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Agenda 09-21-21The City of Boynton Beach City Commission Agenda Tuesday, September 21, 2021, 4:30 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. www. boynton-beach.org Page 1 of 453 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 September 21, 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 453 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 453 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 Attorney requested a private attorney- client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant — Palm Beach County Circuit Court Case Number: 502016C A007514-XXXX- M B In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. It will be approximately 45 minutes. Invocation by Pastor Randy Patterson, Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Katz Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. B. Conduct Second Public Budget Hearing for FY 2021/2022 Final Millage and Tentative Annual Operating Budget. Proposed Resolution No. R21-119 - Adopt the FINAL millage rate for the General Fund for Fiscal Year 2021-2022. Proposed Resolution No. R21-120- Adopt the FINAL Budget for the General Fund and all other funds for Fiscal Year 2021-2022. 3. Announcements, Community And Special Events And Presentations A. Announcement by Laura Lansburgh, Assistant Director of Marketing & Events, of the winner of the Guess The Census promotion. B. Proclaim the month of September as Deaf Awareness Month. Proclamation will be accepted by Lance Fischer, President of South Florida Deaf Senior Citizens, Inc. C. Proclaim September 21 as World Alzheimer's Day. Proclamation will be accepted by Keith Gibson, Director of Programs for Alzheimer's Association Southeast Florida Chapter. D. Proclaim September 15 - October 15, 2021 as Hispanic Heritage Month. Patricia Trejo, Administrative Planner for Hispanic/Latino Studies, Palm Beach Schools, will accept the proclamation. E. Announce the City of Boynton Beach's upcoming tree planting events on September 25 & 26, 2021 in partnership with Community Greening. Page 4 of 453 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. B. Approve the request of Commissioner Justin Katz to distribute $2,000 of his Community Support Funds to the HATT Foundation. 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 recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, PCL Construction, Inc. of Tampa, FL and establish contracts in accordance with the Request for Qualifications (RFQ) No. 013-2821-21/TP for Lift Station 317 Major Upgrade Progressive Design Build and Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the contracts will be brought back to the Commission for approval. B. Proposed Resolution No. R21-121 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY 2021-2022. C. Approve the updated Library Long Range Plan for FY2021-2026. D. Proposed Resolution No. R21-122 - Approve the expenditure of $58,780.75 and authorize the City Manager to sign the support service proposal with AVI-SPL. E. Proposed Resolution No. R21-123 - Authorize the City Manager to sign all documents associated with the acceptance and subcontract agreement for the Florida Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement grant subject to the approval of the City Attorney. F. 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 September 17, 2021 - "Request for Extensions and/or Piggybacks." G. Accept the written report to the Commission for purchases over $10,000 for the month of August 2021. H. Proposed Resolution No. R21-124 - Ratification by the City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2021-2022. Proposed Resolution No. R21-125 - Ratify the Quantum Park Overlay Dependent District annual budget for FY 2021-2022. J. Proposed Resolution No. R21-126 - Approve and authorize the City Manager to sign an Interlocal Agreement for an Emergency Medical Services (EMS) Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to reimburse the City for the purchase of 20 computer tablets. K. Proposed Resolution No. R21-127 - Authorize the City Manager to sign a Payment Processing Agreement with CSG Forte Payments, Inc. to serve as the payment gateway for collecting on-line payments through SagesGov for Development Department permitting services. L. Proposed Resolution No. 21-128 - Approve transmittal of the City of Boynton Beach State Page 5 of 453 Housing Initiative Partnership (SHIP) Program Annual Report for FY2018-2019, and authorize the Mayor to sign the corresponding Local Housing Certification. M. Proposed Resolution No. R21-129 - Approve the Memorandum of Understanding (MOU) between the IAFF Local 1891 Boynton Beach Firefighters and the City regarding Covid-19 policies and practices. N. Proposed Resolution No. R21-130 - Approve the Memorandum of Understanding (MOU) between the City and the PBA Police Officers and Detectives and the Police Sergeants bargaining units regarding Covid-19 policies and practices. O. Proposed Resolution No. R21-131 - Authorize the use of American Rescue Plan Act of 2021 funds (ARPA) up to $75,000 and authorize the City Manager to sign an agreement with Pathways to Prosperity to administer Palm Beach County's Application Process of Emergency Rental, Utility, and Relocation Assistance to the residents of Boynton Beach experiencing loss of income due to COVI D-19. 7. Consent Bids And Purchases Over $100.000 A. Proposed Resolution No. R21-132 - Approve the renewal of property, casualty, and workers' compensation insurance coverage with Florida Municipal Trust (FMIT) and authorize City Manager to sign all required documents for the term of the policy: October 1, 2021 through September 30, 2022. B. Approve piggyback of Volusia County Contract # 18-B-43AK with Boundtree Medical for the City's medical supplies on an as needed basis with an estimated annual purchase of $130,000 and authorize the City Manager to sign an agreement. The Volusia County procurement process satisfies the City's competitive bid requirements. C. Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for September 17, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." D. Approve an additional expenditure of $19,000 with IXOM Water Care, Inc. utilizing Palm Beach County's sole source contract SS150985 to purchase MIEX resin bringing the not to exceed amount for this fiscal year up to $349,585.00. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report A. Discuss a date and time to hold a City Commission Workshop to review the first draft of the spending plan for the expenditure of ARPA funds. 10. Unfinished Business A. Proposed Resolution No. R21-114 - Approve and authorize a second addendum to the Franchise Agreement with FLSC, LLC., for a textile recycling program and designate an allocation and use of funds policy for this contract. (Tabled from the September 8, 2021 City Commission Meeting.) 11. New Business A. Proposed Resolution No. R21-133 - Authorizing the City to set rates, fees and charges for Water, Wastewater, Stormwater, Reuse Water, and District Energy Chilled Water for the upcoming Fiscal Year 2021-22. Page 6 of 453 B. Consider and approve authorizing use of American Rescue Plan Act (ARPA) funds to provide a monetary incentive of $500.00 to each City employee who is fully vaccinated on or by November 15, 2021 for an appro)amate cost of $400,000.00. This incentive is subject to collective bargaining. C. Discussion on amending the disposition process for Real Property owned by the City. 12. Legal A. Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. 13. Future Agenda Items A. Staff will prepare options for the Commission's consideration for handling Letters of Intent on City owned properties - October 5, 2021 B. PBC Supervisor of Elections Wendy Link to provide information on polling place safety precautions due to COVID-19 and the ballot format for the March 2022 election. - October 5, 2021 C. The PBC School District and the Education Foundation of PBC will provide an update to the City Commission on the Digital Inclusion Program - October 5, 2021. D. Approval of task order for design, permitting and construction administration services for Eco Park. - October 5, 2021 E. Head Start Purchase and Sale Agreement - October 19, 2021 F. Hazard Mitigation Grant Award for Potter and Dimmick Roads - October 19, 2021 G. Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 2, 2021 H. Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - November 15, 2021 I. National Flood Insurance Program Community Rating System Update- November 15, 2021 J. Sign Code Amendments - November 15, 2021 K. Representatives from FI U will present the Diversity & Equity Assessment of City Systems (Internal Assessment) - November 15, 2021 L. Mobility Plan & Technical Report - November 2021 M. City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discuss the City's annual Legislative Agenda. - December 7, 2021 N. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD O. Discussion regarding adjusting traffic signal timing for pedestrians during off-peak hours. - TBD P. Consultant Presentation of Housing Needs Assessment - TBD Q. Discuss Building Safety Inspection Program - TBD 14. Adjournment Notice if a person decides to appeal to any decision made by the City Con -n ission 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 verbatimrecord ofthe proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) Page 7 of 453 The city shallfurnish appropriate auxiliary aids and services where necessary to afrord 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 Clerws office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the program or activity in order for the city to reasonably accommodate your request. Additional agenda items may be added subsequent to the publication of the agenda on the city's web site. Information regarding items added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk. Page 8 of 453 1.A. Opening Items 9/21/2021 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 Attorney requested a private attorney-client session of the City Commission to discuss pending litigation in the following case: RONALD RYAN, Plaintiff, vs. CITY OF BOYNTON BEACH, FLORIDA, a local municipality, Defendant — Palm Beach County Circuit Court Case Number: 502016CA007514-XXXX-M B In attendance will be the City Attorney James Cherof, Assistant City Attorney Gal Betesh, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. It will be approximately 45 minutes. Invocation by Pastor Randy Patterson, Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Commissioner Katz 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 9 of 453 Is this a grant? Grant Amount: Attachments: Page 10 of 453 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 9/21/2021 Page 11 of 453 2.B. Other 9/21/2021 Requested Action by Commission: Conduct Second Public Budget Hearing for FY 2021/2022 Final Millage and Tentative Annual Operating Budget. Proposed Resolution No. R21-119 - Adopt the FI NAL millage rate for the General Fund for Fiscal Year 2021-2022. Proposed Resolution No. R21-120 - Adopt the FI NAL Budget for the General Fund and all other funds for Fiscal Year 2021-2022. Explanation of Request: This is the second and final Budget Public Hearing for final adoption of the millage rate and operating budget for FY 2021-2022. As a result of the Budget Workshops held on July 12-13, 2021 the City Commission approved a proposed millage rate of 7.89 mills and a proposed General Fund budget of $102,396,693. The proposed FY 21/22 General Fund Budget of $102,396,693 is an increase of 4.8% or $4,711,264 over the final adopted FY 20/21 General Fund Budget of $97,685,429. Based on changes to the state shared revenue projections and direction from the Commission during the July budget workshops, the following changes have been incorporated into the proposed budget: 1) Decreased General Fund from $102,468,888 to $102,396,693. The City's State Shared Revenue Projections provided by the State were received in August and created a projected increase of $413,800. Those increases were $348,000 in Sales Tax and $65,800 in State Shared Revenues. At the workshop, ARPA Revenue Losses were identified to fill the gap in the amount of $350,000. The decision to reduce the millage rate from 7.9 to 7.89 resulted in a decrease of ($54,485). Wage increases were increased from 2% to 3% increasing expenditures in the amount of $187,609. The net difference in revenues and expenditures are being supported through increasing Fund Balance in the amount of $793,510. 2) Increased Traffic Safety Fund from $2,594,353 to $2,598,935 due to wage increases from 2% to 3%. 3) Increased Community Improvement Fund from $335,536 to $339,800 due to wage increases from 2% to 3%. 4) Increased Building fund from $3,382,977 to $3,397,351 due to wage increases from 2% to 3%. 5) Increased Public Art fund from $302,373 to $303,689 due to wage increases from 2% to 3%. 6) Increased Public Service Tax Debt Fund from $10,275,894 to $11,625,894 due to the ARPA Revenue losses being transferred to General fund in the amount of $350,000 and the transfer to General fund of $1,000,000 previously only accounted for in the General Fund Revenue. Page 12 of 453 7) Increase in Utility Fund from $54,697,153 to $54,884,450 due to a departmental reorganization in the amount of $100,000 and a 2% to 3% wage increase of $87,297. 8) Increase in the Solid Waste Fund from $11,771,835 to $11,788,142 due to the 2% to 3% wage increase. 9) Increase in the Fleet Fund from $9,853,415 to $9,863,114 due to the 2% to 3% wage increase. 10) Increase in the Materials and Distribution Fund from $518,803 to $521,501 due to the 2% to 3% wage increase. 11) Increase in the Risk Fund from $6,353,995 to $6,358,453 due to the 2% to 3% wage increase. 12) Increase in the Boynton Beach Memorial Fund from $548,033 to $548,495 due to the 2% to 3% wage increase. How will this affect city programs or services? The annual budget provides appropriations to provide City services. Fiscal Impact: Budgeted. Adoption of the millage rate and budget allows for appropriations to provide City services. Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D 1::R solutlioin D Resolution Description Resolution aIppu (.) iAng the II::::liiraall IMIlillllage IRa�te� t'~; i l:: Y 2021 2022 1::Resolu.aitiioiru adoIptlirng the Il: liriall Ii:::tudtlet foir Il Y 2021...22 Page 13 of 453 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 RESOLUTION R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING A FINAL MILLAGE RATE FOR THE CITY'S GENERAL OPERATING FUND FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022, PROVIDING THAT FINAL MILLAGE RATE OF 7.8900 MILLS IS 3.32% ABOVE THE ROLLED -BACK RATE OF 7.6362 MILLS; PROVIDING FOR SEVERABILITY, CONFLICTS AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a final budget has been prepared estimating expenditures and revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed information, including revenues to be derived from sources other than ad valorem levy, and the administrative staff of the City has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has given notice of and conducted the public hearings required by law and has considered the recommendations of staff and the comments of the public, the suggested budget, and the proposed millage necessary to be levied to carry on the government of the City for the ensuing year; WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as outlined in Florida Statutes Section 200.065. 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 27 hereof. 28 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 29 adopts the final millage rate of 7.8900 for the General Fund. The final millage rate is 3.32% S:ACA\RESO\Budget\2021 - 2022 Budget\Final Millage Resolution - Sept 21 2021.Docx Page 14 of 453 30 above the computed rolled -back rate of 7.6362. 31 Section 3. If any clause, section, or other part of this Resolution shall be held by 32 any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 33 invalid part shall be considered as eliminated and shall in no way affect the validity of the 34 other provisions of this Resolution. 35 Section 4. All resolutions or parts of resolutions in conflict herewith are hereby 36 repealed to the extent of such conflict. 37 Section 5. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 21 st day of September, 2021. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 (Corporate Seal) 62 63 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\Budget\2021 - 2022 Budget\Final Millage Resolution - Sept 21 2021.Docx Page 15 of 453 I RESOLUTION R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 ADOPTING A FINAL BUDGET FOR THE FISCAL YEAR 5 BEGINNING OCTOBER 1, 2021, AND ENDING SEPTEMBER 30, 6 2022; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN 7 EFFECTIVE DATE. 8 9 WHEREAS, a final budget has been prepared by the City Manager estimating 10 expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, with 11 detailed information, including revenues to be derived from sources other than the ad 12 valorem tax levy, and she has made recommendations as to the amount necessary to be 13 appropriated for the ensuing year; and 14 WHEREAS, the City Commission of the City of Boynton Beach has conducted a public 15 hearing in accordance with s. 200.065 Florida Statutes on the City's final budget and the 16 proposed millage rate. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. That the final budget of the City of Boynton Beach, Florida, for the fiscal 23 year beginning October 1, 2021 and ending September 30, 2022, a copy of which is attached 24 hereto, is hereby adopted and the appropriations set out therein are hereby made to 25 maintain and carry on the government of the City of Boynton Beach, Florida. 26 Section 3. There is hereby appropriated the sum of $102,396,693 to the General 27 Fund for the payment of operating expenditures, transfers to other funds, and necessary 28 capital outlays for the City Government pursuant to the terms of the above budget. 29 Section 4. That there is hereby appropriated the sum of $2,598,935 to the Traffic 30 Safety Special Revenue Fund for the payment of operating expenditures, transfers to other 31 funds, and necessary capital outlays. 1 S:ACA\RESO\Budget\2021 - 2022 Budget\Final Budget_Resolution_-_Sept_21_2021.Docx Page 16 of 453 32 Section 5. That there is hereby appropriated the sum of $1,301,150 to the Local 33 Option Gas Tax Special Revenue Fund for the payment of operating expenditures, transfers 34 to other funds, and necessary capital outlays. 35 Section 6. That there is hereby appropriated the sum of $339,800 to the 36 Community Improvements Special Revenue Fund for the payment of operating 37 expenditures, transfers to other funds, and necessary capital outlays. 38 Section 7. That there is hereby appropriated the sum of $3,397,351 to the 39 Building Special Revenue Fund for the payment of operating expenditures, transfers to 40 other funds, and necessary capital outlays. 41 Section 8. That there is hereby appropriated the sum of $303,689 to the Public 42 Arts Special Revenue Fund for the payment of operating expenditures, transfers to other 43 funds, and necessary capital outlays. 44 Section 9. That there is hereby appropriated the sum of $742,998 to the 45 Recreation Program Special Revenue Fund for the payment of operating expenditures, 46 transfers to other funds, and necessary capital outlays. 47 Section 10. That there is hereby appropriated the sum of $11,625,894 to the Public 48 Service Tax Debt Service Fund for the purpose of payment operating expenditures, 49 transfers to other funds, and the principal and interest due on the public service tax bonds 50 of the City not subject to statutory exemptions and for redeeming such bonds as they mature. 51 Section 11. That there is hereby appropriated the sum of $3,842,327 to the 52 General Capital Improvement Capital Projects Fund for the payment of transfers to other 53 funds and capital outlays pursuant to the terms of the above budget. 54 Section 12. That there is hereby appropriated the sum of $6,944,623 to the Local 55 Government Surtax Capital Projects Fund for the payment of transfers to other funds and 56 capital outlays pursuant to the terms of the above budget. 57 Section 13. That there is hereby appropriated the sum of $66,067 to the Parks & 58 Recreation Facilities Trust Fund for the payment of transfers to other funds and capital 59 outlays pursuant to the terms of the above budget. 2 S:ACA\RESO\Budget\2021 - 2022 Budget\Final Budget_Resolution_-_Sept_21_2021.Docx Page 17 of 453 60 Section 14. That there is hereby appropriated the sum of $54,884,450 to the Water 61 and Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to 62 other funds, and necessary capital outlay. 63 Section 15. That there is hereby appropriated the sum of $31,207,947 to the Water 64 and Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays 65 pursuant to the terms of the above budget. 66 Section 16. That there is hereby appropriated the sum of $2,250,175 to the Golf 67 Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary 68 capital outlays. 69 Section 17. That there is hereby appropriated the sum of $204,200 to the Golf 70 Course CIP Fund for the payment of capital outlays pursuant to the terms of the above 71 budget. 72 Section 18. That there is hereby appropriated the sum of $11,788,142 to the Solid 73 Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds 74 and necessary capital outlays. 75 Section 19. That there is hereby appropriated the sum of $9,863,114 to the Fleet 76 Maintenance Internal Service Fund for the payment of operating expenditures, transfers to 77 other funds, and necessary capital outlays. 78 Section 20. That there is hereby appropriated the sum of $521,501 to the 79 Materials & Distribution Internal Service Fund for the payment of operating expenditures, 80 transfers to other funds, and necessary capital outlays. 81 Section 21. That there is hereby appropriated the sum of $6,358,453 82 to the Self -Insurance Internal Service Fund for the payment of operating expenditures, 83 transfers to other funds, and necessary capital outlays. 84 Section 22. That there is hereby appropriated the sum of $548,495 the Cemetery 85 Special Revenue Fund for the payment of operating expenditures, transfers to other funds, 86 and necessary capital outlays. 87 3 S:ACA\RESO\Budget\2021 - 2022 Budget\Final Budget_Resolution_-_Sept_21_2021.Docx Page 18 of 453 88 Section 23. All delinquent taxes collected during the ensuing fiscal year as 89 proceeds from levies of operation millages of prior years are hereby specifically appropriated 90 for the use of the General Fund. 91 Section 24. If any clause, section or other part of this Resolution shall be held by 92 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 93 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 94 remaining portions of this Resolution. 95 Section 25. All Resolutions or parts of Resolutions in conflict herewith are hereby 96 repealed to the extent of such conflict. 97 Section 26. This Resolution shall become effective immediately upon passage. 98 PASSED AND ADOPTED this 21 st day of September, 2021. 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 ATTEST: Crystal Gibson, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga C! VOTE YES NO S:ACA\RFS0\Budget\2021 - 2022 Budget\Final Budget_Resolution_-_Sept_21_2021.Docx Page 19 of 453 3.A. Announcements, Community and Special Events and Presentations 9/21/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/21/2021 Requested Action by Commission: Announcement by Laura Lansburgh, Assistant Director of Marketing & Events, of the winner of the Guess The Census promotion. Explanation of Request: The US Census Bureau is anticipated to release local population data garnered from the 2020 Census on September 16, 2021. Laura Lansburgh, Assistant Director of Marketing & Events, will announce the winner of the Guess The Census, a promotion the City held last year in order to drive awareness or and responses to the 2020 Census. The winning guess will receive a Best of Boynton Package. How will this affect city programs or services? Fiscal Impact: Budgeted Alternatives: Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 20 of 453 3.B. Announcements, Community and Special Events and Presentations 9/21/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/21/2021 Requested Action by Commission: Proclaim the month of September as Deaf Awareness Month. Proclamation will be accepted by Lance Fischer, President of South Florida Deaf Senior Citizens, Inc. Explanation of Request: American Sign Language is the third most widely used language in the United States. Deaf people do not feel that they are disabled in any way, where in fact we must recognize that deaf people can do anything except hear. We believe Boynton Beach's Deaf, Deafblind, Hard of Hearing & Late Deafened individuals should have the same access to many benefits and opportunities available to live, work, play and communicate in Boynton Beach. 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 D i irocld irnatlion C:: �iirc:kclaimation II:)eaf Awareness Month Page 21 of 453 f)roelbmation Whereas, ninety-three percent of Deaf children are born into hearing families, only seven percent are born into deaf families. Whereas, American Sign Language is the third most widely used language in the United States Whereas, Deaf people do not feel that they are disabled in any way, where in fact we must recognize that deaf people can do anything except hear. Whereas, 466 million people worldwide have a disabling hearing loss and 48 million Americans have significant hearing loss of these almost 6 million are profoundly deaf. Whereas, to learn more about the types of educational programs and support services that are available to Deaf and hard of hearing children. Whereas, we believe Boynton Beach's Deaf, Deafblind, Hard of Hearing & Late Deafened individuals should have the same access to many benefits and opportunities available to live, work, play and communicate in Boynton Beach, NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the month of September, as: Deaf Awareness Month and encourage all residents of our community to do your part and wear a clear mask, take an American Sign Language Class or learn more about Deaf culture. IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 21st day of September, Two Thousand Twenty One. Steven B. Grant, Mayor ATTEST: Crystal Gibson City Clerk 3.C. Announcements, Community and Special Events and Presentations 9/21/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/21/2021 Requested Action by Commission: Proclaim September 21 as World Alzheimer's Day. Proclamation will be accepted by Keith Gibson, Director of Programs for Alzheimer's Association Southeast Florida Chapter. Explanation of Request: More than 6 million Americans are living with Alzheimer's. By 2050, this number is projected to rise to nearly 13 million. In the United States, Alzheimer's and dementia deaths have increased 16% during the covid-19 pandemic. The City of Boynton Beach recognizes the efforts of the Alzheimer's Association to highlight early detection and diagnosis of Alzheimer's disease and other dementias, education, support and research, thereby improving the financial, physical, and emotional health for those living with Alzheimer's disease and their caregivers. 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 D C: �irocllairnation Procllan is tion World Ilzllrolimeii°s Il:::)ay Page 23 of 453 f)r0elamation Whereas, more than 6 million Americans are living with Alzheimer's. By 2050, this number is projected to rise to nearly 13 million. Whereas, in the United States, Alzheimer's and dementia deaths have increased 16010 during the covid-19 pandemic. Whereas, between 2000 and 2019, deaths from heart disease have decreased 7.3% while deaths from Alzheimer's have increased 145% Whereas, One in three seniors dies with Alzheimer's or another dementia. It kills more than breast cancer and prostate cancer combined. Whereas, the City of Boynton Beach recognizes the efforts of the Alzheimer's Association to highlight early detection and diagnosis of Alzheimer's disease and other dementias, education, support and research, thereby improving the financial, physical, and emotional health for those living with Alzheimer's disease and their caregivers,- NOW aregivers;NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the September 21 as: World Alzheimer's Day IN WITNESS WHEREOF, I have hereunto set my hand and cause the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach Florida, the 21" day of September, Two Thousand Twenty One. Steven B. Grant, Mayor ATTEST: Crystal Gibson City Clerk 3.D. Announcements, Community and Special Events and Presentations 9/21/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/21/2021 Requested Action by Commission: Proclaim September 15 - October 15, 2021 as Hispanic Heritage Month. Patricia Trejo, Administrative Planner for Hispanic/Latino Studies, Palm Beach Schools, will accept the proclamation. Explanation of Request: Hispanic Heritage Month begins on September 15 to celebrate the anniversary of when Nicaragua, Honduras, Costa Rica, EI Salvador and Guatemala became independent countries which are now called Central America. The month highlights the achievements and contributions made by Hispanics and Latinos. 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 D i iroclairnatlioin C: �iirc:kclaimation II IIIispairnlic II ierlitage Month Page 25 of 453 f)r0elamation WHEREAS, Hispanic Heritage Month begins on September 15 to celebrate the anniversary of when Nicaragua, Honduras, Costa Rica, El Salvador, and Guatemala became independent countries which are now called Central America, and; WHEREAS, Hispanic Heritage Month celebrates the rich culture and historic traditions of Hispanic Americans whose roots go back to Mexico, Spain, the Spanish-speaking nations of South America, Central America, and the Caribbean, and; WHEREAS, Hispanic Heritage Month highlights the achievements and contributions made by Hispanics and Latinos, and; WHEREAS, it is vital that the representation of Hispanic/Latino cultures and history are infused into the curriculum to foster the academic success of students, and; WHEREAS, The School District of Palm Beach County supports improvement of academic achievement for all students and ensures adherence to Florida Statute 1003.42 (P) The Study of Hispanic Contributions to the United States. NOW THEREFORE, I, Steven B. Grant, Mayor of the City of Boynton Beach, Florida, do hereby proclaim the September 15 -October 15, Two Thousand and Twenty -One as: hispanic ff zritag�_, Month IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 211r day of September, Two Thousand and Twenty -Once. Steven B. Grant, Mayor ATTEST: Crystal Gibson, MMC City Clerk 3.E. Requested Action by Commission: Announce the City of Boynton Beach's upcoming tree planting events on September 25 & 26, 2021 in partnership with Community Greening. Explanation of Request: The City of Boynton Beach and Community Greening are hosting two upcoming tree planting events: • Saturday, September 25, 9:00-11:30am: Sara Sims & Heritage Park Planting -- Meet at Sara Sims Park, NW 9th Court, Boynton Beach, FL 33235 • Sunday, September 26, 9:00-11:30am: 4th Street Corridor Planting -- Meet at Pence Park, 600 SE 4th Street, Boynton Beach, FL 33435 How will this affect city programs or services? These tree planting events will contribute toward meeting the citywide goal of planting 3,000 trees per year to increase the tree canopy from 16.1 % to 20% by 2035 (Resolution R20-091, September 1, 2020). Fiscal Impact: On December 1, 2020, the City executed an Interlocal Agreement with the Boynton Beach Community Redevelopment Agency (CRA) to reimburse the City for trees, materials, and equipment associated with tree plantings within the CRAArea through December 31, 2021. The City will cover the associated labor costs which are allocated in the Utilities Sustainability Account #401-2821-536.95-44. Alternatives: Not announce the tree planting events. Strategic Plan: Strategic Plan Application: Climate Action Application: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry. Is this a grant? Grant Amount: Attachments: Page 27 of 453 5.A. Administrative 9/21/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/21/2021 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 D Attaahimen"nt ppoIIII"ntITKlil"IIS. alndpplkcaII ((-, for September 21, 2021 D Adtacl[iir nelnt Alle)ds, (I.ylrntlhia D Attachment ,.iosepti, Ket.V.,nllah Page 28 of 453 Appointments and Applicants for September 21, 2021 Art Advisory Board Vice Mayor Hay Reg 2 yr term to 3/22 III Romelus Alt 1 yr term to 3/22 Applicant: Cynthia Alexis 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 IV Penserga For-profit provider of affordable housing 3 yr term Mayor Grant Not-for-profit provider of affordable housing 3 yr term III Romelus Represents employers within the City of 3 yr term Boynton Beach Applicant: Keturah Joseph Not-for-profit provider of affordable housing 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 O\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\AF4A37BC-A366-4610-A8F5-2C453C8CCBCC\Boynton Beach.29368.1.Appointment5_for_09-21- 21.docx Page 29 of 453 Appointments and Applicants for September 21, 2021 Library Board Vice Mayor Hay Alt 1 yr term to 3/22 1 Katz Alt 1 yr tern to 3/22 Applicants: None Recreation and Parks 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\AF4A37BC-A366-4610-A8F5-2C453C8CCBCC\Boynton Beach.29368.1.Appointments_for_09-21- 21.docx Page 30 of 453 Stanzione, Tamm From: City Clerk Sent: Friday, September 03, 2021 3:46 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: lovinglocks4 <noreply@123formbuilder.io> Sent: Friday, September 3, 20212:03 PM To: City Clerk <CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date Name Phone number Address Email Current occupation or, if retired, prior occupation Education 09/02/2021 Cynthia Alexis 561-414-7486 130 se 2nd ave Boynton beach FI 33435 United States Iqin locks4 mail�com Vascular sonographer College Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business No within City limits? If "yes", name of business: Are you currently serving on a No City board? Have you served on a City No board in the past? If "yes", which board(s) and when? Have you ever been convicted No of a crime? If "yes", when and where? Advisory Board please select... Page 31 of 453 If appointed by the City Commission to serve as Board Yes Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I'm interested in becoming apart of the City of Boynton Beach Board. I have proven the ability to coordinate projects to maximize efficiency and diligence to meet deadlines within budget. As a executive in part of the Delray Beach Fashion Week. I have assisted local vendors and designers gain exposure to their brands and business. I've arranged monthly/weekly meetings, organized events, booked venues, and handled administrative tasks, which I believe would translate well as a board member. I'm confident that I have the skills and experiences to hold this position and to be a great benefit to the board I look forward to working with you soon. Professional Memberships Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 107.77.215.35 (United States) at 2021-09-03 13:02:30 on iPhone 14.0.2 Entry ID: 484 Form Host: htt2;form.123formbyLilder.com/- 14 advisor R il g q t i QLn Page 32 of 453 Gibson, Crystal To: Ramirez,0 Subject: RE: AHA[Appointment application From: Ramirez RJ Sent: Thursday, September 16ZU3110:16AM To: Stanzione,Tammy <StanzioneT@bbf|us>; Gibson, Crystal <Gibson[@bbfl.us> Cc: KeturahJoseph xkjbbfbcdc@yahoozom> Subject: RE: AHACAppointment application The vacancy for which Keturah is applying for is for the citizen actively engaged as not-for-profit provider of affordable housing. Please let me know if you have any other questions. FURamirez Pi/lanager,ComnnunkV|mprmVennent F�nan�a| Services 1118aiUng Address: P,O.Bo�,< 310 | BoyntonBeach, F|orida 33,!!V25 Physica|Addne ss, I00E, Ocean Aiiwe. i BoVntonBeach, F|orida 33,135 � 5G1-742-6359 �� rarninezr��bbO,u� | �� boirton-beach.urs/ �� , �� @' 11 ��` �� n P|easebeafvisedthat F|ohdahasa broa�iIpub|icrecords |aouand aUcorrespondence tmnneviaennaUnray b(? subjeict to �iac|cmureUn��rF|ohdane��rds|mm�ennai|ad�resses�re�ub|icre�ordsTh�refo��youre-m�i|oonnmun�catonan� your e-rnai|addreyymay besubjecttojubUcciydmsure. Fronm:kjoseph16 Sent: Wednesday, September 15,30Z111:3ZPM To: City Clerk Subject: Advisory Board Appointment application Today's date Phone number 09/14/2021 Keturah Joseph 561'309'8084 1 Page 33 of 453 Address 846 Gazetta Way West Palm Beach FLORIDA 33413 Reserved Email kioseahl6(@izmail.com Current occupation or, if retired, prior Executive Director - Boynton Beach Faith Based Community Development Corp occupation Education Bachelor - Business Administration (Florida Atlantic University) Are you a registered Yes voter? Do you reside within the Boynton Beach No City limits? Do you own/manage a business within City Yes limits? If "yes", name of Boynton Beach Faith Based Community Development Corporation business: Are you currently serving on a City No board? Have you served on a City board in the No past? If "yes", which board(s) and when? Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Affordable Housing Advisory Committee If appointed by the City Commission to serve as Board Chair Yes or Vice Chair are you willing to serve in this capacity? Personal I am a seasoned housing professional with over 30 years of developing, planning, and Qualifications implementing affordable housing programs in various capacities. In addition, my extensive experience in federal, state, and local housing programs utilizing HOME and SHIP funds; deep knowledge of the regulations that govern these programs, my former position as the Manager of the Palm Beach County Commission on Affordable, and my current position as Executive Director of the only locally created non-profit affordable housing developer in Boynton Beach, qualifies me as a good candidate to serve on the City's Affordable Housing Advisory Board. 2 Page 34 of 453 Professional Memberships None presently. Feel free to attach/upload an https://form.123formbuiIder.com/upload dld.php?fileid=9aa236514e4da8b103d5f7eecc3a7565 extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.84.254.142 (Reserved) at 2021-09-15 22:32:20 on Chrome 93.0.4577.63 Entry ID: 486 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuiIder.com/583214/advisory-board-appointment-application Page 35 of 453 5.B. Administrative 9/21/2021 Requested Action by Commission: Approve the request of Commissioner Justin Katz to distribute $2,000 of his Community Support Funds to the HATT Foundation. Explanation of Request: Commissioner Katz requests to distribute $2,000 of his Community Support Funds to the HATT Foundation. Funding will be used for a turkey give -a -way as well as an event to benefit children should additional funds remain. 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 2021 budget. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attaa:;lhirrieint CSII::::: lRequest II::::oiiirn Page 36 of 453 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUESTFORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: 9/21/2021 Requested by Mayor/Commissioner: Commissioner Justin Katz Amount Requested $2,000.00 Recipient/Payee: HATT Foundation Description of project, program, or activity to be funded: Funding will be used for a turkey give - a -way as well as an event to benefit children should additional funds remain, Part 11 - 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 $2,000.00. Accordingly: X There are funds available as requested F There are insufficient funds available as requested Dated: By: tit Jerk PartPart III -Eligibility Evaluation Public funds will not be used to improve private property unless there is a clear public need, purpose and benefit. 0 The recipient/payee provides services within the City. X The public purpose is beneficial to the entire community served by such donation. Dated: By: O qu g ember of the�ity Commis M Page 37 of 453 Consent Agenda 9/21/2021 Requested Action by Commission: Approve the recommendation of the Evaluation Committee and authorize staff to conduct negotiations with the first ranked firm, PCL Construction, Inc. of Tampa, FL and establish contracts in accordance with the Request for Qualifications (RFQ) No. 013-2821-21/TP for Lift Station 317 Major Upgrade Progressive Design Build and Florida Statute 287.055, Consultants' Competitive Negotiation Act (CCNA). At the completion of each phase of the negotiations, the contracts will be brought back to the Commission for approval. Explanation of Request: On April 30, 2021, the City received two (2) Statements of Qualifications in response to RFQ No. 013-2821- 21/TP for Lift Station 317 Major Upgrade Progressive Design Build project, which were reviewed by Financial Services to ensure the proposals met the RFQ's minimum requirements. Both submittals were deemed responsive and were forwarded to the Evaluation Committee for review utilizing the City's Bids & Tenders e -procurement software. On June 8, 2021, the Evaluation Committee reviewed and ranked the submittals in a recorded public meeting. The Evaluation Committee was unanimous in its decision to recommend PCL Construction, Inc. as the highest ranked firm. How will this affect city programs or services? Approval of this request will allow City staff to begin negotiations with the highest ranked Progressive Design Build (PDB) firm, PCL Construction, Inc., to develop a cost for completion of the first phase of the project which includes coordination with city staff and the development of a preliminary design and development of a guaranteed maximum price (GMP) to complete the construction of the designed improvements. A second authorization by commission will be required for acceptance of the GMP and authorize the PDB firm to complete the implementation of the improvements. The selected PDB firm, during the first phase, will evaluate the existing facility and design the needed upgrades to existing Lift Station 317 to resolve ongoing operational issues and provide for reliable long-term operation of the station. Issues that will be considered as part of the project include correct sizing and upgrades of the pumps to meet current and future demands, update of the electrical system, standby pumping operations, air quality at the station and surrounding area, overall building and wet well improvements, and upgraded instrumentation and control. The PDB firm will work hand-in-hand with Utilities staff to manage, design, permit, construct, and implement the project. Fiscal Impact: There is no fiscal impact as a result of this approval until a contract for the first phase (and subsequent phases) has been negotiated with the Progressive Design Build firm, which will be submitted to the Commission for approval. Funds are budgeted for this project in the Utilities CI P budget. Alternatives: Do not approve the recommendation. Strategic Plan: Page 38 of 453 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Aftad[�iirneint Dl:tau h 11 -TIC." 111 t D AftachirTIEN11t D AltachirTlelllt D AltachiiTient Description I list of IRRspoindeirit.,,..s IFTO Tabulation F1 C I Con5truction, Ilinc, Sur birTliltal RF::Q I )ocuirnent RF:: Q Appendix A Page 39 of 453 The City of Boynton Beach Finance/Procurement Services P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX: (561) 742-6316 REQUEST FOR PROPOSALS RFQ No.: 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE PROGRESSIVE DESIGN BUILD SOLICITATION ISSUE DATE: MARCH 10, 2021 SOLICITATION DUE DATE: APRIL 30, 2021 # OF PROPOSALS SUBMITTED: 2 This list is intended to provide preliminary information regarding the proposals received by the solicitation opening deadline. LIST OF PROPOSERS (IN ALPHABETICAL ORDER) 1. Cardinal Contractors, Inc. 2. PCL Construction, Inc. Opened by: bids&tenders e -Procurement Software Taralyn Pratt, 5/4/21 Page 40 of 453 013-2821-21/TP - Lift Station 317 Maior Upgrade Progressive Design Build - Overview of Specifications Specification Letter of Interest Firm's Qualifications (solicitation request (4) reference projects, Bids&Tenders only list (3) reference sections for entry) Quabflcatlons M Project Team (Key Project Members) Proposer Qualification Statement Approach to the Scope of Work Resumes Current & Projected Workload of the Proposer Creativity and Innovation M Project Approach and Solution 5e lection Options Demonstrated Knowledge Confirmation of Minority Owned Business L—1 Business Status CertiflCatlon References (3) Anti -Kickback Affidavit N.,, C.11.,— Affidavit of Proposer Certification Pursuant to Florida Statute 4 287.135 E -Verify Form Under Section 448.095, Florida Statutes 51ate of Florida License Sub -C—, hoots COMMENTS'. Page 41 of 453 Cardinal Contra Rors, Inc. PCL Construction, Inc. 13794 NW Ch Street, Suite 200, Sunrise, Florida 33325 1 N. Dale Mabry Hwy, Suite 300, Tampa, Florida 33609 Eric Macel<-emacek@prim.com Caitlin Van loosfen- cvanjoosten@pd— Phone: 954-587-0520 x54721 Phone: 813-425-1457 Submission 1 Submission 1 Yes Ves (4) Reference listed (see Supplemental Information) Submitted (see Supplemental Information) Signed & Submitted Submitted Included Yes Submitted Yes (see Supplemental l 'formation) Submitted -N.A. NA Included Signed & Submitted Signed & Submitted Signed & Submitted Signed & Submitted Included - State of FL- DBPR-Construction Industry Licensing Board GC, Underground Utility & Exravetion, Plumbing Contractor, Mechanical Contractor- Expires 8/31/2022 & State of FL Board of Professional Engineers 2/28/2023;Nutting 1,l of FL, Inc. State of FL Board of Professional Engineers License T CA606 Expired 2/28/2021 and V&A Consulting Engineers, Inc. License p CA33l3 0 Expired 2/28/21; Aviron & Associates Inc- Professional Surveyor and Mapping Business License #LB3300 -Expired Ves-(2) Edller Engineering l nc.; MCN- &Creed Rcfu—, 2 - City of Sunrise Utilities Reference com pieced in 2017 is -"within the part 3 years" Proposer Qualification Statement: Question N 24 - List claims and arbitrations Ves Ves (7) Reference listed (see Supplemental Information) Submitted Signed & Submitted Submitted Included Ves Submitted Ves Submitted - N N.A. Included Signed & Submitted Signed &Submitted Signed & Submitted Signed &Submitted Included -State of FL DBPR Cons[ruc[lon Industry Licensing Board GC, Underground Utility & Excavation, Mechanical Contractor, Pollutant Systems Contractor- Expires 8/31/2022; Stale of FL Professional Engineers- Expires 2/28/2023 Proposer Qualification Statement. Question p 24 -List claims and arbitrations 013282121 - Lift Station 317 Major Upgrade Progressive Design Build Opening Date: March 10, 2021 12:00 PM Closing Date: April 30, 2021 2:30 PM Vendor Details Company Name: PCL Construction, Inc. Submitted On: 1 N Dale Mabry Hwy Address: Suite 300 Email: Tampa, Florida 33609 Contact: Caitlin van Joosten Email: cvanjoosten@pcl.com Phone: 813-425-1457 Fax: 813-961-1575 HST#: 20-3598843 Submission Details Created On: Monday April 19, 2021 16:09:16 Submitted On: Friday April 30, 2021 12:16:55 Submitted By: Caitlin van Joosten Email: cvanjoosten@pcl.com Transaction #: 838c3fb3-c943-4391-a625-add820b998aa Submitter's IP Address: 4.53.109.18 Bid Number: 013282121 Vendor Name: PCJ�C�onnstl}�cttiipn 1r I Letter of interest The Letter of Interest shall summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. The Letter of Interest shall be provided by the person authorized to bind the Proposer to the submitted RFQ. Description Response' The Letter of Interest shall summarizes the Proposer's primary Letter of Interest — signed copy included in Supplemental Information. qualifications and a firm commitment to provide the proposed services. April 30, 2021 City of Boynton Beach Utilities Department 124 East Woolbright Road Boynton Beach, FL 33435 RE: Statement of Qualifications for Lift Station 317 Major Upgrade Progressive Design Build RFQ No. 013-2821- 21/TP Dear Selection Committee Members: Several years from now we will all look back on this project with fond memories due to the continued successful partnership between the City of Boynton Beach (City), PCL Construction, Inc. (PCL) and Carollo Engineers, Inc. (Carollo) along with the creative, cost saving contributions made by our team. The PCL/Carollo (Team) is the right partner for this project. To resolve the City's Project Goals at LS 317 we couple a Wealth of Knowledge of the City and its Collection System; an Established Partnership; and a Mobilized Team as our approach to success in delivering this project on time. - Project Goals. The Lift Station 317 (LS317) Major Upgrade Progressive Design Build project is important to the well-being and reliability of the City's collection system. The station currently struggles with debris and ragging, odor impacts to neighboring businesses, and will face future capacity demands to support the growth of the community. LS317 is ready for an upgrade and the Team is ready to hit the ground running. - Wealth of Knowledge. Our Team is backed by two of the largest powerhouses in the Water industry giving you access to a wealth of knowledge stemming from our innovations used throughout the country. Carollo's institutional knowledge of LS317 and previous analyses of the collection system are invaluable. Combine that with the experience of PCL and we bring a foundation for success. - Established Partnership. We offer a local Team who have experience with the City, who have developed strong relationships and trust with your staff. We have a proven history of successful projects with the City. We began the journey with the Progressive Design Build (PDB) project for the ion exchange system and are now completing the PDB of your SCR WWTP Aeration Improvements—we are excited to continue with your L3317 project. Our proven ability to partner with the City gives you the comfort of working with a Team that can meet your project goals. - Mobilized Team. Our Team is already mobilized and will be ready to design and construct, saving time and money. Per the requirements of the RFP, our team is fully committed to performing the work and providing the proposed services. With a proven track record of delivering progressive design build projects, the PCL/Carollo Team will bring our innovative ideas to find cost savings and operable solutions. Add those ideas to our depth and breadth of experience and knowledge of your facilities and we bring a recipe for success and commitment to you. We look forward to working with the City, if you should have any questions about our submittal, please call Mauricio at 480.797.9238 or Liz at 847.530.0973. Sincerely, Mauricio Ramos, DBIA I Project Director I PCL Construction Elizabeth Fujikawa, PE, BCEE, LEED AP I Project Director I Carollo Engineers, Inc. Firm's Qualifications Provide at least four (4) reference projects of a similar size, scope and complexity that have been completed by your firm within the last ten (10) years which demonstrate the experience of the firm and the team that will be assigned to provide the services as required by this Project. A project similar in scope is defined as a project, which includes some or all of the following components: design of new or improvements to existing master wastewater lift stations. A project similar in size is defined as a project completed under the Progressive Design/Build or Construction Management at Risk (CMAR) delivery method, which was at least $3,000,000 in cost (design and construction). For each reference project, provide the following information: 1. Client name/Owner's Representative name, address, phone number, and email. 2. Name and location of the project. Description of the scope of work. 3. Role your company provided: Construction Management at Risk (CMAR) and/or General Contractor / Progressive Design -Build Team and/or other. 4. Date project was completed or is anticipated to be completed. 5. Size of project (gross square feet of construction) 6. Original Owner Budget vs. Final GMP 7. Saving achieved through Value Engineering or other approaches 8. The percentage of the GMP for General Conditions, Profit and an Overhead 9. The total amount of approved Changes Orders added to the Original GMP. 10. The dollar amount of fees for Pre -Construction Services 11. The dollar value and the percentage of the final GMP awarded to and performed by local subcontractors (of any tier) and SBE subcontractors (of any tier). 12. Present status of the project. 1. If the Proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the Firm that is to serve as the principal consulting firm should be noted, if applicable. 2. Notarized statement showing the Proposer's maximum bonding capacity; and that the Proposer has an available bonding capacity for a minimum of $5 million specifically for this project. Statement should also identify the Proposer has the ability to increase their bonding capacity, if necessary, and to what amount. NOTE: Notarized statement must be from an admitted surety insurer authorized to issue bonds in the State of Florida, not an agent or broker. Bid Number: 013282121 Vendor Name: PC Cons Conns� cope 1 c. Description Reference Project * Reference Project * Reference Project 3 * Client Name / Owner's Representative Name Florida Keys Aqueduct Authority City of Sarasota I Anthony City of St. Petersburg I Mark David Hackworth Centurione, PE Laney Address 110 Kennedy Drive, Key West, FL 824 South Osprey Avenue One Fourth Street North, St 33040 Sarasota, FL 34236 Petersburg, FL 33701 Contact Telephone # 305.295.2152 941.316.8490 727.415.8279 Email Address dhackworth@FKAA.com anthony.centurione@sarasotafl.gov mark.laney@stpete.org Name and Location of the Project Lift Station Rehabilitation and Lift Station 87 1 Sarasota, Florida Lift Station 85 1 St. Petersburg, Manholes Wastewater Master Lift Florida Station Replacement Progressive Design Build I Key West, Florida Description of the Scope of Work The FKAA serves the residential This new pump station with a two- PCL constructed a new 36-mgd community on Naval Air Station Key story, above-ground lift station will lift station within the existing West on Sigsbee Key in the lower replaced the old station that was Albert Whitted Water Reclamation Florida Keys. The pump station and experiencing problems. It routed Facility. Work included a below- the wastewater inflow piping to the the flow of 9.5 million gallons of grade (33 feet) concrete wet well facility currently consists of several wastewater per day—a third of and dry pit; climate-controlled force mains from area residential the city's wastewater—beneath electrical room, storage area and pump stations, an existing pump Hudson Bayou. PCL's scope of restroom; six 330 HP pumps station and wet well with an work included demolishing the with valves/piping; and related associated dry pit meter vault, existing pump station and electrical instrumentation systems. auxiliary power generator with fuel replacing it with a new pump Existing water, sewer, odor storage, and several abandoned station housing six 125-HP control, and power supply structures including a concrete block pumps with auxiliary power systems were also relocated. and stucco (CBS) building, a fuel backup systems, an odor control Work included storm drainage tank and associated concrete slabs. system, piping, on-site and off- improvements and installation of The effluent flow from the lift station site tie-ins to the existing 2,800 feet of 30-inch diameter is currently routed through a flow transmission main, site work, ductile iron pipe and RCW meter on its way to the wastewater electrical systems, and distribution pipelines, as well treatment facility. instrumentation and controls. The as "reward well" injection piping facility required a 55 foot deep connections. Carollo per-formed This master lift station replacement excavation for the wet well construction phase services for design project includes the following construction. The lift station was the wastewater diversion piping features and activities: Intercept the designed to withstand a and connections including shop five (5) existing influent mains and Category 3 hurricane, all while drawing reviews, RFI responses, reroute them to a junction manhole providing extensive architectural site visits, and inspections, and where the flow will be combined and features that maintain the record drawings. will then flow by gravity to the new historical aesthetics of the lift station wet well. immediate area. A portion of this project required excavation within an active 3 new wastewater pumps, two duty airport runway, shutting the and one stand-by are included. runway down for a short amount of time. Utilizing our Construction -Above ground stainless steel pump Engineering Department, PCL discharge piping including backflow developed a 3D model of the prevention (check valve), isolation existing utilities in the area of valve, bypass/emergency pumping excavation, as well as a 3D connections, and air release (ARVs) excavation plan. This model are included. assisted the PCL team in collaborating with the engineer -New pump discharge force main and the City to perform more piping to existing meter vault. efficient excavation, minimizing the shutdown period and -New auxiliary power generator, reducing the amount of runway including fuel tank, and automatic that had to be excavated. transfer switch. The project required an extensive -New lift station control panel on bypass pumping system to allow elevated platform. for the construction of the pump station while getting the entire -Odor control (passive permanganate collection grid to the treatment type system on wetwell). facility. This was a long-duration operation that had to be fully -Coordination with Keys Energy for redundant, provide emergency upgraded electrical power service. response capability, and ensure full regulatory compliance -Coordination with FKAA Tech ensuring no unregulated Services for radio communication discharges during construction. requirements. -The abandonment and demolition of the current pump station, along with the unused and abandoned structures at the site. -AII facility construction activities will be coordinated so that there is no interruption of service to the residential community. A preliminary engineering report (PDR) has been developed. This report has been provided as supporting information to the Florida Department of Environmental Protection (FDEP) construction permit application. Role your Company Provided: Construction Management at Risk (CMAR) Progressive Design Build General Contractor General Contractor and/or general Contractor / Progressive Design-Build Team and/or other Project Start Date: October 2020 January 2018 April 2013 Project End Date: 1st qtr 2022 July 2020 January 2015 Size of Project (Gross Square Feet of Construction) 3.5 mgd 9.5 mgd 36 mgd Original Owner Budget Vs. Final Guaranteed Maximum Price (GMP) Original: $3.95 million I Final GMP: Original: $21,267,000 Final Original : $10,687,294 Final $3 million (Est.) GMP: 21,329,571 GMP: $10,457,473 Bid Number: 013282121 Vendor Name: PCJ�Cons tl cttiipn 1 c. Saving Achieved through Value Engineering or other Approaches Yes $83,000 N/A The Percentage of the GMP for General Conditions, Profit and an Overhead 32% N/A N/A The Total Amount Approved Change Orders Added to the Original GMP. N/A Construction has not yet started. 38 ($212,025) Owner initiated. 1 ($229,821) The Dollar Amount of Fees for Pre -Construction Services $82,452 N/A N/A The Dollar Value and the Percentage of the Final GMP Awarded to and Performed by Local Subcontractors (of any tier) and SBE Subcontractors (of any tier) Not yet determined. Construction has not begun. Local - $4,643,000 (22%) 1 SBE - $2,049,164 (10%) Local: $1,069,619 (10%) 1 SBE: $512,416 (4.9%) Present Status of the Project Design Complete Completed Completed Qualifications of Project Team (Key Project Members) Provide an overview of the qualifications of a specific project team to be provided by the Design Build Team to perform the requested services. Specify and present as a minimum, similar experience in design and construction of municipal pipeline and/or roadway projects. Identify the principal and management staff who would be assigned to the project as follows: 1. An organizational chart that clearly defines the lines of authority. 2. The names and roles of each professional to be assigned to this project, including familiarity with projects of a similar nature. 3. The estimated amount of involvement expressed as a percentage of time, of each of the staff members. 4. Brief resumes of academic training and employment in the applicable fields. Team resumes shall be limited to twelve (12) pages. 5. Experience of identified staff members with differing regulatory agencies that may be associated with these services. 6. Availability location and workload of the proposed team contained on a maximum of one (1) page including: „ Current project work listing and remaining labor commitments o Historically, describe the typical number of projects handled by the Proposer's key project managers at any given time. o Projected workload of project management activities as defined in the scope of services. Description Response Provide an overview of the qualifications of a specific project team to Many of our team members have been working together for the past six years (July 2014), beginning with the be provided by the Design Build Team to perform the requested Progressive DB delivery of your MIEX system and then the Progressive DB delivery of the Aeration and services. Specify and present as a minimum, similar experience in Efficiency Improvements for your SCR WWTP. We understand the benefits of the Progressive DB process and design and construction of municipal pipeline and/or roadway projects. we will help you maximize those on your LS317 project. Further, several of our team members have been completing infrastructure projects for the City. Recently, these projects have included the Silverwood are collection system assessment and design, the analysis and design of isolation valves for your collection system, the assessment of hydraulics and expansion alternatives for your reclamation system, and relevant to this project, the assessment of bypass alternatives for LS317. The successful delivery of the City's Lift Station 317 project requires a diverse range of expertise. You know us we bring you a known and trusted team that understands how to help maximize the benefits of Progressive Design -Build (PDB), including collaborative design development, open book cost model development towards a guaranteed maximum price (GMP), owner quality control, appropriate risk allocation, and schedule reduction. While the collection system hydraulics is certainly the backbone of this project, our Team brings experts who can meet the challenges of the hydraulics and use our creative solutions to design -to -budget and design -to -schedule while balancing budgetary needs. We are committed to providing the City with technical excellence and a fiscally responsible project that will meet operational, reliability, and capacity needs for decades to come. Our team works solely on water and wastewater projects and our partnership brings you the best of both worlds —an expert engineer and contractor with that sole focus. This means the people who will build your facilities are experts in the water and wastewater design process; cost and schedule development; and construction issues. Our Team will maintain continuity throughout the project by carrying the same design engineers through the construction process, making sure that the design intent is being interpreted correctly and that any design questions or issues can be resolved quickly and efficiently. This approach pro -vides a team that is truly integrated throughout the course of the project. THE EMPHASIS IS ON TEAM The underlying key to success is an established partnership between the City and our Team, built on trust, teamwork, and open communication, which we will continue to practice as your design -builder. PROJECT TEAM SPOTLIGHT: We Know you Todd Palmatier, Project Manager I Liz Fujikawa, Project Director I Andrew Hogan, Construction QM I Angelica Gregory, Hydraulic Modeling I Ricardo Borromeo, Project Engineer I Scott Richards, Design Manager Identify the principal and management staff who would be assigned to 1. AN ORGANIZATIONAL CHART THAT CLEARLY DEFINES THE LINES OF AUTHORITY. the project. An Organizational Chart has been uploaded in Step 3 - Documents. PROJECT DIRECTORS – Mauricio Ramos, DBIA I Elizabeth Fujikawa, PE, BCEE, LEE AP PROJECT MANAGER – Todd Palmatier QUALITY AND SAFETY Mike Zappone, PE – Design QM I Andrew Hogan, Construction QM I Eric Winders, CSP – Health & Safety Manager DESIGN AND ENGINEERING DURING CONSTRUCTION Scott Richards, PE – Design Manager I Ricardo Borromeo, PE – Project Engineer I Ravi Ravisangar, PhD, PE – Technical Expert/Pump Stations I Angelica Gregory, PhD, PE \ Hydraulic Modeling I Chris Almeida – Site/Civil I Norm Anderson, PE – Electrical/I&C/SCADA I Joel Smason, PE – Structural PRE CONSTRUCTION AND CONSTRUCTION Mike Hernandez – Construction Manager I Nate Rine – Superintendent I Scott Richards, PE – Engineering Services I Thomas Skehan – Field Coordinator I Gerry Torres, DBIA \ Estimating Manager I Leonard Carlton – Estimator I Janel Bradford – Scheduling Manager I Andres Franosz, DBIA – Value Engineering SUPPORT SERVICES Michael Low – Operability & Permitting I James Stone – Surveying I Dana Musumeci – SCADA Programming I Sharon Merchant – Public Relations I Andrew Degroff – BIM Modeling 2. THE NAMES AND ROLES OF EACH PROFESSIONAL TO BE ASSIGNED TO THIS PROJECT, INCLUDING FAMILIARITY WITH PROJECTS OF A SIMILAR NATURE. The following table has been included in the Supplemental Information for ease of viewing. Bid Number: 013282121 Vendor Name: PC Cons ConnssMcopn 1T. EXPERIENCE Alternative Master I&C Odor Bypass Delivery Lift Station SCADA Control Pumping Key Team Member Mauricio Ramos X X X X X Elizabeth Fujikawa X X X X Todd Palmatier X X X X X Scott Richards X X X X X Ricardo Borromeo X X X Ravi Ravisangar X X X X X Angelica Gregory X X Mike Hernandez X X X X X Nate Rine X X X X X 3. THE ESTIMATED AMOUNT OF INVOLVEMENT EXPRESSED AS A PERCENTAGE OF TIME, OF EACH OF THE STAFF MEMBERS. We recognize the importance of committing our staff to projects while balancing their workloads. Our success with Boynton Beach as well our other clients is founded on maintaining high levels of satisfaction with our services, bringing innovative ideas, and meeting your schedule needs. The following table has been included in the Supplemental Information for ease of viewing Est. Involvement Phase 1 Phase 2 Key Team Member/Role Mauricio Ramos, Project Director 5 5 Elizabeth Fujikawa Project Director 5 5 Todd Palmatier, Project Manager 15 40 Scott Richards, Design Manager 45 30 Ricardo Borromeo, Project Engineer 40 40 Ravi Ravisangar, Technical Expert/Pump Stations 15 15 Angelica Gregory, Hydraulic Modeling 25 5 Mike Hernandez, Construction Manager 10 40 Nate Rine, Superintendent 5 8o 4. BRIEF RESUMES OF ACADEMIC TRAINING AND EMPLOYMENT IN THE APPLICABLE FIELDS. TEAM RESUMES SHALL BE LIMITED TO TWELVE (12) PAGES. Uploaded in Step 3 - Documents. 5. EXPERIENCE OF IDENTIFIED STAFF MEMBERS WITH DIFFERING REGULATORY AGENCIES THAT MAY BE ASSOCIATED WITH THESE SERVICES. EXPERIENCE WITH DIFFERING REGULATORY AGENCIES Summarized below is recent regulatory experience of our key staff members that are anticipated to he involved with this project. CITY OF BOYNTON BEACH BUILDING DEPARTMENT This permit will be critical to maintain your project on schedule, with potential building and structural modifications requiring permit/inspection. Thus our previous experience and existing relationships within the City's Building Department will be invaluable. The City's Ion Exchange project was the first significant Design -Build project permitted by the City's building department. Liz Fujikawa and Todd Palmatier worked with the Building Department to receive agreement for a phased approach to permits and inspections. This was critical to the schedule because it allowed the design, construction and inspection to proceed as typical for a Design -Build project. Staff experienced with permitting with this Agency: Todd Palmatier, Liz Fujikawa, and Joel Smason. SOUTH FLORIDA WATER MANAGEMENT DISTRICT/LAKE WORTH DRAINAGE DISTRICT We routinely apply for permits on behalf of our clients with both the SFWMD. Depending upon the level of site modifications, a permit may be required related to site stormwater. We have recently coordinated with both entities on local area projects and will expedite the process. Staff experienced with permitting with this Agency: Todd Palmatier, Liz Fujikawa, Scott Richards, and Angelica Gregory. FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION We routinely apply for permits on behalf of our clients with both the FDEP. Depending upon the level of site modifications, a permit may be required related to site stormwater. We have recently coordinated with both entities on local area projects and will expedite the process. Staff experienced with permitting with this Agency: Todd Palmatier, Liz Fujikawa, Scott Richards, and Angelica Gregory. FLORIDA DEPARTMENT OF TRANSPORTATION The project site fronts Boynton Beach Blvd (SR804). While there is no anticipated direct project impacts with the ROW, it may be possible that construction efforts will have temporary impacts (such as deliveries or use of a crane). If impacted, the team will coordinate with the Florida Department of Transportation for temporary MOT impacts. The Team has permitted several large utility projects within FDOT and is familiar with the process. Staff experienced with permitting with this Agency: Todd Palmatier and Scott Richards Bid Number: 013282121 Vendor Name: PCJ��Cons Ucopn 1r c. 6. AVAILABILITY LOCATION AND WORKLOAD OF THE PROPOSED TEAM CONTAINED ON A MAXIMUM OF ONE (1) PAGE INCLUDING: • CURRENT PROJECT WORK LISTING AND REMAINING LABOR COMMITMENTS HISTORICALLY, DESCRIBE THE TYPICAL NUMBER OF PROJECTS HANDLED BY THE PROPOSER'S KEY PROJECT MANAGERS AT ANY GIVEN TIME. • PROJECTED WORKLOAD OF PROJECT MANAGEMENT ACTIVITIES AS DEFINED IN THE SCOPE OF SERVICES. The following table has been included in the Supplemental Information for ease of viewing. CURRENT AVAILABILITY OF KEY STAFF AVAILABILITY TEAM MEMBER LOCATION 2021 2022 2023 Todd Palmatier, Project Manager Palm Beach County 20 40 60 Scott Richards, Design Manager Orlando 45 45 45 Mauricio Ramos, Project Director Tampa 40 40 40 Elizabeth Fujikawa, Project Director Boynton Beach 40 40 40 Ricardo Borromeo, Project Engineer Tampa 40 40 60 Ravi Ravisangar, Technical Expert/PS Miami 60 40 20 Angelica Gregory, Hydraulic Modeling Broward County 60 40 20 Mike Hernandez, Construction Manager Palm Beach County 20 40 60 Nate Rine, Superintendent Tampa 20 40 60 NUMBER OF PROJECTS HANDLED BY PROJECT MANAGERS As requested, our key project managers can be expected to handle approximately one to four projects at any given time, depending on their magnitude and the stage of each project. What is critical is that our project manager, Todd Palmatier, design manager, Scott Richards, and construction manager, Mike Hernandez, are all committed for this project to deliver it within your schedule and budget. We believe that PCL and Carollo have demonstrated our ability to balance projects needs to the City of Boynton Beach, and we pledge to continue that level of service to you on this project. The timing of the Lift Station 317 project coincides perfectly with the successful startup of the South Central Regional WWTP Blower Upgrades. This allows the PCL/Carollo Team to deliver the same management team with many of the same supporting individuals to continue to delivery service, confidence, and success to Boynton Beach. PROJECTED WORKLOAD OF PROJECT MANAGEMENT ACTIVITIES Historically, project management activities encompass approximately ten percent of a project manager's time. Typical tasks include: day-to-day communication with their client's counterpart, coordination of the project team to maintain scope, schedule and budget; monitoring for adherence to QA/QC, and safety requirements; checking for adequate staffing versus anticipated workflow, and scheduling and reporting on project progress meetings. IDENTIFICATION OF SUB -PROGRESSIVE DESIGN BUILD TEAM At this time. we are not Droiectina that anv sub -consultant will provide more than 5% of the work. Approach to the Scope of Work Approach, Demonstrated Skill Set, and Innovative Ideas that will be used to address the Scope of Work. Description Response" Bid Number: 013282121 Vendor Name: PCJ�Cons cope 1r c. Narrative of Project and Understanding of the Project Issues: Provide a narrative Project Understanding We know Your Facilities Well demonstrating the Proposer's understanding of the project goals, requirements, Our project understanding is grounded in an unmatched knowledge of the City's facilities through objectives, challenges, the project delivery method, and how the Proposer intends to 16 projects over the past seven years. We understand that Master Lift Station 317 (13317) is ensure that the scope, budget and schedule will be met. integral to the City's collection system and operates as part of a series of pump stations on Congress Avenue. The station receives gravity flow from the local service area as well as pumped feed from Master Lift Station 319. Effluent is then pumped to South Central Regional where PCL and Carollo recently completed the blower upgrades. Cost Effectiveness of Proposed Solutions: Provide a description of the Proposer's approach to cost estimating during the various phases of the design (i.e. conceptual, schematic, final and construction documents). Indicate the methodology and estimating system used in preparation of estimates. Address how the Proposer will prepare, submit, reconcile and obtain approval of the Guaranteed Maximum Price notice. Discuss the cost effectiveness of the proposed solutions, taking into account expected life of the equipment, capital costs and operating and maintenance costs over the life of the equipment. Bid Number: 013282121 PROJECT CHALLENGES Our team has devoted time analyzing the project and we have highlighted some of the key areas we anticipate working through with you to rehabilitate a station that was constructed in the late 1970's and was subsequently upgraded in early 2000. These key challenges are: -Existing station performance and efficiency is impacted by excessive rags and frequent pump clogging. The original station was designed with a screening channel, and the screen was subsequently removed. Currently, the station receives a substantial amount of rags that clog pumps and result in service disruptions and need for frequent cleaning. -Existing station capacity is inadequate to meet current maximum day flows. Right sizing of LS 317 for the correct capacity to meet current and anticipated future flows is critical. The City anticipates that future development from the mall area and potentially, Lake Clarke Shores, will increase the flow to the pump station. -Existing odor control system is antiquated and odor from the station has impacted local businesses. -All infrastructure of this station, electrical system, pumps, emergency backup pumping system, valves, piping, are aged and beyond their useful life, posing significant challenges to reliable operation. PROJECT GOALS AND OBJECTIVES Our Team understands that the following goals must be met: 1. Provide for reliable and efficient operation — meeting capacity needs, operational flexibility, emergency backup pumping, minimizing unintended disruption to other stations. 2. Provide for ease of maintenance — safe access, minimize maintenance needs, and ease of maintenance . 3. Be considerate of adjacent businesses and the neighborhood — efficient odor control system, noise reduction and mitigation, visually pleasing to neighborhood. 4. Avoid disruption --maintain operation at all times during construction . COST EFFECTIVENESS, ESTIMATING, AND GMP DEVELOPMENT We will share progressive cost estimates with you every step along the way for a "no surprises" GMP. This process, shown in the graphic on the following page, is highly interactive and will allow the City to be involved at every step, to make informed decisions as well as avoid surprises at the GMP stage. This approach was previously used on the South Central Regional WWTP Blower Upgrade project to collaboratively arrive at a GMP. We utilize our proprietary BEST Estimating systems. These proven systems give our estimating team access to a vast historical performance database, as well as the current up-to-date market condition costs and pricing. In addition, we will supplement our data base with local data that we have obtained from the City's Ion Exchange and the South Central Regional WWTP Blower Upgrade project. The main features of our cost modeling approach are: -Comprehensive open -book milestone estimates at Conceptual Design, Schematic Design and GMP with collaborative review workshops with you. -Interim pricing shared on a Design Trend Log — which catalogs and quantifies cost and schedule impacts of progressive design component changes or alternatives. -Risk-based contingency. The project Risk Register, which will be jointly developed and reviewed monthly, will help us identify uncertainties and their cost and time impact. As design progresses, we will replace unknown/contingency line items with hard estimates and vendor quotes. We understand the local subcontracting community and therefore, we have the expertise to divide the work into subcontract bid packages that maximize the cost effectiveness of the project. As an example, our Team is well aware that there is a limited number of electrical subcontractors who have capacity due to the local market, pricing has subsequently become extremely volatile and as a result, budgets need to accommodate this potential issue. Therefore, we are constantly searching for alternative subcontractors. CASE STUDY: MANAGING RISK IN REAL TIME—CONCRETE REPAIR FOR THE SOUTH CENTRAL REGIONAL WWTP As part of the South Central Regional WWTP Blower Upgrade project, the PCL/Carollo team successfully addressed the unknown condition of the concrete that had most likely deteriorated due to being exposed to hydrogen sulfide gas. At the time, the GMP was developed, the basins could not be drained to identify or quantify the conditions. As a result, the end goal was to create a process to clean the concrete, conduct a structural assessment, achieve consensus on repair approach and cost with the SCR staff, and repair the concrete as quickly as possible to avoid delays to the overall construction schedule. In anticipation of the repair work, the structural engineer identified three classes of repairs: Type I, Type II and Type III (Type III requiring the more in-depth repair). Each of these classes had a pre - negotiated agreed upon unit price. The basins were drained, pressure washed, and the conditions documented by mapping to allow a quick consultation with the structural engineer and ultimately the SCR staff. The assessment and repair work in each basin was successfully completed in approximately 26 working days. We understand that capital outlay is only one aspect of success. Life -cycle cost, quality, and operability goals must be aligned. At each of the estimate milestones described above, our estimators will work with designers and suppliers to assess equipment and O&M costs so that the City can remain informed about the long-term return on investment of the project. Our approach throughout the project will be to integrate this dual flow and other innovations to protect the City and reduce costs throughout the project. At the heart of a successful PDB project is Phase 1, the work required to reach an approved GMP. The partnership between the City and the PCUCarollo Team will ideally maximize the development of cost-effective and operable alternatives to best solve the City's challenges. We have recently gone through the Phase 1 process at the South Central Regional WWTP Blower Upgrade project, where the Team was able to make use of an unused 2 feet of sidewater depth in the aeration basin, contributing to a capacity increase from 24 to 30-mgd and energy savings of 6 percent by the enhanced oxygen transfer efficiency. Vendor Name: PCC�onnst gcopn 1T. Explain how Proposer intends to meet the budgetary goals and timetables using the CONFLICT RESOLUTION Design and Performance Criteria herein to include the following: Differing opinions are inevitable, and when handled proactively, these differences strengthen 1. Implementation of conflict resolution methods. project solutions and deepen relationships. Good conflict management provides all team stakeholders a way to address issues without merely hoping their idea wins. We have an established process to resolve issues. First, we establish common goals with the full project team at kickoff. As part of this process we will jointly define a resolution ladder that identifies names at each progressive management level from field to boardroom. It also defines within how many hours/days a conflict must be resolved before it is moved up to the next level. Having this clearly defined at the outset, allows the entire team to keep progressing the job and not getting bogged down with these issues. Of course, underpinning all of this is respectful, frequent and open communications so we can head off issues before they even begin. 2. Description of schedule controls. DESCRIPTION OF SCHEDULE CONTROLS The foundation of our control is having a common work breakdown structure across estimating and scheduling. This allows us to keep cost and time synchronized for maximum control. Being a premier self -performing contractor, we use the latest applications available within Primavera P6 to produce, update, and audit our Critical Path Method (CPM) schedules. We push the CPM schedule main activities down to create a 3 -week look ahead schedule that we review with you at our weekly construction meetings. We involve the project management, field production staff, and major sub -trade partners. This strengthens project cohesiveness, internal communication, and project milestone ownership. The schedule is updated weekly and schedule variance thresholds (typically three days) are established for compliance monitoring. The project manager and project scheduler will meet on a monthly basis with the City to review the schedule, including an assessment of float, and critical path. 3. Description of change order controls. DESCRIPTION OF CHANGE ORDER CONTROLS The project team manager will work with the estimators and designers to provide continual cost trending feedback needed by the design team. Once the original project scope is clarified, any change results in an impact to the original budget (and schedule). Effectively managing change is critical to the success of a PDB project. At each design milestone meeting, the estimating team produces a trend (variance) report based on the stage of design developments in the intervening period between review meetings. This trend analysis is used by the designers to adjust design concepts or details to reduce cost overages, or capitalize on cost under -runs, in order to produce a project design that meets budget expectations. 4. Description of change order controls. DESCRIPTION OF PERMITTING APPROACH Permitting will be one of the riskiest components to implementing this project successfully. Our past projects allow us to be intimately familiar with the requirements for the numerous permits required for this project. As an example, the City's Ion Exchange project has already given us the experience of working with the Building Department to receive approval for a phased approach to permitting. The Ion Exchange project was the first PDB project to be permitted by the City. We worked with the department to explain the sequencing of design, and how that could most effectively allow the staged construction to proceed, along with staged permits. We are also well experienced with the "Dry Run" process, where we believe it is most effective to meet with permitting agencies as soon as possible to explain the project, overview critical components that might be objectionable, and reach an early verbal approval to avoid surprises once formal permit submittals are made. Understanding of the construction contingency to include: 1) who should be in control, UNDERSTANDING OF CONSTRUCTION CONTINGENCY 2) the main purpose, and 3) who approves its utilization We anticipate that there will be two contingency "buckets': the Owner's Contingency and the Design Builder's Contingency, the Owner's contingency is separate from the GMP and will be controlled entirely by the City. The Design -Builder's Contingency would be used to cover unanticipated costs that may include items such as subcontractor/supplier cost gaps in supply, rework, overtime or material escalation. As we have described, we will establish the contingency amount in collaboration with you via the Risk Management process in an open -book and transparent manner. Similarly, we would access and expend funds from the DB Contingency in a similar open -book manner, discussed at weekly or monthly meetings and clearly indicated in the monthly invoices. Provide examples of how your firm ensures that the project stays within budget EXAMPLE OF BUDGET CONTROLS AND ACCURATE ESTIMATING during each phase of construction and what assurances are given that the estimate A successful example of good cost control can be the blowers for SCR, which was accomplished may be accurate or reliable. by making sure the specification was very clear and how it compared to the supplier's scope and price breakdown. Once the estimators received the pricing from the manufactures, the design team reviewed it to ensure everything that was required in the specification was covered. This required multiple meetings, phone calls, and follow up emails, but in the end the price we included in our Max GMP, was within our budget. By making sure the specifications and the supplier scopes are clear and well defined, cost control is much easier to manage. Project Management Reporting: Provide an explanation of how the firm PROJECT MANAGEMENT REPORTING proposes to manage and report each aspect of the Project to realize budgetary Our approach is to be agile and to take full advantage of the PDB approach and to provide goals, timetables and quality control objectives. continuous communication through: A DESIGN -BUILD PROJECT MANAGEMENT PLAN One of our initial deliverables will be the Project Management Plan, including risk management, project goals, detailed scope, the project schedule, quality control procedures, and change management procedures. COMPREHENSIVE MONTHLY UPDATES We will provide a Monthly Progress Report, to include Schedule, Risk Register, Design Trend Log, Change Order Log, Quality/Non-Compliance report and other elements as appropriate to the project phase. QUALITY MANAGEMENT REPORTS Quality Management reporting are developed throughout the project development phases with Specific Project Checks at key milestones. Projects receive technical, constructability, and operability reviews at the Concept, Schematic, GMP and Final Design milestones with full reports providing feedback to you and the Team. We also conduct Independent Final Checks comprising outside experts who have not been involved in the final deliverable of the project providing an internal review. The deliverable is "red -lined" using established checking procedures including an inter -discipline review. We have also developed a number of design aid manuals that are maintained both as hard copies and on the Internet. These documents are regularly used on our projects to provide a consistent approach to quality management. As the project moves into construction, an initial Construction Quality Plan will lay out all requirements for check, testing, correction and project reports. These will be followed by our Superintendent, with independent audits being conducted by our Quality Managers. Bid Number: 013282121 Vendor Name: PCJ��Cons dcopn 1T. Submit a comprehensive Project Management Reporting system to include but not COMPREHENSIVE PROJECT MANAGEMENT REPORTING SYSTEM limited to narrative reporting, schedule controls, cost controls and estimating, project Immediately after Notice to Proceed, the Project Team will meet with the City as part of the accounting, accounting and payment and action controls. Kickoff Meeting to discuss a myriad of topics, including technical and project management issues. Typical topics at this Kickoff Meeting include: the process and design intent and issues, GMP development process, risk management and contingency establishment, project controls and allocation. In addition, a key topic of discussion would be an explanation of the internal project controls to ensure scope, budget, schedule, and QA/QC compliance, as well as the proposed means to externally report these issues to the City as part of the periodic progress reporting effort. All of these topics are essential components to successfully manage the project budget and understanding the City's reporting requirements. In turn, these specific desires of the City will help us refine our proposed reporting mechanisms. Once our baseline planning documents are established, we anticipate reporting to the City on a weekly and monthly basis via both meeting minutes and formal progress reports encompassing a variety of scope, schedule, quality, safety and cost logs and narratives as described above. Creativity and Innovation in Project Approach and Solution Selection Options Discuss how the Proposer intends to use innovative approaches and/or best practices to achieve results considering safety, quality, cost and time as they relate to any and all aspects of design, equipment, materials, pre -construction services, and construction. Bid Number: 013282121 INNOVATION INNOVATION...INNOVATION INNOVATIVE APPROACHES AND BEST PRACTICES TO ACHIEVE RESULTS Some Preliminary Thoughts from the PCL/Carollo Team: We understand that there are some critical needs that must he addressed by this project. We will use innovative approaches to design, equipment selection, material selection, and maximize the benefits of the Progressive Design Build approach. CHALLENGE #1 — Existing station performance and efficiency is impacted by excessive rags and frequent pump clogging. Modern day collection systems are inundated with wipes, Swiffer sheets, diapers, shop rags, etc., all thought to be flushable for disposal. As a result, they pose extreme challenges to wastewater collection and treatment systems. Lift station wetwells were originally designed to screen out larger solids and not deal with stringy material. Those lift station typically had pumps with impellers designed for "passing' 3 -inch diameter solids and didn't consider "modern day solids' from the collection systems. These pump designs are challenged when trying to handle solids such as wipes and non -woven materials. Common mechanisms of pump clogging are: and stringy material getting attached to impeller vane edges. at plugging suction inlet piping and volutes. Potential Solutions There are several potential solutions to handling collection system solids that include the following -Improved pump Impeller Design. Installing newer impeller designs such Flygt's self-cleaning N Technology, ABS' CB design, etc. can greatly reduce the potential clogging at the pump impeller -Reverse Pump with Drives. Using drives for de -ragging, such as those by Danfoss or by Xylem -Chopper pumps. Flygt N impellers can be replaced with chopper impeller if N impellers could not prevent clogging. The downside is loss of efficiency with chopper pumps. -Pre-screening. Placing screening or grinders in front of pumps remove or reduce the impact of solids. These are viable options that can chop flow prior to the wetwell and reduce maintenance. However, additional equipment maintenance and energy usage often results. The Team's proposed approach includes: -Identifying contributing points (hotels, septic receiving stations, etc.) whether from upstream pump stations (majority of flow) or from gravity flows. Address the source of such solids, if practical. -Provide impeller designs that manage rags more efficiently. -Consider using drives that have de -ragging features. -Consider installing alternate pump types, such as chopper pumps. -Consider installing upstream screening and grinders. CHALLENGE #2 — Existing station capacity is inadequate to meet current maximum day flows. The capacity of LS 317 needs evaluation to address: -Capacity (existing and future) -Staging of pumps (on/off elevations and frequency) The approach to size LS 317 for the right capacity to meet current and anticipated future flows include: -Characterize contributing flows -Determine increased flows from new developments in the mall area and expanding service areas such as Lake Clarke Shores -Evaluate wetwell for potential modifications to create additional usable depth. -Consider appropriate collection system diurnal peaking factors based on most recent system data (whether it is at current value of 2 or increased further, say 4 ) The Team will provide a reliable station that meets long term performance needs, by: -Identify source of rags and address at source, if practical. Incorporate grit control and self- cleaning design. -Building a station that is designed to eliminate excessive rags and frequent pump clogging by choosing the right impeller design, providing drives with de -ragging features, etc. -Designing a station that is reliable and efficient to operate. The station must meet near term and long-term capacity needs, provide operational flexibility, minimize unintended disruption to other stations, and provide emergency backup pumping or backup power to avoid potential overflows. Vendor Name: PC Cons Conns ucopn 1T_. Providing a design that is friendly to operators and maintenance personnel. A maintenance riendly station will provide safe access while minimizing maintenance needs. Designing and constructing a lift station that is attractive to neighbors and businesses, and that xovides efficient odor control and noise reduction and mitigation, while being visually pleasing. The lift station must be designed to minimize disruption to operation during construction. CHALLENGE #3 — Managing Odors We understand that the existing odor control system unit, a US Filter Zabocs biological odor control system, is old and is not meeting the City's needs. Odor is a large issue to neighboring businesses and the community. The Team will evaluate available odor control technologies that include: -Air ventilation collection and Containment methods -Chemical scrubbers -Biological (Biofilter and Biotrickling filters) -Carbon scrubbers -In addition, station configurations that are catered towards minimizing odor issues, such as the use of inline pumping, will be considered. CHALLENGE #4 — Cost Effectively Manage Bypass Pumping icing durations needed for bypassing of existing bypassing pumping needed for construction as permanent rime pumping system for the station. of electrical Vs. diesel pumps. gate worst case high flows to determine pump and pipe sizes. de redundancy in case of pump or power failure. e existing connections if possible, for bypassing. The PCL Carollo team will evaluate alternatives for optimizing our approach to MOPO's during the Lift Station 317 planning. We will take a creative approach to minimize project cost. For example, our recent Pinellas County Dunn WRF Filtration design -build we were tasked with maintaining complete influent and effluent channel flows while isolating one process train at a time. PCL designed a flow thru isolation system, accounting for the full hydraulic range, that met our challenge. Most importantly this ingenuitive system eliminated the need for a risky and costly bypass pumping system. By leveraging our diverse experience with critical MOPO's, PCL will save Boynton Beach money and help mitigate project risks. CHALLENGE 45 — Optimize Cost Savings and Operational Needs Option 1 — Rehabilitate the existing station and maintain existing pump configuration. -This option requires significant bypass pumping to rehabilitate the wetwell, etc. It would require installing master manhole, etc. for bypass pumping. Any bypass pumps purchased for this purpose could be reconfigured as part of the lift station backup pumping system, which can provide cost savings. -Using the existing structures would not allow all of the challenges faced by the maintenance personnel to be eliminated. -The pump configuration is limited to the existing configuration. Option 2 — Design and construct a new station to handle all flows with a similar wetwell/dry well configuration. -This option is expensive, but all new pump station that can be customized for the City's needs. -This option provides for minimal disruption, including the need for bypass pumping during construction. -This option allows for considering innovative wetwell designs, such as self-cleaning wetwell for operator friendly wetwell maintenance. Example of a self-cleaning wetwell design with submersible pumps. Option 3 — A hybrid option that separates incoming flows and provides separate stations for flows from force mains and gravity flows. Station Options for Flows from Force Mains: -A new inline booster station at ground level eliminates the need for odor control, provides safe access, and eliminates wetwell maintenance for the majority of flows. -A new ground level wetpit/drypit station with a self-cleaning wetwell provides ease of maintenance and much simpler access. Station options for Gravity Flows: -A new smaller submersible type station provides better odor control for small flows Bid Number: 013282121 Vendor Name: PCJ��Cons Vopn 1r c. Discuss how the Proposer will utilize best practice techniques such as value HOW WILL WE USE VALUE ENGINEERING, CONSTRUCTION, AND OPERABILITY engineering and constructability reviews, and provide evidence of previous experience REVIEWS... BEGIN WITH THE END IN MIND with any of the methodologies presented. Earlier we discussed providing innovation and some of our key approaches to design in measures that yield the best possible project results. Those are just some of the ways we have identified at this stage. A basic progressive design-build concept is that incorporating a broad spectrum of experience results in a more robust solution. We incorporate expert design, constructability, and operability reviews of the design concepts at critical milestones, and ensure the design trends toward the City's budget, time, safety, and quality goals. Value engineering (VE) has the most impact early in the design when concepts are being developed. We monitor project cost, so that we trend the design to budget. As needed, we convene VE and constructability sessions to identify and test alternative approaches that offer cost and performance advantages as was exemplified on your SCR WWTP project. WHERE WE'VE DONE IT: SCR WWTP Project Recently, on the SCR WWTP project, the VE process was used to add flow control and to increase sidewater depth using effluent weirs in the aeration basins. The sidewater depth increase provided six percent more oxygen transfer efficiency, resulting in energy savings. PCL was tasked to add the weir at no additional cost as the original approach was deemed too expensive. The team used an innovative inboard FRP weir that provided the same functional result. - Inboard weirs provide flow splitting and increased the sidewater depth to reduce energy costs Discuss in detail, the development of a mitigation strategy covering major events that MITIGATING MAJOR EVENTS THESE EVENTS ARE INEVITABLE, BUT MITIGATION PLANNING might impact the Project such as severe weather or protracted loss of treatment CAN REDUCE THE SEVERITY capacity caused by work within the Project. Risk management processes start at the beginning of the project. The team Identifies known risks and brainstorms to find potential risks. Once these risks are identified, we rank the severity of each risk. Those that are "showstoppers" or major events that would cause a complete project stoppage or potentially impact existing operations, are ranked the most critical and given the most attention during the planning stages. As an example, we develop an emergency plan to outline how the construction phases are hardened against a severe weather event. We follow prescribed steps to monitor potential weather events as well as take steps to tie down and cover up work. Our personnel are removed from the project site to safe zones in advance of severe weather events. As always, key personnel are on-call in case our attention is needed due to severe weather impacts. Severe weather impacts are incorporated in the schedules and we are prepared to re-forecast schedule and move into weekends and/or holiday work (with additional crews), should an unavoidable delay to construction occur. Provide a schedule which details the Proposer's proposed activities and how the SCHEDULE: graphical schedule is presented in the Supplemental Information. Proposer intends to meet the required in-service date. PHASE 1: We anticipate that the Phase 1 GMP will take approximately 4 months from Notice to Proceed and will include a series of workshops and meetings with the City to create opportunity for input and reaction, maximizing the benefits of the Progressive Design Build process. During this phase key equipment will be identified and if required, early packages will be developed to ensure delivery of the equipment to ensure project delivery. Another key focus will be to walk our permits through with the AHJ's to conform their review time. It is essential to understand their concerns and to have our permits complete within those expectations to avoid timely revisions and subsequent reviews. PHASE 2: Phase 2 will culminate with an in-service completion for the new LS317 of 23 months. During Phase I we anticipate sitting with your O&M team to agree on the timing and duration of the MOPO. Other key factors will include any City moratoriums on work periods, holidays, or other factors that could affect the project schedule. Again, these will be a focus during Phase 1 but build into our Phase 2 schedule. Provide a strategy the Proposer will employ for subcontracting work to include how STRATEGY FOR SUBCONTRACTING AND SUPPLIER ENGAGEMENT local contractors will be utilized. Address the Proposer's approach to implementation 1. Local Subcontractor Utilization: We will draw from our existing list of qualified subcontractors of Quality Control/Quality Assurance plan for both self- performing and subcontracted from our City, SCR WWTP, and Miami projects. This list is up to date and we have a pool of work. subcontractors who we know perform quality work. 2. Pre-qualification of Additional Subcontractors: We have a subcontractor pre-qualification selection plan that is based on the subcontractor's experience, bonding and insurance capabilities, financial health, safety history, quality performance, and references. This process ensures that only the most qualified subcontractors perform work on our projects. Another aspect of this procedure is that we pre-qualify a minimum of three subcontractors for each of the subcontract bid packages. 3. Trade Package Bidding: The team begins comprehensive trade package bidding during the early part of the design phase. Because bidding at an early design stage is complex, our Project Manager manages this process throughout the preconstruction phase. We include as much detail as possible into descriptions and scope of work definitions to provide a clear and concise understanding of what we are requesting of trade contractors. Identifying all work, labor, equipment, materials, and services needed to construct the project in accordance with the design documents is the cornerstone of a sound bid package, and our team has the templates and experience to simplify this process. Key components of the bid packages include: -Subcontractor pre-qualification -Instructions to bidders -Pre-bid conference -Bid proposal forms -Terms and conditions -Construction schedule -Scope definition -Specification sections -Detailed drawing list -Joint bid opening with the City -Pre-award meeting Describe project communication tools to ensure streamlined information to the PROJECT COMMUNICATION TOOLS Construction Team (Selected PROGRESSIVE DESIGN BUILD TEAM and CITY). After a year of working through the COVID pandemic, our teams are used to communicating through a variety of platforms, including project websites, ProjectWise (data storage), and Microsoft Outlook (schedules, emails, Teams). We will also use the City's E-builder. As described in prior sections, close communication is the foundation of collaboration. Bid Number: 013282121 Vendor Name: PCJ�C�onns }�Cttiipn 1�I Describe the plan for public relations and conflict resolution with the community PUBLIC RELATIONS PLAN AND CONFLICT RESOLUTION during construction. We know your customers are focused with safety, property values and minimized nuisance and sometimes that results in the need for conflict resolution. Therefore, we have selected The Merchant Strategy (TMS), who has successfully demonstrated their skill in balancing these concerns during prior City projects. Successful public engagement starts with effective communication using public meetings, telephone, email, flyers, and media to inform stakeholders. TMS can orchestrate communication and public involvement plans that allow for meaningful two- way communication with all parties to build trust, understanding, and consensus between the impacted stakeholders and the project team, allowing the public to hear and be heard and contributing to the decision-making process. The TMS has used a variety of tools to alleviate public concerns: -Create a project website or project page that provides more in-depth information, commonly asked questions, project photographs, an upcoming meeting schedule, a hotline, and an email address for any other questions. Once approved, a project letter, flyer, newsletter, or door hanger outlines the purpose of the project and all benefits. -Public meetings (kickoff meetings, information meetings, and workshops). -Social media updates via Facebook and Twitter to keep all stakeholders up to date on project progress and milestones. Confirmation of Minority Owned Business A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form to make it an official part of with your RFQ responses Description Response* Comments Is your company a Minority Owned business? No 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 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 Bid Number: 013282121 Vendor Name: PCJ��Cons cope 1T. 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? * • Yes r Yes r Yes • No r No r No Bid Number: 013282121 Vendor Name: PCJ��Cons cope 1T. References Provide three (3) governmental agencies references similar to design/build or construction manager at -risk contracts for which the Proposer has completed or are in progress within the past three (3) years with the following information: 1) Name of Agency, 2) Name of Project, 3) Address and 4) Contact Name, Email Address and Telephone Number. The City is interested in learning of other experiences with your firm, as such; please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3) times. New Column Reference 1 - In Progess or Completed Project Reference 2 - In Progress or Completed Project Reference 3 - In Progress or Completed Project Name of Agency: City of St. Petersburg Tampa Bay Water Manatee County Utilities Agency Contact: Mr. Mark Laney Mr. Justin Fox Mr. Chris Collins Construction Inspection Supervisor Engineering Manager Wastewater Plant Superintendent Contact Telephone Number: 727.893.7671 813.929.4565 941.792.8811 Email Address: mark.laney@stpete.org jfox@tampabaywater.org chris.coilins@mymanatee.org Name of Project: Northwest WRF Wet Weather Capacity Hillsborough County Supply Expansion: Southeast Water Reclamation Facility Improvements Injection Wells Improvements Booster Pump Station — Brandon Booster Cloth Media Automatic Backwash Filters PDB Package 1 & 2 CMAR Station CMAR Project Description: PCL constructed upgrades to improve the PCL is providing CMAR services, including The project includes the replacement of two filtration treatment capacity and provide constructability review of design documents, for automatic backwash filters with new cloth additional effluent disposal capacity during the a new booster pump station to provide an media filters at the Southeast Water wet weather season at the 20 MGD Northwest additional 5-7 MGD of capacity to the existing Reclamation Facility. Also included is the Water Reclamation Facility. transmission line. PCL will install approximately rehabilitation of the dewatering slab (grit dump five 250 -HP horizontal split case pumps and area) and ancillary drainage. associated electrical, valves, and piping and replace a vertical turbine pump with a well and a new pressure -release valve. Project Address/Location: St. Petersburg, Florida Brandon, Florida Bradenton, Florida Project Start Date: 4/6/2017 111112021 2/3/2021 Project Completion Date: 2/21/2020 9/1/2021 (anticipated) 2/3/2022 (anticipated) Project Cost $14,325,335 $334,556 (preconstruction contract) $1,040,816 Engineer's OPCC $10,800,000 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 -Consultants The Proposer proposes the following subcontractors or subconsultants for the major areas of work for the Project. The Proposer is further notified that all subcontractors/subconsultants 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 subcontractors/subconsultants, if required. Owner reserves the right to reject any subcontractors/subconsultants 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 subcontractors/subconsultants in order to make a determination as to the foregoing. 7, By clicking here I confirm that there are no Subcontractor(s) and the Bidder shall perform the project with their "OWN FORCES". Name Address Scope of work license No Percentage (%) 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 Bid Number: 013282121 Vendor Name: PCJ�Cons t�Cttiipn 1 c. • Proposer's Qualification Statement -Proposers Qualification Statement. pdf- Thursday April 29, 2021 17:16:27 • Anti -Kickback Affidavit - Anti -Kickback Affidavit.pdf - Thursday April 29, 2021 17:16:45 • Non -Collusion Affidavit of Proposer - Non -Collusion Affidavit.pdf - Thursday April 29, 2021 17:16:58 • Minority Owned Business Certification (optional) • Current Florida Professional License, including evidence of possession of required licenses or business permits - Current Professional Licenses.pdf - Thursday April 29, 2021 17:17:37 • Certification Pursuant to Florida Statute § 287.135 - Certificate Pursuant to Florida Statute 287.135.pdf - Thursday April 29, 2021 17:17:51 • E -Verify Form Pursuant to Florida Statute § 448.095 - E -Verify Form Pursuit to Florida Statute 448.095.pdf - Thursday April 29, 2021 17:18:04 • An Organizational Chart - Defining the Lines of Authority - Organizational Chart.pdf - Thursday April 29, 2021 17:18:19 • Resumes - Project Team / Progressive Design Build Team - Resumes.pdf - Thursday April 29, 2021 17:18:29 • Supplemental Information - Supplemental Information.pdf - Friday April 30, 2021 12:10:21 Bid Number: 013282121 Vendor Name: PCJ��Cons mcopn 1r c. Addenda & Acknowledgements The Consultant is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Consultant Agreement, and in furtherance thereof may demand and obtain records and testimony from the Consultant and its sub -consultants and lower tier sub -consultants. The Consultant understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Consultant or its subconsultants or lower tier sub -consultants to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination Confirmation of Drug Free Workplace Preference shall be given to businesses with drug-free workplace programs. Whenever two or more submittals which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a submittal received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie submittals will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. Give each employee engaged in providing the commodities or contractual services that are under submittal a copy of the statement specified in subsection (1). In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under submittal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or- plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements Fv I/We have the authority to bind the Company and submit this Bid on behalf of the Bidder. - Mauricio Ramos, Area Manager/Authorized Signatory, PCL Construction, 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 c No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document Please check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have reviewed the File Name below addendum and Pages attachments (if applicable) Addendum No 3 - Lift Station 317 Major Upgrade PDB Thu April 22 2021 02:30 PM Addendum No 2 - Lift Station 317 Major Upgrade PDB Fri April 9 2021 03:32 PM Addendum No 1 - Lift Station 317 Major Upgrade PDB Wed April 7 2021 11:31 AM Bid Number: 013282121 Vendor Name: PCJ��Cons dcopn 1T. Bid Number: 013282121 Vendor Name: PC Cons Conss coWrc. Bid Number: 013282121 Vendor Name: PC Cons ConssgcoWrc. THE DEADLINE FOR QUESTIONS CONCERNING THIS RFQ IS: April 2, 2021 (a) 2:30 P.M. LIFT STATION 317 MAJOR UPGRADE PROGRESSIVE DESIGN BUILD RFQ No.: 013-2821-21/TP TABLE OF CONTENTS Tableof Contents............................................................................................................................... Scope of Services Information...........................................................................................................1 — 2 Section1 — Definitions....................................................................................................3 Section 2 — Scope of Services and Project Information..........................................................4 - 6 Section 3 - Instructions to Proposers..................................................................................7-14 Section 4 — Proposal Submission Requirements..................................................................15-18 Section 5 — Evaluation of Proposals...................................................................................19-20 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online Proposer's Qualifications Statement.................................................................................................. 21 -26 Anti -Kickback Affidavit........................................................................................................................ 27 NonCollusion Affidavit.......................................................................................................................28 Certification Pursuant to Florida STATUTE § 287.135...................................................................... 29-30 E -Verify Form Pursuant to Florida STATUTE § 448.095.........................................................31 -32 Draft Contract / Agreement PerformanceBond....................................................................................................PFB-1-PFB-3 PaymentBond.........................................................................................................PYB-1-PYB-3 Warrantyof Title.......................................................................................................WT-1 Insurance Advisory........................................................................................... APPENDICES: Appendix "A"- Drawings / Plans — Construction Drawings CH2MHIII — May 2004 — Site Improvements for Pump Station 317 Russel & Axon — Record Drawing - November 1976 RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build TOC The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P. O. Box 310 Boynton Beach, Florida 33425-0310 Teleohone: (561) 742-6323 REQUEST FOR QUALIFICATION FOR LIFT STATION 317 MAJOR UPGRADE PROGRESSIVE DESIGN BUILD RFQ No.: 013-2821-21/TP Electronic Requests for Qualifications (RFQ's) shall be received by the bidding system up until: April 13, 2021; No Later Than 2:30 P.M. (Local Time). All RFQ's received will be publicly opened and acknowledge of receipt. RFQ's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that sufficient time to complete to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION. ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: The City of Boynton Beach is seeking the services of a qualified PROGRESSIVE DESIGN BUILD TEAM to assist with the upgrade of the existing LIFT STATION 317 to resolve ongoing operational issues and provide for reliable long term operation of the station. Issues that should be considered are in part. • Handling of the persistent rag problem • Update of the electrical systems • Standby pumping operations • Correct sizing of the pumps to meet current and future demands • Air quality at the station and surrounding area • Overall building and wet well conditions • Instrumentation and Control The selected PROGRESSIVE DESIGN BUILD TEAM will work hand and hand with the Utility to manage design, permit, construct and implement the project. RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build A MANDATORY Pre -Proposal Conference and Site Visit will be held March 19, 2021, at 9:30 A.M. Location will to be at the 124 E. Woolbright Road, Boynton Beach, Florida 33435. Attendance is mandatory and proof of attendance will be evidence by the proposer's signature or signature of Proposer's designee on the attendance sheet provided. The purpose of this meeting is to provide a forum for all concerned parties to discuss the proposed project, answer questions on the solicitation document, review the projected schedule, provide instructions for submitting qualifications, and discuss other relevant issues. In the event that any discussions or questions at the pre -proposal meeting require, in the City's opinion, official additions, deletions or clarifications of the solicitation, or any other document, the City will issue an addendum to this Request for Qualifications, as the City determines is appropriate. No oral representations or discussions taking place at the pre -proposal meeting will be binding or may be relied upon by any person or entity. All questions prior to the pre -proposal meeting should be submitted to the purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific solicitation. 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 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 RFQ are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build LIFT STATION 317 MAJOR UPGRADE PROGRESSIVE DESIGN BUILD RFQ No.: 013-2821-21/TP SECTION 1 — DEFINITIONS Whenever the following terms appear in the Proposal, the intent and meaning shall be interpreted as follows: 1.1 City or Owner: The City of Boynton Beach, Florida 1.2 Contract/Purchase Order: The written agreement entered into between the City and the awarded Proposer. 1.3 Evaluation/Selection Committee: City Staff and /or outside Consultant assigned to evaluate the submitted proposals. 1.4 Procurement Services: The Procurement Services Section of the Department of Finance of the City of Boynton Beach. 1.5 Proposer: Any individual, firm or corporation submitting a response for this project, acting directly or through a duly authorized representative. 1.6 "PROGRESSIVE DESIGN/BUILD TEAM", "Provider", "Bidder", "Contractor", "Successful Proposer" or Firm: The Proposer(s) awarded as a result of this Request for Qualifications (RFQ). Said terms may be used interchangeably while retaining the same meaning. 1.7 Qualifications/Proposal, Proposals, Responses or Submissions: Shall refer to any Offer(s) submitted in response to this Request for Qualifications (RFQ). 1.8 RFQ: Request for Qualifications 1.9 Sub -Contractor / Sub -Design Build Team: Any person, firm, entity, or organization, other than the employees of the successful Proposer, who contract with the Successful Proposer to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the Successful Proposer. RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build LIFT STATION 317 MAJOR UPGRADE PROGRESSIVE DESIGN BUILD RFQ No.: 013-2821-21/TP SECTION 2 — SCOPE OF SERVICES AND PROJECT INFORMATION 2.1 BACKGROUND: This project is to perform a comprehensive upgrade of Lift Station 317. This is the only 4 pump station in the system and receives both gravity feed and re -pumps material from both Master Lift Station 319 and several other stations tied into the line from LS 319 as it travels down Congress Avenue. Recent modelling of the system indicates that it is not possible to divert LS 319 directly to the 36" force main to SCRWWTP, as this would mean upgrading the pumps at every station on that line. Currently the station has three 70HP pumps and one 35HP Jockey pump. The project needs to confirm an appropriate pump size for the station based on projected future loading, ascertain the value of the jockey pump and determine if there is value in using VFD's to control flow. The switchgear and controls are to be replaced based upon the Utility standards which utilize Siemens technology. The back-up generator is to be replaced by a new dri-prime pump in a sound and wind attenuated enclosure. The electrical system should include the ability to connect a mobile generator in case of long term power supply failure as an additional back-up. The station is to add equipment to handle the high loading of wipes and similar material in order to stop the current need for frequent cleaning. This should include checking to see if the wet well can be modified to increase capacity by removing the internal platform. The current odor control system should be checked for efficacy and replaced if necessary. Finally the landscaping around the station should be improved and the buildings repaired and the exteriors cleaned up. The Progressive DESIGN BUILD TEAM shall exercise creativity and due diligence to complete the project in accordance with the City's General Utility and Public Works Standards. 2.2 GOAL The City of Boynton Beach (City) is issuing this Request for Qualifications for submissions from qualified Design Build Firms or companies or team/joint ventures, or other legal entities to select the most qualified team. Work associated with the project will be performed as outlined within this RFQ 2.3 TERM OF CONTRACT: 2.3.1 Dates of Commencement The project shall commence on the date within five (5) days of Progressive Design Builder's receipt of Owner's Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 2.3.2 Phase 1 - Substantial Completion and Final Completion Substantial Completion of the first phase of the project shall be achieved no later than One Hundred (150) calendar days after the Date of Commencement or as mutually agreed to by the Owner and Design -Builder ("Scheduled Substantial Completion Date"). Final Completion of the Work shall be achieved within Thirty (30) calendar days after Substantial Completion. RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 2.3.3 Phase 2 — Substantial Completion and Final Completion Substantial Completion and Final Completion of the second phase of the project shall be determined at the same time as the Guaranteed Maximum Price (GMP) or as mutually agreed to by owner and Design -Builder. 2.4 SCOPE OF SERVICES TO BE PERFORMED: The City of Boynton Beach (City) is issuing this Request for Qualifications for submissions from qualified Progressive Design Build Firm or company or team/joint venture, or a legal entity. Work associated with the project will be performed as outlined within this RFQ. Selection of the professional team shall be a qualifications based selection in accordance with Florida Statutes §287.055, "Consultants' Competitive Negotiation Act." The scoring criteria included in SECTION 5 herein will be used in the evaluation and ranking of the Proposer based on the response within this RFQ by the Selection Committee. The CITY intends to implement the necessary improvements through a negotiated Lump Sum Progressive Design -Build project delivery method with the Awarded Design/ Build Firm based on the information provided in this RFQ. Existing Conditions: The Progressive DESIGN BUILD TEAM shall be responsible for verification of existing conditions, including research of all existing CITY records and other information. Project Management Requirements: A. This project will utilize an internet-based project management tool called e- Builder EnterpriseTM. This internet-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. B. Contractor / Progressive Design -Build Team and Subcontractors shall conduct Project controls, outlined by the Owner, and Engineer, utilizing e -Builder EnterpriseTM. No additional software will be required. The Owner and Engineer will assist the Contractor / Progressive Design -Build Team in providing training to their personnel. C. Contractor / Progressive Design -Build Team shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include but are not limited to: Contracts, Contract Exhibits, Contract Amendments, Drawing Issuances, Addenda, Bulletins, Permits, Insurance & Bonds, Safety Program Procedures, Safety Notices, Accident Reports, Personnel Injury Reports, Schedules, Site Logistics, Progress Reports, Daily Logs, Non -Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Packages, Substitution Requests, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheets and instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e -Builder EnterpriseTM Electronic File Requirements: In addition to the standard closeout submittal requirements detailed elsewhere in the Contract Documents, the Contractor / Progressive Design -Build Team and Subcontractors shall also submit all closeout documents including all "As -Built Drawings", catalog cuts and Owner's Operation and Maintenance manuals in digital format. All documents (including as -built drawings) shall be converted or scanned into the Abode Acrobat (.PDF) file format and uploaded to e -Builder EnterpriseTM. The AsBuilt Drawings shall also be submitted in AutoCAD (.DWG) format. RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build e -Builder Implementation Requirements: e -Builder Enterprise TM is a comprehensive Project and Program Management system that the City of Boynton Beach Utilities will be implementing for managing documents, communications and costs between the Contractor / Progressive Design - Build Team, Engineer, and Owner. e -Builder Enterprise T11 includes extensive reporting capabilities to facilitate detailed project reporting in a web -based environment that is accessible to all parties and easy to use. • Central Document Vault: e -Builder Enterprise TM system includes a central database that maintains all project information and manages project communications amongst team members. • Communication/Correspondence: e -Builder provides electronic routablecommunication forms that provide historical tracking, documentation, and increased accountability of project members. • Project Calendars: Meetings will be scheduled and maintained centrally on e -Builder Enterprise TM • Reporting: All of the project and program data including documents, communications and costs are accessible through integrated online reports. These reporting tools are completely configurable by each user. All reports can be exported to Excel for added flexibility. e -Builder Licensing Requirements: e -Builder Enterprise TM User Licenses: Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Contractor / Progressive Design - Build Team, Engineer, and Owner. Each user license includes full access to e -Builder Enterprise TM including all of the documents and reports mentioned above. Furthermore, each user license provides the e -Builder software as a service (SaS) including: All hosting, operation, maintenance and data backup of the e -Builder Enterprise TM software and documents, which are maintained in state-of-the-art data centers located throughout the United States. Quarterly e -Builder Enterprise TM software enhancements Unlimited phone, email and web based support 24 -hours The City of Boynton Beach has an e -Builder Enterprise TM License and will provide the selected General Contractor / Progressive Design -Build team with a limited number of user licenses for the duration of the project. The City of Boynton Beach will provide basic training for these users; additional training may be procured directly from eBuilder directly at the contractors / Progressive Design -Build Team own cost. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build LIFT STATION 317 MAJOR UPGRADE PROGRESSIVE DESIGN BUILD RFQ No.: 013-2821-21/TP SECTION 3 - INSTRUCTIONS TO PROPOSERS 1. Electronic Request for Qualification shall be received by the City's e -Procurement bidding system no later than: April 13, 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 RFQ submittal submitted online. 3. proposers 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 Proposer to have received all Addenda that are issued. Proposers should check online at Boynton -beach. bidsandtenders. net prior to submitting their Submittal and up until the RFQ closing time and date in the event additional addenda are issued. 5. To obtain documents online please visit Boynton -beach. bidsandtenders.net. You may preview the RFQ documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC PORPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Proposers are cautioned that the timing of their Submittal Submission is based on when the Submittal 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 RFQ 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. Proposers should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at supporta bidsandtenders.net. 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 Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making SUBMITTAL responses to the City are to be borne by the Proposer. 13. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Qualification for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 7 14. Each Proposer, by submission of an proposal response, acknowledges that in the event of any legal action challenging the award of a BID or RFQ; damages, if any, shall be limited to the actual cost of the preparation of the PROPOSER. 15. FAMILIARITY WITH LAWS: The Proposer is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Proposer will in no way relieve Proposer of responsibility to adhere to such regulations. 16. RFQ FORMS: The Proposer will submit a RFQ on the RFQ forms provided. All RFQ prices, amounts and descriptive information must be legibly entered. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Proposer IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All RFQ forms must be executed and submitted for easy identification. Responses not submitted on RFQ forms may be rejected. All RFQs are subject to the conditions specified within this solicitation document. Submittals which do not comply with these conditions are subject to rejection. 17. EXECUTION OF RFQ: Proposal must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 18. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 19. RFQ DEADLINE: It is the Proposer's responsibility to assure that the PROPOSAL is submitted electronic by or at the proper time and date prior to the RFQ deadline. Late proposals are not permitted by the Bidding System 20. 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 Proposer 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 RFQ or RFP procedure; C. Reject or cancel any or all RFQs; D. Reissue an Request for Qualification (RFQ); E. Extend the RFQ deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Request for Qualification (RFQ); H. Consider and accept an alternate RFQ as provided herein when most advantageous to the City. 21. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective proposer has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; 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. 22. DISQUALIFICATION OF PROPOSER: More than one Proposal from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe that collusion exists between Proposers. Automatic disqualifiers are as follows: a. Not including an executed Proposer signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to submit a proposal due to violations listed under Item No.38, "Public Entity Crimes." Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build d. Not completing the RFQ Submittal Forms as required. 23. DIRECT OWNER PURCHASES: Procedure used by the City to make direct purchases of any materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue purchase orders for materials to either the Contractor's / Progressive Design -Build Team or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. 24. RECORDS/AUDITS: The Successful Proposer 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 Proposer 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. 25. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Proposer. Within ten (10) calendar days after issuance of the award letter, the successful Proposer shall sign and deliver the Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Contract will be executed. Within thirty (30) calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Proposer. At times a purchase order will be issued in lieu of a contract agreement. 26. INTERPRETATIONS: To ensure fair consideration for all Proposers, the CITY prohibits communication to or with any department, officer or employee during the solicitation process except as otherwise specified. If the Proposer should be in doubt as to the meaning of any of the RFQ documents, or is of the opinion that the plans and/or specifications contain errors, contradictions or reflect omissions; the Proposer shall direct questions to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this Bid, no later than ten (10) days prior to the BID deadline. 27. 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. 28. SUBCONTRACTING: If a Proposer subcontracts any portion of a Contract for any reason, the Proposer must state the name and address of the sub -design build team and the name of the person to be contacted on the online from within the e -bidding system under "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a subcontractor is named and to make the award to the Proposer, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a RFQ of any Proposer if the RFQ names a 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 the right to inspect all facilities of any subcontractor in order to make determination as to the foregoing. The subcontractor will be equally responsible for meeting all requirements specified in this Request for Qualification (RFQ). Contractors / Progressive Design -Build Team are encouraged to seek minority and women business enterprises for participation in subcontractor contracting opportunities. The City reserves all rights in order to make a determination as to the foregoing. 29. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposer through the City's e - Procurement system Boynton -beach. bidsandtenders.net, it is the responsibility of each Proposer to have receive ALL addenda that are issued. Proposers should check online at Boynton - beach. bidsandtenders. net prior to submitting their RFQ and up until the RFQ closing time and date in the event additional addenda are issued. If a Proposer submits their RFQ prior to the RFQ closing time and date and an addenda have been issued, the Bidding System shall WITHDRAW the Proposer's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the RFQ Proposal. The Proposer can view this status change in the "MY BIDS" section of the Bidding System. The Proposer is solely responsible to: • make any required adjustments to their RFQ; and Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build • acknowledge the addenda; and • Ensure the re -submitted RFQ is RECEIVED by the Bidding System no later than the stated RFQ closing time and date 30. ANTITRUST CAUSE OF ACTION: In submitting a RFQ to the City of Boynton Beach, the Proposer offers and agrees that if the RFQ is accepted, the Proposer will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer. 31. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 32. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by Section 287.012(11), 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 / progressive design -build team, 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". 33. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this RFQ, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Proposer 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 Proposer of the City's determination concerning the false certification. Proposer 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, Proposer 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 Proposer 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. 34. E -VERIFY: Contractor / Progressive Design -Build Team 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 / Progressive Design -Build Team" 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 / Progressive Design -Build Team" 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 / progressive design -build team or another subcontractor in exchange for salary, wages, or other Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 10 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 / Progressive Design -Build Team, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor / Progressive Design Build Team 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 / Progressive Design -Build Team 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 / Progressive Design -Build Team to perform work pursuant to the contract with the City of Boynton Beach. The Contractor/ Progressive Design -Build Team 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 / Progressive Design -Build Team 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 / Progressive Design - Build Team 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 / Progressive Design -Build Team 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 / Progressive Design -Build Team, the Contractor/ Progressive Design -Build Team may not be awarded a public contract for a period of one (1) year after the date of termination. 35. NON -COLLUSION AFFIDAVIT: Each Proposer shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 36. TRADE SECRET: Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 11 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. 37. ANTI -KICKBACK AFFIDAVIT: Each Proposer shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 38. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Proposer shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal 39. ADVERTISING: In submitting a RFQ, the Proposer agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". 40. ASSIGNMENT: Any Purchase Order issued pursuant to this Request for Qualification (RFQ) and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. 41. LIABILITY: The selected Proposer(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 proposer'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 proposer within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the proposer hereunder, for which the City may be entitled to a claim or indemnity against the proposer, under the provisions of this contract. Proposer shall have the right to control the defense of any such claim suit or actions. The proposer shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the proposer's breach of any of the provision of the contract. Proposer shall not be responsible for negligent acts of the City or its employees. 42. CONTRACT AGREEMENT: An Agreement outlining the Scope of Services with the intent of accomplishing a timely, cost- effective completion of a given project will be provided. Specific Task Order stipulating the Scope of Work to be provided will be issued after the execution of said Agreement. The Agreement will be based on successful negotiation. 43. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 44. PALM BEACH COUNTY INSPECTOR GENERAL: The Design -Build Team 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 / progressive design -build team and its subcontractors and lower tier subcontractors. The Design -Build Team understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Progressive Design -Build Team or its subcontractors or lower tier subcontractors to fully cooperate with the Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 12 Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 45. 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 RFQ 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 Progressive Design -Build Team shall comply with Florida's Public Records Law. Specifically, the Progressive Design -Build Team shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy 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, Progressive Design - Build Team shall destroy all copies of such confidential and exempt records remaining in its possession once the Progressive Design -Build Team transfers the records in its possession to the City; and D. Upon completion of the contract, Progressive Design -Build Team shall transfer to the City, at no cost to the City, all public records in Progressive Design -Build Team possession All records stored electronically by Progressive Design -Build Team must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE PROGRESSIVE DESIGN -BUILD TEAM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE DESIGN -BUILD TEAM'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 46. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. Each such solicitation shall clearly define the application of the Local Business preference." In order to Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 13 be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFQ submittal. Failure to submit this form at the time of RFQ submittal will result in the Respondent being found ineligible for the local business preference for this solicitation. Respondents who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 14 LIFT STATION 317 MAJOR UPGRADE PROGRESSIVE DESIGN BUILD BID No.: 013-2821-21/TP SECTION 4— PROPOSAL SUBMISSION REQUIREMENTS 4.1 SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Technical Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this Request for Qualifications. As such, the substance of the Proposal will carry more weight than their length, form or manner of presentation. The Technical Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the Request for Qualifications requirements. The selected Firms shall provide sufficient organization, personnel, and management to carry out the requirements of this RFQ in an expeditious and economical manner, consistent with the needs of the City. Additionally the selected Firm will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFQ. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing or business permits related to the Work specified herein. C. Detailed Proposal. The detailed Proposal should follow the order set forth in Section 3 of this Request for Qualifications. Letter of Interest The Letter of Interest shall be a maximum of one (1) page that summarizes the Proposer's primary qualifications and a firm commitment to provide the proposed services. The Letter of Interest shall be signed by the Proposer or person authorized to bind the Proposer to the submitted RFQ. 2. Firm's Qualifications Provide at least four (4) reference projects of a similar size, scope and complexity that have been completed by your firm within the last ten (10) years which demonstrate the experience of the firm and the team that will be assigned to provide the services as required by this Project. A project similar in scope is defined as a project, which includes some or all of the following components: design of new or improvements to existing master wastewater lift stations. A project similar in size is defined as a project completed under the Progressive Design/Build or Construction Management at Risk (CMAR) delivery method, which was at least $3,000,000 in cost (design and construction). For each reference project, provide the following information: 1) Client name/Owner's Representative name, address, phone number, and email. 2) Name and location of the project. Description of the scope of work. 3) Role your company provided: Construction Management at Risk (CMAR) and/or General Contractor / Progressive Design -Build Team and/or other. 4) Date project was completed or is anticipated to be completed. 5) Size of project (gross square feet of construction) 6) Original Owner Budget vs. Final GMP Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 15 7) Saving achieved through Value Engineering or other approaches 8) The percentage of the GMP for General Conditions, Profit and an Overhead 9) The total amount of approved Change Orders added to the Original GMP. 10) The dollar amount of fees for Pre -Construction Services 11) The dollar value and the percentage of the final GMP awarded to and performed by local subcontractors (of any tier) and SBE subcontractors (of any tier). 12) Present status of the project. If the Proposer is a joint venture or consortium, the qualifications of each firm comprising the joint venture or consortium should be separately identified and the Firm that is to serve as the principal consulting firm should be noted, if applicable. Notarized statement showing the Proposer's maximum bonding capacity; and that the Proposer has an available bonding capacity for a minimum of $5 million specifically for this project. Statement should also identify the Proposer has the ability to increase their bonding capacity, if necessary, and to what amount. NOTE: Notarized statement must be from an admitted surety insurer authorized to issue bonds in the State of Florida, not an agent or broker. Qualifications of Project Team, (key project members) and availability of specialty resources. Provide an overview of the qualifications of a specific project team to be provided by the Design Build Team to perform the requested services. Specify and present as a minimum, similar experience in design and construction of municipal pipeline and/or roadway projects. Identify the principal and management staff who would be assigned to the project as follows: a. An organizational chart that clearly defines the lines of authority. b. The names and roles of each professional to be assigned to this project, including familiarity with projects of a similar nature. c. The estimated amount of involvement expressed as a percentage of time, of each of the staff members. d. Brief resumes of academic training and employment in the applicable fields. Team resumes shall be limited to twelve (12) pages. e. Experience of identified staff members with differing regulatory agencies that may be associated with these services. f. Availability location and workload of the proposed team contained on a maximum of one (1) page including: 1. Current project work listing and remaining labor commitments 2. Historically, describe the typical number of projects handled by the Proposer's key project managers at any given time. 3. Projected workload of project management activities as defined in the scope of services. 4. Identification of any sub -PROGRESSIVE DESIGN BUILD TEAM firms providing significant services that may be assigned more than five (5%) of the work. 4. Approach, demonstrated skill set, and innovative ideas that will be used to address the Scope of Work. a. Narrative of Project and Understanding of the Project Issues: Provide a narrative demonstrating the Proposer's understanding of the project goals, requirements, objectives, challenges, the project delivery method, and how the Proposer intends to ensure that the scope, budget and schedule will be met. Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 16 b. Cost Effectiveness of Proposed Solutions: Provide a description of the Proposer's approach to cost estimating during the various phases of the design (i.e. conceptual, schematic, final and construction documents). Indicate the methodology and estimating system used in preparation of estimates. Address how the Proposer will prepare, submit, reconcile and obtain approval of the Guaranteed Maximum Price notice. c. Discuss the cost effectiveness of the proposed solutions, taking into account expected life of the equipment, capital costs and operating and maintenance costs over the life of the equipment. d. Explain how Proposer intends to meet the budgetary goals and timetables using the Design and Performance Criteria herein to include the following: 1. Implementation of conflict resolution methods. 2. Description of schedule controls. 3. Description of change order controls. 4. Description of permitting approach 5 Understanding of the construction contingency to include: 1) who should be in control, 2) the main purpose, and 3) who approves its utilization. 6. Provide examples of how your firm ensures that the project stays within budget during each phase of construction and what assurances are given that the estimate may be accurate or reliable. e. Project Management Reporting: Provide an explanation of how the firm proposes to manage and report each aspect of the Project to realize budgetary goals, timetables and quality control objectives. f. Submit a comprehensive Project Management Reporting system to include but not limited to narrative reporting, schedule controls, cost controls and estimating, project accounting, accounting and payment and action controls. Creativity and Innovation in Project Approach and Solution Selection Options: a. Discuss how the Proposer intends to use innovative approaches and/or best practices to achieve results considering safety, quality, cost and time as they relate to any and all aspects of design, equipment, materials, pre -construction services, and construction. b. Discuss how the Proposer will utilize best practice techniques such as value engineering and constructability reviews, and provide evidence of previous experience with any of the methodologies presented. C. Discuss in detail, the development of a mitigation strategy covering major events that might impact the Project such as severe weather or protracted loss of treatment capacity caused by work within the Project. d. Provide a schedule which details the Proposer's proposed activities and how the Proposer intends to meet the required in-service date. e. Provide a strategy the Proposer will employ for subcontracting work to include how local contractors will be utilized. Address the Proposer's approach to implementation Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 17 of Quality Control/Quality Assurance plan for both self- performing and subcontracted work. Describe project communication tools to ensure streamlined information to the Construction Team (Selected PROGRESSIVE DESIGN BUILD TEAM and CITY). g. Describe the plan for public relations and conflict resolution with the community during construction. This section shall be limited to no more than fifteen (15) pages. Work plans longer than fifteen (15) pages will only have the first fifteen (15) pages reviewed. References — Past Performance Provide three (3) governmental agencies references similar to design/build or construction manager at -risk contracts for which the Proposer has completed or are in progress within the past three (3) years with the following information: 1) Name of Agency, 2) Name of Project, 3) Address and 4) Contact Name, Email Address and Telephone Number. The City is interested in learning of other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. Contact persons must be informed that they are being used as an reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference up to three (3) times. Sub -Consultants — To be completed online Identification of any sub -PROGRESSIVE DESIGN BUILD TEAM firms providing significant services that may be assigned more than five (5%) of the work. 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 in order for your submittal to be completed and accepted. a) Proposer Acknowledgement — Online Acknowledgement d) Proposers Qualification Statement—Attach and Upload C) Addenda Acknowledgement — Online Acknowledgement d) Anti -Kickback Affidavit — Upload Online e) Non -Collusion Affidavit of Proposer — Upload Online f) Confirmation of Minority Owned Business - Online Form g) Certification Pursuant to Florida Statute § 287.135 - Upload Online h) Confirmation of Drug Free Workplace - Online Acknowledgement i) Palm Beach Inspector General - Online Acknowledgement D Local Business Certification - Online Form k) Statement of Non -Submittal (if applicable) - Online Form 1) Schedule of Sub -Consultants — Online Form M) Submit current Florida Professional License, including evidence of possession of required licenses or business permits — Attach and Upload n) References — Online Form o) E -Verify Form Pursuant to Florida Statute § 448.095 — Attach and Upload P) Submit any Supplemental information relative to this RFQ — Attach and Upload Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 18 5.1 H LIFT STATION 317 MAJOR UPGRADE PROGRESSIVE DESIGN BUILD BID No.: 013-2821-21/TP SECTION 5 — EVALUATION OF PROPOSALS EVALUATION OF PROPOSALS The Selection Committee will review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best -qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive to this solicitation, and will be evaluated as follows: The selection committee will review and evaluate all RFQ responses. The determination shall be based upon the following criteria and respondents shall provide, as a minimum the information listed under each criterion. Evaluation Criteria Maximum Potential Points Firm's Qualifications 20 Assigned Staff Qualifications and Experience 30 Project Approach 25 Demonstrated Knowledge 15 References 05 Local Business Status Certification 05 Total 100 A. Evaluation Process PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE "CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT": A Selection Committee will review each written submission for compliance with the requirements of the RFQ, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFQ. In the event less than three (3) firms submit responses to the RFQ or less than three (3) determination as to whether to proceed with the lesser number of firms. If the decision is to re -advertise, and after a subsequent advertisement resulting in three (3) firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. 3. The Selection Committee will score and rank all responsive and proposals based on the requirements of the RFQ and determine a minimum of three (3) firms deemed to be the most responsible, responsive firms. Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 19 4. The Selection Committee will conduct discussions, interviews, or require presentations from the shortlisted firms. Upon completion of the discussions, interviews or presentations, the Committee will re-evaluate, re -rate and re -rank the proposals remaining in consideration based upon the evaluation criteria listed above. 5. Upon final ranking, the list of proposers recommended as the most qualified will be submitted to the City Commission for approval. 6. Upon approval by the City Commission, the City will negotiate an agreement based on the attached draft contract found attached developed from this Request for Qualifications. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement, the final contract will be submitted to the City Commission for their consideration and approval. Should the City fail to negotiate a satisfactory contract as determined to be fair and competitive with the highest -ranked firm, negotiations will formally be terminated. The City will then undertake negotiations with the second -ranked firm. Should negotiations fail also with the second -ranked firm, then the third- ranked proposer will be notified for negotiations. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY Bid No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 20 M PROPOSER'S QUALIFICATION STATEMENT ro IB IE COMPILE rIEJD AND U IP IL.0 AID IE D 01NIL.111NIE The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Submitted By: Name: Address: CITY, State, Zip: Telephone No.: Email Address.: Corporation Partnership Individual Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: 3. a. Date of Incorporation: b. State of Incorporation: C. President's name: e f. Vice President's name: Secretary's name: Treasurer's name: g. Name and address of Resident Agent: If Proposer is an individual or a partnership, answer the following: a. Date of organization: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 21 b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Did you attend the Pre -Proposal Conference if any such conference was held? YES = NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 22 11. State the name of the individual who will have personal supervision of the work: 12. State the name and address of attorney, if any, for the business of the Proposer: 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 23 16. Annual Average Revenue of the Proposer for the last three years as follows: Revenue Index Number 1. Less than $100,000 Revenue Index Number a. Government Related Work $250,000 to less than $500,000 b. Non -Governmental Related Work 5. $1 million to less than $2 million Total Work a +b $2 million to less than $5 million Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 17. Bank References: Bank Address Telephone 18. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). 19. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 24 20. Is the financial statement submitted with your proposal (if applicable) for the identical organization named on page one? YES = NO 21. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 22. What will be your turnaround time for written responses to City inquires? 23. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 24. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 25. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 25 26. Has the Proposer, its principals, officers or predecessors' organization(s) been Convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) (Title Subscribed and sworn to before me This day of 12021 Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 26 ANTI -KICKBACK AFFIDAVIT ro BII;;; coimipII...II;;;°1iI..";D AND UIPII,,.OADII;;.";D 01NIt,111W:; STATE OF FLORIDA SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 2021 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED ALONG WITH BID FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 27 NON-COLLUSION AFFIDAVIT OF PROPOSER "rO IBli;;; COII IISII...Ii;i:..".ID AND UPII...OADIi:..".ID ON11-111W: State of ) County of ) 1) He is (Title) has submitted the attached RFQ: 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 RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached RFQ are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. 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 RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 28 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 "ro IME; coimipt.,.IE;;;"1il..";ID AND UIPII,,.OADIE.";D ONII.JIINIE: on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Progressive Design -Build Team of the City's determination concerning the false certification. The Progressive Design -Build Team shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Progressive Design -Build Team does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services 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. As the person authorized to sign on behalf of the Progressive Design -Build Team, I hereby certify that the company identified above in the section entitled "Progressive Design -Build Team 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 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 29 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 DATE TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 30 CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES Project Name: Solicitation RFQ No 1. Definitions: "roIBII;;; COMII�i...I;;;°1i�::";D AND UP�I,,.OADIE::";D ONI...II1N1I:;�; LIFT STATION 317 MAJOR UPGRADE PROGRESSIVE DESIGN BUILD 013-2821-21/TP "Contractor/Progressive Design -Build Team" 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 / Progressive Design -Build Team" 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 / progressive design -build team 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 / Progressive Design -Build Team, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor / Progressive Design -Build Team 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/ Progressive Design -Build Team 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 / Progressive Design -Build Team to perform work pursuant to the contract with the City of Boynton Beach. The Contractor / Progressive Design -Build Team 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 / Progressive Design -Build Team awarded for the above-named project, by entering into the contract, the Contractor / Progressive Design Build Team 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 / Progressive Design Build Team shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 31 subcontract with, an unauthorized alien. The Contractor/ Progressive Design -Build Team 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 / Progressive Design -Build Team otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor / Progressive Design -Build Team and order the Contractor / Progressive Design -Build Team 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 / Progressive Design - Build Team, the Contractor / Progressive Design Build Team 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 , 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 RFQ No. 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design Build 32 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR This AGREEMENT is made effective as of April , 2021, by and between the following parties, for services in connection with the Project identified below: OWNER: The City of Boynton Beach, Florida 100 E. Ocean Avenue Boynton Beach, FL 33435 PO Box 310 Boynton Beach, FL 33425-0310 DESIGN -BUILDER: (Vendor) (Address) PROJECT: RFQ # 013-2821-21/TP — Lift Station 317 Major Upgrade Progressive Design -Build WHEREAS, the CITY solicited proposals from qualified Design -Build Firms to provide services for the expansion of the Lift Station 317 Major Upgrade Project; WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for non-exclusive Contracts to perform professional services, WHEREAS, at its meeting on March XX, 2021, the CITY Commission authorized the proper CITY officials to conduct negotiations with the first ranked firm (COMPANY). of Florida; and WHEREAS, at its meeting on , 2021 by Resolution No.: R21- , the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: 013-2821-21. In consideration of the mutual covenants and obligations contained herein, Owner and Design -Builder now agree as follows: Article 1.0 Scope of Work 1.1 Phased Delivery. Owner and Design -Builder will implement the Project on a phased basis. 1.2 Phase 1 Services. Owner has selected Design -Builder on the basis of Design -Builder's proposal for the performance of design, pricing, and other services for the Project during Phase 1. Design - Builder shall perform such services to the level of completion required for Design -Builder to establish the Contract Price for Phase 2, as set forth in Section 1.3 below. The Contract Price for Phase 2 shall be developed during Phase 1 in conjunction with Attachment B. Design -Builder's Compensation for Phase 1 Services is set forth in Section 1, Phase 1, of Attachment B, Compensation. The level of completion required for Phase 1 Services is defined in Attachment A, © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE Scope of Work (either as a percentage of design completion or by defined deliverables). 1.3 Phase 2 Services. Design -Builder's Phase 2 services shall consist of the completion of design services for the Project, the procurement of all materials and equipment for the Project, the performance of construction services for the Project, the start-up, testing, and commissioning of the Facility, and the provision of warranty services, all as further described in Attachment A, Scope of Work. Upon receipt of Design -Builder's proposed Contract Price for Phase 2, Owner may (a) accept the Contract Price and issue a Notice to Proceed with Phase 2 services, or (b) enter into a negotiation with Design -Builder on the scope and Contract Price, and, if required, on the schedule, for Phase 2 services to achieve a mutually acceptable basis on which to proceed, or (c) reject Design - Builder's proposal for Phase 2 and either (i) cancel the Project, (ii) proceed with another Design - Builder, or (iii) exercise the "off -ramp" final design provisions of Section 1.4, Off -Ramp. The Contract Price for Phase 2 Services will be set forth in Section 2, Phase 2, of Attachment B, Compensation, when mutually agreed between the parties. Once the parties have agreed upon the Contract Price and Owner has issued a Notice to Proceed with Phase 2, Design -Builder shall perform the Phase 2 services, all as further described in Attachment A, Scope of Work, as it may be revised. 1.4 Off -Ramp. 1.4.1 The parties acknowledge that Owner's ability to successfully complete the Project may be significantly impacted if Owner elects to terminate Design -Builder's services at the end of Phase 1, rather than proceeding to Phase 2 under Section 1.3 ("Phase 2 Services") and certain design sub - consultants are not available to continue working on the Project. Consequently, Design -Builder hereby agrees that if Owner terminates Design -Builder for any reason, Owner shall have the right to contract directly with such design sub -consultants for design -related services on this Project, and Design -Builder shall take such steps as are reasonably necessary to enable Owner to implement such relationship. Design -Builder shall provide in any design sub -consultant agreements that Owner shall have the right to negotiate directly with such design sub -consultants for the continuation of their services with respect to the Project, and that any provisions with respect to copyright or the ownership of instruments of service confirm such right of Owner. 1.4.2 If the parties are unable to reach an agreement on Design -Builder's proposed Contract Price for Phase 2 under Section 1.3 within the time limit for acceptance specified in the Proposal, as may be extended by the mutual agreement of the parties, then the proposed Contract Price shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 1. Owner may declare Phase 1 Services completed and authorize Design -Builder to continue to advance the final design of the Project as an extension of Phase 1 or as an Additional Service, as applicable; or 2. Owner may terminate the relationship with Design -Builder and proceed to exercise its available options to perform the final design and construction with parties other than Design -Builder. 1.4.3 If Owner fails to exercise either of its options under Section 1.4.2 in a reasonable period of time, Design -Builder may give written notice to Owner that it considers this Agreement completed. If Owner fails to exercise either of the options under Section 1.4.2 within ten (10) days of receipt of Design -Builder's notice, then this Agreement shall be deemed completed. 1.4.4 If Owner terminates the relationship with Design -Builder under Section 1.4.2.2, or if this Agreement is deemed completed under Section 1.4.3, then Design -Builder shall have no further liability or obligations to Owner under this Agreement 1.5 Completion. Once Design -Builder has received a Notice to Proceed with Phase 2, Design- Builder © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE manuals, and start-up and commissioning services for the Project necessary to complete the Work described in and reasonably inferable from the Contract Documents. Following Substantial Completion of the Work, Design -Builder shall conduct performance tests to demonstrate that the Facility Performance Criteria have been met, as a condition for Final Acceptance. Article 2.0 Contract Documents 2.1 Contract Documents. The Contract Documents are comprised of the following: 1. All written modifications, amendments and change orders to this Agreement issued in accordance with Attachment D, General Conditions; Written Supplementary Conditions, if any, to the General Conditions; 3. This Agreement, including all exhibits and the following attachments: Attachment A Scope of Work Section 1 Phase 1 Scope of Work Section 2 Phase 2 Scope of Work Attachment B Compensation Section 1 Phase 1 Services Compensation Section 2 Contract Price for Phase 2 Services Attachment C Schedule Attachment D General Conditions Attachment E Indemnity, Insurance & Bonding Attachment F Owner's Project Design -Build Criteria by Reference. Attachment G Special Conditions Construction Documents prepared and reviewed in accordance with GC 2.4; to be developed in Phase 2 5. The following other document attached hereto: Garrey Companies, Inc. proposal dated August 13, 2020. Article 3.0 Interpretation and Intent 3.1 Contract Documents. The Contract Documents are intended to permit the parties to complete the Work and all obligations required by the Contract Documents within the Contract Time(s) for the Phase 1 Compensation and the agreed Contract Price for Phase 2 Services. The Contract Documents are intended to be complementary and interpreted in harmony so as to avoid conflict, with words and phrases interpreted in a manner consistent with construction and design industry standards. In the event of any inconsistency, conflict, or ambiguity between or among the Contract Documents, the Contract Documents shall take precedence in the order in which they are listed in Section 2.1 hereof. 3.2 Meanings. Terms, words and phrases used in the Contract Documents, including this Agreement, shall have the meanings given them in GC 1.2. 3.3 Entire Agreement. The Contract Documents form the entire agreement between Owner and Design -Builder and by incorporation herein are as fully binding on the parties as if repeated herein © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE in their entirety. No oral representations or other agreements have been made by the parties except as specifically stated in the Contract Documents. Article 4.0 Ownership of Work Product 4.1 Work Product. All drawings, specifications and other documents and electronic data furnished by Design -Builder to Owner under this Agreement ("Work Product") are deemed to be instruments of service and Design -Builder shall retain the ownership and property interests therein, including the copyrights thereto. 4.2 Owner's Limited License upon Payment in Full. Upon Owner's payment in full for the Work performed in each Phase under the Contract Documents, Design -Builder shall be deemed to have granted Owner a limited license to use the Work Product solely in connection with Owner's ownership, use, and occupancy of the Project. Owner shall not use the Work Product on any other project or facility without Design -Builder's express written consent. 4.3 Owner's Limited License upon Owner's Termination for Convenience or Design -Builder's Election to Terminate. If Owner terminates the Project for its convenience as set forth in Article 8.0 ("Termination for Convenience"), or if Design -Builder elects to terminate this Agreement in accordance with GC 9.5 ("Design -Builder's Right to Terminate for Cause"), Design -Builder shall, upon Owner's payment in full of the amounts due Design -Builder under the Contract Documents, be deemed to have granted Owner a limited license to use the Work Product to complete the Project and subsequently use and occupy the Project, conditioned on the following: 1. Use of the Work Product is at Owner's sole risk without liability or legal exposure to Design -Builder or anyone working for or through Design -Builder, including Design Consultants of any tier (collectively the "Indemnified Parties"). 4.4 Owner's Limited License upon Design -Builder's Default. If this Agreement is terminated due to Design -Builder's default pursuant to GC 9.3 ("Owner's Right to Perform and Terminate for Cause") and (i) it is determined that Design -Builder was in default, and (ii) Owner has fully satisfied all of its obligations under the Contract Documents, then Design -Builder shall grant Owner a limited license to use the Work Product in connection with Owner's completion, use and occupancy of the Project. This limited license is conditioned on Owner's express understanding that its use of the Work Product is at Owner's sole risk and without liability or legal exposure to any Indemnified Party. 4.5 Owner's Indemnification for Use of Work Product. Owner recognizes that in the event of an early termination of the Work, whether for convenience or for cause, Design -Builder will not have the opportunity to finish or to finalize its Work Product. Therefore, if Owner uses the Work Product under Sections 4.3 or 4.4 in whole or in part, Owner agrees to defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, damages, liabilities, losses and expenses, including attorneys' fees, arising out of or resulting from Owner's use of the Work Product, to the fullest extent permitted by applicable law. Article 5.0 Contract Time 5.1 Dates of Commencement. 5.1.1 Design -Builder's Phase I Services shall commence within five (5) days of Design - Builder's receipt of Owner's Phase 1 Notice to Proceed unless the parties mutually agree otherwise in writing. The parties shall use their best efforts to complete the Phase 1 Services within the time durations detailed in Attachment C. Section Entitled; "SCHEDULE". © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 5.1.2 The Phase 2 Services shall commence on the date within five (5) days of Design -Builder's receipt of Owner's Phase 2 Notice to Proceed ("Date of Commencement") unless the parties mutually agree otherwise in writing. 5.2 Substantial Completion and Final Completion 5.2.1 Substantial Completion of the entire Work included in Phase 1 shall be achieved no later than One Hundred (100) calendar days after the Date of Commencement ("Scheduled Substantial Completion Date"). The Substantial Completion date for Phase 2 shall be submitted with the Guaranteed Maximum Price (GMP) deliverable package. 5.2.2 Interim milestones and/or Substantial Completion of identified portions of the Work shall be achieved in accordance with Attachment C, Schedule. 5.2.3 Final Completion of the Work or identified portions of the Work shall be achieved within Thirty (30) days after Substantial Completion. 5.2.4 All of the dates set forth in this Article 5.0 shall be subject to adjustment in accordance with the General Conditions. 5.3 Time is of Great Importance. Owner and Design -Builder mutually agree that time is of great importance with respect to the dates and times set forth in the Contract Documents. Owner agrees to provide all site access, materials, information, data, and approvals required under the Contract Documents in a timely manner, as required for Design -Builder to achieve the interim milestones of the Schedule and the Scheduled Substantial Completion Date. 5.4 Liquidated Damages. Design -Builder understands that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (as it may be extended hereunder), Owner will suffer damages which are difficult to determine and accurately specify. Design -Builder agrees that if Substantial Completion is not achieved by the Scheduled Substantial Completion Date (the "LD Date"), Design -Builder shall pay Owner One Thousand Dollars (51,Uffl Q) as liquidated damages for each day that Substantial Completion extends beyond the LD Date, up to a maximum of: The liquidated damages provided herein shall be in lieu of all liability for any and all extra costs, losses, expenses, claims, penalties and any other damages, whether special or consequential, and of whatsoever nature incurred by Owner which are occasioned by any delay in achieving Substantial Completion. No Liquidated Damages shall be assessed in the event that Owner takes early beneficial occupancy of the Facility or makes partial use thereof for operating or commercial purposes before Substantial Completion is achieved. 5.5 Early Completion Bonus. if Substantial Completion for the Phase 2 construction work is achieved on or before Twenty (20) days before the Scheduled Substantial Completion Date (the "Bonus Date"), Owner shall pay Design -Builder at the time of Final Payment under Section 7.4 hereof an early completion bonus of Five Hundred Dollars (5500.00) for each day that Substantial Completion is achieved earlier than the Bonus Date. Such Early Completion bonus shall not exceed Ten Thousand Dollars (510-000.00) in the aggregate. © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE Article 6.0 Compensation and Contract Price 6.1 Phase 1 Compensation. For the Phase 1 Services, Owner shall pay Design -Builder compensation in accordance with Section 1, Phase 1, of Attachment B, Compensation. 6.2 Phase 2 Contract Price. For the Phase 2 Services, Owner shall pay Design -Builder in accordance with Section 2, Phase 2, of Attachment B, Compensation, an agreed Contract Price equal to Design - Builder's Fee (as defined in Attachment B) plus the Cost of the Work (as defined in Attachment B), subject to adjustments made in accordance with the General Conditions. Article 7.0 Procedure for Payment 7.1 Payment for Phase 1 Services 7.1.1 Owner shall compensate Design -Builder monthly for Phase 1 Services performed under the Agreement per Attachment B, Section 1. 7.1.2 Owner shall pay Design -Builder for Phase I Services within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with the provisions of GC 5.1 ("Payment for Phase 1 Services") and 5.4 ("Withholding of Payments"). 7.2 Progress Payments for Phase 2 Services 7.2.1 An initial payment of Zero dollars L$M shall be made upon execution of this Agreement and credited to Owner's account at final payment 7.2.2 Design -Builder shall submit to Owner on or before the twenty-fifth (25th) day of each month, beginning with the first month after the Date of Commencement, Design -Builder's Application for Payment in accordance with GC 5.3 ("Monthly Progress Payments for Phase 2 Services"). 7.2.3 Owner shall make payment within thirty (30) days after Owner's receipt of each properly submitted and accurate Application for Payment in accordance with GC 5.3, but in each case less the total of payments previously made, and less any amounts properly withheld under GC 5.4 ("Withholding of Payments") and Section 7.3 below ("Retainage on Progress Payments"). 7.2.4 If Design -Builder's Fee is a fixed amount, the amount of Design -Builder's Fee to be included in Design -Builder's monthly Application for Payment and paid by Owner shall be proportional to the percentage of the Work completed, less payments previously made on account of Design -Builder's Fee. 7.3 Retainage on Progress Payments 7.3.1 Owner will retain Zero percent 0%) of each Phase 1 Application for Payment and Five percent of each Phase 2 Application for Payment until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the Design -Builder has been reached and acceptance by the CITY as defined in Florida Statutes § 218.735(7)(d). 7.4 Final Payment 7.4.1 Design -Builder shall submit its Final Application for Payment to Owner in accordance © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE with GC 5.8 ("Final Payment"). Owner shall make payment on Design -Builder's properly submitted and accurate Final Application for Payment within ten (10) days after Owner's receipt of the Final Application for Payment, provided that Design -Builder has satisfied the requirements for final payment set forth in GC 5.8.2. 7.5 Record Keeping and Financial Controls 7.5.1 Design -Builder acknowledges that this Agreement is to be administered on an "open boob' arrangement relative to Costs of the Work, including the development and agreement upon the Contract Price for Phase 2 Services. Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management, using accounting and control systems in accordance with generally accepted accounting principles, and in such accounts as may be necessary for Owner's utility accounting purposes. During the performance of the Work and for a period of three (3) years after Final Payment, Owner and Owner's accountants shall be afforded access from time to time, upon reasonable notice, to Design -Builder's records, books, correspondence, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to the Work, all of which Design -Builder shall preserve for a period of three (3) years after Final Payment, provided, however, that such access, review, and audit rights shall not extend to any compensation amounts established on the basis of fixed rates for overhead or fee, or an agreed fixed sum, or unit rates for any element of cost. Article 8.0 Representatives of the Parties 8.1 Owner's Representatives 8.1.1 Owner designates the individual listed below as its Senior Representative ("Owner's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: Utilities Director 8.1.2 Owner designates the individual listed below as its Owner's Representative, which individual has the authority and responsibility set forth in GC 3.4 ("Owner's Representative"): Senior Engineer 8.2 Design -Builder's Representatives 8.2.1 Design -Builder designates the individual listed below as its Senior Representative ("Design - Builder's Senior Representative"), which individual has the authority and responsibility for avoiding and resolving disputes under GC 8.2.3: (VENDOR) (ADDRESS) (CONTACT INFORMATION) © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 8.2.2 Design -Builder designates the individual listed below as its Design -Builder's Representative, which individual has the authority and responsibility set forth in GC 2.1.1: (VENDOR) (ADDRESS) (CONTACT INFORMATION) Article 9.0 Indemnity, Insurance and Bonds 9.1 Indemnity. Indemnification obligations between the parties shall be as set forth in Article 4.0, above, and in Section 1.0, Indemnity, of Attachment E, Indemnity, Insurance & Bonding. 9.2 Insurance. The parties shall procure the insurance coverages set forth in Attachment E, Indemnity, Insurance & Bonding, in accordance with the General Conditions. 9.3 Bonds and Other Performance Security. If so required, Design -Builder shall provide a performance bond and labor and material payment bond or other performance security in accordance with Section 8.0, Bonds, of Attachment E, Indemnity, Insurance & Bonding. Article 10.0 Other Provisions 10 Other provisions, if any, are as follows: 10.1 Mutual Waiver of Consequential Damages: Notwithstanding any other provision of this Agreement to the contrary, neither party including their officers agents, servants and employee shall be liable to the other for lost profits or any special, indirect, incidental, or consequential damages in any way arising out of this Agreement however caused under a claim of any type or nature based on any theory of liability (including but not limited to: contract, tort, or warranty) even if the possibility of such damages has been communicated. 10.2 Limitation of Liability: Notwithstanding any provision to the contrary contained in this Agreement, Design -Builder's total liability to Owner for any and all injuries, claims, losses, expenses or damage whatsoever from any cause or causes, including but not limited to Design Builder's negligence, errors, omissions, strict liability or breach of contract, or breach of warranty, shall not exceed the total amount of $50,000 or the fee Design Builder receives under this Agreement whichever is greater. 10.3 SCRUTINIZED COMPANIES 287.135 and 215.473: By submission, Design -Builder certifies that the Design -Builder is not participating in a boycott of Israel. Design -Builder further certifies that Design -Builder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Design -Builder been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Design -Builder of the City's determination concerning the false certification. Design - Builder shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Design -Builder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Design -Builder does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 10.4 TRADE SECRET: Any language contained in the Design -Builder'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 Design -Builder submits any documents or other information to the City which the Design -Builder claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Design -Builder shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Design -Builder 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 Design -Builder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Design -Builder 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. 10.5 PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (3 0) 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 an public agency subject to Chapter 119, Florida Statutes. The Design -Builder shall comply with Florida's Public Records Law. Specifically, the Design -Builder 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, Design- Builder shall destroy all copies of such confidential and exempt records remaining in its possession once the Design -Builder transfers the records in its possession to the City; and D. Upon completion of the contract, Design -Builder shall transfer to the City, at no cost to the City, all public records in Design -Builder's possession All records stored electronically by Design -Builder 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. © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 10.6 IF THE DESIGN -BUILDER HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE DESIGN -BUILDER'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 10.7 E -VERIFY 10.7.1 Contractor certifies that it 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 © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 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 tenninated 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. © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE In executing this Agreement, Owner and Design -Builder each individually represents that it has the necessary financial resources to fulfill its obligations under this Agreement, and each has the necessary corporate approvals to execute this Agreement, and perform the services described herein. "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of , 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager (Authorized Official Name), (Company Name) Print Name of Authorized Official Title Attest/Authenticated: (Corporate Seal) Witness Print Name Approved as to Form: Attest/Authenticated: Jim Cherof Crystal Gibson Office of the City Attorney City Clerk © Copyright 2013 by The Water Design -Build Council (WDBC) PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT A SCOPE OF WORK SECTION 1 PHASE 1 1.0 Design -Builder shall exercise reasonable skill and judgment in the furnishing of design services. Architectural and engineering services shall be furnished by licensed employees of Design -Builder, or by consultants or subcontractors as permitted by the law of the state where the Project is located. Design - Builder is responsible for the following Preliminary Design -Build Services: 1.1 Preliminary Evaluation. Design -Builder shall provide a preliminary evaluation of the Project's feasibility based on the Owner's Program and other relevant information. 1.2 Preliminary Schedule. Design -Builder shall provide a preliminary schedule for Owner's written approval. The schedule shall show the activities of Owner and Design -Builder necessary to meet Owner's completion requirements. 1.3 Preliminary Estimate. Design -Builder shall prepare for Owner's written approval a preliminary estimate utilizing area, volume, or similar conceptual estimating techniques. The level of detail for the estimate shall reflect the Owner's Program and any additional available information. If the preliminary estimate exceeds Owner's budget, Design -Builder shall make written recommendations to Owner. 1.4 Preliminary Design Documents. Design -Builder shall submit for Owner's written approval Preliminary Design Documents, based on the Owner's Program and other relevant information. Preliminary Design Documents shall include drawings, outline specifications and other conceptual documents as further defined herein illustrating the Project's basic elements, scale and their relationship to the site. One set of these Documents shall be furnished to Owner. Design -Builder shall update the preliminary schedule and preliminary estimate based on the Preliminary Design Documents. 1.5 Division of Responsibility. Design -Builder shall prepare for Owner's review a proposed Division of Responsibility with respect to the Project, showing (a) equipment, materials, labor, and services to be provided by Design -Builder, (b) access, equipment, materials, data, information, and approvals to be provided by Owner, and (c) any items necessary for the Project to be provided by third parties. 1.6 Contract Price Proposal. Based on the Preliminary Design -Build Services, Design - Builder shall prepare for Owner's consideration a proposed Contract Price for the Phase 2 Services. 1.7 Additional Services. Design -Builder shall provide the following additional services, if any: 1.7.1 See Attachment F — Owner's Design -Build Criteria. Phase 1 Scope of Work WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-13 3/10/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE SECTION 2 PHASE 2 2.1 Completion of Design 2.1.1 Drawings and Specifications Design -Builder shall submit for Owner's review and written comment Drawings and Specifications based on the Contract Documents and the Preliminary Design Documents prepared under Phase I and any further development of Contract Documents that have been approved in writing by Owner. The Drawings and Specifications shall set forth in detail the requirements for construction of the Work, and shall be based upon codes, laws or regulations enacted at the time of their preparation, provided, however, that if such codes, law, or regulations have changed between the date on which Design -Builder submitted its proposed Contract Price and the date of preparation, then Design - Builder shall be entitled to an equitable adjustment in the compensation and/or the Schedule. Construction shall be in accordance with these approved Drawings and Specifications. One set of these documents shall be furnished to Owner prior to commencement of construction. 2.1.2 Manuals Design -Builder shall provide a Commissioning and Startup Manual and an Operations and Maintenance Manual for the Facility, as applicable, each in such form and in such numbers as the parties may agree, and such other manuals as the parties may agree. All such manuals shall be provided no later than ninety (90) days prior to the scheduled date for the commissioning and startup of the Facility. 2.2 Construction Services 2.2.1 Notice to Proceed Following Owner's written acceptance of Drawings and Specifications under Paragraph 2. 1.1 above, Design -Builder will commence the performance of Construction Services. 2.2.2 Completion In order to complete the Work, Design -Builder shall provide all necessary construction supervision, inspection, construction equipment, labor, materials, tools, and subcontracted items. 2.2.3 Compliance Design -Builder shall give all notices and comply with all laws and ordinances legally enacted at the date of execution of the Agreement which govern the proper performance of the Work. 2.2.4 Schedule Design -Builder shall prepare and submit a Schedule of Work in the form of a revised Attachment C, Schedule, for Owner's written approval. This Schedule shall indicate the dates for the start and completion of the various stages of the construction including the dates when information and approvals are required from Owner. It shall be revised as required by the conditions of the Work. The Schedule of Work shall be the basis for Design -Builder's management and control of the project and its reporting of progress to Owner. 2.2.5 Permits Design -Builder shall assist Owner in securing the building permits necessary for the construction of the Project. 2.2.6 Safety and Hazardous Conditions Design -Builder shall take necessary precautions for the safety of its employees on the Project, and shall comply with all applicable provisions of federal, state and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the Site. Design -Builder, directly or through its Subcontractors, shall erect and properly maintain at all times, as required by the conditions and progress of the Work, necessary safeguards for the protection of workers and the public. However, Design -Builder shall not be responsible for the elimination or abatement of any pre-existing Hazardous Materials at the site or any safety hazards created or otherwise resulting from work at the Site carried on by Owner or its employees, agents, WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-14 3/10/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE separate contractors or tenants. Owner agrees to cause its employees, agents, separate contractors, and tenants to abide by and fully adhere to all applicable provisions of federal, state and municipal safety laws and regulations. The above provision shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with all applicable provisions of relevant laws. 2.2.7 Reports As provided in GC 2.1.2, Design -Builder shall provide monthly written reports to Owner on the progress of the Work including a system of cost reporting for the Work, and also including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes in the Work. 2.2.8 Site Maintenance At all times Design -Builder shall maintain the Site of the Work free from debris and waste materials resulting from the Work. At the completion of the Work, Design- Builder shall remove from the premises all construction equipment, tools, surplus materials, waste materials and debris. 2.3 Hazardous Material 2.3.1 A Hazardous Material is any substance or material identified now or in the future as hazardous under any federal, state or local law or regulation, or any other substance or material which may be considered hazardous or otherwise subject to statutory or regulatory requirements governing handling, disposal and/or clean-up. Design -Builder shall not be obligated to commence or continue Work until any known or suspected Hazardous Material discovered at the Site has been removed, rendered or determined to be harmless by Owner as certified by an independent testing laboratory and approved by the appropriate government agency. 2.3.2 If after the commencement of the Work, known or suspected Hazardous Material or Hazardous Conditions are discovered at the Site, Owner and Design -Builder shall proceed in accordance with the requirements of GC 4.1 ("Hazardous Conditions & Differing Site Conditions"). 2.4 Patents & Copyright 2.4.1 Design -Builder shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by Design -Builder and incorporated in the Work. Design -Builder agrees to defend, indemnify and hold Owner harmless from all suits or claims for infringement of any patent rights or copyrights arising out of such selection. 2.4.2 Owner shall pay all royalties and license fees which may be due on the inclusion of any patented or copyrighted materials, methods or systems selected by Owner or specified in the Performance Criteria or bridging documents to be incorporated in the Work. Owner agrees to defend, indemnify and hold Design -Builder harmless from any suits or claims of infringement of any patent rights or copyrights arising out of any such patented or copyrighted materials, methods or systems specified by Owner. 2.5 Warranties and Completion 2.5.1 Design -Builder's warranty to Owner with respect to construction, including all materials and equipment furnished as part of the construction, shall be as specified in GC 2.9 ("Design -Builder's Warranty"). 2.5.2 Design -Builder's warranty to Owner with respect to the performance of the Facility upon completion shall be as specified in GC 2.11 ("Performance Warranty"). 2.5.3 Those products, equipment, systems or materials incorporated in the Work at the direction of or upon the specific request of Owner shall be covered exclusively by the warranty of the manufacturer. There are no warranties which extend beyond the description on the face thereof. WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-15 3/10/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.5.4 All other warranties, express or implied, including any warranty of merchantability and any warranty of fitness for a particular purpose are expressly disclaimed. 2.5.5 Design -Builder shall secure required certificates of inspection, testing or approval and deliver them to Owner. 2.5.6 Design -Builder shall collect all written warranties and equipment manuals and deliver them to Owner. 2.5.7 With the assistance of Owner's maintenance personnel, Design -Builder shall direct the checkout of utilities and operations of systems and equipment for readiness, and assist in their commissioning and initial start-up and testing, all in accordance with the Commissioning and Startup Manual to be provided by Design -Builder. 2.5.8 See Attachment G - Special Conditions I —16 2.6 Limitations of Liability 2.6.1 Limitation of Liability. Design -Builder's liability for Owner's damages for any cause or combination of causes (including any liquidated damages), whether based upon contract, tort, breach of warranty, negligence, strict liability, or otherwise, shall be limited as set forth in General Condition GC 2.11 ("Limitations of Liability") and Article 10 of the Agreement. 2.7 Additional Services Design -Builder shall provide or procure the following Additional Services upon the request of Owner unless such services are specifically included in the Owner's Program or in an attachment to this Agreement. A written agreement between Owner and Design -Builder shall define the extent of such Additional Services and compensation therefor. 2.7.1 Documentation of the Owner's Program, establishing the Project budget (beyond the Cost of the Work), investigating sources of financing, general business planning and other information and documentation as may be required to establish the feasibility of the Project. 2.7.2 Consultations, negotiations, and documentation supporting the procurement of Project financing. 2.7.3 Surveys, site evaluations, legal descriptions and aerial photographs. 2.7.4 Appraisals of existing equipment, existing properties, new equipment and developed properties. 2.7.5 Soils, subsurface and environmental studies, reports and investigations required for submission to governmental authorities or others having jurisdiction over the Project. 2.7.6 Consultations and representations other than normal assistance in securing building permits, before governmental authorities or others having jurisdiction over the Project. 2.7.7 Investigation or making measured drawings of existing conditions or the verification of drawings or other Owner -provided information. 2.7.8 Artistic renderings, models and mockups of the Project or any part of the Project or the Work. 2.7.9 Inventories of existing furniture, fixtures, furnishings and equipment which might be under consideration for incorporation into the Work. 2.7.10 Interior design and related services including procurement and placement of furniture, furnishings, artwork and decorations. WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-16 3/10/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.7.11 Malting revisions to the Preliminary Design, Design Development, or Construction Documents after they have been reviewed by Owner, and which are due to causes beyond the control of Design -Builder. 2.7.12 Design, coordination, management, expediting and other services supporting the procurement of materials to be obtained, or work to be performed, by Owner, including but not limited to telephone systems, computer wiring networks, sound systems, alarms, security systems and other specialty systems which are not a part of this Agreement. 2.7.13 Estimates, proposals, appraisals, consultations, negotiations and services in connection with the repair or replacement of an insured loss. 2.7.14 The premium portion of overtime work ordered by Owner including productivity impact costs. 2.7.15 Document reproduction exceeding the allowances provided for in this Agreement. 2.7.16 Obtaining service contractors and training maintenance personnel, assisting and consulting in the use of systems and equipment after the initial start up, and adjusting and balancing of systems and equipment. 2.7.17 Services for tenant or rental spaces or third -party facilities not a part of this Agreement. 2.7.18 Services requested by Owner or required by the Work which are not specified in the Contract Documents and which are not normally part of generally accepted design, construction and start-up and commissioning practice. 2.7.19 Serving or preparing to serve as an expert witness in connection with any proceeding, legal or otherwise, regarding the Project. 2.7.20 Preparing reproducible record drawings from marked -up prints, drawings or other documents that incorporate significant changes in the Work made during the Construction Phase. 2.8 Subcontractors. Work not performed by Design -Builder with its own forces shall be performed by Subcontractors. The provisions of this Agreement and the associated Contract Documents shall be incorporated into all major subcontracts as defined in "schedule of sub-consultant/minority business enterprise (MBE/WBE) participation. 2.8.1 Retaining Subcontractors Design -Builder shall not retain any Subcontractor to whom Owner has a reasonable and timely objection, provided that Owner agrees to compensate Design -Builder for any additional costs incurred by Design -Builder as provided in GC 2.7.3. Design -Builder shall not be required to retain any Subcontractor to whom Design -Builder has a reasonable objection. 2.8.2 Management of Subcontractors Design -Builder shall be responsible for the management of Subcontractors in the performance of their work. 2.8.3 Assignment of Subcontract Agreements Design -Builder shall provide for assignment of subcontract agreements in the event that Owner terminates this Agreement for cause as provided in GC 11.2 ("Owner's Right to Perform and Terminate for Cause"). Following such termination, Owner shall notify in writing those subcontractors whose assignments will be accepted, subject to the rights of sureties. 2.9 See Attachment F — Owner's Design -Build Criteria. Phase 2 Scope of Work WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-17 3/10/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE SECTION 3 OWNER'S RESPONSIBILITIES 3.1 Information and Services Provided by Owner 3.1.1 Owner shall provide full information regarding requirements for the Project, including the Owner's Program, Performance Criteria, bridging documents, and other relevant information, within the times specified in Attachment C, Schedule. 3.1.2 Owner shall provide: All necessary information describing the physical characteristics of the site, including surveys, site evaluations, legal descriptions, existing conditions, subsurface and environmental studies, utilities, reports and investigations; 2. Unless otherwise provided in the Contract Documents, necessary approvals, site plan review, rezoning, easements and assessments, necessary permits, fees and charges required for the construction, use, occupancy or renovation of permanent structures, including legal and other require services. 3.1.3 Design -Builder shall be entitled to rely on the completeness and accuracy of the information and services required by this Section 3.1. 3.2 Owner's Responsibilities during Phase 1 3.2.1 If not developed by Owner and Design -Builder under a prior agreement, Owner shall provide the Owner's Program at the inception of the Design Phase. Owner shall review and timely approve schedules, estimates, and design documents furnished during the Design Phase as set forth in Section 3.1. 3.2.2 Owner shall arrange for access to and make all provisions for Design -Builder to enter upon public and private property as required for Design -Builder to perform Phase 1 services hereunder. 3.2.3 Design -Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.2. Owner shall provide access to Owner's e -builder account for purposes of executing project management and reporting requirements. 3.3 Owner's Responsibilities during Phase 2 Design and Construction 3.3.1 Owner shall review and approve the Schedule as set forth in Attachment C, Schedule, as revised. 3.3.2 If Owner becomes aware of any error, omission or failure to meet the requirements of the Contract Documents or any fault or defect in the Work, Owner shall give written notice to Design -Builder within five (5) days of so becoming aware. 3.3.3 Unless otherwise agreed by Design -Builder, Owner shall communicate with Design -Builder's Subcontractors, Suppliers, and Design Consultants only through Design -Builder. Owner shall have no contractual obligations to Subcontractors or Suppliers or Design Consultants. 3.3.4 Owner may provide insurance for the Project as provided in Attachment E, Indemnity, Insurance & Bonding. 3.3.5 Owner shall provide timely, clear and adequate access to the site and any laydown areas. WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-18 3/10/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 3.3.6 Owner shall provide all equipment, materials, information, data, and approvals required for Design - Builder's performance of the Work in a timely and complete manner. 3.3.7 Design -Builder shall be entitled to rely on the completeness and accuracy of the information and documents to be provided by Owner under this Section 3.3. 3.4 Owner's Representative Owner's representative, designated in writing and agreed to by Design -Builder: shall be fully acquainted with the Project; agrees to furnish the information and services required of Owner when required so as not to delay the performance of the Work; and have authority to bind Owner in all matters requiring Owner's approval, authorization or written notice. If Owner changes its representative or the representative's authority as listed above, Owner shall notify Design -Builder in advance in writing. Design -Builder shall have the right to approve any successor representative. 3.5 City's Responsibilities 3.5.1 See Attachment G - Special Conditions 15 WDBC Document No. W-1702-2013 Attachment A — Scope of Work — LS317 Major Upgrade Page A-19 3/10/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT B COMPENSATION SECTION 1 PHASE 1 SERVICES — IN ACCORDANCE WITH ATTACHMENT A SCOPE OF WORK In accordance with the Design -Builder's proposal for Phase 1 Services dated XXXX XX, 2021, the total fee is .$ SECTION 2 CONTRACT PRICE FOR PHASE 2 SERVICES 1.0 Choice of Compensation Method for Phase 2 Services 1.1 The parties may elect to use the Guaranteed Maximum Price ("GMP") form of compensation for the Phase 2 Services, or a fixed Contract Price, or cost -reimbursable compensation with a Fixed Fee. If the GMP form of compensation is to be used, it may be agreed upon before the execution of this Agreement or will be developed and agreed upon for Phase 2 services. If the parties do not use a GMP, then the compensation to Design -Builder shall be a fixed Contract Price developed in accordance with Section 3.0, or shall be based on those fees and costs identified in Section4.0.) 2.0 Guaranteed Maximum Price The Guaranteed Maximum Price (GMP) will be developed as part of the Phase 1 services by the Design -Builder and submitted to the Owner for acceptance as part of the GMP deliverable package. 2.1 Use of a GMP Agreed upon Execution of this Agreement 2.1.1 Design -Builder agrees that upon Owner's request it will submit its proposal for the Contract Price on the basis of a Guaranteed Maximum Price for the Phase 2 Services. Design -Builder does not guarantee any specific line item provided as part of the GMP, but agrees that it will beresponsible for paying all costs of completing the Work which exceed the GMP, as adjusted in accordance with the Contract Documents. Documents used as a basis for the GMP shall be identified in an agreed revision to this Attachment. 2.1.2 The GMP will include an allowance within each work package or task order as determined by the Design -Builder and approved by the Owner when a maximum price for the work package or task order has been not been determined at time of GMP. This allowance will be used as the maximum value for the specific line item and all remaining funds within the work package or task order will revert to the Owner after the price is determined through competitive bidding or final pricing by the Design -Builder. If an allowance is not included within the work package or task order line, the agreed upon price is the maximum for that item. Any savings within the fixed price items will be included in the savings sharing formula specified in Section 2.3.1. . 2.1.3 If the parties so agree, the Phase 2 Services may be divided into separate work packages or task orders, and Design -Builder shall propose and Owner shall consider for acceptance a separate GMP for each such work package or task order. WDBC Document No. W-1703-2013 Attachment B — Compensation — LS317 Maior Unarade Page PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.2 GMP Established at the Commencement Date of Phase 2 2.2.1 GMP Proposal. If requested by Owner, Design -Builder shall submit to Owner a GMP Proposal for the Contract Price as part of the Phase 1 Services which shall include the following, unless the parties mutually agree otherwise: 1. A proposed GMP, which shall be the sum of- i. £ i. Design -Builder's Fee as defined in Section 2, Phase 2, of Attachment B, Compensation; ii. the estimated Cost of the Work as defined in Section 2, Phase 2, of Attachment B, Compensation, inclusive of any Design -Builder's allowance as defined in Section 1.1.2 above; and iii. if applicable, any prices established under Section 2, Phase 2, of Attachment B, Compensation. 2. A list of the drawings and specifications, including all addenda, used as the basis for the GMP proposal; 3. A list of the assumptions, exceptions, and clarifications made by Design -Builder in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; 4. The Scheduled Substantial Completion Date upon which the proposed GMP is based, to the extent said date has not already been established under Paragraph 5.2.1of the Agreement, and a schedule upon which the Scheduled Substantial Completion Date is based; 5. If applicable, a list of allowances and a statement of their basis; 6. If applicable, a schedule of alternate prices; 7. If applicable, a schedule of unit prices; 8. If applicable, a statement of Additional Services; and 9. The time limit for acceptance of the GMP Proposal. 10. Schedule of owner -direct purchase equipment for sales tax relief 2.2.2 Review and Adjustment to GMP Proposal. After submission of the GMP Proposal, Design - Builder and Owner shall meet to discuss and review the GMP Proposal. If Owner has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented, it shall promptly give written notice to Design -Builder of such comments or findings. If appropriate, Design -Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal. 2.2.3 Acceptance of GMP Proposal. If Owner accepts the GMP Proposal, as may it be amended by Design -Builder, the GMP and its basis shall be set forth in an amendment to this Agreement. 2.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design -Builder in writing on or before the date specified in the GMP Proposal that it accepts the GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: WDBC Document No. W-1703-2013 Attachment B — Compensation — LS317 Maior Unarade Page PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 1. Owner may suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design -Builder, the GMP Proposal shall be deemed accepted and the parties shall proceed in accordance with Section 2.2.3 above; 2. Owner may authorize Design -Builder to continue to proceed with the Work on the basis of reimbursement as provided in Section 2, Phase 2, of Attachment B, Compensation, without a GMP, in which care all references in this Agreement to the GMP shall not be applicable; or 3. Owner may terminate this Agreement for convenience in accordance with GC 9.2 ("Termination for Convenience"). If Owner fails to exercise any of the above options, Design -Builder shall have the right to (i) continue with the Work as if Owner had elected to proceed in accordance with Item .2 above, and be paid by Owner accordingly, unless and until Owner notifies it in writing to stop the Work, or (ii) suspend performance of Work in accordance with GC 9.4 ("Design -Builder's Right to Stop Work"). 2.2.5 Conversion. The parties may agree at any time to convert the agreed GMP to a Fixed Contract Price for the completion of the Phase 2 Services. 2.3 Savings 2.3.1 Savings Sharing. If the sum of the actual Cost of the Work and Design -Builder's Fee (and, if applicable, any prices established under Paragraph 6.2 of the Agreement) is less than the GMP, as such GMP may have been adjusted over the course of the Project, the difference ("Savings") shall be shared as follows: FortX liercent (40%1 to Design -Builder and Sixtv�nercent (60%) to Owner. The Design Builder shared savings shall not exceed Thirty Thousand 030.000.00). 2.3.2 Savings Calculation. Savings shall be calculated and paid as part of Final Payment under Section 7.4 of the Agreement, with the understanding that to the extent Design -Builder incurs costs after Final Completion which would have been payable to Design -Builder as a Cost of the Work, Design - Builder shall be entitled to payment from Owner for that portion of such costs that were distributed to Owner as Savings. 2.4 Basis. Documents used as a basis for the GMP shall be identified in a mutually agreed revision to this Attachment. 3.0 Fixed Contract Price 3.1 If the parties initially agree that the Phase 2 Services shall be performed on the basis of a Fixed Contract Price, then the Design -Builder shall develop the proposed Contract Price on an "open book" basis and present it to Owner for review and approval. 3.2 Once the Fixed Contract Price is agreed, then this Agreement shall be amended to establish the Fixed Contract Price as the basis for the performance of the Phase 2 Services. 4.0 Cost Reimbursable plus Design -Builder's Fee 4.1 If the parties agree that the Phase 2 Services shall be performed on a Cost Reimbursable basis plus a Fixed Design -Builder's Fee, then the Design -Builder shall develop an estimated Contract Price on an "open book" basis and present it to Owner for review and approval. 4.2 The cost -reimbursable elements of the Work shall be those set forth in Section 4.4 ("Cost of the Work"). WDBC Document No. W-1703-2013 Attachment B — Compensation — LS317 Maior Unarade Page PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 4.3 Design -Builder's Fee shall be: Six percent (6%) of the Cost of the Work, as adjusted in accordance with Section 2.1.2 above. 4.3.1 Design -Builder's Fee will be adjusted as follows for any changes in the Work - Same as 4.3 above. 4.4 Cost of the Work. The term "Cost of the Work" shall mean costs reasonably incurred by Design -Builder in the proper performance of the Work. The Cost of the Work shall include only the following: 1. Wages of direct employees of Design -Builder performing the Work at the Site or, with Owner's agreement, at locations off the Site, provided, however, that the costs for those employees of Design -Builder performing design services shall be calculated on the basis of prevailing market rates for design professionals performing such services or, if applicable, those rates set forth in an exhibit to this Agreement. 2. Wages or salaries of Design -Builder's supervisory and administrative personnel engaged in the performance of the Work and who are located at the Site or working off -Site to assist in the production or transportation of material and equipment necessary for the Work. 3. Wages or salaries of Design -Builder's personnel stationed at Design -Builder's principal or branch offices and performing design and Project administration functions. However such costs shall be excluded from fee as listed in Section 4.3 above. 4. Costs incurred by Design -Builder for employee benefits, premiums, taxes, insurance, contributions and assessments required by law, collective bargaining agreements, or which are customarily paid by Design -Builder, to the extent such costs are based on wages and salaries paid to employees of Design -Builder covered under Paragraphs 2.2.1 through 2.2.3 hereof. 5. The reasonable portion of the cost of travel, accommodations and meals for Design - Builder's personnel necessarily and directly incurred in connection with the performance of the Work. 6. Payments properly made by Design -Builder to Subcontractors and Design Consultants for performance of portions of the Work, including any insurance and bond premiums incurred by Subcontractors and Design Consultants. 7. Costs incurred by Design -Builder in repairing or correcting defective, damaged or nonconforming Work, provided that such defective, damaged or nonconforming Work was beyond the reasonable control of Design -Builder, or caused by the ordinary mistakes or inadvertence, and not the negligence, of Design -Builder or those working by or through Design -Builder. If the costs associated with such defective, damaged or nonconforming Work are recoverable from insurance, Design -Builder shall use its best efforts to obtain recovery from the appropriate source and credit Owner if recovery is obtained. 8. Costs, including transportation, inspection, testing, storage and handling, of materials, equipment and supplies incorporated or reasonably used in completing the Work. 9. Costs less salvage value of materials, supplies, temporary facilities, machinery, vehicles, equipment and hand tools not customarily owned by the workers that are not fully consumed in the performance of the Work and which remain the property of Design - Builder, including the costs of transporting, inspecting, testing, handling, installing, maintaining, dismantling and removing such items. 10. Costs of removal of debris and waste from the Site. WDBC Document No. W-1703-2013 Attachment B — Compensation — LS317 Maior Unarade Page PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 11. The reasonable costs and expenses incurred in establishing, operating and demobilizing the Site office, including the cost of facsimile transmissions, long-distance telephone calls, postage and express delivery charges, telephone service, photocopying and reasonable petty cash expenses. 12. Rental charges and the costs of transportation, installation, minor repairs and replacements, dismantling and removal of temporary facilities, machinery, equipment and hand tools not customarily owned by the workers, which are provided by Design -Builder at the Site, whether rented from Design -Builder or others, and incurred in the performance of the Work. 13. Premiums for insurance and bonds required by this Agreement or the performance of the Work, however such costs shall be excluded from fee as listed in Section 4.3 above. 14. All fuel and utility costs incurred in the performance of the Work. 15. Sales, use or similar taxes, tariffs or duties incurred in the performance of the Work. 16. Legal costs, court costs and costs of mediation and arbitration reasonably arising from Design -Builder's performance of the Work, provided such costs do not arise from disputes between Owner and Design -Builder. 17. Costs for permits, royalties, licenses, tests and inspections incurred by Design -Builder as a requirement of the Contract Documents. 18. The cost of defending suits or claims for infringement of patent rights arising from the use of a particular design, process, or product required by Owner, paying legal judgments against Design -Builder resulting from such suits or claims, and paying settlements made with Owner's consent. 19. Deposits which are lost, except to the extent caused by Design -Builder's negligence. 20. Costs incurred in preventing damage, injury or loss in case of an emergency affecting the safety of persons and property. 21. Other costs reasonably and properly incurred in the performance of the Work to the extent approved in writing by Owner. 4.5 Non -Reimbursable Costs The following shall be excluded from the Cost of the Work: 1. Compensation for Design -Builder's personnel stationed at Design -Builder's principal or branch offices, except as provided for in Paragraphs 4.4.1, 4.4.2 and 4.4.3, hereof. 2. Overhead and general expenses, except as provided for in Section 4.4.2 hereof, or which may be recoverable for changes to the Work. 3. The cost of Design -Builder's capital used in the performance of the Work. 4.6 Contract Price The Contract Price shall be the sum of the Design -Builder's Fee under Section 4.3 plus the amount agreed between Owner and Design -Builder for the Cost of the Work under Section 4.4. When agreed, the Contract Price is stated to be: Dollars (S ). 4.7 Establishment of Guaranteed Maximum Price see Attachment G - Special Conditions 17. WDBC Document No. W-1703-2013 Attachment B — Compensation — LS317 Maior Unarade Page PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT C SCHEDULE SECTION 1 PHASE 1 1.0 The schedule provided as part of the proposal dated XXXX XX, 2021 by the Design -Builder for the Phase I Services shall be adhered to following issuance of Notice to Proceed by the Owner. SECTION 1 PHASE 2 1.0 Phase 2 Schedule will be included with the GMP deliverable package. WDBC Document No. W-1704-2013 Attachment C — Schedule — LS317 Major Upgrade Page C-25 3/10/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT D GENERAL CONDITIONS GC 1.0 General 1.1 Mutual Obligations 1.1.1 Owner and Design -Builder agree to cooperate fully with each other at all time, to permit each party to realize the benefits afforded under the Contract Documents. 1.1.2 These General Conditions ("GC") may be supplemented, varied, or revised through Supplementary Conditions ("SC"), as attached. 1.2 Basic Definitions 1.2.1 Agreement refers to the executed contract between Owner and Design -Builder with respect to the Project 1.2.2 Bonus Date has the meaning given in Section 5.5 of the Agreement. 1.2.3 Change in Law has the meaning given in GC 8.1.2. 1.2.4 Changed Condition has the meaning given in GC 8.1. 1.2.5 Change Order has the meaning given in GC 7.1. 1.2.6 Construction Warranty has the meaning given in GC 2.9. 1.2.7 Construction Warrantv Period is that period specified in GC 2.10.1. 1.2.8 Contract Documents has the meaning given in Section 2.1 of the Agreement. 1.2.9 Contract Price has the meaning given in Section 6.2 of the Agreement and Section 2, Phase 2, of Attachment B, Compensation. 1.2.10 Contract Times) shall mean the times for performance of the Work by Design -Builder and the delivery of items and approvals by Owner set forth in Article 5 ("Contract Time") of the Agreement and Attachment C, Schedule. 1.2.11 Day or Days shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.2.12 Design Build Fee shall mean the percentage as set forth in Attachment B 4.3 of this contract. 1.2.13 Design Consultant, if any, is a qualified, licensed design professional who is not an employee of Design -Builder, but is retained by Design -Builder, or employed or retained by anyone under contract with Design -Builder or Subcontractor, to furnish design services required under the Contract Documents. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-26 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 1.2.14 Design Criteria means those documents which define the Owner's criteria for the scope, quality, and function of the proposed facility, and which may be expanded to outline Owner's project cost limitations and schedule requirements. 1.2.15 Differing Site Conditions has the meaning given in GC 4.2.1. 1.2.16 Early Completion Bonus has the meaning given in Section 5.5 of the Agreement. 1.2.17 Electronic Data has the meaning given in GC 11.1.1. 1.2.18 Extended Performance Warraniy is Design -Builder's warranty under GC 2.11.2 that the completed Facility shall be capable of meeting the Performance Standards in Attachment F throughout the Performance Warranty Period. 1.2.19 Project is the physical facility to be designed and constructed for Owner as defined by the scope and contract documents. 1.2.20 Project Performance Criteria means the Owner's criteria for the performance of the project as described in Attachment H Phase 1 Design Development. 1.2.21 Final Acceptance of the Project shall be deemed to have occurred upon final payment pursuant to GC 5.8. 1.2.22 General Conditions refer to this Attachment D, General Conditions. 1.2.23 Hazardous Conditions are any materials, wastes, substances and chemicals deemed hazardous under applicable Legal Requirements, or which handling, storage, remediation, or disposal applicable Legal Requirements regulate. 1.2.24 Hazardous Materials has the meaning given in Section 2.3 of Attachment A, Scope of Work. 1.2.25 Indemnified Parties, with respect to Work Product, has the meaning given in Section 9.1 of the Agreement. 1.2.26 Legal Requirements are all federal, state and local laws, codes, ordinances, rules, regulations, orders and decrees of any government or quasi -government entity having jurisdiction over the Project or Site, the practices involved in the Project or Site, or any Work which are applicable as of the date of Design -Builder's proposal to Owner, and, subject to the Change in Law provisions of GC8 1.2, which become applicable during the Contract Time. 1.2.27 Liquidated Damages means such damages as maybe assessed under Section 5.4 of the Agreement. 1.2.28 Liquidated Damages Date has the meaning given in Section 5.4 of the Agreement. 1.2.29 Manuals means the Commissioning and Startup Manual and the Operations and Maintenance Manual and such other manuals as the parties may agree to be provided. 1.2.30 Open Book Pricing- The method in which the design -build firm provides the Owner, at the Owner's request, all books, records, documents, contracts, subcontracts, purchase orders, and other data in its possession pertaining to the bidding, pricing, or performance of a contract for design -build services awarded to the design -build firm with the exception of proprietary information. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-27 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 1.2.31 Owner's Program means the overall definition of Owner's requirements for the Project, including Owner's Project Criteria, all materials, equipment and other items to be provided by Owner, and all items to be provided by third parties. 1.2.32 Owner's Project Criteria are developed by or for Owner to describe Owner's Program requirements and objectives for the Project, including use, space, price, time, site and expandability requirements, as well as submittal requirements and other requirements governing Design -Builder's performance of the Work. Owner's Project Criteria may include conceptual documents, Design Criteria, Facility Performance Criteria, performance test, wage rate requirements, MBE/WBE requirements, and other Project -specific technical materials and requirements. 1.2.33 Owner's Representative means the individual selected and authorized by Owner to act upon Owner's behalf with respect to Design -Builder and the performance of this Agreement, in accordance with GC 3.4, and identified by Owner in writing within ten (10) days of execution of this Agreement. 1.2.34 Performance Warranty has the meaning given in GC 2.11. 1.2.35 Project is the design and construction of the Owner's Facility, including start-up, testing and the provision of manuals, warranties, as -built drawings and specifications, spare parts, and all other items required to be provided under this Agreement. 1.2.36 Schedule means that Schedule for the performance of the Work in accordance with the Contract Time(s) set forth in Attachment C, Schedule, as revised from time to time. 1.2.37 Site is the land or premises on which the Project is located, including any separate laydown or storage areas. 1.2.38 Subcontractor is any person or entity retained by Design -Builder as an independent contractor to perform a portion of the Work and shall include materialmen and suppliers. 1.2.39 Sub -Subcontractor is any person or entity retained by a Subcontractor as an independent contractor to perform any portion of a Subcontractor's Work and shall include materialmen and suppliers. 1.2.40 Substantial Completion is the date on which the Work, or an agreed upon portion of the Work, is sufficiently complete so that Owner can occupy and use the Project or a portion thereof for its intended purposes. 1.2.41 Certificate of Substantial Completion is that Certificate issued by Owner to Design -Builder pursuant to GC 5.7.1. 1.2.42 Uncontrollable Circumstances are those acts, omissions, conditions, events, or circumstances beyond the control of Design -Builder and due to no fault of its own or those for whom Design - Builder is responsible. By way of example (and not limitation), Uncontrollable Circumstances include acts or omissions of Owner or anyone under Owner's control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, wars, floods, labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather conditions not reasonably anticipated, and other circumstances beyond the reasonable control of the party affected. WDBC Document No. W-1705-2013 Attachment D — General Conditions — LS317 Major Upgrade Page D-28 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 1.2.43 Work is comprised of all Design -Builder's design, construction, start-up, testing, warranty, and other services required to by the Contract Documents, including procuring and furnishing all materials, equipment, services and labor reasonably inferable from the Contract Documents, plus manuals and documentation required by the Contract Documents. 1.2.44 Direct Owner Purchases is a procedure used by the City to make direct purchases of any materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue purchase orders for materials to either the Contractor's/Design-Build Team or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. GC 2.0 Design -Builder's Services and Responsibilities 2.1 General Services 2.1.1 Design -Builder's Representative shall be reasonably available to Owner and shall have the necessary expertise and experience required to supervise the Work. Design -Builder's Representative shall communicate regularly with Owner and shall be vested with the authority to act on behalf of Design -Builder. Design -Builder's Representative may be replaced only with the mutual agreement of Owner and Design -Builder. 2.1.2 Design -Builder shall provide Owner on a monthly basis a status report detailing the progress of the Work, including whether (i) the Work is proceeding according to schedule, (ii) discrepancies, conflicts, or ambiguities exist in the Contract Documents that require resolution, (iii) health and safety issues exist in connection with the Work, (iv) other items require resolution so as not to jeopardize Design -Builder's ability to complete the Work for the Contract Price and within the Contract Time(s), and (v) such other items as Owner may reasonably require. 2.1.3 Design -Builder shall prepare and submit, at least three (3) days prior to the meeting contemplated by GC 2.1.4, a preliminary schedule for the execution of the Work for Owner's review and response. The schedule shall indicate the dates for the start and completion of the various stages of Work, including the dates when Owner information and approvals are required to enable Design -Builder to achieve the Contract Time(s). When agreed between the parties, such schedule shall be attached hereto as Attachment C, Schedule. The Schedule shall be revised as required by conditions and progress of the Work, but such revisions shall not relieve Design -Builder of its obligations to complete the Work within the Contract Time(s), as such, dates may be adjusted in accordance with the Contract Documents. Owner's review of and response to the Schedule shall not be construed as relieving Design -Builder of its complete and exclusive control over the means, methods, sequences and techniques for executing the Work. 2.1.4 The parties will meet, within seven (7) days after execution of the Agreement, to discuss issues affecting the administration of the Work and to implement the necessary procedures, including those relating to submittals, review and approval tum -around times contained in the Schedule, and payment, to facilitate the ability of the parties to perform their obligations under the Contract Documents. 2.1.5 At the completion of Phase 1 Services, the parties may agree upon a revised Schedule to reflect the intended scope of Phase 2 Services and as the basis for the Contract Price to be agreed for the Phase 2 services. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-29 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.2 Design Professional Services 2.2.1 Design -Builder shall, consistent with applicable state licensing laws, provide through qualified, licensed design professionals employed by Design -Builder, or procured from a qualified, independent licensed Design Consultant, the necessary design services, including architectural, engineering and other design professional services, for the preparation of the required drawings, specifications and other design submittals to permit Design -Builder to complete the Work consistent with the Contract Documents. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any independent Design Consultant. Construction engineering and inspection associated with the construction of this portion on the projects will be required. 2.3 Standard of Care for Design Professional Services 2.3.1 The standard of care for all design professional services performed to execute the Work shall be the care and skill ordinarily used by members of the design profession practicing under similar conditions at the same time and locality of the Project. Design -Builder, its Design Consultants, and its Subcontractors may reasonably rely on the accuracy and completeness of Owner's Project Criteria. 2.4 Design Development Services 2.4.1 Design -Builder and Owner shall, consistent with any applicable provision of the Contract Documents, agree upon any interim design submissions that Owner may wish to review, which interim design submissions may include design criteria, drawings, diagrams and specifications setting forth the Project requirements. Such agreement may specify the percentage completion of the design documents to be submitted for such review and comment. On or about the time of the scheduled submissions, Design -Builder and Owner shall meet and confer about the submissions, with Design -Builder identifying during such meetings, among other things, the evolution of the design and any significant changes or deviations from the Contract Documents, or, if applicable, previously submitted design submissions. Minutes of the meetings will be maintained by Design - Builder and provided to all attendees for review. Following the design review meeting, Owner shall review and comment on the interim design submissions in a time frame that is consistent with the turnaround times set forth in the Schedule. 2.4.2 Design -Builder shall submit to Owner Construction Documents setting forth in detail drawings and specifications describing the requirements for construction of the Work. The Construction Documents shall be consistent with the latest set of interim design submissions; as such, submissions may have been modified in a design review meeting. The parties shall have a design review meeting to discuss, and Owner shall review and may comment on the Construction Documents in accordance with the procedures set forth GC 2.4.1. Design -Builder shall proceed with construction in accordance with the approved Construction Documents and shall submit one set of approved Construction Documents to Owner prior to commencement of construction. 2.4.3 Owner's review and approval of interim design submissions and the Construction Documents is for mutually establishing a conformed set of Contract Documents compatible with the requirements of the Work. Neither Owner's review nor approval of any interim design submissions and Construction Documents shall be deemed to transfer any design liability from Design -Builder to Owner. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-30 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.4.4 To the extent not prohibited by the Contract Documents or Legal Requirements, Design -Builder may prepare interim design submissions and Construction Documents for a portion of the Work to permit construction to proceed on that portion of the Work prior to completion of the Construction Documents for the entire Work. 2.5 Legal Requirements 2.5.1 Design -Builder shall perform the Work in accordance with all Legal Requirements and shall provide all notices applicable to the Work as required by the Legal Requirements. 2.5.2 The Contract Price and/or Contract Time(s) shall be adjusted to compensate Design -Builder for the effects of any changes in the Legal Requirements enacted after the date of the Agreement affecting the performance of the Work. Such effects may include, without limitation, revisions Design - Builder is required to make to the Construction Documents because of changes in Legal Requirements. 2.6 Government Approvals and Permits 2.6.1 Except as identified in Attachment F, Owner's Permit List, Design -Builder shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees required for the prosecution of the Work by any government or quasi -government entity having jurisdiction over the Project. 2.6.2 Design -Builder shall provide reasonable assistance to Owner in obtaining those permits, approvals and licenses that are Owner's responsibility. 2.7 Design -Builder's Phase 2 Construction Services 2.7.1 Unless otherwise provided in the Contract Documents to be the responsibility of Owner or a separate contractor, Design -Builder shall provide through itself or Subcontractors the necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities and other temporary facilities to permit Design -Builder to complete construction of the Project consistent with the Contract Documents. 2.7.2 Design -Builder shall perform all construction activities efficiently and with the requisite skill and exercise complete and exclusive control over the means, methods, sequences and techniques of construction. 2.7.3 Design -Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design - Builder's selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner's decision impacts Design -Builder's cost and/or time of performance. 2.7.4 Design -Builder assumes responsibility to Owner for the proper performance of the Work of Subcontractors and any acts, errors or omissions in connection with such performance. Nothing in the Contract Documents is intended or deemed to create any legal or contractual relationship between Owner and any Subcontractor or Sub -Subcontractor, including but not limited to any third - party beneficiary rights. 2.7.5 Design -Builder shall coordinate the activities of all Subcontractors. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-31 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.7.6 If Owner performs other work on the Project or at the Site with separate contractors under Owner's control, Design -Builder agrees to reasonably cooperate and coordinate its activities with those ofsuch separate contractors so that the Project can be completed in an orderly and coordinated manner without unreasonable disruption. Unreasonable disruption or interference by Owner's separate contractors may result in a request for a Contract Adjustment under GC 8.1.3. 2.7.7 Design -Builder shall keep the Site reasonably free from debris, trash and construction wastes to permit Design -Builder to perform its construction services efficiently, safely and without interfering with the use of adjacent land areas. 2.7.8 Upon Substantial Completion of the Work, or a portion of the Work, Design -Builder shall remove all debris, trash, construction wastes, materials, equipment, machinery and tools arising from the Work or applicable portions thereof to permit Owner to occupy the Project or a portion of the Project for its intended use. Such partial occupancy or use may commence whether or not the portion is substantially complete, provided the Owner and Contractor have accepted in writing the responsibilities assigned to each of them for payments, retainage, if any, security, maintenance, heat, utilities, damage to the Work and insurance, and have agreed in writing concerning the period for correction of the Work and commencement of warranties required by the Contract Documents. 2.8 Design -Builder's Responsibility for Project Safety 2.8.1 Design -Builder recognizes the importance of performing the Work in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off -Site, and (iii) all other property at the Site or adjacent thereto. Design -Builder assumes responsibility for implementing and monitoring all safety precautions and programs related to the performance of the Work. Design -Builder shall, prior to commencing construction, designate a Safety Representative with the necessary qualifications and experience to supervise the implementation and monitoring of all safety precautions and programs related to the Work, and shall develop a Project Safety Program, which shall be implemented at the Project Site during the performance of the Work. Unless otherwise required by the Contract Documents, Design -Builder's Safety Representative shall be an individual stationed at the Site who may have responsibilities on the Project other than safety. The Safety Representative shall make routine daily inspections of the Site and shall hold weekly safety meetings with Design -Builder's personnel, Subcontractors and others as applicable. 2.8.2 Design -Builder and Subcontractors shall comply with all Legal Requirements relating to safety, as well as any Owner -specific safety requirements set forth in the Contract Documents and incorporated into the Project Safety Program, provided that such Owner -specific requirements do not violate any applicable Legal Requirement. Design -Builder will immediately report in writing any safety-related injury, loss, damage or accident arising from the Work to Owner's Representative and, to the extent mandated by Legal Requirements, to all government or quasigovernment authorities having jurisdiction over safety-related matters involving the Project or the Work. 2.8.3 Design -Builder's responsibility for safety under this GC 2.8 is not intended in any way to relieve Subcontractors and Sub -Subcontractors of their own contractual and legal obligations and responsibility for (i) complying with all Legal Requirements, including those related to health and safety matters, and (ii) taking all necessary measures to implement and monitor all safety precautions and programs to guard against injury, losses, damages or accidents resulting from their performance of the Work. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-32 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 2.8.4 Owner shall require that its officers, employees, guests, visitors, and other contractors entering the Project Site comply with the Project Safety Program then in effect. 2.9 Construction Warranty 2.9.1 Design -Builder warrants to Owner that the construction, including all materials and equipment furnished as part of the construction, shall be new unless otherwise specified in the Contract Documents, of good quality, in conformance with the Contract Documents and free of defects in materials and workmanship. Design -Builder's warranty obligation excludes defects caused by abuse, alterations, or failure to maintain the Work by persons other than Design -Builder or anyone for whose acts Design -Builder may be liable. 2.9.2 Nothing in this warranty is intended to limit any manufacturer's warranty which provides Owner with greater warranty rights than set forth in this GC 2.9 or the Contract Documents. Design - Builder will provide Owner with all manufacturers' warranties upon Substantial Completion. 2.10 Correction of Defective Work 2.10.1 Construction Warranty Period. Design -Builder agrees to correct any Work that is found not to be in conformance with the Contract Documents, including that part of the Work subject to GC2.9, within a period of one (1) year from the date of Final Completion of the Work or any portion of the Work, or within such longer period to the extent required by the Contract Documents. 2.10.2 Correction of Non -Conforming Work. Design -Builder shall, within seven (7) days of receipt of written notice from Owner that the Work is not in conformance with the Contract Documents, take meaningful steps to commence correction of such nonconforming Work, including the correction, removal or replacement of the nonconforming Work and any damage caused to other parts of the Work affected by the nonconforming Work. If Design -Builder fails to commence the necessary steps within such seven (7) day period, Owner may, in addition to any other remedies provided under the Contract Documents provide Design -Builder with written notice that Owner will commence correction of such nonconforming Work with its own forces. If Owner does perform such corrective Work, Design -Builder shall be responsible for all reasonable costs incurred by Owner in performing such correction. If the nonconforming Work creates an emergency requiring an immediate response, the seven (7) day periods identified herein shall be deemed inapplicable. 2.10.3 The one (1) year period referenced in GC 2.1 0.1 applies only to Design -Builder's obligation to correct nonconforming Work and is not intended to constitute a period of limitations for any other rights or remedies Owner may have regarding Design -Builder's other obligations under the Contract Documents. GC 3.0 Owner's Services and Responsibilities 3.1 Duty to Cooperate 3.1.1 Owner shall, throughout the performance of the Work, cooperate with Design -Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design -Builder's timely and efficient performance of the Work and so as not to delay or interfere with Design -Builder's performance of its obligations under the Contract Documents. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-33 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 3.1.2 Owner shall provide reviews and approvals of interim design submissions and Construction Documents consistent with the tum -around times set forth in the Schedule. Owner's review does not constitute acceptance of design errors or omissions, nor transfer design liability to Owner for the same. 3.2 Furnishing of Services and Information 3.2.1 Unless expressly stated to the contrary in the Contract Documents, Owner shall provide, at its own cost and expense, for Design -Builder's information and use the following, all of which Design - Builder is entitled to rely upon in performing the Work: 1. Surveys describing the property boundaries, topography and reference points for use during construction, including existing service and utility lines. 2. Geotechnical studies describing subsurface conditions, and other surveys describing other latent or concealed physical conditions at the Site. 3. Temporary and permanent easements, zoning and other requirements and encumbrances affecting land use, or necessary to permit the proper design and construction of the Project, access to the Site and any off-site storage or lay -down areas, and to enable Design -Builder to perform the Work. 4. A legal description of the Site. 5. To the extent available, as -built and record drawings of any existing structures and utilities at the Site; and 6. To the extent available, environmental studies, reports and impact statements describing the environmental conditions, including Hazardous Conditions, in existence at the Site. 3.2.2 Owner is responsible for securing and executing all necessary agreement with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. Owner is further responsible for all costs, including attorneys' fees, incurred in securing these necessary agreements. 3.3 Financial Information 3.3.1 Design -Builder shall cooperate with the reasonable requirements of Owner's lenders or other financial sources. 3.3.2 Notwithstanding the preceding sentence, after execution of the Agreement Design -Builder shall have no obligation to execute for Owner or Owner's lenders or other financial sources any documents or agreements that require Design -Builder to assume obligations or responsibilities greater than those existing obligations Design -Builder has under the Contract Documents. 3.3.3 Design -Builder shall not be required as a condition of award or contract to waive or subordinate its mechanic's lien rights, if any, to Owner's construction lender(s). 3.4 Owner's Representative 3.4.1 Owner's Representative shall be responsible for providing Owner -supplied information and approvals in a timely manner to permit Design -Builder to fulfill its obligations under the Contract Documents. Owner's Representative shall also provide Design -Builder with prompt notice if it observes any failure on the part of Design -Builder to fulfill its contractual obligations, including any errors, omissions or defects in the performance of the Work. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-34 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 3.4.2 If Owner retains a third party as Owner's Engineer or Owner's Program Manager, separately from Owner's Representative, then Owner shall designate such third party in writing to Design -Builder, together with a statement of the respective roles, responsibility, and authority of each such party with respect to the administration of the contract, the approval of drawings and specifications, the issuance of instructions and change orders, the resolution of disputes, and the relative priority of the authority of such parties. 3.5 Government Approvals and Permits 3.5.1 Owner shall obtain and pay for all necessary permits, approvals, licenses, government charges and inspection fees set forth in the Owner's Permit List attached as part of Attachment F, 3.5.2 Owner shall provide reasonable assistance to Design -Builder in obtaining those permits, approvals and licenses that are Design -Builder's responsibility. 3.6 Owner's Separate Contractors 3.6.1 Owner is responsible for all work performed on the Project or at the Site by separate contractors under separate agreements with Owner. Owner shall contractually require its separate contractors to cooperate with, and coordinate their activities so as not to interfere with, Design -Builder in order to enable Design -Builder to timely complete the Work consistent with the Contract Documents. 3.6.2 Owner recognizes the importance that all work performed on the Project or at the Site by separate contractors under separate agreements with Owner is performed in a safe manner so as to prevent damage, injury or loss to (i) all individuals at the Site, whether working or visiting, (ii) the Work, including materials and equipment incorporated into the Work or stored on -Site or off -Site, and (iii) all other property at the Site or adjacent thereto. Owner shall require such separate contractors to assume responsibility for implementing and monitoring all safety precautions and programs related to the performance of their work. GC 4.0 Hazardous Conditions and Differing Site Conditions 4.1 Hazardous Conditions 4.1.1 Unless otherwise expressly provided in the Contract Documents to be part of the Work, Design - Builder is not responsible for any Hazardous Conditions encountered at the Site. Upon encountering any Hazardous Conditions, Design -Builder will stop Work immediately in the affected area and duly notify Owner and, if required by Legal Requirements, all government or quasi -government entities with jurisdiction over the Project or Site. 4.1.2 Upon receiving notice of the presence of suspected Hazardous Conditions, Owner shall take the necessary measures required to ensure that the Hazardous Conditions are remediated or rendered harmless. Such necessary measures shall include Owner retaining qualified independent experts to (i) ascertain whether Hazardous Conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Owner must take to either remove the Hazardous Conditions or render the Hazardous Conditions harmless. 4.1.3 Design -Builder shall be obligated to resume Work at the affected area of the Project only after Owner's expert provides it with written certification that (i) the Hazardous Conditions have been WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-35 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi -government entities having jurisdiction over the Project or Site. 4.1.4 Design -Builder will be entitled, in accordance with these General Conditions, to an equitable adjustment in its Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance have been adversely impacted by the presence of Hazardous Conditions. 4.1.5 To the fullest extent permitted by law, Owner shall defend, indemnity and hold harmless Design Builder, Design Consultants, Subcontractors and Subcontractors, and the agents, officers, directors and employees of each of them, from and against any and all claims, damages, losses, costs and expenses, whether direct, indirect or consequential, including but not limited to attorney's fees, costs and expenses incurred in connection with litigation or arbitration, arising out of or relating to the performance of the Work in any area affected by Hazardous Material. To the fullest extent permitted by law, such indemnification shall apply regardless of the fault, negligence, breach of warranty or contract, or strict liability of the indemnitee. 4.1.6 Notwithstanding the preceding provisions of this GC 4. 1, Owner is not responsible for Hazardous Conditions introduced to the Site by Design -Builder, Design Consultants, Subcontractors or anyone for whose acts they may be liable. Design -Builder shall indemnify, defend and hold harmless Owner and Owner's officers, directors, employees and agents from and against all claims, losses, damages, liabilities and expenses, including attorneys' fees and expenses, arising out of or resulting from those Hazardous Conditions introduced to the Site by the parties identified in the first sentence of this GC 4.1.6. 4.1.7 The terms of this GC 4.1 shall survive the completion of the Work under this Agreement and/or any termination of this Agreement. 4.2 Differing Site Conditions 4.2.1 Concealed or latent physical conditions or subsurface conditions at the Site that (i) materially differ from the conditions indicated in the Contract Documents or (ii) are of an unusual nature, or (iii) differing materially from the conditions ordinarily encountered and generally recognized as inherent in the Work, are collectively referred to herein as "Differing Site Conditions." If Design - Builder encounters a Differing Site Condition, Design -Builder will be entitled to an equitable adjustment in the Contract Price and/or Contract Time(s) to the extent Design -Builder's cost and/or time of performance are adversely impacted by the Differing Site Condition. 4.2.2 Upon encountering a Differing Site condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than seven (7) days after such condition has been encountered. Design -Builder shall, to the extent reasonably possible, provide suchnotice before the Differing Site Condition has been substantially disturbed or altered. 5.0 Payment 5.1 Payment for Phase 1 Services 5.1.1 Design -Builder will submit an Application for Payment to Owner each month covering Phase 1 services performed to date. Each Application for Payment will be prepared in the standard form agreed to by the parties and supported by required documentation. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-36 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 5.2 Schedule of Values for Phase 2 Services 5.2.1 Within ten (10) days of the Commencement Date, Design -Builder shall submit for Owner's review and approval a schedule of values for Phase 2 of the Work. The Schedule of Values will (i) subdivide the Work into its respective parts; (ii) include values for all items comprising the Work and (iii) serve as the basis for monthly progress payments made to Design -Builder throughout the Work. 5.3 Monthly Progress Payments 5.3.1 On or before the date established in the Agreement, Design -Builder shall submit for Owner's review and approval its Application for Payment requesting payment for all Work performed as of the date of the Application for Payment. The Application for Payment shall be accompanied by all supporting documentation required by the Contract Documents and/or established at the meeting required by GC 2.1.4. 5.3.2 The Application for Payment may request payment for equipment and materials not yet incorporated into the Project, provided that (i) Owner is satisfied that the equipment and materials are suitably stored at either the Site or another acceptable location, (ii) the equipment and materials are protected by suitable insurance and (iii) upon payment, Owner will receive the equipment and materials free and clear of all liens and encumbrances. 5.3.3 The Application for Payment shall constitute Design -Builder's representation that the Work has been performed consistent with the Contract Documents, has progressed to the point indicated in the Application for Payment, and that title to all Work will pass to Owner free and clear of all claims, liens, encumbrances, and security interests upon the incorporation of the Work into the Project, or upon Design -Builder's receipt of payment, whichever occurs earlier. 5.4 Withholding of Payments; Payment of Undisputed Amounts 5.4.1 On or before the date established in the Agreement, Owner shall pay Design -Builder all amounts properly due, including the release of retention under Section 7.3.1 of the Agreement. If Owner determines that Design -Builder is not entitled to all or part of an Application for Payment, it will notify Design -Builder in writing at least five (5) days prior to the date payment is due. The notice shall indicate the specific amounts Owner intends to withhold, the reasons and contractual basis for the withholding, and the specific measures Design -Builder must take to rectify Owner's concerns. Design -Builder and Owner will attempt to resolve Owner's concerns prior to the date payment is due. If the parties cannot resolve such concerns, Design -Builder may pursue its rights under the Contract Documents, including those under GC 8.0. 5.4.2 Notwithstanding anything to the contrary in the Contract Documents, Owner shall pay Design - Builder all undisputed amounts in an Application for Payment within the times required by the Agreement. 5.5 Right to Stop Work and Interest 5.5.1 If Owner fails to pay Design -Builder any amount that becomes due, Design -Builder, in addition to all other remedies provided in the Contract Documents, may stop Work pursuant to GC 9.4. All payments due and unpaid shall bear interest at the rate set forth in Section 7.5 of the Agreement. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-37 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 5.6 Design -Builder's Payment Obligations 5.6.1 Design -Builder will pay any Subcontractors and Design Consultants, in accordance with applicable law and its contractual obligations to such parties, all the amounts Design -Builder has received from Owner on account of their work. Design -Builder will impose similar requirements on Subcontractors and Design Consultants to pay those parties with whom they have contracted. 5.6.2 Providing that Owner is not in breach of its contractual obligation to make payments to Design - Builder for the Work, Design -Builder shall indemnify, defend and hold harmless Owner from any claims or mechanic's liens brought against Owner or against the Project as a result of the failure of Design -Builder, or those for whose acts it is responsible, to pay for any services, materials, labor, equipment, taxes or other items or obligations furnished or incurred for or in connection with the Work. Within ten (10) days of receiving written notice from Owner that such a claim or mechanic's lien has been filed, Design -Builder shall commence to take the steps necessary to discharge said claim or lien, including, if necessary, the furnishing of a mechanic's lien bond. If Design -Builder fails to do so, Owner will have the right to discharge the claim or lien and charge Design -Builder with any costs and expenses incurred, including attorneys' fees. 5.7 Substantial Completion 5.7.1 Design -Builder shall notify Owner when it believes the Work, or to the extent permitted in the Contract Documents, a portion of the Work, is substantially complete. Within five (5) days of Owner's receipt of Design -Builder's notice, Owner and Design -Builder will jointly inspect such Work to verify that it is substantially complete in accordance with the requirements of the Contract Documents. If such Work is substantially complete, Owner shall prepare and issue a Certificate of Substantial Completion that will set forth (i) the date of Substantial Completion of the Work or portion thereof, (ii) the remaining items of Work that have to be completed before final payment, (iii) provisions (to the extent not already provided in the Contract Documents) establishing Owner's and Design -Builder's responsibility for the Project's security, maintenance, utilities and insurance pending final payment, and (iv) an acknowledgment that warranties commence to run on the date of Substantial Completion, except as may otherwise be noted in the Certificate of Substantial Completion. 5.7.2 Upon Substantial Completion of the entire Work or, if applicable, any portion of the Work, Owner shall release to Design -Builder all retained amounts relating, as applicable, to the entire Work or completed portion of the Work, less an amount equal to the reasonable value of all remaining or incomplete items of Work as noted in the Certificate of Substantial Completion. 5.7.3 Owner, at its option, may use a portion to the Work which has been determined to be substantially complete, provided that (i) a Certificate of Substantial Completion has been issued for the portion of Work addressing the items set forth in GC 5.7.1, (ii) Design -Builder and Owner have obtained the consent of their sureties and insurers, and (iii) Owner and Design -Builder, agree that Owner's use or occupancy will not interfere with Design -Builder's completion of the remaining Work. 5.7.4 Upon Substantial Completion, Design -Builder shall conduct performance testing of the Facility using Owner's operations and maintenance staff to demonstrate that the Performance Criteria set forth in Attachment H, Phase 1 Design Development, have been satisfied and that the Performance Guarantees have been met. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-38 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 5.8 Final Payment 5.8.1 After receipt of a Final Application for Payment from Design -Builder, Owner shall make final payment by the time required in the Agreement, provided that Design -Builder has completed all of the Work in conformance with the Contract Documents. 5.8.2 At the time of submission of its Final Application for Payment, Design -Builder shall provide the following information: An affidavit that there are no claims, obligations or liens outstanding or unsatisfied for labor, services, material, equipment, taxes or other items performed, furnished or incurred for or in connection with the Work which will in any way affect Owner's interests; A general release executed by Design -Builder waiving, upon receipt of final payment by Design -Builder, all claims, except those claims previously made in writing to Owner and remaining unsettled at the time of final payment; Consent of Design -Builder's surety, if any, to final payment; A certificate demonstrating that performance testing is complete and that the Performance Guarantees set forth in Attachment F, Owner's Project Criteria, have been met; All operating manuals, warranties and other deliverables required by the Contract Documents; and Certificates of insurance confirming that required coverages will remain in effect consistent with the requirements of the Contract Documents. 5.8.3 Upon making final payment, Owner waives all claims against Design -Builder except claims relating to (i) Design -Builder's failure to satisfy its payment obligations, if such failure affects Owner's interests, (ii) Design -Builder's failure to complete the Work consistent with the Contract Documents, including defects appearing after Substantial Completion, (iii) the terms of any special warranties required by the Contract Documents, and (iv) claims which are identified as unsettled at the time of making final payment. 5.8.4 Final payment by Owner shall constitute Final Acceptance of the Project for all purposes hereunder, subject to Design -Builder's remaining warranty obligations and any remaining indemnity obligations hereunder. 5.8.5 Acceptance of final payment by the Design -Builder, a Subcontractor or material supplier shall constitute a waiver of claims by that payee except those previously made in writing and identified by that payee as unsettled at the time of final Application for Payment. GC 6.0 Time 6.1 Obligation to Achieve the Contract Times 6.1.1 Design -Builder agrees that it will commence performance of the Work and achieve the Contract Time(s) in accordance with Article 5.0 of the Agreement. 6.2 Delays to the Work 6.2.1 If Design -Builder is delayed in the performance of the Work due to Uncontrollable Circumstances, the Contract Time(s) for performance shall be reasonably extended by Change Order, and the Schedule adjusted accordingly. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-39 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 6.2.2 In addition to Design -Builder's right to a time extension for delays in the Work under GC 6.2.1, Design -Builder shall also be entitled to an equitable adjustment of the Contract Price and equitable commutation of any Liquidated Damages under Section 5.4 of the Agreement. 6.3 Work Hours 6.3.1 Work shall be conducted during normal working hours (7:00 AM to 5:00 PM) on weekdays. No work shall be performed on Saturdays, Sundays, or City observed holidays unless otherwise authorized in writing by the Owner's Project Manager a minimum of forty-eight (48) hours in advance. Design -Builder may work beyond 5:00 PM on occasion based on the actual daily progress of the work and per the approved project schedule. Design -Builder shall comply with all requirements and noise ordinances of the City and other jurisdictions where work is taking place. 6.3.2 Construction observation and/or inspection services performed by the Owner beyond the normal weekday working hours of 7:00 AM to 5:00 PM, if needed, shall be paid for by the Design -Builder at an hourly rate of $100.00 for each of the Owner's inspectors providing such service. This hourly rate shall apply to overtime required by the Owner on weekdays, weekends, and City observed holidays. 7.0 Changes to the Contract Price and Time 7.1 Change Orders 7.1.1 A Change Order is a written instrument issued after execution of the Agreement signed by Owner and Design -Builder, stating their agreement upon all of the following: 1. The scope of the change in the Work; 2. The amount of the adjustment to the Contract Price; and 3. The extent of the adjustment to the Contract Time(s) and Schedule. 7.1.2 All changes in the Work authorized by applicable Change Order shall be performed under the applicable conditions of the Contract Documents. Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for such changes. 7.1.3 If Owner requests a proposal for a change in the Work from Design -Builder and subsequently elects not to proceed with the change, a Change Order shall be issued to reimburse Design -Builder for reasonable costs incurred for estimating services, design services and services involved in the preparation of proposed revisions to the Contract Documents. 7.2 Work Change Directives 7.2.1 A Work Change Directive is a written order prepared and signed by Owner, directing a change in the Work prior to agreement on an adjustment in the Contract Price and/or the Contract Time(s). 7.2.2 Owner and Design -Builder shall negotiate in good faith and as expeditiously as possible the appropriate adjustments for the Work Change Directive. Upon reaching an agreement, the parties shall prepare and execute an appropriate Change Order reflecting the terms of the agreement. 7.2.3 If Owner has requested a proposal for a change in the Work from Design -Builder, Owner shall notify Design -Builder as expeditiously as possible whether such proposal is accepted. Design - Builder shall not commence changed work until a written Work Change Directive or Change Order WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-40 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE has been delivered by Owner. The parties recognize that delay in response to such proposals may increase the impact or cost of the Change. 7.3 Minor Changes in the Work 7.3.1 Minor changes in the Work do not involve an adjustment in the Contract Price and/or Contract Time(s) and do not materially and adversely affect the Work, including the design, quality, performance and workmanship required by the Contract Documents. Design -Builder may make minor changes in the Work consistent with the intent of the Contract Documents, provided, however, that Design -Builder shall promptly inform Owner, in writing, of any such changes and record such changes on the documents maintained by Design -Builder. 7.4 Contract Price Adjustments 7.4.1 The increase or decrease in Contract Price resulting from a change in the Work shall be determined by one or more of the following methods: 1. Unit prices set forth in the Agreement or as subsequently agreed between the parties (which may include daily or monthly overhead rates for the extension of services); 2. A mutually accepted lump sum properly itemized and supported by sufficient substantiating data to permit evaluation by Owner; 3. Costs, fees and any other markups set forth in the Agreement; and 4. If an increase or decrease cannot be agreed to as set forth in items 1 through 3 above and 7.4.2 Owner issues a Work Change Directive, the cost of the change of the Work shall be determined by the reasonable expense and savings in the performance of the Work resulting from the change, including a reasonable overhead and profit, as may be set forth in the Agreement. If the net result of both additions and deletions to the Work is an increase or a decrease in the Contract Price, overhead and profit shall be calculated on the basis of the net increase or decrease to the Contract Price. Design -Builder shall maintain a documented, itemized accounting evidencing the expenses and savings associated with such changes. 7.4.3 If unit prices are set forth in the Contract Documents or are subsequently agreed to by the parties, but application of such unit prices will cause substantial inequity to Owner or Design -Builder because of differences in the character or quantity of such unit items as originally contemplated, such unit prices shall be equitably adjusted. 7.4.4 If Owner and Design Builder disagree upon whether Design -Builder is entitled to be paid for any services required by Owner, or if there are any other disagreements over the scope of Work or proposed changes to the Work, Owner and Design -Builder shall resolve the disagreement pursuant to GC 8.0. As part of the negotiation process, Design -Builder shall furnish Owner with a good faith estimate of the costs to perform the disputed services in accordance with Owner's interpretations. If the parties are unable to agree and Owner expects Design -Builder to perform the services in accordance with Owner's interpretations, Design -Builder shall proceed to perform the disputed services, conditioned upon Owner issuing a written order to Design -Builder (i) directing Design - Builder to proceed and (ii) specifying Owner's interpretation of the services that are to be performed. If this occurs Design -Builder shall be entitled to submit in its Applications for Payment an amount WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-41 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE equal to fifty percent (50%) of its reasonable estimated direct cost to perform the services, and Owner agrees to pay such amounts, with the express understanding that (i) such payment by Owner does not prejudice Owner's right to argue that it has no responsibility to pay for such services and (ii) receipt of such payment by Design -Builder does not prejudice Design -Builder's right to seek full payment of the disputed services if Owner's order is deemed to be a change to the Work. 7.5 Emergencies 7.5.1 In any emergency affecting the safety of persons and/or property, Design -Builder shall act, at its discretion, to prevent threatened damage, injury or loss. Any change in the Contract Price and/or Contract Time(s) on account of emergency work shall be determined as provided in this GC 7.0. GC 8.0 Contract Adjustments and Disputes 8.1 Requests for Contract Adjustments and Relief 8.1.1 If either Design -Builder or Owner believes that it is entitled to relief against the other for any Changed Condition arising out of or related to the Work or Project, such party shall provide written notice to the other party of the basis for its claim for relief. 8.1.2 A Changed Condition may include a Change in Law following the date of Design -Builder's proposal to Owner, which has a material impact on the cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design -Builder's performance hereunder. 8.1.3 Changed Conditions may include Uncontrollable Circumstances having an impact on Design - Builder's cost of the Work, the Schedule, the Performance Criteria, or other aspects of Design - Builder's performance hereunder. 8.1.4 Such notice shall, if possible, be made prior to incurring any cost or expense and in accordance with any specific notice requirements contained in applicable sections of these General Conditions. In the absence of any specific notice requirement, written notice shall be given within a reasonable time, not to exceed twenty-one (21) days, after the occurrence -giving rise to the claim for relief or after the claiming party reasonably should have recognized the event or condition -giving rise to the request, whichever is later. 8.1.5 Such notice shall include sufficient information to advise the other party of the circumstances giving rise to the claim for relief and, if then available, the specific contractual adjustment or relief requested and the basis of such request. 8.2 Dispute Avoidance and Resolution 8.2.1 The parties are fully committed to working with each other throughout the Project and agree to communicate regularly with each other at all times so as to avoid or minimize disputes or disagreements. If disputes or disagreements do arise, Design -Builder and Owner each agree to resolve such disputes or disagreements in an amicable, professional and expeditious manner so as to avoid unnecessary losses, delays and disruptions to the Work. 8.2.2 Design -Builder and Owner will first attempt to resolve disputes or disagreements at the Project level through discussions between Design -Builder's Representative and Owner's Representative. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-42 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 8.2.3 if a dispute or disagreement cannot be resolved through Design -Builder's Representative and Owner's Representative, upon the request of either party, then the matter shall be referred to the Senior Representatives of each party for resolution. Design -Builder's Senior Representative and Owner's Senior Representative shall meet as soon as conveniently possible, but in no case later than thirty (30) days after such a request is made, to attempt to resolve such dispute or disagreement. Prior to any meetings between the Senior Representatives, the parties will exchange relevant information that will assist the parties in resolving their dispute or disagreement. 8.2.4 If, after meeting, the Senior Representatives determine that the dispute or disagreement cannot be resolved on terms satisfactory to both parties, then the parties shall submit the dispute or disagreement to non-binding mediation. The mediation shall be conducted by a mutually agreeable impartial mediator, or if the parties cannot so agree, a mediator designated by the American Arbitration Association ("AAA") pursuant to its Construction Industry Mediation Rules. The mediation will be governed by and conducted pursuant to a mediation agreement negotiated by the parties or, if the parties cannot so agree, by procedures established by the mediator. Any claims, disputes or controversies between the parties arising out of or relating to the Agreement, or the breach thereof, which have not been resolved in accordance with the procedures set forth in GC 8.2, shall be decided by court of competent jurisdiction. 8.2.5 In any final, binding dispute proceeding upon which the parties may agree, each party shall be responsible for its own legal costs, including attorneys' fees. 8.2 Duty to Continue Performance 8.3.1 Unless provided to the contrary in the Contract Documents, Design -Builder shall continue to perform the Work and Owner shall continue to satisfy its payment obligations to Design -Builder, pending the final resolution of any dispute or disagreement between Design -Builder and Owner GC 9.0 Suspension and Termination 9.1 Owner's Right to Stop Work 9.1.1 Owner may, without cause and for its convenience, order Design -Builder in writing to stop and suspend the Work. Such suspension shall not exceed sixty (60) consecutive days or aggregate more than ninety (90) days during the duration of the Project. 9.1.2 Design -Builder is entitled to an equitable adjustment of the Contract Price and/or Contract Time(s) if its cost or time to perform the Work has been adversely impacted by any suspension of stoppage of work by Owner. 9.2 Termination for Convenience 9.2.1 Upon ten (10) days' written notice to Design -Builder, Owner may, for its convenience and without cause, elect to terminate this Agreement. In such event, Owner shall pay Design -Builder for the following: All Work executed and for proven loss, cost or expense in connection with such Work; The reasonable costs and expenses attributable to such termination, including demobilization costs and amounts due in settlement of terminated contracts with Subcontractors and Design Consultants; and WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-43 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE The fair and reasonable sums for overhead and profit on the sum of items 1 and 2 above. 9.2.2 If Owner terminates this Agreement pursuant to GC 9.2.1 and proceeds to design and construct the Project through its employees, agents or third parties, Owner's rights to use the Work product shall be as set forth in Section 4.3 ("Owner's Limited License upon Owner's Termination for Convenience or Design -Builder's Election to Terminate"). 9.3 Owner's Right to Perform and Terminate for Cause 9.3.1 If Design -Builder persistently falls to (i) provide a sufficient number of skilled workers, (ii) supply the materials required by the Contract Documents, (iii) comply with applicable Legal Requirements, (iv) timely pay, without cause, Subcontractors, (v) prosecute the Work with promptness and diligence to ensure that the Work is completed by the Contract Time(s), as such times may be adjusted, or (vi) perform material obligations under the Contract Documents, then Owner, in addition to any other rights and remedies provided in the Contract Documents or by Law, shall have the rights set forth in GC 9.3.2, 9.3.3, and 9.3.4. 9.3.2 Upon the occurrence of an event set forth in GC 9.3 1, Owner may provide written notice to Design - Builder that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Design -Builder's receipt of such notice. If Design -Builder fails to cure, or reasonably commence to cure, such problem, then Owner may give a second written notice to Design -Builder of its intent to terminate within an additional seven (7) day period. If Design - Builder, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Owner may declare the Agreement terminated for default by providing written notice to Design -Builder of such declaration. 9.3.3 Upon declaring the Agreement terminated pursuant to GC 9.3.2, Owner may enter upon the premises and take possession, for the purpose of completing the Work, of all materials, equipment, scaffolds, tools, appliances and other items thereon, which have been purchased or provided for the performance of the Work, all of which Design -Builder hereby transfers, assigns and sets over to Owner for such purpose, and to employ any person or persons to complete the Work and provide all of the required labor, services, materials, equipment and other items. 9.3.4 In the event of such termination, Design -Builder shall not be entitled to receive any further payments under the Contract Documents until the Work shall be finally completed in accordance with the Contract Documents. At such time, if the unpaid balance of the Contract Price exceeds the cost and expense incurred by Owner in completing the Work, such excess shall be paid by Owner to Design -Builder. Notwithstanding the preceding sentence, if the Agreement establishes a Guaranteed Maximum Price, Design -Builder will only be entitled to be paid for Work performed prior to its default. If Owner's cost and expense of completing the Work exceeds the unpaid balance of the Contract Price, then Design -Builder shall be obligated to pay the difference to Owner. Such costs and expense shall include not only the cost of completing the Work, but also losses, damages, costs and expense, including attorneys' fees and expenses, incurred by Owner in connection with the re -procurement and defense of claims arising from Design -Builder's default, subject to the waiver of consequential damages set forth in Section 10.2 of the Agreement. 9.3.5 If Owner improperly terminates the Agreement for cause, the termination for cause will be converted to a termination for convenience in accordance with the provisions of GC 9.2. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-44 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 9.4 Design -Builder's Right to Stop Work 9.4.1 Design -Builder may, in addition to any other rights afforded under the Contract Documents or at law, stop work for the following reason: Owner's failure to pay amounts properly due under Design -Builder's Application for Payment. 9.4.2 Should an event set forth in GC 9.4.1 occur, Design -Builder may provide Owner with written notice that Design -Builder will stop work unless such event is cured within seven (7) days from Owner's receipt of Design -Builder's notice. If Owner does not cure the problem within such seven (7) day period, Design -Builder may stop work. In such case, Design -Builder may make a claim for adjustment to the Contract Price and Contract Time(s) to the extent it has been adversely impacted by such stoppage. 9.5 Design -Builder's Right to Terminate for Cause 9.5.1 Design -Builder, in addition to any other rights and remedies provided in the Contract Documents or by law, may terminate the Agreement for cause for the following reasons: The Work has been stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, because of a court order, any government authority having jurisdiction over the Work, or orders by Owner under GC 9.1.1, provided that such stoppages are not due to the acts or omissions of Design -Builder or anyone for whose acts Design -Builder may be responsible; or Owner's failure to provide Design -Builder with any information, permits or approvals that are Owner's responsibility under the Contract Documents which result in the Work being stopped for sixty (60) consecutive days, or more than ninety (90) days during the duration of the Project, even though Owner has not ordered Design -Builder in writing to stop and suspend the Work pursuant to GC 9.1.1; or Owner's failure to cure the problems set forth in GC 9.4.1 after Design -Builder has stopped the Work. 9.5.2 Upon the occurrence of an event set forth in GC 9.5.1, Design -Builder may provide written notice to Owner that it intends to terminate the Agreement unless the problem cited is cured, or commenced to be cured, within seven (7) days of Owner's receipt of such notice. If Owner fails to cure, or reasonably commence to cure, such problem. Then Design -Builder may give a second written notice to Owner of its intent to terminate within an additional seven (7) day period. If Owner, within such second seven (7) day period, fails to cure, or reasonably commence to cure, such problem, then Design -Builder may declare the Agreement terminated for default by providing written notice to Owner of such declaration. In such case, Design -Builder shall be entitled to recover in the same manner as if Owner had terminated the Agreement for its convenience under GC 9.2. 9.6 Bankruptcy of Owner or Design -Builder 9.6.1 If either Owner or Design -Builder institutes or has instituted against it a case under the United States Bankruptcy Code (such party being referred to as the "Bankrupt Party"), such event may impair or frustrate the Bankrupt Party's ability to perform its obligations under the Contract Documents. Accordingly, should such event occur: WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-45 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE The Bankrupt Party, its trustee or other successor, shall furnish, upon request of the non - Bankrupt Party, adequate assurance of the ability of the Bankrupt Party to perform all future material obligations under the Contract Documents, which assurances shall be provided within ten (10) days after receiving notice of the request; and The Bankrupt Party shall file an appropriate action within the bankruptcy court to seek assumption or rejection of the Agreement within sixty (60) days of the institution of the bankruptcy filing and shall diligently prosecute such action. If the Bankrupt Party fails to comply with its foregoing obligations, the non -Bankrupt Party shall be entitled to request the bankruptcy court to reject the Agreement, declare the Agreement terminated and pursue any other recourse available to the non -Bankrupt Party under this GC 9.0. 9.6.2 The rights and remedies under GC 9.6.1 shall not be deemed to limit the ability of the non -Bankrupt Party to seek any other rights and remedies provided by the Contract Documents or by law, including its ability to seek relief from any automatic stays under the United States Bankruptcy Code or the right of Design -Builder to stop Work under any applicable provision of these General Conditions. GC 10.0 Miscellaneous 10.1 Assignment 10.1.1 Neither Design -Builder nor Owner shall without the written consent of the other, assign, and transfer or sublet any portion or part of the Work or the obligations required by the Contract Documents. 10.2 Successorship 10.2.1 Design -Builder and Owner intend that the provisions of the Contract Documents are binding upon the parties, their employees, agents, heirs, successors and assigns. 10.3 Governing Law 10.3.1 The Agreement and all Contract Documents shall be governed by the laws of the place of the Project, without giving effect to its conflict of law principles. 10.4 Severability 10.4.1 If any provision or any part of a provision of the Contract Documents shall be finally determined to be superseded, invalid, illegal, or otherwise unenforceable pursuant to any applicable Legal Requirements, such determination shall not impair or otherwise affect the validity, legality, or enforceability of the remaining provision or parts of the provision of the Contract Documents, which shall remain in full force and effect as if the unenforceable provision or part were deleted. 10.5 No Waiver 10.5.1 The failure of either Design -Builder or Owner to insist, in any one or more instances, on the performance of any of the obligations required by the other under the Contract Documents shall WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-46 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE not be construed as a waiver or relinquishment of such obligation or right with respect to future performance. 10.6 Headings 10.6.1 The headings used in these General Conditions or any other Contract Document, are for ease of reference only and shall not in any way be construed to limit or alter the meaning of any provision. 10.7 Notice 10.7.1 Whenever the Contract Documents require that notice be provided to the other party, notice will be deemed to have been validly given (i) if delivered in person to the individual intended to receive such notice, (ii) four (4) days after being sent by registered or certified mail, postage prepaid to the address indicated in the Agreement, (iii) if transmitted by facsimile, by the time stated in a machine - generated confirmation that notice was received at the number of the intended recipient, or (iv) if transmitted by e-mail to the individual to whom such notice is required to be given, by the time stated in a machine -generated confirmation that notice was received at the e-mail address of the intended recipient. 10.8 Amendments 10.8.1 The Contract Documents may not be changed, altered, or amended in any way except in writing signed by a duly authorized representative of both parties. 10.9 Third Parties 10.9.1 The services to be performed by Design -Builder are intended solely for the benefit of the Owner. No person or entity not a signatory to this Agreement shall be entitled to rely on the Design - Builder's performance of its services hereunder, and no right to assert a claim against the Design - Builder by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the Design -Builder's services hereunder. GC 11.0 Electronic Data 11.1 Electronic Data 11.1.1 The parties recognize that Contract Documents, including drawings, specifications and three- dimensional modeling (such as Building Information Models) and other Work Product may be transmitted among Owner, Design -Builder and others in electronic media as an alternative to paper hard copies (collectively "Electronic Data"). 11.2 Transmission of Electronic Data 11.2.1 Owner and Design -Builder shall agree upon the software and the format for the transmission of Electronic Data. Each party shall be responsible for securing the legal rights to access the agreed upon format, including, if necessary, obtaining appropriately licensed copies of the applicable software or electronic program to display, interpret and/or generate the Electronic Data. 11.2.2 Neither party makes any representations or warranties to the other with respect to the functionality of the software or computer program associated with the electronic transmission of Work Product. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-47 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE Unless specifically set forth in the Agreement, ownership of the Electronic Data does not include ownership of the software or computer program with which it is associated, transmitted, generated or interpreted. 11.2.3 By transmitting Work Product in electronic form, the transmitting party does not transfer or assign its rights in the Work Product. The rights in the Electronic Data shall be as set forth in Article 4.0 of the Agreement ("Ownership of Work Product"). Under no circumstances shall the transfer of ownership of Electronic Data be deemed to be a sale by the transmitting party of tangible goods. 11.3 Electronic Data Protocol 11.3.1 The parties acknowledge that Electronic Data may be altered or corrupted, intentionally or otherwise, due to occurrences beyond their reasonable control or knowledge including but not limited to compatibility issues with user software, manipulation by the recipient, errors in transcription or transmission, machine error, environmental factors, and operator error. Consequently, the parties understand that there is some level of increased risk in the use of Electronic Data for the communication of design and construction information and, in consideration of this, agree, and shall require their independent contractors, Subcontractors and Design Consultants to agree, to the following protocols, terms and conditions set forth in this GC 11.3. 11.3.2 Electronic Data will be transmitted in the format agreed upon in GC 11.2.1, including file conventions and document properties, unless prior arrangements are made in advance in writing. 11.3.3 The Electronic Data represents the information at a particular point in time and is subject to change. Therefore, the parties shall agree upon protocols for notification by the author to the recipient of any changes which may thereafter be made to the Electronic Data, which protocol shall also address the duty, if any, to update such information, data or other information contained in the electronic media if such information changes prior to Final Completion of the Project. 11.3.4 The transmitting party specifically disclaims all warranties, expressed or implied including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, with respect to the media transmitting the Electronic Data. However, transmission of the Electronic Data by electronic means shall not invalidate or negate any duties pursuant to the applicable standard of care with respect to the creation of the Electronic Data, unless such data is materially changed or altered after it is transmitted to the receiving party, and the transmitting party did not participate in such change or alteration. WDBC Document No. W-1705-2013 Attachment D — Genera/ Conditions — LS317 Major Upgrade Page D-48 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT E INDEMNITY, INSURANCE & BONDING 1.0 Indemnity 1.1 To the fullest extent permitted by law, Design -Builder shall defend, indemnify and hold Owner, its officers and employees from liability, damages, losses and costs including but not limited to reasonable attorney's fees to the extent caused by the negligence, recklessness or intentional wrongful conduct of Design -Builder or persons employed or utilized by Design -Builder in the performance of the Work. Design -Builder shall not be required to defend, indemnify or hold harmless Owner for any acts, omissions or negligence of Owner, Owner's employees, agents or separate contractors. 1.2 Owner shall cause any other contractor who may have a contract with Owner to perform work in the areas where Work will be performed under this Agreement, to agree to indemnify and defend Design -Builder, Subcontractors or anyone employed directly or indirectly by any of them or anyone for whose acts any of them may be liable and hold them harmless from all claims for bodily injury and property damage, other than property insured under Section 5.0, that may arise from that contractor's operations. Such provisions shall be in a form satisfactory to Design -Builder. 1.3 If an employee of Design -Builder, Design Consultants, Subcontractors, anyone employed directly or indirectly by any of them, or anyone for whose acts any of them may be liable has a claim against Owner, its officers, directors, employees, or agents, then Design -Builder's indemnity obligation set forth in Section 1.1 above shall not be limited by any limitation on the amount of damages, compensation, or benefits payable by or for Design -Builder, Design Consultants, Subcontractors, or other entity under any employee benefit acts, including workers' compensation or disability acts. 2.0 Design -Builder's Insurance See Attachment G — Special Conditions 18 2.1 Excess Liability Insurance above the required Commercial General, Commercial Automobile, and Employer's Liability insurance to result in overall liability coverage in the amount of $4,000,000 annual aggregate limit. 2.2 For Contractor's Pollution Liability Errors and Omissions Insurance see Attachment G — Special Conditions 18 2.3 The policies shall contain a provision that coverage will not be canceled or not renewed until at least thirty (30) days' prior written notice has been given to Owner. Certificates of insurance showing required coverage to be in force shall be filed with Owner prior to commencement of the Work. 2.4 Products and Completed Operations insurance shall be maintained for a minimum period of at least two year(s) after either ninety (90) days following the date of Substantial Completion or final payment, whichever is earlier. 2.5 The insurance limits stated in this Attachment E may be satisfied through a combination of underlying and excess or umbrella coverage. 2.6 Subcontractors. Design -Builder shall require that all Subcontractors working on the Project secure and maintain the same insurance coverages required for Design -Builder for workers' compensation insurance, employer's liability insurance, commercial automotive liability insurance and commercial general liability insurance and other financial sureties required by applicable law WDBC Document No. W-1706-2013 Attachment E — Indemnity, Insurance & Bonding — LS317 Major Upgrade Page E-49 3110121 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE in connection with their presence and the performance of their duties pursuant to this Agreement; provided that Owner may approve lower limits for specific subcontractors pursuant to a request submitted by Design -Builder to Owner prior to any work being performed by the subcontractor. Design -Builder shall require that all subcontractors performing engineering services and all subcontractors performing work with potential pollution liability risk secure and maintain Professional Liability or Pollution Liability insurance coverage, respectively, with such coverage limits commensurate with the scope of the subcontract work performed. Owner, Design -Builder and all other parties required of Design -Builder shall be named as additional insured on subcontractor's required commercial general liability insurance policy. Alternatively, Design - Builder may obtain and maintain said policies and sureties on the subcontractor's behalf. 3.0 Professional Liability Insurance - See Attachment G - Special Conditions 19 4.0 Owner's Liability Insurance 4.1 Owner shall be responsible for obtaining and maintaining its own liability insurance. Insurance for claims arising out of the performance of this Agreement may be purchased and maintained at Owner's discretion. 4.2 If Owner hires separate contractors for with respect to the Project or for any portion of the Work, then Owner shall require that such separate contractors waive any insurers' rights of subrogation against the Design -Builder and its Subcontractors, Design Consultants, and their officers, directors, and employees. 5.0 Insurance to Protect Project - See Attachment G- Special Conditions 20 5.1 If Owner occupies or uses a portion of the Project prior to its Substantial Completion, such occupancy or use shall not commence prior to a time mutually agreed to by Owner and Design - Builder and to which the insurance company or companies providing the property insurance have consented by endorsing the policy or policies. This insurance shall not be canceled or lapsed on account of partial occupancy. Consent of Design -Builder to such early occupancy or use shall not be unreasonably withheld. 5.2 Owner shall obtain and maintain boiler and machinery insurance as necessary. The interests of Owner, Design -Builder, Subcontractors and Sub -subcontractors shall be protected under this coverage. 5.3 Upon Substantial Completion and during any period of startup, testing, commissioning, or initial operation of the Project, Owner shall obtain and maintain insurance with respect thereto consistent with that insurance which Owner obtains and maintains with respect to any damage or loss to its permanent plant during commercial operation. Design -Builder, Subcontractors and Sub - subcontractors shall be named as additional insured on such insurance, and Owner hereby waives any rights of subrogation with respect thereto. 6.0 Property Insurance Loss Adjustment 6.1 Any insured loss shall be adjusted with Owner and Design -Builder and made payable to Owner and Design -Builder as trustees for the insureds, as their interests may appear, subject to any applicable mortgagee clause. 6.2 Upon the occurrence of an insured loss, monies received will be deposited in a separate account and the trustees shall make distribution in accordance with the agreement of the parties in interest, or in the absence of such agreement, in accordance with a mediation agreement, or, if not resolved through mediation, then by an arbitration award pursuant to arbitration. If the trustees are unable WDBC Document No. W-1706-2013 Attachment E — Indemnity, Insurance & Bonding — LS317 Major Upgrade Page E-50 3110121 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE to agree between themselves on the settlement of the loss, such dispute shall also be submitted for resolution by mediation or arbitration. 7.0 Waiver of Subrogation 7.1 Owner and Design -Builder waive all rights against each other, and any of their respective employees, agents, consultants, subcontractors and sub -subcontractors for damages caused by risks covered by insurance provided in Section 5.0 to the extent they are covered by that insurance, except such rights as they may have to the proceeds of such insurance held by Owner and Design - Builder as trustees. Design -Builder shall require similar waivers from all Subcontractors, and shall require each of them to include similar waivers in their sub -subcontracts and consulting agreements. 7.2 Owner waives subrogation against Design -Builder, Subcontractors and Sub -subcontractors on all property and consequential loss policies carried by Owner on adjacent properties and under property and consequential loss policies purchased for the Project after its completion. 7.3 If the policies of insurance referred to in this Section require an endorsement to provide for continued coverage where there is a waiver of subrogation, the owners of such policies will cause them to be so endorsed. 8.0 Bonding - See Attachment G - Special Conditions 21 WDBC Document No. W-1706-2013 Attachment E — Indemnity, Insurance & Bonding — LS317 Major Upgrade Page E-51 3110121 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT F Scope of Work SECTION 1 1.1 Owners Design -Build Criteria 1.2 The proposal dated August 13, 2020 by the Design -Builder is hereby incorporated by reference for purposes of establishing project scope and minimum prescriptive and performance requirements contained therein for the Phase 1 Services. 2.0 Scope of Work 2.1 Phase 1 — Scope of work shall be, as a minimum, deliverables enumerated in para. 5(b)(i), Design Phase and includes associated project planning and management tasks inclusive of Phase I and 2 prescriptive and performance criteria 2.2 Phase 2 Scope of work shall be, as a minimum, deliverables enumerated in para. 5(b)(11), Design Phase and includes associated project planning and management tasks inclusive of Phase 1 and 2 prescriptive and performance criteria WDBC Document No. W-1708-2013 Attachment F— Owner's Permit List— LS317 Major Upgrade Page F-52 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE ATTACHMENT G SPECIAL CONDITIONS 1. The DESIGN/BUILD FIRM shall follow the City procurement policies for all construction items in excess of $100,000 and non -construction items in excess of $35,000.00. 2. The DESIGN/BUILD FIRM may elect to use its own forces for portions of the Work to be performed. The DESIGN/BUILD FIRM may elect to self -perform up to 100% of the on-site construction. 3. The CITY encourages the utilization of local businesses within the CITY of Boynton Beach city limits therefore DESIGN/BUILD FIRM shall make every effort to engage local contractors to enhance the local economy. 4. As part of such preparation, the DESIGN/BUILD FIRM shall review the specifications and drawings. Ambiguities, conflicts or lack of clarity in language, use of illegally restrictive requirements, and any other defects in the specifications or in the drawings noted by the DESIGN/BUILD FIRM shall be brought to the attention of the Project Manager and Permitting agency(les) in written form and simultaneously corrected. Quality Control: The DESIGN/BUILD FIRM shall develop and maintain a program acceptable to the CITY, to assure quality control of the construction. The DESIGN/BUILD FIRM shall supervise the work of all subcontractors providing insurance to each when their work does not conform to the requirements of the plans and specifications and it shall continue to exert its influence and control over each subcontractor to ensure that corrections are made in a timely mariner so as to not affect the efficient progress of the work. Should disagreement occur between the DESIGN/BUILD FIRM over acceptability of work and conformance with the requirements of the specifications and plans, the CITY shall be the final judge of performance and acceptability. 6. Subcontracting Interfacing: The DESIGN/BUILD FIRM shall be the sole point of interface with all subcontractors for the CITY and all of its agents and representatives. It shall negotiate all change orders, field orders, and request for proposals, with all affected subcontractors and shall review the costs of those proposals and advise the CITY of their validity and reasonableness, acting in the CITY's best interest prior to requesting approval of each change order from the CITY. Before any work is begun on any change order, a written authorization and approval from the CITY must be issued. However, when health and safety are threatened, the DESIGN/BUILD FIRM shall act immediately to remove the threat. It shall also carefully review all shop drawings and then issue the shop drawings to the affected subcontractor for fabrication or revision. The DESIGN/BUILD FIRM shall maintain a suspense control system to promote expeditious handling. It shall make interpretations of the drawings or specifications requested by the subcontractors and shall maintain said suspense control system to promote timely response. The Project Manager must be informed when the timely response is not occurring on any of the above. 7. Permits: The DESIGN/BUILD FIRM shall secure all necessary permits, the cost of which will be considered a direct cost item. 8. Job Site Requirements: The DESIGN/BUILD FIRM shall provide for each of the following activities as a part of its Construction Phase fee: WDBC Document No. W-1708-2013 -Attachment G — Special Conditions — LS317 Major Upgrade Page G-53 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE a. Provide a safety program for the project to meet CITY and OSHA requirements. Monitor for subcontractor compliance without relieving them of the responsibilities to perform work in accordance with the best acceptable practice. b. Maintain a log of daily activities, including manpower records, weather, delays, major decisions, etc. C. Maintain a roster of companies on the project with name and telephone numbers of key personnel. d. Establish and enforce job rule governing parking, clean-up, use of facilities and worker discipline. e. Provide labor relations management for a harmonious, productive project. f. Provide a quality control program as per Section 3.2 (F) herein. g. Miscellaneous office supplies that support the construction efforts which are consumed by its own forces. h. Travel to and from its home office to the project site as the project requires shall be reimbursed thru the GMP. The DESIGN/BUILD FIRM shall provide personnel and equipment or shall arrange for separate subcontracts to provide each of the following as a direct cost item: a. Schedule the services of independent testing laboratories and provide the necessary testing of materials to ensure conformance to contract requirements. b. The printing and distribution of all required bidding documents and shop drawings, including the sets required by the Permitting Agency(ies) inspectors. 9. Job Site Job Site Administration: The DESIGN/BUILD FIRM shall provide as part of its job site fee, job site administration functions during construction to assure proper documentation, including but not limited to such things as follows: Job Meetings — Hold weekly progress meetings and coordination meetings to provide for an easy flowing project. Implement procedures and assure timely submittals, expedite processing approvals and return of shop drawings, samples, etc. Coordinate and expedite critical ordering and delivery of materials, work sequences, inspection and testing, labor allocation, etc. Review and coordinate each subcontractor's work. Review and implement revisions to the Schedule. Monitor and promote safety requirements. In addition, regular project status meetings will be held between the CITY and the DESIGN/BUILD FIRM either biweekly or monthly, whichever is designated by the Project Manager. WDBC Document No. W-1708-2013 Attachment G — Special Conditions — LS317 Major Upgrade Page G-54 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE The Job site meetings should be utilized as a tool for pre -planning of work, enforcing schedules, and for establishing procedures, responsibilities, and identification of authority for all to clearly understand. Identify party or parties responsible to follow up on any problems, delay items or questions and record course of action/solution. Revisit each pending item at each subsequent meeting until resolution is achieved. Require all present to make any problems or delaying event known to those present for appropriate attention and resolution. Shop Drawing Submittals/Approvals: Provide staff to check shop drawings and closely monitor their submittal and approval process. Material and Equipment Expediting: Provide staff to closely monitor material and equipment deliveries; critically important checking and follow-up procedures on supplier commitments of all subcontractors. Payments to Subcontractors: Develop and implement a procedure for review, processing, and payment of applications by subcontractors for progress and final payments. All financial documents and records shall be maintained pursuant to reasonable accounting practices designed to afford the CITY the ability to have the documents audited with the minimum of cost and disruption. Document Interpretation: Refer all questions for interpretation of the technical documents to the CITY for direction. Reports and Project Site Documents: Record the progress of the project. Submit written progress reports to the CITY including information on the subcontractor's work, and the percentage of completion. Keep a daily log available to the CITY and the Permitting Agency(les) inspectors for reviewing and copying. Subcontractor's Progress: Prepare periodic punch lists for subcontractor's work including unsatisfactory or incomplete items and schedules for their completion. Substantial Completion: Substantial completion shall be established by way of the following steps: a. DESIGN/BUILD FIRM shall notify the CITY that the project is ready for Substantial Completion inspections. b. The CITY shall conduct such inspections. c. Inspections shall be completed by the CITY's Representative. d. The CITY shall consolidate a punch list (CITY's punch list) e. The DESIGN/BUILD FIRM shall issue a Certificate of Substantial Completion for acceptance by the CITY's with punch list attached. Start-up: With the CITY's personnel, direct the checkout of utilities, operations, training, systems and equipment for readiness and assist in their initial start-up and testing by the trade contractors. Final Completion: Monitor the Subcontractor's performance on the completion of the project and provide notice to the CITY that the Work is ready for Final Inspection. Secure and transmit to the CITY all required guarantees, affidavits, warranties, releases, bonds and waivers, manuals, record drawings, and maintenance manuals including the Final Completion Form. WDBC Document No. W-1708-2013 Attachment G— Special Conditions — LS317 Major Upgrade Page G-55 3/10121 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE Record Drawings: The DESIGN/BUILD FIRM shall monitor the progress of their own forces or their subcontractors on marked up field prints and at project completion will prepare the final record drawings. 10. Administrative Records: The DESIGN/BUILD FIRM will maintain on the Job Site all project files and records. The project records shall be available at all times to the CITY for reference, review or copying. 11. CITY Occupancy: The DESIGN/BUILD FIRM shall provide services during the design and construction phases and will provide a coordinated CITY occupancy of the project. It shall provide consultation and project management to facilitate CITY occupancy and provide transitional services to get the work, as completed by the subcontractors; "on-line" in such conditions as will satisfy CITY operational requirements. a. It shall conduct the preliminary punch list inspection and coordinate the completion of the punch list work to be done with the CITY occupancy in mind. b. It shall catalog operational and maintenance requirements of equipment to be operated by maintenance personnel and convey these to the CITY in such a manner as to promote their usability. It shall provide operational training in equipment use for building operators. c. It shall secure required guarantees and warranties, assemble and deliver same to the CITY in a manner that will facilitate their maximum enforcement and assure their meaningful implementation. d. It shall continuously review "Record" Drawings" and mark up progress prints to provide as much accuracy as possible. The CITY may not occupy or take control of the Project until the above items discussed in this paragraph have been completed and the "Substantial Completion", and "Warranty" requirements specified in paragraphs 3.2J. (8) "Substantial Completion", 3.2J (10) "Final Completion", and 3.2J (M) "Warranty" have been completed to the City's satisfaction excluding the requirements for a warranty inspection. Nothing in this provision shall preclude the CITY from taking partial occupancy if necessary. 12. WARRANTY: Where any work is performed by the DESIGNBUILD FIRM's own personnel or by subcontractors under Contract with the Design/Build Firm, the DESIGN/BUILD FIRM shall warrant that all materials and equipment included in such work will be new except where indicated otherwise in the Contract documents, and that such work will be new and of good quality, free from improper workmanship and defective materials and in conformance with the Drawings and Specifications. With respect to the same work, the DESIGN/BUILD FIRM further agrees to correct all work found by the CITY to be defective in material and workmanship or not in conformance with the Drawings and Specifications for a period of one (1) year from the Date of Final Completion or for such longer period of time as may be set forth with respect to specific warranties contained in the trade sections of the Specifications. The DESIGN/BUILD FIRM shall collect and deliver to the CITY any specific written warranties given by others as required by the Contract Documents. The DESIGN/BUILD FIRM shall warrant to the CITY that it possesses good, clear and marketable title to all equipment and materials provided and that there are no pending liens, claims WDBC Document No. W-1708-2013 Attachment G — Special Conditions — LS317 Major Upgrade Page G-56 3/10121 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE or encumbrances against the equipment and materials. DESIGN/BUILD FIRM is required to submit form provided by the CITY, herein attached as part of "Appendix C" herein, named "Warranty of Title" to certify thisclaim. 13. Code Inspections: All projects require detailed code compliance inspections during construction in certain disciplines. These disciplines normally include, but are not necessarily limited to structural, mechanical, electrical, plumbing, and general building. All inspections shall be made for conformance with the applicable building codes, compliance with drawings and specifications. The DESIGN/BUILD FIRM is ultimately responsible for all code compliance. Cost for all re -inspections of work found defective and subsequently repaired shall be borne by the DESIGN/BUILD FIRM. 14. Subcontractors: Proposals: Subject to Section 3.9.2 "Cost of Work" and in accordance with Section 3.21) "Solicitation of Bids," the DESIGN/BUILD FIRM shall request and receive proposals from subcontractors and suppliers and will award those contracts to the responsive qualified low bidder after it has reviewed each proposal and is satisfied that the subcontractor is qualified to perform the work. Required Subcontractor's Qualifications and Subcontractors Conditions: a. Subcontractor Relations: The DESIGN/BUILD FIRM shall require each subcontractor to the extent of the work to be performed by the subcontractor to be bound to the DESIGN/BUILD FIRM by the terms of the Contract Documents, and to assume toward the DESIGN/BUILD FIRM all the obligations and responsibilities which the DESIGN/BUILD FIRM by these Documents, assumes toward the City. The DESIGN/BUILD FIRM shall not employ any subcontractor, whether initially or as a substitute against whom the CITY has reasonable objection. The DESIGN/BUILD FIRM shall make available to each proposed subcontractor, prior to the execution of the subcontract, copies of the Contract Documents to which the subcontractor will be bound by this Section 3.5, and identify to the subcontractor any terms and conditions of the proposed subcontract which may be at variance with the Contract Documents. Each subcontractor shall similarly make copies of such Documents available to its subcontractors. b. Subcontract Requirements: The DESIGNBUILD FIRM shall be responsible for pre- qualifying subcontractors. Pre -qualification shall include but not limited to evaluation of previous experience staffing resources, financial conditions and overall ability to perform the work. Workforce: The DESIGN/BUILD FIRM shall evaluate subcontractor's percentage of the project construction work to be performed utilizing its own employees. Subcontractor Experience: The subcontractor must demonstrate related experience of similar size and complexity as determined by the DESIGN/BUILD FIRM. Supervision: The subcontractor must agree to provide field (on-site) supervision through named superintendent for each trade (general concrete forming and placement, masonry, WDBC Document No. W-1708-2013 Attachment G — Special Conditions — LS317 Major Upgrade Page G-57 3110/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE mechanical, plumbing, electrical and roofing) included in the subcontract. In addition, the subcontractor shall assign and name a qualified employee for scheduling direction for its work. The supervisory employees of the subcontractor (including field superintendent, foreman and schedulers at all levels) must have been employed in a supervisory (leadership) capacity of substantially equivalent level on a similar project for at least two (2) years within the last five years. The subcontractor shall include a resume of experience for each employee identified by him to supervise and schedule the work. c. All Subcontractors shallprovide: LIMITATION OF REMEDY — NO DAMAGES FOR DELAY OR DISRUPTION The subcontractor's exclusive remedy for delays or disruptions, except for active interference by the CITY in the performance of the contract caused by events beyond its control, including CITY delays claimed to be caused by the CITY or attributable to the CITY and including claims based on breach of contract or negligence, shall be an extension of its contract time. in the event of a change in the Work, the subcontractor's claim for adjustments in the contract sum are limited exclusively to its actual costs for such changes. Each subcontract shall require the subcontractor to expressly agree that the foregoing constitute its sole and exclusive remedies for delays or disruptions and changes in the Work, and thus eliminate any other remedies for claim for increase in the contract price, damages, losses, or additional compensation. Each subcontract shall require that any claims by subcontractor for delay or additional cost must be submitted to the DESIGN/BUILD FIRM within seven (7) calendar days in the format in which the DESIGN/BUILD FIRM must submit such claims to the CITY. Failure to comply with the conditions for giving notice and submitting claims shall result in the waiver of such claims. Any such claim must include a time impact analysis as a justification for any equitable time or price adjustment, and a subcontractor's refusal to provide such a timely analysis shall be considered a failure of a condition precedent to advance the claim in any future litigation. The DESIGN/BUILD FIRM shall also: 1. Observe work of each subcontractor to monitor compliance with schedule. 2. Verify that labor and equipment are adequate for the work and the schedule. 3. Verify that the product procurement schedules are adequate. 4. Verify that product deliveries are adequate to maintain schedule. 5. Report non-compliance with recommendation for changes to the CITY. Responsibilities for Acts and Omission: The DESIGN/BUILD FIRM shall be responsible to the CITY for the acts and omission of its employees and agents and its subcontractors, their agents and employees, and other persons performing any of the work of supplying materials under a contract to the DESIGN/BUILD FIRM. Subcontracts to be Provided: Upon request, the DESTGN/BUILD FIRM shall include a copy of each signed subcontract, including the general supplementary conditions, in the project manual. WDBC Document No. W-1708-2013 Attachment G — Special Conditions — LS317 Major Upgrade Page G-58 3/10/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 15. City's Responsibilities: CITY's Information: The CITY shall provide information that it possesses regarding the requirements for the project. Site Survey and Reports: The CITY shall provide any available surveys describing the physical characteristics, soil reports, and subsurface investigations, legal limitations, utility locations, and a legal description relating to this Project. The CITY does not warrant the completeness or the current accuracy of any reports and DESIGN/BUILD FIRM is entitled to rely on said reports in the performance of its work for this Project unless DESIGN/BUILD FIRM knows or reasonably should have known such surveys or reports are inaccurate. Approvals and Easements: The CITY shall pay for necessary approvals, easements, assessments and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities. Legal Services: The CITY shall furnish such legal services as may be necessary for obtaining any approvals or easements and such auditing services as the CITY deem necessary. Drawings and Specifications: The CITY will attempt to review and act upon the DESIGNBUILD FIRM's drawings and Specifications in ten (10) calendar days to avoid delaying the progress of the Project. 16. Tests & Inspections: DESIGN/BUIL,D FIRM shall give CITY notice of readiness of the Work for all required inspections, tests and approvals. DESIGN/BUILD FIRM shall assume full responsibility, pay all costs and furnish CITY the required certificates of inspection, testing and approval for all materials, equipment or the Work or any part unless other specified. Neither CITY, nor other inspectors shall have authority to permit deviations from nor to relax any of the provisions of the Contract Documents, nor to delay the Agreement by failure to inspect the materials and work with reasonable promptness. The payment of any compensation, the giving of any gratuity or the granting of any favor by the DESIGN/BUILD FIRM to any inspectors, directly or indirectly is strictly prohibited and punishable to the full extent of the law, and any such action on the part of the DESIGN/BUILD FIRM will constitute a termination of the resultant Contract. Miscellaneous - Apprentices: If the DESIGN/BUILD FIRM employs apprentices on the project; the behavior of the DESIGN/BUILD FIRM and CITY shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The DESIGN/BUILD FIRM will include provisions similar to the foregoing sentence in each subcontract. 17. Establishment of Guaranteed Maximum Price: GMP Established After Execution of this Contract GMP Proposal: Upon completion of Phase I (Preliminary Design Documents), DESIGN/BUILD FIRM shall submit a GMP Proposal to the CITY which shall include the following, unless mutually agreed to otherwise by the parties: WDBC Document No. W-1708-2013 Attachment G — Special Conditions — LS317 Major Upgrade Page G-59 3/10/21 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE A proposed GMP, which shall be the sum of: 1. Lump Sum Amount for Phase I of the Project (Preliminary Design Documents) 2. Cost of Work for Phase II of the Project 3. Construction Allowance for Phase II 4. DESIGN/BUILD FIRM's Lump Sum General Conditions Amount for Phase 11 5. DESIGN/BUILD FIRM's Lump Sum Insurance for Phase II 6. DESIGN/BUILD FIRM's Bonds for Phase II 7. DESIGN/BUILD FIRM's Fee for Phase II A list of the drawings and specifications, including all addenda used as the basis for the GMP Proposal; A list of all the assumptions and clarifications made by the DESIGN/BUILD FIRM in the preparation of the GMP Proposal, which list is intended to supplement the information contained in the drawings and specifications; The Guaranteed Completion Date — Substantial and Final Completion - (GCD) upon which the proposed GMP is based, to the extent said date has not already been established and a schedule upon which the GCD is based; A list of allowances and statement of their basis; A statement of additional services; and The time limit for acceptance for the GMP Proposal. All Lump Sum amounts set forth above shall be paid in accordance with a schedule of values on a percent completed basis and shall NOT be subject to audit rights. 18. Insurance: During the performance of the services under this Contract, DESIGNBUILD FIRM shall maintain the following insurance policies, and provide Certificates of Insurance written by an insurance company authorized to do business in the state of Florida in accordance with Section 3.13.2.1 of the Special Conditions to include: a. Worker's Compensation Insurance: The DESIGN/BUILD FIRM shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - Contractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. b. Comprehensive General Liability: The DESIGN/BUILD FIRM shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from the performance of this Agreement. DESIGN/BUILD FIRM shall maintain a minimum coverage of $1,000,000 per occurrence and WDBC Document No. W-1708-2013 Attachment G— Special Conditions — LS317 Major Upgrade Page G-60 313121 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE $2,000,000 general aggregate for personal injury and 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. c. Business Automobile Liability: The DESIGN/BUILD FIRM shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The DESIGN/BUILD FIRM shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the DESIGN/BUILD FIRM from claims of 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 including rented automobiles, whether such operations be by the DESIGN/BUILD FIRM or by anyone directly or indirectly employed by the DESIGN/BUILD FIRM. d. Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per occurrence. e. Umbrella Liability: The DESIGNBUILD FIRM shall procure and maintain, for the life of this contract, Umbrella Liability Insurance, over and above the previously noted liability insurance policies. The DESIGN/BUILD FIRM shall maintain a minimum amount at $4,000,000 It shall be the responsibility of the DESIGN/BUILD FIRM to ensure that all sub -contractors comply with the same insurance requirements referenced above. In the judgment of the CITY, prevailing conditions may warrant additional liability insurance coverage or coverage which is different in kind from the original insurance submitted by the DESIGN/BUILD FIRM. The CITY reserves the right to require the provision by the DESIGN/BUILD FIRM of an amount of coverage different from the amounts or kind previously required, and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the DESIGN/BUILD FIRM fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY's written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the DESIGN/BUILD FIRM, said termination taking effect on the date that the required change in policy coverage would otherwise be effective. DESIGN/BUILD FIRM shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above for Comprehensive Liability Insurance on a claims -made policy only. The CONTRACTOR agrees to purchase the extended reporting period on cancellation or termination unless a new policy is affected with a retroactive date, including at least the last policy year. Any exceptions to the insurance requirements in this section must be approved in writing by the CITY's Risk Management. Contractors Pollution Liability: Contractor's Pollution Liability: The DESIGN/BUILD FIRM shall maintain during the term of this Contract, Contractor's Pollution Liability in the amount of $1,000,000 Per Loss/$2,000,000 Annual Aggregate. Coverage will be required for any Environmental/Pollution related services including but not limited to testing, design, consulting, analysis, or other consulting work, whether self -performed or subcontracted. Additionally, such coverage will include bodily injury, sickness, disease, mental anguish or shock sustained by any person, including death; property damage including physical injury to or destruction of tangible property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible WDBC Document No. W-1708-2013 Attachment G— Special Conditions — LS317 Major Upgrade Page G-61 313121 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE property including the resulting loss of use thereof, cleanup costs, and the loss of use of tangible property that has not been physically injured or destroyed; defense including costs, charges and expenses incurred in the investigation, adjustment or defense of claims for such compensatory damages; coverage for losses caused by pollution conditions that arise from the operations of the DESIGN/BUILD FIRM including transportation. CITY shall be named as additional insured. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date of this Contract and with a three (3) year reporting option beyond the Annual expiration date of the policy. Note: Umbrella or Excess Liability policies may be used to obtain the total limits of liability required to meet the required limits of coverage stated above. Evidence of such coverage should clearly demonstrate the underlying coverages/policies that are included. 19. Professional Liability (Errors and Omissions): The DESIGN/BUILD FIRM shall maintain during the term of this Contract, Professional Liability Insurance in the minimum amount of $1,000,000 per occurrence. Coverage will be broad to include Errors and Omissions specific to DESIGNBUILD FIRM's Professional Liability for direct and contingent design -errors and Architect's/Engineer's Professional Liability with no exclusions for Design -Build work. Coverage will be provided on an Occurrence Form or a Claims Made Form with a retroactive date equal to at least the first date ofthis Contract and with a three (3) year reporting option beyond the Annual expiration date of the policy. 20. Builder's Risk: During the course of the Contract, the DESIGNBUILD FIRM shall be responsible to maintain Builder's Risk Insurance coverage with the limit being equal to 100% of the Guaranteed Maximum Price (GMP) value (Replacement Value) of Phase 2 the Project; including contractor's labor, materials and equipment used for completion of the Work. The Builder's Risk policy shall include the SPECIAL FORM/ALL RISK COVERAGES. The deductible for flood, wind, and hail cannot exceed 5% of the insured value. No deductible greater than $50,000 shall be permitted for all other perils. The DESIGN/BUILD FIRM is responsible for payment of deductibles for all losses except for those losses as a direct result off orce Majeure. The CITY and the DESIGN/BUILD FIRM shall be the certificate holder and Additional Named Insured. The DESIGN/BUILD FIRM entity (i.e. Joint Venture, Partnership, etc.) must be a named insured on all required insurance coverages. The CITY shall be named as additional insured under the Commercial General Liability Policy, the Umbrella Policy, and the Contractor's Pollution Coverage. Depending upon the nature of any aspect of this Project and its accompanying exposures and liabilities, the CITY may, at its sole option, require additional insurance coverages in amounts responsive to those liabilities which may or may not require that the CITY also be named as additional insured. Said insurance shall be written by an insurer holding a current certificate of authority pursuant to Chapter 624, Florida Statutes. Such insurance shall be endorsed to provide for a waiver of underwriter's rights and subrogation in favor of the CITY of Boynton Beach. Such insurance shall be written by an insurer with an A.M. Best Rating of A- VII X or better. Prior to commencing any work on the Project, Certificates of Insurance approved by the CITY's Risk Management Department evidencing the maintenance of said insurance shall be furnished to the CITY. The insurance policies shall be endorsed to provide that no material alteration or cancellation, WDBC Document No. W-1708-2013 Attachment G— Special Conditions — LS317 Major Upgrade Page G-62 313121 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE including expiration and non- renewal shall be effective until thirty (30) days after receipt of written notice to the CITY. Anything to the contrary, notwithstanding liabilities of the DESIGN/BUILD FIRM under this Contract shall survive and not be terminated, reduced or otherwise limited by any expiration or termination of insurance coverages. Neither approval nor failure to disapprove insurance furnished by the DESIGN/BUILD FIRM shall relieve the DESIGN/BUILD FIRM from responsibility to provide insurance as required by the Contract. 21. Bonds: In accordance with the provisions of Florida Statutes §255.05, the DESIGN/BUILD FIRM shall provide to the CITY, on forms furnished by the CITY, a 100% Performance and a 100% Payment Bond, each in the amount less than the Guaranteed Maximum Price, being less the Design and Engineering Fees. No qualifications, modifications or riders to the bond forms are permitted. The Payment and Performance Bonds must be duly recorded in Palm Beach County Public Records as a condition precedent to the CITY's issuance of a Notice to Proceed. The performance bond shall be conditioned that the DESIGN/BUILD FIRM performs the Contract in the time and manner prescribed in the Agreement. The payment bond shall be conditioned that the DESIGN/BUILD FIRM makes payments to all persons who supply the DESIGN/BUILD FIRM with labor, materials and supplies used directly and indirectly by the DESIGN/BUILD FIRM in the performance of the Work provided for in resultant Contract, and any change orders shall provide that the surety shall pay the amount not exceeding the sum provided in the bonds, together with interest at the maximum rate allowed by law and that the DESIGN/BUILD FIRM and surety shall indemnify and hold harmless the CITY to the extent of any and all payments in connection with the performance of this Contract which the CITY may be required to make by law. To be acceptable to the CITY as Surety for Performance Bonds and Payment bonds, a Surety company shall comply with the following provisions outlined in the General Conditions herein. The Surety company shall not expose itself to any loss on any one risk in an amount exceeding ten (10) percent of its surplus to policyholders, provided: a. Any risk or portion of any risk being reinsured shall be deducted in determining the limitation of the risk as prescribed in this section. These minimum requirements shall apply to the reinsuring carrier providing authorization, or approval by the State of Florida, Department of Insurance to conduct business in the state has beenmet. b. In the case of the surety insurance company, in addition to the deduction for reinsurance, the amount assumed by any co -surety, the value of any security deposited, pledged or held subject to the consent of the surety and for the protection of the surety shall be deducted. The performance and payment bonds shall continue in effect for one (1) year after the final payment becomes due except as otherwise provided by law or regulation or by the Contract Documents with the final sum of those bonds reduced after final payment to an amount equal to twenty five percent (25%) of the agreed GMP, less design and engineering fees, or an additional bond shall be conditioned that DESIGN/BUILD FIRM shall correct any deficiencies or faulty Work or material which appears within one (1) year after Final Completion of the Agreement, upon notification of the CITY. WDBC Document No. W-1708-2013 Attachment G — Special Conditions — LS317 Major Upgrade Page G-63 313121 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE 22, Harmony: DESIGN/BUILD FIRM is advised and agrees that it will exert every reasonable and diligent effort to assure that all labor employed by DESIGN/BUILD FIRM and its Subcontractors for work on the Project shall work in harmony with and be compatible with all other labor being used by building and construction contractors now or hereafter on the Site of the Project. DESIGN/BUILD FIRM further agrees that this provision will be included in all subcontracts of the subcontractors as well as the DESIGN/BUILD FIRM's own contract; provided however, that this provision shall not be interpreted or enforced so as to deny a bridge on account of membership or non -membership in any labor union or labor organization, the right of any person to work as guaranteed by Article 1, Section 6 of the Florida Constitution. 23. Apprentices: If the DESIGN/BUILD FIRM employs apprentices on the project; the behavior of the DESIGN/BUILD FIRM and CITY shall be governed by the provisions of Florida Statutes, Chapter 446, and by applicable standards and policies governing apprentice programs and agreements established by the Division of Labor of the Florida Department of Labor and Employment Security. The DESIGN/BUILD FIRM will include provisions similar to the foregoing sentence in each subcontract. 24. Confidentiality and Public Records Law: Any information disclosed by one party ("Disclosing Party") to the other party ("Recipient") in connection with this Contract that is marked confidential or that due to its character and nature, a reasonable person under like circumstances would treat as confidential (the "Confidential Information") will be protected and held in confidence by the Recipient. Confidential Information will be used only for the purposes of this Contract and related internal administrative purposes. Disclosure of the Confidential Information will be restricted to the Recipient's employees, contractors, or alliance companies on a "need to know" basis in connection with the Work, who are bound by confidentiality obligations no less stringent than these prior to any disclosure. Each party may disclose Confidential Information relating to the Work to providers of goods and services such disclosure is necessary and reasonably anticipated. Confidential Information does not include information which: (i) is already known to Recipient at the time of disclosure; (ii) is or become publicly known through no wrongful act or failure of the Recipient; (iii) is independently developed by Recipient without benefit of Disclosing Party's Confidential Information; or (iv) is received from a third party which is not under and does not thereby breach an obligation of confidentiality. Each party agrees to protect the other's Confidential Information at all times and in the same manner as each protects the confidentiality of its own proprietary and confidential materials, but in no event with less than a reasonable standard of care. A Recipient may disclose Confidential Information to the extent required by law, but that disclosure does not relieve Recipient of its confidentiality obligations with respect to any other party. Except as to the confidentiality of trade secrets, these confidentiality restrictions and obligations will terminate five (5) years after the expiration or termination of the Contract under which the Confidential Information was disclosed, unless the law requires a longer period. The parties acknowledge that the CITY is a municipal corporation that is subject to Florida Statutes § ] ] 9, and related statutes known as the "Public Records Laws." If a request is made to view such Confidential Information, CITY will notify DESIGN/BUILD FIRM of such request and the date that such records will be released to the requester unless DESIGN/BUILD FIRM obtains a court order enjoining such disclosure. If the DESIGN/BUILD FIRM fails to obtain that court order enjoining disclosure, CITY will release the requested information on the date specified. Such release shall be deemed to be made with the DESIGN/BUILD FIRM's consent and will not be deemed to be a violation of law, including but not limited to laws concerning trade secrets, copyright or other intellectual property. In the event the DESIGNBUILD FIRM breaches this Contract, then the DESIGNBUILD Page G-64 3/3/21 WDBC Document No. W-1708-2013 Attachment G — Special Conditions — LS317 Major Upgrade PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE FIRM hereby grants CITY a limited license to use the Confidential Information in any reasonable way in order to mitigate CITY's damages. 25. Severability: Should any provision of this Contract be deemed or determined to be unenforceable by a court of competent jurisdiction, the remaining contract provisions shall remain in full force and effect. Verification of Employment Status: The CITY shall not intentionally award contracts to any contractor who knowingly employs unauthorized immigrant workers, constituting a violation of the employment provisions of the Immigration and Naturalization Act ("INA"). The CITY shall consider the employment by the DESIGN/BUILD FIRM of authorized immigrants, a violation of Section 274A(e) of the INA. The DESIGN/BUILD FIRM agrees that such violation shall be grounds for the unilateral cancellation of the Contract by the CITY. 26. Payment of Overtime: Unless already included in Phase -2 Construction Costs, any Overtime required for the DESIGN/BUILD FIRM to complete the Work within the Contract Time shall be at the sole cost and expense of the DESIGN/BUILD FIRM. If CITY requires the DESIGNBUILD FIRM to perform Overtime Work in order to complete the Work prior to the Guaranteed Completion Date, the DESIGN/BUILD FIRM shall invoice the CITY for the Overtime such that only the actual costs incurred by the DESIGN/BUILD FIRM relating to the payment of Overtime premiums, in accordance with the labor policies and applicable laws. Such actual costs include Overtime wage premium, and additional taxes and insurance directly associated with the Overtime wage premium. The DESIGN/BUILD FIRM agrees that it will not charge for personnel paid a salary, or other form of compensation such that the DESIGN/BUILD FIRM incurs no direct costs as a result of the Overtime. The DESIGN/BUILD FIRM shall total the direct Overtime charges, and add the agreed upon overhead rate, but in no case shall such overhead rate exceed ten -percent (10%) of the total Overtime costs. Overtime may only be charged to CITY if the DESIGN/BUILD FIRM was directed in writing by the CITY to incur the Overtime. Such authorization for Overtime shall be accompanied by a Change Order 27. Scheduling of Overtime: The CITY and the DESIGN/BUILD FIRM shall establish and agree upon an overall project baseline schedule that includes all scheduled work. Normal working hours shall be 7:00 AM to 5:00 PM on weekdays. No work shall be performed on Saturdays, Sunday, or City observed holidays unless otherwise authorized in writing by the Owner's Project Manager a minimum of forty- eight (48) hours in advance. Design -Builder may work beyond 5:00 PM on occasion based on the actual daily progress of the work and per the approved project schedule. Construction observation and/or inspection services performed by the Owner beyond the normal weekday working hours of 7:00 AM to 5:00 PM, if needed, shall be paid for by the Design -Builder at an hourly rate of $100.00 for each of the Owner's inspectors providing such service. This hourly rate shall apply to overtime required by the Owner on weekdays, weekends, and City observed holidays. 28. Force Majeure: No party shall be liable for any default or delay in the performance of its obligations under this Contract due to an act of God or other event to the extent that: (a) the non-performing party is without fault in causing such default or delay; (b) such default or delay could not have been prevented by reasonable precautions; and (c) such default of delay could not have been reasonably circumvented by the non-performing party through the use of alternative sources, work -around plans or other means. Such causes include but are not limited to: act of civil or military authority (including but not limited to courts and administrative agencies); acts of God; war, terrorist attacks; riot; WDBC Document No. W-1708-2013 Attachment G — Special Conditions — LS317 Major Upgrade Page G-65 313121 PROGRESSIVE DESIGN/BUILD AGREEMENT FOR RFQ 013-2821-21/TP LIFT STATION 317 MAJOR UPGRADE insurrection; inability of CITY to secure approval, validation, or sale of bonds; inability of CITY or DESIGN/BUILD FIRM to obtain any required permits, licenses or zoning, blockades; embargoes; sabotage; epidemics; fires; hurricanes; tornados; floods, or strikes. In the event of any delay resulting from such causes, the time for performance of each of the parties hereunder (including the payment of monies if such event actually prevents payment) shall be extended for a period of time reasonably necessary to overcome the effect of such delay, except as provided for elsewhere in the Contract Documents. In the event of any delay or non-performance resulting from such causes, the party affected shall promptly notify the other in writing of the nature, cause, date of commencement and the anticipated impact of such delay or non- performance. Such written notice, including Change Orders, shall indicate the extent, if any, to which it is anticipated that any delivery or completion dates will be thereby affected. 29. Interruptions: In situations whereby DESIGNBUILD FIRM deems it necessary to interrupt operations, only a twenty-four (24) hour downtime is permissible. WDBC Document No. W-1708-2013 Attachment G — Special Conditions LS317 Major Upgrade PDB Page G-66 313121 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: that (Insert name of Contractor) as Principal, (Address or legal title of Contractor) hereinafter called Contractor, and (Name and address of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, in the amount of Dollars ($ ), for payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written agreement dated , 20 , entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade 1 NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform such Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. Whenever Contractor shall be, and declared by Owner to be in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a bid or bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the most responsible bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the most responsible bidder, arrange for a contract between such bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this bond must be instituted before the expiration of one (1) year from the date on which final payment under the Contract falls due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators or successors of the Owner. This bond is issued in compliance with Section 255.05, Florida Statutes as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade Signed and sealed this day of 2021. Principal (Seal) Witness Title Surety Witness Attorney -in -Fact END OF PERFORMANCE BOND THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade PAYMENT BOND THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Address or legal title of contractor) hereinafter called Principal, and (Insert name of Contractor) (Name and address of Surety) as Principal, as Surety, hereinafter called Surety, are held and firmly bound unto CITY OF BOYNTON BEACH, P.O. BOX 310, BOYNTON BEACH, FLORIDA 33425-0310 as Obligee, hereinafter called Owner, for the use and benefit of claimants as here below defined, in the amount of Dollars ($ ), for payment whereof Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has by written agreement dated _ 2021, entered into a contract with Owner for in accordance with drawings and specifications prepared by which contract is by reference made a part of hereof, and is hereinafter referred to as the Contract. NOW THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Principal shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Principal or with a subcontractor of the Principal for labor, material or both, used or reasonably required for use in the performance of the Contract, labor and material being construed to include that part of water, THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade PYB- 1 gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Principal and Surety hereby jointly and severally agree with the Owner that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this bond for the use of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The Owner shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a. Unless claimant, other than one having a direct contract with the Principal, shall have given written notice to any two of the following: the Principal, the Owner, or the Surety above named, within ninety (90) days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which such claimant is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for when the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in an envelope addressed to the Principal, Owner or Surety, at any place where an office is regularly maintained for the transaction of business, or served in any manner in which legal process may be served in the State in which the aforesaid project is located, save that such service need not be made by a public officer. b. After the expiration of one (1) year following the date on which Principal ceased work on such Contract, it being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c. Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the State in which the Project, or any part thereof, is situated, or in the United States District Court for the district in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this bond shall be reduced by and to the extent of a payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics liens which may be filed of record against such improvements, whether or not claim for the amount of such lien be presented under and against this bond. 5. This bond is issued in compliance with Section 255.05, Florida Statutes, as may be amended. A claimant, except a laborer, who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 45 days after beginning to furnish labor, materials, or supplies for the prosecution of the work, furnish the Contractor with a notice that he intends to look to the bond for protection. A claimant who is not in privity with the Contractor and who has not received payment for its labor, materials, or supplies shall, within 90 days after performance of the labor or after complete delivery of the materials or supplies, deliver to the Contractor and to the Surety written notice of the performance of the labor or delivery of the materials or supplies and the nonpayment. No action for the labor, materials, or supplies may be instituted against the Contractor or the Surety unless both notices have been given. No action shall be instituted against the Contractor or the Surety on THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade PYB- 2 the bond after one (1) year from the performance of the labor or completion of delivery of the materials or supplies. Signed and sealed this day of , 2021. Principal (Seal) Witness Surety Witness Attorney -in -Fact END OF PAYMENT BOND THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade PYB- 3 CITY OF BOYNTON BEACH WARRANTY OF TITLE STATE OF FLORIDA COUNTY OF , being first duly sworn, deposes and says as follows: He is of (Title) (Name of Corporation or Firm) a Florida Corporation () Check One a Florida General Partnership () a Florida Limited Partnership ( ) a Sole Proprietor () which is named in Construction Contract dated the day of , 20 between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated , passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Section 713.06 Florida Statutes. Sworn to and subscribed before me this day of 12021. Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Affiant THIS FORM SHALL BE EXECUTED BY CONTRACTOR AND SUBMITTED AT AWARD LS317 Major Upgrade WT- 1 uyJ 1J City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if'Certificate is provided upon selection. of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 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 $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Interniodal Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk Limits based on Project Cost ------------------------------------------------------------------------------------------------------------------------------------------- Other - As Risk identified to be detennined INSURANCE ADVISORY uyJ 1J APPENDIX "A " LIFT STATION 317 MAJOR UPGRADE PROGRESSIVE DESIGN BUILD RFQ #013-2512-21ITP Drawing / Plans City of Boynton Beach CH2MHILL - Site Improvements for Pump Station 317 - May 2004 RUSSELL & AXON - Record Drawings - November 1976 Page 167 of 453 �iw wzHoc> ao.�ia oad iii si e�ina3s'i"viiolse3�ona ao i�al��ais'n.H Hv sv'iilaer�iio�iveoaeo�Hisi res"3"oaH"v'svaoiaiii arro'i�3w�ooa"s`iui SAN .n000 io asnm 1Hiiivye 1s XX a v o .. , I Ie ---------------- _..."..__.. 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Oa M TU:. � m � s 0 Y I N V N u I��L' I wry, ao BCW z. dv✓nd 4 y v � W I" 5+'. ,kMv, kMY'I q .�, W M'��` �Y W �i� �f.r' •h ry".vrk ,lwi, b a ani o 2 a� s i y ci� 8 uw� 00 y bosorro9"I UOLINlN'lNOJ ` ol Qf V w ova;rr Wz. I " f, LL q p•S' { y .. :, ,_, .., , -. .w , ,.,.. n .0 . , , n •�. "`lk,'Jf�. a ...." .,, v„ , .�.,,`Ka°s.£ T ..,�c;.. l^`h. wn..•u'+�,1e .� ... -.. , _ . , ., . , enV, Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-121 - Authorize the Mayor to sign the application and agreement for Library State Aid to Public Libraries Grant for FY 2021-2022. Explanation of Request: The State requires that each year, the City Commission authorize the Grant Application and Agreement for State Aid to Public Libraries. Final grant award is based on City funds expended for Library Services in FY 2019-2020 ($3,050,028). Final grant award, which is estimated to be $52,257, will be announced in February 2022 and is based on State Legislature approval of State Aid Fund allocation to Libraries in the State of Florida. How will this affect city programs or services? This approval will qualify the Library to receive a State Aid Grant. The State Aid Grant program is designed to encourage communities to provide adequate local funding to support library service. These grant funds will help purchase future library technology equipment. Fiscal Impact: Non -budgeted State Aid Grants are operational grants that bring additional library resources to the community. Grants formulas are based on local funds invested in library service. The more local money spent on Library Services, the higher the grant amounts. Alternatives: Do not approve and eliminate the Library from the State Aid Grant Program. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Yes Grant Amount: 52,257 Attachments: Page 181 of 453 Ty pe Description FResolk.Alon appirmAing I Jbirairy Staile ll d G;iraint Agireeirneint aind application for IF:::Y 21...2 Page 182 of 453 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 GRANT APPLICATION AND STATE AID TO LIBRARIES GRANT 6 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND 7 FLORIDA DEPARTMENT OF STATE FOR THE FISCAL YEAR 8 2021-2022; AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the State of Florida requires that the City of Boynton Beach authorize the 12 Grant Application and Agreement for Library State Aid each year; and 13 WHEREAS, final grant award is based on FY 2019-2020 City of Boynton Beach funds 14 expended for Library Services; and 15 WHEREAS, the final grant award, which is estimated to be $52,257.00, will be 16 announced in February, 2022 and is based on State Legislature approval of State Aid Fund 17 allocation to libraries in the State of Florida; and 18 WHEREAS, upon recommendation of staff, the City Commission has determined that 19 it is in the best interests of the residents of the City to authorize the Mayor to sign the State 20 Aid to Libraries Grant Application and Agreement with the Florida Department of State, 21 Division of Library and Information Services for the Fiscal Year 2021-2022. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 being true and correct and are hereby made a specific part of this Resolution upon adoption 26 hereof. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby S:ACA\RESO\Agreements\Grants\Library State Aid Grant 2021-22 - Reso.docx Page 183 of 453 28 approve and authorize the Mayor to sign the State Aid to Libraries Grant Application and 29 Agreement with Florida Department of State, Division of Library and Information Services for 30 the Fiscal Year 2021-2022, a copy of which is attached hereto as Exhibit "A". 31 Section 3. This Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this 21 st day of September, 2021. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 36 37 38 39 40 41 42 43 44 45 46 47 ATTEST: 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) Mayor — Steven B. Grant Vice -Mayor — Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Agreements\Grants\Library State Aid Grant 2021-22 - Reso.docx VOTE YES NO Page 184 of 453 6.C. Consent Agenda 9/21/2021 Requested Action by Commission: Approve the updated Library Long Range Plan for FY2021-2026. Explanation of Request: The State of Florida requires that the City Commission formally approve the Library Long Range Plan in order to be eligible to apply for State Aid Grants. This is a five-year rolling plan that is updated each year by Library Administration and approved by City Commission. How will this affect city programs or services? Approval will qualify the Library to apply for State Aid Grants. This plan does not commit the City to any additional budgetary commitments other than what is addressed is already requested in the FY2021-2022 Budget Request. Fiscal Impact: State Aid Grants bring additional library resources to the community (estimated at $52,257 for FY21-22). The Technology Plan expenses are all addressed in existing budget request. Alternatives: Do not approve and eliminate the Library from receiving funding from the State Aid to Libraries Program. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Yes Grant Amount: $52,257 Attachments: Type Description D Attachment 1.....lilbirairyr Il.....oix RQ:,wir ge Plain II:::::Y2021 2526 Page 185 of 453 Boynton Beach City Library Long -Range Plan FY 2021-2026 A. Mission Statement. The Boynton Beach City Library enriches lives by inspiring learning and nurturing creativity. B. Service Statement. Knowledgeable library staff anticipates customer expectations and responds by providing relevant resources and current technology with personal service and convenience. We value Diversity, Integrity, Stewardship and Creativity. C. Long -Range Goals - General Statements. The following goal statements define the philosophy of service and determine the broad-based elements of the practical implementation of the library service philosophy subscribed to by the Boynton Beach City Library. 1.0 Research Services. Patrons receive up-to-date and accurate information in a timely manner with assistance from courteous and knowledgeable staff. 2.0 Popular Materials. Patrons have access to current, high demand, high interest materials in a variety of formats, within a reasonable time frame. 3.0 Lifelong Learning. Independent learners obtain materials, access to computers, and receive assistance from staff as they work to attain their lifelong learning goals. 4.0 Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 5.0 Facilities. Patrons are provided attractive, well-maintained, user-friendly facilities offering expanded technologies and quiet study spaces. 6.0 Staff. The public is assisted by knowledgeable, well-trained, courteous and service- oriented staff. 7.0 Technology. Patrons and staff use appropriate technology to facilitate access to information. 8.0 Public Relations. The library promotes awareness of library resources, programs, materials and the availability of staff assistance through media, social media & outreach efforts. 9.0 Cooperation. Palm Beach County residents (except for residents of the City of Boca Raton, Highland Beach, Manalapan and the Town of Palm Beach) have access to expanded services and resources by the Library's participation in cooperative networks. Boynton Beach City Library also participates in the Sunshine Library Card Program through the Southeast Florida Library Information Network (SEFLIN). This allows Boynton library card holders borrowing privileges at the libraries of Carlos Albizu University. Barry University, Broward College, Everglades University, Florida Atlantic University, Florida International University, Florida Memorial University, Florida National University, Keiser University, Larkin University, Lynn University, Martin County Library System, North Miami Beach Public Library, North Miami Public Library, Nova Southeastern University, Palm Beach Atlantic University, Palm Beach State College, Wilton Manors Public Library, St. John Vianney Seminary, St. Thomas University, Trinity International University and the School District of Palm Beach County. 10.0 Administration. The public receives the highest quality library service at the most reasonable cost through routine review, evaluation and modification of the organization and its operations, policies, procedures and collections. Page 186 of 453 D. Goals and Objectives. 1.0 Research. Patrons receive up-to-date and accurate information in a timely manner with assistance from courteous and intuitively alert staff. 1.1 Objective 1. Continue to improve patron access to research materials, local archives and electronic resources, by using both the Florida Electronic Library and local resources, FY2021-2026. 1.2 Objective 2. Serve as the informational resource center for education opportunities, FY2021-2026. 1.3 Objective 3. Develop and maintain high quality, relevant and customer-oriented service. 1. Outcome 1. Offer staff training dealing with communication, customer relations, team building, organizational skills, technology and research sources and services, FY2021-2026. 1.4 Objective 4. Increase awareness of high interest items via standard and enhanced cataloging using OCLC (Online Computer Library Center) records. 1. Outcome 1. Optimize Technical Services' workflow to expedite cataloging and processing, FY2021-2026. 2. Outcome 2. Prepare finding aids for the public to easily access historical collections and improve bibliographic control for Local History & Archives materials. FY2021-2026. 3. Outcome 3. Secure funding for OCLC Membership that will allow staff to upload cataloging records for new library collections and manage Interlibrary loan requests. 2.0 Popular Materials. Patrons have access to current, high demand, high interest materials in a variety of formats, within a reasonable time frame. 1.1 Objective 1. Review and update Collection Development Policy, FY2021-2026. 1.2 Objective 2. Increase total number of library cardholders by five percent (5%) annually. 1.3 Objective 3. Improve patron access to circulating and research materials in all formats (including home access to electronic resources), ongoing. 1.4 Objective 4. Continue youth and teen Summer Reading Programs and Adult Reading Program. 1.5 Objective 5. Continue to develop eBook collections using Overdrive/Libby and CloudLibrary. 1.6 Objective 6. Increase use ofFreegal downloadable music and music streaming. 1.7 Objective 7. Increase use of Transparent Languages, an electronic language instruction database. 1.8 Objective 8. Increase use of Overdrive/Libby electronic magazine database. 1.9 Objective 9. Offer free lending of laptops within the library walls to adults and teens. 3.0 Lifelong Learning. Independent learners obtain materials, information and staff assistance to attain their lifelong learning goals. 1.1 Objective 1. Refine and continue to expand public computer training, concentrating on library databases, employment resources, e-government resources, Microsoft Office software and small business resources, FY2021- 2026. 1.2 Objective 2. Define and collect statistical data, such as computer use logs, classes and web site use, library visitation and measure public use of electronic resources comparing and analyzing data annually, FY2021-2026. 2 Page 187 of 453 1.3 Objective 3. Continue adult, youth and teen programming and implement improvements, FY2021-2026. 1.4 Objective 4. Increase use of Learning Express Database for digital literacy, career development and educational skills. FY2021-2026. 1.5 Objective 5. Increase us of Knowledge City training database for all types of self-paced training and professional skills. 4.0 Formal Education. Students of all ages receive resources and staff support assisted by a strong library/school relationship. 1.1 Objective 1. Develop one library/school partnership program annually, FY2021-2026. 1.2 Objective 2. Enhance resources and programming to support the improvement of school-age reading, FY2021-2026. 1.3 Objective 3. Support adult, teen and youth learners with ESL (English as a Second Language) outreach services and supplemental materials. 1.4 Objective 4. Support literacy activities with three full-time AmeriCorps members. One for the Homework Help Program, the second for the adult learner tutoring program, and the third for teen tutoring and college preparation. FY2021-2026. 1.5 Objective 5. Library staff will identify current technologies that will support community needs. 1.6 Objective 6. Continue offering the Career Online High School (COHS) Program for adults seeking a high school diploma. 1. Outcome 1. Award up to ten scholarships to COHS students. 5.0 Facilities. Users are provided attractive, well-maintained, user-friendly library facilities offering expanded, relevant resources and current technologies. 1.1 Objective 1. Support Schoolhouse Museum facility and staff as outlined in the management agreement between the City and the Boynton Cultural Centre, Inc., FY2021-2026. 1.2 Objective 2. Provide a secure environment for patrons using the library. 1. Outcome 1. Continue to strive for fewer incidents in and around the library facilities and grounds. 2. Outcome 2. Provide proactive police security at appropriate times. 1.3 Objective 4. Continue to grow the library's Creative Edge Studio makerspace. 1. Outcome 1. Evaluate current offerings and add appropriate equipment and public training sessions for entrepreneurs and the general public. FY2021-2026. 2. Outcome 2. Purchase appropriate technology and Creative Edge Studio equipment using State Aid funds. FY2021-2026. 3. Outcome 3. Continue being a supporting resource for City Hall's FAU business incubator members. 6.0 Staff. The public is assisted by knowledgeable, well-trained, courteous and service- oriented staff. 1.1 Objective 1. Working with the City's Human Resources staff to incorporate City's education/training component into library staff training plans. 1.2 Objective 2. Recruit, train and sustain a dedicated staff, advisory board and volunteers. 1.3 Objective 3. Provide staff with research and technology training in accordance with in-house training curriculum. 3 Page 188 of 453 1.4 Objective 4. Staff will take advantage of multilibrary cooperatives including SEFLIN, NEFLIN, SWFLIN, TBLC, PLAN and Florida State Library sponsored library-related training. 7.0 Technology & Digital Services. Patrons and staff use appropriate technology to facilitate access to information. (See full Technology Plan) 1.1 Objective 1. Evaluate existing public access to electronic resources, and market and expand use of all free digital resources, FY2021-2026. 1.2 Objective 2. Evaluate and maintain patron interactive Koha OPAC (Online Public Access Computer) features both in-house and remote access. FY2021- 2026. 1.3 Objective 3. Continue social media program using Facebook, Twitter & Instagram. Continue updating programming on the Library's page of the City's website and the TV monitors located throughout City Hall. FY2021-2026. 1.4 Objective 4. Upgrade public access computers, laptops, software and licensing, FY2021-2026. 1.5 Objective 5. Continue agreement with Unique Management Services and Koha to collect outstanding patron accounts FY2021-2026. 1.6 Objective 6. Add one full-time Public Technology Trainer position (pending approval of ARPA Grant) to teach basic and interinediate public computer courses to all ages that could include basic computing, Internet, email, MS Office products and Adobe Photoshop. Entrepreneurship training that could include How to Write a Business Plan, How to Find Funding to Start a Small Business, QuickBooks, How to Start an Online Business using Etsy, Shopify, eBay and social media marketing for small business owners. FY2021-2026. 8.0 Public Relations. The library promotes awareness of library resources, programs, materials and the availability of staff assistance through media, social media and outreach efforts. 1.1 Objective 1. Review techniques and methods for marketing/promoting the library throughout the community and continue our partnership with City Marketing Department, FY2021-2026. 1.2 Objective 2. Continue to build and maintain close working relationship with news media. 1.3 Objective 3. Utilize the Internet and relevant media sources to promote ongoing services with the assistance of the City Marketing Department, FY2021-2026. 1.4 Objective 4. Create and maintain partnerships between library and schools, businesses, churches, HOAs and non-profit community organizations. FY2021- 2026. 1.5 Objective 5. Continue marketing of library programs and services, FY2021- 2026. 1.6 Objective 6. Enhance citizens' knowledge of library services, FY2021-2026. 1.7 Objective 7. Increase public awareness of Local History and Archives resources in the Library's collections. FY2021-2026. 1. Outcome 1. Continue digitizing photographs, ephemera and create finding aids. 2. Outcome 2. Continue uploading local digital resources to the DPLA (Digital Public Library of America). 9.0 Library Cooperation. Palm Beach County residents (except for residents of the City of Boca Raton, Highland Beach, Manalapan and the Town of Palm Beach) have free access to expanded services and resources by the Library's participation in cooperative networks. Boynton Beach City Library also participates in the Sunshine Library Card 4 Page 189 of 453 Program through the Southeast Florida Library Information Network (SEFLIN). This allows Boynton library card holders borrowing privileges at the libraries of Carlos Albizu University. Barry University, Broward College, Everglades University, Florida Atlantic University, Florida International University, Florida Memorial University, Florida National University, Keiser University, Larkin University, Lynn University, Martin County Library System, North Miami Beach Public Library, North Miami Public Library, Nova Southeastern University, Palm Beach Atlantic University, Palm Beach State College, Wilton Manors Public Library, St. John Vianney Seminary, St. Thomas University, Trinity International University and the School District of Palm Beach County. 1.1 Objective 1. Increase staff participation in SEFLIN training programs and workshops, FY2021-2026. 1.2 Objective 2. Maintain cooperative partnership with the Library Cooperative of the Palm Beaches, FY2021-2026. 1.3 Objective 3. Continue Cooperative Authority for Library Automation (COALA) Koha services plan via Southeast Florida Library Information Network (SEFLIN) that includes resource sharing between the Boynton Beach City Library, Delray Beach Public Library, Palm Springs Public Library and Lake Park Public Library. FY2021-2026. 1.4 Objective 4. Improve access to library materials and programs by promoting the sharing of resources among the member libraries of the Library Cooperative of the Palm Beaches and SEFLIN member libraries, FY2021-2026. 1.5 Objective 5. Continue cooperative services and staff participation in COALA, SEFLIN and the Library Cooperative of the Palm Beaches. 1. Outcome 1. Provide opportunities to full-time staff members to attend, in person or virtually, at least two cooperative training activities annually. 2. Outcome 2. Encourage staff usage of SEFLIN's "Community of Learning." 1.6 Objective 6. Continue access of other libraries to our collection materials through interlibrary loan via FLIN (Florida Library Information Network) and OCLC, FY2021-2026. 1.7 Objective 7. Promote visits to Boynton Beach City Library and the Town Square area, FY2021-2026. 1. Outcome 1. Attain positive press coverage at least five (5) times in the print media annually. 2. Outcome 2. Offer programs for all ages encouraging library visitation. 10.0 Administration. The public receives the highest quality library services at the most reasonable cost through routine review, evaluation, and modification of the organization, and its operations, policies, and procedures. 1.1 Objective 1. Publish library policies that promote fair and equitable patron service, facilitate optimal access to the wide range of informational resources, and are relevant to the needs and demands of the community, FY2021-2026. 1.2 Objective 2. Review, evaluate and update existing Customer Relations procedural manual for relevance and accuracy, FY2021-2026. 1.3 Objective 3. Conduct annual reviews of library policies and procedures so as to ensure relevant, current and effective community access to the Library's information resources, FY2021-2026. 5 Page 190 of 453 1.4 Objective 4. Revise and update the Long-Range and Technology Plans reflecting current and future needs for the provision of quality library services and information resources to the community, annually. Page 191 of 453 Library Technology Services Plan FY2021-2022 1.0 Goals, Objectives, Outcomes and Measurements 1.1 Goal 1. Provide for expanded patron access to the informational resources available at the local, regional, state, national and international levels through the increased utilization of state-of-the-art technological tools and resources. 1.1.1 Objective 1. Acquire, maintain and upgrade the technological capability enabling the expansion of access to the wide range of informational resources and the maintenance of a secure and safe electronic environment, FY2021-2022. 1. Outcome 1. Continue with the library technology upgrade plan which provides a schedule for replacing approximately one fourth of the Library's public computers every year. a. Measurement 1. 20 outdated computers/laptops will be replaced and installed FY2021-22 as part of the technology upgrade plan. 2. Outcome 2. Continue following network infrastructure upgrade plan by following a schedule for replacing each of the two servers, communications hardware and other related equipment within a five- year period. 3. Outcome 3. Continue supporting ecommerce payments using Comprise Smart Pay. FY2021-2022. 1.1.2 Objective 2. Maintain appropriate communications technologies so as to insure a reasonable level of consistent, effective, secure and safe internet/World Wide Web access for all library patrons/users, FY2021-2022. 1. Outcome 1. The library staff will review at least once a year the pricing, viability and effectiveness of current telecommunications product agreements. a. Measurement 1. The price is competitive; product is reliable with no more than one failure per quarter. 2. Outcome 2. Continue to lease the Comcast Digital Circuit for Internet service by City IT leasing one 150mps and continue with the library leasing one Comcast Cable DSL line for backup, iMail and Rescarta Archive program. 3. Outcome 3. Secure local funding to support 24 Wi-Fi hotspots to lend to library patrons with unlimited data. 1.1.3 Objective 3. Develop, implement and refine policies and procedures which will provide for an efficient and effective public service product, an internal structure to operate and maintain the service and a cost-effective product environment, FY2021-2022. 1. Outcome 1. To have in place a clear, concise and relevant set of library technology related policies and procedures, which insures ease of public access and maintainability. a. Measurement 1. At least once per year, staff reviews, revises or otherwise updates existing and/or proposed technology related policies and procedures. 7 Page 192 of 453 1.1.4 Objective 4. Maintain an organizational structure, which will provide for the maintenance and support of the public access systems, Internet/Web service products, as well as other online services to the patron/user, FY2021-2022. 1. Outcome 1. Secure local funding to maintain the Bibliotheca RFID Self -checks, security gates, workstations, DLA Inventory wand, AMH system, Staff connect software, Mobile DLA, Fastlane Checkout, Laptops Anytime Kiosks, Laptops Anytime software licenses. 1.1.5 Objective 5. Enhance the Teen Media Lab -Virtual Zone, which provides high school age students the opportunity to create digital projects, music and video creation and editing capabilities. FY2021-2022. 1.2 Goal 2. Establish working partnerships with the community at large, including local governmental entities, educational organizations/institutions, cultural agencies and civic groups in order to support and promote quality library electronic service programs throughout the community. 2.0 Professional Development Strategy. In order to maintain and grow a set of library service products based on technological developments the Library will continue to provide technology training and learning opportunities for employees. Improving and enhancing the Library staff s ability to assist the public with accessing information using 21 st century technology and building the staff comfort level is the expected outcome of such training. The professional development strategy takes into consideration the technology needs of both patrons and staff. 2.1 Objective 1. Evaluate and revise ongoing library staff training program that will establish and maintain basic technological skills enabling ease of access. Plan will include Internet/Web access and search strategies, using and searching the online catalog and other skills and knowledge required to function in an electronic information environment and gives a working knowledge of the technological tools and resources available in the Library, FY2021-2022. 1. Outcome 1. All employees who work with the public will be trained in the use of the Koha Circulation System to have sufficient backup personnel for the Customer Relations Desk. a. Measurement 1. Each public service staff member will attend one Koha specific training opportunity provided by Bywater Solutions and/or Koha webinars. 2. Outcome 2. All public service staff will be trained in the use of library related software products, so as to more effectively work with the public on technology related issues. a. Measurement 1. All public service staff will attend no less than two library related software product -training opportunities per year. 3. Outcome 3. The Library's IT Manager will train backup personnel in the operations of the network in order to create an effective level of redundancy. This would maximum problem solving. a. Measurement 1. The IT Manager will provide for three library network -related training events for professional staff members during the year. 4. Outcome 4. The IT Manager will attend system specific training events in order to maintain a state-of-the-art practical knowledge of network functions. 8 Page 193 of 453 a. Measurement 1. The IT Manager will attend at least one technology - related network conference or workshop per year. 2.2 Objective 2. Provide training and learning opportunities for library patrons served by the Library so as to increase access to information and open new learning opportunities. 1. Outcome 1. Hire I FTE Public Technology Trainer (ARPA Grant Funding pending). a. Measurement 1. Increased participation documented by attendance and increased training events as documented through program schedules, lesson plans and other related documentation. Comparison will be based on first year of operation statistical reports. 2. Outcome 2. Increase the number of library patrons who have a strong basic practical knowledge of using technological tools to search bibliographic and other databases. FY2021-2026. a. Measurement 1. Documented through training attendance logs and reduced time requiring staff assistance as documented through monthly reports and statistical data. 3.0 Assessment of Technology Services, Equipment, Software and Other Resources 3.1 Network. The Boynton Beach City Library provides access to archival resources through its servers. The current network has two Dell Power Edge servers, one with Windows Server 2012 installed and the second with open -source Linux. The first server (iMail) hosts the Library's email. The second server using Linux (Rescarta) hosts the digital copies of the Boynton Beach City Directories as well as digital copies of the City's original historical newspapers. These digital copies are available to all of the Library patrons for use in-house only, with the exception of the Lake Worth Herald. 3.2 Computers. The Research Staff, Youth Services, Customer Relations, Library Archives, Technical Services and Administrative staff use 32 computers in support of library activities and 8 staff computers for city related activities. Four laptops are also available for staff. There are 64 computers available for public use — All computers run on Windows 10 Pro and Microsoft Office 2019. These computers possess Internet connectivity and usage is controlled by Envisionware's PC Reservation system. All print to HP Laser Jet Printers controlled by Envisionware's LPT1 printing system. Thirty-eight laptops are located in two separate kiosks, one for adults and one for teens. Wireless Access to the Internet is available in the Library for laptop patrons. All computers and laptops allow for patrons to use flash drives. Public Internet service is now supported by a 150 mbps fiber optic connection from Comcast, which is provided by City IT. Comcast Cable DSL is installed as a backup ISP. 3.2.1 Teen Media Lab. The "Virtual Zone "lrs two iMac computers and two iPads. The two Mac computers each have Adobe Creative Suite, Anime Studio Debut, & Manga Studio and Final Cut Pro. There is also a Yamaha keyboard and a guitar available for teens. 3.3 Printers. There are three printers, various black and white and color HP models, available for the public to use. For staff, there are 16 printers available, various HP color and black and white models. One MakerBot 5th generation 3-D printer is available for teens in the Virtual Zone and a new Dremel 3-D Printer is available for public printing in the Creative Edge Studio. 9 Page 194 of 453 3.4 Technical Support. The network is supported by 3.0 FTE staff in-house, the City's ITS staff and Koha hosted by Bywater Solutions via SEFLIN. Occasionally, for special projects, the Library will contract for short-term support. An additional 0.5 FTE manages the Koha database maintenance and reporting modules. 3.5 Databases. The Library currently subscribes to the following online databases: The Palm Beach Post online, Novel Data Database, Learning Express Library, Freegal, Zinio Magazines, Overdrive/Libby, Transparent Languages, Gales Legal Forms for FL, Gale Small Business Plans, Kanopy, Knowledge City, A -Z Databases, Overdrive Comics, Ancestry Genealogy, Proquest Syndetics and the Florida Electronic Library (provided at no cost by the Florida State Library). 3.6 Staff Training. In order to develop and maintain a set of user-friendly library service products, library staff needs to continue to develop their own skills in the use of technology. The Library conducted training will focus on improving the staff's ability to assist the public with accessing information using current technology. During FY2021-2022 the Library will evaluate its present staff training program. The training program will include working with the Library's catalog, using bibliographic and full -text databases, and developing skills to work in an electronic information environment. Staff is always encouraged to participate in training classes offered through the City's HR Department and SEFLIN Community of Learning program. 3.7 Free Public Training. The Library has provided training and learning opportunities for all library patrons in order to increase their skills in the use of and satisfaction with a variety of library databases and programs. These classes will be offered by a grant funded Public Technology Trainer (pending LSTA grant funding) or will be taught by contracted instructors. We estimate offering no less than fifty different classes, scheduled throughout the year for patrons. 3.8 Library Security Equipment. The Library has a state-of-the-art RFID security system consisting of security gates, and security tags. The police department installed approximately 10-15 cameras placed at the interior of both the youth and adult libraries at no cost to the library and in the lobby areas. 4.0 Budget Planning. The Library will seek to provide sufficient funding to provide the means of achieving the goals and objectives of this plan. 4.1 Objective 1. Utilize State Aid Funds to supplement funding for the goals and objectives of the technology plan, FY2021-2022. 1. Outcome 1. Purchase of 20 new computers/laptops for public and staff use as part of the Library's Technology Plan upgrade for Library, FY2021- 2022. a. Measurement 1. 20 replacement computer/laptops installed during the year using State Aid funds. 2. Outcome 2. Provide STEM programming to our youth patrons using a 3-D printer from MakerBot. a. Measurement 1. Schedule no less than eight educational programs using the 3-D printer. 3. Outcome 3. Secure sufficient funding to provide support for WatchGuard Internet Filtering, Envisionware, Symantec Norton 10 Page 195 of 453 Antivirus, Progress Software, Imail, and Koha, including software upgrades, for the bibliographic database, FY2021-22. a. Measurement 1. Secure local funding to provide software support. 4. Outcome 4. Secure funding to support the maintenance and software upgrade of public computer security and other software enhancements, FY2021-22. a. Measurement 1. Secure local funding to support the maintenance and software upgrade of public computer security and other software enhancements. 5. Outcome 5. Secure local funding for staff and material to support the technology plan and the Library's efforts to provide computer and other technological services to the public. This includes funding support for 3.5 FTE professional, technical staff, FY2021-22. a. Measurement 1. Secure local funding for 3.5 FTE staff to support library technology plan and initiatives, and the necessary material, FY2021-22. 11 Page 196 of 453 4.2 Planned Technology Budget. Source Plan Description Amount Year State Aid 4.1 Outcome 1 20 replacement Desktop $18,000 FY2021-22 PCs/Laptops Local Funds 4.1 Outcome 4 Adobe Acrobat & Archive $1,200 FY2021-22 Software Local Funds 1. 1.2 Outcome 3 24 Sprint/T-Mobile Wireless $9,480 FY2021-22 Hotspots for lending Local Funds 1. 1.2 Outcome 2 Comcast Cable DSL Line -Backup $2,280 FY2021-22 Local Funds 1.4 Outcome 3 OCLC Subscription, Monthly ILL $10,187 FY2021-22 Connection/Cataloging Local Funds 7.2 Objective 2 SEFLIN/COALA Koha + Unique $9,938 FY2021-22 Mgmt. Collection Module Local Funds 4.1 Outcome 5 3.5 FTE Technology Staff $333,308 FY2021-22 Local Funds 3.2 Computers Envisonware Maintenance/LPT1 $3,000 FY2021-22 Printing Client Module Local Funds 4.1 Outcome 4 Microsoft Professional Licenses & $4,000 FY2021-22 Adobe Creative Suite Licenses Local Funds 4.1 Outcome 3 Progressive Software User Service $900 FY2021-22 Agreement, IMAIL Local Funds 1. 1.4 Outcome 1 Bibliotheca RFID Security Gates $3,448 FY2021-22 Maintenance Local Funds 1.1.4 Outcome 1 Bibliotheca Administrative RFID $1,393 FY2021-22 Workstations (7) Maintenance Local Funds 1.1.4 Outcome 1 Bibliotheca Self check Kiosk (3) $4,497 FY2021-22 Maintenance Local Funds 1.1.4 Outcome 1 Bibliotheca Mobile DLA Inventory $599 FY2021-22 Wand, Fastlane Maintenance Local Funds 1.1.4 Outcome 1 Bibliotheca Automated Materials $11,680 FY2021-22 Handling System Maintenance Local Funds 1.1.4 Outcome 1 Bibliotheca Staff Connect to RFID $495 FY2021-22 Gates (5) Licenses Local Funds 4.1 Outcome 3 Bibliotheca Comprise Smart Pay $1,797 FY2021-22 System E -Commerce payments Local Funds 1. 1.4 Outcome 1 Bibliotheca Library Connect $1,245 FY2021-22 Devices (5) Local Funds 1.1.4 Outcome 1 Laptops Anytime Kiosks Hardware $10,185 FY2021-22 Maintenance (2) Local Funds 1.1.4 Outcome 1 Laptops Anytime Software $5,200 FY2021-22 Licenses (2) Local Funds 3.5 Databases Novel Database $30 FY2021-22 12 Page 197 of 453 Local Funds 3.5 Databases Knowledge City Online Training $4,225 FY2021-22 Local Funds 3.5 Databases Kanopy Movie Streaming Database $5,000 FY2021-22 Local Funds 3.5 Databases A -Z Databases $5,900 FY2021-22 Local Funds 3.5 Databases Gale Legal Forms $2,432 FY2021-22 Local Funds 3.5 Databases Gale Business Plan Builder $2,481 FY2021-22 Local Funds 3.5 Databases Newsbank— Palm Beach Post Online $1,221 FY2021-22 Local Funds 3.5 Databases Proquest Ancestry Genealogy Database $3,666 FY2021-22 State Aid 3.5 Databases Overdrive Comic Books $1,500 FY2021-22 Local Funds 3.5 Databases EBSCO Learning Express Library $10,125 FY2021-22 Local Funds 3.5 Databases Bibliotheca C1oudLibrary e -books $2,000 FY2021-22 Local Funds 3.5 Databases Transparent Languages Database $2,400 FY2021-22 State Aid 3.5 Databases Overdrive Zinio Online Magazine Database $2,988 FY2021-22 Local Funds 3.5 Databases Freegal Music Downloads & Streaming $7,330 FY2021-22 State Aid 3.2 Computers Teen Media Lab Software: Adobe Creative Suite, Final Cut Pro, Manga Studio & Anime Studio $1,800 FY2021-22 Local Funds 3.5 Databases Overdrive/Libby e -books Database $6,000 FY2021-22 Local Funds 3.5 Databases Proquest Syndetics DVD & CD Cover Art for Koha $350 FY2021-22 ARPA Grant (pending) 2.2 Objective 2 — Outcome 1 1.0 FTE Public Technology Trainer — Public Computer/Technology Classes/Laptops/Cart/Software $93,084 (Funding pending) FY2021-22 5.0 Plan Evaluation. The basic premise for the evaluation of this technology plan is the satisfactory accomplishment of the mission critical, stated goals, objectives and outcomes, as demonstrated through the analysis of the defined measurements. In addition, there are stated goals and/or objectives that are considered mission critical in nature and noted for further consideration and development. The measurements are designed to indicate change and/or growth in customer use, quality and quantity of the service product and infrastructure improvements/enhancements. All goals, objectives, outcomes and measurements are considered mission critical in nature and focus. These are an indication of the needed improvements and enhancements which have been determined to have a direct impact on public use of library technology and ease of access to information. The key areas for review are public access to information impact; professional development; available telecommunications, equipment and software; and, the acquisition of appropriate funding to support the plan. The technology plan will be reviewed, evaluated and updated each year by the Library Leadership Team; submitted to the City Commission for review and adoption; and, forwarded to the State Library. 13 Page 198 of 453 �W Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-122 - Approve the expenditure of $58,780.75 and authorize the City Manager to sign the support service proposal with AVI-SPL. Explanation of Request: In October 2020, AVI-SPL upgraded the City Hall Commission Chamber to support the City's GoToWebinar platform to stream "live" the Commission meetings. The current support service agreement includes all audio and video equipment in City Hall and expires on September 29, 2021. AVI-SPL is offering a substantial discount for a three (3) year support service agreement. 1 year coverage - $23,018.35 3 year coverage - $58,780.75 The discount in selecting the 3 year term results in a savings of $10,274.30 for the City. Services include: Remote Help Desk, Repair/ Replacement Facilitation, Software Updates and Upgrades, Incident Reporting Tool, and Unlimited Onsite Support. How will this affect city programs or services? To maintain the integrity of the City's audio and video system. Fiscal Impact: Not Budgeted for year 2 (1) year funding available in account 001-1510-513-49.17 and 001-1510-513.54-30. Alternatives: Renew support service agreement yearly. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 199 of 453 Ty pe Resolution Description Page 200 of 453 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE EXPENDITURE OF $58,780.75 AND 5 AUTHORIZING THE CITY MANAGER TO THE SIGN SUPPORT 6 SERVICE PROPOSAL WITH AVI-SPL; AND PROVIDING AN 7 EFFECTIVE DATE. 8 9 WHEREAS, in October 2020, AVI-SPL upgraded the City Hall Commission Chamber to 10 support the City's GoToWebinar platform to stream "live" the Commission meetings; and 11 WHEREAS, the current support service agreement will expire on 9/29/2021 which 12 includes all audio and video equipment in City Hall; and 13 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 14 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 15 approve the expenditure of $58,780.75 and authorize the City Manager to the sign support 16 service proposal with AVI-SPL. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption. 21 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 22 approves the expenditure of $58,780.75 and authorize the City Manager to the sign support 23 service proposal with AVI-SPL. A copy of the Proposal is attached hereto and incorporated 24 herein as Exhibit "A". 25 Section 3. That this Resolution shall become effective immediately. 26 S:ACA\RESO\Agreements\AV1 Agreement - Reso.doex -1- Page 201 of 453 27 PASSED AND ADOPTED this 21 st day of September, 2021. 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 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\RES0\Agreements\AV1 Agreement - Reso.doex -2- VOTE YES NO Page 202 of 453 6.E. Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-123 - Authorize the City Manager to sign all documents associated with the acceptance and subcontract agreement for the Florida Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement grant subject to the approval of the City Attorney. Explanation of Request: The Florida Department of Transportation (FDOT) through a grant with the University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management (IPTM); Project #433144-8404, Contract # G1 X15 utilizes law enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The goal of this effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement details. The Boynton Beach Police Department (BBPD) is allocated $6,831.51 toward overtime to support these efforts. Approval of this subcontract will allow BBPD to conduct education and enforcement operations in areas specified as high frequency crash fatality locations for pedestrians and bicyclist. BBPD has a long standing history of successful programs through FDOT with this award as the first for the Florida Bicycle Pedestrian Focused Initiative subcontract with I PTM. How will this affect city programs or services? With rapid growth and expansion there comes a need to further enhance our efforts to reduce traffic crashes, fatalities and injuries related to pedestrians and bicyclist through education and enforcement. Pedestrians and bicyclists are more vulnerable than all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any type of traffic crashes. Fiscal Impact: No fiscal impact. Alternatives: The police department would need to rely on the general fund operating budget to support these enhanced public safety activities. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Page 203 of 453 Grant Amount: $6,831.51 Attachments: Type D Resolution D (...oinbrad. Description FResok.jibloin appirmAing IBlicycle F:Iedesbrlainliniblative Giraint �F ID 0 T I IVE Awaird Page 204 of 453 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE CITY MANAGER TO SIGN ALL 5 DOCUMENTS ASSOCIATED WITH THE ACCEPTANCE AND 6 SUBCONTRACT AGREEMENT FOR THE FLORIDA 7 DEPARTMENT OF TRANSPORTATION (FDOT) FLORIDA 8 BICYCLE PEDESTRIAN FOCUSED INITIATIVE: 9 COMMUNICATION AND HIGH VISIBILITY ENFORCEMENT 10 GRANT SUBJECT TO THE APPROVAL OF THE CITY 11 ATTORNEY; AND PROVIDING AN EFFECTIVE DATE. 12 13 14 WHEREAS, the Florida Department of Transportation (FDOT) through a grant with the 15 University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police 16 Technology and Management (IPTM); Project #433144-8404, Contract # G1X15 utilizes law 17 enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority 18 counties in Florida; and 19 WHEREAS, the goal of this effort is to reduce traffic crashes resulting in serious and 20 fatal injuries to pedestrians and bicyclists using high visibility education and enforcement 21 details; and 22 WHEREAS, approval of this subcontract will allow BBPD to conduct education and 23 enforcement operations in areas specified as high frequency crash fatality locations for 24 pedestrians and bicyclist; and 25 WHEREAS, upon recommendation of staff, the City Commission has determined that 26 it is in the best interests of the residents of the City to Authorize the City Manager to sign all 27 documents associated with the acceptance and subcontract agreement for the Florida 28 Department of Transportation (FDOT) Florida Bicycle Pedestrian Focused Initiative: 29 Communication and High Visibility Enforcement grant subject to the approval of the City 30 Attorney. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 34 being true and correct and are hereby made a specific part of this Resolution upon adoption S:ACA\RESO\Agreements\Grants\FDOT Bicycle Pedestrian Initiative Grant - Reso.docx Page 205 of 453 35 hereof. 36 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 37 authorize the City Manager Authorize the City Manager to sign all documents associated with 38 the acceptance and subcontract agreement for the Florida Department of Transportation 39 (FDOT) Florida Bicycle Pedestrian Focused Initiative: Communication and High Visibility 40 Enforcement grant subject to the approval of the City Attorney, a copy of which is attached 41 hereto as Exhibit "A". 42 Section 3. This Resolution shall become effective immediately upon passage. 43 PASSED AND ADOPTED this day of November, 2020. 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 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\Agreements\Grants\FDOT Bicycle Pedestrian Initiative Grant - Reso.docx VOTE YES NO Page 206 of 453 FDOT''," 17 .. . ....... -.we. Florida Department qf Transportation ROlN DIESANTIS 605 Suwannee Street GOVERNOR F ally 7iasee, FL. 32399-0450 SECRETARY August 30, 2021 Ms. Sharon Murchison, Coordinator Institute of Police Technology and Management University of North Florida 12000 Alumni Drive Jacksonville, FL 32224 RE: Project Name: Florida's Bicycle Pedestrian Focused Initiative: Communication and High Visibility Enforcement Project Number: 433144-1-8404 Contract Number: GIX15 Dear Ms. Murchison: We have reviewed the attached draft subcontract agreement with the City of Boynton Beach for High Visibility Enforcement in the amount of $6,831.51 and it is hereby approved. The subcontract agreement will be effective the date the last party signs it, and only charges incurred for services provided between the date of execution and May 13, 2022 will be allowable for reimbursement. Please send us a copy of the executed subcontract after it has been signed. We will not be able to process invoices for the services until we receive a copy of the executed subcontract. If you have any questions, please feel free to contact meat (850) 414-4025. Sincerely, Trenda McPherson, FCCM Traffic Safety Marketing Coordinator /tm cc: Project File yV wv aha . �, 4 o f, I Page 207 of 453 Letter of A reement and Contract In this contract between the Cit of Bo nton Beach "Vendor" and Universit of North Florida Trainin and Services Institute. Inc. d/b/a Institute of Police TechnoloSW and Manaement :"IPTM" a direct support organization of the University of North Florida ("University"), the Vendor shall perform the services as outlined in the scope of services (Exhibits A & B). The contract period will begin upon execution and will end on May 13, 2022. Total contract amount will not exceed $6,831.51 The parties to this contract shall be bound by all applicable state and federal requirements as outlined in Florida Department of Transportation (FDOT) Project #433144-1-8404, Contract #G1X15. All services must be completed by May 13, 2022. The final invoice must be received by June 3, 2022 or payment will be forfeited. It is expressly understood that the Vendor is an independent contractor, and not an agent of the FDOT or the University of North Florida. The FDOT and the University's ("State Agencies" or individually "State Agency") respective total liability in negligence or indemnity for acts of its employees or officers shall not exceed the limits of their waiver of sovereign immunity provided under Section 768.28, Florida Statutes. The FDOT, the University, and the Vendor shall each be responsible for its own attorney fees in the event of a dispute. To the fullest extent permitted by law, the vendor shall indemnify and hold harmless IPTM and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and IPTM's sovereign immunity. Vendor is a subdivision, as defined in Section 768.28, Florida Statutes, and Vendor agrees to be fully responsible only to the extent provided by Section 768.28, Florida Statutes, for the negligent or wrongful acts or omission of any employee of the Vendor while the employee is acting within the course and scope of the employee's employment, and for any damages proximately caused by said acts or omissions or torts. Nothing herein shall be construed as consent by a State Agency or political subdivision of the State of Florida to be sued by third parties in any matter arising out of this contract. No State Agency or subdivision indemnifies any other party or person beyond the extent permitted under the law, no matter what the circumstances. Nothing herein shall be construed as a waiver by the FDOT, the University, and the Vendor of any rights or limits to liability existing under Section 768.28, Florida Statutes. In accordance with the contract, the Vendor is authorized to perform the tasks detailed in the scope of services (Exhibits A & B) and is fully responsible for satisfactory completion of all services. Services performed prior to receiving an executed contract from the University will not be eligible for reimbursement. This contract does not involve the purchase of Tangible Personal Property, as defined in Chapter 273, Florida Statutes. This is a cost reimbursable contract. To be eligible for reimbursement, all costs must be allowable pursuant to state and federal expenditure laws, rules and regulations and must be essential to the successful completion of the tasks identified in this contract for services. If a cost benefits more than one project, a determination must be made and documentation provided to support that the cost is distributed in a reasonable and consistent manner across all benefiting projects CANCELLATION: This contract may be unilaterally cancelled by FDOT or the University for refusal by the Vendor to allow public access to all documents, papers, letters, or other material made or received by the Vendor in conjunction with this contract, unless Florida law provides that the records are confidential and/or exempt from the disclosure requirements of section 24(1) of Article 1 of the state constitution and section 11 9.07(l), Florida Statutes. City of Boynton Beach Page 208 of 453 EXHIBIT "A" SCOPE OF SERVICES PEDESTRIAN AND BICYCLE SAFETY HIGH VISIBILITY EDUCATION AND ENFORCEMENT CAMPAIGN OBJECTIVE: The Florida Department of Transportation ("FDOT"), through a grant with University of North Florida ("University"), will utilize law enforcement support to reinforce safe pedestrian, bicyclist, and driver behaviors in priority counties in Florida. The goal of this effort is to reduce traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists using high visibility education and enforcement details. PURPOSE: In 2019, 3,185 people lost their lives in traffic crashes on Florida's roadways. More than 23% of them were pedestrians (734) and more than 4% were bicyclists (156). The Purpose of this funding opportunity is to develop and implement effective community level High Visibility education and enforcement details in areas with the highest representation of traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists. The project Goal is to mitigate crashes by increasing awareness of and compliance with traffic laws that protect the safety of pedestrians and bicyclists on Florida's roads. Pedestrians and bicyclists are more vulnerable that all other road users. Traffic crashes involving pedestrians and bicyclists are more likely to result in fatal or serious injuries than any other types of traffic crashes. Speed, impairment, and distractions contribute to unsafe conditions for pedestrians and bicyclists and may be included in enforcement operations where there is data to support the need for these interventions to improve the safety of pedestrians and bicyclists. Pedestrian decoys may only be included in enforcement operations to improve driver yield rates at mid - block crossing locations to improve the safety of pedestrians and bicyclists. This campaign is a component of Florida's Bicycle/Pedestrian Focused Initiative and is implemented by the Institute of Police Technology and Management (IPTM) under the direction of the Florida Department of Transportation (FDOT). This campaign supports the goals established in Florida's Pedestrian and Bicycle Strategic Safety Plan. High Visibility Enforcement activities are being implemented to mitigate crashes by educating pedestrians, bicyclists, and motorists on traffic laws pertaining to pedestrian and bicycle safety and increasing compliance with those laws. III. IPTM RESPONSIBILITIES: IPTM will provide the required training/training materials, a copy of Florida's Pedestrian and Bicycle Strategic Safety Plan, and educational materials to the Vendor for distribution during enforcement operations upon contract execution. Additional educational materials, bicycle lights, and electronic media may be requested by the Vendor but are subject to availability. IPTM reserves the right to review and audit the Vendor's compliance with the terms of this Letter of Agreement and Contract. IPTM also reserves the right to reduce the amount of funding allocated under this Letter of Agreement and Contract when it is determined that the Vendor will be unable to properly utilize the full funding amount as outlined herein. IV. VENDOR SERVICES AND RESPONSIBILITIES: Vendor will provide high visibility education and enforcement of all road users, including pedestrians, bicyclists, and motorists, to change behaviors and improve the safety of pedestrians and bicyclists. Vendor will conduct on -street education and enforcement details at pre -approved locations within pre -approved times and distribute educational materials with each contact. Education is the preferred method of behavior correction. Warnings and/or citations to pedestrians, bicyclists, and motorists will be guided by 2 City of Boynton Beach Page 209 of 453 the Vendor's policies and procedures and must comply with Florida law. These operations are designed to reach more than just the individuals who are stopped or contacted, they should also be highly visible to anyone driving, walking, or biking in the area in a way that associates the enforcement activity with the safety awareness campaign. The Vendor shall record all detail activity that documents the education and enforcement outputs for each detail conducted during the contract period using the provided online platform. To be reimbursable, activities conducted by the Vendor must meet the requirements listed in this Letter of Agreement and Contract to include the following: • Operations must begin within 30 days of the contract execution date. Exceptions require the approval of IPTM. • Only overtime hours for sworn law enforcement officers are eligible for reimbursement (non -sworn civilian personnel are not eligible). • Operations must be highly visible to anyone driving, walking, or biking in the area. It is strongly suggested that operations include a combination of high visibility elements with a coordinated media awareness campaign similar to those used in sobriety checkpoints or other enforcement mobilization. • Funds may not to be used to supplant the Vendor's enforcement and educational efforts funded by other local, state, or federal sources. Duplicated efforts are not eligible for reimbursement. • Vendor will not be reimbursed for education and enforcement details that take place at locations outside of those pre -approved by the FDOT and outlined in Exhibit C of this agreement. • Vendor will not be reimbursed for education and enforcement details that take place outside of the day(s) and times of day pre -approved by the FDOT and outlined in Exhibit C of this agreement (each detail location may have different pre -approved days and times of day). Minimum Level of Service Vendor shall conduct highly visible education and enforcement operations at each of the identified locations outlined in Exhibit C of this agreement, prioritizing efforts towards higher ranked locations. If the Vendor has Tier 1 and Tier 2 locations listed in Exhibit C of this agreement, HVE efforts will only be worked at Tier 1 locations from the date of this agreement through February 28, 2022. Beginning March 1, 2022, both Tier 1 and Tier 2 locations may be worked for the remainder of the contract period. If the Vendor has only Tier 2 locations listed in Exhibit C of this agreement, HVE efforts will be worked from the date of this agreement through May 13, 2022. A minimum of two (2) media engagements shall be conducted in conjunction with these high visibility enforcement operations during the contract period. Vendor performance will be evaluated based on their prioritization of enforcement details to areas with the highest representation of traffic crashes resulting in serious and fatal injuries to pedestrians and bicyclists and on the visibility of the mobilization as a component of the Alert Today Florida Agency of the Year Award, included in Florida's Law Enforcement Challenge. • Vendor will not be reimbursed for administrative time, travel time, meal breaks or other hours that are not for participation in the education and enforcement overtime details aimed at reducing traffic crashes resulting in serious or fatal injuries to pedestrians or bicyclists, or attendance at required training outside of the training requirement listed within this contractual service agreement. • Each officer is limited to a maximum of six (6) hours of reimbursable overtime in any single day (defined as 12:00 a.m. to 11:59 p.m.). There is no pay period limit. City of Boynton Beach Page 210 of 453 Officer training is mandatory. For their overtime hours to be reimbursable, officers working the education and enforcement details must first co!Dplete, the required four-hour training course titled "Pedestrian and Bicycle Law Enforcement: Laws, Procedures and Best Practices." To remain eligible, officer "refresher training" is required for any officer who completed the four-hour training course titled "Pedestrian and Bicycle Law Enforcement: Laws, Procedures and Best Practices" rior to June 30 2020. The refresher training class titled "Pedestrian & Bicycle Safety: A Law Enforcement Review" is not a substitute for the 4 -hour classroom course for initial eligibility into this program. Vendor may be reimbursed for a limited number of sworn law enforcement officers to attend the required four-hour training course titled "Pedestrian and Bicycle Law Enforcement: Laws, Procedures and Best Practices" or the two (2) hour online refresher training course titled "Pedestrian & Bicycle Safety: A Law Enforcement Review". For their overtime hours to be reimbursable, attendance at the training must be within the contract period and must be on overtime status. Although every sworn law enforcement officer may attend the training, overtime reimbursement is limited to those officers who will actually take part in education and enforcement details. Public awareness is a key element of the high visibility enforcement model. The Vendor is required to distribute a minimum of two (2) media releases during the contract period. The first required media release announcing that operations are beginning must be distributed a minimum of seven (7) days in advance of the first education/enforcement detail. The second required media release must include a reminder that details are ongoing. This second media release must be distributed approximately halfway through the contract period. Additional media engagement is strongly encouraged throughout the contract period. Media releases may include social or digital media but must also be distributed through local media outlets. Proof of media engagement must be provided within 30 days of the press release or news report. • The Vendor shall distribute the provided safety educational materials during all education and enforcement details. Materials will be provided to Vendor free of charge for this purpose. • Vendor may elect to participate in bicycle light distribution to improve nighttime visibility and compliance with F.S. 316.2065(7). A Bicycle Light Distribution Assurance Form provided by IPTM is required for each bicycle light set that is distributed. The required documentation must be signed by the officer and submitted to IPTM or through the provided online platform along with the detail report for the period in which the lights were distributed. • Invoice submissions must document that each officer was on overtime status while working the education and enforcement details in order to be eligible for reimbursement. HIGH VISIBILITY ENFORCEMENT (HVE) All law enforcement agencies shall conduct High Visibility Enforcement while conducting enforcement under this contractual service agreement. High Visibility Enforcement is defined as: Intense: Enforcement activities are over and above what normally takes place. Frequent: Enforcement occurs often enough to create general deterrence. Visible: A majority of the public sees or hears about the enforcement. Strategic: Enforcement targets high-risk locations during high-risk times. City of Boynton Beach Page 211 of 453 APPROVED PERSONNEL LIST Prior to commencing the services outlined under this contract, Vendor must submit a list of personnel authorized to participate in overtime details under this agreement through the provided online platform. The name and fully loaded hourly overtime rates to be used for each officer must be submitted. The overtime rates may include the costs of hourly overtime plus associated fringe benefits paid upon the overtime. Only hours from officers listed and within +/- $5.00 of the rates shown on the authorized personnel list are eligible for reimbursement under this agreement. The authorized personnel list shall be updated as needed to add officers and update overtime pay rates. METHOD OF COMPENSATION/PAYMENT SCHEDULE Invoices must be submitted at least monthly (every 30 days), beginning within 60 days of the contract execution date. Invoices must contain the following: Invoice to include summary of hours charged and total due. Payroll documentation: Vendor must submit payroll documentation to accompany each invoice. This payroll documentation should clearl indicate that the detail hours worked under this contract were on overtime status alon with the overtime rates that were aid. As this is a cost -reimbursable contract, IPTM can only reimburse the Vendor for an amount up to the total costs incurred for the overtime worked; therefore, Vendor must include either a pay stub or payroll ledger documenting payment to each officer for which reimbursement is requested. It is the responsibility of the Vendor to redact any personally identifiable information such as Social Security numbers prior to submission. Detail Activity: Vendor shall record detail activity that documents the education and enforcement outputs for each detail conducted through the provided online platform. The activity will document that each detail conducted meets the minimum level of service as outlined in this agreement and show the officers assigned, date, days and/or times, location, contacts made, number of materials distributed, and the numbers of educational contacts, warnings and citations issued to motorists, pedestrians, and bicyclists for each statute. Detail Activity submissions shall be consistent with the corresponding invoices and payroll documentation. All invoices must be submitted through the provided online platform. In case the provided online platform is unavailable, invoice documentation can be sent electronically to�N D uO !a2Iq Y.(r� !¢ ,��yr��:�i., All requests for reimbursement shall be signed by an Authorized Representative of the Vendor, or their delegate. The University has 40 -days to review and process invoices for services. This process begins on the date the Vendor invoice is received, inspected, and approved. Invoices may be returned if not completed properly. If a payment is not available within 40 days from the University approval, a separate interest penalty at a rate as established pursuant to Section 55.03(1), F.S., will be due and payable, in addition to the invoice amount, to the Vendor. Interest penalties of less than one (1) dollar will not be enforced unless the Vendor requests payment. Invoices that have to be returned to a Vendor because of Vendor preparation errors will result in a delay in the payment and is not subject to the interest penalty. The Vendor payment requirements do not start until a properly completed financial reimbursement request is provided to the University. FINANCIAL CONSEQUENCES Payment shall be made only after receipt and approval of services provided. If the University determines that the performance of the Vendor does not comply with the contract requirements, the University shall notify the Vendor of the deficiency to be corrected, and the correction shall be made within a timeframe to be specified by the University. If the deficiency is subsequently resolved, the University agrees to pay the invoice(s) for the unpaid amount(s) during the next billing period. If the Vendor is unable to resolve the deficiency, the funds shall be forfeited at the end of this contractual service agreement. City of Boynton Beach Page 212 of 453 PRE -APPROVED HVE LOCATIONS Education and enforcement overtime details are only authorized at locations (specific intersections, corridors, and/or regions) that have been pre -approved by the FDOT. Vendor may not be reimbursed for efforts conducted at locations that have not been pre -approved, that take place prior to the date of the approval of this agreement, or that do not comply with the minimum level of service as outlined in this agreement. Each pre -approved location will have clearly defined boundaries; day(s) and times of day in which the overtime details can be worked and will be outlined in Exhibit C. REQUESTS FOR ADDITIONAL FUNDING The Vendor may request an increase to the total funding amount of this contract during the contract period. If the funding is available, the increased funding request may be considered if the Vendor has: • satisfied all of the provision listed within this contract • submitted timely invoices and record of detail activity submissions • conducted HVE overtime detail efforts in a manner that supports the stated goal • expended 70% or more of the current contract funding amount • pedestrian and bicyclist crash circumstances within the Vendor's jurisdiction support the increased funding amount Increased funding will be based upon availability and must be approved by the FDOT. Increased funding will be accomplished through an amendment to this contract which must be signed by the FDOT, Vendor, and IPTM. Requests for increased funding must be submitted to IPTM and received on or before February 28, 2022. NON-DISCRIMINATION AND ETHICAL STANDARDS No person shall, on the ground of race, color, religion, sex, handicap, or national origin, be subjected to discrimination under any program or activity supported by this contract. The agency agrees to comply with the Florida Civil Rights Act u(F Sx760) t tote&„!UR „Q?00- 0_ �)9X760/0760,htin� All officers participating in High Visibility Enforcement activities are required to comply with the Law Enforcement Officer Ethical Standards of Conduct as established by the Florida Department of Law Enforcement ludk///Ee /4Iru /p..:i ui,t,/, J`j/ e �/+, i,fllu o i »clQ,�sr /el~1!, DhJr4i- Standards of CondiacL.,a CORE ACTIVITY PERFORMANCE MEASURES / MINIMUM LEVEL OF SERVICE TO BE PERFORMED AND CRITERIA FOR EVALUATING SUCCESSFUL COMPLETION. Each law enforcement agency is encouraged to complete all of the tasks as outlined within this contract. All agencies are required to complete a minimum of (80%) eighty percent of contracted efforts within the contract period to be eligible for "agency of the year award” consideration. Each successive fiscal year, agencies will be prioritized for funding based on percentage of performance expectations that were met. CONSEQUENCES FOR NON-PERFORMANCE If the Vendor is unable to properly utilize the full funding amount as outlined herein, the amount of funding for subsequent periods may be reduced. In the event that the required services are in dispute, the invoice may be pro -rated, reduced, or payment withheld until adequate documentation is provided to support the completion of such services and the dispute is resolved. If requirements are not met, the invoice will be 6 City of Boynton Beach Page 213 of 453 pro -rated and payment will only bemade for services that were completed anoutlined inthis agreement. Failure to submit invoices, detail activity reports, or other deliverables as outlined in this contract may result in termination of the agreement. 7 Page 214 of 453 EXHIBIT "B" EFFORT SUMMARY FLORIDA'S PEDESTRIAN AND BICYCLE FOCUSED INTITIATIVE HIGH VISIBILITY ENFORCEMENT CAMPAIGN QUANTIFIABLE, MEASURABLE, AND VERIFIABLE DELIVERABLES • A minimum of two (2) media engagements shall be conducted in conjunction with these high visibility enforcement operations during the contract period. • Detail Activity Reports shall be submitted for each education and enforcement detail worked. • Bicycle Light Distribution Assurance Forms shall be submitted for each bicycle light kit distributed. • Invoices shall be submitted for each month or payroll period in which overtime details were performed beginning the month following contract execution. PERFORMANCE MEASURES Proof of performance documentation shall be submitted. This includes, but is not limited to, the following: • Detail Activity Submissions • Proof of media engagements • Proof of overtime hours worked BUDGET/COST ANALYSIS • The name and fully loaded hourly overtime rates to be used for each officer must be submitted. • The overtime rates may include the costs of hourly overtime plus associated fringe benefits paid upon the overtime. • Only hours from officers listed and within +/- $5.00 of the rates shown on the authorized personnel list are eligible for reimbursement under this agreement • Only overtime hours for sworn law enforcement officers are eligible for reimbursement (non -sworn civilian personnel are not eligible). • Each officer is limited to a maximum of six (6) hours of reimbursable overtime in any single day (defined as 12:00 a.m. to 11:59 p.m.). • Payroll documentation should clearly indicate that the detail hours worked under this contract were on overtime status along with the overtime rates that were paid. • Tier Two (2) locations are eligible for reimbursement from contract execution through May 13, 2022. • Payment shall be made only after receipt and approval of services provided. Total contract amount not to exceed: $6,831.51 City of Boynton Beach Page 215 of 453 EXHIBIT "C" Locations for Boynton Beach Police Department Florida's Pedestrian and Bicycle Focused Initiative High Visibility Enforcement Campaign Time Range Rank Roadway Name From To Tier Day of the From F To Week 30 lea est Boulevard E Woolbright Road Boynton Beach Boulevard 2 1500 2200 M, F, 5 31 ...w.__ Federal Highway �.SW 23rd Avenue Marti Luther K ng,.f........ 2.... 0900 2400 F, S Data Source: FDOT Crash Analysis Reporting (CAR) System, 2016-2020 (downloaded April 2021). Table lists roadway segments with high representation of traffic crashes resu _ ffiIting in serious injuries and fatalities to pedestrians and bicyclists. 9 City of Boynton Beach P, pro �,J6� CT, Y V" Page 216 of 453 EXHIBIT "C" 2021-2022 HIGH VISIBILITY ENFORCEMENT PROGRAM PALM BEACH COUNTY TIER 1 & TIER 2 PEDESTRIAN/BICYCLE HIGH CRASH SEGMENTS cline 7un Iib WI Rd 077 4,11 - Mk South Palm Beach county 01 L % If om es H,gti.nd B—In f' Pitl,'B.ach Gardens North Palm P Beach RI U-1 Boca R'at on Rivisra r 0, w o;'t. Rd� Flores4a to ca Raton Yang OC a deigM 11 E). Point JL— 'a hl MM vk. . _--..ape � _ P ot Pit ,, ,, 5 1 ac Royal Palm Beach all r,. P.I. B ... h Loxahatchene 7� Wellington • 41, Pain, s ake Worth -a Worth r In ach .......... . LEGEND • Ped -Bike Serious I nj ury/Fata I Crashes Tier 1 Roadway Segment- n1a na wi Tier 2 Roadway Segment J1 0 Page 217 of 453 Letter of A reementand Contract Execution of Agreement. This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. University of North Florida Training and Services Institute, Inc. d/b/a Institute of Police Technology and Management Vince Smyth, Associate Vice President Date Cameron Pucci, Director Date VENDOR ACKNOWLEDGEMENT: By signing below, I certify that I have read the entire document, agree to abide by the pricing and all terms and conditions of this Letter of Agreement and Contract, and that I am authorized to sign for the Vendor. Vendor Name: Citi; wof Benton Beach Address: 210U Hi hmRid a Rd Boynton Beach F„L_13,426 Vendor's Authorized Agent Signature Date Printed Name Title FI)'0TVAll:8?P4VAtj'1reUng CoCrdh Wcr 11 City of Boynton Beach Page 218 of 453 Florida Department of Transportation (FDOT) Project #433144-1-8404, Contract # G1X15 State and Federal Requirements: EEDERAL RESOURCES,AVIIARDED PURSUANT TO THIS CQNTRACT ARE SUBJE T THE F LLOWING AUDIT RE UIREMENT 2 CFR Part 200 –Uniform Administrative Requirements, Cost Principles &Audit Requirements for FederalAwards rve� i� ®�,I,q�.��,� Federal resources awarded, pursuant to„this subgrant,may also be sub ect to the fgllowin: Federal Funding Accountability and Transparency Act (FFATA) Sub -award Reporting System (FSRS) FEDERAL RESOURCES AWARDED PURSUANT TO, THIS CONTRACT MAY ALSO BE SUBJECT TO THE FOLLOWING; Title 23– Highways, United States Code Title 49 –Transportation, United States Code [il v- – - —_- ------- i.i,(. MAP -21 – Moving Ahead for Progress in the 2V Century, P.L. 112-141 y��✓a�!�,'rs# v�l� �wi � f Federal Highway Administration – Florida Divisionyrry y�f ihwJ� t1E,�, sov/t_1(fly_ FEDERAL RESOURCEW„„THISCONTRACT EARSUBJETTOTHE„fQLLOWING REQUIREMENTS:, Buy America Act. The Subrecipient agrees to comply and require consultants and contractors to comply with all applicable standards, orders, and regulations issued pursuant to the Buy America Act, Buy America Act Waiver (Docket No. NHTSA-2015-0065) and NHTSA Guidance Buy American Act Procedure for Highway Safety Grant Programs (revised 11-20-2015) herein incorporated by reference. The Subrecipient shall include the following Buy America provisions in all subcontract awards: The Buy America Act prohibits the use of Federal highway safety grant funds to purchase any manufactured product or software/information technology systems whose unit purchase price is $5,000 or more, including motor vehicles, that is not produced in the United States. NHTSA may waive those requirements if (1) their application would be inconsistent with the public interest; (2) such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or (3) the inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. Each manufactured end product must comply with the provisions of the Buy America Act. Additionally, any manufactured add-on to an end product is, itself, an end product that must comply with the Act. To be reimbursed with Federal highway safety grant funds for a purchase, a State must comply with the requirements of the Buy America Act. Non- compliance will result in denial of reimbursement. Restrictions on Lobbying. The Subrecipient agrees to comply and require consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, herein incorporated by reference, for filing of certification and disclosure forms. (a) Certification Regarding Federal Lobbying. The Subrecipient certifies, to the best of his or her knowledge and belief, that i. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. ii. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying,” in accordance with its instructions. iii. The Subrecipient shall require that the language of this certification be included in the award documents for all sub -award at all tiers (including subcontracts, subgrants, and contracts under grant, loans, and cooperative agreements) and that all Subrecipients shall certify and disclose accordingly. iv. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (b) Restriction on State Lobbying. None of the funds under this program will be used for any activity specifically designed to urge or influence a State or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any State or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a State official whose salary is supported with NHTSA funds from engaging in direct communications with State or local legislative officials, in accordance with customary State practice, even if such communications urge legislative officials to favor or oppose the adoption of a specific pending legislative proposal. 12 City of Boynton Beach Page 219 of 453 (c) Restriction of Use for Federal Civilian and Military Employees. Subgrant funding is not allowable for the cost of training federal civilian and military employees. Indian Nations may be supported with written approval from the FDOT Traffic Safety Administrator and NHTSA. Cooperation with Inspector General. It is the duty of every Subrecipient to cooperate with the inspector general in any investigation, audit, inspection, review, or hearing pursuant to this subgrant agreement. Section 20.055(5), F.S. The Subrecipient agrees to comply with Section 20.055(5), F.S., and to incorporate in all subcontracts the obligation to comply with Section 20.055(5), F.S. Disadvantaged Business Enterprises (DBE). (a) The Subrecipient agrees to the following assurance: The Subrecipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any USDOT-assisted contract or in the administration of its DBE program required by 49 CFR, Part 26, herein incorporated by reference. The Subrecipient shall take all necessary and reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of USDOT-assisted contracts. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this subgrant agreement. Upon notification to the Subrecipient of its failure to carry out its approved program, the USDOT may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.), herein incorporated by reference. (b) The Subrecipient agrees to include the following assurance in each contract with a consultant or contractor and to require the consultant or contractor to include this assurance in all subcontract agreements: The consultant or contractor and subconsu@ant or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy, as the Subrecipient or the Department deems appropriate. E -Verify. Subrecipients: (a) Shall utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the Vendor/Contractor during the term of the contract; and (b) Shall expressly require any subcontractors performing work or providing services pursuant to the state contract to likewise utilize the U.S. Department of Homeland Security's E -Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the contract term. Nondiscrimination. Subrecipients will comply with all Federal statutes and implementing regulations relating to nondiscrimination ("Federal Nondiscrimination Authorities"). These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin) and 49 CFR part 21 (b) The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects) (c) Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), and Title IX of the Education Amendments of 1972, as amended (20 U.S.C. 1681- 1683 and 1685-1686) (prohibit discrimination on the basis of sex) (d) Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability) and 49 CFR part 27 (e) The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age) (f) The Civil Rights Restoration Act of 1987, (Pub. L. 100-209), (broadens scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal aid recipients, Subrecipient's and contractors, whether such programs or activities are Federally -funded or not) (g) Titles II and III of the Americans with Disabilities Act (42 U.S.C. 12131-12189) (prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing) and 49 CFR parts 37 and 38 (h) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations (prevents discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations) (i) Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency (guards against Title VI national origin discrimination/discrimination because of limited English proficiency (LEP) by ensuring that funding recipients take reasonable steps to ensure that LEP persons have meaningful access to programs (70 FR 74087-74100) 0) Nondiscrimination Clause. 13 City of Boynton Beach Page 220 of 453 During the performance of this subgrant, the Subrecipient agrees: (a) To comply with all Federal nondiscrimination laws and regulations, as may be amended from time to time (b) Not to participate directly or indirectly in the discrimination prohibited by any Federal non-discrimination law or regulation, as set forth in appendix B of 49 CFR part 21 and herein (c) To permit access to its books, records, accounts, other sources of information, and its facilities as required by the FDOT State Safety Office, USDOT or NHTSA (d) That, in event a Subrecipient fails to comply with any nondiscrimination provisions in this subgrant, the FDOT State Safety Office will have the right to impose such subgrant sanctions as it or NHTSA determine are appropriate, including but not limited to withholding payments to the Subrecipient under the contract/agreement until the Subrecipient complies; and/or cancelling, terminating, or suspending a contract or funding agreement, in whole or in part. (e) To insert this clause, including paragraphs (a) through (e), in every subcontract and sub -agreement and in every solicitation for a subcontract or sub -agreement, which receives Federal funds under this program Clean Air Act and Federal Water Pollution Control Act. Subgrant agreements for amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). The Subrecipient shall include this provision in all subcontract awards in excess of $150,000. Integrity Certification. By signing this Subgrant Agreement, the Subrecipient certifies that neither it nor its contractors are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in this Agreement by any federal department or agency. This certification is a material representation of fact upon which the Department is relying in entering this Agreement. If it is later determined that the Subrecipient knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. The Subrecipient shall provide to the Department immediate written notice if at any time the Subrecipient learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. Contract Work Hours and Safety Standards Act. Where applicable, all subcontracts under this subgrant agreement in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence Indemnification and Insurance. (a) Indemnification. To the extent permitted by law and as limited by and pursuant to the provisions of Section 768.28, Florida Statutes, the Subrecipient shall indemnify and hold harmless the Department, including the Department's officers and employees, from liabilities, damages, losses, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, or intentional wrongful misconduct of the Subrecipient and persons employed or utilized by the Subrecipient in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity. (b) Subrecipient Contracts. Subrecipient agrees to include the following indemnification clause in all contracts with contractors, subcontractors, consultants, or subconsultants who perform work in connection with this Agreement (modified to appropriately identify the parties): "To the fullest extent permitted by law, the Subrecipient's contractor/consultant shall indemnify and hold harmless the Subrecipient and the State of Florida, Department of Transportation, including the Department's officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the contractor/consultant and persons employed or utilized by the contractor/consultant in the performance of this Agreement. This indemnification shall survive the termination of this Agreement. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the Subrecipient's sovereign immunity." (c) Workers' Compensation. The Subrecipient shall provide Workers' Compensation Insurance in accordance with Florida's Workers' Compensation law for all employees. If contracting for any of the work, the Subrecipient shall ensure that its contractors have Workers' Compensation Insurance for their employees in accordance with Florida's Workers' Compensation law. If using "leased employees" or employees obtained through professional employer organizations ("PEO's"), the Subrecipient shall ensure that such employees are covered by Workers' Compensation insurance through the PEO's or other leasing entities. Ensure that any equipment rental agreements that include operators or other personnel who are employees of independent contractors, sole proprietorships or partners are covered by insurance required under Florida's Workers' Compensation law. 14 City of Boynton Beach Page 221 of 453 Federal Encouragements. (a) Vehicle Pursuits. Pursuant to 23 U.S.C. 4020), all law enforcement agencies are encouraged to follow the guidelines stablished for vehicular pursuits issued by the International Association of Chiefs of Police that are currently in effect. (b) Policy on Seat Belt Use. In accordance with Executive Order 13043, Increasing Seat Belt Use in the United States, subrecipients are encouraged to adopt and enforce on-the-job seat belt use policies and programs for its employees when operating company-owned, rented, or personally -owned vehicles. (c) Policy on Banning Text Messaging While Driving. In accordance with Executive Order 13513, Federal Leadership On Reducing Text Messaging While Driving, and DOT Order 3902. 10, Text Messaging While Driving, subrecipients are encouraged to: i. Adopt and enforce workplace safety policies to decrease crashes caused by distracted driving, including policies to ban text messaging while driving company-owned or rented vehicles, Government-owned, leased or rented vehicles, or privately -owned vehicles when on official business or when performing any work on behalf of the subrecipient agency and/or the Government. ii. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving, and education, awareness, and other outreach to employees about the safety risks associated with texting and driving. Insert the substance of this section, including this sentence, in all sub-agreement/subcontracts funded with the subaward provided under this Agreement that are $15,000 or more. Human Trafficking. The Subrecipient shall include a provision in each contract it enters into with a private entity in connection with the Project by which the Subrecipient's contractor agrees that it and its employees that perform any work on the Project shall not, during the term of this Agreement, engage in trafficking in persons, procure a commercial sex act, or use forced labor in the performance of work on the Project. Compliance with State Public Records Laws. The Subrecipient agrees to comply with all provisions provided in Chapter 119 F.S. If the Subrecipient receives a public records request concerning its work undertaken pursuant to this Department subgrant agreement, the Subrecipient must take appropriate action as required by Chapter 119, F.S. If the Subrecipient is unable to ascertain how best to comply with its obligations, it should seek the advice of counsel and/or FDOT State Safety Office. The Department shall unilaterally cancel this subgrant agreement if the Subrecipient refuses to allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, F.S., and made or received by the Subrecipient in conjunction with this subgrant agreement. Performance. In the event of default, noncompliance, or violation of any provision of this subgrant agreement by the Subrecipient, the Subrecipient's consultant(s) or contractor(s) and supplier(s), the Subrecipient agrees that the Department will impose sanctions. Such sanctions include withholding of reimbursements, retainage, cancellation, termination, or suspension of this subgrant agreement in whole or in part. In such an event, the Department shall notify the Subrecipient of such decision 30 days in advance of the effective date of such sanction. The sanctions imposed by the Department will be based upon the severity of the violation, the ability to remedy, and the effect on the project. The Subrecipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. Additional Requirements for Law Enforcement Agencies. Overtime Hours. Subgrant funds cannot be used to supplant standard activity hours; therefore, only hours qualifying as "overtime", per the Subrecipient policies will be eligible for reimbursement by this subgrant agreement. In the event a Subrecipient is awarded more than one subgrant agreement within a federal fiscal year, overtime hours for each traffic safety effort must be tracked, reported, and billed based on hours worked for each subgrant agreement type. Overtime Rate. Overtime hours are intended for enhanced/increased traffic safety activities. The overtime pay rate for personnel is based on actual cost per employee in accordance with the Subrecipient's payroll policy. Each Subrecipient shall comply with Fair Labor Standards Act (FLSA) requirements and thresholds for overtime accrual and payment and its own policies and procedures, insofar as those policies apply uniformly to both federally -financed and other activities of the Subrecipient, as required by 2 CFR 200.403(c). Additional hours may be called overtime, off duty, extra, additional, etc., as long as it enhances/increases traffic safety activities. A copy of the policy shall be maintained by the Subrecipient and made available for review if requested. Bonuses. Bonuses issued to Subrecipient employees will not be eligible for subgrant reimbursement, as bonuses are not considered salary and are an addition to the salary amounts approved for Subgrant execution. Increases in Subgrant employee salary must be approved by the FDOT State Safety Office. Annual fluctuations in benefits approved in the Subgrant are allowable and eligible for reimbursement. Financial/Fiscal Requirements Failure to submit detail reports, progress reports and invoices as outlined in the Letter of Agreement and Contract may result in termination of the agreement; may render the vendor ineligible for reimbursement of expenses; and may render the vendor ineligible for future consideration for funding under this program. If the contract is terminated, the funds may be reallocated to other contracts. 15 City of Boynton Beach Page 222 of 453 Invoices must be submitted as outlined in the Letter of Agreement and Contract, must meet the timeline established in the attached contract for services, and must include all required documentation as outlined in the contract for services. Frequency and Deadlines for Submission. Invoices: Subcontractors should submit all costs for reimbursement monthly unless no costs were incurred within a month. Reimbursement for personnel costs may be submitted after each pay period, if desired. Failure to submit reimbursement requests in a timely manner may result in this subcontract agreement being terminated. Supporting Documentation. Invoices for subcontracts must be supported by an itemized listing of expenditures by category (salary/benefits.). Supporting documentation shall be submitted for each amount for which reimbursement is being claimed indicating that the item has been paid. Check numbers may be provided in lieu of copies of actual checks. Each piece of documentation should clearly reflect the dates of service. Only expenditures for categories in the approved letter of agreement and contract may be reimbursed. These expenditures must be allowable (pursuant to law) and directly related to the services being provided. Final Invoice. A final financial request for reimbursement shall be submitted and/or postmarked no later than June 3, 2022 following the end of this subcontract agreement period. Such request should be distinctly identified as Final. The Subcontractor agrees to forfeit reimbursement of any amount incurred or expended if the final request is not submitted and/or postmarked by June 3, 2022 following the end of this subcontract agreement period. All invoices shall be signed by an Authorized Representative of the vendor or their delegate. Payment will be made only after receipt and approval of goods and services as outlined in the attached contract and exhibits. If the University determines that the performance of the vendor is unsatisfactory, the University shall notify the vendor of the deficiency to be corrected, which correction shall be made within a time -frame to be specified by the University. The vendor shall, within five days after notice from the University, provide the University with a corrective action plan describing how the vendor will address all issues of contract non-performance, unacceptable performance, failure to meet the minimum performance levels, deliverable deficiencies, or contract non-compliance. If the corrective action plan is unacceptable to the University, the vendor shall be assessed a non-performance retainage equivalent to 10% of the total invoice amount. The retainage shall be applied to the invoice for the then -current billing period. The retainage shall be withheld until the vendor resolves the deficiency. If the deficiency is subsequently resolved, the vendor may bill the University for the retained amount during the next billing period. If the vendor is unable to resolve the deficiency, the funds retained will be forfeited at the end of the contract's term. A Vendor Ombudsman has been established within the Department of Financial Services. The duties of this individual include acting as an advocate for vendors who may be experiencing problems in obtaining timely payment(s) from a state agency or University. The Vendor Ombudsman may be contacted at (850) 413-5516. The vendor shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of contracted funds and required expenditures. All monies spent on this contract shall be disbursed in accordance with provisions of the contract scope of work as approved by the University and FDOT State Safety Office Program Manager and must meet all state and federal regulations attached or referenced in this contract. 16 City of Boynton Beach Page 223 of 453 6. F. Consent Agenda 9/21/2021 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 September 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). VENDOR(S) DESCRIPTION OF SOLICITATION SOLICITATION RENEWAL AMOUNT NUMBER TERM Boynton Beach Agreement for the maintenance (to include mowing, Two -Party October 1, Annual Athletic fertilizing, watering and general repair of the fields) Agreement - 2021 to Estimate Association, of four ballfields within the fenced area known as Resolution R18- September 1 nc. Little League Park. 047 30, 2022 $42,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 224 of 453 Grant Amount: Attachments: Ty pe D Attachirneirat D Agreement Description Rid Extensions aind IRiggy Backs under $100,000 Wirlttr..,in Airneindiry-wiird. ... FReinewal rwo Flarty Agireeirneint Boyintoin IBeaach MI-)Ietic Assodic.iboin, 1 2021 2022 Page 225 of 453 RE CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS September 17, 2021 REQUESTING DEPARTMENT: Recreation DEPARTMENT CONTACT: Kacy Young TERM: October 1, 2021 to September 30, 2022 SOURCE FOR PURCHASE: Two -Party Agreement with Boynton Beach Athletic Association, Inc. ACCOUNT NUMBER: 001-2730-572-49-17 VENDOR(S): BOYNTON BEACH ATHLETIC ASSOCIATION, INC. ANNUAL ESTIMATE: $42,000 DESCRIPTION: On April 9, 2018, The City of Boynton Beach and Boynton Beach Athletic Association entered into an agreement for the maintenance (to include the mowing, weeding, fertilizing, watering and general repair of the fields) of four ballfields within the fenced area known as Little League Park, Resolution R18-047. The agreement allows yearly renewals through the execution of a written amendment. The Boynton Beach Athletic Association has agreed to renew the Agreement for another one-year term. The City of Bot w. oB ej ie 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 August 26, 2021 Boynton Beach Athletic Association, Inc, Attn: Ron Passino, BBAA President P.O. Box 284 Boynton Beach, FL 33425-0310 RE.: WRITTEN AMENDMENT TO AGREEMENT CURRENT AGREEMENT TERM: OCTOBER 1, 2020 — SEPTEMBER 30, 2021 Dear Mr. Passino: The agreement between the City of Boynton Beach and the Boynton Beach Athletic Association (BBAA) (Res. No R18-047) for the use of Little League Park expires on September 30, 2021. In accordance with the Agreement, the City of Boynton Beach and the Boynton Beach Athletic Association (BBAA) may renew the Agreement on a yearly basis through the execution of a written amendment. The City of Boynton Beach would like to amend the agreement to extend the agreement for a one-year term commencing on October 1, 2021 thru September 30, 2022 for the use of Little League Park. Please indicate your response on the following page and return it to Procurement Services via email to pratttbbfl4us 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, Mara Frederiksen Director of Financial Services tp Page 227 of 453 America's Gateway to the Gulf Stream The City of Boynton Beach_ August 26, 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 RE: WRITTEN AMENDMENT TO AGREEMENT Agreement between the City of Boynton Beach and Boynton Beach Athletic Association (BBAA). NEW AGREEMENT TERM: OCTOBER 1, 2021— SEPTEMBER 30, 2022 Yes, I agree to amend the existing agreement for a one-year term under the same level of services. No, I do not wish to renew the Agreement for the following reason(s) BOYNTON BEACH ATHLETIC ASSOCIATION, INC. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) DATE E -MALL Lori LaVerriere City Manager SIGNATURE TITLE (AREA CODE) TELEPHONE NUMBER Date Page 228 of 453 America's Gateway to the Gulf Stream 6. G. Consent Agenda 9/21/2021 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of August 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 August 2021: Purchase Order # Vendor Amount 211422 ADVANCED PETROLEUM SYSTEMS, INC. $15,944.50 211423 HOMRICH CORPORATION $74,400.00 211424 MARTIN FENCE CO $11,769.00 211425 MELROSE SUPPLY & SALES INC. $15,237.48 211433 MORRIS & MCDANIEL INC $12,250.00 211434 CONNECTION $20,625.43 211445 MARTIN FENCE CO $20,819.00 211462 STEP CG, LLC $11,267.80 211491 RESTROOM DIRECT $10,650.00 211515 METRO-DADE K-9 SERVICES $12,000.00 211516 BROADCAST SYSTEMS $12,307.46 211518 BROADCAST SYSTEMS $17,924.12 211519 STEP CG, LLC $29,318.47 211523 RPM GENERAL CONTRACTORS, INC. $57,600.00 211524 JACOBS ENGINEERING GROUP, INC. $34,945.00 211527 FERGUSON UNDERGROUND INC. $11,017.80 211528 DUVAL FORD $32,536.00 211529 JUNIPER LANDSCAPING OF FLORIDA $13,882.50 211538 ATLANTIC SOUTHERN PAVING $17,739.75 211548 ALL COUNTIES PAI NTI NG LLC $22,000.00 211550 KI MLEY HORN & ASSOCIATES INC. $15,000.00 211551 MOTOROLA SOLUTIONS INC. $30,537.00 211571 ALL COUNTIES PAI NTI NG LLC $28,720.00 211574 BROADCAST SYSTEMS $13,783.14 211585 A-1 AIR SOLUTIONS, LLC $35,650.00 Page 229 of 453 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 Aftau: hment Description AUgust 2021 ... li::1Ljir(.-, uases oveir $10,000 Page 230 of 453 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR AUGUST 2021 1. Vendor: ADVANCED PETROLEUM SYSTEMS, INC Purchase Amount: $15,944.50 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 8/2/2021 Brief Description of Purchase: Purchase of FuelMaster, fuel management unit and installed at Boynton Beach Fire Station #2. Source for Purchase: Piggyback: City of Coral Gables Fund Source: 303-4126-522.62-01 Contract# 2020-016 FA2102 2. Vendor: HOMRICH CORPORATION Purchase Amount: $74,400.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 8/2/2021 Brief Description of Purchase: Purchase and installation of Little League batting cages fields 2 and 4 Source for Purchase: Contract # 028-2511-20 Fund Source: 303-4220-572.63-05 RP2141 3. Vendor: MARTIN FENCE CO. Purchase Amount: $11,769.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 8/2/2021 Brief Description of Purchase: Boynton Beach Tennis Center (3111 S Congress) - Fence installation and repairs Source for Purchase: Contract #: 001-2511-20 Fund Source: 303-4212-572.63-05 RP2127 4. Vendor: MELROSE SUPPLY & SALES, INC Purchase Amount: $15,237.48 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 8/2/2021 Brief Description of Purchase: Warehouse stock : Franklin Pumps for Utility Well Fields Source for Purchase: 3 quotes Fund Source: 502-0000-141.01-00 5. Vendor: MORRIS & MCDANIEL, INC. Purchase Amount: $12,250.00 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/3/2021 Brief Description of Purchase: Consultant services for police officer new hire testing. This service will develop, validate, administer, and implement testing and assessment processess for entry level law enforcement applicants. Source for Purchase: Emergency/Confirming Order Fund Source: 001-2112-521.49-17 Page 231 of 453 6. Vendor: CONNECTION Purchase Amount: Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 8/3/2021 Brief Description of Purchase: Yearly Adobe license renewals for multiple departments. Includes Acrobat Pro DC, Creative Cloud, Photo Stock, and Photoshop Source for Purchase: 3 quotes Fund Source: 151-2611-579.49-17, 001-1310-512.52-01 001-1211-512.49.17, 001-5001-590.49-17,130-2411-524.46-91, 001-2419-559.54-30, 001-1410-513.54-10, 001-2210-522.46-91, 001-2211- 522.46-91, 001-1610-513.46-91, 001-1510-513.49-17, 001-1910-514,51-10, 001-2610-571.46-22, 001-2610-571.46-22, 001-2610-571.46-22 001-1212-519.49-17, 001-2511-519.51-25, 172-2712-572.49-17, 401-2821-536.46-91 7. Vendor: MARTIN FENCE CO Purchase Amount: $20,819.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 8/9/2021 Brief Description of Purchase: Rolling Green: Entrance gate replacement with fence repairs at park and ground site of old water treatment plant off 14th Court. Source for Purchase: Contract # 001-2511-20 8. Vendor: STEP CG, LLC Requesting Department: ITS Brief Description of Purchase: Hester Center- Building wireless (WIFI) Source for Purchase: Contract # 030-2112-21 9. Vendor: RESTROOM DIRECT Requesting Department: WAREHOUSE Brief Description of Purchase: Warehouse Stock: Water bottle filling stations Source for Purchase: 3 quotes Fund Source: 303-4225-572.62-01 RP2142 Purchase Amount: $11,267.80 Contact Person: MICHAEL BENNETT Date: 8/12/2021 Fund Source: 303-4199-580.64-15 Purchase Amount: $10,650.00 Contact Person: JEN PACIELLO Date: 8/16/2021 Fund Source: 401-2821-536.95-44 10. Vendor: METRO-DADE K-9 SERVICES Purchase Amount: $12,000.00 Requesting Department: POLICE Contact Person: AC DeGIULIO Date: 8/18/2021 Brief Description of Purchase: Purchase of new K9. K9 Iro was put down on 8/8/21 due to an aggressive form of bone cancer that was discovered on 8/5/21. K9 Iro was trained to detect currency and firearms; his last day of service was 8/6/21. Source for Purchase: 3 quotes Page 2 Fund Source 691-5000-590.04-32 Page 232 of 453 Page 3 Page 233 of 453 11. Vendor: BROADCAST SYSTEMS Purchase Amount: $12,307.46 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/18/2021 Brief Description of Purchase: Purchase of a environmental monitoring device to protect the radio antenna room to against humidity, water and high temperature. The device will alert technical staff when there water intrusion issues in these rooms. Source for Purchase: Contract # 029-2210-21 Fund Source: 303-4119-521.64-15 PD2109 12. Vendor: BROADCAST SYSTEMS Purchase Amount: $17,924.12 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/18/2021 Brief Description of Purchase: To provide radio frequency identification (RFID) access control readers for vehicles, video intercom integration for Police gate. Source for Purchase: Contract # 029-2210-21 Fund Source: 001-2112-521.49-17 13. Vendor: STEP CG, LLC Purchase Amount: $29,318.47 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/18/2021 Brief Description of Purchase: Expand network infrastructure. Purchase all necessary equipment such as firewalls, switches needed in order to build out the necessary network. This will provide access to the security camera network and the network resources. Source for Purchase: Contract # 030-2112-21 Fund Source: 303-4119-521-64.15 PD2109 14. Vendor: RPM GENERAL CONTRACTORS, INC. Purchase Amount: $57,600.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 8/20/2021 Brief Description of Purchase: Hester Center- Renovate lower restrooms for ADA complance. Source for Purchase: Contract # 028-2511-20 Fund Source: 303-4209-572.63-05 RP2108 303-4209-572-62.03 RP2110 15. Vendor: JACOBS ENGINEERING GROUP, INC. Purchase Amount: $34,945.00 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 8/20/2021 Brief Description of Purchase: TASK ORDER # R13-063-14: Provide professional hydrogeological and engineering services for permitting and pre -design feasibility for alternative reclaimed water supply. Source for Purchase: Contract # 023-2821-18 Fund Source: 403-5000-533.65-02 WT 1802 16. Vendor: FERGUSON UNDERGROUND, INC. Purchase Amount: $11,017.80 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 8/20/2021 Brief Description of Purchase: Warehouse special order: 15x20 and 18x20 perforated HDPE pipe for project on Ocean parkway. Installation of catch basins and perforated HDPE pipe will help drain the water from the streets and minimize the flooding in the neighborhood. Source for Purchase: 3 quotes Fund Source: 403-5000-538.65-09 STM031 Page 3 Page 233 of 453 17. Vendor: DUVAL FORD Purchase Amount: $32,536.00 Requesting Department: PUBLIC WORKS Contact Person: BILL DARTY Date: 8/20/2021 Brief Description of Purchase: Purchase of a Ford Explorer for the replacement of Police vehicle # 3908, involved in accident. Source for Purchase: Piggyback: Florida Sheriffs Association Fund Source: 522-1710-519.49-22 Contract # FSA20-VEL28.0 18. Vendor: JUNIPER LANDSCAPING OF FLORIDA Purchase Amount: $13,882.50 Requesting Department: PUBLIC WORKS Contact Person: FRANKY LAZO Date: 8/20/2021 Brief Description of Purchase: Top Dressing and laser grading for baseball fields, to remove any safety hazards pertaining to leveling. Source for Purchase: Piggyback: City of Hollywood Fund Source: 001-2730-572.46-98 Contract # R-2021-111 19. Vendor: ATLANTIC SOUTHERN PAVING Purchase Amount: $17,739.75 Requesting Department: PUBLIC WORKS Contact Person: CARL FRUMENTI Date: 8/24/2021 Brief Description of Purchase: TASK ORDER # 99: Village Royal on the Green (NE 1st CT) - Milling, paving, sidewalk repairs and pavement markings. Source for Purchase: Contract # 010-2512-18 Fund Source: 303-4905-580.63-08 CP0266 20. Vendor: ALL COUNTIES PAINTING LLC Purchase Amount: $22,000.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 8/25/2021 Brief Description of Purchase: 1-95 barrier wall facing Forest Hill Park - interior perimeter wall facing park, pressure clean and applying permacrete primer. Source for Purchase: Contract # 013-2511-19 Fund Source: 303-4222-572.63-05 RP2143 21. Vendor: KIMLEY HORN & ASSOCIATES INC. Purchase Amount: $15,000.00 Requesting Department: PUBLIC WORKS Contact Person: PAOLA MENDOZA Date: 8/26/2021 Brief Description of Purchase: Assisting with Grant application for CDBG-MIT Road and Stormwater Mitigation Improvement Grant Source for Purchase: Contract # 046-2821-17 Fund Source: 303-4905-580.63-08 CP0266 22. Vendor: MOTOROLA SOLUTIONS, INC. Purchase Amount: $30,537.00 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/26/2021 Brief Description of Purchase: Required inspection of the radio frequency (RF) antenna to determind the current state, weight load, and structural integrity. Also, includes the purchase and installation of an Antenna System Monitors (ASM). Source for Purchase: Sole Source Fund Source: 303-4119-521.64-15 PD2109 Page 4 Page 234 of 453 Page 5 Page 235 of 453 23. Vendor: ALL COUNTIES PAVING, LLC Purchase Amount: $28,720.00 Requesting Department: PUBLIC WORKS Contact Person: FRANKY LAZO Date: 8/30/2021 Brief Description of Purchase: Memorial Park Mausoleum - pressure washing, painting, and resealing flooring. Source for Purchase: Contract # 013-2511-19 Fund Source: 631-3110-539.49-17 24. Vendor: BROADCAST SYSTEMS Purchase Amount: $13,783.14 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 8/31/2021 Brief Description of Purchase: Purchase of three (3) walk-thru metal detectors for the Police Dept. headquarters, and City Hall. Source for Purchase: 3 quotes Fund Source: 001-2112-521.64-02 25. Vendor: A-1 AIR SOLUTIONS, LLC Purchase Amount: $35,650.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 8/31/2021 Brief Description of Purchase: Upgrade existing HVAC controls at Carolyn Sims Center. Source for Purchase: Contract # 012-2511-20 Fund Source: 303-4101-580.64-18 GG 1004 Page 5 Page 235 of 453 6. H. Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. R31 -124 - Ratification hythe City Commission of the Boynton Beach Community Redevelopment Agency (CRA) annual budget for fiscal year 2021-2022. Explanation ofRequest: The Community Redevelopment Agency is a Special District created by the City Commission. Florida Statute requires that the budget of special districts be contained \Mthin the general budget of the local governing authority and clearly stated as a budget of the dependent district. The Community Redevelopment Agency approved their FY 2021-2022 budget at its September 14, 2021 meeting. The attached resolution completes the annual process of accepting and approving the CRA budget. How will this affect city programs orservices? m/a Fiscal Impact: none Alternatives: none Strategic Plan: Strategic Plan Application: Climate Action Application: Umthis agrant? Grant Amount: Attachments: Type Description D Resolution Resolution ratifyim0the CRA �Bmdget 2021 22 Page 236 of 453 I 2 RESOLUTION R21- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 5 RATIFYING THE 2021-2022 ANNUAL BUDGET FOR THE 6 BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 7 AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Boynton Beach Community Redevelopment Agency was created by 10 Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The 11 Redevelopment Agency has been designated a Florida Special District; and 12 WHEREAS, Florida Statutes 189.016 provides that the proposed budget of a dependent 13 special district, with the concurrence of the local governing authority, may be budgeted 14 separately; and 15 WHEREAS, a local governing authority may, in its discretion, review the budget or tax 16 levy of any special district located solely within its boundaries; and 17 WHEREAS, a final budget of the Boynton Beach Community Redevelopment Agency 18 has been reviewed and considered by the City Commission for the ensuing year, with 19 detailed information. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida hereby S:ACA\RESO\Budget\2021 - 2022 Budget\Ratify CRA Budget (2021-22) - Reso.Docx Page 237 of 453 I ratifies the adoption of the Boynton Beach Community Redevelopment Agency's 2021-2022 2 Annual Budget. 3 Section 3. This Resolution shall become effective immediately upon passage. 4 PASSED AND ADOPTED this 21 st day of September, 2021. 5 6 CITY OF BOYNTON BEACH, FLORIDA 7 8 9 Mayor — Steven B. Grant 10 11 Vice -Mayor —Woodrow L. Hay 12 13 Commissioner —Justin Katz 14 15 Commissioner —Christina L. Romelus 16 17 Commissioner — Ty Penserga 18 19 VOTE 20 ATTEST: 21 22 23 Crystal Gibson, MMC 24 City Clerk 25 26 27 (Corporate Seal) 28 29 30 S:ACA\RESO\Budget\2021 - 2022 Budget\Ratify CRA Budget (2021-22) - Reso.Docx YES NO Page 238 of 453 RESOLUTION NO: R21-02 RESOLUTION OF THE BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY ADOPTING A BUDGET FOR THE FISCAL YEAR OCTOBER 1, 2021 TO SEPTEMBER 30, 2022, AND PROVIDING AN EFFECTIVE DATE. WITNESSETH: WHEREAS, the BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY (BBCRA), in order to implement its Community Redevelopment Plan and provide for its operating expenses, has prepared a Budget for the Fiscal Year beginning October 1, 2021 and ending September 30, 2022, attached hereto as Exhibit "I"; and WHEREAS, the Board has determined that said Budget is in the public's interest and is necessary to implement the BBCRA's goals and objectives. NOW, THEREFORE, BE IT RESOLVED THAT: 1. The Budget attached hereto as Exhibit "I" for financial operations of the Boynton Beach Community Redevelopment Agency for the period from October 1, 2021 through September 30, 2022 is hereby adopted. 2. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of September, 2021. BOYNTON BEA H COMMUNITY REDE N �„ Steven B. Vit, Chair S. Grant J. Katz W. Hay T. Penserga lM C. 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Q d O IL m •O a Ol U U O O E N yC N0) CUA N a n1 = M y 0 > 0 a NV1 E O O ° O aftiA ZE O J d D i = :NE: cE o . °� w. fO E= w K Dd v ' E EN E 0 .0 W V U 3 6 N N ry N 'N 0 U ° ..w > .a v E o O y `o E a o w o 10 i C7 u E o a ` E N D y d D 3 ¢ L c _ Q U m m O v E :a Q v c a u o U N N N N C m v Y O E a m m > ca �' o o m s E c c a w m m o c WY J o v `m O > > m rn •�• m O L) z w¢ w mtz, ¢ x o. z 0 mi Co e M e to U) CL V () u a a [(� O O O O O OO C c c c c c u u u 3 L m a3 m° o m° 0 m° 0 ° m 0 ° m `o m =o m m rn x a 3 a 3 a 3 m 3 a 3 a 3 a 3 a 3 a a 3 i 3 Q d' C m 1 m Y ry t n C m T T T m 3 v = y g y w_ H w y H y Q 2 2 2 2 2 O m O m O m O ❑ li _m O ❑ ❑ 0 _� ❑ ❑ F3❑ _m F3 ❑ ❑ Boynton Beach CRA General Fund - Budget Summary - FY 2021-2022 Tax Increment Revenue (TIF) $ 15,801,715 (a) Marina Rents & Fuel Sales $ 1,000,000 Fund Balance Surplus $ 100,000 Budget Amendment #1 2/9/2021 Total Revenues 1 $ 16,901,715 EXPENSES $ 53,500 (b) CRA Board & Advisory Board Administration & Operations °% Budget Executive Department $ 470,985 (c ) Finance Department $ 221,083 $ 1,000,000 Planning & Development Department $ 188,037 0°% Marketing & Business Development $ 284,386 $ Business Promotion and Events Department $ 131,831 $ 445,561 Taxes, Employee Benefits, Compensated Absences, Workers Comp $ 460,239 $ 16,397,753 Sub -Total $ 1,756,561 $ 29,500 Other General Fund Expenses $ 24,000 45°% Insurances $ 165,000 $ 64,514 Professional Services $ 179,500 $ 211,557 Buildings, Grounds, Maintenance $ 453,839 $ 186,347 Information Technology $ 89,000 1°% Contingency $ 100,000 $ (19,560) $ 987,339 Sub -Total $ 79,302 Boynton Harbor Marina Fuel Dock & Slips Expenses $ 1,000,000 $ 446,832 $ 446,832 Total General Fund Operating $ 3,797,400 (d) Operating Transfers Out $ 122,106 7% Transfer to Debt Service Fund $ 2,140,528 $ (7,500) Transfer to Project Fund $ 10,963,787 $ 191,500 $ 13,104,315 Sub -Total $ 674,159 Total General Fund Expenses & $ (220,320) -49% $ 16,901,715 Transfers Out $ 9,800 (a) Property values in CRA up 6% (b) Increase due to ASL requirements added to all meetings (c) Increase due to funding of the Administrative Assistant Position (d) Decrease due to move to Townsquare FY 2020-2021 2020-2021 vs. Prior Year Increase/ Decrease Original Amended Amount °% Budget Budget $ 14,852,192 $ 14,852,192 $ 949,523 6°% $ 1,000,000 $ 1,000,000 $ - 0°% $ 100,000 $ 100,000 $ 0°% $ 445,561 $ (445,561) 0°% $ 15,952,192 $ 16,397,753 $ 503,962 3% $ 29,500 $ 29,500 $ 24,000 45°% $ 406,471 $ 406,471 $ 64,514 14°% $ 211,557 $ 211,557 $ 9,526 4°% $ 186,347 $ 186,347 $ 1,690 1°% $ 303,446 $ 303,946 $ (19,560) -7°% $ 71,928 $ 79,302 $ 52,529 40°% $ 446,832 $ 446,832 $ 13,407 3% $ 1,626,581 $ 1,634,455 $ 122,106 7% $ 172,500 $ 172,500 $ (7,500) -5°% $ 191,500 $ 191,500 $ (12,000) -7°% $ 674,159 $ 674,159 $ (220,320) -49% $ 79,200 $ 79,200 $ 9,800 11°% $ 100,000 $ 100,000 $ - 0°% $ 1,217,359 $ 1,217,359 $ (230,020) -23% $ 1,000,000 $ 1,000,000 $ 0°% $ 3,873,440 $ 3,881,314 $ (83,914) -2°% $ 2,140,852 $ 2,140,852 $ (324) 0°% $ 8,667,613 $ 9,553,549 $ 1,410,238 13% $ 10,808,465 $ 11,694,401 $ 1,409,914 11°% $ 14,681,905 $ 15,575,715 $ (242,154) -1% Page 242 of 453 Boynton Beach CRA Project Fund - Budget Summary Page 243 of 453 2021-2022 FY 2020-2021 2020-2021 vs. Prior Year Budget Original Budget Amended Budget Increase/(Decrease) FUNDING SOURCES Amount % Original Budget 1. Rollover FY 2020-2021 (see Budget Overview) $ 3,780,917 $ - $ 3,780,917 N/A Professional & Other Expenses 2. Transfers in from General Fund $ 150,000 $ 361,081 $ 211,081 $ - -29% Other Financing Sources/Transfers In $ 10,963,787 $ 9,931,300 $ 9,931,300 $ 1,032,487 10% Legal Services $ 125,000 $ 125,000 $ 125,000 $ - 0% 3. Other Revenue/Financing Sources: $ 485,891 $ 603,181 $ 453,181 $ - 7% 1. Budget Amendment #1 2/9/21 $ 445,561 Property Purchases $ 3,070,764 $ 475,000 $ 475,000 $ 2,595,764 546% Total Funding Sources/Revenues & Transfers In $ 14,744,704 $ 9,931,300 $ 10,376,861 $ 4,813,404 46% Page 243 of 453 2021-2022 FY 2020-2021 2020-2021 vs. Prior Year Budget Original Budget Amended Budget Increase/(Decrease) EXPENSES Amount Professional & Other Expenses Contingency $ 150,000 $ 361,081 $ 211,081 $ (61,081) -29% Professional Services $ 210,891 $ 117,100 $ 117,100 $ 93,791 80% Legal Services $ 125,000 $ 125,000 $ 125,000 $ - 0% Sub -Total $ 485,891 $ 603,181 $ 453,181 $ 32,710 7% Capital Outlav Property Purchases $ 3,070,764 $ 475,000 $ 475,000 $ 2,595,764 546% BBWC Capital Improvements $ 250,000 $ 190,000 $ 190,000 $ 60,000 32% Site Work & Demolition Fees $ 196,592 $ 66,315 $ 66,315 $ 130,277 196% Infrastructure & Streetscape $ 7,677,970 $ 5,577,732 $ 5,577,732 $ 2,100,238 38% Sub -Total $ 11,195,326 $ 6,309,047 $ 6,309,047 $ 43886,279 77% Economic Development & Housing Rehab Program Economic Development Grant Programs $ 556,600 $ 377,000 $ 948,000 $ (391,400) -41% Marketing Program $ 75,000 $ 68,350 $ 68,350 $ 6,650 10% DIFA- Economic Development $ 1,141,500 $ 1,632,000 $ 1,632,000 $ (490,500) -30% Sub -Total $ 1,773,100 $ 2,077,350 $ 29648,350 $ (875,250) -33% Projects & Programs Clean & Safe Program (Clean, Police, Code) $ 524,627 $ 370,000 $ 370,000 $ 154,627 42% Business Promotional Events $ 765,760 $ 549,000 $ 549,000 $ 216,760 39% Sub -Total $ 1,290,387 $ 919,000 $ 919,000 $ 371,387 40% Total Project Fund Expenses $ 14,744,704 $ 9,908,578 $ 10,329,578 $ 43415,126 43% Page 243 of 453 Boynton Beach CRA Debt Service Fund - Budget Summa FY 2021-2022 FY 2020-2021 Original Amended De t. # FundinASource 49900 Transfers In from General Fund Series 2012 (formerIv Series 2004 J 59800-814 Principal $ 59800-824 Interest $ 1,397,000 Sub -Total $ $ Series 2015(formerly ri 59800-815 Principal $ 59800-826 Interest $ 410,000 Sub -Total $ 59800-830 Financial A ent Fees $ 513,620 Total Debt Service 513,620 1, $ Expenses $ Bud JeL Bu et $ 2,137,822 $ 2,137,822 OA-, PNC Bank, I $ 1,397,000 $ 1,397,000 I $ 226,202 $ 226,202 i $ 1,623,202 $ 1,623,202 1 $ 410,000 $ 410,000 I $ 103,620 $ 103,620 I $ 513,620 $ 513,620 1, $ 1,000 $ 1,000 1'' $ 2,137,822 $ 2,137,822 Page 244 of 453 Officer Salary & Incentive(Paramore) 1 $ 95,392 $ 95,392 Salary, Education Incentive Officer Benefits -Pension 1 $ 41,568 $ 41,568 Pension Officer Benefits 1 $ 17,524 $ 17,524 Healthcare, Dental, Vision, FICA Officer Salary & Incentive(J Rivera) 1 $ 77,495 1 $ 77,495 Salary, Education Incentive Officer Benefits -Pension 1 $ 32,117 $ 32,117 Pension Officer Benefits 1 $ 16,155 $ 16,155 Healthcare, Dental, Vision, FICA Officer Salary & Incentive(NEW) 1 $ 59,241 $ 59,241 Salary, Education Incentive (AVG) Officer Benefits -Pension (NEW) 1 $ 28,051 $ 28,051 Pension (AVG) Officer Benefits (NEW) 1 $ 14,358 $ 14,358 Healthcare, Dental, Vision, FICA (AVG) (Civilian) Salary & Incentive Community 1 $ 38,763 $ 38,763 Salary, Education Incentive (AVG) Service Officer (Vasquez) (Civilian) Benefits -Pension 1 1 $ 15,413 ($ 15,413 1 Pension (AVG) (Civilian) Benefits 1 6 $ 13,192 C $ 13,192 '� Healthcare, Dental, Vision, FICA (AVG) Uniform 4 $ ` 500 $ 2,000 uniforms,belts Misc. Equipment - As needed 1 $ 2,500 $ 2,500 Community Events/Promotions 1 $ 4,000 $ 4,000 Youth Programs Vehicle Prefunding 4 $ 6,670 $ 26,678 'FY 21 Interceptors Vehicle Maintenance 4 $ 3,500 $ 14,000 Fuel, maintenance Segway (Maintenance) 1 $ 1,000 $ 1,000 1'Battery Replacement NOTE: All amounts provided by Police Department with exception of Contingency and ILA amount for FY 2022 Revised by CRA to include promotional/marketing materials and additional equipment. Page 245 of 453 As of: June 24, 2021 ASSESSED VALUATIONS FY 2020-2021 ASSESSED VALUES $ 1,548,938,460 Estimate A As of: 6/24/2021 (a) [Chg. from Prior Year $ ..... 85,758,060 5.5% 2. TAX INCREMENT REVENUE -ESTIMATED FOR NEW BUDGET YEAR Assessed Values $ 1,548,938,430 $ 1,634,696,520 Less Base Year Value $ 309,821,849 309,821,849 TIR Taxable Value $ 1,239,116,581 1,324,874,671 95% of Difference $ 1,177,160,752 $ 1,258,630,937 (Per Florida Statutes Chapter 163.387(1)(a) _ Assum tions Redevelopment Trust Fund) No Millage Change Cit &Count Mllla a F�a�s City 7.9000 7.9000 County 4.7815 4.7815 % of Tax Increment RevenueTotal TIR Cit 7 $_9,299,_K7_0' $ 91943 184 62% County .. - $ -µ...� 5,628,594 $ 6 018,144 38% Sub -Total $ 14,928,164 $ 15,961,328 1.0% for True -Up $ 149,282 $ 159,613 1.0% for True -Up Net TIR $ 15,801,715 $ 14,778,882 Budgeted Change from Prev. Year Amount $ 1,022,833 % 1 6.9% (a) The Property Appraiser will issue revisions to the CRA's taxable values at the end of June 2021, and in early October 2021, with a final certified tax value in mid -2022. The CRA's budgeted tax increment revenue will be based on the first, or May 28, 2021, "Estimates of Taxable Values" with a 1 % deduction for the final Property Appraiser certified tax adjustments ("true -up") in mid- 2022 Page 246 of 453 Boynton Beach Community Redevelopment Agency FY 2021-2022 Budget - Personnel Personnel Position FY 2020-2021 FY 2021-2022 No. No. 1 Executive Director 1 1 2 Assistant Director 1 1 3 Finance Director 1 1 4 Accounting and Finance Manager 1 1 5 Development Services Manager 1 1 6 Development Services Specialist (unfunded) 0 0 7 Grants and Project Manager 1 1 s Business Promotion and Events Manager 1 1 9 Business Promotions & Marketing Coordinator 1 0 10 Social Media Communications Specialist 11 Administrative Services Manager 1 1 12 Administrative Assistant 0 1 Total Personnel 10 10 Page 247 of 453 M d' y - O 00 ,'I - C14 O 0) cu a- 6.1. Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-125 - Ratify the Quantum Park Overlay Dependent District annual budget for FY 2021-2022. Explanation of Request: The Quantum Park Overlay Dependent District is a Special District created by the City Commission. Florida Statute requires that the budget of special districts be contained within the general budget of the local governing authority and clearly stated as a budget of the dependent district. The QPODD approved their FY 2021-2022 budget at its Public Hearing on July 15, 2021. The attached resolution completes the annual process of accepting and approving the QPODD budget. How will this affect city programs or services? None Fiscal Impact: None Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Resolkitioirn D d:fr..nn.alrnnrrnernf Description 1::R esollu.aitioirn raflifylin'ng thine (".N::10DD 2021 2022 Budget OIf:::IODID II Y 2021 2022A1pproved IBu.nidget Page 249 of 453 I 2 RESOLUTION R21- 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 5 FLORIDA RATIFYING THE 2021-2022 ANNUAL BUDGET 6 FOR THE QUANTUM PARK OVERLAY DEPENDENT 7 DISTRICT AND PROVIDING AN EFFECTIVE DATE. 8 9 WHEREAS, the Quantum Park Overlay Dependent District (QPODD) was created 10 by Ordinance of the City Commission pursuant to Chapter 163, Florida Statutes. The 11 QPODD has been designated a Florida Special District; and 12 WHEREAS, Florida Statutes 189.016 provides that the proposed budget of a dependent 13 special district, with the concurrence of the local governing authority, may be budgeted 14 separately; and 15 WHEREAS, a local governing authority may, in its discretion, review the budget or tax 16 levy of any special district located solely within its boundaries; and 17 WHEREAS, a final budget of the Quantum Park Overlay Dependent District has 18 been reviewed and considered by the City Commission for the ensuing year, with detailed 19 information. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 22 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 23 being true and correct and are hereby made a specific part of this Resolution upon adoption 24 hereof. 25 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 26 ratifies the adoption of the Quantum Park Overlay Dependent District's 2021-2022 Annual 27 Budget. S:ACA\RESO\Budget\2021 - 2022 Budget\Ratify QPODD Budget (2021-22) - Reso.Docx Page 250 of 453 I Section 3. This Resolution shall become effective immediately upon passage. 2 PASSED AND ADOPTED this 21st day of September, 2021. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 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\Budget\2021 - 2022 Budget\Ratify QPODD Budget (2021-22) - Reso.Docx VOTE YES NO Page 251 of 453 Quantum Park Overlay Dependent Final Budget For Fiscal Year 2021/2022 October 1, 2021 -September 30, 2022 Page 252 of 453 CONTENTS FINAL BUDGET DETAILED FINAL BUDGET III ASSESSMENT COMPARISON Page 253 of 453 FINAL BUDGET QUANTUM PARK OVERLAY DEPENDENT DISTRICT FISCAL YEAR 2021/2022 OCTOBER 1, 2021 -SEPTEMBER 30, 2022 REVENUES $470,000 FISCAL YEAR 2021/2022 BUDGET O & M ASSESSMENTS ESTIMATED RESERVES AS OF 9/30/22 52,718 PARK ASSESSMENTS 103,829 DEBT ASSESSMENTS 2008 LOAN 0 DEBT ASSESSMENTS 2010 LOAN 0 OTHER REVENUES 0 INTEREST INCOME 120 TOTAL REVENUES $ 156,667 EXPENDITURES PARK RESERVES 97,599 ENGINEERING 0 MAINTENANCE MANAGEMENT 0 MAINTENANCE 0 MANAGEMENT 12,000 LEGAL 10,000 ASSESSMENT ROLL 7,500 AUDIT FEES 3,300 INSURANCE 13,600 LEGAL ADVERTISING 1,000 MISCELLANEOUS 300 POSTAGE 200 OFFICE SUPPLIES 100 DUES & SUBSCRIPTIONS 175 WEBSITE MANAGEMENT 1,500 TOTAL EXPENDITURES $ 147,274 REVENUES LESS EXPENDITURES $ 9,393 2008 LOAN PAYMENTS - 2010 LOAN PAYMENTS - BALANCE $ 9,393 COUNTY APPRAISER & TAX COLLECTOR FEE 3,131 DISCOUNTS FOR EARLY PAYMENTS 6,262 EXCESS/ (SHORTFALL) $ - CARRYOVER FROM PRIOR YEAR 0 NET EXCESS/ (SHORTFALL) $ - ESTIMATED RESERVES AS OF 9/30/21 $470,000 FY 2021/2022 RESERVE ASSESSMENTS $97,599 ESTIMATED RESERVES AS OF 9/30/22 $567,599 6/25/2021 7:23 AM I Page 254 of 453 DETAILED FINAL BUDGET QUANTUM PARK OVERLAY DEPENDENT DISTRICT FISCAL YEAR 2021/2022 OCTOBER 1, 2021 -SEPTEMBER 30, 2022 REVENUES FISCAL YEAR 2019/2020 ACTUAL FISCAL YEAR 2020/2021 BUDGET FISCAL YEAR 2021/2022 BUDGET COMMENTS O & M ASSESSMENTS 313,316 52,106 52,718 Expenditures Less Interest & Carryover/.94 PARK ASSESSMENTS 0 260,981 103,829 Park Reserves/.94 DEBT ASSESSMENTS (2008 LOAN) 0 0 0 Loan Payments/.94 DEBT ASSESSMENTS (2010 LOAN) 0 0 0 Loan Payments/.94 OTHER REVENUES 5,461 0 0 INTEREST INCOME 711 120 120 Projected At $10 Per Month TOTAL REVENUES $ 319,488 $ 313,207 $ 156,667 EXPENDITURES PARK RESERVES 0 245,322 97,5991 Park Reserves ENGINEERING 760 0 0 Line Item Eliminated MAINTENANCE MANAGEMENT 43,250 0 0 Line Item Eliminated MAINTENANCE 65,427 0 0 Line Item Eliminated MANAGEMENT 30,528 12,000 12,000 $1,000 Per Month LEGAL 10,855 10,000 10,000 No Chane From 2020/2021 Budget ASSESSMENT ROLL 7,500 7,500 7,500 No Chane From 2020/2021 Budget AUDIT FEES 3,900 3,500 3,300 Accepted Amount For 2020/2021 Audit INSURANCE 11,813 13,000 13,600 Insurance Estimate LEGAL ADVERTISING 2,566 1,000 1,000 No Change From 2020/2021 Budget MISCELLANEOUS 307 300 300 No Change From 2020/2021 Budget POSTAGE 353 200 200 No Change From 2020/2021 Budget OFFICE SUPPLIES 525 100 100 No Change From 2020/2021 Budget DUES & SUBSCRIPTIONS 175 0 175 Annual Fee Due Department Of Economic Opportunity WEBSITE MANAGEMENT 1,500 1,500 1,500 No Change From 2020/2021 Budget TOTAL EXPENDITURES $ 179,459 $ 294,422 $ 147,274 REVENUES LESS EXPENDITURES $ 140,029 $ 18,785 $ 9,393 2008 LOAN PAYMENTS - - - 2008 Loan Paid Off In Full In September 2019 2010 LOAN PAYMENTS - - - 2010 Loan Paid Off In Full In September 2019 BALANCE $ 140,029 $ 18,785 $ 9,393 COUNTY APPRAISER & TAX COLLECTOR FEE 1,766 6,262 3,131 Two Percent Of Total Assessment Roll DISCOUNTS FOR EARLY PAYMENTS 11,328 12,523 6,262 Four Percent Of Total Assessment Roll EXCESS/ SHORTFALL $ 126,935 $ 0 $ CARRYOVER FROM PRIOR YEAR 0 0 0 Carryover From Prior Year NET EXCESS/ (SHORTFALL) $ 126,935 $ 0 $ - ESTIMATED RESERVES AS OF 9/30/21 $470,000 FY 2021/2022 RESERVE ASSESSMENTS $97,599 ESTIMATED RESERVES AS OF 9/30/22 $567,599 6/25/2021 7:23 AM 11 Page 255 of 453 Quantum Park Overlay Dependent District Acreage Assessment Comparison Fiscal Year 2018/2019 Assessment Per Acre* Administrative $ 1,224.18 $ Park Reserves $ - $ 2008 Debt $ 304.53 $ 2010 Debt $ 852.32 $ Total $ 2,381.03 $ * Assessments Include the Following 4% Discount for Early Payments 1 % County Tax Collector Fee 1 % County Property Appraiser Fee Community Information: Assessable Acres 334.86 Fiscal Year 2019/2020 Assessment Per Acre* Fiscal Year Fiscal Year 2020/2021 2021/2022 Assessment Projected Assessment Per Acre* Per Acre* 106.36 $ 155.61 $ 157.43 828.62 $ 779.37 $ 310.07 934.98 $ 934.98 $ 467.50 6/25/2021 7:23 AM "' Page 256 of 453 6.J. Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-126 - Approve and authorize the City Manager to sign an Interlocal Agreement for an Emergency Medical Services (EMS) Grant to Boynton Beach Fire Rescue in an amount not to exceed $20,279.74 to reimburse the City for the purchase of 20 computer tablets. Explanation of Request: Boynton Beach Fire Rescue has been awarded an EMS grant for the purchase of new computer tablets to be used for the completion of patient EMS Reports, Fire Reports, and integration with the City's new Computer Aided Dispatch (CAD) Program. How will this affect city programs or services? Improve and streamline existing processes. Fiscal Impact: Budget savings for the tablet purchase amount. Alternatives: N/A Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: The purchase of these new tablets will improve operational functionality and the ability of the Fire Rescue Department to provide high quality services for the health, safety and welfare of the community. Climate Action Application: N/A Is this a grant? Yes Grant Amount: $20,279.74 Attachments: Type Description Resolution 1=RE:,solluitioirn alb IpirmAi ng II II.....A YMiflln If::1IC:::3C:. foie IC:::::.MS Grant fundst.albleAts) Agreement BIl:::SII::11=� I irnB:¢: irlocall AgireElffm,irnt Page 257 of 453 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 (20) TOUGH TABLETS; AND 7 PROVIDING AN EFFECTIVE DATE. .a 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 (20) Tough 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 258 of 453 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 (20) Tough Tablets. A copy of the Interlocal 32 Agreement is attached hereto as Exhibit "A". 33 Section 3. That this Resolution shall become effective immediately upon passage. 34 PASSED AND ADOPTED this 21 st day of September, 2021. 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 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\Agreements\ILA With PBC For EMS Grant (Tablets) - Reso.Docx VOTE YES NO Page 259 of 453 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 EPCR Tablets with Accessories (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 260 of 453 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 party 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 261 of 453 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 262 of 453 ARTICLE 11— 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 263 of 453 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 -party (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 5of7 Page 264 of 453 ARTICLE 19 - E -VERIFY - EMPLOYMENT ELIGIBILITY Each party warrants and represents that it is in compliance with section 448.095, Florida Statutes, as may be amended. Each party 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 party has a good faith belief that the other party has knowingly violated Section 448.09(1), Florida Statutes, as may be amended, said party shall terminate this Agreement with the violating party. 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 INTENTIONALL Y LEFT BLANK Page 6of7 Page 265 of 453 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 MR Verdenia C. Baker County Administrator APPROVED AS TO FORM AND LEGAL SUFFICIENCY Asst. County Attorney APPROVED AS TO TERMS AND CONDITIONS Mn Department Director CITY OF BOYNTON BEACH By: City Representative APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: City Attorney APPROVED AS TO TERMS AND CONDITIONS By: City Representative Page 7of7 Page 266 of 453 6. K. Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-127 - Authorize the City Manager to sign a Payment Processing Agreement with CSG Forte Payments, Inc. to serve as the payment gateway for collecting on-line payments through SagesGov for Development Department permitting services. Explanation of Request: As part of the Development Services e -permitting project with SagesGov, staff recommends utilizing CSG Forte Payments, Inc. ("Forte") as the payment gateway for permitting payments. Forte is the only SagesGov partner that integrates with both SagesGov and Central Square. As part of the SagesGov phase II implementation, this payment gateway integration will completely automate the permitting process and will make the entire process more user-friendly for both our customers and staff. This Agreement shall have an initial term of five (5) years. Thereafter, this Agreement will automatically renew for additional one (1) year terms. How will this affect city programs or services? Forte will allow payments to be processed in one platform as opposed to customers and staff processing and verifying payments through multiple platforms, making the permitting process more efficient and effective for customers. Permit plan reviews and permit issuances will not be held up for payment verification and will be automatically issued upon an approved plan review. In addition, the Building Division will be able to update permitting processes for many of the residential single -discipline permits, such as AC changeout and water heater replacements to be issued almost immediately upon submittal into SagesGov. Fiscal Impact: Execution of this agreement with Forte will not incur any costs to the City for processing permitting payments with credit cards. Service fees will continue to be charged to the customer. Alternatives: Do not approve this agreement and the permitting process will be partially fragmented and less automated, which will result in a less efficient permitting experience. Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: Is this a grant? No Page 267 of 453 Grant Amount: Attachments: Type D Resolution D Agir(..,eirrieint Description FResolubloin appirmAing Flayirneint F:1irocessiing Agireeirneint C.,SG R.:)irte Flayirm...,intF:Iiroc� ssiing Aggireeimeint Page 268 of 453 1 2 3 4 5 6 7 8 9 10 11 12 13 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A PAYMENT PROCESSING AGREEMENT WITH CSG FORTE PAYMENTS, INC. TO SERVE AS THE PAYMENT GATEWAY FOR COLLECTING ON-LINE PAYMENTS THROUGH SAGESGOV FOR DEVELOPMENT DEPARTMENT PERMITTING SERVICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, as part of the Development Services e -permitting project with SagesGov, staff recommends utilizing CSG Forte Payments, Inc. ("Forte") as the payment gateway for permitting 14 payments; and 15 16 17 18 19 20 21 22 23 WHEREAS, as part of the SagesGov phase II implementation, this payment gateway integration will completely automate the permitting process and will make the entire process more user-friendly for both our customers and staff; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to approve and authorize the City Manager to sign a Payment Processing Agreement with CSG Forte Payments, Inc. to serve as the payment gateway for collecting on-line payments through SagesGov for Development Department permitting services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 26 27 28 29 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. Section 2. The City Commission of the City of Boynton Beach, Florida, hereby approves and authorizes the City Manager to sign a Payment Processing Agreement with CSG Forte Payments, Inc. to serve as the payment gateway for collecting on-line payments through SagesGov for S:ACA\RESO\Agreements\Payment Processing Agreement (CSG Forte) - Reso.docx -1- Page 269 of 453 30 Development Department permitting services. A copy of the Agreement is attached hereto and 31 incorporated herein as Exhibit "A". 32 Section 3. That this Resolution shall become effective immediately. 33 PASSED AND ADOPTED this 21st day of September, 2021. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: 49 50 51 Crystal Gibson, MMC 52 City Clerk 53 54 55 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Agreements\Payment Processing Agreement (CSG Forte) - Reso.docx -2- VOTE YES NO Page 270 of 453 PAYMENT PROCESSING AGREEMENT This Payment Processing Agreement ("Agreement"), including all applicable appendices and addendums hereto, is entered into as of 20_ (the "Effective Date") by and between CSG Forte Payments, Inc. ("FORTE" or "Party") a Delaware corporation and ("AGENCY" or "Party" or "Merchant"). FORTE and its affiliates provide payment processing and related services including but not limited to Automated Clearing House ("ACH"), Credit and Debit Card processing, account verification and customer identification (collectively and individually, as applicable, the "Services") to AGENCY who provides services to, or otherwise has a business relationship with, individuals and other entities ("Constituents"). 1. GENERAL The Agreement shall consist of these terms and conditions, each of the Appendices attached hereto if applicable, and all modifications and amendments thereto. Under the terms of the Agreement, AGENCY will be furnished with the products and services described in the Agreement and attached Appendices, which are selected by Agency and approved by FORTE. For any terms herein that are specifically applicable to any particular product or service offered by FORTE, only the terms and conditions that apply to the specific Service(s) requested by Agency at any given time shall apply. 2. USAGE 2.1 Subject to the terms and conditions of this Agreement, FORTE hereby grants to AGENCY a non- exclusive and non -transferable license to access and use FORTE's products and services contracted for and AGENCY hereby accepts such license and agrees to utilize and access the Services in accordance with the practices and procedures established by FORTE. AGENCY may use the Services (a) for its own internal business purposes and operations, and/or (b) as a service provided to its Constituents, unless otherwise notified by FORTE. No license or right to use, reproduce, translate, rearrange, modify, enhance, display, sell, lease, sublicense or otherwise distribute, transfer or dispose of any of FORTE's Proprietary Property, as defined in Section 3 below, in whole or in part, is granted except as expressly provided by this Agreement. Neither AGENCY nor any of its affiliates shall reverse engineer, decompile or disassemble the Proprietary Property. Additionally, nothing in this Agreement shall be construed to provide AGENCY with a license of any third -party proprietary information or property. 2.2 AGENCY shall ensure that its Users comply with all applicable requirements of this Agreement. AGENCY is responsible for protecting the confidentiality of any and all passwords and credentials provided to AGENCY by FORTE for the purpose of utilizing the Services or other forms of access to AGENCY's accounts with FORTE. AGENCY is responsible for the security of its systems, locations and equipment used in processing transactions under this Agreement and for developing security procedures and training its employees on the procedures. AGENCY expressly assumes responsibility for the acts or omissions of all Users on its account(s) with FORTE, and for User access to FORTE's systems either directly or through software. 3. OWNERSHIP All computer programs, trademarks, service marks, patents, copyrights, trade secrets, know- how, and other proprietary rights in or related to FORTE's products and services (the "Proprietary Property"), are and will remain the sole and exclusive property of FORTE, whether or not specifically recognized or perfected under applicable law. FORTE shall own all rights, title and interest, including all intellectual property rights, in and to any improvements to the existing FORTE products or services and/or any new programs, upgrades, modifications or enhancements developed by FORTE in connection with rendering any services to AGENCY (or any of its affiliates), even when refinements and improvements result from AGENCY's request. To the extent, if any, that ownership in such refinements and improvements does not automatically vest in FORTE by virtue of this Agreement or otherwise, AGENCY hereby expressly transfers and assigns (and, if applicable, shall cause its affiliates to transfer and assign) to FORTE all rights, title, and interest which AGENCY or any of its affiliates may have in and to such refinements and improvements. All reference to any of FORTE's service marks, trademarks, patents or copyrights, or those of FORTE's partners or vendors, shall be made in compliance with 18.10.01 Page 271 of 453 Page 1 the requirements, including periodic updates thereto, as provided at http://www.forte.net/trademark. 4. CONFIDENTIALITY The Parties acknowledge that, by virtue of this Agreement, each has been and will continue to be entrusted with certain Confidential Information (as defined in Appendix A) pertaining to the other's business, including but not limited to proprietary information developed by, acquired by, or licensed to each Party. Each Party agrees that, except to the extent and in the manner necessary to perform its duties hereunder, it will not disclose to others or use for its own benefit any Confidential Information of the other Party and it will hold all Proprietary Property as defined herein confidential in perpetuity. Additionally, in the course of providing and receiving the Services, each Party acknowledges that it may receive or have access to information which can be used to identify an individual consumer (including, without limitation, names, signatures, addresses, telephone numbers, e-mail addresses, payment history, and other unique identifiers) ("Personal Information"). As such, each Party shall: (i) keep all Personal Information in strict confidence, with the degree of care necessary to avoid unauthorized access, use or disclosure; (ii) use Personal Information solely and exclusively for the purposes provided in this Agreement; (iii) implement administrative, physical and technical safeguards to protect Personal Information that are at least as rigorous as accepted industry practices; (iv) as applicable, have in place a program that complies with applicable legal requirements regarding Personal Information. Except with respect to Personal Information, this section will not apply to Confidential Information that (i) was already available to the public at the time of disclosure, (ii) becomes generally known to the public after disclosure to the other party, through no fault of the other party, (iii) is disclosed under force of law, governmental regulation or court order, (iv) is required to be disclosed by a banking partner, an Acquirer or an applicable Payment Association. 5. TERM AND TERMINATION 5.1 Term. This Agreement shall have an initial term of five (5) years. Thereafter, this Agreement will automatically renew for additional one (1) year terms unless either Party provides thirty (30) days' prior written notice of termination to the other Party. 5.2 Exclusivity. During the term of this Agreement, AGENCY shall use FORTE as its exclusive provider of all Services. 5.3 Termination. In the event of a material breach of this Agreement by one Party and failure to cure within thirty (30) days of receipt of written notice of the breach, the other Party may terminate immediately by providing written notice of termination. Additionally, FORTE may immediately terminate this Agreement without prior notice in the event that (i) there is a material adverse change to AGENCY or its financial condition; or (ii) AGENCY experiences excessive chargebacks; or (iii) AGENCY experiences an actual or suspected data security breach; or (iv) AGENCY violates any applicable Law, Rule or Regulation; or (v) if FORTE is instructed to terminate by Financial Institution, Acquirer or Payment Association. 6. TRANSACTION PROCESSING 6.1 Accepting Transactions. FORTE shall process Credit Card, Debit Card and ACH Transactions on the AGENCY's behalf on a 24-hour basis. Transactions which are received before the daily designated cut-off time will be originated for settlement through the corresponding Payment Network. Transactions which are received after the designated cut-off time will be included in the next business day's settlement processing. 6.1.1 Sale Transactions. If a Transaction is sent to FORTE as a sale of goods or services, it will automatically be captured for settlement in time for the next designated cut-off time. 6.1.2 Auth/Capture Transactions. If a Transaction is sent to FORTE for authorization only or for delayed processing, then it will be the responsibility of AGENCY to submit a corresponding "capture" Transaction within 48 hours of the authorization in order to complete the Transaction process for settlement. Transactions which are not captured within 48 hours of Authorization are untimely and may be rejected by FORTE. 18.10.01 Page 272 of 453 Page 2 6.2 Transaction Format. FORTE is responsible only for processing Transactions which are received and approved by FORTE in the proper format, as established by FORTE. 6.2.1 Card Not Present Transactions. For card -based transactions in which the card is not present, AGENCY must obtain and include as part of the authorization request the 3 or 4 digit Validation Code and cardholder's billing address information. 6.3 AGENCY Account. In order to provide transaction processing services, FORTE may need to establish one or more service accounts on AGENCY's behalf or require AGENCY to establish a service account with a third party provider sub -contracting with FORTE. 6.4 Limited -Acceptance Agency. if appropriately indicated on AGENCY's application attached hereto, AGENCY may be a Limited -Acceptance Agency, which means that AGENCY has elected to accept only certain Visa and MasterCard card types (i.e., consumer credit, consumer debit, and commercial cards) and must display appropriate signage to indicate the same. FORTE and its associated credit card acquirer have no obligation other than those expressly provided under the Payment Association Operating Regulations and applicable law as they may relate to limited acceptance. AGENCY, and not FORTE or Acquirer, will be solely responsible for the implementation of its decision for limited acceptance, including but not limited to policing the card type(s) accepted at the point of sale. 6.5 Bona Fide Sales. AGENCY shall only complete sales transactions produced as the direct result of bona fide sales made by AGENCY to cardholders, and is expressly prohibited from processing, factoring, laundering, offering, and/or presenting sales transactions which are produced as a result of sales made by any person or entity other than AGENCY, or for purposes related to financing terrorist activities. 6.6 Setting Limits on Transaction Amount. AGENCY may set a minimum transaction amount to accept a card that provides access to a credit account, under the following conditions: i) the minimum transaction amount does not differentiate between card issuers; ii) the minimum transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand; and iii) the minimum transaction amount does not exceed ten dollars (or any higher amount established by the Federal Reserve). AGENCY may set a maximum transaction amount to accept a card that provides access to a credit account, under the following conditions: AGENCY is a i) department, agency or instrumentality of the U.S. government; ii) corporation owned or controlled by the U.S. government; or iii) agency whose primary business is reflected by one of the following MCCs: 8220, 8244, 8249 —Schools, Trade or Vocational; and the maximum transaction amount does not differentiate between MasterCard, Visa, or any other acceptance brand. 6.7 Modifying Transactions. AGENCY shall regularly and promptly review all Transactions and shall immediately notify FORTE upon discovery of any and all discrepancies between the records of AGENCY compared with those provided by FORTE or AGENCY's bank, or with respect to any Transaction that AGENCY believes was made erroneously or without proper authorization. At AGENCY's request, FORTE will make commercially reasonable efforts to reverse, modify, void or delete a Transaction after it has been submitted for settlement. All requests must be made in writing (electronic mail will be deemed as "in writing" for these purposes), signed or sent by an individual pre -authorized by AGENCY to make such requests, and delivered to FORTE. AGENCY agrees that FORTE will not be held responsible for any losses, directly or indirectly, incurred by AGENCY or other third parties as a result of FORTE's failure to accomplish the request before the Transaction has been processed through the applicable Payment Network. 6.8 Delay or Rejection of Transactions. FORTE may delay or reject any Transaction without prior notification to AGENCY which is improperly formatted, is untimely, is missing information, which may cause it to downgrade or if FORTE has reason to believe such Transaction is fraudulent or improperly authorized or for any reason permitted or required under the Rules or Regulations. FORTE shall have no liability to AGENCY by reason of the rejection of any such Transaction. 6.9 Returned items. FORTE shall make available to AGENCY details related to the receipt of any Transaction that is returned unpaid or Transaction which is charged back and shall credit or charge such returned item to AGENCY's Settlement Account. 6.10 Chargebacks. AGENCY acknowledges and agrees that it is bound by the Rules and Regulations of the Payment Associations with respect to any Chargeback. AGENCY understands that obtaining an authorization for any sale shall not constitute a guarantee of payment, and such sales can be returned or charged back to AGENCY 18.10.01 Page 273 of 453 Page 3 like any other item hereunder. In the event a Transaction is charged back, for any reason, the amount of such Transaction will be deducted from AGENCY's designated Settlement Account or any payment due to AGENCY. 6.11 Excessive Chargebacks. Using limits established by Associations as a. standard for review, FORTE reserves the right to suspend and/or terminate AGENCY's access to the Services should AGENCY's chargeback ratio exceed allowable limits in any given period. FORTE will make reasonable efforts to provide AGENCY with notice and a time to cure its excessive chargebacks prior to suspending or terminating AGENCY's access to the Services. AGENCY acknowledges and expressly authorizes FORTE, in compliance with Payment Association Rules and Regulations, to provide to the Payment Associations and applicable regulatory bodies, AGENCY's name and contact information as well as transaction details should AGENCY's chargeback ratio exceed the allowable limits in any given period. 6.12 Resubmitting Transactions. AGENCY shall not re -submit any Transaction unless it is returned as (i) Insufficient funds (RO1); or (ii) Uncollected funds (R09); or unless a new authorization is obtained from Constituent. 6.13 Settlement. Settlement of AGENCY's funds for Transactions, less any Chargebacks or Returns, to AGENCY's designated Settlement Account will occur within 72 hours of origination excluding weekends and US federal banking holidays. Settlement of Transactions will occur via electronic funds transfer over the ACH Network. Upon receipt of Agency's sales data for card transactions through FORTE's Services, Acquirer will process AGENCY's sales data to facilitate the funds transfer between the various Payment Associations and AGENCY. After Acquirer receives credit for such sales data, Acquirer will fund AGENCY, either directly to the AGENCY -Owned Designated Account or through FORTE to an account designated by FORTE ("FORTE Designated Account"), at Acquirer's sole option, for such card transactions. AGENCY agrees that the deposit of funds to the FORTE Designated Account shall discharge Acquirer of its settlement obligation to AGENCY, and that any dispute regarding the receipt or amount of settlement shall be between FORTE and AGENCY. Acquirer will debit the FORTE Designated Account for funds owed to Acquirer as a result of the Services provided hereunder, unless an Agency -owned account is otherwise designated by AGENCY. Further, if a cardholder disputes a Transaction, if a Transaction is charged back for any reason, or if FORTE or Acquirer reasonably believe a Transaction is unauthorized or otherwise unacceptable, the amount of such Transaction may be charged back and debited from AGENCY if settled to an Agency -owned account or debited from the FORTE Designated Account if settled to that account. 6.14 Provisional and Final Payment. AGENCY, AGENCY's third party senders (if applicable), and/or AGENCY's agent(s) understand and agree that Entries may be transmitted through the ACH Network, that payment of an Entry by the RDFI to the Receiver is provisional until receipt by the RDFI of final settlement for such Entry, and that if such settlement is not received, then the RDFI will be entitled to a refund from the Receiver of the amount credited and AGENCY will not be deemed to have paid the Receiver the amount of the Entry. The rights and obligations of AGENCY concerning the Entry are governed by and construed in accordance with the laws of the state in which the processing ODFI is located, unless AGENCY and FORTE have agreed that the laws of another jurisdiction govern their rights and obligations. 6.15 Reporting. FORTE will make daily origination and deposit reports available to AGENCY on a 24/7 basis through the Internet -based FORTE platform. 7. TRANSACTION AUTHORIZATION 7.1 Constituent Authorization. AGENCY shall obtain authorization from Constituent prior to requesting a Transaction to or from Constituent's account. 7.2 Retention. AGENCY shall retain proof of Constituent's authorization for a period of not less than two (2) years for standard Transactions and for a period of five (5) years for health- related Transactions from the authorization date or revocation of authorization date and shall provide such proof of authorization to FORTE upon request within five (5) business days of the request. 7.3 Revoked Authorization. AGENCY shall cease initiating Transactions to or from a Constituent's account immediately upon receipt of any actual or constructive notice of that Constituent's termination or revocation of authorization. AGENCY may re-initiate Transactions to or from a Constituent's account only upon receiving new authorization from the Constituent. 18.10.01 Page 274 of 453 Page 4 8. AGENCY PROHIBITIONS AGENCY must not i) require a cardholder to complete a postcard or similar device that includes the cardholder's account number, card expiration date, signature, or any other card account data in plain view when mailed, ii) add any tax to Transactions, unless applicable law expressly requires that AGENCY impose a tax (any tax amount, if allowed, must be included in the Transaction amount and not collected separately), iii) request or use an account number for any purpose other than as payment for its goods or services, iv) disburse funds in the form of travelers checks if the sole purpose is to allow the cardholder to make a cash purchase of goods or services from AGENCY, v) disburse funds in the form of cash unless AGENCY is dispensing funds in the form of travelers checks, TravelMoney cards, or foreign currency (in such case, the Transaction amount is limited to the value of the travelers checks, TravelMoney cards, or foreign currency, plus any commission or fee charged by AGENCY), or AGENCY is participating in a cash back service, vi) submit any Transaction receipt for a Transaction that was previously charged back to the Acquirer and subsequently returned to AGENCY, irrespective of cardholder approval, vii) accept a Visa consumer credit card or commercial Visa product issued by a U.S. issuer to collect or refinance an existing debt that has been deemed uncollectable by AGENCY, or ix) submit a Transaction that represents collection of a dishonored check. AGENCY further agrees that, under no circumstance, will AGENCY store cardholder data in violation of the Laws or the operating regulations of any Payment Association including but not limited to the storage of track -2 data. Neither AGENCY nor its agent shall retain or store magnetic -stripe data subsequent to the authorization of a sales Transaction. AUTHORIZATION 9.1 ACH Authorization. AGENCY authorizes FORTE to electronically debit and credit AGENCY's designated bank account(s) for any amounts owed to or by AGENCY in accordance with the terms of this Agreement. 9.2 Third Party Service Provider. If AGENCY uses the Services through or in conjunction with a third party service provider that is not a party to this Agreement, AGENCY authorizes FORTE to provide ("Partner") with its FORTE merchant account information and credentials. If applicable, AGENCY authorizes Partner to originate Transactions and receive the corresponding results on its behalf. 10. CONSTITUENT DISPUTES All disputes between AGENCY and its Constituent (s) relating to any Transaction processed under this Agreement will be settled by and between AGENCY and Constituent. AGENCY agrees that FORTE bears no responsibility or involvement in any such dispute. 11. COMPLIANCE WITH LAWS, RULES AND REGULATIONS In performing its duties under this Agreement, each Party agrees to comply with all applicable Rules, Regulations and Laws, including but not limited to all confidentiality and security requirements of the USA Patriot Act (or similar law, rule or regulation), all Rules of any applicable Payment Associations, all requirements under the Payment Card Industry Data Security Standard (or similar applicable data security law, rule or regulation) including but not limited to the VISA Cardholder Information Security Program, the MasterCard Site Data Protection Program, and any other program or requirement that may be published and/or mandated by the Associations. Each Party agrees to cooperate and provide information reasonably requested by the other to facilitate its compliance with any applicable Law, Rule or Regulation. Additionally, should a Payment Association or regulatory body impose a fee or fine on AGENCY for any violation of the Rules or Laws by AGENCY, such fee or fine may be charged to FORTE as a pass-through to AGENCY. If any such fee or fine is charged to FORTE, AGENCY shall reimburse FORTE for any such fees or fines. 12. PRICING AND PAYMENT 12.1 FORTE will provide the Services in accordance with the fees listed on the Pricing Schedule(s) attached hereto or any amendments thereto. Pricing which utilizes an Absorbed Fee Model will be billed to the AGENCY 18.10.01 Page 275 of 453 Page 5 monthly in arrears and will automatically be debited from AGENCY's designated account via ACH Debit. Pricing which utilizes a Service Fee Model will result in a processing fee being charged to the Constituent in the form of a non-refundable service fee which is either (i) added to; or (ii) charged as a separate transaction to the Constituent at the time of payment. 12.2 Pricing which utilizes a flat service fee model are calculated based on historical or estimated transactional amount activity by AGENCY. In the event that experiential transaction activity varies significantly from the historical or estimated amounts, FORTE shall have the right to adjust the service fee in accordance to the experiential transaction activity. 12.3 FORTE's pricing is subject to the underlying fees established by the Payment Associations and its service providers. As such, in the event FORTE experiences an increase in cost for any processing services utilized by AGENCY during any term of this Agreement, FORTE will pass through the increases with no additional markup to AGENCY. FORTE will provide AGENCY a minimum of thirty (30) days' notice of any change or adjustment in fees. 13. LIMITS OF LIABILITY 13.1 Neither Party shall be liable to the other Party or to any third party for any special, consequential, incidental or punitive damages of any kind or nature incurred in relation to this Agreement. The amount of damages recoverable by either Party from the other will not exceed that Party's actual, direct damages and will be limited to the amount of the average monthly fees and charges paid by AGENCY for the Service for the immediate three (3) month period prior to the event giving rise to the applicable claim. Neither Party will be liable for failure to perform any of its obligations under this Agreement if such performance would result in it being in breach of any Law, Rule or requirement of any governmental authority. The provisions of this section will survive the termination of this Agreement. 13.2 FORTE shall not be held responsible for errors, acts or failures to act of others, including, and among other entities, banks, other processors, connnunications carriers or clearing houses through which Transactions may be originated or through which FORTE may receive or transmit information, and no such entity shall be deemed an agent of FORTE. 14. REPRESENTATIONS AND WARRANTIES. 14.1 FORTE's Representations and Warranties. FORTE makes no representations or warranties concerning its services except as may be specifically authorized, in writing, or set out herein. 14. 1.1 FORTE hereby warrants that its software solutions and services will perform in accordance with their published specifications in all material respects. 14.1.2 FORTE further warrants that in performing its obligations hereunder, it shall exercise due care and reasonable efforts to ensure that information originated by AGENCY is transmitted accurately. 14.2 AGENCY's Representations and Warranties. AGENCY represents and warrants to FORTE that: 14.2.1 If applicable, with respect to all Transactions originated by FORTE on behalf of AGENCY that (i) each Transaction in all respects has been properly authorized by Receiver; (ii) each Transaction is for an amount agreed to by the Receiver and; (iii) AGENCY shall provide proof of authorization in compliance with applicable Rules for any Transaction to FORTE upon request within five (5) Business Banking Days. 14.2.2 AGENCY agrees to adhere to the warranties within the applicable Rules for each Transaction FORTE processes on AGENCY's behalf. 14.3 Mutual Representations and Warranties. Each Party represents and warrants to the other that: 14.3.1 The execution of this Agreement does not violate any applicable international, federal, state, or local law, Payment Network rule or contract to which such Party is subject. 14.3.2 There are no actions, suits or proceedings existing or pending against or affecting it before any judicial or regulatory authority which would have a material adverse effect on its ability to perform its obligations hereunder. 14.3.3 When executed and delivered, this Agreement will constitute a legal, valid, and binding obligation, enforceable in accordance with its terms. 18.10.01 Page 276 of 453 Page 6 15. FORTE SERVICE POLICY. FORTE makes no representations or warranties concerning its services except as may be specifically authorized, in writing, or set out herein. AGENCY acknowledges and understands that FORTE does not warrant that the Services will be uninterrupted or error free and that FORTE may occasionally experience delays or outages due to disruptions that are not within FORTE's control. Any such interruption shall not be considered a breach of the Agreement by FORTE. FORTE shall use its best efforts to remedy any such interruption in service as quickly as possible. 16. FORCE MAJEURE Neither Party shall be liable for, or be considered in breach of or default under the Agreement on account of any delay or failure to perform its obligations hereunder as a result of any causes or conditions that are beyond such Party's reasonable control and that such Party is unable to overcome through the exercise of commercially reasonable diligence. If any force majeure event occurs, the affected Party shall give prompt written notice to the other Party and shall use all commercially reasonable efforts to minimize the impact of the event. 17. ASSIGNMENT The rights granted under this Agreement shall not be assigned by either Party without the prior written consent of the other Party, which shall not be unreasonably withheld. 18. CHOICE OF LAW This Agreement shall be governed by and construed in accordance with the internal laws of the State of . Agency hereby agrees that claims applicable to American Express may be resolved through arbitration as further described in the American Express Merchant Operating Guide, see Appendix C, Section 4 herein. 19. AMENDMENT Except as otherwise provided for herein, the terms and conditions of this Agreement shall not be modified or amended except in writing, signed by the parties hereto and specifically referring to this Agreement. 20. PUBLICITY Neither Party shall use the other Party's name, logo or service marks in conjunction with a press release or advertisement without first obtaining written approval. 21. NOTICE Any notice required to be given by either Party hereunder, shall be in writing and delivered personally to the other designated Party, or sent by any commercially reasonable means of receipted delivery, addressed, to that Party at the address most recently provided in writing. Either Party may change the address to which notice is to be sent by written notice to the other under any provision of this paragraph. Notices to FORTE: CSG Forte Payments, Inc. 500 W. Bethany Drive Suite #200 Allen, TX 75013 Attn: General Counsel 22. HEADINGS 18.10.01 Page 7 Notices to AGENCY: Page 277 of 453 The headings contained in this Agreement are for convenience of reference only and shall not affect the meaning of any provision of this Agreement. 23. SEVERABILITY Should any term, clause or provision herein be found invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be construed to most closely reflect the original intent of the parties. 24. ENTIRE AGREEMENT; WAIVER; COUNTERPARTS This Agreement constitute the entire understanding of the Parties, and revoke and supersede all prior agreements between the Parties and are intended as a final expression of their agreement. Either Party's waiver of any breach of any provision of this Agreement shall not be deemed a waiver of any subsequent breach of same or other provision. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original and all of which together shall constitute one instrument. IN WITNESS WHEREOF, the undersigned, being duly authorized thereto by their respective organizations, have executed this Agreement as of the date set forth below. FORTE: By: Name: Title: AGENCY: By: Name: Title: 18.10.01 Page 278 of 453 Page 8 APPENDIX A DEFINITIONS ACH Network — Automated Clearing House Network is a batch processing, store -and - forward system that accumulates and distributes ACH transactions that are received from ODFI (defined below) and are forwarded to the specified RDFT (defined below) according to the specific schedules established by the participants. Acquirer — A sponsoring financial institution or payment processor that enters into an agreement which enables merchants/government agencies or their Agent(s) to submit Transactions to a payment network. Affiliate — A business entity effectively controlling or controlled by another or associated with others under common ownership or control. Agent Any director, officer, employee, representative, affiliate, third -party vendor or any other person acting on behalf of the Merchant/Agency with the actual, implied or apparent authority of Merchant/Agency. Business Banking Day — Monday through Friday excluding banking holidays. Chargeback— A Transaction that is rejected by the owner of the account debited or charged because a dispute exists between the Originator of the Transaction (typically a Merchant/Agency) and the account owner. Confidential Information - Confidential Information may include information regarding all of the computer software and technologies, systems, structures, architectures, processes, formulae, compositions, improvements, devices, know-how, inventions, discoveries, concepts, ideas, designs, methods, and information and databases developed, acquired, owned, produced or practiced at any time by a Parry or any affiliate thereof, including software programs and documentation licensed by third parties to the disclosing Party, any business or financial information directly or indirectly related to the 18.10.01 Page 9 disclosing Party's company(s) or investments or its internal administrative, billing and accounting systems, customer and vendor lists and information, employee personnel information and policies and procedures, information regarding the disclosing Party's products and services that is not generally available to the public. Credit Entry (or "Entry) — An ACH/EFT Transaction that is intended to deposit funds into a Receiver's (defined below) account which has been withdrawn from Merchant's/Agency's Settlement Account (defined below). Debit Entry (or "Entry") — An ACH/EFT Transaction that is intended to withdraw funds from a Receiver's account for deposit into Merchant's/Agency's Settlement Account (defined below). Laws — All international, national, regional and local regulations or laws which are applicable to the services provided herein. NACHA — National Automated Clearing House Association responsible for establishing, revising and enforcing the Operating Rules for the US ACH Network. ODFI — Originating Depository Financial Institution is the financial institution that receives ACH Transactions from Merchant/Agency through FORTE and then forwards these Transactions (defined below) to the ACH Network. Originator — A Merchant/Agency who has contracted with FORTE to initiate ACH entries, on their behalf, to the ACH Network. Payment Association — Any entity governing a payment network, including but not limited to VISA, M/C, Discover, American Express, NACHA, CPA. PCI -DSS — System security measures established by the various credit card companies, known as the Payment Card Industry Data Page 279 of 453 Security Standards. RDFT — Receiving Depository Financial Institution is the financial institution that receives the ACH Transactions from the ODFI through the ACH Network and posts these Transactions to the accounts of Receivers (defined below). Receiver —An entity or individual consumer that has an established account with a card issuer or financial institution upon which a Transaction is or may be acted upon. Reserve — A specific amount of money that is held in your Merchant/Agency account to be used by FORTE to offset amounts owed to FORTE for Services provided, such as returned items, chargebacks, fees/fines, billing or other Merchant/Agency obligations to FORTE that FORTE is unable to collect from Merchant/Agency. Returned Entries — Any Transaction that is not able to be completed successfully and is returned/rejected back to the Originator. Rules — The operational rules, policies and procedures established by each applicable Payment Association to govern all transactions and parties that participate in the associated 18.10.01 Page 10 payment network. Settlement Account — An account established and maintained by Merchant/Agency with a financial institution through which the following may occur: (a) deposit of funds for Debit Entries, (b) the extractions of funds for Credit Entries, reserve funds or fee obligations unless otherwise agreed to by the parties. Settlement Entry — A Debit or Credit Entry to Merchant's/Agency's Settlement Account which corresponds to the net amount owed Merchant/Agency by FORTE at the end of each Business Banking Day. Transactions —Any transfer of data or information to FORTE in a format pre -approved by FORTE, including but not limited to payment, verification and authentication items. Users - All individuals who access a FORTE website or utilize any portion of the FORTE Services on behalf of Merchant/Agency directly or through software that accesses the FORTE systems through Merchant's/Agency's systems, by using Merchant's/Agency's access credentials or any other access reasonably presumed to be on behalf of Merchant/Agency. Page 280 of 453 APPENDIX B ACCOUNT VERIFICATION AND AUTHENTICATION SERVICES 1. Representation by Agency. Each request for data through the verification and authentication services shall constitute a representation, warranty and certification by Agency that the data (i) shall be used and disclosed only in accordance with the terms of the Agreement, and in accordance with any applicable Rules or Laws; and (ii) shall be used solely for the intended use as stated by Agency on the application and that use is in compliance with the permissible uses under the Fair Credit Reporting Act ("FCRA") as provided in the FCRA Requirements Addendum located at http://www.forte.net/fair-credit-reporting (iii) Agency will follow proper procedures for adverse action notification to its Constituents, as provided by the FCRA Requirements Addendum; and (iv) Agency acknowledges it has implemented security measures to prohibit the unauthorized access to the information provided. 2. Use of Services. 2.1 AGENCY SHALL USE THE VERIFICATION SERVICES ONLY IN CONNECTION WITH PAYMENTS PRESENTED TO AGENCY BY ITS CONSTITUENTS IN EXCHANGE FOR GOODS OR SERVICES. AGENCY SHALL NOT RESELL THE VERIFICATION DATA OR SERVICES TO ANY THIRD PARTIES. 2.2 Agency understands and agrees that it cannot decline services to a consumer or customer after receiving an approval result from FORTE on a verification inquiry unless Agency is declining based on other grounds and/or information. Further, if Agency does decline services to a FORTE approved consumer or customer based on alternate information, Agency shall not provide FORTE's contact information as recourse for the consumer to pursue a dispute of the result under FCRA Adverse Action requirements. 2.3 Agency shall provide to FORTE, as part of a verification inquiry, the accurate amount for each transaction Agency wants to verify. 3. Retention of Data. Agency acknowledges and agrees that it shall not retain, store, compile or aggregate the results of verification or authentication inquiries received from FORTE except as required by applicable law or to perform its obligations under this Agreement. 18.10.01 Page 11 Page 281 of 453 APPENDIX C ACCOUNT UPDATER SERVICES 1. Description of Services. Participating Visa/MasterCard Issuers submit their account changes to the Account Updater Database. On a monthly basis, FORTE will compare all of AGENCY's recurring tokenized transactions against the Account Updater Database. FORTE will then update the tokenized card information on file with updated account information. 2. Agency Requirements for Account Updater Participation. a. AGENCY must be properly established and registered in the United States. b. AGENCY must not have been disqualified from participating in the Visa, MasterCard, American Express, or Discover programs. c. AGENCY must be in compliance with all Card Association Operating Regulations. d. AGENCY must submit inquiries only for those accounts with which the it has an ongoing customer relationship and customer's authority to submit such payments. e. AGENCY may not request authorization on accounts that have returned "Contact Cardholder" or "Closed." f. AGENCY must not submit inquiries on behalf of any other entity. g. AGENCY assumes all risk associated with the use of the Account Updater Service. FORTE shall have no liability whatsoever to AGENCY for any liability associated with the Account Updater Service, including but not limited to the accuracy or completeness of the information provided via the Account Updater Service. 18.10.01 Page 12 Page 282 of 453 APPENDIX D AMERICAN EXPRESS CARD ACCEPTANCE 1. Merchant hereby acknowledges and agrees that for purposes of acceptance of American Express, the American Express Merchant Operating Guide and any amendments thereto (the "Operating Guide") is hereby incorporated by reference into this Agreement and can be found at www.americanexpress.com/merchantopgaide. All capitalized terms found in this section shall have the attributed meaning from the Operating Guide. 2. Merchant hereby acknowledges and agrees that it is not a party to any agreement between FORTE and American Express. 3. Merchant hereby authorizes FORTE and/or Acquirer to submit American Express transactions to, and receive settlement from, American Express on behalf of Merchant. Merchant must accept the American Express card as payment for goods and services (other than those goods and services prohibited under the Operating Guide) sold, or (if applicable) for charitable contributions made, at all of its establishments, except as expressly permitted by applicable Law. Merchant is jointly and severally liable for the obligations of Merchant's establishments under the Agreement. For the avoidance of doubt, "cardholder" as used in this Agreement shall include Cardmernbers as defined in the Operating Guide. 4. Merchant hereby acknowledges and agrees that (i) FORTE or Acquirer may disclose American Express Transaction Data (which for purposes of this section shall have the same definition as "Transaction Data" in the Operating Guide), Merchant Data (as defined below), and other information about Merchant to American Express, (ii) American Express may use such information to perform its responsibilities in connection with the American Express Program, promote the American Express Network, perform analytics and create reports, and for any other lawful business purpose, including marketing purposes, and (iii) American Express may use the information obtained in this application at the time of setup to screen and/or monitor Merchant in connection with American Express Card (the "Card") marketing and administrative purposes. If Merchant has provided a wireless phone number in connection with this Agreement, Merchant hereby agrees that it may be contacted at that number and the communications sent may include autodialed text messages or automated prerecorded calls. If Merchant has provided a fax number, Merchant hereby agrees that it may be sent fax communications. To opt out of American Express -related marketing communications, Merchant may contact FORTE customer service as described in this Agreement. For purposes of this section, "Merchant Data" means names, postal and email addresses, tax ID numbers, names and social security numbers of the authorized signer of Merchant and similar identifying information about Merchant. For clarification, Merchant Data does not include American Express Transaction Data. 5. Merchant will adhere to the following website information display guidelines in the event Merchant has a website and/or operates an e-commerce business. Merchant's website must display the following: • An accurate description of the goods/services offered, including the currency type for the Transaction (e.g., U.S. Dollars). Note: Transaction currency must be in U.S. Dollars. • Merchant's physical address in the U.S. • An email address or telephone number for customer service disputes. • Return/refund policy. • A description of Merchant's delivery policy (e.g., no overnight delivery). • A description of Merchant's security practices (e.g., information highlighting security practices Merchant uses to secure Transactions on its systems, including Transactions conducted on the Internet). • A statement of known export restrictions, tariffs, and any other regulations. 18.10.01 Page 13 Page 283 of 453 A privacy statement regarding the type of personal information collected and how the information is used. Additionally, Merchant must provide to customers the option to decline being included in marketing campaigns or having their personal information included on lists sold to third parties. 6. Merchant hereby agrees that, in the event that Merchant becomes a High Charge Volume Merchant (as defined below), Merchant will be converted from the American Express Program to a direct American Express Card acceptance relationship with American Express, and upon such conversion, (i) Merchant will be bound by American Express' then -current card acceptance agreement, and (ii) American Express will set pricing and other fees payable by Merchant for American Express Card acceptance. "High Charge Volume Merchant" for purposes of this section means an American Express Program Merchant with either (i) greater than $1,000,000 in American Express charge volume in a rolling twelve (12) month period or (ii) greater than $100, 000 in American Express charge volume in any three (3) consecutive months. For clarification, if Merchant has multiple establishments, the American Express charge volume from all establishments shall be summed together when determining whether Merchant has exceeded the thresholds above. 7. Except as expressly permitted by applicable Law, Merchant must not: (a) indicate or imply that Merchant prefers, directly or indirectly, any Other Payment Products over the Card, (b) try to dissuade Cardmembers from using the Card, (c) criticize or inischaracterize the Card or any of American Express' services or programs, (d) try to persuade or prompt Cardmembers to use any Other Payment Products or any other method of payment (e.g., payment by check), (e) impose any restrictions, conditions, disadvantages, or fees when the Card is accepted that are not imposed equally on all other payment products, except for electronic funds transfer, cash or check, (f) suggest or require Cardmembers to waive their right to dispute any Transaction, (g) engage in activities that harm American Express' business or the American Express Brand (or both), (h) promote any Other Payment Products (except, if applicable, Merchant's own private label card that it issues for use solely at its Establishments) more actively than Merchant promotes the Card, or (i) convert the currency of the original sale Transaction to another currency when requesting Authorization or submitting Transactions (or both). 8. Merchant may offer discounts or in-kind incentives from its regular prices for payments in cash, ACH funds transfer, check, debit card, or credit/charge card, provided that (to the extent required by applicable Law): (i) Merchant clearly and conspicuously discloses the terms of the discount or in-kind incentive to its customers, (ii) the discount or in-kind incentive is offered to all of Merchant's prospective customers, and (iii) the discount or in-kind incentive does not differentiate on the basis of the Issuer or, except as expressly permitted by applicable state statute, payment card network (e.g., Visa, MasterCard, Discover, JCB, American Express). The offering of discounts or in-kind incentives in compliance with the terms of this paragraph will not constitute a violation of the provisions set forth Section 3.2 of the Operating Guide. 9. Whenever payment methods are communicated to customers, or when customers ask what payments are accepted, Merchant must indicate its acceptance of the Card and display American Express' Marks (including any Card application forms provided to Merchant) as prominently and in the same manner as any Other Payment Products. Merchant must not use American Express' Marks in any way that injures or diminishes the goodwill associated with the American Express Mark, nor in any way (without American Express' prior written consent) indicate that American Express endorses Merchant's goods or services. Merchant shall use the American Express brand and marks in accordance with the requirements set forth in the Operating Guide and shall remove the American Express brand and marks from Merchant's website and wherever else they are displayed upon termination Merchant's acceptance of American Express cards. 10. Any and all Cardmember Information is confidential and the sole property of the Issuer, American 18.10.01 Page 14 Page 284 of 453 Express or its Affiliates. Except as otherwise specified, Merchant must not disclose Cardmember Information, nor use nor store it, other than to facilitate Transactions in accordance with this Agreement. For more information, refer to the Operating Guide, Section 4.2, "Completing a Transaction at the Point of Sale" and Chapter 8, "Protecting Cardmember Information". 11. Merchant shall not assign to any third party any American Express -related payments due to it under this Agreement, and all indebtedness arising from American Express Charges (as defined below) will be for bona fide sales of goods and services (or both) at its establishments (as defined below) and free of liens, claims, and encumbrances other than ordinary sales taxes; provided, however, that Merchant may sell and assign future American Express transaction receivables to FORTE, its affiliated entities and/or any other cash advance funding source that partners with FORTE or its affiliated entities, without consent of American Express. 12. Merchant hereby agrees that American Express shall have third party beneficiary rights, but not obligations, to enforce this Agreement as against Merchant to the extent applicable to American Express processing. Merchant understands and agrees that it shall have no third party beneficiary rights under any agreement between FORTE and American Express and/or Acquirer. Merchant shall maintain refund policies for purchases on the American Express card that are at least as favorable as its refund policy for purchases on any other payment product. Merchant will disclose any such refund policy to Cardmembers at the time of purchase and in compliance with the Operating Guide and all applicable Laws. Merchant's termination of American Express Card acceptance shall have no direct or indirect effect on Merchant's rights to accept other card brands. To terminate American Express acceptance, Merchant may contact FORTE customer service as described in this Agreement. 13. Without limiting any other rights provided herein, FORTE and/or Acquirer shall have the right to immediately terminate Merchant's acceptance of American Express cards upon request of American Express. Merchant may not bill or collect from any Cardmember for any purchase or payment on the Card unless a chargeback has been exercised, Merchant has fully paid for such charge, and it otherwise has the right to do so. Merchant will comply with all procedural requirements relating to chargebacks, as provided in the Operating Guide, Chapter 11. 14. American Express Liability. SPONSORED MERCHANT ACKNOWLEDGES AND AGREES THAT IN NO EVENT SHALL AMERICAN EXPRESS, ITS AFFFILIATES, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO SPONSORED MERCHANT FOR ANY DAMAGES, LOSSES, OR COSTS INCURRED, INCLUDING INCIDENTAL, INDIRECT, SPECULATIVE, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (WHETHER BASED ON CONTRACT, TORT, INCLUDING NEGLIGENCE, STRICT LIABILITY, FRAUD, OR OTHERWISE, OR STATUTES, REGULATIONS, OR ANY OTHER THEORY), ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT. 18.10.01 Page 15 Page 285 of 453 6. L. Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. 21-128 - Approve transmittal of the City of Boynton Beach State Housing nitiative Partnership (S HI P) Program Annual Report for FY2018-2019, and authorize the Mayor to sign the corresponding Local Housing Certification. Explanation of Request: Florida Statute 420-9072 regulates State Housing Initiative Partnership (SHIP) Program funds. The City of Boynton Beach receives an allocation of funds "created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of a local housing assistance plan, to expand the production of and preserve affordable housing, to further the housing element of the local government Comprehensive Plan specific to affordable housing and to increase housing related employment". The Statute requires that each county or eligible municipality submit to the Florida Housing Finance Corporation (Corporation) an annual report of its affordable housing programs and accomplishments utilizing S HI P funds through June 30, the close of the state's fiscal year. The report shall be certified as accurate and complete by the local government chief elected official or his/her designee. The report is representative of the following three years worth of funding from the beginning of the report year. The Statute also requires that the report be made available for public inspection and comment prior to transmitting it to the Corporation. How will this affect city programs or services? The State Housing Initiative Partnership (SHIP) Program is one of two principal funding sources for the City's affordable housing programs. Fiscal Impact: SHIP funds are also used for a portion of the City's administration costs which also lessens the demand on the general fund for personnel expenses. Alternatives: None recommended Strategic Plan: Building Wealth in the Community Strategic Plan Application: The SHIP Program is one source of funding for the City's affordable housing programs, and affordable and workforce housing represents one or more strategic plan projects currently in progress. Climate Action Application: N/A Page 286 of 453 Is this a grant? Grant Amount: Attachments: Type D Resolution D Exhibit D Exhilbit Description Resolution appiroAing trainsirnittal of &I fil IP repoirt AnnualR(.�,�poirt four F:::Y 201 8 2019 Certification I )ocurnent Page 287 of 453 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 RESOLUTION R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING TRANSMITTAL OF THE CITY OF BOYNTON BEACH STATE HOUSING INITIATIVE PARTNERSHIP (SHIP) PROGRAM ANNUAL REPORT FOR FY 2018-2019; AUTHORIZING THE MAYOR TO SIGN THE CERTIFICATION TO ACCOMPANY THE REPORT; PROVIDING AN EFFECTIVE DATE. WHEREAS, Florida Statute 420.9072 regulates State Housing Initiative Partnership (SHIP) Program; and WHEREAS, The State Housing Initiatives Partnership Program is created for the purpose of providing funds to counties and eligible municipalities as an incentive for the creation of local housing partnerships, to expand production of and preserve affordable housing, to further the housing element of the local government comprehensive plan specific to affordable housing, and to increase housing -related employment; and WHEREAS, the Statute requires that each county or eligible municipality shall submit to the Florida Housing Finance Corporation each year a report of its affordable housing programs and accomplishments through June 30th of each year; and WHEREAS, the report shall be certified as accurate and complete by the local government's chief elected official or his or her designee; and WHEREAS, upon the recommendation of staff, the City Commission deems it to be in the best interests of the citizens and residents of the City of Boynton Beach to approve transmittal of the City of Boynton Beach State Housing Initiative Partnership (SHIP) Program Annual Report for FY2018-2019, and authorize the Mayor to sign the corresponding Local S:\CA\RESO\SHIP Annual Report Transmittal (2018-19) - Reso.docx Page 288 of 453 28 Housing Certification. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 30 OF BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are true and correct and are hereby 32 ratified and confirmed by the City Commission. 33 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 34 approves transmittal of the City of Boynton Beach State Housing Initiative Partnership (SHIP) 35 Program Annual Report for FY 2018-2019, and authorize the Mayor to sign the 36 corresponding Local Housing Certification. 37 Section 3. This Resolution shall become effective immediately upon passage. 38 PASSED AND ADOPTED this 21st day of September, 2021. 39 CITY OF BOYNTON BEACH, FLORIDA 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 ATTEST: 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor— Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga S:\CA\RESO\SHIP Annual Report Transmittal (2018-19) - Reso.docx VOTE YES NO Page 289 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Title: SHIP Annual Report Report Status: Unsubmitted Boynton Beach FY 2018/2019 Closeout Form 1 Page 1 Page 290 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 SHIP Distribution Summary Homeownership Homeownership Totals: $97,816.85 5 Rentals Amount Expended I Encumbered I Unencumbered I Code Strategy Amount Units Amount Units Amount Units 1 Purchase Assistance with $19,000.00 1 Rehabilitation 3 owner occupied rehab $73,935.00 3 5 Disaster Assistance $4,881.85 1 Homeownership Totals: $97,816.85 5 Rentals Rental Totals: Subtotals: $97,816.85 5 Additional Use of Funds Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds 1 $9,869.101 1 $52.851 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount Expended I I Encumbered I I Unencumbered I I ac(e Strategy Amount Units, Amount Units, Amount, Units Rental Totals: Subtotals: $97,816.85 5 Additional Use of Funds Administrative Homeownership Counseling Admin From Program Income Admin From Disaster Funds 1 $9,869.101 1 $52.851 Total Revenue (Actual and/or Anticipated) for Local SHIP Trust Fund Source of Funds Amount State Annual Distribution $98,691.00 Program Income (Interest) $9,361.96 Program Income (Payments) $1,057.00 Recaptured Funds $.00 Disaster Funds Other Funds Carryover funds from previous year -$25,077.41 Total: $84,032.55 Form 2 Rental Unit Information * Carry Forward to Next Year: -$23,706.25 NOTE: This carry forward amount will only be accurate when all revenue amounts and all expended, encumbered and unencumbered amounts have been added to Form 1 Page 2 Page 291 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 ELI 440 471 565 699 864 VLI 732 784 941 1,086 1,212 LOW 1,171 1,255 1,506 1,740 1,941 MOD 1,758 1,882 2,259 2,608 2,910 Up to 140% 1 2,0511 2,196 2,6351 3,0431 3,395 Recap of Funding Sources for Units Produced ("Leveraging") Source of Funds `Praduced' through June 34th for Units Amount of Fund, Expended to hate % of Total Value SHIP Funds Expended $97,816.85 27.85% Public Moneys Expended $36,720.00 10.45% Private Funds Expended $208,587.00 59.38% Owner Contribution $8,146.48 2.320;/_01 Total Value of All Units $351,270.33 100.00% SHIP Program Compliance Summary - Home Ownership/Construction/Rehab Homeownership 1 $97,816.851 $73,613.59 132.88% 65% 1 Construction / Rehabilitation 1 $81,666.851 $73,613.591 110.94% 75% Program Compliance - Income Set -Asides Income Category SHIP Funds Total Available Funds%`' Extremely Low $32,150.00 38.26% Very Low $46,666.85 55.53% Low $.00 .00% Moderate $19,000.00 22.61% Over 120%-140% $.00 .00% Totals: $97,816.85 116.40% Project Funding for Expended Funds Only Page 3 Page 292 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Income Category Total Funds Mortgages,, Loans & DPL's Mortgages; Loam +& DPL, Unit #s Total Funds,, SHIP' Grants SHIP Grant Unit #s Total SHIP Funds Expended Total # Units' Extremely Low $32,150.00 2 5+ 0 $32,150.00 2 Very Low $46,666.85 2 Municipality 0 $46,666.85 2 Low 140% 0 Purchase Assistance 0 $.00 0 Moderate $19,000.00 1 1 0 $19,000.00 1 Over 120%-140% Boynton Beach 0 0 $.00 0 Totals: $97,816.85 5 $.00 0 $97,816.85 5 Form 3 Page 4 Page 293 of 453 List Unincorporated and Each and Each and Each 5+ Description Municipality over Municipality Strate0y Municipality ELI' VLI Low` Mod 140% Totai Purchase Assistance Boynton Beach 1 with Rehabilitation 1 owner occupied 1 with Rehabilitation 2 owner occupied Boynton Beach owner occupied Boynton Beach 2 1 1 3 rehab Disaster Assistance Boynton Beach 1 1 Disaster Assistance Boynton Beach 1 1 Page 4 Page 293 of 453 List'Unincorporated' and Each and Each 2.4 5+ Description Municipality pescri titin Municipality 0'- 25 26". 40 411-61 62+ Total( Purchase Assistance Boynton Beach 1 with Rehabilitation 1 1 with Rehabilitation owner occupied Boynton Beach 1 2 owner occupied Boynton Beach 3 3 rehab Boynton Beach 1 1 Disaster Assistance Boynton Beach 1 1 Page 4 Page 293 of 453 List Unincorporated and Each 1 2.4 5+ Description Municipality Person People People Total Purchase Assistance Boynton Beach 1 1 with Rehabilitation owner occupied Boynton Beach 1 2 3 rehab Disaster Assistance Boynton Beach 1 1 Page 4 Page 293 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Form 4 Status of Incentive Strategies Incentive Description (If Other) Category Status Year Adopted (or N/A) Expedited permitting Permits defined in Required Implemented, 1998 s.163.3177 (6) (f) (3) for in LHAP affoardable housing projects are expedited to a greater degree than other projects. Via email, our division notifies the Plan Review Division (Building Department) of upcoming affordable housing projects. The Plan Review staff makes an effort to process the permits within 3 to 5 days. Page 5 Page 294 of 453 List Unincorporated �� and Each Farm Home - and Each Description Hisp- Worker Amer - Elderly Total Description MuntcipalityWhite Black ani,c, Asian. Indian Other Total Purchase Assistance Boynton Beach 1 Boynton Beach 1 with Rehabilitation Disaster Assistance Boynton Beach owner occupied Boynton Beach 0 3 3 rehab Disaster Assistance Boynton Beach 1 1 Form 4 Status of Incentive Strategies Incentive Description (If Other) Category Status Year Adopted (or N/A) Expedited permitting Permits defined in Required Implemented, 1998 s.163.3177 (6) (f) (3) for in LHAP affoardable housing projects are expedited to a greater degree than other projects. Via email, our division notifies the Plan Review Division (Building Department) of upcoming affordable housing projects. The Plan Review staff makes an effort to process the permits within 3 to 5 days. Page 5 Page 294 of 453 List Unincorporated and Each Farm Home - Description Municipality Worker lass, Elderly Total Purchase Assistance Boynton Beach 0 with Rehabilitation owner occupied Boynton Beach 0 rehab Disaster Assistance Boynton Beach 0 Form 4 Status of Incentive Strategies Incentive Description (If Other) Category Status Year Adopted (or N/A) Expedited permitting Permits defined in Required Implemented, 1998 s.163.3177 (6) (f) (3) for in LHAP affoardable housing projects are expedited to a greater degree than other projects. Via email, our division notifies the Plan Review Division (Building Department) of upcoming affordable housing projects. The Plan Review staff makes an effort to process the permits within 3 to 5 days. Page 5 Page 294 of 453 Page 6 Page 295 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Ongoing review process An ongoing process for Required Adopted 1998 review of local policies, ordinances, regulations and plan provisions that increase the cost of housing prior to their adoption. Impact fee modifications There is currently no Required Adopted 1998 provision for waiving impact fees. However, the City of Boynton Beach has in the past funded the Infill Construction Program from the general fund. These funds subsidized the cost of new construction for affordable units by paying permit and impact fees for new construction for very low and low-income families building new affordable homes within the CDBG target area. Palm Beach County allows existing use credit for residential construction on vacant lots that had prior residential use. This credit applies to residential and road impact fees, and can yield savings for up to two thousand dollars per home. Participating builder of affordable housing will be encouraged to apply for this credit and pass it on to the homebuyer. The City Manager will be petitioned to waive payment of development application, plan check and permit fees for all eligible certified affordable housing projects. Flexible densities The allowance of zero Required Adopted 1998 lotline configurations for affordable housing. The existing minimum lot size requirements in the CDBG area is thought to be sufficient enough to accommodate the desired development of affordable housing. Page 6 Page 295 of 453 Page 7 Page 296 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Reservation of infrastructure A reservation mechanism is Required Adopted 1998 not necessary, as adequate capacity exists to serve any infill project initiated within CDBG target area. This assumption regarding roads, utilities and recreation is based on available acreage and density limits of the Future Land Use Map of the Comprehensive Plan. State concurrency laws require us to maintain adequate public facilities for everyone and to build new facilities once we reach 90% capacity. Reduction of parking and Current regulations require Required Adopted 1998 setbacks off street parking for two (2) vehicles. In an effort to maintain the value of property, while at the same time not causing any adverse effect on affordable housing, there shall not be modifications to current regulations governing this issue. Page 7 Page 296 of 453 Page 8 Page 297 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Modification of street Due to concerns for safety Required Adopted 1998 requirements and aesthetics, there will be no modifications to current regulations governing streets. In the older platted sections, waives of sidewalk requirements have been granted for developers on a case- bycase basis. These variances are usually granted in areas that are generally consistent within the surrounding localities. Consideration may be made in stances where costs involved will hinder producing affordable units. CDBG dollars will be expended on many streets within the target area to install sidewalks and curbing. Efforts to avoid the variance process with certification of those areas consistent with no sidewalks by the developer will be ongoing. The liaison from the Department of Development will expedite this certification process for affordable housing projects. Printed inventory of public The Community Required Adopted 1998 owned lands Improvement Division maintains maps of the current inventory of all vacant land including those properties owned by the City of Boynton Beach and Palm Beach County within the target area. The City funds land acquisition in an effort to acquire land for potential pre -qualified homebuyers. This effort has resulted in considerable cost saving in the production of affordable units. Page 8 Page 297 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Other The Department of Required Adopted 1998 Development has been responsible for processing and facilitating affordable housing projects. The Community Improvement Division and Plan Review staff will oversee the projects certified as "affordable" through the review process in an effort to make sure that they are processed with three to five (3-5) days. The Community Improvement Division will be the developer's point of contact for all questions concerning the review process. The Plan Review Administrator will be responsible for expediting the building permitting process for affoardable housing projects. The designated individual(s) will have successfully guided and given these types of projects top priority. Staff will continue to obtain training in affordable housing development. Other The establishment of a Required Adopted 1998 process, in which the City of Boynton Beach will considers, before the adoption of any new legislation cost that may increase production of housing. The Department of Development's various division, will review any and all policies, procedures, ordinances, regulations and plan provision to determine what effects if any, they may have on the cost of producing affordable units prior to passage. The City Manager will disperse all information concerning ordinances in sufficient time needed to evaluate and comment on any impact it may have on affordable housing. Page 9 Page 298 of 453 Allowance of flexible lot sizes Support Services Older residential areas of the City of Boynton Beach CDBG target area have several nonconforming lots that were unbuildable due to lot size and frontage requirements. In order to allow single-family residences to be built on these lots an ordinance was adopted that modified minimum lot area per unit, lot frontage, and building setbacks (front, interior side, corner side, and rear). Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Required Adopted 1998 The establishment of a process, in which the City of Boynton Beach will considers, before the adoption of any new legislation cost that may increase production of housing. The Department of Development's various division, will review any and all policies, procedures, ordinances, regulations and plan provision to determine what effects if any, they may have on the cost of producing affordable units prior to passage. The City Manager will disperse all information concerning ordinances in sufficient time needed to evaluate and comment on any impact it may have on affordable housing. Other Accomplishments N/A Availability for Public Inspection and Comments The Annual Report was made available through Public Notice on September 08,2021 on the city's website. Life -to -Date Homeownership Default and Foreclosure Total SHIP Purchase Assistance Loans: 240 Mortgage Foreclosures A. Very low income households in foreclosure: 0 B. Low income households in foreclosure: 1 C. Moderate households in foreclosure: 0 Foreclosed Loans Life -to -date: 1 SHIP Program Foreclosure Percentage Rate Life to Date: 0.42 Mortgage Defaults A. Very low income households in default: 0 B. Low income households in default: 1 C. Moderate households in default: 0 Defaulted Loans Life -to -date: 1 SHIP Program Default Percentage Rate Life to Date: 0.42 Page 10 Page 299 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Strategies and Production Costs Strategy Average Coat Disaster Assistance $4,881.85 owner occupied rehab $24,645.00 Purchase Assistance with Rehabilitation $19,000.00 Expended Funds Total Unit Count: 5 Total Expended Amount: $97,816.85 Strategy Full Name Address City Zip Expended FY if Unit City of Boynton Beach Government All Cade Funds Already Counted Purchase Taralyn Pratt 3201 Orange Street Boynton Beach 33435 $19,000.00 Assistance with Rehabilitation owner occupied Mildred Rich 2031 N Seacrest Boynton Beach 33435 $16,150.00 rehab Blvd owner occupied Lillian Adams 1501 NW 1 St Boynton Beach 33435 $16,000.00 rehab owner occupied Loretha & 513 NW 9th Avenue Boynton Beach 33435 $41,785.00 rehab Leverne Gass Disaster Eric Van 4218 Royal Manor Boynton Beach 33435 $4,881.85 Assistance Gelder Blvd Administration by Entity Ndrn6' Business Type Strategy Covered Responsibility Amount City of Boynton Beach Government All 100% $9,921.95 Program Income Program income Funds Loan Repayment: $1,057.00 Refinance: Foreclosure: Sale of Property: Interest Earned: $9,361.96 Total: $10,418.96 Number of Affordable Housing Applications Submitted Approved Denied Page 11 Page 300 of 453 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Explanation of Recaptured funds N/A Total: $.00 Rental Developments Single Family Area Purchase Price The average area purchase price of single family units: I 219,000.00 Or Not Applicable Form 5 Special Needs Breakdown SHIP Expended and Encumbered for Special Needs Applicants Code(s) Strategies Expended Amount Units Encumbered Amount Units 3 owner occupied rehab $32,150.00 2 Units Amount Units Special Needs Category Breakdown by Strategy Provide a description of efforts to reduce homelessness: The establishment of a process, in which the City of Boynton Beach will considers, before the adoption of any new legislation cost that may increase production of housing. The Department of Development's various division, will review any and all policies, procedures, ordinances, regulations and plan provision to determine what effects if any, they may have on the cost of producing affordable units prior to passage. The City Manager will disperse all information concerning ordinances in sufficient time needed to evaluate and comment on any impact it may have on affordable housing. Interim Year Data Page 12 Page 301 of 453 Expedd6d I Encumbered Strategies Special Needs Category Amount Units Amount Units (3) owner occupied rehab Receiving Supplemental $32,150.00 2 Security Income Provide a description of efforts to reduce homelessness: The establishment of a process, in which the City of Boynton Beach will considers, before the adoption of any new legislation cost that may increase production of housing. The Department of Development's various division, will review any and all policies, procedures, ordinances, regulations and plan provision to determine what effects if any, they may have on the cost of producing affordable units prior to passage. The City Manager will disperse all information concerning ordinances in sufficient time needed to evaluate and comment on any impact it may have on affordable housing. Interim Year Data Page 12 Page 301 of 453 Interim Year Data Interim Year 1 State Annual Distribution $132,003.00 Program Income $90,552.56 Program Funds Expended Program Funds Encumbered $155,100.00 Total Administration Funds Expended Total Administration Funds Encumbered Homeownership Counseling Disaster Funds 65% Homeownership Requirement $155,100.00 75% Construction / Rehabilitation $155,100.00 30% Very & Extremely Low Income Requirement $105,100.00 30% Low Income Requirement $50,000.00 20% Special Needs Requirement Carry Forward to Next Year IState Annual Distribution jProgram Funds Expended (Program Funds Encumbered Page 13 Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 117.50% 117.50% 47.22% 22.47% 0.00% Page 302 of 453 LG Submitted Comments: Form SHIP AR/2009 67-38.008 (5), F.A.C. Effective Date: 5/23/2017 Page 14 Page 303 of 453 State HmmS[mLYUmitiltiVeS Paxtnens�hiio MHU�11 Droemanm 0nBehalf of City of Boynton 8'oc6(Local Government),|hereby certify that: 1. The Annual Report information submitted electronically to Florida Housing Finance Corporation is true and accurate for the closeout year and interim years Z. The local housing incentives or local housing incentive plan have been implemented or are in the process ofbeing implemented, Including, ata minimum: a. Permits asdefined insl63.3l64(l5)and (I6)for affordable housing projects are expedited toagreater degree than other projects; and b. There is an ongoing process for review of local policies, ordinances, regulations, and plan provisions that increase the cost ofhousing prior totheir adoption. 3. The umulative cost per newly constructed housing per housing unit, from these actions is estimated to The cumulative cost per rehabilitated housing per housing unit, from these actions is estimated to be Staff Member responsible for submitting annual report to FHFC: michael Rumpf, Planning &Zoning Administrator VVi� nessSigna� upe DaI,e VViness PrinVad Name VVitnesy Si�",natue Date VViness Printed Name or M [h�efE|ectedO(hcb|oi, Ite Mayor Steven u.Grant [hief E|ecied Of� 1cio| onue Printed Nama ATTEST(Seal) 4Z0.9075(10) Eachcouo�yn/dgiNemunk1paUJy,haUsubmuI,o�hcco/powI'loobySeptcm1 15o� eachyr, /a/epo/tof i,saMo/Ua'fl ehousl 1 p,oX/amsaoUarcomp|bhmcn,h/ooJh|uoc3Oimm�diatr|ypi, ncedm8suhmI[Aa Iof,hempo1 t rhc ^epo,Isha|Iherdaccu/aandcomp |e�ebyhr|oca|#ovemwiaiit'sdhiefe|ectedvfficia|o,hisorhmi- designee T/ansmi��a|oflhrannua|,cyoI'�hyacoun�y",n,digib|cchicfclrcndo|hc/m|'o,hisn,hn,drsigore'crltihc, thot,he local housing incen�ve�,a�e�|as^ nr. 0app|lcal,'Ae, he loca| housmCincenhv� p|an, hawa bean imp|emenIed or an" m thepmcess(if bcioCimplementcd punuant1o11hcadopted schedu|e for'mp�ementadnn Page 304 of 453 6. M. Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-129 - Approve the Memorandum of Understanding (MOU) between the IAFF Local 1891 Boynton Beach Firefighters and the City regarding Covid-19 policies and practices. Explanation of Request: The IAFF Union requested impact bargaining regarding the City's policies and practices related to Covid-19. On September 10, 2021, the Union and the City met for bargaining and reached agreement on items including mask requirements, vaccine incentive, and leave and pay for exposures/infections as detailed in the attached MOU. The City and Union agreed to simultaneously submit this MOU for ratification by the Union and by the Commission. How will this affect city programs or services? Fiscal Impact: The items with a fiscal impact include: Item #2 -Vaccine Incentive. Estimated cost (use of ARPA funds) $67,500. Item #4 - Reinstatement of leave time for fully vaccinated employees who experience a "breakthrough" Covid- 19 infection on or after ratification of MOU. Alternatives: Failure to approve any or all of the provisions of this MOU will result in the City and Union returning to bargaining. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 305 of 453 Ty pe Resolution Description 1=Resolk.1tion appirom ing IMOL) Willi 1AFF iregaicrdirng CC)VI I..) policies and Fliracticies I A IF F II M 0 Ul Covid 19 IC=lolliclies and IFliractices Page 306 of 453 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 RESOLUTION R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE IAFF LOCAL 1891 BOYNTON BEACH FIREFIGHTERS AND THE CITY REGARDING COVID-19 POLICIES AND PRACTICES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The IAFF Union requested impact bargaining regarding the City's policies and practices related to Covid-19; and WHEREAS, On September 10, 2021, the Union and the City met for bargaining and reached agreement on items including mask requirements, vaccine incentive, and leave and pay for exposures/infections as detailed in the attached MOU; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to approve and authorize the City Manager to sign the Memorandum of Understanding (MOU) between the IAFF Local 1891 Boynton Beach Firefighters and the City regarding Covid-19 policies and practices. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to sign the Memorandum of Understanding (MOU) between the IAFF Local 1891 Boynton Beach Firefighters and the City regarding Covid-19 policies and practices, a copy of said Memorandum of Understanding being attached hereto as Exhibit "A". S:ACA\RESO\Agreements\CBA Ratifications\IAFF MOU COVID Policies - Reso.docx Page 307 of 453 30 Section 3. This Resolution will become effective immediately upon passage. 31 PASSED AND ADOPTED this 21st day of September, 2021. 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 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\Agreements\CBA Ratifications\IAFF MOU COVID Policies - Reso.docx VOTE YES NO Page 308 of 453 MEMORANDUM OF UNDERSTANDING by and between BOYNTON BEACH ASSOCIATION OF FIREFIGHTERS, LOCAL 1891, IAFF and the CITY OF BOYNTON BEACH WHEREAS, the Boynton Beach Association of Firefighters, Local 1891, IAFF (Union) and the City of Boynton Beach (City) engaged in impact bargaining on Friday, September 10, 2021 regarding City policies and practices related to Covid-19. IT IS THEREFORE AGREED by and between the Union and the City as follows: 1. The Union agrees to comply with any City mask (facial covering) requirements that exist today and as may be modified in the future. 2. The City will provide a one-time incentive payment of five hundred dollars ($500.00) in the payroll check dated December 10, 2021 for members who provide appropriate documentation to the Human Resources and Risk Management Department verifying they are fully vaccinated from Covid-19 on or by Monday, November 15, 2021. "Fully vaccinated" means on the 15th calendar day following a single dose of Janssen (Johnson & Johnson) vaccine or on the 15th day following the second dose of either the Pfizer or the Moderna vaccine. 3. The City will present to the City Commission the Union's proposed request for the use of American Rescue Plan Act (ARPA) funds to provide premium pay to firefighters. The Union understands that there are cer- tain provisions for the eligibility and use of the funds that the City Commission will need to consider in conjunction with the request. 4. The City will amend its Covid-19 leave and pay policies as follows: a. Effective upon ratification of this MOU, fully vaccinated members who experience a "break- through" Covid-19 infection will have their leave time taken for recovery reinstated provided that: i. The member immediately notifies the Human Resources and Risk Management Depart- ment of an exposure, upon experiencing symptoms of Covid-19 as detailed in the City's Self -Screening Protocol, and upon any positive Covid-19 test result; and ii. The member's vaccination card is on file with the Human Resources and Risk Manage- ment Department; and iii. For an active infection: The member immediately provides a positive PCR test result to the Human Resources and Risk Management Department, or iv. Folwlowin an ex osure: The member takes a PCR test three (3) to five (5) calendar days following the date of exposure, and the member immediately provides their positive PCR test result to Human Resources and Risk Management Department. Effective upon ratification of this MOU, members who experience side effects immediately fol- lowing receiving a Covid-19 vaccine (typical onset is generally 12-18 hours following vaccination and typical duration of side effects is generally 12-18 hours) are allowed to use "scheduled" sick time (no penalty for use) for up to one full shift within two (2) calendar days of receiving the vaccine. i. In order to be authorized for use of the scheduled sick leave code, member must follow the Department's call in process and also immediately notify the Human Resources and Risk Management Department of their absence for this reason by emailing FMLA@bbfl.us. Page 309 of 453 5. The City will authorize qualified members to administer Covid-19 vaccines to City employees as scheduled by the Fire Chief and approved by the City Manager. 6. The Union agrees that the City will rely on information from the Centers for Disease Control and Preven- tion (CDC) to inform its Covid-19 policies and practices with regard to quarantine, isolation, return to work, etc. and acknowledges that the City timely updates its protocols as new or modified information from the CDC becomes available. 7. The Union supports vaccination for its members and will promptly bargain mandatory vaccination at the request of the City. 8. Upon request of either party, the Union and the City agree to bargain these provisions after ninety (90) days following ratification. The Union and the City agree that, for and in consideration of the conditions stated herein, the terms and suffi- ciency of which are hereby agreed to and acknowledged by the Union and the City: City of Boynton Beach IAFF Local 1891 Union /511 1 Lori LaVerrre, City Manager Date Georgio Salame, Union President Date Page 310 of 453 6. N. Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-130 - Approve the Memorandum of Understanding (MOU) between the City and the PBA Police Officers and Detectives and the Police Sergeants bargaining units regarding Covid-19 policies and practices. Explanation of Request: The PBA bargaining units requested impact bargaining regarding the City's policies and practices related to Covid-19. On September 16, 2021, the Union and the City met for bargaining and reached agreement on items including mask requirements, travel for training, vaccine incentive, and leave and pay for exposures/infections as detailed in the attached MOU. The City and Union agreed to simultaneously submit this MOU for ratification by the Union and the Commission. How will this affect city programs or services? Fiscal Impact: The items with a fiscal impact include: Item #2 -Vaccine Incentive. Maximum cost (use of ARPA funds) $75,000. Item #4 - Reinstatement of leave time for fully vaccinated employees who experience a "breakthrough" Covid- 19 infection on or after ratification of MOU. Alternatives: Failure to approve any or all of the provisions of this MOU will result in the City and Union returning to bargaining. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 311 of 453 Ty pe Resolution Addemnd,.jirn Description Resolution �MOU Police Officeirs & l..)e1(:,,ctives MOU Flollice Sergearils Page 312 of 453 1 RESOLUTION R21- 130 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN THE 5 MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE PBA 6 POLICE OFFICERS AND DETECTIVES AND THE POLICE SERGEANTS 7 AND THE CITY OF BOYNTON BEACH REGARDING COVID-19 POLICIES 8 AND PRACTICES; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, The PBA bargaining units requested impact bargaining regarding the 11 City's policies and practices related to Covid-19; and 12 WHEREAS, On September 16, 2021, the Union and the City met for bargaining and 13 reached agreement on items including mask requirements, travel for training, vaccine 14 incentive, and leave and pay for exposures/infections as detailed in the attached MOU; and 15 WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the 16 best interests of the residents and citizens of the City to approve and authorize the City 17 Manager to sign the Memorandums of Understanding (MOU) between the PBA Police 18 Officers and Detectives, the PBA Sergeants and the City regarding Covid-19 policies and 19 practices. 20 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 21 OF BOYNTON BEACH, FLORIDA, THAT: 22 Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby 23 ratified and confirmed by the City Commission. 24 Section 2. The City Commission of the City of Boynton Beach, Florida does 25 hereby approve and authorize the City Manager to sign the Memorandums of 26 Understanding (MOU) between the PBA Police Officers and Detectives, the PBA Sergeants 27 and the City of Boynton Beach regarding Covid-19 policies and practices, copies of said S:ACA\RESO\Agreements\CBA Ratifications\PBA MOU COVID Policies - Reso.docx Page 313 of 453 28 Memorandums of Understanding being attached hereto as Exhibits "A" and "B". 29 Section 3. This Resolution will become effective immediately upon passage. 30 PASSED AND ADOPTED this 21 st day of September, 2021. 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 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\Agreements\CBA Ratifications\PBA MOU COVID Policies - Reso.docx VOTE YES NO Page 314 of 453 MEMORANDUM OF UNDERSTANDING by and between PBA POLICE OFFICERS & DETECTIVES and the CITY OF BOYNTON BEACH WHEREAS, the PBA Police Officers and Detectives (Union) and the City of Boynton Beach (City) engaged in impact bargaining on Thursday, September 16, 2021 regarding City policies and practices related to Covid-19. IT IS THEREFORE AGREED by and between the Union and the City as follows: 1. The Union agrees to comply with City mask (facial covering) requirements. 2. The City will provide a one-time incentive payment of two hundred fifty dollars ($250.00) in the payroll check dated December 10, 2021 for members who provide appropriate documentation to the Human Resources and Risk Management Department verifying they are fully vaccinated from Covid-19 on or by Monday, November 15, 2021. "Fully vaccinated" means on the 151h calendar day following a single dose of Janssen (Johnson & Johnson) vaccine or on the 15th day following the second dose of either the Pfizer or the Moderna vaccine. a. The City will provide to each fully vaccinated member an additional one-time incentive payment of two hundred fifty dollars ($250.00) in the payroll check dated December 10, 2021 if at least seventy percent (70%) of the combined membership provided appropriate documentation to the Human Resources and Risk Management Department verifying they are fully vaccinated from Covid-19 on or by Monday, November 15, 2021. 3. The City will amend its Covid-19 business travel provisions to include permitting members who have fully recovered from a Covid-19 infection within the past ninety (90) days, to travel for business within ninety (90) days of testing positive for Covid-19. In order to be permitted for business travel under this provision, the following must occur: a. Member must have submitted a copy of his/her positive test result to the Human Resources and Risk Management Department immediately following receipt of test result and not retroactively at time of request for training. 4. The City will amend, retroactively to August 5, 2021, its Covid-19 leave and pay policies as follows: a. Fully vaccinated members and members who have recovered from a Covid-19 infection within the past ninety (90) days, who experience a "breakthrough" Covid-19 infection will have their leave time taken for recovery reinstated provided that: L The member immediately notifies the Human Resources and Risk Management Department of a known exposure, upon experiencing symptoms of Covid-19 as detailed in the City's Self -Screening Protocol, and upon any positive Covid-19 test result; and ii. The member's vaccination card is on file with the Human Resources and Risk Management Department and/or the member's copy of his or her positive Covid-19 test result within the past ninety (90) days is on file with the Human Resources and Risk Management Department; and iii. aFor „an active „infection: The member immediately provides a positive PCR test result to the Human Resources and Risk Management Department, or b. Followin a,n exosu,re,: The member takes a PCR test three (3) to five (5) calendar days following the date of exposure, and the member immediately provides their positive PCR test result to Human Resources and Risk Management Department. Page 315 of 453 iv. Members who are not fully vaccinated but have recovered from a Covid-19 infection within the past ninety.(90) days and experience a "breakthrough" Covid-19 infection are eligible for the aforementioned reinstatement of time provisions for one time only. Fully vaccinated members are eligible for the aforementioned reinstatement of time for repeat "breakthrough" infections. 5. Pursuant to current published CDC guidance, members who are either fully vaccinated or recovered from Covid-19 within the past ninety (90) days are not required to quarantine following an exposure, unless experiencing symptoms or testing positive for a Covid-19 infection. In the event the CDC guidance is updated to recommend quarantine for recently infected persons, the City and the Union agree to abide the CDC guidance, following a fourteen (14) day period to bargain those changes during which the status quo will be maintained. 6. The Union agrees that the City will rely on information from the Centers for Disease Control and Prevention (CDC) [and OSHA if applicable] to inform its Covid-19 policies and practices with regard to quarantine, isolation, return to work, etc. 7. Unless otherwise specifically stated, the provisions of this MOU are not retroactive and become effective upon ratification by the City Commission while PBA ratification is pending. PBA ratification must occur no later than October 17, 2021. 8. Upon request of either party, the Union and the City agree to bargain these provisions after ninety (90) days following ratification, and the Parties will maintain the status quo during those negotiations. The Union and the City agree that, for and in consideration of the conditions stated herein, the terms and sufficiency of which are hereby agreed to and acknowledged by the Union and the City: City of Boynton Beach PBA Police Officers & Detectives .......................... --........... Lori LaVerriere, City Manager Date Katie Mendoza, PBA Legal Counsel Date Approved as to Form. Palm Beach County Police Benevolent Date Association, Inc. Name: John Kazanjian Title: President Page 316 of 453 MEMORANDUM OF UNDERSTANDING by and between PBA POLICE SERGEANTS and the CITY OF BOYNTON BEACH WHEREAS, the PBA Police Sergeants (Union) and the City of Boynton Beach (City) engaged in impact bargaining on Thursday, September 16, 2021 regarding City policies and practices related to Covid-19. IT IS THEREFORE AGREED by and between the Union and the City as follows: 1. The Union agrees to comply with City mask (facial covering) requirements. 2. The City will provide a one-time incentive payment of two hundred fifty dollars ($250.00) in the payroll check dated December 10, 2021 for members who provide appropriate documentation to the Human Resources and Risk Management Department verifying they are fully vaccinated from Covid-19 on or by Monday, November 15, 2021. "Fully vaccinated" means on the 15th calendar day following a single dose of Janssen (Johnson & Johnson) vaccine or on the 15th day following the second dose of either the Pfizer or the Moderna vaccine. a. The City will provide to each fully vaccinated member an additional one-time incentive payment of two hundred fifty dollars ($250.00) in the payroll check dated December 10, 2021 if at least seventy percent (70%) of the combined membership provided appropriate documentation to the Human Resources and Risk Management Department verifying they are fully vaccinated from Covid-19 on or by Monday, November 15, 2021. 3. The City will amend its Covid-19 business travel provisions to include permitting members who have fully recovered from a Covid-19 infection within the past ninety (90) days, to travel for business within ninety (90) days of testing positive for Covid-19. In order to be permitted for business travel under this provision, the following must occur: a. Member must have submitted a copy of his/her positive test result to the Human Resources and Risk Management Department immediately following receipt of test result and not retroactively at time of request for training. 4. The City will amend, retroactively to August 5, 2021, its Covid-19 leave and pay policies as follows: a. Fully vaccinated members and members who have recovered from a Covid-19 infection within the past ninety (90) days, who experience a "breakthrough" Covid-19 infection will have their leave time taken for recovery reinstated provided that: L The member immediately notifies the Human Resources and Risk Management Depart- ment of a known exposure, upon experiencing symptoms of Covid-19 as detailed in the City's Self -Screening Protocol, and upon any positive Covid-19 test result; and ii. The member's vaccination card is on file with the Human Resources and Risk Manage- ment Department and/or the member's copy of his or her positive Covid-19 test result within the past ninety (90) days is on file with the Human Resources and Risk Manage- ment Department; and iii. a. For an active infection: The member immediately provides a positive PCR test result to the Human Resources and Risk Management Department, or b. Following„an ,exposure: The member takes a PCR test three (3) to five (5) calendar days following the date of exposure, and the member immediately provides their positive PCR test result to Human Resources and Risk Management Department. Page 317 of 453 iv. Members who are not fully vaccinated but have recovered from a Covid-19 infection within the past ninety (90) days and experience a "breakthrough" Covid-19 infection are eligible for the aforementioned reinstatement of time provisions for one time only. Fully vaccinated members are eligible for the aforementioned reinstatement of time for repeat "breakthrough" infections. 5. Pursuant to current published CDC guidance, members who are either fully vaccinated or recovered from Covid-19 within the past ninety (90) days are not required to quarantine following an exposure, unless experiencing symptoms or testing positive for a Covid-19 infection. In the event the CDC guidance is up- dated to recommend quarantine for recently infected persons, the City and the Union agree to abide the CDC guidance, following a fourteen (14) day period to bargain those changes during which the status quo will be maintained. 6. The Union agrees that the City will rely on information from the Centers for Disease Control and Preven- tion (CDC) [and OSHA if applicable] to inform its Covid-19 policies and practices with regard to quarantine, isolation, return to work, etc. 7. Unless otherwise specifically stated, the provisions of this MOU are not retroactive and become effective upon ratification by the City Commission while PBA ratification is pending. PBA ratification must occur no later than October 17, 2021. 8. Upon request of either party, the Union and the City agree to bargain these provisions after ninety (90) days following ratification, and the Parties will maintain the status quo during those negotiations. The Union and the City agree that, for and in consideration of the conditions stated herein, the terms and suffi- ciency of which are hereby agreed to and acknowledged by the Union and the City: City of Boynton Beach PBA Police Sergeants L�� ._............... ..........._...._...�...�..�.�M..._...._........�www .w......_� -�� Lori LaVerriere, City Manager Date Katie Mendoza, PBA Legal Counsel Date Approved as to Form and Sufficiency Palm Beach County Police Benevolent Date Association, Inc. Name: John Kazanjian Title: President Page 318 of 453 Consent Agenda 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-131 - Authorize the use of American Rescue Plan Act of 2021 funds (ARPA) up to $75,000 and authorize the City Manager to sign an agreement with Pathways to Prosperity to administer Palm Beach County's Application Process of Emergency Rental, Utility, and Relocation Assistance to the residents of Boynton Beach experiencing loss of income due to COVI D-19. Explanation of Request: Palm Beach County was awarded $45.2 million dollars of U.S. Treasury Emergency Rental, Utility, and Relocation Assistance (ERA) funding to assist tenants with financial hardships effected directly or indirectly by COVI D-19. Pathways to Prosperity has partnered with Palm Beach County to provide administration and application intake of residents Countywide for rental and utility assistance. Palm Beach County's program has already been funded applications for 46 Boynton Beach residents. The City would like to engage Pathways to Prosperity, a non-profit organization, to further assist residents of the City of Boynton Beach with Palm Beach County's application process for emergency rental and utility assistance. Under the City's APM Policy a non-profit agency is exempt from procurement bidding requirements. How will this affect city programs or services? Provide opportunity for the community to receive assistance towards rental and utility payments. Fiscal Impact: Use of ARPA Funds Alternatives: Not partner with Pathways to Prosperity and not facilitate rental and utility assistance to residents of Boynton Beach. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Yes Grant Amount: Page 319 of 453 Contracts Vendor Name: Pathways to Prosperity Start Date: 9/22/2021 End Date: 12/31/2021 Contract Value: 100,000.00 Minority Owned Contractor?: Extension Available?: Yes Extension Explanation: Government funding availability Attachments: Type D Resolution D Arldendu irn Description Resolution for IPZli.::p Agireeirnent Agreement with IF -12P Page 320 of 453 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, AUTHORIZING THE USE OF AMERICAN RESCUE PLAN ACT OF 2021 FUNDS (ARPA) UP TO $75,000 AND AUTHORIZE THE CITY MANAGER TO SIGN AN AGREEMENT WITH PATHWAYS TO PROSPERITY TO ADMINISTER EMERGENCY RENTAL, UTILITY, AND RELOCATION ASSISTANCE TO THE RESIDENTS OF BOYNTON BEACH EXPERIENCING LOSS OF INCOME DUE TO COVID-19; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Palm Beach County was awarded $45.2 million dollars of U.S. Treasury Emergency Rental, Utility, and Relocation Assistance (ERA) funding to assist tenants with financial hardships effected directly or indirectly by COVID-19; and WHEREAS, Pathways to Prosperity has partnered with Palm Beach County to provide administration and application intake of residents Countywide for rental and utility assistance; 17 and 18 19 20 21 22 23 24 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to authorize the use of American Rescue Plan Act of 2021 funds (ARPA) up to $75,000 and authorize the City Manager to sign an agreement with Pathways to Prosperity to administer Emergency Rental, Utility, and Relocation Assistance to the residents of Boynton Beach experiencing loss of income due to COVID-19. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 29 approves and authorizes the use of American Rescue Plan Act of 2021 funds (ARPA) up to S:ACA\RESO\Agreements\Pathways to Prosperity Agreement (ARPA) - Reso.docx -1- Page 321 of 453 30 $75,000 and authorize the City Manager to sign an Agreement with Pathways to Prosperity to 31 administer Emergency Rental, Utility, and Relocation Assistance to the residents of Boynton 32 Beach experiencing loss of income due to COVID-19. A copy of the Agreement is attached 33 hereto and incorporated herein as Exhibit "A". 34 Section 3. That this Resolution shall become effective immediately. 35 PASSED AND ADOPTED this 21st day of September, 2021. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 39 40 41 42 43 44 45 46 47 48 49 50 ATTEST: 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 57 (Corporate Seal) Mayor — Steven B. Grant Vice Mayor —Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga S:ACA\RESO\Agreements\Pathways to Prosperity Agreement (ARPA) - Reso.docx -2- VOTE YES NO Page 322 of 453 Vo N PROFESSIONAL SERVICES AGREEMENT FOR EMERGENCY RENTAL, UTILITY, AND RELOCATION ASSISTANCE PROGRAM THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY', and Pathways to Prosperity, Inc. a non-profit organization authorized to do business in the State of Florida, with a business address of 639 East Ocean Avenue, Suite 101, Boynton Beach, FL 33435, hereinafter referred to as "AGENCY'. In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. WHEREAS, the CITY received American Rescue Plan (ARP) funding, and WHEREAS, on January 21, 2021, Palm Beach County received funding to implement U.S. Treasury Emergency Rental, Utility, and Relocation Assistance Program (ERA); and WHEREAS, the CITY will engage a non-profit organization to assist with the application process for emergency rental, utility, and relocation assistance from Palm Beach County for the City of Boynton Beach households experiencing loss of income due to COVID-19; and WHEREAS, the AGENCY has agreed to assure that individuals referred from City departments, divisions, and/or programs will receive services on a timely basis; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 -SERVICES 1.1 AGENCY hereby agrees to perform the services for the Emergency Rental, Utility, and Relocation Assistance Program, as more particularly described in the scope of work, attached hereto as Exhibit "A" and by this reference made a part hereof. 1.2 AGENCY shall furnish all services, labor, equipment, and materials necessary and as may be required in the performance of this Agreement, except as otherwise specifically provided for herein, and all work performed under this Agreement shall be done in a professional manner. 1.3 AGENCY assumes professional and technical responsibility for the performance of its services to be provided hereunder in accordance with recognized professional and ethical guidelines established by its profession. If within one year following completion of its services, such services fail to meet the aforesaid standards, and the CITY promptly advises AGENCY thereof in writing, AGENCY agrees to re -perform such deficient services without charge to the CITY. 1.4 The relationship between CITY and AGENCY created hereunder and the services to be provided by AGENCY pursuant to this Agreement are non-exclusive. CITY shall be free to pursue and engage similar relationships with other contractors to perform the same or similar services performed by AGENCY hereunder, so long as no other AGENCY shall be engaged to perform the specific project(s) assigned to AGENCY while AGENCY is so engaged without first terminating such assignment. AGENCY shall be free to pursue relationships with other parties to perform the same or similar services, whether or not such relationships are for services to be performed within the CITY, so long as no such relationship shall result in a conflict of interest, ethical or otherwise, with the CITY's interests in the services provided by AGENCY hereunder. 1.5 AGENCY shall not utilize the services of any sub -AGENCY without the prior written approval of CITY. 1.6 The CITY's Representative during the performance of this Agreement shall be John Durgan, Economic Development Manager, 561-742-6014. 1.7 The AGENCY'S Representative during the performance of the Agreement shall be Kemberly Bush, CEO & Executive Director, 561-903-7743. ARTICLE 2 - TERM 2.1 The AGENCY shall commence services after September 22, 2021, and complete services when all program funding as been expended. 2.2 The parties shall amend the Agreement if there is a change to the scope of work, funding, and/or federal, state, and local laws or policies affecting this Agreement. 2.3 Monthly billing, reports, and other items shall be delivered or completed in accordance with the detailed schedule set forth in the scope of work Exhibit "A" and the AGENCIES PROGRAMMATIC REQUIREMENTS. 2.4 The total amount to be paid by the CITY under this Agreement for all services and materials should not exceed a total amount of SEVENTY FIVE THOUSAND DOLLARS AND ZERO CENTS ($75,000.00). ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Agreement shall commence upon the giving of notice by the CITY to the AGENCY by way of a purchase order. AGENCY shall perform all services and provide all work products required pursuant to this Agreement within the time period set forth herein unless otherwise agreed to in the purchase order. ARTICLE 4 - PAYMENT 4.1 The AGENCY shall be paid by the CITY for completed work and for services rendered under this agreement as follows: A. Payment for the work provided by the AGENCY shall be made promptly on all invoices submitted to the CITY properly and in accordance with the scope of work Exhibit "A". B. The AGENCY may submit invoices to the CITY during the progress of the contract term. Invoices shall include information such as the date(s) of service, type of service(s) performed, length of time spent, the level/status of the employee performing the task if relevant, all applicable fees and costs, an adequate description for all fees and costs, and any other information reasonably required by CITY. Such invoices will be reviewed by the CITY, and upon approval thereof, payment will be made to the AGENCY in the amount approved. 2 C. Final payment of any balance due to the AGENCY of the total price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. D. The payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. E. The Professional's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the CITY and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. F. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to AGENCY, all documents, drawings, specifications, and other materials produced by the AGENCY in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. Notwithstanding the foregoing, the AGENCY shall maintain the rights to reuse standard details and other design copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with AGENCY's endeavors. Any use of the documents for purposes other than as originally intended by this Agreement, without the written consent of AGENCY, shall be at the CITY's sole risk and without liability to AGENCY and AGENCY'S sub -AGENCIES. ARTICLE 6 - FUNDING 6.1 This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 AGENCY represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. AGENCY's services shall meet a standard of care for [service description]. In submitting its response to the RFP, AGENCY has represented to CITY that certain individuals employed by AGENCY shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, AGENCY shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 AGENCY shall, in performing the services contemplated by this Service Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances, and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION 9.1 The AGENCY shall indemnify and hold harmless the CITY, its officers, employees, agents, and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents, or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the AGENCY, its employees, agents, partners, principals or subcontractors. The AGENCY shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. 9.2 The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. 9.3 Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Agreement, AGENCY shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. AGENCY shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: A. Worker's Compensation Insurance: The AGENCY shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub -AGENCY that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. B. Comprehensive General Liability: The AGENCY shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent AGENCYs, Products -Completed Operations, and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. AGENCY 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. C. Business Automobile Liability: The AGENCY shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The AGENCY shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the AGENCY 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 AGENCY or by anyone directly or indirectly employed by the AGENCY. D. Professional Liability (Errors and Omissions) Insurance: The AGENCY shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. E. Umbrella/Excess Liability Insurance in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability, and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. 10.2 AGENCY shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. 10.3 The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees, or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. 10.4 The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. ARTICLE 11 - INDEPENDENT AGENCY 11.1 AGENCY is an independent AGENCY with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither AGENCY nor any employee of AGENCY shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to AGENCY, or any employee of AGENCY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The AGENCY warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the AGENCY, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the AGENCY, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement by the AGENCY shall act as the execution of a truth -in - negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the AGENCY's most favored customer for the same or substantially similar service. 13.2 The said rates and costs 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 agencies. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED 14.1 The AGENCY, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT 15.1 The AGENCY shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON -WAIVER 16.1 A waiver by either CITY or AGENCY of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 17 — TERMINATION 17.1 Termination for Convenience: This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the AGENCY shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the AGENCY abandons the Agreement or causes it to be terminated, the AGENCY shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Cause: In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should AGENCY neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by AGENCY of written notice of such neglect or failure. ARTICLE 18 - DISPUTES 18.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 18.2 Correction of Work. If in the judgment of CITY, work provided by AGENCY does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that AGENCY correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 18.3 Remedies in Default. In case of default by AGENCY, CITY shall notify AGENCY, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct AGENCY to comply with all provisions of the Agreement. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify AGENCY of such declaration of default and terminate the Agreement. A. Upon such declaration of default, all payments remaining due AGENCY at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to AGENCY. B. CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to AGENCY together with the costs incident thereto to such default. C. In the event CITY completes the Agreement at a lesser cost than would have been payable to AGENCY under this Agreement, if the same had been fulfilled by AGENCY, CITY shall retain such differences. Should such cost to CITY be greater, AGENCY shall pay the amount of such excess to the CITY. D. Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by AGENCY fails to meet reasonable standards of the trade after CITY gives written notice to the AGENCY of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by AGENCY of such notice from CITY. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor AGENCY shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to pandemic, epidemic, acts of God, fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from the performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing the continued performance of the obligations of this Agreement. ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn: Lori LaVerriere, City Manager 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to AGENCY shall be sent to the following address: Pathways to Prosperity 639 E. Ocean Avenue Boynton Beach, FL 33435 Attn: Kemberl Bush Phone: 561-903-7743 ARTICLE 21 - INTEGRATED AGREEMENT 21.1 This Agreement, together with the scope of work, represents the entire and integrated agreement between the CITY and the AGENCY and supersedes all prior negotiations, representations, or agreements written or oral. This Agreement may be amended only by written instrument signed by both CITY and AGENCY. ARTICLE 22 - MISCELLANEOUS 22.1 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 22.2 It shall be the AGENCY's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 22.3 This Agreement represents the entire and integrated agreement between CITY and AGENCY and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the AGENCY's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 22.4 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. ARTICLE 23 — PUBLIC RECORDS 23.1 Sealed documents received by the CITY in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the CITY announces intent to award sooner, in accordance with Section 119.07, Florida Statutes. 23.2 The CITY is a public agency subject to Chapter 119, Florida Statutes. The AGENCY shall comply with Florida's Public Records Law. Specifically, the AGENCY 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, AGENCY shall maintain in a secured manner all copies of such confidential and exempt records remaining in its possession once the AGENCY transfers the records in its possession to the CITY; and D. Upon completion of the contract, AGENCY shall transfer to the CITY, at no cost to the CITY, all public records in AGENCY'S possession. All records stored electronically by AGENCY 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. IF THE AGENCY HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE AGENCY'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 TELEPHONE: 561-742-6061 GIBSONC@BBFL.US ARTICLE 24 — SCRUTINIZED COMPANIES 24.1 By execution of this Agreement, AGENCY certifies that it is not participating in a boycott of Israel. AGENCY further certifies that it 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, nor has it 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 the AGENCY of the CITY's determination concerning the false certification. AGENCY 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, AGENCY 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 AGENCY 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. ARTICLE 25 — E -VERIFY 25.1 AGENCY certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 25.2 Definitions for this Section: A. "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 a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or AGENCY. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. 10 C. "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. 25.3 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. The 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-AGENCYs/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. The 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. ARTICLE 26 — FEDERAL REQUIREMENTS Notwithstanding anything to the contrary set forth herein, vendor shall comply with the all applicable federally required standard provisions whether set forth herein below, in 2 CFR Part 200, or otherwise. Any reference made to AGENCY in this section shall also apply to any subcontractor under the terms of this Agreement. 26.1 Equal Employment Opportunity. During the performance of this contract, AGENCY agrees as follows: A. AGENCY will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. AGENCY will take affirmative action to ensure that applicants are employed and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or 11 termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. AGENCY agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. B. AGENCY will, in all solicitations or advertisements for employees placed by or on behalf of AGENCY, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. C. AGENCY will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with AGENCY's legal duty to furnish information. D. AGENCY will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of AGENCY's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. E. AGENCY will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. F. AGENCY will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. G. In the event of AGENCY's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this Agreement may be canceled, terminated, or suspended in whole or in part and AGENCY may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 12 H. AGENCY will include the provisions of paragraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. AGENCY will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event AGENCY becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction, AGENCY may request the United States to enter into such litigation to protect the interests of the United States. The CITY further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, that if the CITY so participating is a state or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. The CITY further agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the administering agency and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the administering agency in the discharge of the agency's primary responsibility for securing compliance. The CITY further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the CITY agrees that if it fails or refuses to comply with these undertakings, the administering agency may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the CITY under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such CITY, and refer the case to the Department of Justice for appropriate legal proceedings. 26.2 Davis -Bacon Act. AGENCY shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor Regulations (29 CFR Part 5). In accordance with the statute, AGENCY must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, AGENCY must be required to pay wages not less than once a week. 26.3 Copeland "Anti -Kickback" Act. AGENCY shall comply with the Copeland "Anti - Kickback" Act, (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 13 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). AGENCY must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. CITY must report all suspected or reported violations to the Federal awarding agency. 26.4 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701- 3708). Where applicable, pursuant to 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5) AGENCY must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. A. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (A) of this section the AGENCY and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (A) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (A) of this section. C. Withholding for unpaid wages and liquidated damages. CITY shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by AGENCY or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (26.4.2) of this section. D. Subcontracts. AGENCY or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (A) through (D) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or 14 lower tier subcontractor with the clauses set forth in paragraphs (A) through (D) of this section. 26.5 AGENCY agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251- 1387). CITY will report violations to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). A. Clean Air Act. AGENCY agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. AGENCY agrees to report each violation to CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. AGENCY agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance. B. Federal Water Pollution Control Act. AGENCY agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. AGENCY agrees to report each violation to the CITY and understands and agrees that the CITY will, in turn, report each violation as required to assure notification to the State, Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. AGENCY agrees to include these requirements in each subcontract exceeding one hundred fifty thousand dollars ($150,000) financed in whole or in part with Federal assistance. 26.6 Suspension and Debarment. This Agreement is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000, as such AGENCY is required to verify that none of the AGENCY's agents, principals (defined at 2 C.F.R. § 180.995), or affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). A. AGENCY must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by CITY. If it is later determined that AGENCY did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to State and CITY, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. B. The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 26.7 Byrd Anti -Lobbying Amendment, as amended (31 U.S.C. § 1352). AGENCY shall file the required certification pursuant to 31 U.S.C. 1352. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award 15 covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 26.8 Compliance with State Energy Policy and Conservation Act. AGENCY shall comply with all mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). 26.9 Procurement of Recovered Materials. The CITY and AGENCY must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 26.10 Reporting. Pursuant to 44 CFR 13.36(1)(7), AGENCY shall comply with federal requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41, if applicable. Furthermore, both parties shall provide the FEMA Administrator, U.S. DOT Administrator, the Comptroller General of the United States, or any of their authorized representative access to any books, documents, papers, and records of AGENCY which are directly pertinent to this contract for the purpose of making audits, examinations, excerpts, and transcriptions. Also, both Parties agree to provide FEMA Administrator or his authorized representative access to construction or other work sites pertaining to the work being completed under the Agreement. 26.11 Rights to Inventions. AGENCY agrees that if this Agreement results in any copyrightable materials or inventions, the Federal Government reserves a royalty -free, nonexclusive and irrevocable license to reproduce, publish or otherwise use the copyright of said materials or inventions for Federal Government purposes. 26.12 No Obligation by the Federal Government. The federal government is not a party to this contract and is not subject to any obligations or liabilities to the non-federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 26.13 Department of Homeland Security (DHS) Seal, Logo, and Flags. AGENCY shall not use DHS(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific federal pre -approval. 26.14 Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that federal financial assistance will be used to fund the Agreement only. AGENCY will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 26.15 Fraudulent Statements. AGENCY acknowledges that 31 U.S.C. Chap. 38 applies to AGENCY's actions pertaining to this Agreement. 26.16 Prohibition on Contracting for Covered Telecommunications Equipment or Services. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; 16 substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy 405-143-1, Prohibitions on Expending FEMA Award Funds for Covered Telecommunications Equipment or Services (Interim), as used in this clause. A. Prohibitions. Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug. 13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. Unless an exception in paragraph (B) of this clause applies, the AGENCY and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: a. Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; b. Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; c. Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or d. Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. B. Exceptions. i. This clause does not prohibit AGENCY from providing: (a) A service that connects to the facilities of a third -party, such as backhaul, roaming, or interconnection arrangements; or (b) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. By necessary implication and regulation, the prohibitions also do not apply to: (a) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. 17 C. Reporting requirement. In the event AGENCY identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (ii) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. The AGENCY shall report the following information pursuant to this section: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii) Within ten (10) business days of submitting the information required by this Section: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. The AGENCY shall insert the substance of this clause, including this in all subcontracts and other contractual instruments. 26.17 Domestic Preference for Procurements. As appropriate, and to the extent consistent with law, the AGENCY should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States. This includes, but is not limited to iron, aluminum, steel, cement, and other manufactured products. For purposes of this clause: Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. Manufactured products mean items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer -based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 26.18 Affirmative Socioeconomic Steps. If subcontracts are to be let, AGENCY is required to take all necessary steps identified in 2 C.F.R. § 200.321(b)(1)-(5) to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. 26.19 License and Delivery of Works Subject to Copyright and Data Rights. If applicable, the AGENCY grants to CITY, a paid-up, royalty -free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, AGENCY will identify such data and grant to the CITY or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software 18 and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, AGENCY will deliver to the AGENCY data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by AGENCY. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 19 IN WITNESS OF THE FOREGOING, the Parties have set their hands and seals the day and year written below. DATED this day of CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Attest/Authenticated: City Clerk Approved as to Form: James A. Cherof, City Attorney , 2021. PATHWAYS TO PROSPERITY Title Signature / Name (Corporate Seal) Attest/Authenticated: Witness 20 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 nzay be accepted as proof 'of'insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk,) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate - $1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos 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 determined INSURANCEADVISORYFORM Revised 04/2021 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost to be 21 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. By: NAME - SIGNATURE Sworn and subscribed before me this day of 2021 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP 22 I, on behalf of certify Print Name and Title Company Name that does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. 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 24 E -VERIFY FORM Project Name: Emergency Rental, Utility, and Relocation Assistance Program Project No.: 117-2419-21 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 subvendors/subconsultants/subcontractors) 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, 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. 25 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 1 2021, 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 26 EXHIBIT "A" Scope of Services 27 Pathways to Prosperity 639 E. Ocean Ave. Ste. 101 Boynton Beach, FL. 33435 Job Description Title: Emergency Response Specialist Salary: $15.00 - $18.00 / Hour FLSA Status: Non -Exempt / Full -Time Date Revised: 09/14/21 Job Summary: The role of the Emergency Response Specialist is to assist clients with the assimilation, completion & review of applications for rental emergency assistance. Essential Job Functions / Responsibilities: • Review OSCARSS Covid-19 ERA applications and screen for eligibility. • Collect / Review supporting documentation to support eligibility. • Review and confirm vendor code in application. If vendor has not registered with Palm Beach County, staff will follow-up with vendor to register and provide vendor code. • For rental assistance, staff will confirm through Palm Beach Counties Property Appraisers website that landlord owns home being rented. • Once eligibility has been determined and vendor code included on application staff will approve application. • Staff will then submit completed packet to fiscal specialist for final approval. • If applications are returned due to error(s) or are incomplete, the staff person will contact the client to make any necessary corrections. • Staff person will follow-up 2-3 business days following submission to determine status. • If application has been approved, staff person will contact applicant for further explanation of how proceeds will be distributed. • If application is denied staff person will follow-up with client to assist with any additional questions regarding declination. • Perform other duties as assigned by the Executive Director / Program Director to resolution and or completion. Essential Competencies: • Time Management — Has an ability to complete tasks in a timely and resolute manner. • Team Work — Contributes positively to team / agency morale and spirit. • Takes initiative — Assumes personal responsibility to resolve problems, proposes ideas, solutions, result's driven. • Organized — Plans and manages workload, timekeeping, meetings applicable deadlines, meets commitments and is reliable. • Effectiveness — Is efficient and productive with consistent effort / Ensures actions and results are timely and consistent. • Is able to deal with change, manages stress and conflicts well and can accept feedback from supervisors. Qualifications: -Bachelor's degree preferred -May exchange years of education for years of experience -Minimum 2 years' experience in related responsibilities -Bilingual, as needed for the community 28 7.A. Requested Action by Commission: Proposed Resolution No. R21-132 - Approve the renewal of property, casualty, and workers' compensation insurance coverage with Florida Municipal Trust (FMIT) and authorize City Manager to sign all required documents for the term of the policy: October 1, 2021 through September 30, 2022. Explanation of Request: The Gehring Group, the City's risk broker, negotiated a renewal with an 8.6% increase in premiums for FY 21/22 totaling $1,030,067. How will this affect city programs or services? Excess insurance protects the City's financial interests for claims exceeding the City's self-insured retention (SIR) limits. Fiscal Impact: The total premium/service costs of $1,030,067 will be allocated among the following self-insurance fund budget line items: 522-1710-45-04 - Liability Insurance Package ($265,914) 522-1710-45-05 - Property Insurance Package ($647,876) 522-1710-45-09 - Workers' Compensation Excess Insurance ($116,277) Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 351 of 453 Ty pe D D Addeinduirn D AddENinduirn Description FResolk.Alon appirmAing tl-ne ir(ain(,,wal o IFlirolperty and casualty insuraince with IF:::M1 T lins�,.jraince &.n-nirnairy F::WIl T IIinsuiraince IIinvoice Page 352 of 453 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 APPROVING THE RENEWAL OF PROPERTY, CASUALTY, AND 5 WORKERS' COMPENSATION INSURANCE COVERAGE WITH FLORIDA 6 MUNICIPAL INSURANCE TRUST (FMIT) AND AUTHORIZE CITY 7 MANAGER TO SIGN ALL REQUIRED DOCUMENTS FOR THE TERM OF 8 THE POLICY: OCTOBER 1, 2021 - SEPTEMBER 30, 2022; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, The Gehring Group, the City's Risk Consultant, has The Gehring Group, the 12 City's risk broker, negotiated a renewal with an 8.6% increase in premiums for FY 21/22 totaling 13 $1,030,067 for the City's self-insured risk management program; and 14 WHEREAS, staff recommends and the City Commission does hereby approve the 15 renewal of Property, Casualty and Workers Compensation insurance coverage with FMIT for an 16 annual amount of $1,030,067 for the period of October 1, 2021 to September 30, 2022. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA AS FOLLOWS: 19 Section 1. Each Whereas clause set forth above is true and correct and 20 21 22 23 24 25 incorporated herein by this reference. Section 2. The City Commission hereby approves the renewal of the Property, Casualty and Workers Compensation insurance coverage with FMIT for an annual amount of $1,030,067 and authorizes the City Manager to sign the required documents for the policy term October 1, 2021 to September 30, 2022. S:ACA\RESO\Property And Casualty General Liability Insurance Renewal (2021-22) - Reso.Docx Page 353 of 453 26 Section 3. This Resolution shall become effective immediately upon passage. 27 28 PASSED AND ADOPTED this 21 st day of September, 2021. 29 CITY OF BOYNTON BEACH, FLORIDA 30 31 YES NO 32 33 Mayor — Steven B. Grant 34 35 Vice -Mayor —Woodrow L. Hay 36 37 Commissioner —Justin Katz 38 39 Commissioner —Christina L. Romelus 40 41 Commissioner — Ty Penserga 42 43 VOTE 44 45 ATTEST: 46 47 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) 55 S:ACA\RESO\Property And Casualty General Liability Insurance Renewal (2021-22) - Reso.Docx Page 354 of 453 I N a?+ a?+ aT+ +?+ ate+ N'. lD J J J 00 V :m':^ rl ri V d d d lD lD : n.:N O N N N N N O V w w wa) rnrl O O 'd O UO �O d 0 O O O 00 M .0p MIr, m c c c c � � � c • v v v v v v v v 2 u .Ln V C V C U C U C U C •),'• .N, U C U C V C iA t/? I4^ vi i/M: Sn CPP in •CPP ..C` •••• O O M O O E O \\ +� E \ +� E N O O II••• O O O O O LD m O O O O O O O O O O u O J O O m u p J u p J 7 O z O O M O O O O O N O U O N + N + N pb O O O O N O O L!) L!1 L!1 NN O O o N m O U !n II.R1 Ln L.l1 Ln 00 O O v 00 O v tl�q C, bhp on N b D O p z O O p z 0 p z •CfY OJ N O N N M •°. 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E a W J Q Q := : n 17 ;n w o a V1 P 'Ih D 00�DD�' IIikii4 Florida Municipal Insurance Trust IIAnnual Billing - 21/22 Fund Year FLORIDA MUNICIPAL INSURANCE TRUST FMIT # 0055 Invoice Date: Invoice ID #: INV-34410-D4R3 Due Date: ATTN: Julie Oldbury City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 REVISED INVOICE 8/15/2021 Bank ACH: Capital City Bank 217 N. Monroe St. 10/1/2021 Tallahassee, FL 32301 RTN#/ABA#:063100688 ACCT#:0032620701 Acct Type: Checking Acct Name: Florida Municipal Insurance Trust Please make check payable to: Florida Municipal Insurance Trust P.O. Box 1757 Tallahassee, FL 32302-1757 General Liability Auto Liability Auto Physical Property Workers Total Damage Compensation Gross Premium $161,446.00 $81,968.00 $31,364.00 $594,012.00 $101,277.00 $970,067.00 Service Fee $15,000.00 $7,500.00 $7,500.00 $15,000.00 $15,000.00 $60,000.00 Total Net Premium $176,446.00 $89,468.00 $38,864.00 $609,012.00 $116,277.00 $1,030,067.00 Previous Invoices $1,044,067.00 Total Balance Forward $1,044,067.00 Coverage Premium Service Fee Total Net Premium General Liability Coverage $161,446.00 $15,000.00 $176,446.00 Auto Liability Coverage $81,968.00 $7,500.00 $89,468.00 Auto Physical Damage Coverage $31,364.00 $7,500.00 $38,864.00 Property Coverage $594,012.00 $15,000.00 $609,012.00 Workers Compensation Coverage $101,277.00 $15,000.00 $116,277.00 Total Installment Amount $1,030,067.00 Total Due by 10/1/2021 $2,074,134.00 NOTE: THIS RENEWAL IS BASED ON ALL COVERAGES. IF ANY OF THE LINES OF COVERAGE ARE NOT RENEWED, THE OTHER LINE PRICING WILL CHANGE OR COVERAGE OFFERINGS ON THE REMAINING LINES COULD BE WITHDRAWN ALTOGETHER. POLICIES WILL BE MADE AVAILABLE AFTER OCTOBER 1, 2021 AND CAN BE VIEWED AND PRINTED ONLINE ONCE PAYMENT IS RECEIVED. ELECTRONIC POLICIES ARE ALSO AVAILABLE AFTER OCTOBER 1, 2021 UPON REQUEST. Please see below for a copy of our Premium Installment Plan, Penalty Policy and ACH Instructions. *** Please return a colipy o'f'thiiis liiinw:roliice With yo uuir IIG ayinient: to the Tadlllllailhassee office or send ACIII°III Lin f'ouriiinatiiioin, 111invo"ice I14um1beir aind Air iouuriit IlRalld llin an euirirluaiiilll to Accow„uu"IiitsIlReceiiivall)llle@flcliil:iiies,coimii,* ** * Page 356 of 453 PLEASE READ THIS PAGE CAREFULLY NO COVERAGES, TERMS OR CONDITIONS ARE TO BE ASSUMED All Trust Programs are Non -Assessable Terms of this Agreement: Premiums shown are subject to year-end audit adjustments All coverages provided by the Florida Municipal Insurance Trust are on an occurrence format. The Florida Municipal Insurance Trust does not automatically include prior acts (tail) coverage. 2021 / 22 PREMIUM INSTALLMENT PLAN First Installment Second Installment Third Installment Fourth Installment 25% minimum due 25% minimum due 25% minimum due 25% minimum due October 1, 2021 January 1, 2022 April 1, 2022 July 1, 2022 NOTE: If the total net premium is under $6,000.00 the installment provision does not apply Payment is to be forwarded to the League Office in Tallahassee. For any other coverages, the premium is billed by the Florida League of Cities and due in full at inception, regardless of the size of the premium Forty-five (45) Days Notice of Cancellation and Non -Renewal Ten (10) Days Notice of Cancellation for Non -Payment of Premium Note: Coverage summaries provided herein are intended as an outline of coverage only and are necessarily brief. In the event of loss, all terms, conditions, and exclusions of actual Agreement and / or policies will apply. Florida Municipal Insurance Trust (FMIT) ACH instructions to remit payment to FMIT Bank: Capital City Bank 217 N. Monroe St. Tallahassee, FL 32301 RTN#/ABA#: 063100688 ACCT#: 0032620701 Acct Type: Checking Acct Name: Florida Municipal Insurance Trust Payments for insurance deductibles cannot be made via ACH. Deductible payments should be made by check and mailed to the Florida League of Cities Orlando office. If you have questions, contact the person whose name is listed on the deductible invoice. Please note: When making ACH payments to the FMIT, email the invoice number, payment amount, and a copy of the invoice for which the payment applies to: accountsreceivable@flcities.com. (A PDF image of the invoice is preferred.) This information will ensure that the funds are applied to your account in a timely manner. For questions regarding ACH payments, please contact Mona Davis, Accountant I, for the Florida Municipal Insurance Trust, at (850) 701-3016 or mdavis@flcities.com. Page 357 of 453 7.B. Requested Action by Commission: Approve piggyback of Volusia County Contract # 18-B-43AK with Boundtree Medical for the City's medical supplies on an as needed basis with an estimated annual purchase of $130,000 and authorize the City Manager to sign an agreement. The Volusia County procurement process satisfies the City's competitive bid requirements. Explanation of Request: Contract Term: July 12, 2021 to July 12, 2022 Volusia County awarded the contract to Boundtree Medical to furnish medical supplies and pharmaceuticals at a percentage discount. The medical supplies will be purchased for the City's Fire department and are stocked at the Warehouse. The City is currently piggybacking Monroe County's contract # 91-0-2016 for medical supplies that expires on November 30, 2021. The contract does not have any more renewals The proposed contract allows for one (1) one (1) year renewal. How will this affect city programs or services? Approval for the use of this contract will allow for the City's Fire EMS to access the necessary medical supplies as needed. Fiscal Impact: Funds are budgeted and available for account 502-0000-141-0100 for the amount of $130,000. Medical expenditures FY 18/19 expenditures $121,267.15 FY 19/20 expenditures $110,992.00 FY 20/21 expenditures to date $90,297.00 Alternatives: To not approve and not take advantage of discounts offered by this contract with Boundtree Medical. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 358 of 453 Is this a grant? Grant Amount: Attachments: Type Addeinduirn Description Refine gill Agireeirneint aind Pricing Page 359 of 453 Master Agreement TERM: 2021-07-12 to 2022-07-12 Volusia County FLORIDA Date Issued: 07/16/2021 NO. 555 20320A - 1 Page 1 of 2 Vendor contact: County contact: Unit Bill To: Name: Bethany Moore Name: MARK WOLCOTT EA County of Volusia Phone: 800-533-0523 Ext.: Phone: 386-740-5201 Ext.: 2906 AS REQUIRED BY E-mail: bmoore@boundtree.com E-mail: MWolcott@volusia.org USING DEPARTMENT VOLUSIA COUNTY, FL 32720 Vendor Name: Vendor No. 02092500050 Ship To: BOUND TREE MEDICAL, LLC AS REQUIRED BY USING DEPARTMENT 5000 Tuttle Crossing Blvd VOLUSIA COUNTY, FL 32720 DUBLIN, OH 43016 Purchasinq ANDREW KOKITUS Solicitation Number: 18-B-43AK8851 Phone: 386-943-7009 Ext: E-mail: akokitus@volusia.org Award Date: 2021-06-22 Payment Terms: Net 45 Days, FOB Dest, Freight allowed Award Authorization: COUNCIL Document Description: MEDICAL SUPPLIES Line Item Commodity Code Unit Description p Unit Price or Contract Amount 1 25726 EA Pricing per the attached fixed percentage list 0.000000 fib/Ile��'�i.J Pam Wilsky, CPPO, CPPB Purchasing & Contracts Director Remainder of page is blank County of Volusia Sales Tax Exemption Number 85-80126223930-9 A delivery order is required for the release of items / services from the referenced Master Agreement. If a solicitation number is referenced then the terms and conditions of said solicitation become part of the Master Agreement. Deviation from prices stated is not permitted without a signed corrected Change Order. If vendor terms and conditions conflict with County of Volusia Terms and Conditions, the County's Terms and Conditions prevail. See reverse side for ter n Purchase Order (PO) or Master Agreement (MA) Terms and Conditions Providing any good or service constitutes acceptance of this entire PO or MA without exception. In the event this document is issued based on a solicitation or quote, the terms and conditions of the solicitation or quote prevail. Acceptance. Products/Services purchased as result of this PO or MA may be tested for compliance with specifications. Items delivered not in conformance with the specifications may be rejected and returned at the Provider's expense. Those items and items not delivered by the delivery date specified in the accepted offer and/or PO or MA may be purchased on the open market. Cancellation of Order. A request by either party to PO to cancel the order at no cost. Delivery. Title and risk of loss shall pass when items have been received, inspected, and accepted by County of Volusia ("County"). All associated shipping, insurance, and other related costs shall be borne by Provider. Discontinued. Provider shall give County 30 (thirty) days advance notice of a discontinued item(s) so that County can purchase additional quantities of discontinued item(s). County must give written approval of replacement(s) if they exceed previous price or fail to meet quality, form, fit, or function of the discontinued item. Time is of the essence regarding Performance of Services and this PO or MA can be terminated by the County for convenience, non -appropriation of funds, or non-performance. Disputes. If such dispute arises under this PO or MA and is not resolved informally by the parties within five (5) business days, the party bringing a claim ("Disputing Party") shall deliver to the first level representative of the other party a written statement ("Dispute Notice") describing the dispute. If the respective representatives cannot resolve the dispute within ten (10) days, the dispute shall be escalated through two higher levels of management. If the dispute has not been resolved within 25 (twenty- five) calendar days after delivery of the Disputing Party!€TMs notice, either party may give written notice to the other party declaring the resolution process terminated and pursue other legal recourse or initiate formal non-binding mediation before a single mediator, which shall be completed within 30 (thirty) days of initiation, in accordance with rules of practice and procedure adopted by the Supreme Court of Florida for court-ordered mediation, Rule 1.700, et seq., of the Florida Rules of Civil Procedure, and Chapter 44, Florida Statutes. If the dispute remains unresolved after conducting such mediation, then either party may proceed to finalize such termination remedies and commence litigation in a court of competent jurisdiction. Compliance with FEMA 2 CFR 200.318-326 and Appendix II Contract Provisions. This Agreement and the products/services provided may be utilized in the event of declared State/Federal Emergency and Contractors shall be prepared to comply with the requirements of the FEMA Super Circular CFR 200.318-326 and Appendix II Contract Provisions as amended. These documents can be found on the Internet at: https://www.gpo.gov/fdsys/granule/CFR-2014-title2-vol1/CFR-2014-title2-vol1-sec200-318 Governing Law/Jurisdiction/Venue. This PO or MA shall be governed by the laws of the State of Florida and venue for any litigation arising from this PO or MA shall be in the County of Volusia, Florida, and any trial shall be non -jury. Provider shall comply with all applicable laws and regulations. Insurance. For goods and services delivered or performed by Provider on County premises, Provider certifies it maintains comprehensive general liability insurance and auto insurance in the amounts identified in the solicitation and/or contract and any amendments thereto pertaining to this PO or MA, or from an A.M. Best "A" or better rated insurance firm authorized by the State of Florida Insurance Commissioner. The County reserves the right to require the "County of Volusia" be named as additional insured for projects when deemed necessary. For services performed off County premises and goods delivered by third party carriers, the Provider shall use such carriers that maintain such insurance coverage as set forth above. Intellectual Property. Provider agrees to protect, defend, indemnify, and save the County, its agents, officials, including elected officials, and employees of the County harmless from and against any and all claims, demands, actions, and causes of action which may arise asserting that a copyright, trademark, trade secret, or patent ("Intellectual Property"), as provided under this PO or MA, infringes or misappropriates any third party's Intellectual Property. If Provider must pay a third party any license, royalty, or other such usage fee in order to deliver the item(s) under this PO or MA, such third party and usage fee must be specified in the Provider's offer to sell to the County. Indemnification. The Contractor shall indemnify, defend and hold harmless the County and its employees, officers, elected and appointed officials, agents, attorneys, representatives, volunteers, divisions, departments, districts, authorities, and associated entities from and against all claims, damages, losses, and expenses, including, but not limited to attorney's fees, arising out of or resulting from the performance of this Agreement to the extent that any such daim, damage, loss and expense is caused by any negligent act or omission of the Contractor, anyone directly or indirectly employed by Contractor. Modification & Assignment. County may unilaterally change, at no additional cost, the quantity and receiving point within the County for items not yet shipped. All other items must be mutually agreed upon in writing. County is not required to pay for defective items, back -orders, late deliveries, those quantities exceeding the PO or MA quantity, or items shipped at a higher price than stated on the PO or MA. Neither this PO or MA nor any interest herein shall be assigned, transferred, or encumbered by Provider except as authorized in writing by the County. Notices. All notices given by one party to the other party under this PO or MA shall be delivered to the receiving party's address set forth on this PO either by hand, qualified courier, or e-mail and shall be deemed received the day after it is transmitted. For the County, it shall be addressed to the Purchasing and Contracts Department, 123 West Indiana Avenue, 3rd Floor, Deland, Florida, 32720 or purchasing@volusia.org. No Waiver. Except as expressly set forth herein, no failure or delay on the part of County in exercising any right, power, or remedy hereunder shall operate as or be deemed a waiver thereof, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof, or the exercise of any other right, power, or remedy. Order of Precedence. In the event of conflict between this PO or a Master Agreement (MA), the originating Volusia County contract and amendments thereto shall be controlling. This control shall pertain to all specifications and scopes of work included in the originating Volusia County contract and any amendments thereto. Payment. Except for construction services, which shall be paid pursuant to the Florida Prompt Payment Act, County shall pay Provider within 45 (forty-five) days after receipt of an accurate and undisputed invoice, unless the County accepts a prompt payment discount from Provider and the goods or services are not defective. Invoice, packing slip, delivery receipt, order acknowledgement, and correspondence shall clearly indicate the PO or MA number. Any additional or different terms and conditions on Provider's documents shall be considered null and void. The County may deduct amounts it is due from Provider's payment or not pay disputed invoices until such dispute is resolved. Nothing in this PO or MA shall create any obligation on the part of the County to pay directly to any subcontractor of Provider any monies due to such subcontractor or claims of such subcontractor for amounts owed by Provider to subcontractor for goods or services provided under this PO or MA. Sovereign Immunity. The County expressly retains all rights, benefits and immunities of sovereign immunity in accordance with Section 768.28, Florida Statutes. Notwithstanding anything set forth in any section of the Agreement, Master Agreement, and/ or this Purchase Order to the contrary, nothing in any such documents shall be deemed as a waiver of immunity or the limitations of liability of the County beyond any statutory limited waiver of immunity or limits of liability which may have been or may be adopted by the Florida Legislature, and the cap on the amount and liability of the County for damages regardless of the number or nature of claims in tort, equity, or contract shall not exceed the dollar amount set by the legislature for tort. Nothing in the Agreement, Master Agreement, or this Purchase Order shall inure to the benefit of any third party for the purpose of allowing any claim against the County, which would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Taxes. County is exempt from Manufacturers' Federal Excise Tax (Exemption# 49-6000-885) and Florida sales tax (Exemption# 85-80126223930-9). Certificates are available at www.volusia.org/purchasing. After accessing the foregoing website, select, "Doing Business with Volusia County" and "Consumer Certificate of Tax Exemption" from the available menu screens to see a copy of the certificates. Termination for Convenience. The County may cancel the PO or MA in whole or part when it is in the best interest of the County with thirty (30) days notice. UCC. In addition to any rights or remedies contained in this P.O., each party shall have rights, duties, and remedies available through the Uniform Commercial Code (UCC) Warranty. Provider warrants that all Work or Services performed under this PO or MA shall be performed in a good and competent workmanlike manner to the satisfaction of the County, and materials shall be of good quality (unless otherwise stated on PO or MA), and free from defects and pursuant to specifications and requirements of the contract related to this PO or MA. Volusia County Purchasing & Contracts Division, (rev. 09-19-17 apprvd CHJJ) Page 361 of 453 ITB 18-B-43AK Attachment 0 Fixed Percentage Off List Price Volusia County PLORMA Vendor Name: Bound Tree Medical, LLC Product Manufacturer Name % Fixed Discount Product Manufacturer Name % Fixed Discount 3M 30% Biornedix 301% Aaron Medical N/A Bio -Nova N/A Abboject N/A Bowman Medical Products 30% Abbott 30% Brunswick Biomedical N/A Acme 30% BurnFree Products 30% Act -O -Vial NIA Burron Medical N/A ADC Proscope 30% Caradyne N/A Advantage Medical N/A Care Line 30% Aearo Company N/A lCast Products 30% Alliance Medical N/A lCath-Wrap NIA Allied Healthcare 35% Cavacide N/A Alpha-Protec 30% Centennial Products N/A Alpine N/A Certified Safety Manufacturing 30% Arnbu 38% CFT, Inc. (Life Mask) 28% Arribu-Perrit 38% -Chaston N/A AMBV 38% Chord Engineering N/A Ames N/A Chronimed N/A Arnsino Arnsafe 30% Coloplast/Sween N/A Anatomical Chart Company N/A Compliance Medical 30% Anthony Medica Products N/A Conmed 38% Argyle N/A Cook 30% Ashland Mills N/A Corpack Meds stems (BLD) N/A B & B Medical N/A Covedlein 30% B & F Medical N/A Cumberland Swan NIA B Braun Medical 42% -Curaplex 40% Bacti-Stat N/A Cypress Medical N/A Ballard NIA De y Laboratories N/A Banta Healthcare N/A DHD Healthcare N/A Bard Parker N/A DHD Healthcare (Pegasus) N/A Baush & Lomb NIA -Diamond Products N/A Baxter 40% Digit -Safety N/A Bay Corporation 30% , Diversified Disposables N/A Bayer N/A Doctors Research Group N/A BC Group International N/A Donovan Industries N/A BCI, Inc. (SIMS) N/A Dukal Corp. 30% BD 35% Duraclear N/A Bdg N/A Dynarex 30% Becton/Dickenson 35% E M Innovations N/A Bedford Laboratories N/A E. Fou era N/A Bemis 30% Easy -Go -Vac N/A Berman N/A Eco -Flex N/A Beshaw Medical NIA Ecolab Professional Products 30% Bio-Detek 30% Emergency Medical Instruments (EMI) N/A Biolife N/A -Emergency Prods & Research (EP&R) 30% EMP N/A Impact Instrumentation N/A Engineered Medical Systems 30% IMS 32% Enternet medical N/A IMS/Amphastar 32% Ethox . 30% Infection Control Technology N/A ,EValuMed N/A INFU-SURD N/A Page 1 of 5 Page 362 of 453 ITB 18-B43AK Attachment B Fixed Percentage Off List Price Volusia County FLOF440A Vendor Name: Bound Tree Medical, LLC Product Manufacturer Name % Fixed Discount Product Manufacturer Name % Fixed Discount Exel International 3�0%, I-Tec/EMS, LLP 28% Expert -Med N/A Ivax Pharmaceuticals (ZonithGoldline) N/A Faretec 32% IJ & J Critikon N/A Ferno 20% Jobet Institute N/A Firehouse Medical N/A Johnson & Johnson 30% First Aid Direct N/A Dunkin Safety Appliance 30% First Horizon N/A Ka ler N/A Flambeau Products 30% Kendall N/A Fleminq Industries N/A lKimber! y Clark N/A Flexicon N/A Kimberly-Clark (Ballard Medical) N/A Forerunner N/A Kool-Press N/A Fujisawa Pharmaceuticals N/A Laerdal Medical 10% Futuremed America N/A Laerdal/Bemis 10% Gainor Medical N/A Lead -Lok N/A Gam N/A Life -Tech N/A Gam Ind N/A Lumiscope Medical Products N/A Gam Milti N/A Lyo-Ject N/A General Medical N/A M & M Industries N/A GKR Industries Glucometer/Elite X1 Graham Field 30% N/A 30% IMabis Mabis Healthcare Maco international N/A NIA 30% Graphic Control N/A Macosta-Medical USA N/A Green] ine/Sunm ed H.I. Bouton Harcourt Health Sciences 35% N/A NIA Mada medical Magnum Medical Ma nus 30% 30% N/A Hartwell Medical 25% Mallinkrodt Medical N/A Hawkpaks.com 30% Marine Rescue products N/A HeadStart N/A Maxxim Medical (Winfield) N/A Healthink 30% Medafor, Inc. N/A Healthmark Industries 30% Medex N/A Heartstart FR N/A Medical Action Industries 30% Heart Stream Forerunner N/A Medical Device Group N/A Hermitage N/A Medical Devices International 30% Hoosler Medical Devices N/A Medical Specialties 30% Hospira 30% IMedical Su lies Depot 25% Hospitak N/A IMedical Technology Products N/A Hot Shield USA N/A IMedin Corp. N/A Hudson N/A IMedix Choice N/A Hy -Tape 30% [Medline Industries 30% Medovations NIA IPharmacia & UpJohn N/A Melker NIA Philadelphia Cervical Collars N/A Mercury Medical NIA Philly N/A Meridian Technologies 25% Physio Control 30% Mertag Products N/A Pigeon Mountain Industries N/A Metrex 30% Pinnacle Technology Group 28% MicroFlex Synetron 30% Paamedco N/A Minto Research & Development 30% Poly Systems 30% lMoldex-Metrix 30% Posey N/A IMoneghan Medical 30% Precision Charts 30% Page 2 of 5 Page 363 of 453 ITS 28-B-43AK Attachment 8 Fixed Percentage Off List Price volusia County PLORIDA Vendor Name: Bound Tree Medical, LLC Product Manufacturer Name % Fixed Discount Product Manufacturer Name % Fixed Discount Moore Medical INIA Precision Dynamics 28%, Morrison Medical 30% Precision Medical 30% Mortan 28% Premium Plastics N/A Motion Medical Distribution 30% Prestige Medical 30% MPI Outdoors N/A Pride of Florida N/A MSA Patient Monitoring N/A Progressive Medical International N/A Multisorb Technologies N/A Promar Industries N/A Murphy Et Tube N/A 15"ropper Manufacturing N/A Nasco 22% Protective-Jelco N/A National Webbing Products N/A Q-Teknologies N/A Needi Safety Supply N/A R & B Fabrications 30% Nellcor N/A R & D Batteries 30% NeoTech N/A Rapid Deployment Products 30% Neotech Products 30% Reeves Manufacturing N/A New Medical Technology N/A Repro -Med Systems 30% New United Distributing Co. N/A Respiratory Distributors N/A Nlosh N/A Respiratory Ventilator Products N/A Nitroderm N/A Respironics N/A Nomin Medical N/A Reusch 32% North American Rescue 25% Revivant Corporation lRoc N/A NutraMax Products N/A Rico Suction Labs 30% 02 Solutions N/A Hampton Medical N/A Omeqa Medic., N/A I afetec of America 30% Omni Therm N/A JSafety Equipment Company N/A Omron Health N/A Safety International 30%- 0 -Two Medical Technologies 30% SafGard Medical Products N/A Owen Mumford 30% Saf-T-Vac N/A Pacific Safety Products N/A Sage N/A Paddock Laboratories N/A Salter Labs 30% Para Pac NIA Sani-Cloths Plus 30% Parker Laboratories 30% Saunders Manufacturing 30% Paul Dubin Company N/A Seaberg Company N/A PD1 N/A Sharps Compliance 30% Pelican Products 30% Sherwood N/A Page 3 of 5 Page 364 of 453 ITS 18-8-43AK Attachment 8 Fixed Percentage Off List Price Vollusia County I'LORICA Vendor Name: Bound Tree Medical, LLC Product Manufacturer Name % Fixed Discount Product Manufacturer Name % Fixed Discount 71ppert Medical Technologies NIA Triad NA Shradder N/A Tri-anim 30% Smiths Medical ASD (Portex) 30% Trinity Laboratories N/A Snowbird Mountain Gear Splash Shield Sporicidin International NIA 30% N/A ITW Medical Underwater Kinetics Unomedical (Maersk Medical) N/A N/A N/A Spur N/A VentLab 30% SSCOR Statcorp 15% N/A Veriflo Medical Vermont Medical N/A N/A Stearns Manufacturing Sterilix (USA) 30% NIA Victor Medical Vortran N/A 28% Sun -Med Sunrise Medical (DeVilbiss) 35% 30% Waismed Weaver & Company N/A N/A Superior N/A Welch Allyn 30% Surgical Specialties N/A Western Medica N/A Surgilance 35% WestMed 30% Surgilube N/A Wet Pruf N/A Sween Corp. N/A Wholesale Tape N/A Swift First Aid N/A Winefield Ind. N/A Syrex-Ne ptune N/A Wolfe To Medical N/A Tec Laboratories N/A Yankhauer N/A Tech+Med Industries N/A Won Medical Products N/A Techstyles, Inc. 30% Zoll 28% Teledyne Analytical Instruments N/A Terumo 30% Teva N/A The Battery Bank 30% Thermo NIA Thin Red Lin N/A Thomas 25%. ...... �'' Tidi 30% .... .... Timely Medical Innovations N/A......... ... .. I -L", Tinker Medical Devices N/A .. ........ .... ... Page 4 of 5 Page 365 of 453 ITB 18-B-43AK Attachment B Fixed Percentage Cuff List Price Volusias County FLORIDA Vendor Name: Bound Tree Medical, LLC Product Manufacturer Name % Fixed Product Manufacturer Name % Fixed Discount Discount Additonal Proposed Manufacturers % Fixed Additonal Proposed Manufacturers % Fixed Not Listed Above Discount Not Listed Above Discount "All ether manufacturer's available in our catalo 30% *See attached exclusion letter for additional details Page 366 of 453 ITB 18-B-43AK Medical Supplies Exhibit A - Price List REVISED V:olus5a cbx my Item # VENDOR NAME: Unit of Measure Item Description (box, carton, each, etc.) Bound Tree Medical, LLC Cost per unit of measure (box,Additional Information {including ' carton , e, specifying total number of items in apF/I cable the unit of measure). discounts 1 1 UnSterile Pads 4 x 4 each Ba $ 2.35 200/BG I BTM #F 165622 2 CYNCH-LOCK WHITE Bag $ 13.61 100/BG I BTM #G2291 3 Alcohol prep pad (each) Box $ 1.29 200/BX I BTM #1330-85300 4 Sheets, PowerFlexx Fitted 33X89 Case $ 43.09 50/CS BTM #3271-70223 5 Glucometer- Test Strips Box $ 7.75 50/BX BTM #2763-53050 6 Bandaids(ea) box 100-3/4 x 3" Box $ 1.30 100/BX I BTM #279-3601 BX 7 IV Extension set, 8" Saline Lock D narex Each $ 0.81 1/EA I BTM #05-00811 NEG 8 Chlorascrub Prep Pad -Swab (ea) Case $ 149.68 1000/CS I BTM #B10800 9 IV Flush Syringe, NS 10 ml Prefilled Each $ 0.32 1/EA I BTM #600-10 10 X Series -Electrodes BlueSensor-Pedi/Adult 10/Pk Pack $ 1.87 10/PK I BTM #230005 11 Tourniquets Bag $ 18.50 250/BG BTM #1841-14000 12 VENI-GARD (IV) DRESSING ADULT Box $ 35.35 100/BX BTM #354431 13 Glucometer- Lancets Box $ 6.27 100/BX BTM #2764-70721 14 ViaValve IV Cath, 20ga x 1.25 Each $ 1.91 1/EA I BTM #1613-32620 15 Sheets, Drape Paper 40X90 Case $ 26.70 50/CS I BTM #351-52166 16 Thermometer Probe Covers Box $ 9.90 250/BX BTM #2733-53175 17 18 Unit -T-rash-Baq-24-X-32-Slack-e9-mi4-Blaek IV Drip set, Macrodrip Each $ 1.07 1/EA BTM #1712-83110 19 ViaValve IV Cath, 18 a x 1.25 Each $ 1.91 1/EA BTM #1613-32618 20 Sterile Pads 2 x 2 Box $ 1.19 50/BX I BTM #279-3322BX 21 Pillowcase, disposable Case $ 14.67 100/CS I BTM #14043 22 X Series -Smart Ca noline Plus Adult/intermediate N/C Each $ 8.59 1/EA I BTM #177268 23 02, Nasal Cannula, Adult, 711 tubing Each $ 0.21 1/EA BTM #30050 24 Kling, 3 inch Each $ 0.16 1/EA BTM #276-603PB96EA 25 Cold Pack 6 X 8 1/4 IN Each $ 0.24 1/EA BTM #1431-16002 26 Kling, 4 inch Each $ 0.19 1/EA BTM #276-604PB96EA 27 Syringe Onl Luer Lock 3CC Each $ 0.05 1/EA BTM #1633-30303 28 Needle Safety 18 a x 1" Box $ 13.00 50/BX I BTM #47-8881850810BX 29 Sterile Pads 4 x 4 Box $ 5.60 100/BX I BTM #081412 30 Sterile Pads ABD 5 X 9 Tray $ 2.15 25/TR I BTM #085590 31 ViaValve IV Cath 22 a x 1.25 Each $ 1.91 1IEA BTM #1613-32622 32 33 Station-Garbar-e-Ber-3£3-x-saB-X#-Super -2,4-mil-white- Convenience Bag, 1000cc Emesis Pack $ 9.99 25/PK I BTM #1071-10208 34 King, 6 inchBag $ 1.55 6/BG I BTM #276-8520BG 35 IV Extension set- 7"Medsource Case $ 93.00 100/CS I BTM #1714-83092 36 Needle -Safety, 21 a X 1 Box $ 12.94 50/BX I BTM #47-8881850110BX 37 Stifneck collar, No -neck Each $ 2.94 1/EA I BTM #264003 38 Gloves, Nitrile, 12' large Box $ 10.75 100/BX I BTM #1015-10403 39 TSI Head Immobilizers Yellow Cerviguard Set $ 2.63 2/ST I BTM #260401 40 Syringe Onl Luer Lock, 10CC Each $ 0.09 1/EA I BTM #1633-10010 41 Tongue Depressors Box $ 5.30 500/BX I BTM #412075 42 Nebulizer/Combo mask Each $ 1.10 1/EA I BTM #411885 43 02, NRB, ADULT, reservoir bag, Each $ 1.00 1/EA I BTM #411210 44 Razor, Disposable Each $ 0.34 1/EA I BTM #540047 45 X Series -EKG Paper, roll 80mm Roll $ 1.49 1/RL I BTM #274510080 46 Gloves, Nitrile, 12' medium Box $ 10.75 100/BX I BTM #101510402 47 Sharps Box, Red 1 Quart Each $ 1.84 1/EA I BTM #298900 48 X Series-Filterline set, Non Humidified, Adult/Ped Each $ 6.85 1/EA I BTM #174620 49 N-95 face mask Regular Box $ 22.27 35/BX I BTM #299170 50 Blanket, Disposable, Yellow Each $ 1.38 1/EA I BTM #11845 51 Tape, 2 IN X 5 YDS (waterproof) Roll $ 2.08 1/RL I BTM #085081 52 ViaValve IV Cath, 16 a x 1.25 Each $ 1.91 1/EA I BTM #1613-32616 53 Lubricating Gel Box $ 8.98 144/BX I BTM #440128 54 Sanicloths, Red Top Tub $ 5.51 160/TB I BTM #297272 55 Restraints Dbi Rin Pair $ 3.49 1/PR BTM #501110 56 57 Z -i leek -ba -,, 4G -4/2-x-1-# BVM, ADULT W/ MED MASK Each $ 8.95 1/EA I BTM #2442-52002 58 Yankauer suction handle, bulb tip Each $ 0.35 1/EA BTM #197-00520010EA 59 Tape, 1 in x 10 yd Trans ore Box $ 7.99 12/BX I BTM #151527 60 CPAP, BITRAC Large Adult' Complete set-up Each $ 41.00 1/EA I BTM #313-7555XN-1 EA 61 62 RfAtowel--whFts, Nebulizer Circuits/hand held/mouthpiece/Tee/tubing Each $ 0.50 1/EA BTM #301-200EA 63 Needle -Safety, 25 a X 1 Box $ 13.00 50/BX I BTM #18865 64 ViaValve IV Cath 24 a x 1.25 Each $ 1.91 1IEA BTM #1613-32624 65 66 Test- o Suction Canister, disposable complete Each $ 5.97 1/EA I BTM #595410 67 Syringe Onl Luer Lock 20CC Each $ 0.60 1/EA I BTM #620020 68 PENLIGHT Pack $ 3.73 6/PK I BTM #32762 69 Gloves Nitrile 12' small Box $ 10.75 100/BX I BTM #101510401 70 Isa el, hand sanitizer - 4 oz Each $ 1.29 1/EA BTM #R3119 71 ET tube, HOLDER ADULT Each $ 2.67 1/EA BTM#020500 72 Biohazard Red Bags 7-10 Gal. Each $ 0.08 1/EA BTM #290116 73 Gloves, Nitrile, 12' XX -lar a Box $ 10.75 100/BX I BTM #101510405 74 Stifneck collar, Short Each $ 2.94 1/EA I BTM #264004 75 Triangular Bandage Each $ 0.21 1/EA I BTM #1124-03680 76 Gloves, Nitrile, 12' X -lar e Box $ 10.75 100/BX I BTM #101510404 77 CPAP -02 quick connect dissgreen) 3 of 3 CPAP adapter Each $ 2.28 1/EA I BTM #313-131111 EA 78VENTILATION CIRCUIT DISPOSABLE WITH PEEP VALVE Each $ 18.23 1/EA BTM #532002 79 Sterile H20,, Irri ation 500m1 jEach $ 2.49 1/EA I BTM #607113 80 1 ET tube, 7.5mm, Cuffed with stylet jEach $ 1.42 1/EA I BTM #2113-10275 Total:; $ 727.68 Page 1 of 1 Page 367 of 453 7.C. Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggybacks for the procurement of services and/or commodities as described in the written report for September 17, 2021 - "Request for Extensions and/or Piggybacks Over $100,000." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL TERM AMOUNT SOLICITIATION NUMBER The Mae Volen Transportation Services for the City of Two -Party October 1, 2021 to Annual Senior Center, September 30, Estimate nc. Boynton Beach Senior Residents Agreement 2022 $110,000 How will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy -backs that are renewed/extended with the same terms and conditions and pricing as the initial award. Fiscal Impact: Funds have been budgeted under line items as noted on the attached report. Alternatives: Not approve renewals and require new solicitations to be issued. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 368 of 453 Grant Amount: Attachments: Type D Attachin,neint D Attachment Description BidIE: xteinsioins ar-d IRiggy lBanclks C)veir $100,000 FReinewal II int.eirest I etteir Phe IMae Volein Seirfioir Center, IIin( 20212022 Page 369 of 453 REQUESTING DEPARTMENT: Recreation DEPARTMENT CONTACT: Kacy Young TERM: October 1, 2021 to September 30, 2022 SOURCE FOR PURCHASE: Two -Party Agreement with Mae Volen Senior Center, Inc. ACCOUNT NUMBER: 001-1211-512-49-17 VENDOR(S): MAE VOLEN SENIOR CENTER, INC ANNUAL ESTIMATE: $110,000 DESCRIPTION: The Mae Volen Senior Center provides transportation services for the City of Boynton Beach senior residents four (4) times daily, Monday through Friday. The program follows routes and destinations as established by the City. The Volen Center provides all staff, Vehicles, and insurance. The City of i1n Beach 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 August 25, 2021 RE: TRANSPORATION SERVICES Agreement between the City of Boynton Beach and The Mae Volen Senior Center, Inc. AGRE ENT RENEWAL TERM: OCTOBER 1, 2021— SEPTEMBER 30, 2022 , 7vYes, I agree to renew the existing agreement under the same level of services rendered by The Mae Volen Senior Center, Inc, during the 2020-2021 budget year. No, I do not wish to renew the Agreement for the following reason(s) VOILEN SENIOR CENTER, INC. NAME OF COMPANY LU �-O NAME OF REPRESENTATIVE (please print) DATE Lao ' 2, v o� ca c&*r E-MAIL J SIG TITLE �(AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 371 of 453 7.D. Requested Action by Commission: Approve an additional expenditure of $19,000 with IXOM Water Care, Inc. utilizing Palm Beach County's sole source contract SS150985 to purchase MI EX resin bringing the not to exceed amount for this fiscal year up to $349,585.00. Explanation of Request: On 1/19/2021 the City Commission approved the piggyback of Palm Beach County's sole source contract up to $330,585.00 for IXOM Water Care, Inc. The MI EX ion exchange contract is a treatment process in the East Water Treatment Plant which removes organics from the western wellfield. The MI EX process utilizes magnetically charged anion exchange resin beads which aid in the removal of organics. The process itself can be variable based on rainfall and overall environment. In the case of this contract more resin was used than originally estimated for the year to treat water. As of September 17, 2021 the City has spent $167,091.29 on this contract and has outstanding invoices to complete the fiscal year that exceeds the initially approved amount. The request of $19,000 brings the not to exceed amount to $349,585.00 which will cover remaining invoices for the current fiscal year ending 20/21. The additional funding needed is budgeted in the operating account for Process Chemicals 401-2811-536- 52.35. Utilizing the Palm Beach County, Florida Sole Source Solicitation SS150985 with IXOM Watercare, Inc. Commission approved 1/19/2021 Renewal Term December 9, 2020 through December 8, 2021 satisfies the City's procurement process. How will this affect city programs or services? MI EX resin is a proprietary resin and is a sole source purchase needed for treatment and water quality at the East Water Treatment Plant. Fiscal Impact: The $19,000 is budgeted in the operating account for Process Chemicals 401-2811-536-52.35. Alternatives: Reduce water quality by not removing organics. Strategic Plan: Public Health and Safety Strategic Plan Application: Provision of best water quality to customers. Climate Action Application: N/A Is this a grant? No Page 372 of 453 Grant Amount: Contracts Vendor Name: IXOM Watercare, Inc. Start Date: 12/9/2020 End Date: 12/8/2021 Contract Value: $479,745.00 Minority Owned Contractor?: No Extension Available?: Extension Explanation: N/A Attachments: Type D Contract Description IXOM Contract Page 373 of 453 7.6. Consent Bids and Purchases Over $100,000 1/19/2021 City of Boynton Beach" �19 �' Agenda Item Request Form Commission Meeting Date: 1/19/2021 Requested Action by Commission: Proposed Resolution No. R21-019 - Approve and Authorize City Manager -to sign Agreement with IXOM Watercare, Inc. for the purchase of MI EX Doc Resin with an estimated annual expenditure of $330,585. Explanation of Request: IXOM Watercare, Inc. is the sole manufacturer and provider of its brand products, which are the only parts and components compatible with the existing Ixom equipment, including the Magnetic Ion Exchange (MI EX) treatment process equipment, used at the East Water Treatment Plant. The MI EX process removes organic compounds from the raw water obtained from the western wellfield. The Utility is seeking consent to piggyback the sole source contract from Palm Beach County, contract SS150985 with IXOM Watercare, Inc. Palm Beach County has complied with purchasing policies and considered IXOM Watercare, Inc. as the sole source provider of Doc Resin. Term: December 9, 2020 through December 8, 2021. How will this affect city programs or services? The use of the MI EX Doc Resin is required for the ongoing operation of the Magnetic Ion Exchange treatment process in order to provide high quality drinking water to the customers of Boynton Beach Utilities, Fiscal Impact: Budgeted Funding is available in Utility account 401-2811-536.52-35 Alternatives: Since the MI EX treatment process is an integral part of the East Water Treatment Plant, and IXOM Watercare, Inc. is the sole manufacturer and provider, there is no feasible alternative at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 988 of 1344 Page 374 of 453 EXHIBIT A CONTRACT DOCUMENTS BETWEEN PALM BEACH COUNTY, FLORIDA AND IXOM WATERCARE, INC. Page 5 JXOM Walemmm Ina W piggyback Ap=m=t Page 375 of 453 Board of County Commissioners Dave Kamer, Mayor Robert S. Weinrolh, Vice Mayor Hal R. Valeche Gregg K Weiss Mary Lou Merger Melissa McKinlay Mack Bernard County Administrator Verdenia C. Baker Purchashm Department www,pbc9ov.org/pumhasing m%w6wammammuuumwmr vwrv�¢¢rm�w�uuvuw uuumm uumuwmimmw�mimwmoiou iwwmwwwwmv�r ummu umiww.00.4womu�wammummi. iW�l!W mnumi wuu rssm"d; umimmwimumron reaw wrcoutt�mmuu ummmw�miwwuawmwuwmwmwuuurwlwws�wmuw!wuwwmx BOARD OF COUNTY COMMISSIONERS SOLE SOURCE SOLICITATION SOLICITATION #SSIPQ9851CC IXOM WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF, TERM CONTRACT DUE DATE: OCT BER 22020 AT 4:00 P. �...- It is the sole purpose and intent of this solicitation to secure a contract for Item(s) and/or services as listed herein. The sole source vendor is hereby placed on notice that acceptance of its response by Palm Beach County shall constitute a binding contract. This Solicitation, General Conditions, lnstructions; Special Conditions, Specifications, Attachments, Amendments (if issued), and/or any other referenced document form a part of this solicitation and response thereto, and by reference are made a part thereof, The sole source vendor shall be bound by all terms, conditions and requirements in these documents. Vendor shall notify Palm Beach County Purchasing Department immediately if the sole source status changes. SUBMIT SOLICITATION TO: Palm Beach County Purchasing Department Attention Buyer. Colleen Cardillo 50 South Military Trail, Suite 110 West Palm Beach, Florida 33415-3199 Phone: (561) 616-6839 Fax#: (561) 242-6739 E-mail: ccardiil@pbcgov.org Solicitation may be submitted via fax or e-mail. CAUTION 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 Departments Vendor Self Service (VSS) system which can be acceased at=iZ &* r q jal]] M i'°L 4d iU21" V w 121mcgiff l Noum. In accordance with the provisions of ADA, this document may be requested in an alternate format 50 South Milltary Trail, Suite 110, West Palm Beach, FL 33415-3199 (561) 616-6800 Page 376 of 453 GENERAL CONDITIONS, INSTRUCTIONS AND INFORMATION GENERAL CONDITIONS 1, GENERAL INFORMA71ON Vendor is advised that this package constitutes the complete set of specifications, terms, and conditions which forms the binding contract between Palm Beach Counly and the vendor. Changes to this solicitation may be made gobt by written amendment Issued by the County Purchasing [Department. Vendor is further advised to closely examine every section of this document, to ensure that all sequentiaty numbered pages are present. and to ensure that it is fully understood. Quesitons or requests for explanations or interpretations of this document must be submitted 10 the Purchasing Department contact. Vendor cori ies that its response is made without reliance an any Drat representations made by the County. The County's perdomnarnx and obligation to pay under this contract is c:onthhpent upon an annual appropriation by the Board of County Commissioners for subsequent fiscal years. 2. LEGAL REQUIREMENTS a. COMPLIANCECE Wrffl LAW-$ MQ CODES: Federal, State, County and local laws, ordinances, ruts and regulations that In any matter abed the items covered herein apply. Lack of knowledge by the vendor shall in no way be a cause for relief from responsibility. The vendor shad strictly comply with Federal, State and focal building and safety codes. Equipment shall meet all State and Federal Safety regulations, Vendor certifies that all products (materials, equipment, processes. or other items supplied In response to this solicitation) contained in its response meets ag ANSI, NFPA and all other Federal and State req uinernerits. Vendor further certifies that It the product delivered is subsequently found to be deficloni In any of the afommientianadd requieneruts in effect on data at delivery. all coats necessary to bring the product into compliance shall be borne by the vendor. Any toxic substance provided sa the County as a result of this sok4ation or resultant corNrad shah be accompanied by its Safety Data Sheet (SDS). The Uniform Commercial Code (Ftortda Statutes. Chapter 1372) sheil prsvacl as the basis for contractual obligations between the Vendor and Palm Beach County for any terms and conditions not specifically stated In the sobmatation. b. DISCRINW_110 PROHIBITED: Palm Beach County is committed to assuring equal opportunity In the award of eontrarts and complies with all laws prohibiting discrimination. Pursuant to Palm Beach County Resolution R,2t317-1770, as may be amended, the vendorwaments and represents that throughout the: term of the cordrael, hduding any renewals thereat, all of Its employees are boated equally during employment without regard to race. dolor, religion, disability, sex, age, national origh, ancestry, marital status, famuilal status. sexual Orientation, gender identity or expression, or genetic infomnabon. Failure to meat this requirement shall be considered a default of contract. c. INDEPIMNT CONTRACTOR RELATIONSHIP: The vendor Is, and shag be, In the performance of all work. services, and activities under tins Contact, an independard Contractor and not an employee, agent, or servant of the County. AN persons engaged in any of the work or services performed pursuant to this Centrad shall at all limes, and in all places, be sulod to the vendor's sada direclon, supervision, and oor" The vendor shag exercise c:ontrot over the means and manner in which It and its employees perform the worts, and in all respects the vendor's relationship, and the reladcru ttp of Its employees, to the County shall be that of an Independent Cartractor and not as employees or agents of the County. d. CRIatrINAL MT-ORY CORDS CHECK ORMHANCE. Pursuant to Palm Beach County Code Sedan 2-371 through 2.377, the Patin Beady County Criminal History Recede Check Onfmance ('Ordinance"). the County will conduct GngeMN be criminal history record dodo on all persons not employed by the Counly who repair, delver, or provide goals or services for, to, or an behalf of the County. A fingerprint based criminal history record check shad be PBge 2 conducted on all employees of vendors, cmdradas, and subcontractors of conimclats, Indurding repair persons and dativery parsons, who are unescorted when entering a fecm7ily determined to be either a critical facilty ("Critical Feciities*) or a cnrynnal justice information fa ili ly ("Gil Fsa'yfies"j, which are critical to the public safety and security of the County. County fadltifes that require this hethlened level of security are identified In ResoMon R-2003-1274, as amerWed. In October 2013, compliance with the requirements of the U. S. Federal Bureau of Invwkpatiorrs Cdl Secuift Policy was added to the Ordinance, which Includes a broad list of d isqualitying offenses, The vendor is solely responsible for understanding the iinandal, schedule, "orstaf irM Implicntions of this Ordnance. Further, the vendor acknowledges that its bid price includes arri and all direct or indked cosh associated with compliance of with tins Ordnance, except for the applicable FDLEiFBI fees that shall be paid by the County. PUBLIC ENTITY CRIMES, F. S. 287.133 requites Patin Beach County to notify all vendonc of the followlM., "A parson or affiliate who has bean placed on the convicted vendor list following a conviction for a public e ility crime may not submit a response on a contract with a pubic entity for the construction or repair of a public building or public work, may not submit aids on leases at real property to a pubic entity, may not be awarded or perform mark as a contractor, supplier. subcontractor, or consultant under a contract with any pubic eddy, and may not transact business with any public an* In exCess of the threshold amount provided Jn F.S. 287.017 for CATEGORY TWO for a period of 3s months from the date of being placed on the convicted vendor ist." f. NON--C9LLUSION: Vardar cartNies that it has entered into no agreement to commit a fraudulent, deceitful, untav". or wrangful act, or any add which may result in unfair advantage for one or more vendors over other vendors, Conviction for the Commission of any fraud or act of collusion in connection with any sale, bid, quotation, proposal or other ad Incident to doing bush%w with Palm Beach County may result In permanent debarment. No premiums, rebates or gralurlles are permtileed: either with, prior to or allerany delivery ofmatedal or provision of services. Anysudh violation may result in award car i ation, return of materials, discontinuation of services, remove! from the vendor bid fist(s), andfor debamten or suspension from doing busirvess with Palm Beach County. g. CONFLICT OF INTE The vendor represents that it presently has no Interest and shalt acquire no Interest, either dked or Indirect, which would conflict in any manner with the pertarmance or services mgttlred hemunder, as provided for In Chapter 112, Part 111, Florida Statutes and the Palm Beach County Code of Ethics. The vendor further represents that no person having arty corkdict of interest shad be employed for said performance or services. Vendor shall disclose with their response the name of any offkcer, director, at agent who is also an employee or a relative of an employee of Palm Beach County. Further, vendor stag disclose the Warne of arty County employee or relative of a County employee who owns, directly or indirectly, an interest of ten percent (10%) or more In the vendo's thin or aril of Its braid res. h. SUCCESSORS AND ASSIGNS: The County and the vendor each binds itself aid its successors and assigns to the other party in respect toad provisions of this Conrad. Neither the County nor the vendor shag assign, sublet, convey or transfer its Interest in this Contract without the prior written donseM of the other. L INDESIMFICATION: Regardless of the coverage pmrided by any insurance, the vender shah indemnify, save harmless and defend the County, its agents, servants. or employees from and against any and all claims, liability. losses andforeauses of a tion which may arise from any negligent act or ornkslon of the vendor, Its suhcomrdradors, agents, servants or emplayeas during the course of performing services or caused by the goads provided pursuant to this solicitation and/or resultant contrail. PUBLIC RECORD& ACCESS AND AUDITS The vendor agneas that carpies of any and BE property, work product docusnertlatdon, reports, computer systems and software, schedules, graphs, outlines, books, Page 377 of 453 manuals, Mm film dekwalkes, owlographs. videos, tape mcardinga ar data relating to the Contract which have been created as a part of the vendor's services or authorized by the COUNTY as a reimbursable expense, whether generated directly by the vendor, or by or in cor*#nc0on or consultation va any other party whether or not a party to the ConW4 whether or not in privity of contract wil the COON Y or to vendor, and whenever located shall be the property of the COUNTY. Any material submilted in response to this solicitation is considered a Pubic document in accordance with Section 119.07, F.S. This includes material whict the vendor might consider to be confidential. Ali wAm tted Information that the vendor believes to be corridantial and exempt from disclosure Co.. a trade secret or as provided forte Section 119.07 and Section 892.081, F.S.) must be specifically identified as such. Upas MOW of a public records request for such information, a deteradnallon will be made as to whether the WexNr w information is, in fact. confidential. The vendor shall maintain records related to all dwrges, ercperdw, and costs incurred in estimating and performing the work for at b=t five (3) years after completion or termination of tide Cor*ao. The County shag have access to such records as required In this Section for the purpose of Inspection or audit ging normal business hocrs, at the vendor's place of business. NOW91318ndkmg anything contolned herein, ve provided under Section 1111.0701, F.S., N the Venda: 0) providae a servhm; and (0) sofa on belief of the Courtly as provided under Section 119A11(2h F.S., the Vendorshall comply vdth the requirements arSection 119.0701. Florida Slags, as it may be amended horn roma to time. The Vendor is specilleally required to. - 2) o; 2) 3) 4) Keep and maintain public netwds that cmWorily and necessarily would be required by the County in order to perform the son tee; Upon request from the CourWs Custodian of Public Records ('County's Custodian') or the County's mpresentativeJFalson, an behalf of the County's Custodian. provide the County Wth a Copy of the requested meoorde or dhow fie records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119 oras otherwise pmvhtnd by law. The Venda further agrees that so foes. charges and expenses shalt be determined in accordance with Palm Beach County PPM CW -F- M Fees Associated with Pubic Records Requests. as it may be amended or replaced from time to ikne. Ensure that pubic records that are exempt, or confidential and exempt turn ptdtte ntWds disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and foikmtng c ompleton of the Canbad, N the Vendor does not transfarthe records to the pubge agency. 14bthing contained herein shag prevent the disclosure of or the proWslon of records to the County. Upon completion Of the Contract. the Venda shall transfer, at no cost to the County, all pct records in possession of the Vella unless ndiisd by ON County's reproeentetivelltetsonq an behalf of the County's Custodlo% to keep and maintain pubic records negWmd by the County to perform the service. If the Venda transfer$ all public reconk to the Coungr upon completion of the Contract, the Vendorshall destroy any duplicate public records that are exempt, or confidential and exempt from public records disclosure requiremergs. If the Vendor keeps and mebdoins pubic records upon completion of the Contract, the Vendor shag meet all applicable requirements for retaining pubic records Al records stored electronically by the Vendor must be provided to County, upon request of the County's Custodian or the Cram ly'repreftntalive/11819M on behalf of LW County's Cuslodlen, Ins formal that Is compatible wilInformation technology systems of the County, at no cost to the County. Vendor admowfetiges that it hes famillerized itseNwilh the r+equbemenls of Chapter 119. F. S., and other requirements of state law applicable to public records not spodkoiy set forth herein. Fetlure of the Vendor 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 this Contact. The County shag have the right to exercise any and all remedies ovaiable to it for breach of contact, Including but not limped to, the right to terminate for cause. Page 3 IF THE VENDOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE VENDOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, PLEASE CONTACT THE CUSTODIA OF PUBLIC RECORDS AT RECORDS REQUEST, PALM BEACH COUNTY PUBLIC AFFAIRS DEPARTMENT, 301 N. OLIVE AVENUE, WEST PALM BEACH, FL 334011 BY E- 1L AT EVIII'. fl ��.. �,. � � � OR BY TELEPHONE AT 561-355-6580. k 1NCOMORATiON. PRECEDME. JURISRHMON. GOVERNING LM. This solicitation shag be lincluded and Guarporated In the 8nst viand. The order of contractual precedence scroll be the solicitation document (original terms and conditions). response, and purchase order or term contract order. Any and ON legal action nary to erdoroe the award or the resultant c:oMraa shall be governed by the taws of the Slats of Rxida. Any legal action necessary to enforce the award or time resultant contract willbe hold in a count of competerd jwisdktlon located in Palm Beach Cmnly, Florida. L L EGA MEgUa ; The Comfy stall rot ba Gable to a vramdorfor any legal foes. cam costs. or other legal expanses arlsng from the Worprelaft or enforcement of Unix contract, or from any odor matter generated by or retailing to Urfa contract. m. N_d_iHIRO PARTY BEldMm r ; No provision of this Contract is Intended to, or shall be construed to. aerate any third party bendidary or to provide aryr rights to any person or enmity not a party to this Contract, including but not limited to any cffl m or employees of the Courcy andbrvendor. Ili . VA?, �. .!' ..,.I 11 SCR MNIZED COMPANIES: As provided In F.S. 287.135. by entering Into tivs Contact or performing any wo* in furtherance twwf, the Vendor corUBos that iL its atmos, 84111INKS. subcontractors and consultants who wig Perform hereunft have not green placed on the Saudrdzed Companies Owl Boycott Israel List, or is engaged in a boycott of Israel, pursues to F.S. 215 4725. Pursuant to F.S. 287.135(3xb), If Vandor Is found to have been placed an the Scruifted Companies that Boycott Israel List or is engaged in a boycott of Israel. the resulting Contract tan this Sole Source solicitation may be terminated at the option of Be County. 2) SCRUTINIZED COMPANIES {WHEN CONTRACT VALUE IS GREATER THAN 31 MILLIOW As Provided in F.S. 287.935. by entering into a Contract or periomhing mV work in M(luffanca hareof, the Vendorcar1ffes that it, Na 801811e8, Suppliers, Sub mitractas and consultards who wit perform hereunder, have not bow placed on the Sautirrized Companies With Activities h Sudan last or Srxutitd companies With Activities to The tram Petroleum Energy Sector List seated pursuant to F.S. 215A73, or is engaged In business operations in Cuba or Syria. If the Courtly detem*m. using credible Information available to the public. that a false certification has been submitted by Vendor. Page 378 of 453 , J�, r� i'Au; r ""fix ♦ ° ,�, */, ,� kin. r,v „ri' 7127 N,' �}" :M'1 Y;= ."l'XF' n�%, % Y' 1'x %'�, ':� �<i5/ �M M', d"1�•, s, . n Epi"i f,� 4 �" L;' � ;v fV 4�.•a4; i/, '^r4v „%<,i;,3 h,x ra""f ;, f ;: ,X„,(11 ':i,�v/ ,+� � ■ r PALM BEACH COUNTY DEPT.FINANCE BOX 4036 ;t✓vl"a ;M aU,': 'p'I�a ?'}fN D; :; XA, A,%, +f ti^/,',r a,i„'ai' #,1'?,. i A, 1, �,✓, ;;'I �'k.'i E; M. 1' f, i' "�' ;,i ;i ,. �� ,j "}";;, ",i4. „m. ,” } u 'JI' ;?; ,��# r >h+ Page 379 of 453 MHEM 7' O FOR CONVENiNIM, The Director of Purchift may. whenever the Warasts of the County so mire, terminate the cons rad, to whole or In part, for the convenience of the County. The Director of Purchasing shaft On Bva (6) days prior written notice of termination to to vendor, spediyint; the portions of the cortico to be terminated and when the taunkmiion is to became effective. If only portions of the contract are tenninaled, the vervor has the right to wilhwkw% without adverse action, from the entire tordract_ Unless directed differently in the notice of teantnegon, the vendor shall Ixxur no further obligations in connection with it* terminated work, and shall slop wok to the axiom spac%w and an the date given in the notice of termination. Additionally, unless directed may. dna vendor shall Iermlmhafa outstanding orders w for subcontracts related to the terminated work. g. smalF ' No remedy herein conferred upon any party is Handed to be exclusive of any otfher ramtedy, and each and every such remedy shall be cumulative and shall be in addition to every otrw remedy given heraunder now or hereafter existing at law, or In equity, by statute or otherwise. No single or partial exercise by any party of any right, pow, or remedy heretsmder ahs preclude any Other or furthest exercise theh. RENEWAL OPTION: The contrad shat! ire Ior ltvahre (12) months with lira option to mriewforfcur(4) addillonal twelve (121 month periods. The option for renewal shall only be exercised upon verification of continued sate source atones and upon mutual written agr+earnerd with all original !arms and conditions adhered to with no devistions. At the beginnirng of each of the four (4) hwahre (12) month option periods. the County may conaider a aingte annual price acQ ustmert to the unit price(s) based on new pricing from the vendor. Any renewal Including subsequent price ad)Aftents shall be subject to rho appropriation of funds by the Board of County Commisalonere. S. PAULA OEAQJU COUNTY OFFICE OF THE INSPECTOR GEhl M AUDIT REOtl1QEYENTB: Pun u mt to Palm Beach County Code, Section 2421 — 2-140, as amended. Palm Beach County's Offrce of Inspector General is audt fled to review past present and proposed County contracts, transactions, accounts, and records. The Inspector Gonarat's autimrily includes, but is not limited to, it* power to audit` Investigate, monitor, and Inspect the activities of endues contracting whh the County, or anyone acting on their behalf, in order to ensure comptionoe with contrad requirements and to dated corruption and fraud. Failure to cooperate with the Inspector General or Intesrfa ft with orfmpeding any investigation shall be a violation of Palm Beath County Code, Section 2-421 — 2.440, and punished pursuant to Section 125.69, Merida Statutes, in the same manner as a second dam misdemeanor. 6. ANNUAL A.PPROPRIATIOUS The County's performance and otdigation to pay under this cor>tract is contingent upon an annual appropriation by the Board of County Conrrissiorhers for subsequent fiscal yam. 7. CON UCT OF INTEREST Va KW represents that d presently has no interest and shall acquW no interest, either disci or indirect, which would conflict It any manner with dire performance or services required by this corttrad as provided for in Chapter 112. Part III, Florida Statutes end the Patin Beach Cotxriy Code of Ethics. Vendor !umbar represents that no person having arry canttict of Interest shall be employed for said performance or services. Vandons shall disclose the name or any officer, director, or agent who is also an employee or a relative of an employee of Palm Beads County Further, vendor shall disclose the name of any County employee or relative of a qty employee who owns. directly or Ixtireft an Interest of ten percent (10%) or mote in the vendor's firm or any of its tranches. THIS 13 THE END OF "GENERAL CONDITIONS " Page 5 Page 380 of 453 Page 6 �arvrurszm�mva� AN,wr.iia�i �,� nnwvurwe�;r�..�e'r�ar wF_wn�wu ,...rvirn,nrnu mur�y�unvrr�ur rvwwe.�..m rnuv��a.�rx-�v,�+uwm�Rm+aw;�rrsw mere »:wurdt'r+ mrvy�r n�q+Wuuvvmi�w7nsmsw� semen moo i rnnx vux�r�rva+iwrrer�rs,�ur�r�etiui°uv�m,�Floamuwwrrmmuuwmm�xmuYrwv�n%mwumwwtrav�wn�w:meom� mr,��« SPECIAL CONDITIONS 8. GENERALISPECIAL CONDITION PRECEDENCE In the event of conflict between General Conditions and Special Condition;, the provisions of the Special Conditions shall have precedence. 9. CRIMINAL II13TORY RECORDS CHECK This solicitation includes sites andfor buildings which have been designated as either "critical facir'dies" 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 unescarled 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 los 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 riot 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 tune; or 3) falls to make a good faith effort in attempting to comply with the badge retrieval policy. to. LAET110D OF ORE CJOAM A contract shall be issued for a term of iwgb% 1 months or until the estimated amount is expended. at the discretion of the County. The County will order on an "as needed" tresis. 11. LQA.-„POINT, The F.O.S. point shall be destination. Exact delivery point will be indicated on the term contract delivery order (DO). Vendor retains title and assumes all transportation charges, responsibility, liability and risk in transit, and shall be responsible for the filing of claims for loss or damages. 12. DEUVIERY Delivery shall be required within MW2n 111M calendar days attar receipt of term contract delivery order (DO) unless a modified delivery date has been requested by the vendor and approved in writing by the Purchasing Director or hislher designee. 13. AS SPECIFIED A term contract delivery order (DO) will be issued to the vendor with the understanding that all items delivered must meet the specifications herein. Palm Beach County will return, at the expense of the vendor, items not delivered as specified. 14. ESTIMATED_UPENDITURES The anticipated term of the contract to be awarded as a result of this solicitation is for t oho1121 months. The anticipated value during the contract term is $471,745.00. Palm Beach County reserves the right to increase or decrease the anticipated value as necessary to most actual requirements, and to rebid for the contracted goods and services at any time after the anticipated value of the contract has been reached, notwithstanding that the anticipated term has not been completed. Is. Only the referenced manufacturer will be considered. Page 381 of 453 Page 7 LL ff�i NJ L4 ilcj 1 1-4Z 1 - it 3= The vendor shall at all times guard against damage or loss to the property of Palm Beach County, the vendor's own property, and/or that of other contractors, and shall be held roolmsrale for replacing or repairing any such loss or damage. When applicable, the vendor shall provide fences, signs, barricades, flashing lights, etc., at no additional cost to the County, necessary to protect and secure the work site(s) and insure that all County, State of Florida, OSHA, and other applicable safely regulations are met. Additionally. vendor shall provide for the prompt removal of all debris from Palm Eh County property. Palm Beach County may withhold payment or make such deductions as deemed necessary to ensure reimbursement or replacement for lass or damage to property through negligence of the vendor or its agents. 17. INSURANCE BMW= It shall be the responsibility of the vendor to provide evidence of the following minimum amounts of insurance coverage to Palm, Beach County, do Purchasing Department, 50 South Military Trail, Suite 110, West Patin Beach, FL 33415, unless otherwise directed by the County. Subsequently, the vendor shall, during the term of the Confrack 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. Vendor shall maintain Commercial General Liability Insurance, or similar form, at a limb of liability not less than $500,000 Each Occurrence for Bodily Injury, Personal Irdury 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 Palms Beach County as an Additional Insured Business Auto Liability Insurance. Vendor shall maintain Business Auto Liability Insurance at a limit of liability not less than $500,000 Combined Single Limit Each Accident for all owned, non -owned, and hired automobiles. (In this context, the term "Autos' is interpreted to mean any land motor vehicle, trailer or semi trailer designed for travel on public roads.) In the event vendor neither owns nor leases automobiles, the Business Auto Uab ty requirement shall be amended allowing vendor to maintain only Hired & Non -Owned auto Liability and shall provide either an affidavit or a letter on company letterhead signed by the vendor indicating either the vendor does not own any vehicles, and If vehicles are acquired throughout the term of the contract, vendor agrees to purchase "Owned Auto" coverage as of the date of acquisition. This amended requirement may be satisfied by way of endorsement to the Commercial General Liability, or separate Business Auto coverage form. Workers' Compensation and Employer's Liability Insurance, Vendor shall maintain Workers' Compensation & Employer's Liability insurance in accordance with Florida Statute Chapter 440. A signed Certificate. or Certificates of Insurance, evidences that required insurance coverages have been procured by the vendor in the types and amounts required hereunder shag 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 pnwide required insurance shall render your bid non responsive. Except as to Business Auto, Workers' Compensation and Employer's Uabillty (arid Professional riablIity, when applicable), said Certificates) shall dearly confirm that coverage required by the contract has been endorsed to include Palm Beach County as an Additional Insured. Saki Certificates) of Insurance shall, to the extent allowable by the insurer, Include a minimum thirty (3t}) 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 Hoard of County Commissioners do Purchasing Department, 50 South Military Trall. Suite 110, West Palm Beach, FL 33415. It is the responsibility of the vendor to ensure that all required insurance coverages are maintained in force throughout the term of the contract Failure to maintain the required insurance shall be considered default of contract. All insurance must be acceptable to and approved by County as to form, types of coverage and acceptability of the insurers providing coverage. Vendor shah agree that all insurance coverage required herein shall be provided by Vendor to County on a primary basis. Page 382 of 453 Page 8 SOLE SOURCE SPECIFICATIONS SOLICITATION #SSI509 'rCer IX011+ti WATERCARE, INC, MIEX COC RESIN, PURCHASE AND DELIVERY OF, TERM CONTRACT Pu „ ., _ t °t The sole purpose and intent of this solicitation is to secure firm, fixed pricing and establish a term contract for the purchase and delivery of Ixom Watercare, Inc. Miex DOC Resin, for Patin Beach County. CURRENT DELIVERY LOCATION Palm Beach County Water Utilities Department WTP #2 2956 Pinehurst Drive West Palm Beach, FL 33467 Palm Beach County reserves the right to add or delete delivery locations during the term of this contract, including locations within the Glades area, at its sole discretion. COUNTY'S RESPONSIBILITIES The County shati: r Order on an as needed basis. • Be responsible far unloading of chemical deliveries. Operate plant according to plant operating manual provided by vendor and to maintain records of operating history and conditions during the tern of the contract. • Provide access to relevant records and calculations on request. VENDOR`S R $PONSIBILITIES The vendor shall: Provide chemical in 9000 titer Bulk packs (Totes) containing GWL of settled resin. COUNTY ACCT: PTANCE Payment shall be rendered ONLY upon the County's satisfaction acceptance of itern(s) delivered. Acceptance is defined as meeting all the terms, conditions and specifications as stated herein. FAW9K Payment is based upon the pricing offered on the response page and no additional compensation shaft be offered or paid. Price shall include, but not be 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 herein. Page 383 of 453 Page 9 SOLE SOURCE RESPONSE PAGE SOLICITATION #55,1,5„ 9"t MOM WATERCARE, INC. MIEX DOC RESIN, PURCHASE AND DELIVERY OF, TERM CONTRACT ITEM DESCRIPTION ESTIMATED UNIT UNIT TOTAL OFFER NO. 12 MONTH PRICE QUANTITY 7. IXOM WATERCAR INC. MIEX DDC REST � NAS SPECIFIED HEREIN 25 TOTE $14w292.001 300.00 Acknowledge Criminal History Records Check requirement, per Tenn #g? YESANITIAL RAC Acknowledge Insurance requirements, per Tenn #IZ? YESIINITIAL RAC PLEASE AFFIX SIGNATURE W, HERE INDICATED By signature on this document, vendor acknowledges and agrees that its offer includes and act all terms, conditions, and specifications of the County's solicitation, without exception, change or alteration of any kind, except as may have been amended by the County prior to the due date of this solicitation. FIRM NAME: (Enter the entire legal name of the bidding entity) DATE, Ixom Watercare Inc. Nov 12, 2020 L �µH. /ff,�A PRINT NAME: Randy A Cable *SIGNATURE PRINT TITLE: Commercial Director ADDRESS: 8.150 S Akron St., Ste 401 CITY I STATE Centennial, COZlP CODE 80112 „w ,..... ... TELEPHONE # ( 720 } 289-3739 E-MAIL: randy.cabW@Ixom.com EMERGENCY # ( 866 } 437-8076 FAX#: ( 303 } 768-7373 TOLL FREE # ( 888) 414-MIEX ...... �.....�.. APPLICABLE LICENSE(S) NUMBER # TYPE FEDERAL ID # 84-1574849 ��aW�............. . . ....RR..o�,� ,. ��,. , .... .. ��R..a.00�. ��.��.... m ..... ��. �.e............. ...... ,.,.�.m��o,�� Page 384 of 453 Nivahasing Department artm:ent "si Soii,Wi Mflftawv Trafl,, Sufte 1 1 %Y ter: p%fl nii Beach, 11 5341 31 (5�51�()lo-ilwu F;A (561) 2-12,167 ,144 December 8, 2020 Ixom Watercare, Inc. Randy Cable, Commercial Director 8150 S Akron Street, Suite 401 Centennial, CO 80112 Form L TERM CONTRACT #SS 1 50985 Dear Vendor: This Is to infonn you that Palm Beach County Board of County Commissioners ("County") ty") is g t with your company for IXOM kh�,,,,, i30.1ci, Coauty WATE CA E II�C., MIEX DOC REStNPURCHASE AND DELIVERY OF based on: ounR is entering into a Term Contract � WW Board of Comity CommissionorX [XI SOLE SOURCE SOLICITATION #S 75091)SI 13aepe Kerner, MayorCC Vendor shall notify Purchasing Immediately If the sole source status changes. Robert S. Weinroth, Vice Mayrar The term of this contract is 1210$12020, through 1210812D2'l, and has an estimated dollar RAI il, Valache value of $479 7!iOA. Gregg K. Wein If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Wary Wu Berger term of the contract, including any renewals or extensions thereof, Melissa McKinlay County User Departments will Issue Individual "Delivery Orders" against this contract as your authorization to deliver. The original Invµ ice must be sent to the address on Mack Bernard the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030306000000001111). 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 bidlquote/response must be exactly the Corurtty rit;hobtistrator same as It appears on the Invoice and in the County's VSS system that can be Verdenia C. Baker accessed at httos:#obcvssD.co.palm-beach.fl.ustwebaPD&ssp/AltSelfServical. Failure to comply with the foregoing may result In a delay In processing payment. If you have any questions, please contact Colleen Cardillo atecardillftbcaoy. w or (561) 616-6838. Sincerely, 1rl Kristen A. Mnnett Acting Director c: Vernetha Careen, Water Utilities 'Al rspal 014wortanio, File "I firawlive.lerfai► Cm bya" Pdnlad cn su rfabaW and ee y+;Derl pepex Page 385 of 453 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. Point of Contact and Title What other vendors were contacted? (List company name, contact, and phone number and explain why they were not suitable) or Service Product/Service Name Manufacturer Make/Model # MIEX Anion Exchan a ( Resin (for treatment g process) IXOM Watercere Inc. MIEX DOC Resin Price Authorization amount $ 330,525.00 ($14,292.00 / Tote) ............._... ......... _ Did you negotiate the terms or prices with the vendor? ❑ Yes ❑ No _ .............w. _._ ,...� .... _. M»_ .......... _ _ _ „ e. _. Why is this price considered to be fair and reasonable? 1 Page 386 of 453 Purchasing Division SolelSin�Ie„Source, Ju�t�ficatlon Form Will this purchase obligate the City to a particular vendor in the future? (Either in terms of maintenance, services, or re -purchase for compatibility reasons) ❑ Yes ❑ No This is a sole source because (choose any that apply): ® Sole provider of a licensed or patented good or service ® Single Source provider of items compatible with existing equipment, inventory, systems, programs, or services. ❑ Single Source provider of goods and services for which the city has established a standard. (new standards require the competitive solicitation process) ❑ Single Source of factory -authorized warranty service ❑ Sole provider of goods or services that will meet the specialized needs of the City or perform the Intended function (please detail below or reference an attachment). ❑ The vendor/distributor is the owner of used equipment that would represent a best -value purchase for the City and is advantageous to the City. (Please provide information on current market prices, availability, etc.) What necessary features does this vendor provide which are not available from other vendors? Please be specific. IXOM provides MIEX Resin for treatment process. Attach documentation to substantiate this sole source claim including but not limited to: vendor quotes, product manuals, sole source letters, and patents or copyrights. 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 own sullers that exist .�. ............. 1. Department Director ,k d' Aa&ijr,� January 5, 2021 p. ........... a.. Signature Date . ......._ . ...... .................... wwww 2. Purchasing Manager/Finance Director Based on the information provided in Sections A and B and the attached supporting documents, I recommend "/ do not recommend ❑ this being certified as a sole source. Requir' I not required ❑ to be advertised for a period of 7 business days before award. Sinatur�a .« ' .... .a... _..o. o......� Date ....... ;,.. K Page 387 of 453 September 16, 2020 Palm Beach County Water Utilities Department 8100 Forest Hill Blvd, West Palm Beach, FL 33416 Attn: Ms. Kristeena Pinto Subject: Sole Source Representative Dear Ms. Pinto: Ixom Watercare Inc. is the sole manufacturer of its products. Ixom Watercare, Inc. is the manufacturer and the exclusive representative for Ixom Watercare, Inc. within the state of Florida for the purchase of new products, OEM repair parts, repairs, and maintenance. 19111 No ff No other representative can sell products, repair/replacement parts, maintenance, repair/replacement services, field services and technical support for Ixom Watercare, Inc. Your contact for Ixom Watercare, Inc. is: Ellen Brewer, Purchasing Manager 8150 S Akron St, Ste 401 Centennial, CO 80112 If you have questions regarding this issue, please contact Ixom Watercare, Inc. at 303- 768-7340, Sincerely, Ellen Brewer Purchasing Manager Ixom Watercare, Inc. Ixom Watercam Inc. 8350 S. Am St, Ste 401 t,'entennial. CO 80317 X i rM r .l,,'s; Page 388 of 453 INTER -OFFICE COMMUNICATION PALM BEACH COUNTY TO: Kristen A. Monneft Acting FROM: Colleen Senior Buyer Form B R1111-11MALMMI, 0-11U Jul LIN --------------- UPPORT. Based o n stafrs knowledge of the marketplace, we believe this to be an accurate rM 4, • "MR •mom ♦ i[ months! • Based on the information provided to me, including the manufacturer's certification that they or their representative are the sole provider of this good or service, the user's certification that this is the only good or service which will suffice their needs, and a justifiable expectation that these conditions •changeforeseeable herebyapprove• f • of the subject good or service for a period not to exceed sixty months. The user department is responsible for monitoring the marketplace and, if the above described sole source conditions change, discontinue use of this sole source justification and procure the goods or services • •,, ActingKristen A. Mortheft, Director c: Vernetha Green, Water Utilitil .s Date Page 389 of 453 Water Utilities Department Administration 8 100 Forest Hill Blvd Date: September 16, 2020 1Vest Palin Beach. FL 33413 (561) 493-6000 To: Kathy Scarlett, Purchasing Director Fax: (561) 493-6008 www.1)bcwater.00m Thru: Kenny Rampersad, Director Finance and Administration From: Jim Stiles, Water Utilities Director Pahn Beach County Board of County Commissioners Subject: of Source: IXOM WATERCARE, INC. Dave Kerrier. Mayor ............................................w... Robert S. kk'einroth, Vice Nhiym The Water Utilities Department requests an extended sole source procurement lie] R. Valeche from IXOM WATERCARE, INC., for the purchase of manufactured brand products, OEM repair/rcplacemciit parts, repairs, and maintenance, based on the Gregg K, Wciss following sole source justification: Mary I_on Berger Melissa McKinlay Based upon our expertise and a comprehensive search of the market place, the purchase of manufactured brand products, OEM repair/replacement parts, repairs, Mack Bernard maintenance, repair/replacement services, field services and technical support offered by IXOM WATERCARE, INC, is required to be used in conjunction with existing equipment, IXOM WATERCARE, INC. provides the following unique characteristic that we require and to the best of our knowledge, no other County Administrator manufacturer can duplicate. Verdenia C. Baker IXOM AT E, INC, is the sole manufacturer and provider of its brand products, repairs, maintenance, and OEM replacement parts, which are the only parts and components compatible with the existing Ixom equipment, including the MIEX equipment system, used within our potable water process system to remove target contaminants; as required by Water Utilities. For the above documented reasons and the attached sole source supporting documentation from the manufacturer, I request that the purchase be considered for approval as sole source. An tqual "Qffi marive A(Iim# Empiq1'er" The sole source letter is attached. Page 390 of 453 9.A. City Manager's Report 9/21/2021 Requested Action by Commission: Discuss a date and time to hold a City Commission Workshop to review the first draft of the spending plan for the expenditure of ARPA funds. Explanation of Request: Should the Commission desire to hold a workshop, staff is recommending 3:30 pm on Tuesday, November 9th prior to the CRA meeting. 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 391 of 453 10.A. Unfinished Business 9/21/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-114 - Approve and authorize a second addendum to the Franchise Agreement with FLSC, LLC., for a textile recycling program and designate an allocation and use of funds policy for this contract. (Tabled from the September 8, 2021 City Commission Meeting.) Explanation of Request: On July 17, 2018 the City Commission authorized the City Manager to enter into a Franchise Agreement with FLSC, LLC, d/ b/ a Florida Textile Recycling Programs of Davie, Florida for a Textile Recycling Franchise, RFP No. 009-1210-18/IT, for an initial three (3) year term. The original Franchise Agreement was negotiated as a revenue generating agreement whereby FLSC, LLC., was to pay to the City a fixed monthly fee of $2,000.00 per bin (up to 50 bins), or $100,000.00 annually, whichever was greater for the exclusive right to implement a Textile Recycling Program for City-wide Franchise Program. At the June 2, 2020 City Commission meeting a proposal was made by the franchisee to modify the Franchise Agreement. The addendum to the agreement modified the franchise revenue from from 50 bins to the allowance of no more than 15 bins. In addition, FLSC, LLC. is only required to pay for bin locations that are on a property the month before. At the August 3rd, 2021 Commission Meeting the amended agreement was brought back to the City Commission under the same terms as $166.67 per bin per month or $2,000 annually per bin per location currently only having 10 bins. The item was tabled and staff was directed to renegotiate the renewal terms with the vendor. As a result, the vendor has agreed only to "make every attempt' in the last two years of the contract to install up to 20 bins. The attached addendum maintains the current franchise agreement at a rate of $175.11 per bin per month ($21,012.60 annually with CPI adjustment) (up to 15 bins) from the contract period August 7, 2021 through August 6, 2022. Thereafter, for the remaining term of the contract, FLSC, LLC, would "make every attempt" to increase the number of bins to 20, resulting in a potential annual revenue of $42,025.29. Additionally, the City Commission had requested designating a portion of these funds to be used towards specific projects. Funds collected last year were $20,000.00 for the bins in addition to the back payment amount of $31,667.69. At the August 3rd, 2021 Commission meeting, $1,800.00 of these funds were designated to Roots and Wings (Non -Profit Org.). Should the Commission desire to utilize a portion of these revenues as an additional source to their "Community Support Funds", a percentage should be identified. Allocation of these funds shall follow the same procedure as the Community Support Fund Policy (see attached) adopted by the Commission. How will this affect city programs or services? Reallocation of general revenue source to Community Support Funds. Page 392 of 453 Fiscal Impact: Anticipated annual revenue of $21,012.65 (10 bins) up to $42,205.29 (20 bins). Alternatives: Not approve renewed contract (therefore cancel) or renegotiate with vendor. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D lResolution D Addeinduirn D Afta6hirrient D Attachment Description Res6Utioin to Al1,)pirove S�ecoind Addeinduirn to R-.,Aile Il irain6hise Agireeirneint Second Addendum to Firainclhise Agreement lReine wnull I .etteir CornlMirfitySupport IFu..nrnd If::1oElcy Page 393 of 453 1 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 32 33 RESOLUTION NO. R21 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A SECOND AMENDMENT TO THE FRANCHISE AGREEMENT WITH FLSC, LLC., FOR A TEXTILE RECYCLING PROGRAM AND DESIGNATE THE USE OF FUNDS POLICY FOR THIS REVENUE GENERATING CONTRACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, On July 17, 2018 the City Commission authorized the City Manager to enter into a Franchise Agreement with FLSC, LLC, d/ b/ a Florida Textile Recycling Programs of Davie, Florida for a Textile Recycling Franchise, RFP No. 009- 1210- 18/ IT, for an initial three (3) year term; and WHEREAS, At the June 2, 2020 City Commission meeting a proposal was made by the franchisee to modify the Franchise Agreement. The addendum to the agreement modified the franchise revenue from from 50 bins to the allowance of no more than 15 bins. In addition, FLSC, LLC. is only required to pay for bin locations that are on a property the month before; and WHEREAS, The attached addendum puts into place the current franchise agreement at a rate of $175.11 per bin per month ($2,101.26 annually with CPI adjustment) (up to 15 bins) from the contract period August 7, 2021 through August 6, 2022. The additional contract years from August 7, 2022 through August 6, 2024 would make every attempt to increase the amount of bins that could be put out to at least 20 bins but no more than 50, resulting in approximate revenue increase of $42,025.29 annually plus CPI, whichever is greater; and WHEREAS, this is a revenue generating contract and the City Commission has requested designating a portion of these funds to be used towards specific projects; and WHEREAS, allocation of funds from this revenue generating contract would follow the same policy as the Community Support Funds and would have to be approved by Commission before being expended. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: S:\CA\RESO\Agreements\Second Addendum To Textile Franchise Agreement - Reso.Docx Page 394 of 453 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 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 approves and authorizes the City Manager to sign a Second Addendum to Franchise Agreement with FLSC, LLC., for a textile recycling program and designate the use of funds policy for this revenue generating contract, a copy of the Second Addendum is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 8th day of September, 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:\CA\RESO\Agreements\Second Addendum To Textile Franchise Agreement - Reso.Docx YES NO Page 395 of 453 SECOND ADDENDUM TO FRANCHISE AGREEMENT This Second Addendum ("Addendum") to the Franchise Agreement ("Agreement") between the City Of Boynton Beach, Florida and FLSC, LLC for textile recycling and collection is entered into this 8thth day of September, 2021. WHEREAS, the CITY issued a Request for Proposals for the operation of a Textile Recycling and Collection Franchise; and WHEREAS, the CONTRACTOR, in response to the RFP (009-1210-18/IT), submitted a proposal which was relied upon by the CITY in selecting the CONTRACTOR to operate the Textile Recycling and Collection Franchise; and WHEREAS, the CONTRACTOR encountered operational challenges which resulted in an inability to make timely franchise fee payments; and WHEREAS, Contractor has proposed new terms and conditions of the Agreement which the City is amenable to as hereinafter set forth and shown as amendment to specific section of the Agreement. NOW THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION of the mutual terms, conditions, promises, covenants, and payments hereinafter set forth, CITY and CONTRACTOR agree to the amendments of the Agreement as follows. H. Collection Bin shall mean any metal receptacle, with a defined capacity equal to a maximum of 800 pounds designed or intended to be manually dumped into a loader - packer type collection truck. All such Containers must be clearly marked in a manner that identifies it as a Textile Recycling receptacle (a/k/a collection receptacle) so as to prohibit their use for the disposal of other solid waste, medical waste, hazardous waste or foreign objects. The receptacle shall display the CITY logo and CONTRACTOR information, including the name, telephone number, and physical address of the business. CONTRACTOR shall put the following statement on each collection receptacle: "This is not a charity. Textile recycling collections made here support a for- profit business and are not tax deductible." In addition, these containers shall include a notification system that will help limit the number of container pickups. The quantity, style and color(s) of the Textile Recycling Collection Receptacles shall be approved by the City Manager or his/her designated representative(s). K. Contract Year shall begin on A u g u s t 6, 2 0 2 1 at 12:00 a.m., EST, through August 7th, 2022 at 11:59p.m., EST. Each subsequent year shall begin on August 6th. and end on August 7th. The Agreement ends August 5, 2024 with an option to renew for an additional 3 year term. 100379799.2 306-90018211 1 Page 396 of 453 3.2 COLLECTION BIN LOCATIONS Upon contract execution, CONTRACTOR must make every attempt to erect, in the second year of the contract, at least 20 collection bins, but no more than 50 collection bins, in consideration for the annualized Franchise Fee with the annualized CPI Increase. Year one of the contract will remain at the annualized Franchise Fee with the CPI Increase ("$2101.26 per bin location per year ($175.11 per bin location per month)"), at no more than 15 bin locations, on approved CITY or private properties. Contractor will only pay for bin locations that are on a property the month before. The City Manager or his/her designated representative(s) must approve of all proposed containers prior to placement. The day bin trucks shall be utilized at a maximum of 4 high volume locations and may be in operation from 9:OOAM-5:OOPM daily. These trucks must be attended and removed daily. No overnight parking is permitted. The City Manager or his/her designated representative(s) reserves the right to deny the CONTRACTOR's collection bins access to certain public lands inside the CITY where it is in the best interest of the general public to do so due to conditions of such areas, including aesthetics, streets and traffic flow. The CONTRACTOR shall use best efforts to not interrupt the quality of life for any residents. No collection of any Textile Recycling Collection Bin may be undertaken before 7:OOA.M. or after 7:OOP.M. on any week day and no collection may occur on any Saturday, Sunday or Holiday. CONTRACTOR may seek exemption for collection regulations found herein from the City Manager or his/her designee if it can be shown that no deleterious impact upon Boynton Beach residents will occur. Prior to its placement of a Textile Recycling Collection Bin on a CITY -OWNED property, CONTRACTOR shall request and receive the written approval of the CITY for any Public Property location placement; Prior to the placement of any Textile Recycling Collection Bin on privately -owned property, the CONTRACTOR shall submit written authorization from the Private Property Owner permitting said placement that shall be submitted to the CITY prior to the approval of any private property location. SECTION 4: FRANCHISE AGREEMENT TERMS 4.1 FRANCHISE FEES The Franchise Fees I Payments shall be paid as follows: CONTRACTOR will pay annually to the CITY $2,101.26 per bin location (with CPI adjustment) as Guaranteed Annual Revenue. The Guaranteed Annual Revenue will be paid on a prorated basis with a $175.11 per bin location per month payment due the first day of each month during the Term of this Agreement. Commencing A u g u s t 7, 2 0 2 1 through August 6, 2022. For subsequent renewal years August 7, 2022- August 6, 2024 the guaranteed revenue stated above, 100379799.2 306-90018211 2 Page 397 of 453 will be adjusted in accordance with the Consumer Price Index- All Urban Consumers' (Series IDCUURA320SAO and CUUSA320SAO) for Miami -Fort Lauderdale as published by the US Department of Labor, Bureau of Labor Statistics, or successor agency. The vendor will make every attempt to increase from fifteen (15) bins to at minimum twenty (20) (no more than 50) in years two through four of this current addendum. If the agreement is terminated the parties agree that any payments due, will be prorated to the actual termination date. SECTION 18: PRIOR AGREEMENTS SUPERSEDED This Addendum, together with the Agreement represents the final and complete understanding of the parties and incorporates or supersedes all prior negotiations, correspondence, conversations, agreements, and understandings applicable to the matters contained herein. The parties agree that there is no commitment, agreement, or understanding concerning the subject matter of this Addendum and the Agreement that is not contained in this written document. Accordingly, the parties agree that no deviation from the terms hereof shall be predicated upon any prior representation or agreement, whether oral or written. All other terms and conditions set forth in the Agreement, except as modified in this Addendum. will remain in full force and effect for the term of the Agreement IN WITNESS WHEREOF, the parties have caused these presents to be executed and attested to by their duly authorized officers or representatives and their official seals to be affixed hereon, the day and year first above written. Attest: CITY OF BOYNTON BEACH, FLORIDA By: Crystal Gibson, MMC, City Clerk Lori LaVerriere, City Manager Approved as to form and legality by Office of the CITY Attorney C James A. Cherof, CITY Attorney 100379799.2 306-90018211 3 day of , 2021 Page 398 of 453 CONTRACTOR WITNESSES: FLSC, LLC Signature Print Name and Title Print Name and Title day of , 2021 day of , 2021 Signature Print Name and Title day of , 2021 STATE OF FLORIDA COUNTY OF BEFORE ME, an officer duly authorized by law to administer oaths and take acknowledgments, personally appeared by means of ❑ physical presence or ❑ online notarization, as , of FLSC, LLC., an organization authorized to do business in the State of Florida, and acknowledged executed the foregoing Contract as the proper official of FLSC, LLC., for the use and purposes mentioned in it and affixed the official seal of the corporation, and that the instrument is the act and deed of that corporation. He/she is personally known to me, or has produced as identification. IN WITNESS OF THE FOREGOING, I have set my hand and official seal in the State and County aforesaid on this day of , 2021. My Commission Expires 100379799.2 306-90018211 NOTARY PUBLIC Ei Page 399 of 453 Tile City Of Boyntonbac h August 26, 2,021 FinancelPro(Vr'eillent SerMces 100, E. Ocean Avenue Boynton Beach, Ft 33435 R0. Box,310 Boynton Beach, Florida,33425-01310 Telephone No: (561) 742-6310 Marc Douglas, Managing Member FLSC, LLC. d/b/a F1 ORIDA Textfle Recychng Progranis 3911 SW'47th Avenue Suite 903 Davie, Florida 333,114 , , VIA EMAIL TRANSMITTAL TO� niarcatextile ='= Z_--pno, r�,, , 'Orn RPF.,. TEXTILE RECYCLIIN:G AND, COLLECTION PROGRAM RFP No.: 009-1210-1811T CURRENT AGREEMENT TERM: AUGUST7,2018—AUGUST6,2021 Dear Mr. Douglas' The current agreement term for "TEXTILE RECYCLlNG AND COLLECT110N PROGRAM" expire-, August 6, 2'021 'The agreement documents allow, for one (1�) additional three (3) year extensbn The City of Boynton Beach would 1lke to extend the agreement renewal for the adcIftional three-year period with the attached terms, conditions, and pincingi. Please indicate your response on the following page and return it to, Procurement Services, via email to praittpcfj.u� at your eairliest convenience,, If you should have any questions, pilease do not hes,ita,te to �ff_ contact Taralyn Pratt, Contract Administrator at (561) 742-6308, Sincerely, Mara Frederiksein Director of Financial Services Is Arnierica's Gateway to the Guff Stream Page 400 of 453 Tile City of BoyntonReece August 26111, 2021 FinoncelProcurement Services I ODE. Ocean Avenue Boynton Beach, FL 33435 R 0, Box 310 Boynton Beach, Florida 33425-0320 Telephone No: (561), 742-6310 RFP No.: 033-2730-18/IT Agreement between the City of Boynton Beach, and FLSC, LLC a Florida limited liability company, d/bla Florida Textile Recycling Programs. AGREEMENT RENEWAL TERM. AUGUST 7, 2021 —AUGUST6,2024 11 Yes,, I agree to renew the existing agreement Linder the second addencluim conciftions, andl pricing for an additional three-year term, No, I do, not wish to renew the bid for the following reason(s) WROGRAMS _00- 11 00--2 PP7_7 il ............. NAME OF COMPANY t #NM E &OF REPRE S EN WA T 6V V (please print) DATE TITLP FRIN W0169i 01 =a IQ Ito 2: America's Gateway to the Gulf Stream Page 401 of 453 R15-055 CITY OF BOYNTON BEACH COMMUNITY SUPPORT FUNDS POLICY PURPOSE: The purpose of the Community Support Funds (CSF) is to provide a source of discretionary funding to support projects, programs and activities in the City which are accessible and beneficial to the citizens of the City. Due to the broad and diverse nature of programs or projects that may be eligible for funding from the Community Support Funds, no specific list of eligible projects, programs, or activities is appropriate. SCOPE: This policy recognizes that there is a specific line item in the City Commission portion of the City's annual budget. Each year, in the annual budget adoption process, the City Commission shall consider an appropriation for Community Support Funds. The Commission is not required to appropriate Community Support Funds but when it does, the amount appropriated, if any, shall be available for distribution by the Mayor and City Commissioners in equal amounts only for qualified programs or projects. By way of example: If the Commission budgets $10,000, the Mayor and each Commissioner may request distributions up to $2,000 for the year that the funds are appropriated. CRITERIA FOR ELIGIBILITY: Eligibility for funding shall be conditioned on a finding by the City Commission that: 1. Public funds should not be used to improve private property unless there is a clear public need, purpose and benefit; and 2. The recipient/payee will use 100% of the funds to provide services within the City; and 3. The public purpose is beneficial to the entire community served by such donation and to the City as a whole; and 4. Proper safeguards shall be implemented by the City administration to assure that the funds will be used for the stated purpose, such as: a. Prior to receiving any funds, the recipient must complete a W-9 Request for Taxpayer Identification Number Form in order to be added to the City's vendor list. b. Within 60 days of receipt of funds, the recipient must provide the Finance Director appropriate backup documentation demonstrating the funds were used for the stated purpose approved by the Commission. c. Should the recipient fail to submit the appropriate documentation within the allotted time, the City Commission may deem the recipient ineligible for any future funding. The findings of the City Commission as to each of these required elements shall be inferred from the Commission's approval or disapproval of the requested distribution without the need for separate findings. PROCEDURE FOR CONSIDERATION OF EXPENDITURES: The procedures for C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8C08-BF91FC08DBBC\Boynton Beach.28052.1.Comm u nity_Support_Fu ns_Pol icy.2015_(002).doc Page 402 of 453 R15-055 expenditures from the Community Support Funds are as follows: 1. The Mayor or any member of the City Commission shall make a request to the City Clerk for the expenditure of funds. The requesting member of the City Commission must have a written request from the entity seeking funds. The written request must contain a narrative explanation indicating how the funds will be used and an affirmative acknowledgement that the requestor understands and will comply with the above listed conditions for eligibility and use. The written request will be forwarded to the City Commission along with Exhibit "A" (see Step 2). 2. The City Clerk shall complete a Community Support Fund Request Form (form attached as Exhibit "A") and confirm the funds are available with the Finance Director. 3. If the appropriate funds are available, the City Clerk will schedule the matter to be considered by the City Commission at the next scheduled City Commission meeting under New Business. 4. The City Commission shall act on the request for expenditure by approving or disapproving the agenda item. A majority vote is required for approval of the expenditure. DISCRETIONARY NATURE OF COMMISSION ACTION: The decision of the City Commission to approve or disapprove a requested distribution of Community Support Funds is discretionary and is not subject to appeal, review or challenge. C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8C08-BF91FC08DBBC\Boynton Beach.28052.1.Comm u nity_Support_Fu ns_Pol icy.2015_(002).doc Page 403 of 453 R15-055 EXHIBIT "A" COMMUNITY SUPPORT FUNDS REQUEST FORM Part I - Summary of Request (to be completed by City Clerk) Date of Request: Requested by Mayor/Commissioner: Amount Requested: Ell Recipient/Payee: Description of project, program, or activity to be funded: Part II - Availability of funds The annual appropriation of funds available to the requesting Member of the Commission listed above is $ The balance of funds available for the requesting Member of the Commission is Accordingly: There are funds available as requested There are insufficient funds available as requested Dated: By: City 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: C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8C08-BF91FC08DBBC\Boynton Beach.28052.1.Comm u nity_Support_Fu ns_Pol icy.2015_(002).doc Page 404 of 453 R15-055 Requesting Member of the City Commission C:\Program Files (x86)\neevia.com\docConverterPro\temp\NVDC\OE7CE165-B3B9-48F7-8CO8-BF91FC08DBBC\Boynton Beach.28052.1.Comm u nity_Support_Fu ns_Pol icy.2015_(002).doc Page 405 of 453 11.A. New Business 9/21/2021 Requested Action by Commission: Proposed Resolution No. R21-133 - Authorizing the City to set rates, fees and charges for Water, Wastewater, Stormwater, Reuse Water, and District Energy Chilled Water for the upcoming Fiscal Year 2021-22. Explanation of Request: Based on the approved Ordinance 18-020, Utility rates and charges for; water, wastewater, stormwater, and reuse water and Ordinance 19-028 for Chilled Water, are implemented by resolution of the City Commission annually during the Budget adoption process. The Utility management reviewed the rates, fees and charges. Utility staff presented the rate adjustments to City Commission during the FY 21/22 Budget workshops. The proposed rates are included as part of the FY 21/22 Proposed Budget. Such Rates shall become effective October 1 of each year. Rate adjustment notices, outlining changes were sent to all customers in August utility bills in accordance with FS 180.136. A public notice was also posted on the City's web page www.boynton-beach.org/public-notices. The following tables provides the Boynton Beach Utility Rates, Fees and Charges for the FY 21/22 Budget year. WATER RATES (Inside City) \A/ATC MA -=O /l:4..\ Page 406 of 453 Water Inside City Commercial Base Monthly Charge $25.81 $25.81 per unit Commodity Charge per 1,000 gallons (Water Inside City Commercial Tier 1 (0-9,000) $1.72 $1.72 (Water Inside City Commercial Tier 2 (9,001-30,000) $3.09 $3.09 Water Inside City Commercial Tier 3 (30,001- $4.13 $4.13 50,000) Water Inside City Commercial Tier 4 (>50,001) $5.09 $5.09 �; •r oow �uu.� .. I�uuuu Illlmu�( (��Illl�o�� uulllll� i�hiii�i i ill imi Vi Water Inside City Residential Base Monthly Charge $12.90 $12.90 per unit Commodity Charge per 1,000 gallons Water Inside City Residential Tier 1 (0-9,000) $1.72 $1.72 Water Inside City Residential Tier 2 (9,001-30,000) $3.09 $3.09 Water Inside City Residential Tier 3 (30,001-50,000) $4.13 $4.13 Water Inside City Residential Tier 4 (>50,001) $5.09 $5.09 \A/ATC MA -=O /l:4..\ Page 406 of 453 vvr%i arc rvyi L --o wuLal uc CRY) Water Outside City Commercial Base Monthly Charge $32.27 $32.27 per unit Commodity Charge per 1,000 gallons Water Outside City Commercial Tier 1 (0-9,000) $2.16 $2.16 Water Outside City Commercial Tier 2 (9,001-30,000) $3.88 $3.88 Water Outside City Commercial Tier 3 (30,001-50,000) $5.16 $5.16 Water Outside City Commercial Tier 4 (>50,001) $6.35 $6.35 Water Outside City Residential Base Monthly Charge $16.14 $16.14 per unit Commodity Charge per 1,000 gallons Water Outside City Residential Tier 1 (0-9,000) $2.16 $2.16 Water Outside City Residential Tier 2 (9,001-30,000) $3.88 $3.88 Water Outside City Residential Tier 3 (30,001-50,000) $5.16 $5.16 Water Outside City Residential Tier 4 (>50,001) $6.35 $6.35 WASTEWATER RATES (Inside Ci Accounts w/ No Water nside City Both R/1-}— $34.24 $34.92 Inside City Both Base Monthly Charge $18.95 $19.33 per unit Sewer Commodity Inside City Both (based on metered $2.18 $2.22 water, Residential caps at 7,000 gallons) STORMWATER. REUSE & CHILLED WATER RATES Page 407 of 453 Previous Data of the last 5 Years Listed Below for Reference: How will this affect city programs or services? This will allow the utility to continue to provide reliable high quality water, wastewater, stormwater, reuse water and chilled water service to the City Utility customers. Fiscal Impact: These adjusted rates are in line with the budget projections and were discussed during the budgeting process. Alternatives: Not approve the rate adjustments and make appropriate adjustments to the utility budget. Strategic Plan: Page 408 of 453 JCVM1 1,VIIII1IVUIly euse All All demand /1k gal. $0.38 $0.40 metered water) Sewer Commodity euse All All (Scheduled/1 k gal. $0.26 $0.28 metered water) ES Chilled All later All Capacity Charge / Ton $30.00 $30.00 ES Chilled All All Consumption Rate / $0.24 $0.24 later Ton -Hour Previous Data of the last 5 Years Listed Below for Reference: How will this affect city programs or services? This will allow the utility to continue to provide reliable high quality water, wastewater, stormwater, reuse water and chilled water service to the City Utility customers. Fiscal Impact: These adjusted rates are in line with the budget projections and were discussed during the budgeting process. Alternatives: Not approve the rate adjustments and make appropriate adjustments to the utility budget. Strategic Plan: Page 408 of 453 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D ReSOIL.4ion Description Resolution q1',-.)piroAing L.Rility lRates for IFY 2021 2022 Page 409 of 453 1 RESOLUTION NO. R21- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 AUTHORIZING THE CITY TO SET RATES, FEES AND CHARGES 5 FOR WATER, WASTEWATER, STORMWATER, REUSE WATER, 6 AND DISTRICT ENERGY CHILLED WATER FOR FISCAL YEAR 7 2021-22; AND PROVIDING AN EFFECTIVE DATE. 8 9 10 WHEREAS, Ordinance No. 18-020 of the City of Boynton Beach provides for the 11 establishment of utility fees, rates and charges; including miscellaneous service charges, utility 12 capacity fees, and other conditions related to utility services by resolution annually during the 13 Budget adoption process; and 14 WHEREAS, The City of Boynton Beach requires sufficient funds for operation and 15 maintenance, replacement costs, capital improvements and debt service; and 16 WHEREAS, A Uniform Schedule of Charges is to be updated by resolution of the City 17 Commission. 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 19 BOYNTON BEACH, FLORIDA, THAT: 20 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 21 being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 Section 2. The City Commission does hereby find that the Uniform Schedule of 24 Charges attached hereto as Exhibit "A", represents fair and reasonable sums assessed to 25 provide the use or reasonable availabity for use, of the services and facilities of the Boynton 26 Beach Utility System, by each user receiving service and adopts Exhibit "A" as the Boynton S:ACA\RESO\Utility Rates 2021-22 - Reso.doex Page 410 of 453 27 Beach Utility Rates, Fees and Charges for the FY 21/22. 28 Section 3. This Resolution shall take effect October 1, 2021. 29 30 PASSED AND ADOPTED this 21st day of September, 2021. 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 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\Utility Rates 2021-22 - Reso.doex VOTE YES NO Page 411 of 453 EXHIBIT "A" Boynton Beach Utilities Rate Schedule Effective October 1, 2021 The following tables provide the Boynton Beach Utility Rate Schedule for FY 2020/21. Wastewater Collection Location No Change Accounts with Base Facility Charge Consumption/K gals All $7.50 No Water Potable Water Residential $34.92 $19.33 $2.22 Inside City Base Facility $34.92 Consumption Charge Residential 0-9K gal/ 10-30K gal/ 30-50K gal/ >50K gal/ Location Class Charge Month Month Month Month Residential $12.90 $1.72 $3.09 $4.13 $5.09 Inside City Commercial $25.81 $1.72 $3.09 $4.13 $5.09 Residential $16.14 $2.16 $3.88 $5.16 $6.35 Outside City Commercial $32.27 $2.16 $3.88 $5.16 $6.35 Wastewater Collection Location Class Accounts with Base Facility Charge Consumption/K gals All $7.50 No Water Residential Max 7K gal Residential $34.92 $19.33 $2.22 Inside City Commercial $34.92 $19.33 $2.22 Residential $43.67 $24.20 $2.78 Outside City Commercial $43.67 $24.20 $2.78 Stormwater Location Class Monthly Charge / ERU All All $7.50 Reuse Water Location Class Charge Type Consumption / K gal All All On Demand $0.40 All All Scheduled $0.28 No Change Chilled Water Location Class Charge /Ton Consumption / Ton -Hour All All $30.00 $0.24 Page 412 of 453 11.B. New Business 9/21/2021 Requested Action by Commission: Consider and approve authorizing use of American Rescue Plan Act (ARPA) funds to provide a monetary incentive of $500.00 to each City employee who is fully vaccinated on or by November 15, 2021 for an appro)amate cost of $400,000.00. This incentive is subject to collective bargaining. Explanation of Request: Pursuant to the U.S. Department of Treasury's interim final rule for Coronavirus State and Local Fiscal Recovery Funds [31 CFR Part 35], funds may be used for COVID-19 response and prevention. As of September 13, 2021, the following chart reflects the number of employees by department who have submitted proof of vaccination: Department Employees Vaccinated % City Clerk 6 4 67% City Manager & Legal 11 10 91% Community Standards 18 5 28% Development/Econ Dev 31 16 52% Finance 22 14 64% Fire Rescue 135 44 33% Golf 31 21 68% Human Resources & Risk 9 8 89% nformation Technology 14 7 50% Library 32 24 75% Police - Communications 15 5 33% Police - Professional 39 17 44% Police- Sworn LEOs 146 45 31% Public Works 98 22 22% Recreation and Parks 63 17 27% Utilities 114 43 38% TOTAL 784 302 39% Due to less than 40% of the employee population being vaccinated, staff is recommending offering a $500.00 vaccination incentive, which is the same amount that the City of Delray Beach and the City of West Palm Beach are providing to their employees. Additionally the Clerk of the Courts has provided a $500 incentive and Broward County just instituted a program for $500 per employee. How will this affect city programs or services? The Biden Administration encourages the use of ARPA funds to incentive people to become vaccinated. Offering an incentive may help to encourage more employees to voluntarily become vaccinated. Page 413 of 453 Fiscal Impact: The total funding necessary if all employees were to be fully vaccinated on or by November 15, 2021 would be approximately $400,000. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 414 of 453 11.C. New Business 9/21/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/21/2021 Requested Action by Commission: Discussion on amending the disposition process for Real Property owned by the City. Explanation of Request: Staff have prepared two (2) options for discussion by the City Commission. Option 1 - A simple edit of the e)dsting language in section 2-56 (C) Real Property Option 2 - New draft language to replace section 2-56 (C) Real Property How will this affect city programs or services? Both options will provide for a well defined and transparent process to dispose of City owned Real Property. Fiscal Impact: None. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Exhibit Option 1 1::Rewrile of Sec�.Join 2 56 (C) 11=Real Piropeirty D Exhibit Option 2 Draft sale of realr.)ir,qr.)E'Nri[y process Page 415 of 453 Sec. 2-56. Purchasing agent, selection, duties; competitive bidding. (a) The city commission shall appoint an officer or employee of the city, other than a member of the city commission, as purchasing agent for the city who shall be responsible for the purchase of all supplies, materials, equipment and other articles used by the municipal government. All purchases or sales of city property shall be subject to the approval of the city commission and shall conform to such regulations as the city commission may from time to time prescribe. (b) Personal property, commodities and services. Except as provided in section 2- 56.1 all purchases or sales of personal property, commodities and services involving amounts referenced in the city's purchasing policy, or construction involving amounts referenced in the city's purchasing policy, shall be made only after the publishing of an advertisement of bids thereon in a newspaper of general circulation in the city at least one (1) time, not less than ten (10) days prior to the date set for the reception of such bids, together with such other notice as the Commission may direct. The City Commission shall have the power to reject any and all bids submitted and received, and to waive any informalities in connection with such bidding. (c) Real property. Real property may only be sold after the City has declared the property is surplus and a request for proposals or invitation to bid has been issued.. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the City Commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. (d) The foregoing provision for sale of real property does not apply to real property located within the city's community redevelopment area if the property was acquired by the city for the purposes of community redevelopment or if the sale of the property will facilitate redevelopment consistent with the CRA plan; or if the sale of the property will facilitate restoration of a property which the City Commission deems to be historic, even in those cases where historic designation by the State of Florida, Palm Beach County, or pursuant to a federal historic designation program has not occurred or is pending. (Ord. No. 90-54, § 3, 11-20-90; Ord. No. 97-45, § 1, 9-2-97; Ord. No. 01-66, § 1, 1-2-02; Ord. No. 03-002, § 1, 2-18-03; Ord. No. 12-009, § 2, 5-15-12; Ord. No. 12-024, § 2, 12- 18-12; Ord. No. 21-013, § 2, 4-20-21) 100469264.1306-90018211 Page 416 of 453 Disposal of city real property. (a) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap any real property, improved or unimproved, now owned or hereafter acquired by or owned by the city, as provided herein. These procedures supplement any other procedures that may now or in the future be applicable as provided by law or regulation. (b) Disposal of property which is sufficient in size and of such character as to comprise an independent building site and which will involve a conveyance of the city's fee simple interest. These parcels typically enjoy access to a public right-of-way, and are developable as building sites. (1) Resolution declaring surplus. Before any improved or unimproved property owned by the city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body shall adopt a resolution declaring same surplus. (2) Determination concerning surplus. a. The city governing body shall review and consider the following: 1. The legal description (by reference to a recorded plat or government survey); 2. The property address by street number, if there be any; 3. A description of all improvements located upon the land; 4. How said land has been used since same has belonged to the city; 5. The current use of the property; 6. How the property was acquired and financed; 7. The needs of the city; 8. Whether disposal is consistent with the city comprehensive plan; 9. The estimated property value; 10. Any relevant property history; 11. The property's title; and 12. Whether the disposal of the property is precluded by grant provisions of other agencies. (3) Public hearing. The city governing body shall hold one (1) public hearing prior to adopting a resolution declaring property as surplus. An advertisement for such public hearing shall appear once in a newspaper of general circulation at least ten (10) days prior to the hearing. The advertisement will contain the resolution title and the date, time and place of the hearing. The city clerk shall advertise the proposed resolution for public hearing by placing it on the city council agenda and posting such agenda at least three (3) business days prior to the city council meeting. (4) When appraisals are needed. a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by two (2) independent appraisers, who are designated members of the Appraisal Institute, if the property is estimated to have a value that exceeds one million dollars ($1,000,000.00). b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by one (1) independent appraiser, who is designated member of the Appraisal Institute, if the property is estimated to have a value between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00). 100460579.3 306-90018211 Page 417 of 453 C. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) with an estimated value below five hundred thousand dollars ($500,000.00) shall not require an appraisal. d. Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: Where the city acquired the property from Palm Beach County as a result of the tax sale process and is returning such asset to the former owner or its successors and assigns; 2. Where the city transfers the property to another governmental entity or agency; or Where the city is exchanging such real property with the private sector for a replacement parcel determined by the city governing body to have similar utility and where the public interests would be served. (5) Methods of disposal. a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the following methods: negotiation, trade with other governmental entities or agencies, request for letters of intent, sealed bids, or request for proposals. The city may retain professional real estate services to aid in the disposal of property. 1. Negotiation. The city may negotiate the sale of real property with a particular person or entity, and no further advertising will be needed to effect a transfer. Sealed bids, requests for letters of intent, and request for proposals. At any time no more than ninety (90) days after adoption of resolution declaring the property surplus, the land may be offered for public disposition, and a notice shall be published by the city in a newspaper of general circulation in the city once not less than ten (10) days before sealed bids, letters of intent, or proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the disposition price. Transfer to governmental agencies. The city may sell or transfer any of its property to any other governmental agency, if the city governing body determines that: A transfer of the property to the other governmental agency shall provide a benefit to the city; and That the terms received by the city are fair and equitable. 4. Land swap with any private or public land owner provided the properties are appraised at substantially the same value. In determining substantial value the City may take into consideration the potential increase in value following the swap. (6) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized in this subsection (b), shall be deposited in the general fund of the city, or such other fund or account of the city as is determined by the finance director. (7) Conveyance. In order to convey property pursuant to this subsection (b) the city governing body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything possibly to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals, or terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate the city governing body to adopt any necessary resolution. 100460579.3 306-90018211 Page 418 of 453 12.A. Legal 9/21/2021 Requested Action by Commission: Proposed Ordinance No. 21-025. First Reading. Approve Development Agreement Ordinance. Explanation of Request: In furtherance of the City Commission direction at the September 8, 2020 City Commission meeting, the attached proposed Ordinance provides basic provisions for inclusion in Development Agreements to which the City is a party. A number of changes were made to the initial draft. How will this affect city programs or services? The establishment of basic conditions for inclusion in development agreements will provide for greater uniformity of review by the City Commission. It remains unclear whether more stringent requirements will facilitate or impede the development activity. Fiscal Impact: n/a Alternatives: Do not adopt minimum standards and allow proposed Development Agreement to be reviewed on a case by case basis. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D 0rdliirnairnco Description Oirdlirnainc(-., airfnendling I Ul::R to cr('.., ate Article VII II II 1..)eve1ql:)irnieu"nf Agin earn eint,.; Page 419 of 453 1 2 ORDINANCE NO. 21- 3 4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, AMENDING 5 THE LAND DEVELOPMENT REGULATIONS CHAPTER 1, "GENERAL 6 ADMINISTRATION", CREATING A NEW ARTICLE VIII, "DEVELOPMENT 7 AGREEMENTS"; PROVIDING FOR CONFLICTS, SEVERABILITY, 8 CODIFICATION AND AN EFFECTIVE DATE. 9 10 WHEREAS, The City Commission seeks consistency and transparency with respect to 11 the basic provisions which should be included in a development agreement to which the City 12 is a party; and 13 WHEREAS, pursuant to Fla. Stat. Ann. § 163.3223, any local government may, by 14 ordinance, establish procedures and requirements, as provided in ss. 163.3220-163.3243, to 15 consider and enter into a development agreement with any person having a legal or equitable 16 interest in real property located within its jurisdiction. 17 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 18 residents of the City to amend the Land Development Regulations, Chapter 1, by creating a 19 new Article VIII, "Development Agreements". 20 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 21 BOYNTON BEACH, THAT: 22 Section 1. The foregoing "WHEREAS" clauses are true and correct and 23 incorporated herein by this reference. 24 Section 2. Chapter 1, "General Administration", creating a new Article VIII, 25 "Development Agreements" of the City's Land Development Regulations is hereby amended 26 by adding the words and figures in underlined type and by deleting the words and figures in 27 struck -through type, as follows: {00468051.4 306-9001821 } SXA\Ordinances\LDR Changes\Ord Development Agreements (00468051-4xc4b6a).Docx I Page 420 of 453 31 its investment. Therefore, it is not feasible to provide a template Development Agreement. 32 However, some basic provisions, such as the following, are required. \ NOW I 4 Lei I IM M,4m r -MOR I WPM I I I I I m I a m a ro 1111 m Fol. . I A a M = A 10 1 s a ]'I L4 % Wo I 12 11 LQ • rollmillmr,willro MYRIMMI i I it♦p .......................... M -Mo a NA Lq M pillnuo -V4 -A OR ii Ole, I a INI U�� I I I WHO I row WA ,jjM,,kAjjMG ITS"W. "00 0 11 11 1 MISMI p -- ------- W -F �qll�lllglyl�� I rawlyn STOW 1 M, I IM MO 0 1 56 1 . All interested parties who intend to testify or comment during the hearing will take an 57 oath or affirmation that their testimony or comments will be true and correct. 58 2. The City Clerk will state and file of record proof that all notice require ents have been 59 60 3. satisfied. The Members of the City Commission will make specific disclosures of the substance 61 62 63 64 of all communications with: a. The developer, its agents and its legal representatives. b. Persons in opposition to the development agreement. c. The disclosures shall include the name of the person(s) they communicated 65 66 4. with and a summa[y of the communication(s). The Members of the City Commission shall also disclose if the have solicited or 67 accepted gifts or campaign contributions from the developer, its agents and its lg_qal 68 69 5. representatives The foregoing duty of disclosure is ongoing and must be updated during the pendency 70 of the Commission's consideration of the development agreement and thereafter 71 duri-to tWe terrt of t�fe -treel-tewt. {00468051.4 306-9001821} S:\CA\Ordinances\LDR Changes\Ord Development Agreements (00468051-4xc4b6a).Docx 2 Page 421 of 453 I b .1 73 Depending on the complexity of the Droposed transaction, the City Commission may dire 74 the City Manager or the City Attorney to retain outside professional consultants or attorne 75 to review the proposed development agreement and report to the Commission any revie 76 comments or recommendations. The City Commission, the City Manager, and the Ci 77 Attorney may also seek review by and guidance from the Palm Beach County Office of t 78 Inspector General with respect to procurement issues within the scope of jurisdiction 79 authority of the Inspector General. • 01 Mm I mirm I SLO, EV.ATA MVITARJM Immmmyl 111 mul a 85 Disclosure of financial capability is an on-going obligation of the developer. Therefore' t " 86 following provision must be included in the development agreement. Prior too 87 commencement of construction of the Project, Developer shall provide the following items 0 88 the City: 89 (a) a budget for the development of the Pro-ject, with such supporting information 90 the City may reasonably reguest; 91 (b) evidence to the reasonable satisfaction of the City that Developer has sufficierm 92 funds committed from lenders and other sources sufficient to pay the budgeted co 93 of the development of the Pro-ject and i 94 (c) evidence that Developer has obtained appropriate guaranties as to the completiom 95 of the Project from its primary contractors such as payment and performance bon 96 or other security approved by the City. I 97 (d) personal financial statements from the principal members if developer is a LLC, 98 corporation, or partnership. 99 (e) articles of incorporation and evidence of good standing with the State of Florida 00 Division of Corporation. [11�� llq�� . i mill; il�ill��mmmui` 02 (a) A legal description of the land subject to the agreement and the names of its leggl and 03 equitable owners; 05 (c) The development uses permitted on the land, including population densities, anm 06 buildina intensities and heiqht; I {00468051.4 306-9001821} S:\CA\Ordinances\LDR Changes\Ord Development Agreements (00468051-4xc4b6a).Docx Page 422 of 453 07 (d) A description of public facilities that will service the development, including who sh& 08 provide such facilities; the date any new facilities, if needed, will be constructed; and a schedule - 09 to assure public facilities are available concurrent with the imDacts of the development; — 11 (D A description of all local development permits approved or needed to be approved A 12 the development of the land; I 13 (g) A finding that the development permitted or proposed is consistent with the loc,-T 14 government's commehensive Nan and land deyLlo .pment regulations; 15 (h) A description of any conditions, terms, restrictions, or other requirements determined A 16 be necessary by the local government for the public health, safety, or welfare of its citizen 17 and I 18 Q A statement indicating that the failure of the agreement to address a particular permit 19 condition, term, or restriction shall not relieve the developer of the necessity of compl "in 20 with the law governing said permitting requirements, conditions, term, or restriction. .21 (i) Specific dates when the entire development or any phase thereof be commenced or .22 completed. -27 (m) Clear disclosure that a Development Agreement is provisional and subject to revocation 28 by the City Commission if the Rroposed project is not commenced within 18 months from tlie- -29 date of approval with one (1) possible time extension of up to 12 months, when approved by 30 the City Commission. .31 (n) A clear disclosure that there will be monetary penalties for delay if project deadlines are .32 not met. 33 (0) That all representation by developer or its agents and representatives made at publ 34 meeting are to be construed as material representations which induced the City into entering 35 into the agreement. .37 (q) A provision substantially as follows: Until termination of this Agreement pursuant to .38 its terms, Developer may not assign any or all of its rights or obligations under this Agreement .39 or sell or otherwise transfer all or a portion of the Property, except with the prior written .40 consent of the City, and any such attempted assignment or transfer without the prior written .41 consent of the City shall be wholly void and of no effect. A change in the ownership interests .42 in Developer shall be deemed to be a transfer or assignment prohibited by this Section, {00468051.4 306-9001821} S:\CA\Ordinances\LDR Changes\Ord Development Agreements (00468051-4xc4b6a).Docx 4 Page 423 of 453 43 provided, however that the City shall not unreasonably withhold its consent to the transfer 44 ownership interests in DevelODer if such transfer is undertaken to obtain funds to underta 45 the Pro-ject proyided that control of Developer by the principals of Developel described in t 46 Prowsal shall not change as a result of such transfer. For purposes of this Section, "contro 47 shall mean the possession of the power to direct or cause the direction of the manageme 48 and policies of Developer. Developer shall provide such documentation as the City m 49 reasonably request from time to time to demonstrate compliance with this Sectio 50 Notwithstanding the foregoing, Developer may (i) enter into residential leases with residenti 51 tenants with respect to the portion of the Project developed as rental apartments, (J) ent 52 o a lease or operating agreement with an operator with respect to the hotel that is to ti int 53 developed as part of the Proiect, and (iii) enter into leases with permitted tenants of the ret 54 comonent of the Pro4ect. 56 All negotiation meetings between representatives of the City Administration and a develODeM 57 their agent(s) or their attorney(s) shall be recorded and transcribed by the City Clerk or the 58 designee. I 59 All written communications between representatives of the City Administration and 60 developer, their agent(s) or their attorney(s) regarding a develODment agreement shall 61 maintained in an electronic file by the City Clerk. ReDresentatives of the City Administrati 62 must forward copies of all communications to the City Clerk on a regular basis. I 64 Subject to any exemptions permitted by law, negotiation records will be provided to t 65 members of the public who make a request for those public records. 66 Sec. 8. POST AGREEMENT STATUS REPORTS TO COMMISSION: I is Ira lF OVISINUM MOMUSKOMI 1 -1 lui iurimacsjm:F. "I 74 A Developers Agreement will be reviewed and processed concurrently with the Ma' 75 Development Application and the Development Order and Conditions of Approval shall 76 attached to the executed Agreement. 77 Sec. 9. DEVELOPER'S DEFAULT AND CITY OPTIONS: 78 Not all conveyances of City owned property may require a development agreement. The scope 79 of eve ry project that may require a development agreement will vary. Therefore, provisions for 80 the City's remedies for default will also vary. The following is only an example of language that {00468051.4 306-9001821} S:\CA\Ordinances\LDR Changes\Ord Development Agreements (00468051-4xc4b6a).Docx Page 424 of 453 Agreement for Sale and Purchase of Property and reiterated in the deeds associated with a land transfer: hereunder it 86 a. De Eelo a th �2er shall breach anv agreement covenant or condition m de in th 87 Agreement Land Developer shafl fail to cure the same within thirty L30) 88 written notice thereof by the City,- pLovided that if the breach concerns a covena e a -5 n t af h t da s aft covena 89 (other than a covenant relating to the timing of the completion of the Proiect th .-t 90 cannot rea5onab& be cured within the thirty (30) it period and Develb 91 commences the cure and continues to dili and timel cure such breach, then 0 genU 71 - 92 breach shall be deemed to occur so long as the breach is cured within a ninet 9 9 93 day period after the Citv:5 noh�e- o 95 c Develo-perLa)shall-generallynot.pav or shall be -generally unable to.Ravit5debt5 as 96 such debt5 become due_- or Lb) shall make an dfor the benefit of creditors 97 or.petition R' ## to anv tribunal for the aPpointment of a custodian, receiver or 98 trustee for it or a substan tial.Rart of its assets,- or (cj shall commence any -proceedin 99 under any bankruptcy reocganizaMm arrangement, read ustment of debt, dissolution j- 00 or liquidation law or statute of anK - hm��dibn, whether now or hereafter in effect- or 01 (d) shall have had any such petition or rn filed or any such proceeding 02 commenced aoin5t it in which an order fo; ed or an addo uicatin or L 03 appointment is mao!;��- or (e) sha# consent to, Mpro ve of or acquiescence in any su 04 petition, application, proceeding or order for relief or the appointment of a custodian, 05 receiver or trustee for it or a substantial 2art of its assets; or 0 5hall 5uffer any such 06 custodiansho, receivershj�2 or trusteeship to continue undischaCged for a #` #I of 07 sixty (M Mo� or morej o 18 dDe veloper ail to maintain insurance as required by Section hereof after 5hall f 1119 receiving notice Of 5uch failure from the Citv and not curina such failure within five 10 Bu5iness Daof rece42t Of such notkao 11 e. Any material =resentation, warranty certification or other statement made or 12 i.. .R D; i#;' thisAgLeement orin any statement or certificate atan 13 time given bv Developer in writin,g Pursuant hereto or thereto or in connection 14 herewith or therewith shallbe false in anvmaterialre"vct-a3-ofthe-oke-ttrdo�-- 16 a. Reversion Prior to Construction Commencement If an Event of Default occurs 17 hereunder after the Closing Date but prior to the commencement of the construction 18 of the ELoject , then the 8Loj2ertv shall revert to the (2tXas provided in the Deed {00468051.4 306-9001821} S:\CA\Ordinances\LDR Changes\Ord Development Agreements (00468051-4xc4b6a).Docx Page 425 of 453 19 b. Reversion After Commencement of Construction. If (/j an Event of Default occu 20 hereunder after con5truction of the PrQject ha5 commenced and 5UCh Event of Defau 21 relate5 to the DevelovmentActivitie5 related to the 8Lo ect nd N) the e42enditure 22 Developer of the le55er of r z o r (b) percentr of th 23 bud or the con5truction of the Proiect ha5 not yet occurred. then th geted amount f 24 Ecopertv 5hall revert to the City a5.pLovided in the Deed Won 5ati5factibn of - t, 25 expenditure requirement5et forth in clau5e N) of the �2ribr5entence andif no Event 2- 26 Default ha5 occurred and & continuina the Cit t of re ver5ion Wi 5hall relea5e it5 t�ah 27 Le52 pect to the Property by delivering a relea5e in recordable form to Develo er 28 c. E42enditure ft2orts. Upon commencement of the construction of the Prccect an j 29 until the Menditure requirements have been met in subsection b. such that the to rever5ion of the Pro,2ertv can no longer occur, Develo er shall file a =ott with the J2 on or before the fifth Business Day of each month showing the menditures made C2 as of the end of the prior month with =ect to the cost of the dev "lo ment of the C 3 8LoLect with such syQporting evidence at the Citv ma v reasonabIX requesL Section. 8 Other #` 'i of the City upon Event of Default. In addition to the Citv�5 L�QhU, th 9 City and DeveWer herebv aaree that ypon occurrence of an Event of Default other 0 than an Event of Default described in the next parq-gLtwh, the Cityshall also be entitled 1 to seek 5,geclfic performance to compel Develb -form its obli ations ,Qer to pel 2 hereunder �3 In the event N Developer does not co=lete the development of the entire eEo ec as L t i4 required by this Agreement and an Event of Default occurs hereunder as a result eof d IOD i5 theran(ii) the Property hao s nt re vetted to the (:ZtX as pro vided eo herf, De ve er % agmes to pay, ypon the written request of the City, a payment in the amount of 17 1 a5 the Citv'5 total.pa5t ae16l2e �8 forDevelo -)� 9 per �5 breach of thi5 A creement Thevartie5 agree that it & im.practicable and .• extrernel difficult to ascertain the actual damages suffered by the City as a result of 50 Develbpefailure to complete fullz the develo --�2ment of the Progerty in accordance 51 with thi5 Agreement anance5 5tin 5 of the date of thi5 , d that under the CMCUM5texi a 52 Aeem ent the Aamage5 provided for In thJ5 WrqgLa ii it d -�2h repre5ent a 53 rea5onable estimate of the damages which the City will incur a5 a re5ult of such failure. 54 The parties acknowledge that the payment of such liquidated damages is not intended 55 as a forfeiture or penaltjl but is intended to constitute liquidated damages to the 56 to offset the Citv�; ank6Qated (but lost or diminished) revenue. DeVeIODer shall secure 57 thevament of such A ated damages prior to Miration of the L ht of reversion quid �q- 58 of the City in a manner satisfactocy to the City through the defiveo� of a letter of credit 59 from a financial institution acceDtable to the City or if surety a=table to the City {00468051.4 306-9001821} S:\CA\Ordinances\LDR Changes\Ord Development Agreements (00468051-4xc4b6a).Docx Page 426 of 453 )60 Options to "e urchase Z62 redevelopment ob ective5 of the City. In lieu of or in combination with a re 63 Provi5ion in a develoRment agreement the City mav require a.prov&ibn which aran 64 the City an g�26on to re.Qurcha5e all or Part of Pro.pertv conveved bv the City. 65 "e urcha5e Provi5ions mu5t contain a time limitation in which the option to 66 =urchase may be exercised. 267 268 Section 3. Each and every other provision ofthe Code ofOrdinances ofthe City of 769 Boynton Beach not herein specifically amended shall remain in full force and effect as 270 previously enacted. 271 Section 4. All ordinances or parts of ordinances in conflict herewith be and the 272 same are hereby repealed. 773 Section S. Should any section orprovision ofthis ordinance orportion hereof, any 774 paragraph, sentence or word be declared by court of competent jurisdiction to be invalid, 275 such decision shall not affect the remainder of this ordinance. 776 Section 6. Authority is hereby granted to codify said ordinance. 777 Section 7. This ordinance shall become effective immediately upon passage. 278 �0046801^306-901821', Changes\Ord Development Agreements wo4oxo /-4xc4h6aoocx 8 Page 427 of 453 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 FIRST READING this 21 st day of September, 2021. SECOND, FINAL READING AND PASSAGE this day of , 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 YES NO {00468051.4306-9001821}S:ACA\Ordinances\LDR Changes\Ord Development Agreements (00468051-4xc4b6a).Docx 9 Page 428 of 453 13.A. Future Agenda Items 9/21/2021 Requested Action by Commission: Staff will prepare options for the Commission's consideration for handling Letters of Intent on City owned properties - October 5, 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 429 of 453 13. B. Future Agenda Items 9/21/2021 Requested Action by Commission: PBC Supervisor of Elections Wendy Link to provide information on polling place safety precautions due to COVI D-19 and the ballot format for the March 2022 election. - October 5, 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 430 of 453 13.C. Future Agenda Items 9/21/2021 Requested Action by Commission: The PBC School District and the Education Foundation of PBC will provide an update to the City Commission on the Digital Inclusion Program - October 5, 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 431 of 453 13. D. Future Agenda Items 9/21/2021 Requested Action by Commission: Approval of task order for design, permitting and construction administration services for Eco Park. - October 5, 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 432 of 453 13. E. Future Agenda Items 9/21/2021 Requested Action by Commission: Head Start Purchase and Sale Agreement - October 19, 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 433 of 453 13. F. Future Agenda Items 9/21/2021 Requested Action by Commission: Hazard Mitigation Grant Award for Potter and Dimmick Roads - October 19, 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 434 of 453 13. G. Future Agenda Items 9/21/2021 Requested Action by Commission: Discuss process and estimated costs for a Recreation and Parks Bond Referendum Question in August 2022 - November 2, 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 435 of 453 13. H. Future Agenda Items 9/21/2021 Requested Action by Commission: Building Department staff will present an update on the implementation of the new SagesGov software for permitting and inspections - November 15, 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 436 of 453 13.1. Future Agenda Items 9/21/2021 Requested Action by Commission: National Flood Insurance Program Community Rating System Update - November 15, 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 437 of 453 Requested Action by Commission: Sign Code Amendments - November 15, 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: 13.J. Future Agenda Items 9/21/2021 Page 438 of 453 13. K. Future Agenda Items 9/21/2021 Requested Action by Commission: Representatives from FI U will present the Diversity & Equity Assessment of City Systems (Internal Assessment) - November 15, 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 439 of 453 13. L. Future Agenda Items 9/21/2021 Requested Action by Commission: Mobility Plan & Technical Report - November 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 440 of 453 13. M. Future Agenda Items 9/21/2021 Requested Action by Commission: City lobbyist Mat Forest to give a preview of the 2022 State Legislative Session 2022 and discuss the City's annual Legislative Agenda. - December 7, 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 441 of 453 13. N. Future Agenda Items 9/21/2021 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/21/2021 Requested Action by Commission: Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD Explanation of Request: On July 19, 2021, the City received a letter of intent (see attached Exhibit "A") to purchase the vacant 3.62 acre parcel adjacent to Leisureville and west of SW 8th Street. Property Property Control Number Address or Legal Description PBC Property Appraiser Assessed Value Zoning 29-45-43, E 330.70 FT OF W LY 660.16 FT OF SLY 672.12 FT OF NLY 1252.12 R1 AA - Single 1. 08-43-45-29-00-000-1040 FT (LESS N 499.34 FT OF $271,500 Family E 126.90 FT) OF TH PT OF NE 1/4LYGSOFSR 804 According to Chapter 2 Article IV. 2-56 of the City of Boynton Beach Code of Ordinance, the City Commission can sell property, which is determined to be in the best interest of the City: Real property may be sold in the manner recommended by the City Manager and determined by the City Commission to be in the best interest of the city. With regard to the sale of any real estate owned by the city which has an appraised value exceeding $100,000.00 as determined by the most recent valuation of the Palm Beach County Property Appraiser, no such sale shall be conducted or consummated until such time as subject property has been appraised by a disinterested qualified appraiser to be designated by the city commission for the purpose of establishing a fair market value thereon. The sale of real property for less than the fair market value shall require the approval by a vote of four-fifths (4/5) of the City Commission. Additionally, members of staff have researched other municipal disposition processes and have attached sample code language (see attached Exhibit "B") to discuss potential changes. How will this affect city programs or services? Disposition of the property may provide new housing in the City and reduce the number of vacant parcels currently being maintained by the City. Fiscal Impact: The sale of the property can potentially increase the City's tax base (new housing) and reduce the maintenance costs associated with vacant lots. The City spent approximately $10,000 last year for the maintenance of the parcel which includes: Lot mowing, trash removal, and tree trimming. Alternatives: Reject the letter or intent. Strategic Plan: Strategic Plan Application: Page 442 of 453 climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Exhilbit D 11 ocaton IMalp D ftaclhirneint D Exhibit Description 11 ett(-..ir of 11 inteint (1Ex1,)11b1ft "A") 11 ocatloin IMalp F:1iropeirty Detadl Sairnple IMu.sniiciilpall 11.1sposition Code 11 ainguage (1E)dhilbit "B") Page 443 of 453 LETTER OF INTENT TO PURCHASE REAL PROPERTY July 19, 2021 Alan Sperling Alan Sperling LLC. RE: Proposed purchase of CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 This letter constitutes an outline of a proposed transaction between CITY OF BOYNTON BEACH (Seller) and ALAN SPERLING LLC (Buyer), encompassing all land and improvements described below (The Property), the terms of which are intended to be embodied in a formal Agreement of Purchase and Sale (The Agreement) to be submitted by the Buyer. The terms proposed for the Agreement will include, but are not limited to, the following: LEGAL DESCRIPTIONS Proposed Purchase: CITY OF BOYNTON BEACH: PARCEL ID 08-43-45-29-00-000-1040 Purchase Price:The purchase price for the property shall be $300K INCLUDING PROPOSED PUBLIC ROAD CONNECTING ALL CITY DEAD END STREETS RUNNING PARRALEL TO OUR SITES FROM THE FUTHURST SOUTH POINT TO THE MOST NORTHERN CLOSEST TO BOYNTON BEACH BLVD Initial Deposit: Simultaneously with the execution of the Agreement, Buyer shall place with Anaheim Properties, Inc. (as Escrow Agent) an initial deposit at contract of $25K Title and Survey: Ten (10) days after the execution of the Agreement, Seller shall deliver to Buyer a current ALTA survey of the property and a title insurance commitment from a nationally recognized title insurance company in the amount of the Purchase Price. Inspection: Buyer shall have NINETY-120DAYS, (90-120) Days after the execution of the Agreement (the Inspection Period) to conduct, at Buyer's expense, whatever reasonable investigations, analyses and studies of the Property that Buyer deems appropriate. At any time and for any reason during the Inspection Period, Buyer may by giving of written notice to Seller and Escrow Agent, terminate the Agreement and receive the return of his Deposit without and Interest or Deductions. If Buyer elects to proceed with the transaction, Buyer shall Deposit an additional $25K with the Escrow Agent within (5) Business days after the expiration of the inspection Period. Seller agrees to provide such information as may be required by the Buyer. Representation & Warranties: The Agreement shall contain representations and Warranties of Seller customarily provided by sellers in transactions of this nature. Date of Closing: Closing shall take place no later than THIRTY (30) days following completion of the Inspection Period by the Buyer. Closing shall take place in Palm Beach County. Page 444 of 453 Access: Buyer, by appointment only, shall have full access to the Property prior to Closing for the purpose of conducting all studies and surveys required by Buyer. To the extent of the deposit, Buyer will hold Seller harmless from and indemnify Seller against any liability or loss by virtue of such entry. Assignability: Buyer reserves the right to assign the Agreement to any entity owned or controlled by or affiliated with Buyer or its principals. Zoning: The Agreement shall be contingent on the Property being properly zoned for the buyers use. Other Provisions: The Agreement shall contain other provisions dealing with such matters as allocation of closing expenses, conditions of closing, delivery of possession, examination of title, prorations of rents and taxes, transfer of Leases, if necessary, warranties and representations of Seller with respect to the Property, and other matters typically found in transactions of this nature. Expenses shall be borne as follows: REQUIREMENT RESPONSIBILITY Su rvey Title Search Title Insurance Commitment and Policy Documentary Stamps and Surtax Inspection Costs Attorneys' Fees Hazardous Waste Studies Seller Seller Seller Seller Buyer Each pays Own Buyer as to Phase I Seller as to Phase 11, (if necessary) Binding Agreement: It is understood and agreed that this letter is merely a non-binding summary of the terms of a proposed transaction and, while we agree in principle to these terms and conditions and agree to proceed promptly and in good faith to work out a definitive agreement for the transaction, any legal obligations shall arise only as set forth in an executed Agreement signed by both parties. The Agreement shall be in form and substance satisfactory to both of us and will contain all usual and appropriate covenants and conditions. Validity: This proposal shall be valid until AUGUST 1ST, 2021. Per: ALAN SPERLING LLC AND AGREED TO: By Print name: Title: . __ Dated: Page 445 of 453 7119/2021 Property Detai hftps:]/www.pbuyov.org/papa/AspsIPropartyDetaiI/PrinterfriendIyProper-tyPrint.aspx?parcel=08434529000001040 Location Address Municipality BOYNTON BEACH Parcel Control Number 08-43-45-29-00-000-1040 Subdivision Official Records Book 06652 Page 1 31 5 Sale Date NOV-1990 Legal Description 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FTOF NLY I (LESS N 499.34 FT or E 126.90 FT) OF TH FT OF NE 1/4 LYG S OF SR E Owner Information - 2019 2018 so $ $271,500 $271,500 5271,500 $271,500 2019 2018 $271,500 $271,500'. 3271,500 $271,500 $0 $ Tax Year 2020 Ad Valorem $0 Non Ad Valorem $0 Total tax $0 borathy Jacks, CFA, AAS PALM BEACH COUNTY PROPERTY APPRAISER www.pbcgow.org/PAPA 2019 $0 $0 $0 2018 $0 W Page 446 of 453. 447 of 453 PAPA Bamier l oca o n Address Mu:anvlcilpalaty BOYNTON BEACH Parcel Conularol 1Nuirn cir 08-43-45-29-00-000-1040 Subdivision C Il tial IRecords, Illoolk 06652 Page 1315 Sale IDale NOV-1990 29-45-43, E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT III x al. DesedI ation OF NLY 1252.12 FT (LESS N 499.34 FT OF E 126.90 FT) OF TH PT OF NE 1/4 LYG S OF SR 804 Mailing address C:lssunu� ups PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sales Date (Price OR lloolalllalle sale. Ipypac tlwwrier NOV-1990 $100 06652 / 01315 WARRANTY DEED ExerrptiouuA,ppp'llu°msnVO neir Year, pllaetail BOYNTON BEACH CITY OF 2021 FULL: MUNICIPAL GOVERNMENT N uounlier of Uudts 0 l'aalaal 0 Acoreas 3.62 °w0euau"l lI4"eel 8900- RIAA- III AA SINGLE FAMILY, 5.5 DU/AC 1,:1se C:"mumle MUNICIPAL raauilan (08-BOYNTON BEACH) Ip'ax Year 20211 21119 2018 l[nlp1muw'eraneuut value $0 $0 $0 11 -and Value $271,500 $271,500 $271,500 Total Warket Value $271,500 $271,500 $271,500 All values are as of January 1 st each year Fax Ycmr 202111 2019 2018 Assessed Valtne $271,500 $271,500 $271,500 JII:a:veuulllatuon Auuaonmat; $271,500 $271,500 $271,500 l'a.u.lbllle Vaallluae $0 $0 $0 "Fax year 2020, 2019 2018 A0 Valorem $0 $0 $0 lNooiAd Vallorenum $0 $0 $0 lC'otal taX $0 $0 $0 Page 448 of 453 Disposal of city real property. (a) Power to sell. The City Commission may authorize by Resolution the sale, transfer, and swap any real property, improved or unimproved, now owned or hereafter acquired by or owned by the city, as provided herein. These procedures supplement any other procedures that may now or in the future be applicable as provided by law or regulation. (b) Disposal of property which is sufficient in size and of such character as to comprise an independent building site and which will involve a conveyance of the city's fee simple interest. These parcels typically enjoy access to a public right-of-way, and are developable as building sites. (1) Resolution declaring surplus. Before any improved or unimproved property owned by the city shall be sold or otherwise disposed of pursuant to this subsection (b), the governing body shall adopt a resolution declaring same surplus. (2) Determination concerning surplus. a. The city governing body shall review and consider the following: 1. The legal description (by reference to a recorded plat or government survey); 2. The property address by street number, if there be any; 3. A description of all improvements located upon the land; 4. How said land has been used since same has belonged to the city; 5. The current use of the property; 6. How the property was acquired and financed; 7. The needs of the city; 8. Whether disposal is consistent with the city comprehensive plan; 9. The estimated property value; 10. Any relevant property history; 11. The property's title; and 12. Whether the disposal of the property is precluded by grant provisions of other agencies. (3) Public hearing. The city governing body shall hold one (1) public hearing prior to adopting a resolution declaring property as surplus. An advertisement for such public hearing shall appear once in a newspaper of general circulation at least ten (10) days prior to the hearing. The advertisement will contain the resolution title and the date, time and place of the hearing. The city clerk shall advertise the proposed resolution for public hearing by placing it on the city council agenda and posting such agenda at least three (3) business days prior to the city council meeting. (4) When appraisals are needed a. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by two (2) independent appraisers, who are designated members of the Appraisal Institute, if the property is estimated to have a value that exceeds one million dollars ($1,000,000.00). b. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) must be appraised by one (1) independent appraiser, who is designated member of the Appraisal Institute, if the property is estimated to have a value between five hundred thousand dollars ($500,000.00) and one million dollars ($1,000,000.00). c. Any real property that the city proposes to sell or otherwise dispose of pursuant to this subsection (b) with an estimated value below five hundred thousand dollars ($500,000.00) shall not require an appraisal. (00460579.1306-90018211 Page 449 of 453 d. Notwithstanding subparagraphs a., b., and c. above, no appraisal shall be needed: 1. Where the city acquired the property from Palm Beach County as a result of the tax sale process and is returning such asset to the former owner or its successors and assigns; 2. Where the city transfers the property to another governmental entity or agency; or 3. Where the city is exchanging such real property with the private sector for a replacement parcel determined by the city governing body to have similar utility and where the public interests would be served. (5) Methods of disposal. a. Methods. The city may dispose of property pursuant to this subsection (b) utilizing the following methods: negotiation, trade with other governmental entities or agencies, request for letters of intent, sealed bids, or request for proposals. The city may retain professional real estate services to aid in the disposal of property. 1. Negotiation. The city may negotiate the sale of real property with a particular person or entity, and no further advertising will be needed to effect a transfer. 2. Sealed bids, requests for letters of intent, and request for proposals. At any time no more than ninety (90) days after adoption of resolution declaring the property surplus, the land may be offered for public disposition, and a notice shall be published by the city in a newspaper of general circulation in the city once not less than ten (10) days before sealed bids, letters of intent, or proposals are due. The notice shall state, at a minimum, the date when sealed bids, letters of intent, or proposals shall be received and whether the sale is with or without reservation. Sealed bids, letters of intent, and proposals shall be received accompanied by cashier's checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the disposition price. Transfer to governmental agencies. The city may sell or transfer any of its property to any other governmental agency, if the city governing body determines that: i. A transfer of the property to the other governmental agency shall provide a benefit to the city; and That the terms received by the city are fair and equitable. 4. Land swap with any private or public land owner provided the properties are appraised at substantially the same value. In determining substantial value the City may take into consideration the potential increase in value following the swap. (6) Proceeds from sale or transfer. Any proceeds derived from the sale of any land, as authorized in this subsection (b), shall be deposited in the general fund of the city, or such other fund or account of the city as is determined by the finance director. (7) Conveyance. In order to convey property pursuant to this subsection (b) the city governing body shall be required to adopt a resolution authorizing the conveyance. Notwithstanding anything possibly to the contrary, the city may reject any and all offers, bids, letters of intent, or proposals, or terminate negotiations at any time and choose not to dispose of property, and nothing shall obligate the city governing body to adopt any necessary resolution. (00460579.1306-90018211 Page 450 of 453 13.0. Future Agenda Items 9/21/2021 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 451 of 453 13. P. Future Agenda Items 9/21/2021 Requested Action by Commission: Consultant Presentation of Housing Needs Assessment - 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 452 of 453 13.0. Future Agenda Items 9/21/2021 Requested Action by Commission: Discuss Building Safety Inspection Program - TBD Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 453 of 453