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Agenda 04-05-22 The City of Boynton Beach City Commission Agenda Tuesday, April 5, 2022, 5:30 PM GoToWebinar Online Meeting and City Hall Commission Chambers, 100 E. Ocean Avenue Boynton Beach City Commission Mayor Ty Penserga (At Large) Vice Mayor Woodrow L. Hay (District 11) Commissioner Angela Cruz (District 1) Commissioner Thomas Turkin (District 111) Vacant Commissioner (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. C www.boy nton-beach.org Page 1 of 949 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. Addressing the Commission: When addressing the Commission, please step up to either podium and state your name for the record. Decorum: Any person who disputes the meeting while addressing the Commission may be ordered by the presiding officer to cease further comments and/or to step down from the podium. Failure to discontinue comments or step down when so ordered shall be treated as a continuing disruption of the public meeting. An order by the presiding officer issued to control the decorum of the meeting is binding, unless over-ruled by the majority vote of the Commission members present. Please turn off all cellular phones in the City Commission Chambers while the City Commission Meeting is in session. 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: Page 2 of 949 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 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 949 1. Openings A. Call to Order - Mayor Ty Penserga City Clerk announces certification of Supervisor of Elections' Election Results from the March 8, 2022 Municipal Election and March 22, 2022 Municipal Runoff Election Swearing In of Ty Penserga as Mayor Swearing In of Angela Cruz as Commissioner District I Swearing In of Thomas Turkin as Commissioner District I I I Presentation of Plaque to Steven B. Grant Presentation of Plaque to Justin Katz Presentation of Plaque to Christina Romelus Presentation of Plaque to Ty Penserga Roll Call Invocation by Pastor Bob Bender, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow L. Hay Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Declaration of vacancy in District 4. (Tabled from the March 15, 2022 City Commission Meeting.) B. Development Department staff will provide the City Commission an update on the SagesGov E- Permitting project implementation. (Tabled from the March 15, 2022 City Commission Meeting.) C. Announcement by John Durgan, Economic Development Manager, regarding the Boynton Beach Turn the Tables Internship and Career Expo on May 11, 2022. D. Tyler Jasensky, Program Manager of Volunteers for Best Buddies Palm Beach, and Nadine Kasti, Best Buddies Chapter President for Park Vista High School, will announce the 2022 Best Buddies Friendship Walk, and discuss the Peer Buddy one-to-one friendships. E. Announcement of the roll-out of the Historic Plaque Initiative by Mike Rumpf, Liaison for the Historic Resources Preservation Board. F. Announcement to recognize Shaping Change, LLC as an Inclusion Works Business Partner. Stephanie Soplop and Ted Goodenough will make the announcement recognizing and Dr. Janessa Dominguez, President of Shaping Change. G. Proclamation for World Autism Awareness. Proclamation will be accepted by Lisa Pugliese- LaCrobx Founder of Love Serving Autism. H. Proclamation recognizing April 3-9, 2022 as National Library Week. Library Director Craig Clark Page 4 of 949 will accept the proclamation on behalf of the Boynton Beach City Library. I. Proclamation recognizing April 2022 as Water Conservation Month for the City of Boynton Beach. Sherry McCorkle with the South Florida Water Management District will accept the proclamation. 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. City Commission to appoint a Vice Mayor to serve until the March 2023 municipal election. B. Proposed Resolution No. R22-047-Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. C. Proposed Resolution No. R22-048-Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). D. Proposed Resolution No. R22-049-Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. E. Proposed Resolution No. R22-050-Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). F. Annual appointment and reappointment of eligible members of the community to serve in vacant positions on City advisory boards. G. Consideration of a Special City Commission Meeting to accept staff ranking of applications to the Notice of Funding Opportunities (NOFOs) for use of the City's American Rescue Plan Act (ARPA) funds and to award funds based upon application eligibility and proposed programming. (Tabled from the March 15, 2022 City Commission Meeting.) H. Staff is requesting the City Commission schedule and attend a Strategic Planning Workshop on Saturday, May 7, 2022 at the Intracoastal Park Clubhouse. The Workshop will be held from 9am to 2pm and will include a discussion on conducting public meetings, governance, team building and strategic planning for 22-23. 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. Proposed Resolution No. R22-051 - Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for The Better Choice Mail Pack Ship located at 3469 W Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33436. B. Proposed Resolution No. R22-052- Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of $2,500 for Rancheritos de Boynton located at 1709 N Congress Ave., Boynton Beach, FL 33426. C. Accept the written report to the Commission for purchases over $10,000 for the month of February 2022. D. Approve an increase for the annual expenditure with Facilities Pro Sweep of West Palm Beach, Page 5 of 949 FL in the amount of $85,000 for street sweeping services, including emergencies and special events piggybacking the Palm Beach Gardens contract #ITB2016-065PS for the period of the contract which expires on September 30, 2026. E. Approve and authorize the Fleet Maintenance Division of Public Works to dispose of thirty-nine (39) surplus vehicles and equipment using various means such as JJ Kane on-line auction and GovDeals.com. F. Proposed Resolution R22-053- Approve and authorize the Mayor to sign an ARPA Subrecipient Grant Agreement with Feeding South Florida to administer the remaining $100 gift cards to families experiencing food insecurity due to the COVI D-19 pandemic. G. Proposed Resolution No. R22-054-Approve and Authorize the City Manager to piggyback and sign Agreement with Johnson Fire Controls Fire Protection LP for Alarm/Sprinkler Monitoring, Inspections, and Services piggy-backing the Sourcewell Cooperative Purchasing Contract RFP No. 030421 with an estimated annual expenditure of$50,000. H. 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 April 5, 2022 - "Request for Extensions and/or Piggybacks." I. Proposed Resolution No. R22-055- Approve and authorize Mayor to sign revised ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary School to correct Scrivener's errors and substitute subrecipient signature page. J. Proposed Resolution No. R22-056- Approve revised ARPA Subrecipient Partnership Agreement with Forest Park Elementary School to correct Scrivener's errors and substitute subrecipient signature page. K. Approve minutes from the March 1, 2022 and March 15, 2022 City Commission meetings. 7. Consent Bids And Purchases Over$100,000 A. Proposed Resolution No. R22-057 - Approve Award of Bid No. PW E22-008 for "Asphalt and Sidewalk Rehabilitation", and authorize the City Manager to sign contracts with the two (2) lowest responsive and responsible bidders, Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida and M & M Asphalt Maintenance, Inc. d/b/a All County Paving of Delray Beach, Florida for asphalt and sidewalk restoration, to establish a pre-qualified list of vendors with an estimated annual expenditure of$2,000,000.00. B. Approve an annual expenditure with A & Associates of West Palm Beach, FL in the amount of $150,000 for general laborers needed within various City departments piggybacking the City of Tampa's contract#11110320 for the period of the contract which expires on J anuary 3, 2024. C. Approve piggybacking the National Purchasing Co-Operative BuyBoard contract# 603-20 for the purchase of uniforms for Police and Fire with an estimated annual expenditure of $200,000. The BuyBoard procurement process satisfies the City's competitive bid requirements. D. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for April 5, 2022 - "Request for Extensions and/or Piggybacks." E. Approve Task Order # LS-11-2022 with Giannetti Contracting Corporation in accordance with RFQ 028-2821-19/MFD, Pre-Qualification of Contractors for Utility Construction Services awarded by commission on August 6, 2019. The agreement was renewed on August 7, 2021. The Scope of Work is for Lift Stations 706, 809, and 909 Rehabilitation in the sum of $284,998.00 based on unit costs provided by Giannetti Contracting Corporation in their respective bid. F. Award Task Order No. F-03-2022, Boynton Beach Women's Club Restrooms, part of Bid No. 028-2511-20/RW for Minor Construction Services and authorize the issuance of a purchase order to I.Q. Constructions, Inc. of Delray Beach, FL as the lowest responsive, responsible bidder for Page 6 of 949 the total amount of$165,000. G. Proposed Resolution No. R22-058-Approve and authorize the Mayor to sign the Subrecipient Grant Agreement from the Department of Economic Opportunity (DEO) Community Development Block Grant-Mitigation (CDBG-MIT) program in the amount of $2,100,000 for the East Water Treatment Plant Generator Replacement project. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Reconsider request for New Major Site Plan (NWSP 22-002) for the 1320 S. Federal Highway project to allow construction of a 10,898 square foot commercial structure and associated site improvements, on a 0.51-acre parcel, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district. Application Ty Eriks, MH Jackson Holdings, LLC. Reconsider request for Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway to amend the previously approved master plan to be consistent with the proposed revisions to the concurrent New Major Site Plan Application, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district. Applicant: Ty Eriks, MH Jackson Holdings, LLC. Items were approved on March 1, 2022, and are returning for consideration by Commission action on March 15, 2022. B. Reconsider request for a Height Exception (HTEX 22-001) for 1320 S. Federal Highway to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. Item was approved on March 1, 2022, and is returning for reconsideration by Commission action on March 15, 2022. C. Proposed Ordinance 22-012 - First Reading - Approval of Ordinance amending the Commission voting district boundaries. This is done in accordance with requirements outlined in the City Charter. Redistricting takes place every 10 years, after the US Census is completed. 9. City Manager's Report - None 10. Unfinished Business - None 11. New Business - None 12. Legal A. City Commission is requested to review the Lien Modification Order issued by the Special Magistrate at the January 19th, 2022 hearing for case 09-3565. B. Approval of request from the City Attorney for private attorney-client session of the City Commission pursuant to Section 286.011(8), Florida Statutes, to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Page 7 of 949 Number: 50-2020CA012780-XXXX-MB 13. Future Agenda Items A. Consider Draft Ordinance Creating a Citizen's Engagement Committee- May 3, 2022 B. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD C. Discuss Building Safety Inspection Program. Thus far, the State Legislature has not moved statewide legislation forward. -TBD D. Discuss Renaming Demonstration Garden Park- TBD E. Possible Land Swap with St. Mark's Catholic Church - TBD F. Proposed Ordinance No. 21-025 First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD 14. Adjournment Notice lfaperson decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting,He/She will need a record ofthe proceedings and,for such purpose,He/She may need to ensure that a verbatimrecord ofthe proceedings is made,which record includes the testimony and evidence upon which the appeal is to be based.(ES.286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service,program,or activity conducted by the city.Please contact the City Clerks office,(561)742- 6060 or(TTY)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 8 of 949 1.A. Opening Items 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Call to Order- Mayor Ty Penserga City Clerk announces certification of Supervisor of Elections' Election Results from the March 8, 2022 Municipal Election and March 22, 2022 Municipal Runoff Election Swearing In of Ty Penserga as Mayor Swearing In of Angela Cruz as Commissioner District I Swearing In of Thomas Turkin as Commissioner District I I I Presentation of Plaque to Steven B. Grant Presentation of Plaque to J ustin Katz Presentation of Plaque to Christina Romelus Presentation of Plaque to Ty Penserga Roll Call Invocation by Pastor Bob Bender, Christ Fellowship Church. Pledge of Allegiance to the Flag led by Vice Mayor Woodrow L. Hay 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 949 Is this a grant? Grant Amount: Attachments: Page 10 of 949 2.A. Other 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 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: Page 11 of 949 3.A. Announcements, Community and Special Events and Presentations 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Declaration of vacancy in District 4. (Tabled from the March 15, 2022 City Commission Meeting.) Explanation of Request: The resignation of Commissioner Ty Penserga due to his election as Mayor creates a vacancy in the District 4 Seat. Pursuant to the City Charter, the Commission must declare the empty seat"vacant." The last time the Commission filled a vacancy was in 2018. Minutes reflecting the 2018 process are attached for informational purposes. Also attached is the Notice of Vacancy and Process for Application that was published in the newspaper in 2018. 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 12 of 949 Type Description D Other Charter Section 6A Filling Vacancies D Letter Commissioner Penserga's letter resigning District 4 seat D Minutes Minutes of the 11-7-18 Commission meeting announcing vacancy Minutes of 11-20-18 Commission meeting filling D Minutes vacancy D Attachment Notice of Vacancy and Process for application published in the newspaper Page 13 of 949 Sec. 6A. Filling vacancy on City Commission. In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, it shall be the duty of the remaining members at the next regular meeting, or as soon thereafter as possible, following the declaration of such vacancy, to appoint a duly qualified citizen to fill said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by election. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year. If a majority of said remaining members are unable to agree upon the selection of a Commissioner to fill said vacancy after two (2) regular meetings have been held, the City Commission shall call a special election for that purpose. (Laws of Fla. 1947, Ch. 24398, § 16; Ord. No. 90-80, § 1, 1- 2-91, election of 3-12-91; Ord. No. 01- 25, § 7, 7-3-01; Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02; Ord. No. 12-023, § 2, 1-15-13, election of 3-12-13) Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted previous § 6 pertaining to the fixing of salaries by resolution. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 27; Laws of Fla, Ch. 67-1119, § 1. Current§ 6 was originally part of Article IV and designated§ 51. Page 14 of 949 Ty Penserga 4315 Key Lime Blvd. Boynton Beach, FL 33436 RECENED October 26, 2021 OCT 2 6 2021 .ro..;....,. �...o",w. Crystal Gibson MMC CITY OF BOYNTON BEACH City Clerk CITY CLERK'S OFFICE City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 VIA HAND DELIVERY Dear Ms. Gibson: In pursuit of my candidacy for Mayor, I hereby tender my resignation as City of Boynton Beach Commissioner, District IV, pursuant to section 99.012, Florida Statutes, also referred to as Florida's "resign-to-run" law. The resignation is effective the earlier of the two dates provided in section 99.012(3)(d), F.S. Sincerely, Ty Pen F9 a/ , .. cc: Executive Office of the Governor Department of State Page 15 of 949 Meeting Minutes City Commission Boynton Beach, Florida November 7, 2018 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Commission to declare the vacancy of Commission District IV seat. Vice Mayor Romelus announced the vacancy of Commission District IV seat. Explained the process to qualify. Commissioner McCray asked if the Commission can nominate from the floor. Attorney Cherof answered in the affirmative. B. Proclaim November 15, 2018 as America Recycles Day. Vice Mayor Romelus Proclaimed November 15, 2018 as America Recycles Day. Willie Puz, Director Public Affairs and Recycling Solid Waste Authority of Palm Beach County (SWA), thanked the City of Boynton Beach for the proclamation. Explained the SWA is a Dependent Special District formed by the Florida Legislature in 1975. SWA has created an awarded winning integrated system of facilities which include 2 waste energy facilities, 7 home chemicals and recycling centers, 6 transfer stations, a recycling facility, a biocell processing facility, and a landfill. Mr. Puz indicated SWA began to recycle with only five items. Today SWA accepts over 20 items for the recycling program. SWA was the only dual stream recycling in the State of Florida. In 2010 the SWA implemented a recycling revenue share program. Since 2010 the City has recycled more than 28,000 tons of items which would have gone to a landfill. The City has earned almost $700,000 just from the residents recycling. He thanked the Commission for their leadership and presented a check for $672,000 to the City of Boynton Beach. C. Proclaim November 10-18, 2018 as National Hunger and Homeless Awareness Week. Vice Mayor Romelus proclaimed November 10-18, 2018 as National Hunger and Homeless Awareness Week. Karen Smith, Representative of the Homeless Coalition of Palm Beach County, thanked the Commission for their support. There are 1308 people in Palm Beach County experiencing homelessness. The Coalition provides those who are experiencing homelessness for whatever reason with a place they can be safe. She thanked the Commission and said it takes the community as a whole to end homelessness. To learn more about and how to be involved go to www.homelesscoalitionpbc.org. D. Announcement by Mary DeGraffenreidt, Events and Programs Manager, regarding the 48th Annual Holiday Parade and Grand Marshal entry form upcoming deadlines. 3 Page 16 of 949 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018_ Commissioner McCray wanted to clarify why he requested amounts from previous years. He wanted to ensure the amount being requested would be sufficient for the upcoming year. Vote The motion unanimously passed. 8. PUBLIC HEARING - None 7 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— None 10. UNFINISHED BUSINESS - None 11. NEW BUSINESS A. Approve the request of Commissioner Romelus to distribute $500 of her Community Support Funds to Growing Strong Ministries, Inc. for their Thanksgiving food drive. Motion Commissioner McCray moved to approve with discussion. Commissioner Katz seconded the motion. Commissioner McCray inquired if this was for this fiscal year and how many turkeys were given out. Vice Mayor Romelus responded over 160 families were given rice, beans as well as a turkey. This was a very successful event. Commissioner McCray commended this was what it was all about, taking care of the less fortunate in Boynton Beach. Vote The motion unanimously passed. The following items moved from 2-B and 2-C. B. Make an appointment to fill the vacancy existing in Commission District 4. Mayor Grant inquired as to how many applications were received. Clerk Pyle responded 6 applications were received. 13 Page 17 of 949 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 Mayor Grant asked if it was ok with the Commission to allow each applicant to give a three-minute presentation. Questions at the end of the presentation. Vice Mayor Romelus disclosed she met with Aimee Kelley. There was a consensus for three-minute presentations for each applicant. Charles Kanter lived in the City since 2004. Mr. Kanter relocated from the Key's where he was instrumental in building several parks as well as creating the City of Marathon. He was the Director of Training for the Hundred Cities program through the Department of Labor. There has been no real progress in District IV, but has the highest growth rate in the City. There has been exponential growth with six story apartment buildings, the best restaurants in town. Pointed out his main agenda was the 60-acre park. Mentioned if he was not selected, the Commission should select Rick Maharajh. He would only want this position for the 13 months of Commissioner Casello's remaining term. He hoped to be able to mentor someone for the position. Mayor Grant clarified the position was only till March 2019. There will be an election at that time. Aimee Kelley has been a resident since 2005. Her family are active members and participate and support the many activities happening in Boynton Beach. She was excited to see all the changes which are coming into the City. She has 19 years of experience working in the legal system. Her experience would give her the ability to represent the entirety of the District. She thanked the City for the opportunity to represent the City in its future endeavors. Commissioner McCray asked for clarification regarding the election for District 4, was it for March 2019 or March 2020. Clerk Pyle responded the election is scheduled for March 12, 2019. Commissioner Katz said the person appointed now would only serve until the next election cycle, which was for four months. In March 2019 someone will be elected to fill the remainder of Joe Casello term which was for one year. Then one year later there will be an actual election for the next 3-year term. Rick Maharajh indicated it was truly an honor and a privilege to place his name in the hat with the other candidates. He has lived, worked and played in Boynton Beach for more than 20 years. He has a business based in the City. Mr. Maharajh sits on the Community Redevelopment Agency Advisory Board (CRAAB) working with City budgets. Chairman of the Ambassadors for the Boynton Beach Chamber of Commerce, which manages about 450 businesses throughout the City. He was an engineer and a businessman. He has clients in the business community as well as governmental sectors. He will bring the business as well as the technical aspect to the table. 14 Page 18 of 949 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 Emir Tyrone Penserga was seeking this opportunity to serve and represent the families in District IV. He believes this opportunity is the best way to harness all of his skills and past experiences to serve his community and to make their neighborhood safer. He would support those in the frontlines to make their businesses thrive and to encourage the growth of new businesses and to help protect the environment and overall to ensure that Boynton Beach was a place which they not only want to live, but also a place to work and play. Explained he intends to bring a progressive educator, scientist perspective to the City government to continue and propel forward the great work which has already been done. He shares the vision that Boynton Beach, which was ripe for transformation, to be the next cultural and technology hub of South Florida. Lived in the City of Boynton Beach for the past 20 years. Earned his undergraduate degree at Temple University in Philadelphia. He returned to Boynton Beach to be near his friends, family and to pursue his career. His first job as a teacher was working with underprivileged children. Earned his Master degree at Florida Atlantic University (FAU) and currently working on his PhD in neuroscience also at FAU. At each chapter of his life he has sought to serve others in the capacity he thought would best serve the community, whether it be in student government, fighting for those emergency services that needed to be improved, campaigning to ensure that judges protect homeless, Lesbian, gay, bisexual and transgender (LGBT) youths are elected. The City needs to attract young people and young families to transform Boynton Beach into a vibrant City where we preserve the beauty and peace of the residential communities, but also create an exciting night life with more cafes, culture, and music. Pointed out with this wave comes new businesses and more investments, which means more high paying jobs. If appointed into the City Commission this was what can be expected from him. He would work tirelessly to improve the quality of life for the people of the City of Boynton Beach. He would work with each Commissioner to look for common ground to win where they can all win. He wants to build bridges where they are broken and ensure the growth in this City was inclusive of all communities. He will act decisively but methodically and will assess the merits of any argument based on facts and data and not an ideology. Wayne Segal believed his experience and background could make a significant contribution to the City of Boynton Beach. Served as interim District 4 Commissioner between December 2012 and April of 2013. Among his accomplishments was bringing forth an ordinance to change the percentage necessary to win a Commission seat. He was the Director of Public Affairs for the City for 11 years and established the department along industry standards. Another accomplishment from that time was to make Boynton Beach the first City in South Florida to use social media. He worked in Tallahassee as the Assistant Public Affairs Director for Florida Department of Labor. He has held similar positions with the City of West Palm Beach as well as other cities. Currently he serves on the board of his homeowner's association. Mr. Segal has first-hand knowledge of citizens' concerns. He was a member of the City's Brand Promise committee and taught conversational English to indigenous people in Guatemala. Holds a Master degree from Kent State University and Bachelor's degree from the University of Maine. He was also a national Incident Management certified in communications and every year since he retired he has volunteered to be in the Emergency Operation Center(EOC). Mr. Segal explained 15 Page 19 of 949 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 his vision for a better Boynton was to implement strategies which support business objectives, influence thinking, forge alliance and build consensus which would improve the quality of life for all citizens. Muriel Waldman offered a unique background for District IV. She was a Police Officer for 16 years. The last 15 years she worked with the Boynton Beach Police Department as the Victim's Advocate. She holds a degree in social science. Holds a Master's degree in Criminal Justice from Nova. She comes without any preconceived notions of what the City should be. Understands that the City grows every day and she has the ability to listen. Ms. Waldman indicated she can bring these skills to the Commission. She wants to continue to be a public servant. A Commissioner should be someone which listens to the citizens. Pointed out District IV is self-contained unit of single family dwellings. The City was growing, and she would like to meld the growth. Mayor Grant asked if anyone had any questions. Mayor Grant asked if she plans on running for the District IV Commission seat in March. Ms. Waldman responded she was thinking about running. Commissioner Katz indicated it was his personal belief with the election coming up in March 2019, that he would not be in favor of appointing someone for this brief period that intends to run in March. He believed this would give the person an unfair advantage. He intends to restrict his vote to those individuals which do not plan to run in the March 2019 election. Believes the Commission appointing and potentially anointing the next person for that seat for this appointment was not something he was in favor of doing. Ms. Waldman replied if there was a caveat to signing a pledge for not running she would need to think about it. Commissioner Katz hoped that anyone appointed tonight stating they do not intend to run would be a person of integrity. This was not a formal qualification. He was not in favor of appointing anyone who plans to run for office. Again he stated this was not a formal requirement. Mayor Grant informed the Commission he was on the other end of the spectrum. Anyone who was trying to get appointed would need to face transparency. They would be elected officials. It seems they are bypassing the system. He believes the people in District IV would not consider their appointment as an anointment. Commissioner McCray echoed what was being said by the Mayor. Inquired if Ms. Waldman has any knowledge of the City budget. Asked if she was in favor of Town Square project. Asked if she was in agreement with the Heart of Boynton? And lastly how many commission meetings had she attended? 16 Page 20 of 949 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 Ms. Waldman indicated she was not up to speed on the budget. She has not attended any Commission meetings in the past two years. She needed to be aware of the concerns in District IV. She was not running for Mayor. She was trying to move the City forward. Commissioner McCray pointed out although she may be in District IV her vote would represent the entire City. Ms. Waldman must recognize she would vote on items which affect the entire City. Vice Mayor Romelus thanked Ms. Waldman for her 15 years of services as a Victim Advocate as well as the 16 years as a Police Officer. Commissioner Katz asked if appointed would Mr. Segal publicly state whether he intended to run at the March 2019 election. Wayne Segal responded he did not intend to run in the March 2019 election. He was also in agreement with Commissioner Katz regarding not selecting anyone who intended to run in the March 2019 election. He believes if the person selected intended to run the person would focus on campaigning instead of the work for the City. Commissioner McCray requested a response of the questions previously asked of Ms. Waldman. Mr. Segal stated he was with Wilford Hawkins when he came up with the idea of the Heart of Boynton. He was supportive of it then; he was supportive of it now. The development of the Heart of Boynton will benefit the entire City. Commissioner McCray asked how many meetings had Mr. Segal attended this year. Mr. Segal stated not as many as he should. Vice Mayor Romelus thanked Mr. Segal for his previous service. Mayor Grant called the next applicant. Requested Mr. Penserga pronounce his name. Mr. Penserga responded he goes by the name Tyrone. Pointed out as a person who works in science one of the very first things you will learn was do not try to fake it, people can see right through it. He advised he fully intended to run for the vacant District IV seat in March 2019. Stated he was not aware of the budget. In response to the grand vision for Boynton Beach, it should be a place to live, work and play. He had not attended any in-person meetings. He watches on You tube. Commissioner McCray asked what was his take on the Heart of Boynton. Mr. Pensega noted he would need to have additional details before he could make a decision. 17 Page 21 of 949 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 Commissioner McCray pointed out Mr. Pensega indicated he was up to date on the City Budget. The budget was published online. Told him to begin watching the budget. This was not on the job training. Mr. Pensega wanted to say he was impressed with the grant for improving the technology for the Police Department. Indicated the City needs to be a SMART City and not a City of the past. Mayor Grant asked if Mr. Maharajh intended to run in the March 2019 election. Mr. Maharajh replied he has a deep interest and desire to serve the City of Boynton Beach. He has not made a 100% decision as of yet. Mayor Grant asked if Mr. Maharajh was familiar with the City budget. Mr. Maharajh responded he was. As the City was aware the budget meeting is open to the public as well as the budget workshops where residents can provide input. He was a current CRAAB member and they worked on pieces of the budget and provided recommendations to the City staff. Mayor Grant asked how many Commission meetings he attended. Mr. Maharajh answered he had attended countless meetings, memorials, functions both internally and external. Mayor Grant questioned what would Mr. Maharajh do for the Hearth of Boynton Beach. Mr. Maharajh said the intention was to create a beautiful downtown destination. The City wants to attract Millennials, build environmental sustainable buildings. He expressed the City needs to have reasonable and responsible development. Continue to make Boynton Beach a great place to live and work. Commissioner McCray thanked Mr. Maharajh for listening and attending the City Commission meetings as well as serving on the CRA Advisory Board. Mayor Grant asked if Ms. Kelley planned on running for the vacant positon March 2019. Ms. Kelley answered she does not plan on running in the March 2019 election. Mayor Grant asked if Ms. Kelley was familiar with the City budget. Ms. Kelley responded she was familiar with the City budget. Mayor Grant asked how many Commission meetings has he attended. Ms. Kelley answered because of family schedules, she was unable to attend in person, but she has watched the City Commission meeting on YouTube and the Boynton Beach T.V. Indicated her schedule has changed and she can be a more active participate. Mayor Grant asked if selected what does she see moving forward for the Heart of Boynton Beach. Ms. Kelley responded to support the community engagement and continue to grow the neighborhood police outreach. Commissioner McCray asked if Ms. Kelley had any ties to the employees of the City of Boynton Beach. Ms. Kelley answered in the affirmative. Mayor Grant called the next applicant. Mr. Kanter stated he was under the impression the interim positon was for 13 months. He would like to withdraw his application. He has a lot of experience to provide to the Commission. 18 Page 22 of 949 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 Commissioner McCray acknowledged he was under the impression the position was for 13 months. There was an election coming up in March 2019, there are three seats which are coming up. He was looking for someone with experience, who can take this City where it needs to go, whether it was 4 days or 4 months. They should be able to hit the ground running. Commissioner Katz would only support candidates who do not intend to run. This was not to disparage those who intend to run. The last election he was unopposed. The fact that there were four qualified candidates was awesome. Pointed out only two applicants stated they did not intend to run. Those applicants were Wayne Segal and Aimee Kelley. He thanked and respected Mr. Segal for his previous service as an interim City Commissioner. His personal preference was to select Aimee Kelley who has deep ties to the community. Vice Mayor Romelus agreed with Commissioner Katz to give someone an opportunity to set on the dais for four months and not give a candidate an unfair advantage. She appreciates the interest and the candor. She was grateful and glad there was interest in the City. The City has candidates from the young 30 year olds, business owners and retirees willing to give their time and freedom. She thanked everyone who had shown interest in the District IV position. She wants to ensure a level playing field for the upcoming election in March 2019. She wanted to second the motion for Aimee Kelley. Mayor Grant thanked all of the applicants. Noted each candidate brought something different. Expressed while in politics anyone can say anything about you and it was no longer slander. He encourages all those which intend to run to continue to pursue this goal. Pointed out because of the 50% requirement he was elected Mayor. Mayor Grant expressed Boynton Beach will be better off no matter who was selected. Thanked all those applicants who applied. Commissioner Katz motioned to appoint Aimee Kelley to fill the vacant Commission seat for District IV until the March 2019 election. Commissioner McCray stated he would not be the one to say he does not want someone who wants to run. He believed that it would be an honor to get a chance to become a Commissioner three months. He does not want to penalize anyone which wanted to run. It was a fair game. If the people want you they will vote for you. Mayor Grant requested a vote. Motion Commissioner Katz motion to appoint Aimee Kelley to the Commission IV seat. Seconded by Vice Mayor Romelus. Vote 19 Page 23 of 949 Meeting Minutes City Commission Boynton Beach, Florida November 20, 2018 3-1 (Commissioner McCray dissenting) Commissioner McCray asked about the exempt status of Ms. Kelley. Assistant City Attorney Bridgeman responded the exemption does not change because a person was an elected official. Ms. Kelley thanked the Commission and indicated she was eager to learn more about the City. C. Administer the Oath of Office to newly appointed Commissioner for District IV, if selected. City Clerk Pyle administered the Oath of Office to Aimee Kelley for Commissioner of District IV. 12. Legal A. PROPOSED ORDINANCE NO. 18-032 - FIRST READING - Approval of Ordinance amending Chapter 4, Animals and Fowl, by adding a new section 4-39 adopting new regulations regarding the retail sale of dogs and cats. B. PROPOSED ORDINANCE NO. 18-033 - FIRST READING - Amending Part II. "Code of Ordinances," Chapter 15, "Offences-Miscellaneous," Article I, "In General," Sections 15-8.1 Through 15-8.8; Creating Section 15-8.9 Entitled "Measurement of Noise". 13. FUTURE AGENDA ITEMS A. Annual Evaluation of City Manager by the City Commission — December 4, 2018 B. Discussion of Quantum Park Overlay Dependent District— December 4, 2018 C. Commission wants to discuss public safety as it relates to the Town Square Redevelopment - TBD D. Staff to bring information concerning the following land parcels for the Commission to review- TBD Nichols Property Rolling Green Girl Scout Park 20 Page 24 of 949 NOTICE OF VACANCY CITY OF BOYNTON BEACH DISTRICT 4 COMMISSION SEAT The City of Boynton Beach announces that on November 7, 2018 there will be a vacancy in Commission District Seat 4 resulting from the resignation of Commissioner Joseph Castillo who is running unopposed for Florida State House District 90. Once the i i vacancy occurs, it will be filled by appointment by the City Commission, The appointee will fill the vacancy until the municipal election in March, 1g® To qualify for appointment, an individual must be an elector not less than 21 years of age who has resided in District 4 for not less than one (1) year prior to the date of appointment. All interested qualified individuals who wish to, be considered for appointment should submit to the City Clerk, prior to nom i on November 14, 2018- • A letter of interest, setting forth the applicants qualifications to serve as a City Commissioner, anid • A completed and signed City Advisory Board Application, and • A signed City Residency Statement form, and • Evidence of meeting the one year residency requirement such as a driver's license, voter registration card, residential property deed or lease, or other similar docurnent(5) Notwithstanding the November 1441 deadline, the City Commission reserves the right to review other qualified individuals until such time as an appointment is made. Page 25 of 949 3.B. Announcements, Community and Special Events and Presentations 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Development Department staff will provide the City Commission an update on the SagesGov E-Permitting project implementation. (Tabled from the March 15, 2022 City Commission Meeting.) Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Attachment SagesGov Presentation Page 26 of 949 rn rn - _ i �� rs rs irs Yrs irs Yrs irs Yrs.i �S-, r �=F II� ou 0 UJ film � t i f G4S i 1S i �«F € 4 � . 6 • • f • j • �it • p VJ • NQ 0 • • �,, p a k 1 1° co N YVI t{ L � • • • tilt t r= 1• • 1 �.`- N R3 u N U ..-A 66 N * Q � � N • 1 • C co 06 1i a--� ° o > > o E 0 , 4-J c� E ° a� cn a. p > , � o O N v '+ m � oZS QCL :2 u �_ a Q _ 4 — _I � .-J .Q � + 2 D ' _ > O u Q Q w 0 Q _ U _ _ 3 _ DI cn ca © �-' C ,,, © r4 r4 , Ul) N C114C) N N N u Q o 00 � w C4 N N E o E � co o ` V) z z -, • • s3��a 3� r A O 0 t r 1t p - rf CL co o un cn �pa 0 y.. 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Announcements, Community and Special Events and Presentations 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Announcement by John Durgan, Economic Development Manager, regarding the Boynton Beach Turn the Tables Internship and Career Expo on May 11, 2022. Explanation of Request: The City has partnered with Path to College and CareerSource Palm Beach County to host the Boynton Beach Turn the Tables Internship and Career Expo on May 11th from 2:30prrF5:30pm at the Arts and Cultural Center. The goal of this internship expo is to connect high school students to both paid and unpaid internships as well as other paid positions that provide opportunities for career growth. How will this affect city programs or services? Staff will help market and coordinate the event. Fiscal Impact: Support services are provided by the Marketing and Events Department and Recreation and Parks. Utilizing the Arts and Cultural Center's 2nd floor auditorium. Alternatives: Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 41 of 949 3.D. Announcements, Community and Special Events and Presentations 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Tyler Jasensky, Program Manager of Volunteers for Best Buddies Palm Beach, and Nadine Kasti, Best Buddies Chapter President for Park Vista High School, will announce the 2022 Best Buddies Friendship Walk, and discuss the Peer Buddy one-to-one friendships. Explanation of Request: Best Buddies is a member of the City's Inclusion Support Team. The City has a team registered for the Best Buddies Friendship walk which will take place on Saturday,April 30 at Ballpark of the Palm Beaches. People can register for the walk at: https://www.bestbuddiesfriendshipwalk.org/palmbeach/. 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 42 of 949 3.E. Announcements, Community and Special Events and Presentations 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Announcement of the roll-out of the Historic Plaque I nitiative by Mike Rumpf, Liaison for the Historic Resources Preservation Board. Explanation of Request: The City's Historic Resources Preservation Board Historic Marker Program is ready for implementation now that the standard plaque template has been designed and fabricated. The Board selected cast aluminum based on material durability, cost and its likely low theft appeal. Costing a little over $100 (compared to nearly $600 for the bronze version) the price per unit enables the Board to offer the plaques at no cost to the property owner as an incentive to participate in the program. The Board is coordinating with the Boynton Beach Historical Society to share in the cost of the plaques. This plaque is intended for smaller historic buildings such as individual houses, and a larger version has been designed for larger buildings and dated to identify the Old Boynton High/Cultural Center and the Children's School House Museum. The smaller plaque measures 14 1/2 inches wide and 8 inches high, and the larger plaque measures 20 inches wide and 10 1/2 inches high. See the image included in the attachments. 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 Exhibit Examples of Historic Plaques Page 43 of 949 Page 44 of 949 Historic Plaques for Historic Boynton High School and Boynton School q t ri t a3i4'SN�ti 1+,1r1�R:ir�3�f+i�tlr�,h, - � iAS gr z S�,F Z, -4 3 I I rY F ,i k� r Page 45 of 949 3.F. Announcements, Community and Special Events and Presentations 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Announcement to recognize Shaping Change, LLC as an Inclusion Works Business Partner. Stephanie Soplop and Ted Goodenough will make the announcement recognizing and Dr. Janessa Dominguez, President of Shaping Change. Explanation of Request: The City's Inclusion Works Business Recognition Program is open to all businesses that are located within City limits and have a current BTR with the City. The goal of this free program is to provide resources to businesses to eliminate barriers to individuals with disabilities and showcase the businesses that are inclusive. The City's Inclusion Works Team informs businesses about the program and helps them to meet the requirements so they can be recognized as an Inclusion Works Business Partner. 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 46 of 949 3.G. Announcements, Community and Special Events and Presentations 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proclamation for World Autism Awareness. Proclamation will be accepted by Lisa Pugliese-LaCroix, Founder of Love Serving Autism. Explanation of Request: Each year April 2 is recognized as World Autism Awareness Day and the month of April is National Autism Awareness Month. The City of Boynton Beach is proud to be listed as an Autism Friendly City by FAU Center for Autism and Related Disabilities (CARD). By partnering with organizations such as FAU CARD and Love Serving Autism, the City continues to provide opportunities for individuals with Autism Spectrum Disorder to participate in all that Boynton Beach has to offer. 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 Proclamation Proclamation for World Autism Awareness Page 47 of 949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . proclamation WHEREAS, during the month of April, we strive to promote autism awareness, inclusion, and self- determination for all, and assure that each person with Autism Spectrum Disorder (ASD) is provided an opportunity to achieve the highest possible quality of life. WHEREAS, Love Serving Autism's mission is to expand life skills,especially functional communication, through specialized therapeutic tennis instruction to increase community inclusion and independence of individuals with ASD and Developmental Challenges. WHEREAS,Tennis is a sport full of life's lessons.It teaches individuals with ASD about valuable life skills. A few life skills gained through Love Serving Autism include integrity, sportsmanship, leadership, responsibility,perseverance and confidence. Children and adults with autism who engage in the sport of tennis can experience life-long therapeutic benefits,both on and off the tennis court. WHEREAS,Love Serving Autism's goal is for participants to apply their newly learned skills throughout the community,including school,workplace,social/recreational gatherings,and home settings. NOW THEREFORE,I,Steven B. Grant,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the month of April to be designated as Autism Awareness&Acceptance Month and reaffirm that the City of Boynton Beach will continue to partner with organizations such as Love Serving Autism to provide opportunities for individuals with Autism Spectrum Disorder and Developmental Challenges to fully participate in all that Boynton Beach has to offer. 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 5th day of April,Two Thousand Twenty-Two. Ty Penserga,Mayor ATTEST: Crystal Gibson City Clerk 3.H. Announcements, Community and Special Events and Presentations 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proclamation recognizing April 3-9, 2022 as National Library Week. Library Director Craig Clark will accept the proclamation on behalf of the Boynton Beach City Library. Explanation of Request: National Library Week is observed across the country each year in April to celebrate the impact libraries have on the communities they serve and to encourage everyone to use their local libraries. How will this affect city programs or services? Observing National Library Week will help raise public awareness that our own Boynton Beach City Library is here to serve as a crucial resource and technology hub for the community, providing free access to many difference resources including free Internet, jobs search resources, homework help, small business resources, the Creative Edge Studio, etc. The library is a place for opportunity, education, self-help and lifelong learning. Fiscal Impact: None Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Proclamation Proclamation Page 49 of 949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . proclamation WHEREAS,libraries are cornerstones of democracy,promoting the free exchange of information and ideas for all;and WHEREAS,libraries offer opportunities for eveiyone to connect with new ideas and become their best selves through access to multimedia content,programs,and classes—in addition to books;and WHEREAS,libraries have long sewed as trusted and treasured institu tions for all members of the community regardless of race,ethnicity,creed,ability,sexual orientation,gender identity,or socio-economic status;and WHEREAS,libraries are accessible and inclusive places that foster a sense of belonging and build community.Today's libraries and their seivdces extend far beyond the four walls of a building and eveiyone is welcome to use their resources,- and esources;and WHEREAS, for people lacking broadband at home, libraries provide access to computers and wi-fi, even lending internet hotspots;and WHEREAS, libraries strive to develop and maintain relevant programs and collections that are as diverse as the populations they seive and ensure equity of access for all;and WHEREAS, in times of crisis, libraries, librarians, and library workers play an invaluable role in supporting their communities both in person and virtually.Adapting to a changing world,libraries continuously expand their resources to meet the need of their patrons;and WHEREAS,libraries,librarians,and library workers are joining library supporters and advocates across the nation to celebrate National Library Week,- NOW eek;NOW THEREFORE,I,Ty Penserga,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the of Week of April 3,Two Thousand Twenty-Two as: National hibrarg Wgvk and encourage all residents to visit the Boynton Beach City Library to access resources and seivdces. 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 5th day of April,Two Thousand and Twenty-Two. Ty Penserga,Mayor ATTEST: Crystal Gibson,MMC City Clerk 3.1. Announcements, Community and Special Events and Presentations 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proclamation recognizing April 2022 as Water Conservation Month for the City of Boynton Beach. Sherry McCorkle with the South Florida Water Management District will accept the proclamation. Explanation of Request: Each year, South Florida Water Management District (SFW MD) and the State of Florida designate April as Water Conservation Month. Water conservation is an important component of a dependable water supply. SFW MD and its governing board have invited the City of Boynton Beach to adopt the attached proclamation. A list of proclamations adopted throughout the state will be presented to the SFW MD governing board during its April recognition of Water Conservation Month. How will this affect city programs or services? This proclamation will raise awareness regarding water conservation during periods of low rainfall when demand tends to increase. Fiscal Impact: Alternatives: Strategic Plan: Environmental Sustainability Strategic Plan Application: Climate Action Application: 2020 Climate Action Plan Strategy C-2.3: Water Efficiency & Conservation Is this a grant? Grant Amount: Attachments: Type Description Proclamation Proclamation Page 51 of 949 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Proel C-AM at ion WHEREAS,water is a basic and essential need of every living creature;and WHEREAS, The State of Florida, Water Management Districts and The City of Boynton Beach are working together to increase awareness about the importance of water conservation;and WHEREAS,the State of Florida has designated April,typically a dry month when water demands are most acute, Florida's Water Conservation Month,to educate citizens about how they can help save Florida's precious water resources;and WHEREAS, The City of Boynton Beach has always encouraged and supported water conservation, through various educational programs and special events;and WHEREAS,every business,industry,school and citizen can make a difference when it comes to conserving water; and WHEREAS, every business, industry, school and citizen can help by saving water and thus promote a healthy economy and community;and NOW, THEREFORE, I, Ty Penserga, by virtue of the authority vested in me as Mayor of the City of Boynton Beach,Florida,hereby proclaim April 2022 as: vvat�zr Gon6�zrvatlon Month The City of Boynton Beach, is calling upon each citizen and business to help protect our precious resource by practicing water saving measures and becoming more aware of the need to save water. 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 5th day of April,Two Thousand Twenty-Two. Ty Penserga,Mayor ATTEST: Crystal Gibson,MMC,City Clerk 5.A. Administrative 4/5/2022 A, City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: City Commission to appoint a Vice Mayor to serve until the March 2023 municipal election. Explanation of Request: The City Commission shall appoint a Vice-Mayor pursuant to Section 9 of the Charter and Section 2-1.2 of the City Code of Ordinances: Sec. 9. Mayor, Vice Mayor; election, procedure. At the first regular or special meeting of the City Commission immediately following an election, the Vice-Mayor of the City shall be selected by a vote of the Mayor and Commission. The Vice-Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the commission. In the event, of a vacancy in the office of Mayor, the Vice-Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. If,for any reason, there shall be a vacancy in the office of Mayor, a special election shall be held within sixty(60)days of the date of said vacancy, provided that should said vacancy occur within one hundred (100)days of a regularly scheduled general election, no such special election shall be held and the Mayor, or successor Mayor,shall be elected at the general election. Upon the election of a successor Mayor, the Vice- Mayor shall reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the term of the originally duly elected Mayor. In the event of a vacancy in the office of Vice-Mayor, the vacancy on the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a successor Vice-Mayor shall be elected by a vote of the Mayor and City Commission. Sec. 2-1.2. Vice-Mayor appointment. At the first Commission meeting in April of each year,the City Commission shall appoint one of its members to serve as Vice- Mayor.Any member of the City Commission who has not previously served as Vice-Mayor during his or her current term of office may be selected to serve as Vice-Mayor. No second of the nomination is required. Voting shall occur in the following manner: Voting shall be by voice vote. Each member of the Commission shall vote for one nominee in each round of voting until one person obtains a majority vote. If no nominee obtains a majority in round one, a second round of voting will occur but the nominee with the least number of votes in the first round does not move on to round two. If the Commission is unable to appoint a Vice-Mayor as provided herein, the previously appointed Vice-Mayor will continue to serve in that capacity for another one year term. If only one member is nominated to serve as Vice-Mayor, the Mayor shall declare the nominee appointed by acclamation without the necessity of a vote. Since 2014, the Vice Mayor has served for one year terms, with the exception of 2014-2016 when the same individual served as Vice Mayor for two years. There was no municipal election in 2015. Name Began Serving as Vice-Mayor Vice-Mayor Term ended Term Served as Vice Mayor Joe Casello 3/18/2014 4/5/2016 First term Mack McCray 4/5/2016 4/4/2017 First term J usti n Katz 4/4/2017 3/20/2018 First term Christina Romelus 3/20/2018 3/19/2019 First term Justin Katz 3/19/2019 4/21/2020 Second term Ty Penserga 4/21/2020 5/18/2021 First term Woodrow Hay 5/18/2021 Presently serving First term How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Page 53 of 949 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 54 of 949 5.B. Administrative 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-047-Appoint a City Commission representative and alternate to the Countywide I ntergovernmental Coordination Program. Explanation of Request: The Countywide I ntergovernmental Coordination Program has been in place for several years under the auspices of two interlocal agreements that were signed by all municipalities, the School Board, the Water Management District and several special districts. The members of this Forum meet quarterly to discuss issues of inter-jurisdictional significance. Each individual local government decides the length of the term. Former Commissioner Christina Romelus is currently serving as the representative and Mayor Ty Penserga is currently serving as the alternate. How will this affect city programs or services? Maintain awareness and have input into matters of inter- jurisdictional significance. Fiscal Impact: None Alternatives: The alternative would be not to make an appointment to this program. Strategic Plan: Strategic Plan Application: Climate Action Application: No Is this a grant? Grant Amount: Attachments: Type Description Resolution appointing City Representatives to Resolution Countywide Intergovernmental Coordination Program Page 55 of 949 I RESOLUTION NO.R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE TO 5 THE COUNTYWIDE INTERGOVERNMENTAL COORDINATION 6 PROGRAM, AND APPOINTING AS 7 ALTERNATE REPRESENTATIVE TO THE COUNTYWIDE 8 INTERGOVERNMENTAL COORDINATION PROGRAM; AND PROVIDING 9 AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 12 representation on the Countywide Intergovernmental Coordination Program; and 13 14 WHEREAS, the City Commission has considered the qualifications necessary for such 15 representation and wishes to bestow upon the following named individuals such right and honor of 16 service. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 19 CITY OF BOYNTON BEACH,FLORIDA THAT: 20 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true 22 and correct and incorporated herein by reference. 23 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 25 as a representative to the Countywide Intergovernmental Coordination 26 Program and appoints as alternate representative to the 27 Countywide Intergovernmental Coordination Program. 28 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 31 PASSED AND ADOPTED this 5th day of April,2022. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 36 Mayor—Ty Penserga 37 38 Commissioner—Angela Cruz 39 40 Commissioner—Woodrow L. Hay 41 42 Commissioner—Thomas Turkin 43 44 Commissioner—District 4 -Vacant 45 46 VOTE 47 ATTEST: 48 49 50 Crystal Gibson,MMC 51 City Clerk 52 53 (Corporate Seal) S:ACA\RESO\Appointments\Countywide Intergovernmental Coordination Program 2022-Reso.Docx Page 56 Of 949 5.C. Administrative 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-048-Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). Explanation of Request: The Coalition of Boynton West Residents Association (COBWRA) is a civic organization representing the residential communities of West Boynton Beach, Florida, in unincorporated Palm Beach County. As a courtesy to the City of Boynton Beach, a City representative and alternate are welcome to attend the meetings to address issues of interest or concern. The meeting is held the 3rd Wednesday of each month at 10:00 a.m. at various locations throughout the COBW RA area. The current representative is former Commissioner Justin Katz and the alternate is former Mayor Steven B. Grant. How will this affect city programs or services? Maintain awareness of matters of significance to the City. Fiscal Impact: None Alternatives: The alternative to this decision would be to not make an appointment to this association. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Resolution Resolution appointing City Representatives to COBWRA Page 57 of 949 I RESOLUTION NO.R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA,APPOINTING AS A 5 REPRESENTATIVE TO THE COALITION OF BOYNTON 6 WEST RESIDENTS ASSOCIATION (COBWRA), AND 7 APPOINTING AS ALTERNATE 8 REPRESENTATIVE TO THE COALITION OF BOYNTON 9 WEST RESIDENTS ASSOCIATION (COBWRA); AND 10 PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 13 representation on the Coalition of Boynton West Residents Association (COBWRA); and 14 15 WHEREAS, the City Commission has considered the qualifications necessary for such 16 representation and wishes to bestow upon the following named individuals such right and honor of 17 service. 18 19 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 20 CITY OF BOYNTON BEACH,FLORIDA THAT: 21 22 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true 23 and correct and incorporated herein by reference. 24 25 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 26 as a representative to the Coalition of Boynton West Residents 27 Association (COBWRA) and appoints as alternate 28 representative to the Coalition of Boynton West Residents Association(COBWRA). 29 30 Section 3. That this Resolution shall become effective immediately upon passage. 31 32 PASSED AND ADOPTED this 5th day of April,2022. 33 34 CITY OF BOYNTON BEACH, FLORIDA 35 YES NO 36 37 Mayor—Ty Penserga 38 39 Commissioner—Angela Cruz 40 41 Commissioner—Woodrow L. Hay 42 43 Commissioner—Thomas Turkin 44 45 Commissioner—District 4 -Vacant 46 47 VOTE 48 ATTEST: 49 50 51 Crystal Gibson,MMC 52 City Clerk 53 54 (Corporate Seal) S:\CA\RESO\Appointments\COBWRA2022-Reso.Docx Page 58 of 949 5.D. Administrative 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-049- Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. Explanation of Request: The Palm Beach County League of Cities shall advocate the collective interests of the municipalities in Palm Beach County in accordance with the principles of self-government. The Board for the Palm Beach County League of Cities meets on the fourth Wednesday of each month at 10:30 a.m. at various locations. The membership term is one year. Currently, Vice Mayor Woodrow Hay is serving as the representative and Mayor Ty Penserga is the alternate representative to this Committee. How will this affect city programs or services? Maintain awareness and have input into matters of significance to the City. Fiscal Impact: None Alternatives: The alternative would be to not make an appointment to this organization. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Resolution Resolution appointing City Representatives to Palm Beach League of Cities Page 59 of 949 I RESOLUTION NO.R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE 5 TO THE PALM BEACH COUNTY LEAGUE OF CITIES, AND 6 APPOINTING AS ALTERNATE 7 REPRESENTATIVE TO THE PALM BEACH COUNTY LEAGUE OF 8 CITIES;AND PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 12 representation on the Palm Beach County League of Cities; and 13 14 WHEREAS, the City Commission has considered the qualifications necessary for such 15 representation and wishes to bestow upon the following named individuals such right and honor of 16 service. 17 18 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 19 CITY OF BOYNTON BEACH, FLORIDA THAT: 20 21 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true 22 and correct and incorporated herein by reference. 23 24 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 25 as a representative to the Palm Beach County League of Cities and 26 appoints as alternate representative to the Palm Beach County 27 League of Cities. 28 29 Section 3. That this Resolution shall become effective immediately upon passage. 30 31 PASSED AND ADOPTED this 5th day of April,2022. 32 33 CITY OF BOYNTON BEACH, FLORIDA 34 YES NO 35 36 Mayor—Ty Penserga 37 38 Commissioner—Angela Cruz 39 40 Commissioner—Woodrow L. Hay 41 42 Commissioner—Thomas Turkin 43 44 Commissioner—District 4—Vacant 45 46 VOTE 47 ATTEST: 48 49 50 Crystal Gibson,MMC 51 City Clerk 52 53 (Corporate Seal) S:ACA\RESO\Appointments\Pahn Beach County League Of Cities 2022-Reso.Docx Page 60 of 949 5.E. Administrative 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-050-Appoint a City Commission representative and alternate to the Transportation Planning Agency (Formerly known as the MPO, Metropolitan Planning Organization). Explanation of Request: The Transportation Planning Agency (TPA)was created by federal regulations and Florida Statutes to meet federal requirements for obtaining and expending federal transportation funds. The TPA is composed of local elected officials from County and municipal bodies. The responsibilities of the TPA encompass multi-modal transportation planning and addresses short-term (five-year) and long-range (20-year) time frames. The TPA meeting is held on the 3rd Thursday of the month at the PBC Governmental Center on Olive Avenue. They begin at 9:00 a.m. and typically last two hours. Currently, Former Mayor Steven B. Grant is serving as the representative and Mayor Ty Penserga is the alternate representative to this Committee. How will this affect city programs or services? Maintain communications and awareness of TPA initiatives that may affect the City. Fiscal Impact: None Alternatives: The alternative would be to not make an appointment to this organization. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 61 of 949 Type Description Resolution Resolution appointing City Representatives to TPA Page 62 of 949 I RESOLUTION NO.R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPOINTING AS A REPRESENTATIVE TO 5 THE TRANSPORTATION PLANNING AGENCY (F/K/A METROPOLITAN 6 PLANNING ORGANIZATION),AND APPOINTING AS 7 ALTERNATE REPRESENTATIVE TO THE TRANSPORTATION 8 PLANNING AGENCY; AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the City Commission of the City of Boynton Beach, Florida, is entitled to 11 representation on the Transportation Planning Agency; and 12 13 WHEREAS, the City Commission has considered the qualifications necessary for such 14 representation and wishes to bestow upon the following named individuals such right and honor of 15 service. 16 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 17 CITY OF BOYNTON BEACH,FLORIDA THAT: 18 19 Section 1. The "WHEREAS" clauses above are hereby ratified and confirmed as being true 20 and correct and incorporated herein by reference. 21 22 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby appoints 23 as a representative to the Transportation Planning Agency and appoints 24 as alternate representative to the Transportation Planning 25 Agency. 26 27 Section 3. That this Resolution shall become effective immediately upon passage. 28 29 PASSED AND ADOPTED this 5th day of April,2022. 30 31 CITY OF BOYNTON BEACH, FLORIDA 32 YES NO 33 34 Mayor—Ty Penserga 35 36 Commissioner—Angela Cruz 37 38 Commissioner—Woodrow L. Hay 39 40 Commissioner—Thomas Turkin 41 42 Commissioner—District 4 Vacant 43 44 VOTE 45 ATTEST: 46 47 48 Crystal Gibson,MMC 49 City Clerk 50 51 (Corporate Seal) S:\CA\RESO\Appointments\TPA(Fka MPO)2022-Reso.Docx Page 63 of 949 5.F. Administrative 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Annual appointment and reappointment of eligible members of the community to serve in vacant positions on City advisory boards. Explanation of Request: On March 31, 2022, several existing board members' terms have expired. The City Clerk's Office has received applications from those who are current board members seeking reappointment along with City residents who are seeking to become new board members. The attached list contains term openings and vacancies on the various advisory boards 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: Page 64 of 949 Type Description D Attachment Appointments and Applicants for 04-05-22 D Attachment DeAn, Thomas Library Board D Attachment DeAn, Thomas Senior Advisory Board D Attachment GrceNAc, Sharon CRAAdvisory Board D Attachment Hartmann, Gregory CRAAdvisory Board D Attachment Hayden, Stephanie Library Board D Attachment Litsch, Tim ISD Advisory Board D Attachment Lowe, Ben Historic Res, Preservation Board D Attachment Lyman, Judith Senior Advisory Board D Attachment Mc wire, Courtlandt CRAAdvisory Board D Attachment Moodie, Clovis Art Advisory Board D Attachment Ramiccio, Thomas IS Advisory Board D Attachment Roundtree, Lesha CRAAdvisory Board D Attachment Sobel, Jay ISD Advisory Board D Attachment Swee, Warren CRAAdvisory Board Page 65 of 949 Appointments and Applicants for April 5, 2022 Art Advisory Board Mayor Penserga Reg 2 yr term to 3/24 1 Cruz Reg 2 yr term to 3/24 Applicant: Clovis Moodie- Current board member seeking reappointment for second term. Building Board of Adjustments and Appeals 11 Hay Reg 2 yr term to 3/24 III Turkin Alt 1 yr term to 3/23 IV Vacant Alt 1 yr term to 3/23 Applicants: None Community Redevelopment Agency Advisory Board Mayor Penserga Reg 2 yr term to 3/24 1 Cruz Reg 2 yr term to 3/24 Applicants: Sharon Grcevic-Current board member seeking reappointment for second term Gregory Hartmann Courtlandt McQuire Lesha Roundtree Warren Swee Education and Youth Advisory Board 11 Hay Reg 2 yr term to 3/24 III Turkin Alternate 1 yr term to 3/23 IV Vacant Student 1 yr term to 3/23 Mayor Penserga Student 1 yr term to 3/23 Applicants: None Historic Resources Preservation Board I Cruz Reg 2 yr term to 3/24 11 Hay Reg 2 yr term to 3/24 III Turkin Reg 2 yr term to 3/24 IV Vacant Reg 2 yr term to 3/24 Mayor Penserga Alt 1 yr term to 3/23 Applicant: Ben Lowe-Current board member seeking reappointment for second term Library Board I Cruz Reg 2 yr term to 3/24 11 Hay Reg 2 yr term to 3/24 Page 66 of 949 Appointments and Applicants for April 5, 2022 III Turkin Reg 2 yr term to 3/24 IV Vacant Reg 2 yr term to 3/24 Mayor Penserga Alt 1 yr term to 3/23 1 Cruz Alt 1 yr term to 3/23 Applicants: Thomas Devlin Dr. Stephanie Hayden-Adeyemo- Current board member seeking reappointment for second term. Planning & Development Board 11 Hay Reg 2 yr term to 3/24 III Turkin Reg 2 yr term to 3/24 IV Vacant Reg 2 yr term to 3/24 Mayor Penserga Alt 1 yr term to 3/23 1 Cruz Alt 1 yr term to 3/23 Applicants: Tim Litsch -Current board member seeking reappointment for second term. Thomas Ramiccio—Current board member seeking reappointment for second term. Jay Sobel —Current board member seeking reappointment for second term. Recreation and Parks Board 11 Hay Reg 1 yr term to 3/24 Applicants: None Senior Advisory Board III Turkin Reg 2 yr term to 3/24 IV Vacant Reg 2 yr term to 3/24 Mayor Penserga Reg 2 yr term to 3/24 1 Cruz Reg 2 yr term to 3/24 11 Hay Alt 1 yr term to 3/23 III Turkin Alt 1 yr term to 3/23 Applicants: Thomas Devlin -Current board member seeking reappointment for second term. Judith Lyman -Current board member seeking reappointment for second term. Page 67 of 949 Stanzione, Tamm From: City Clerk Sent Thursday, March 17, 2022 3:28 PM To: Stanzione, Tammy Subject: FVV�Advisory Board Appointment application From: tpdev|in <nnnep|y@123fo/mbui|der.com> Sent:Thursday, March 17, 2O22Z:24PK4 To: City Clerk<[ityOerk@bbO.us> Subject:Advisory Board Appointment application Today's date 03/17/2022 Name Thomas Devlin Phone number 561-436-0319 Address 2840 SE 1stCt Boynton Beach F| 33435 United States Email Current occupation or, if Retired, IBM Wireless/mobility Architect, SW Engineer, Business Developer retired, prior occupation Education A.S. Palm Beach State, B.A.S. F4U, M.S. M.O.T./M.B.A. Univ Miami Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Doyou ovvn/rnonaQeabu�iness ' No within City limits? if"yes", name ofbusiness: Are you currently serving ona Yes City board? Have you served onaCity Yes board in the past? |f"yes", which 6oard(s) and CRAAB2O18-ZO2O when? SRADV 2O2O'2O22 Have you ever been convicted No ofacrime? |f"yes",when and where? Advisory Board Library Board � Page 68Of949 Ifappointed bythe City Commission toserve aaBoard Yes Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications I'm adept at learning, my skill set is long and deep. My Linkedin profile is highly. recommended byCEO's, Managers, Partners &Colleagues. In particular, I'm impressed with our current libraries advancements and would like to ensure maintains future relevance as a knowledge-base experience In an ever increasing digital technology society My infectious "Can Do" spirit approach to new assignments produced strong performance evaluations, 6 promotions, 1 Patent, 11 awards, 9 articles& papers published. Professional Memberships Feel free toattach/upload an extra sheet orresume. 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 9932.l78.S8(United States) atZ022-03'l7l3:2]:33onSafari l3.1 Entry ID:Sl9 Referrer Form Host: 2 Stanzione, Ta From: City Clerk Sent Thursday, March 17, 2O22328PK4 To: Stanzione, Tammy Subject: FW:Advisory Board Appointment application From: tpdev|in <novep|y@I23formbui|der.com> Sent:Thursday, March 17, 2022 3:10 PIVI To: City Clerk<CityC|erk@bbf|.us> Subject: Advisory Board Appointment application Today's date 03/17/2022 Name Thomas Devlin Phone number 561-436-0319 Address 2840SE1siCt Boynton Beach 33435 United States Email Current occupation or, if IBM SrWireless Architect, Software Engineer, Business Developer retired, prior occupation Education ASPalm Beach State, BAS FAU, K4SMOT/MBA Univ. Miami Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Doyou oxvm/rnana��abusin�ss ' No within City limits? if"yes", name ofbusiness: Are you currently serving ona ,es City board? Have you served onaCity Yes board inthe past? |f"yes", which board(s)and CRAA8. 2O1O-2020 when? SIR ADV 2O20' present Have you ever been convicted No ofacrime? |f"yes", when and where? Advisory Board Senior Advisory Board � Page 70Of949 if appointed bythe City Commission toserve asBoard ,es Chair nrVice Chair are you willing toserve |nthis capacity? Personal Qualifications Retired Sr myself, vested interest in seeing needs of Seniors met within our city. My education,unique qualifications and experience are beneficial to most Boards. I'm known for being a curious, engaged, adaptable, upbeat, constant lifetime learner. |'no adept at learning, myskill set is long and deep. My Linked|n profile is highly. recommended by[EO's, Managers, Partners& Colleagues. I'm an innovative, astute, results driven business technical leader. Solve problems and make things happen. Bridge business imperatives with implementation. Professional Memberships Feel free toattach/upload an extra sheet orresume. Certification |, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 99.J2.178.58 (United States) at202Z'03-l7 14:1O:14onSafari 15.1 Entry ID: 520 Referrer: Form Host: 2 Stanzione, Tammy From: City Clerk Sent Thursday, March O3. 2O22 1222 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: buyntonrea|ty<no/ep|y@123formnbui|der.cono> Sent: Thursday, March 3, 2O2J12:17PK4 To: City Clerk<Oty[|e/k@bbO.us> Subject: Advisory Board Appointment application Today's date 03/03/2022 Name 3haronGrcevic Phone number 561-252-2519 Address 7043 [heopeakeCircle Boynton Beach FL33436 United States Email Current occupation or, K Broker/owner retired, prior occupation Education Some college Are you aregistered voter? Yes Do you reside within the Yes Boynton Beach City limits? Doyou ovvn/rnana8eabus|n�s� . Yes within City limits? |f"yeo", name ofbusiness: Boynton Beach Realty Are you currently serving mna Yes City board? Have you served omaCity Yes board inthe past? |f"yem",which board(m)and Currently serve onCRA advisory board when? Served unP&Dinthe past Have you ever been convicted No ofacrime? |f"yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board z Page 72Of949 Mappointed hvthe City Commission tmserve as Board Yes Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications I am a full time City of Boynton Beach resident 24 years. The sole broker/owner of Boynton Beach Realty since 2OO1. 1 have been in real estate since 1988. My first 10 years in Illinois where I specialized in new construction. Fully involved in the planning ofnew communities from inception thru building permits and design stages.To the fully developed sold and occupied new neighborhoods. After moving to Florida and working at a couple of franchise real estate companies. { decided a small independent real estate office would complement a need in the area. Since | loved Boynton Beach snmuch. The name Boynton Beach Realty seemed appropriate. Professional Memberships Member ofLocal Real Estate board ofBrovva/d, Palm Beaches, St Lucie Member ofNational Association ofRealtors. Licensed Real Estate Broker. Feel free 10attach/upload an extra sheet orresume. Certification |,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 73.0.30.244 (United States)at 2022-03-03 12:17:22 on Chrome 98.0.4758.102 Entry ID: 513 Referrer: Form Host: 2 Stanzione, Tammy From: City Clerk Sent Thursday, March 17, 2022328PM To Staodone, Tammy Subject: FW: Advisory Board Appointment application From: Qre8ha/ts<norep|y@1Z3formbui|der.com> Sent:Thursday, March 17' 2O22lI:5]AM To: City Oe/k<CityC|erk@bbf|.us> Subject:Advisory Board Appointment application Today's date 03/17/3022 Name Gregory Hartmann Phone number 954-258-3236 Address 1083SVV25PL Boynton Beach FL334Z6 United States Email Current occupation or, |f business owne�motiongmphica�i� redred, prior occupation ' Educaton some college Are you aregistered voter? Yes Do you reside within the Yes Boynton Beach City limits? Doyou oxvn/rn�na8eabunin�ss ' Yes within City limits? |f"yes", name ofbusiness: Modern Animal LLC Are you currently serving ona ,es City board? Have you served onaCity Yes board |nthe past? |f"yes" which' Art advisory board, alternate. when? Have you ever been convicted No ofacrime? |f"yeo",when and where? Advisory Board Community Redevelopment Agency Advisory Board � Page 74Of949 |fappointed 6vthe City Commission toserve asBoard ,es Chair orVice Chair are you willing toserve inthis capacity? Personal Qualifications I am a small business owner. I currently serve on our Art Advisory Board. I recently ran for city commission, and have a great understanding of the opportunities and challenges ahead for Boynton Beach and the CRA district. I have lived in South FL my entire life, and have seen how cities either plan well, ornot, and what the impact is on our daily lives. I do a lot of reading regarding law and legal issues, and believe this gives me a better understanding how our processes work. Im one of the types who really enjoys reading budgets and legal papers. I want to serve our city, and help ensure the best future for all residents of Boynton Beach. -GH Professional Memberships Delray Beach-PBA Boynton Beach Art Advisory Board Feel free tmattach/upload an extra sheet nrresume. 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 boa/d. The message has been sent from 73.205.112.43 (United States) at 2022-03-17 10:53:17 on Safari 152 Entry ID: 51D Form Host: Stanzione, Tamm From: City Clerk Sent: Thursday, March 03, 2022 12:12 PM To: Stanzione, Tammy Subject: FW:Advisory Board Appointment application From: monroe_s<noreply@123formbuilder.com> Sent:Thursday, March 3, 2022 12:11 PM To:City Clerk<CityClerk@bbfl:us> Subject:Advisory Board Appointment application Today's date 03/03/2022 Name Stephanie Hayden Phone number Address 2181 SW 15th Ave. N102 N102 Boynton Beach FL Florida 33426 United States Email monroe smail.com Current occupation or, if Federal Grants Coordinator retired,prior occupation Education Howard University Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a businessYeswithin City limits? If"yes", name of business: The Learning NoMad LLC Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If"yes",which board(s)and Education&Youth Advisory Board and Library Board when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Library Board Page 76 of 949 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 am currently on this board and believe that I have brought a greater perspective to fellow members for the most vulnerable population that our library support.I am an educational advocate and library science advocate. Libraries are the epicenter of all great communities. Professional Memberships Florida Educator Association Broward Teacher's Union Feel free to attach/upload an extra sheet or resume. Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed,any false statements may be cause for removal from a board. The message has been sent from 172.58.4.110(United States)at 2022-03-03 12:10:35 on Chrome 97.0.4692.70 Entry ID:512 Referrer:https://Www.bo nton beach.or�,' Form Host:httrss�form.123formbuilder.com/583214'advisory-board-a r)rmintmentapolication 2 Page 77 of 949 Stanzija --- From: City Clerk Sent: Thursday, March O3. 20223:07 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: southuceandrive<norep|y@123formobui|derzom> Sent: Thursday, March 3' 2O223:84PK4 To: City Clerk<City[|erk@bbf|.us> Subject:Advisory Board Appointment application Today's date 03/03/I023 Name Tim Litsch Phone number 854-494-7271 Address I2Colonial Club Drive#2OS Boynton Beach FL33435 United States Email Current occupation or, if Retired /Telecommunications retired, prior occupation Education Bachelor's Degree inCommunications Are you aregistered voter? Yes Do you reside within the Yes Boynton Beach City limits? Doyou oxvn/rn�na�e� busin��s ' No within City limits? |f"yes", name ofbusiness: Are you currently serving ona ,es City board? Have you served on City Yes board |nthe past? |f"yes",which huard(s)and | have been amember ofthe Planning and Development Board for several years, when? initially appointed as an Alternate in June of 2019, and 'promoted' to Member in December of202g. Have you ever been convicted No of crime? |f"yes",when and where? Advisory Board Planning & Development Board z Page 78Of949 If appointed bxthe City Commission bmserve ayBoard Yes Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications |naddition to my service in Boynton Beach, | have previously served 5years onthe Planning and Zoning board nfCooper City, (Brovva/dCounty) FL, aswell asaterm asan elected Commissioner in Cooper City. | have retained my interest in planning and development/zoning matters since that time. My retirement status affords methe time to devote to such volunteer activities, and | look forward tocontinuing tobring mylevel ofexpertise toBoynton Beach. Professional Memberships Feel free toattach/upload an extra sheet nrresume. Certification |, 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 66.229.0.246 (United States)at2022-O3-03 15:03:40 on Firefox97.O Entry ID:514 Referrer: Form Host: 2 Op Stanzione, Tamm From: City Clerk Sent: Friday, March 04, 2022 2:52 PM To: Stanzione,Tammy Subject: FW: Advisory Board Appointment application From: bplowe1534<noreply@123formbuilder.com> Sent: Friday, March 4, 2022 2:30 PM To:City Clerk<CityClerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 03/07/2022 Name Ben Lowe Phone number 561-317-5174 Address 751 SW 35th Ave. Boynton Beach FL 33435 United States Email bplow4 1 i l .r Current occupation or, if Professor and Chair, Department of History, Florida Atlantic University retired, prior occupation Education PhD in History from Georgetown University Are you a registered voter? Yes Do you reside within the Boynton Beach City limits? Yes Do you own/manage a business No within City limits? If"yes", name of business: Are you currently serving on a Yes City board? Have you served on a City Yes board in the past? If"yes",which board(s)and Historic Resources Preservation Board (currently) when? Community Relations Board Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Historic Resources Preservation Board 1 Page 80 of 949 If appointed by the City Commission to serve as Board No Chair or Vice Chair are you willing to serve in this capacity? Personal Qualifications I am currently a member of the Historic Resources Preservation Board to which I was originally appointed in 2019. For all of the reasons I gave when I applied then, I would like to remain on the board. I am an active citizen of the City and devote much of my time to its improvement. I am currently Chair of FAU's History Department and have much professional expertise in history and historical preservation,which I studied while earning my PhD. I have been a member of the Greater Boynton Beach Sister Cities and was on the Community Relations Board before it was dissolved. I believe my service to the HRPB has been commendable and that I've earned the opportunity to continue on it.Thank you. Professional Memberships American Historical Association Boynton Beach Historical Society Board member Feel free to attach/upload an extra sheet or resume. Certification I,the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed,any false statements may be cause for removal from a board. The message has been sent from 3.142.35.85 (United States)at 2022-03-0414:30:08 on Chrome 98.0.4758.81 Entry ID:516 Referrer:Iitti)s:/Iwww,bg�rpt :¢-beach.(.)ir IL Form Host:hMas://form.1.2 rrnbuiIdr.c l',5a ?Iii: jo i 2 Page 81 of 949 Stanzione, Tamm From: City Clerk Sent: Thursday, March 03, 2022 12:12 PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: secretaryexpress <noreply@123formbuilder.com> Sent:Thursday, March 3, 2022 12:06 PM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 03/03/2022 Name Judith Lyman Phone number 561-704-2507 Address 38 Southport Lane Apt C Florida 33436 United States Email secretar ex ress aol.com Current occupation or, if retired retired, prior occupation Education 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 Yes City board? Have you served on a City Yes board in the past? If"yes", which board(s)and Senior Advisory Committee when? Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Senior Advisory Board i Page 82 of 949 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 have been a member of the Senior Advisory Board for 2 years I am a Notary Public I am a licensed Life, Health, and Variable Annuity agent for over 30 years Professional Memberships Senior Advisory Board, Boynton Beach, FL Public Notary for 6 years Florida Department of Insurance Licensed agent for 30 years Feel free to attach/upload an extra sheet or resume. Certification I, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 134.56.137.50(United States)at 2022-03-03 12:05:53 on Safari 15.3 Entry ID: 510 Referrer:htt s: www.bobnton-begch.or Form Host: https://form.123formbuilder.com/583214jadvisory-board-appointment application 2 Page 83 of 949 Stanzione, Tammy Prmrn: City Clerk Sent Fhday, March 25. 20222:56 PM To: Stanzione, Tammy Subject: FW:Advisory Board Appointment application From: court<norep|y@123formbui|der.com> Sent: Friday, March 25, 202J3:49PM To: City Clerk<[ityOerk@bhf|.us> Subject:Advisory Board Appointment application Today's date 05/25/2022 Name Court|andtMc(luire Phone number Address 506 WHISPERING PINES ROAD Boynton Beach BOYNTONBEACH, FLS3435FL3343S United States Email Current occupation or, if Advertising and marketing pot|ne6, prior occupation Education BA Univ of Kansas Are you aregistered voter? Yes Do you reside within the Yes Boynton Beach City limits? Doyou ovvn/nnanaQ�abus|ness ' Yes within City limits? If"yes", name of business: Red Bur Integrated Marketing Are you currently serving on a No City board? Have you served onaCity Yes board inthe past? |f"yas", which bnard(s)and Chair ofthe Arts Advisory Board from 2O17 -March 2022 when? Have you ever been convicted No wfacrime? |f"yes"'when and where? Advisory Board Community Redevelopment Agency Advisory Board z Page 84Of949 |fappointed bythe City Commission toserve nsBoard ,es Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications I have experience in land development, retail and tourism. As the President of an Advertising Agency for the past 27 years. I have deep knowledge of many silos of industry and I feel this experience is needed for our community at this time.Thanks for your consideration. Professional Memberships Former candidate for City Commissioner Licensed Foster Parent Former Chairman for the Arts Advisory Board Feel free toattach/upload an extra sheet orresume. 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 73.46.67.2O6 (United States)at2O22-O3'2513:49:01onChrome 99.0.4844.83 Entry ID: 524 Form Host: Stanzione, Ta From: City Clerk Sent: Thursday, March U3. 2U223:48PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: mcarvO5 <novep|y@1Z3formbui|der.com> Sent: Thursday, March 3, 2022 3:38 PM To: City Clerk<CbyC|erk@bbf|.us> Subject:Advisory Board Appointment application Today's date 03/03/2022 Name Clovis Moodie Phone number 561-601-8492 Address 36386E2nd Street Boynton Beach Florida 33435 United States Email Current occupation or, |f Educator retired, prior occupation Education M.A. Special Education and K4.A. -Education Leadership Are you aregistered voter? Yes Doyou reside within the Yes Boynton Beach City limits? Doyou ovwn/nn�n�Q�� ms|ness ' No within City limits? |f"yes", name mf business: Are you currently serving on a ,es City board? Have you served on a City Yea board inthe past? |f"yes",which board(s)and ' Arts Advisory Board when? Have you ever been convicted No of crime? If"yes",when and where? Advisory Board Art Advisory Board � Page 86 Of 949 If appointed bvthe City Commission toserve asBoard ,es Chair orVice Chair are you willing toserve inthis capacity? Personal Qualifications I have served on and I am currently on the Arts Advisory Board. I have resided in the city of Boynton Beach since 1980. Many years ago, my family and I passionately worked to advocate for the preservation of the parcel of land which became the Seacrest6crub. As an educator, I worked for over 40 years, to teach children, provide advocacy skills to parents, and create professional development for teachers/staff members. Highlights of my career included: teaching technology, coordinating service for students with disabilities, and writing grants. Being on the AAB a||uvvs me totransfer and use many nfmy professional skiUsetsand attributes to serve fellow residents of Boynton Beach. Professional Memberships Zeta Phi Beta Sorority, Inc. Phi|antnVhic Education Organization Healthier Boynton Beach Palm Health Foundation (Community Investment Committee) National Education Foundation Feel free toattach/upload an extra sheet orresume. 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 73.1.178.43 (United States)at202Z03-O3l5:38:01onChrome 98.0.4768.lO2 Entry ID: 515 Referrer Form Host: Stanzione, Tammv From: tramiccio <nmrep|y@123formbui|de/zom` Sent: Saturday, March 19, 2022 6:04 AM To: City Clerk Subject: Advisory Board Appointment application Today's date 03/09/2022 Name ThomaRamicdu Phone number 561-385-7812 Address 4O65T/nvitaBlvd Boynton Beach F| 33436 United States Email trarn|cdo@ao}zom Current occupation or, |f Retired chamber ofCommerce Executive, mayor retired, prior occupation Education Lake Worth High, graduate, Goaldcoast Realestate School, Graduate Advanced Institute of Government F|U Are you a registered voter? Yes Doyou reside within the Yes Boynton Beach City limits? Doyou ovvn/rnano�eabus|n�so ' No within City limits? If"yes", name ofbusiness: Are you currently serving ona ,es City board? Have you served onaCity Yes board |mthe past? |f"yes" which' board(s) Planning board, historic board when? Have you ever been convicted No of crime? |f"yes",when and where? Advisory Board Planning & Development Board |fappointed bythe City Commission toserve asBoard Yes Chair orVice Chair are you willing toserve inthis capacity? Personal Qualifications Former Mayor, city commissioner, vice mayor, Planning board chairman z Page 88Of949 Former businessman Chamber ofCommerce Executive Professional Memberships Kivvanis Feel free toattach/upload an extra sheet orresume. 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 aboard. The message has been sent from 73.1.104.l31 (United States)atZ02Z-03-l90S:O35lonSafari 15.3 Entry ID: BZ Referrer: Form Host: 2 Stanzione, Ta From: City Clerk Sent: Thursday, March 1{\ 202211:06AM To: Stanzione, Tammy Subject: FW:Advisory Board Appointment application From: |eshanoundtree11 <norep|y@I23formbui|der.cnm> Sent:Thursday, March 1O' 2OZ21O:38AK4 To: City Clerk<CityOe/k@bbflus> Subject: Advisory Board Appointment application Today's date 03/10/2023 Name LeshuRoundtree Phone number 561'577-6022 Address 3U5N.E2nd [\ Boynton Beach Florida 334}5 United States Email Current occupation or, if Edcator retired, prior occupation Education Master Degree Are you aregistered voter? Yes Doyou reside within the Yes Boynton Beach City limits? Doyou oxvn/rnana�ez �udn�s� ' No within City limits? |f"yos", name ofbusiness: Are you currently serving ona No City board? Have you served ona City Yes board inthe past? |f"yes",which board(s) and Education Advisory Board when? Library Advisory Board Parks and Recreation Board Community Relations Board Have you ever been convicted No of crime? |f"yem",when and where? � Page 90Of949 Advisory Board Community Redevelopment Agency Advisory Board |fappointed bythe City Commission toserve asBoard ,es Chair orVice Chair are you willing toserve inthis capacity? Personal Qualifications Asseen above, | amcommitted tomoving Boynton beach Forward. Not only by speaking but also involvement inseveral community boards. | attend board meetings regularly and I have a great grasp on the purpose and mission of the CRA. Upon my /e1une home, | immediately got involved and volunteered in several charrcttes, activities and community input. I am knowledgeable in the program the CRA offers and have been an advocate for community members to participate to improve the blight in the CRA area. Professional Memberships Feel free toattach/upload an extra sheet orresume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. | understand that, if appointed, any false statements may be cause for removal from a boa/d. The message has been sent from I65.16l2I.l25 (United States) at2O22-O3'101O:38:l4onChrome 98.0.4758.119 Entry ID: 5l7 Referrer: Form Host: 2 Stanzione, Tammx From: jesobe| <noep|y@12Sformbui|deccom> Sent Tuesday, January 11' 2O224:32PK4 To: City Clerk Subject: Advisory Board Appointment application Today's date 01/11/2022 Name Jay Sobel Phone number 908-419-5548 Address 24sutton Drive Boynton Beach FL33436 United States Email jesobe|@'unozom Current occupation or, if Retired retired, prior occupation Education BS, MS, PhD, MIT Chemical Engineering Are you aregistered voter? Yes Dnyou reside within the Yes Boynton Beach City limits? Onyou nvvn/nn�n�Qeabusiness ' No within City limits? |f"yem", name ofbusiness: Are you currently serving on a ,es City board? Have you served onaCity No board in the past? |f"yes", which buardb) and board(s) Planning & Development 2019-currently when? Have you ever been convicted No ofacrime? |f"yem",when and where? Advisory Board Planning & Development Board |fappointed bythe City Commission toserve as Board ,es Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications 45 years experience in chemical engineering R&D, Project Management, Business Management. VP operations and Board Member religious organization. Board member MIT Advisory Committee on Minority Education. Board Member& Chair of z Page 92 of 949 Government Relations Committee, and Planing &Uave|opmentcommittees of Property Owners Association of gated community. Vice President & Board Member of local Home Owners Association. Member 1Oyears&Chairman 4years ofZoning Appeals Board ofthe city ofSummit, NJ.Trustee ofscholarship fund. Professional Memberships None currently since retirement Feel free tnattach/upload an extra sheet orresume. Certification |, 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 l34.56.l3O.75 (United States)at2022-Ol-1116:31:45oniPhune15.1 Entry ID: SO4 Referrer: Form Host: https form.123f ormbuilder.com/583214/advisorv-board-ar)iDointment-a plication 2 Stanzione, Tamm From: sweedog <noreply@123formbuilder.com> Sent: Tuesday, March 22, 2022 12:31 AM To: City Clerk Subject: Advisory Board Appointment application Attachments: Warren_Swee2021 CV-MSWord_11-2021.docx Today's date 03/21/2022 Name Warren Swee Phone number 954-798-8171 Address 1525 Via Alferi BOYNTON BEACH FL 33426 United States Email sweedog@gmail.com Current occupation or, if retired, prior Physician occupation Education M.D. and Master of Public Health Are you a registered Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you own/manage a business within City No limits? If"yes", name of business: Are you currently serving on a City No board? Have you served on a City board in the No past? If"yes",which board(s)and when? Have you ever been No convicted of a crime? If"yes", when and where? Advisory Board Community Redevelopment Agency Advisory Board 1 Page 94 of 949 |fappointed bythe City Commission to serve amBoard Chair Yes or Vice Chair are you willing toserve in this capacity? Personal My qualification is grounded in my liberal arts education which afforded me a well-rounded Qualifications education spanning from Chemistry to Sociology. I later went on to study Public Health which instilled in me the importance of community redevelopment on the well-being of society. I have practiced as a physician for 15 years, served as an assistant professor, presented at numerous medical conventions, and have led numerous panels and conferences. I founded my own private medical practice in S. Florida and have developed the business to include several outpatient vascular centers. Finally, | have been a proud resident of Boynton Beach for the |ooL 3 years. Professional Society ofInterventional Radiology Memberships Feel free to attach/up|oadan extra sheet or resume. Certification |, 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 76.208.97.151(United States) at 2022-03-2123:30:42 on Chrome 99.0.4844.74 Entry ID:523 Referrer: Form Host: 5.G. Administrative 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Consideration of a Special City Commission Meeting to accept staff ranking of applications to the Notice of Funding Opportunities (NOFOs)for use of the City's American Rescue Plan Act (ARPA)funds and to award funds based upon application eligibility and proposed programming. (Tabled from the March 15, 2022 City Commission Meeting.) Explanation of Request: The Special City Commission Meeting, scheduled for March 9, 2022, from 3:00 PM to 5:00 PM to accept staff ranking of applications to the Notice of Funding Opportunities (NOFOs)for use of the City's American Rescue Plan Act (ARPA)funds and to award funds based upon application eligibility and proposed programming was canceled due to lack of a quorum. How will this affect city programs or services? N/A Fiscal Impact: The City received $6,823,952.00 on May 19, 2021 and will receive the second distribution of$6,823,952.00 on May 19, 2022 for a cumulative total of$13,647,904.00. Alternatives: Not schedule the Special Commission Meeting Strategic Plan: Building Wealth in the Community Strategic Plan Application: In 2020, the City of Boynton Beach partnered with FIU in undertaking the Boynton Beach Equity Initiative. The initiative provides the analytical framework and recommended action/policy items in five interconnected equity pillars- Economic Development, Education, Housing, Criminal Justice and Safety, and Public Health. In conjunction, the internal city assessment examining internal city practices ensures that the City has the structures and capacity to effectively implement policies towards racial and social justice. In addition to the Housing and Economic Development strategies that are currently in development, the City has established the foundation for the advancement of community-based programs that will direct resources and efforts towards addressing the most pressing community challenges. Based on the detailed analysis of conditions in the city and with the goal of ensuring that Boynton Beach remains a city where all residents can prosper, in alignment with the city's strategic plan, the city is inviting community partners to request funding for programs that will address community challenges. Climate Action Application: Is this a grant? Page 96 of 949 Grant Amount: Attachments: Page 97 of 949 5.H. Administrative 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Staff is requesting the City Commission schedule and attend a Strategic Planning Workshop on Saturday, May 7, 2022 at the Intracoastal Park Clubhouse. The Workshop will be held from 9am to 2pm and will include a discussion on conducting public meetings, governance, team building and strategic planning for 22-23. 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 98 of 949 6.A. Consent Agenda 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-051 -Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of$2,500 for The Better Choice Mail Pack Ship located at 3469 W Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33436. Explanation of Request: The City's new Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff received a complete grant application from The Better Choice Mail Pack Ship located at 3469 W Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33436. The Better Choice Mail Pack Ship's mission is"to be the better choice for all of our customers shipping and transportation needs". The applicant will utilize the grant funds to directly market to residents for Boynton Beach by using the Every Door Direct Mail (EDDM). The intent is to send mailers to the surrounding Boynton Beach residents and businesses through the USPS EDDM program, which breaks down Boynton Beach by zip code (33436, 33437 and 33426) and provides demographics of those living in the area, allowing the applicant to choose its target audience. How will this affect city programs or services? Approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 21-22. The Better Choice Mail Pack Ship will receive $2,500. Alternatives: Do not approve the grant application or use of funds. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Yes Page 99 of 949 Grant Amount: $2,500 Attachments: Type Description D Resolution Resolution approving Grant Agreement with The Better Choice Mail Pack Ship D Agreement Grant Agreement- The Better Choice Mail Pack Ship LLC D Grant Application Grant Application - The Better Choice Mail Pack Ship LLC Page 100 of 949 1 RESOLUTION NO. R22 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2,500.00 FOR THE BETTER CHOICE MAIL PACK SHIP 8 LOCATED AT 3469 W BOYNTON BEACH BLVD. SUITE 2, BOYNTON 9 BEACH, FL 33436;AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City's new Marketing and Digital Connectivity Small Business Grant 13 Program was created to provide eligible new and existing small businesses with a 14 reimbursable grant for expenses associated with marketing and/or developing an e- 15 commerce platform; and 16 WHEREAS, the applicant will utilize the grant funds to directly market to residents 17 for Boynton Beach by using the Every Door Direct Mail (EDDM) to send mailers to the 18 surrounding Boynton Beach residents and businesses through the USPS EDDM program, 19 which breaks down Boynton Beach by zip code (33436, 33437 and 33426) and provides 20 demographics of those living in the area, allowing the applicant to choose its target 21 audience; and 22 WHEREAS, Approval of this application will allow the City's Department of 23 Economic Development and Strategy to help local small businesses improve the quality 24 and effectiveness of their marketing to help reach a broader market. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 26 OF BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 28 as being true and correct and are hereby made a specific part of this Resolution upon 29 adoption hereof. 30 Section 2. The City Commission approves and authorizes the City Manager to 31 sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant 32 Program funding in the amount of $2,500.00 for The Better Choice Mail Pack Ship located 33 at 3469 W Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33436, a copy of which is S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding(The Better Choice Mail Pack ShiPa6,eo.1P(Y1 of 949 34 attached hereto and incorporated herein as Exhibit "A". 35 Section 3. This Resolution shall become effective immediately upon passage. 36 PASSED AND ADOPTED this 5th day of April, 2022. 37 CITY OF BOYNTON BEACH, FLORIDA 38 39 YES NO 40 41 Mayor—Ty Penserga 42 43 Commissioner—Angela Cruz 44 45 Commissioner—Woodrow L. Hay 46 47 Commissioner—Thomas Turkin 48 49 Commissioner— District 4 - Vacant 50 51 52 VOTE 53 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 63 (Corporate Seal) S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding(The Better Choice Mail Pack ShiPa6,eo.1P@2 of 949 CITY OF BOYNTON BEACH GRANT AGREEMENT THIS AGREEMENT is made this day of , 2022, by and between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and br ia0kE W i I li cw)5 aI b lay jCj( �-, eI �(,m ((hereinafter referred to as "Grantee." 1v40 i pccV 5,yv'U& WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: I. GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 Page 103 of 949 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the docurnentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold,temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. 2 Page 104 of 949 III. DEFAULT/TERMINATION A. In the event that a party fails to comply with the terms of this Contract, other than payment of finds,then the non-defaulting party shall provide to the defaulting party notice of the default and the defaulting party shall have ten (10) days within which to initiate action to correct the default and thirty(30) days within which to cure the default to the satisfaction of the non-defaulting party. B. In the event that the defaulting party fails to cure the default, the non-defaulting party shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Five Hundred Dollars VI. FINANCIAL ACCOUNTABILITY,REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 3 Page 105 of 949 VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. INSURANCE GRANTEE must provide the CITY with evidence of insurance as follows: general liability insurance-$1,000,000; umbrella-$1,000,000; and evidence of auto liability insurance and worker's compensation insurance. X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all 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 or 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. 100306206.2 306-90018211 C:\Piograni Files(X86)\Neevia.Com\Docconverteipro\Temp\NV DC\OAEE6562-AC48-430A-8055-5F649474F16C\Boynton Beach_16786.I.Grant_Agreement_(00306206-2xc4b6a).Doex Page 106 of 949 XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys'fees, court costs and all expenses(including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such party or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. 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 tern and provision of this Agreement shall be deemed valid and enforceable to the extent permitted by law. XV. ENTIRE AGREEMENT The CITY and the GRANTEE 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. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach Page 107 of 949 P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (5 61) 742-6010 Facsimile(561) 742-6011 with a copy to: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. CITY GRANTEE By: By: Print: Print: Name: Title: ATTEST: ATTEST: Crystal Gibson, MPA, MMC, City Clerk Print Name: Title: APPROVED AS TO LEGAL FORM: (CORPORATE SEAL) Office of the City Attorney Page 108 of 949 EXHIBIT "A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick-and-mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick-and-mortar location.The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first-qualified, first-served basis.All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability.The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Department of Economic Development and Strategy. Page 109 of 949 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Business must have at least one (1) commercial brick-and-mortar location in the City of Boynton Beach with an executed lease agreement. • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use.The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Required Documentation with Application Page 110 of 949 Application packets must include the following documentation: Completed and signed application ✓2. W9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt 4. Copy of corporate documents for the applying business entity. 5. Copy of executed multi-year commercial lease agreement. 6. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval. The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org/events/list. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 1, 2022 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. Page 111 of 949 How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City's Department of Economic Development and Strategy at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES:The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party.The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full.Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. Page 112 of 949 Program rvi rIT BOYNTON B E A, C H City of Boynton Beach Marketing i i Connectivity i Program Overview Marketing is your business'way of communicating, delivering,and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers.As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales.With new mediums of communication,available platforms and economic shifts in consumer spending,the City also recognizes the importance of e-cornrnerce for small businesses. E-cornrnerce allows businesses to grow their customer base,generate new sales, and benefit from the shift in shopping from brick-and-mortar to online. Having the ability to process sales directly online builds your customer base by allowing your business to reach new customers. Especially during the pandernic, online businesses benefitted as it allowed there to stay connected with their customers as their physical location was shut down.With e-cornrnerce your customers are no longer limited to those who can visit your brick-and-mortar location. The goal of this grant is to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-cornrnerce component to their business.The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or the development of an e- commerce platform for their business. Eligible uses completed and paid for prior to grant approval will not be eligible for reimbursement.The maximum grant amount is up to$2,500. For the purpose of this grant program the terra"project"means the eligible marketing/e-cornrnerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first-qualified,first-served basis.All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding.All applications are subject to funding availability.The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Department of Economic Development and Strategy. Required Documentation with Application Application packets must include the following documentation: 1. Completed and signed application 2. W9 Form(included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt Page 113 of 949 4. Copy of executed multi-year commercial lease agreement or proof of ownership. 5. Written detailed description of your project and budget estimates.The project budget must provide a total cost for the project. Page 114 of 949 Eligibility Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Business must have at least one(1)commercial brick-and-mortar location in the City of Boynton Beach with an executed lease agreement or proof of ownership. • Applicant must be a for-profit privately held business. Non-profit organizations and horse-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt(BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: • Development of a marketing/social media plan • Design of marketing materials and content • Website design • Web promotions(e.g. Facebook ads) • Print and TV advertisements • Social media development and assistance • Marketing consultants • Brand and logo design • E-cornrnerce software and development • Equipment to support marketing efforts Ineligible uses include but are not limited to: • Sponsorship fees • Website hosting/maintenance fees • Staff salaries • Travel and accommodations • Office costs including renttlease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use.The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Page 115 of 949 Additional Information Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval.The City Commission can approve or decrial any grant application at its sole discretion. The City Commission meets on the first and third Tuesday of each month.The schedule for City Commission Meetings can be obtained at .boynton-beach.org/events/list.The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant.That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved,the applicant will have until September 1, 2022 to submit for reimbursement.The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s)showing the front and back of the cancelled check for work that was completed as part of the project. 3. Other evidence of payment for work completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. SUBMISSIONOF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It Is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program doses not create any rights for any parties,including parties that performed work can the project. Near shall issuance of a grant result in any obligation can the part of the City of Boynton Beach to any third party.The City is not required to verify that entitles that have contracted with the applicant have been paid in full,or that such entitles have paid any subcontractors in full.Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. Page 116 of 949 Application GRANT APPLICATION BUSINESS INFORMATION Business Name* (d/b/a if applicable) The Better Choice Mail Pack Ship Fed ID#* 84-1967521 Email* thebetterchoicemailpackship@grnaii.corn Business Address* Street Address 3469 W Boynton Beach Blvd Address Line 2 Suite 2 City State Province Region Boynton Beach Florida Postal/Zip Code Country 33436 USA Website the be tte rend icemai I packsh ip.corn Business Phone* Cell* (561)413-3169 (617)888-4142 Business Status* ii) Existing Business New Business Number of Years in Existence Time at Current Location 3 3 Square Footage 1,700 Current Location Lease Agreement* Yes (D No Monthly Base Rent $ 2,456.00 Number of 1 Employees* Type of Business* Shipping Center, Mail Center Mission Statement* Please provide a 2-3 sentence mission statement for the applying business entity. The mission of The Better Choice is.."To be the better choice for all of our customers shipping and transportation needs". PROJECT DESCRIPTION Page 117 of 949 Eligible Uses* Please select all the eligible uses you are seeking grant reimbursement for Development of a marketing/social media plan Design of marketing materials and content Website design Web promotions(e.g. Facebook ads) I Print and TV advertisements Social media development and assistance Marketing consultants -J Brand and logo design i E-cornrnerce software and development -J Equipment to support marketing efforts J..i other Project Description* Provide a detailed description of your project. I intend to directly market to residents fo Boynton Beach by using the Every Door Direct Mail (EDDM) The intended zip codes are 33436,33437,and 33426 and within there are anywhere between 10 sub communities. Project Impact* Provide a detailed description of how the project will be utilized by the grant applicant and how it will help reach a broader market. As a new business, I was severely impacted by covid.Any money earned was used to continue to maintain the operations of the business. I have never had the opportunity to market or scale my business the way I have wanted too. With this money I fully intend to send mailers to the surrounding Boynton Beach residents and businesses through the USPS Every Door Direct Mail (EDDM)program. Project's Total Cost* $ 2,500.00 Total Grant Funding What is the total grant amount you are requesting? Request* 2700 Estimated What is the estimated project completion date? Completion Date* 4/112022 APPLICANT INFORMATION Principal/Business Oweer Name* Briantey Williams `Title* owner Email* brijowill@grnail.corn Phone* 617 338 4142 Add PrindpaV/Busuness Owner Other Programs* Are you applying for additional loan/grant assistance under any other program(s)offered by the City of Boynton Beach or BBCRA? Yes * No Mandatory Documents Upload Page 118 of 949 W-9 Form* For a copy of a blank W-9 Form click this link. ------------------ Upload I MG_0001.pdf 930.19KB �( Click here to download a blank W-9 Form. Business Tax Copy of City of Boynton Beach Business Tax Receipt Fteciept Upload Business Tax 2022.pdf 2.3MB X Commercial Lease Copy of executed multi-year commercial lease agreement Agreement(if '.Upload applicable) Lease.pdf 431.16KB X Property Ownership Documentation showing ownership of the commercial property (if applicable) Upload Project Budget* Please provide a detailed project budget.The project budget must provide a cost breakdown of each eligible use and a total cost of the project. ------------------ Upload Mailer Budget Projection.pdf 40.4KB X Grant Agreement* Please sign the attached Grant Agreement ------------------ Upload I M G_0002.pdf 5 M B �( Click here for a copy of the Grant Agreement. "I'll,.................................... .�............----- Signature �ig .................... Application Date* 212412022 [ Page 119 of 949 6.B. Consent Agenda 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-052- Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding in the amount of$2,500 for Rancheritos de Boynton located at 1709 N Congress Ave., Boynton Beach, FL 33426. Explanation of Request: The City's new Marketing and Digital Connectivity Small Business Grant Program was created to provide eligible new and existing small businesses with a reimbursable grant for expenses associated with marketing and/or developing an e-commerce platform. City staff received a complete grant application from Rancheritos de Boynton located at 1709 N Congress Ave., Boynton Beach, FL 33426. Rancheritos de Boynton's mission is to "introduce Latin American Culture through gastronomy and traditional music". The applicant will utilize the grant funds to develop their own delivery software, to print and mail 50,000 menus to homes and businesses adjacent to their location, and for a "Social Manager" to work in their positioning of networks, I nstagram, Facebook, Yelp and others. How will this affect city programs or services? Approval of this application will allow the City's Department of Economic Development and Strategy to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Fiscal Impact: The City has budgeted $25,000 for the Marketing and Digital Connectivity Small Business Grant Program in FY 21-22. Rancheritos de Boynton will receive $2,500. Alternatives: Do not approve the grant application. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Yes Grant Amount: $2,500 Page 120 of 949 Attachments: Type Description D Resolution Resolution approving Grant Agreement with Rancheritos D Grant Application Grant Application - Rancheritos de Boynton D Agreement Grant Agreement- Rancheritos de Boynton Page 121 of 949 1 RESOLUTION NO. R22 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A 5 GRANT AGREEMENT FOR THE MARKETING AND DIGITAL 6 CONNECTIVITY SMALL BUSINESS GRANT PROGRAM FUNDING IN THE 7 AMOUNT OF $2,500.00 FOR RANCHERITOS DE BOYNTON LOCATED AT 8 1709 N. CONGRESS AVENUE, BOYNTON BEACH, FL 33426; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City's new Marketing and Digital Connectivity Small Business Grant 13 Program was created to provide eligible new and existing small businesses with a 14 reimbursable grant for expenses associated with marketing and/or developing an e- 15 commerce platform; and 16 WHEREAS, the applicant will utilize the grant funds to develop their own software, 17 to print and mail 50,000 menus to homes and businesses adjacent to their location, and 18 for a "Social Manager" to work in their positioning of networks, Instagram, Facebook, Yelp 19 and others; and 20 WHEREAS, Approval of this application will allow the City's Department of 21 Economic Development and Strategy to help local small businesses improve the quality 22 and effectiveness of their marketing to help reach a broader market. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 24 OF BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 26 as being true and correct and are hereby made a specific part of this Resolution upon 27 adoption hereof. 28 Section 2. The City Commission approves and authorizes the City Manager to 29 sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant 30 Program funding in the amount of $2,500.00 for Rancheritos de Boynton located at 1709 31 N. Congress Avenue, Boynton Beach, FL 33426, a copy of which is attached hereto and 32 incorporated herein as Exhibit "A". 33 S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding(Rancheritos)-Reso.Docx Page 122 of 949 34 Section 3. This Resolution shall become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of April, 2022. 36 CITY OF BOYNTON BEACH, FLORIDA 37 38 YES NO 39 40 Mayor—Ty Penserga 41 42 Commissioner—Angela Cruz 43 44 Commissioner—Woodrow L. Hay 45 46 Commissioner—Thomas Turkin 47 48 Commissioner— District 4 - Vacant 49 50 51 VOTE 52 53 ATTEST: 54 55 56 57 Crystal Gibson, MMC 58 City Clerk 59 60 61 62 (Corporate Seal) S:ACA\RESO\Agreements\Grants\Marketing And Digital Small Business Grant Funding(Rancheritos)-Reso.Docx Page 123 of 949 Program rvi rIT BOYNTON B E A, C H City of Boynton Beach Marketing i i Connectivity i Program Overview Marketing is your business'way of communicating, delivering,and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers.As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales.With new mediums of communication,available platforms and economic shifts in consumer spending,the City also recognizes the importance of e-cornrnerce for small businesses. E-cornrnerce allows businesses to grow their customer base,generate new sales, and benefit from the shift in shopping from brick-and-mortar to online. Having the ability to process sales directly online builds your customer base by allowing your business to reach new customers. Especially during the pandernic, online businesses benefitted as it allowed there to stay connected with their customers as their physical location was shut down.With e-cornrnerce your customers are no longer limited to those who can visit your brick-and-mortar location. The goal of this grant is to help local small businesses improve the quality and effectiveness of their marketing to help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-cornrnerce component to their business.The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or the development of an e- commerce platform for their business. Eligible uses completed and paid for prior to grant approval will not be eligible for reimbursement.The maximum grant amount is up to$2,500. For the purpose of this grant program the terra"project"means the eligible marketing/e-cornrnerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first-qualified,first-served basis.All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding.All applications are subject to funding availability.The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Department of Economic Development and Strategy. Required Documentation with Application Application packets must include the following documentation: 1. Completed and signed application 2. W9 Form(included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt Page 124 of 949 4. Copy of executed multi-year commercial lease agreement or proof of ownership. 5. Written detailed description of your project and budget estimates.The project budget must provide a total cost for the project. Page 125 of 949 Eligibility Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Business must have at least one(1)commercial brick-and-mortar location in the City of Boynton Beach with an executed lease agreement or proof of ownership. • Applicant must be a for-profit privately held business. Non-profit organizations and horse-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt(BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: • Development of a marketing/social media plan • Design of marketing materials and content • Website design • Web promotions(e.g. Facebook ads) • Print and TV advertisements • Social media development and assistance • Marketing consultants • Brand and logo design • E-cornrnerce software and development • Equipment to support marketing efforts Ineligible uses include but are not limited to: • Sponsorship fees • Website hosting/maintenance fees • Staff salaries • Travel and accommodations • Office costs including renttlease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use.The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Page 126 of 949 Additional Information Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval.The City Commission can approve or decrial any grant application at its sole discretion. The City Commission meets on the first and third Tuesday of each month.The schedule for City Commission Meetings can be obtained at .boynton-beach.org/events/list.The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant.That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved,the applicant will have until September 1, 2022 to submit for reimbursement.The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s)showing the front and back of the cancelled check for work that was completed as part of the project. 3. Other evidence of payment for work completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. SUBMISSIONOF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It Is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program doses not create any rights for any parties,including parties that performed work can the project. Near shall issuance of a grant result in any obligation can the part of the City of Boynton Beach to any third party.The City is not required to verify that entitles that have contracted with the applicant have been paid in full,or that such entitles have paid any subcontractors in full.Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. Page 127 of 949 Application GRANT APPLICATION BUSINESS INFORMATION Business Name* (d/b/a if applicable) Rancheritos de Boynton Fed I * 83-3854463 Email* mayabolivar@hotmail.corn Business Address* Street Address 1709 N Congress Ave. Address Line 2 City State/Province/Region Boynton Beach FI Postal/Zip Code Country 33426 USA Website Business Phone* Cell* 5618108368 9542262925 Business Status* iii Existing Business C` New Business Number of Years in Existence Time at Current Location 13 3 Square Footage 2,600 Current Location Lease Agreement* Yes (D No Monthly Base Rent $ 6,000.00 Number of 5 Employees Type of Business* Latin Restaurant Mission Statement* Please provide a 2-3 sentence mission statement for the applying business entity. Ethic and Latin American food. Introduce Latin American Culture through gastronomy and traditional music. PROJECT DESCRIPTION Page 128 of 949 Eligible Uses* Please select all the eligible uses you are seeking grant reimbursement for Development of a marketing/social media plan Ll Design of marketing materials and content Website design Web promotions(e.g. Facebook ads) Print and TV advertisements -J Social media development and assistance Marketing consultants Ll Brand and logo design E-cornrrierce software and development Ll Equipment to support marketing efforts I other Project Description* Provide a detailed description of your project. Publicize our restaurant in the community of Boynton Beach,through direct advertising,with an aggressive presence on the networks and reach the greater numbers of homes through direct mail and implement its own delivery service. Project Impact* Provide a detailed description of how the project will be utilized by the grant applicant and how it will help reach a broader market. Development of own delivery software. Printing and mailing 50.000 menus to homes and business adjacent to our location. "Social Manager"to be working in our positioning of networks, Instagrarn, Facebook,Yelp and others. Project's Total Cost* $ 50,000.00 Total Grant Funding What is the total grant amount you are requesting? Request* 35,000.00 Estimated What is the estimated project completion date? Completion Date* 3/3112023 APPLICANT INFORMATION Principal/Business Oweer Name* Juan Maya `Titie* President Email* mayabolivar@hotmail.corn Phone* 9542262925 Add PrindpaV/Busuness Owner Other Programs* Are you applying for additional loan/grant assistance under any other program(s)offered by the City of Boynton Beach or BBCRA? Yes * No Mandatory Documents Upload Page 129 of 949 W-9 Form* For a copy of a blank W-9 Form click this link. ------------------ Upload W9 Boynton.pdf 253.22KB �( Click here to download a blank W-9 Form. Business Tax Copy of City of Boynton Beach Business Tax Receipt Fteciept Upload taxesboynton.pdf 123.9KB X Commercial Lease Copy of executed multi-year commercial lease agreement Agreement(if '.Upload applicable) Rancheritos Lease Catalina[5625].pdf 2.26MB X Property Ownership Documentation showing ownership of the commercial property (if applicable) Upload Project Budget* Please provide a detailed project budget.The project budget must provide a cost breakdown of each eligible use and a total cost of the project. ------------------ Upload Ernarketing Rancheritos.pdf 192.17KB X Grant Agreement* Please sign the attached Grant Agreement ------------------ Upload Grant Agreernent.pdf 337.75KB �( Click here for a copy of the Grant Agreement. "I'll,.................................... .�............----- Signature �ig .................... Application Date* 211612022 [ Page 130 of 949 From: Juan Mava To: Duraan,Jahn Subject: Re: City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Application Date: Wednesday,February 23,2022 10:33:42 PM Attachments: maae002.Dng im2ae003.Dng imaae004.Dng im2ae005.Dng imaae007.Dng im2ae008.Dng imaae009.Dng imaae593002.Dna imaae736555.Dng imaae722420.Dna imaae375614.Dng imaae309874.Dna imaae477213.Dng imaae976175.Dna Thank you John. Please adjust our application at$ 2.500 We appreciate your help. Thank you again for your support. Juan Maya Get Outlook for Android From: Durgan,John <DurganJ@bbfl.us> Sent: Wednesday, February 23, 2022 4:18:54 PM To:Juan Maya <mayabolivar@hotmail.com> Subject: RE: City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Application Good afternoon, Please indicate the amount you would like me to adjust on your application. The total amount of grant funding under this program is $2,500. Thanks, John Chir€ ;n Econornkll Devvl , ren U.in ager MaH li Ir-,cress, r.t.r�' Box 310 - Bo I,_;3 1 Eti.��.I, E„r u� '.'�-�L.7 P v 1...: Ir uureQQ 100 E Oc a I AveBovi I,31 I � ,��.�I, E�;rlu 33435 561-742-6014 561-742-6011 Page 131 of 949 rlva.,v k.)e ,=,�iQe— hal Fk rI,,..: Ii,., .: k.)n u ;�,xk.)II= rec( rCIA--Q ..:J✓and a ;rreQp� - en .v r v via ern,,a r la be� xb ect CAQc ;.,ixry i.�nC er Fl�;ri=,. rv=„rCIA--Q I.:✓✓, vir,:.:il aUl' v.,.,v.� . ry � txk:rli= rv�:,,r=,Q vrvr,,rv, , ;txr v TI^,I rnlirl xi sic a t io n a nu , ;txr v-ir.:i a CIA CIA ry Q Q rnl la, rrw Q i A D �tx:r i= =,i.,�.;,.,txrw. From:Juan Maya <mayabolivar@hotmail.com> Sent: Wednesday, February 23, 2022 3:14 PM To: Durgan,John <DurganJ@bbfl.us> Subject: Re: City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Application Good morning John, Can you help me, I don't have a copy of my application, is possible resubmit the same. Please don't remove my application,just adjust my amount please. Juan Maya. Get Outlook for Android ._...... ........ ......... ......... ......... ........ ......... ......... ......... ......... ........ ......... ......... ......... ............... From: Durgan,John <Durgan-I I.us> Sent:Tuesday, February 22, 2022 5:12:30 PM To:Juan Maya <mayabolivarhotmail.com> Subject: RE: City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Application Good afternoon, Yes, you can definitely access the City's grant funding. I recommend resubmitting your application indicating the proposed changes. Please let me know if you have any additional questions. Thanks, John Duroan DeparLrnlenr -. ,r '-,- . , t Page 132 of 949 i Ja` 0 In U i G);r - b s, H ,n-1. � t t;da has. a br ad p�..,r� ,i. re t t d- 'a a� a�l c. t"o t t es'po i7i ence ,..t -:':.2 via e-:'•.ci ,eu., :.� ui�v,.;ec, rte,-, : a '�}� .;ur�l�t �L� �, ,t:iC.:,ut x.4..1`1 i,2! t t� i,a t��t t t�i,`> U a�, 2i ci„ add t�>'>2; ci!"2 puri .%; re-ort i,>, r Theret!2, r't 2 a..I Ct u,..,t a i; r't 2- a,,a �:,:; r• u . 2i".:. ,..t.; 1 „`>t .,..,u!2. From:Juan Maya <mayabolivarhotmail.com> Sent: Saturday, February 19, 2022 4:40 PM To: Durgan,John <DurganJ@bbfl.us> Subject: RE: City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Application Good afternoon John, Thank you for your prompt response, I understand perfectly what you tell me, that is a project that we want to advance, but if we can access the$ 2,500 it will help us a lot. Can you help us with this? I appreciate your help. Juan Maya Rancheritos de Boynton www.rancheritosdeboca.com Instagram: rancheritoslatinfood FB rancheritosdeboynton Enviado desde Correo para Windows De: Durgan. John Enviado: viernes, 18 de febrero de 2022 4:42 p. m. Asunto: City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Application Good afternoon Juan, Thank you for submitting an application to the City of Boynton Beach's Marketing and Digital Page 133 of 949 Connectivity Small Business Grant Program. After an initial review it seems that your Total Grant Funding Request of$35,000 is over the maximum grant amount of$2,500.The most grant funding this program provides to one applicant is $2,500. Please let me know if you have any questions. Thanks, John Duroan r _ �a,U!: .2 1� � ri.o to :,i.; �v2,oa> :2 1� cYli' ._;etc .e�;;' a33 k1g oo''r'"l v.Ci"l-o ec t'"7.Ci"'„,�" : G);r -, b d :`la � o r;da ha< .t"" records ice.;; is av cid l c. t"o!r e.>p,o�li,ei7t".2 :..t -:':.2 via �-�:'•.ci , u. :. ui�v,S.; rte,-, : a '�}� .;U'�'l�t �Lo �, .,i:io.:,ur�.4..1`1i,2! or� i,a r��i or�i,> c i�, 2i d.. addresses. ci!"2 a>uo .%; re-ori i,>, r There0!2, your 2 a..I Co ,o a i; your 2- a,,dr�:,:; r• u . 2i".:. :...; 1u „`>t .,..,u!2. Page 134 of 949 CITY OF BOYNTON BEACH GRANTAGREEMENT THIS AGREEMENT is made this day of 2022, by and between the CITY OF BOYNTON BEACH a Florida municipal corporation, hereinafter referred to as "CITY," and RanCheritoS IV LLC , hereinafter referred to as "Grantee." WITNESSETH: WHEREAS, it is the policy of the CITY to stimulate and encourage economic growth within the CITY's municipal boundaries; and WHEREAS, The City of Boynton Beach Marketing and Digital Connectivity Small Business Grant program provides City funding to support new and existing small businesses with marketing and/or developing an e-commerce component to their business; and WHEREAS, the CITY has determined that it is in the public's best interest, and that it serves a municipal and public purpose, to award a grant to the GRANTEE pursuant to the terms of this Agreement. WHEREAS, in order to justify the expenditure of public funds and secure the public's interest in the GRANTEE's fulfillment of its obligations, it is the intent of the CITY to enter into this Agreement with the GRANTEE to insure GRANTEE's performance of its obligations pursuant to the CITY's grant program. NOW, THEREFORE, in consideration of the premises and mutual covenants hereinafter contained, the parties hereby agree as follows: L GRANTEE'S PERFORMANCE OBLIGATIONS A. GRANTEE agrees that it will perform the business activities as more specifically set forth in GRANTEE's Grant Application. Representations contained in the Application are deemed material representation of the GRANTEE and failure to expend the grant funds as set forth in the CITY'S grant program constitutes a breach of this Agreement. GRANTEE agrees that it is solely liable to the CITY for performance under this Agreement, and that, in the event of default as solely determined by the City, GRANTEE will, as more specifically set forth herein, refund to the CITY monies paid pursuant to this Agreement. 1 Page 135 of 949 B. GRANTEE hereby certifies that it has or will retain adequate staff to oversee execution of its performance obligations under this Agreement, and that execution of each of these performance obligations is consistent with GRANTEE's mission. II. PAYMENT PROCEDURES, CONDITIONS A. The Grant funds available pursuant to this Agreement will be paid by the CITY to the GRANTEE only after the GRANTEE provides the documentation as required by the CITY. B. If the GRANTEE fails to comply with any of the provisions of this Agreement, the CITY may withhold, temporarily or permanently, all, or any, unpaid portion of the funds upon giving written notice to the GRANTEE, and/or terminate this Agreement and the CITY shall have no further funding obligation to the GRANTEE under this Agreement. C. The GRANTEE shall repay the CITY for all unauthorized, illegal or unlawful receipt of funds, including unlawful and/or unauthorized receipt of funds discovered after the expiration of this Agreement. The GRANTEE shall also be liable to reimburse the CITY for any lost or stolen funds. D. In the event the GRANTEE ceases to exist, or ceases or suspends its operation for any reason, any remaining unpaid portion of this Agreement shall be retained by the CITY and the CITY shall have no further funding obligation to GRANTEE with regard to those unpaid funds. The determination that the GRANTEE has ceased or suspended its operation shall be made solely by the CITY and GRANTEE, its successors or assigns in interest, agrees to be bound by the CITY's determination. E. Funds which are to be repaid to the CITY pursuant to this Agreement, are to be repaid by delivering to the CITY a cashier's check for the total amount due payable to the City of Boynton Beach within thirty (30) days of the CITY's demand. F. All corporate or partnership officers and members of GRANTEE are individually and severally responsible for refunding grant funds to the CITY in the event of a default. G. The above provisions do not waive any rights of the CITY or preclude the CITY from pursuing any other remedy which may be available to it under law. Nothing contained herein shall act as a limitation of the CITY's right to be repaid in the event the GRANTEE fails to comply with the terms of this Agreement. 2 Page 136 of 949 III. DEFAULT/TERMINATION A. In the event that a parry fails to comply with the terms of this Contract, other than payment of funds,then the non-defaulting parry shall provide to the defaulting parry notice of the default and the defaulting parry shall have ten (10) days within which to initiate action to correct the default and thirty (30) days within which to cure the default to the satisfaction of the non-defaulting party. B. In the event that the defaulting parry fails to cure the default, the non-defaulting parry shall have the right to terminate this Contract. The effective date of the termination shall be the date of the notice of termination. IV. REIMBURSEMENT REQUIREMENTS GRANTEE agrees to submit the required reimbursement documents to the CITY within the specific timeframe set forth in the CITY'S grant program. V. GRANT AMOUNT The total grant is Two Thousand Five Hundred Dollars ($2,_500.0,0 �7r�ah G Maya VI. FINANCIAL ACCOUNTABILITY, REPORTS AND AUDITS The CITY may have a financial system analysis and an internal fiscal control evaluation of the GRANTEE performed by City staff or an independent auditing firm employed by the CITY at any time the CITY deems necessary to determine the capability of the GRANTEE to fiscally manage the grant award. Upon completion of all tasks contemplated under this Agreement, copies of all documents and records relating to this Grant Agreement shall be submitted to the CITY if requested. VII. PERFORMANCE Time is of the essence with regard to performance as set forth in this Agreement and failure by GRANTEE to complete performance within the times specified, or within a reasonable time if no time is specified herein, shall, at the option of the CITY without liability, in addition to any of the CITY's rights or remedies, relieve the CITY of any obligation under this Agreement. 3 Page 137 of 949 VIII. INDEMNIFICATION The GRANTEE agrees to protect, defend, reimburse, indemnify and hold the CITY, its agents, its employees and elected officer and each of them, free and harmless at all times from and against any and all claims, liability, expenses, losses, costs, fines and damages, including attorney's fees, and causes of action of every kind and character against and from CITY which may arise out of this Agreement. The GRANTEE recognizes the broad nature of this indemnification and hold harmless clause, and voluntarily makes this covenant and expressly acknowledges the receipt of good and valuable consideration provided by the CITY in support of this obligation in accordance with the laws of the State of Florida. GRANTEE's aforesaid indemnity and hold harmless obligations, or portions or applications thereof, shall apply to the fullest extent permitted by law but in no event shall they apply to liability caused by the negligence or willful misconduct of the CITY, its respective agents, servants employees or officers, nor shall the liability limits set forth in section 768.28, Florida Statutes, be waived. This paragraph shall survive the termination of the Agreement. IX. INSURANCE GRANTEE must provide the CITY with evidence of insurance as follows: general liability insurance- $1,000,000;umbrella- $1,000,000; and evidence of auto liability insurance and worker's compensation insurance. X. AVAILABILITY OF FUNDS The CITY's obligation to pay under this Agreement is contingent upon having funds budgeted and appropriated by the City of Boynton Beach City Commission. XI. REMEDIES This Agreement shall be governed by the laws of the State of Florida. Any and all 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 or 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. 100306206.2 306-9001821}CAProgram Files(X86)ANeevia.Com\DoccoirverteiproATemp\1WDCAOAEB6562-AC48-430A-8055-5F649474F16CABoynton Beach.16786.1.Grant Agreement_(00306206-2xc4b6a).Docx Page 138 of 949 XII. CIVIL RIGHTS COMPLIANCE The GRANTEE warrants and represents that all of its employees are treated equally during employment without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status, or sexual orientation. XIII. FEES, COSTS If any legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing parry or parties shall be entitled to recover reasonable attorneys' fees, court costs and all expenses (including taxes) even if not taxable as court costs (including, without limitation, all such fees, costs and expenses incident to appeals), incurred in that action or proceeding, in addition to any other relief to which such parry or parties may be entitled, provided, however, that this clause pertains only to the parties to this Agreement. XIV. 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. XV. ENTIRE AGREEMENT The CITY and the GRANTEE 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. XVI. NOTICE All notice required in this Agreement shall be sent by certified mail, return receipt requested, and if sent to the CITY shall be mailed to: John Durgan, Economic Development Manager City of Boynton Beach Page 139 of 949 P.O. Box 310 Boynton Beach, FL 33425 Telephone No. (561) 742-6010 Facsimile (561) 742-6011 with a copy to: James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, P.A. 3099 E. Commercial Blvd, Suite 200 Fort Lauderdale, FL 33308 Telephone No. (954) 771-4500 Facsimile No. (954) 771-4923 and if sent to the GRANTEE shall be mailed to (current official address): 9617 Brook Isles Ave, Delray Beach FL 3342 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date and year first above written. CITY GRANTEE Rancheritos IV LLC By: By: V gall G Ma�a Print: Print: ,Juan G Maya Name: Title: President ATTEST: ATTEST: Crystal Gibson, MPA, MMC, City Clerk Print Name: Title: APPROVED AS TO LEGAL FORM: (CORPORATE SEAL) Office of the City Attorney Page 140 of 949 EXHIBIT"A" City of Boynton Beach Marketing and Digital Connectivity Small Business Grant Program Overview Marketing is your business' way of communicating, delivering, and exchanging information about your company to an audience. It's your opportunity to create a narrative about your business that you can showcase to your customers and potential customers. As a small business owner, it's critical to have a marketing plan that can be effectively implemented utilizing different platforms to push your brand with the ultimate goal of generating more sales. With new mediums of communication, available platforms and economic shifts in consumer spending, the City also recognizes the importance of e-commerce for small businesses. E- commerce allows businesses to grow their customer base, generate new sales, and benefit from the shift in shopping from brick-and-mortar to online. Having the ability to process sales directly online builds your customer base and allows your business to reach new customers. Especially during the pandemic, online businesses benefitted as it allowed them to stay connected with their customers as their physical location was shut down. With e-commerce your customers are no longer limited to those who can visit your brick-and-mortar location. The purpose of this grant is to help local small businesses improve the quality and effectiveness of their marketing and help reach a broader market. Available Funding The City's Marketing and Digital Connectivity Small Business Grant was created to support new and existing small businesses with marketing and/or developing an e-commerce component to their business. The City will provide eligible small businesses with a reimbursable grant for expenses associated with marketing and/or building an e-commerce platform for their business. Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. The maximum grant amount is up to $2,500. For the purpose of this grant program the term "project" means the eligible marketing/e- commerce uses for which the applicant seeks grant reimbursement. The grant is awarded on a first-qualified, first-served basis. All applications are subject to City Commission approval. Submitting an application to the program is NOT a guarantee of funding. All applications are subject to funding availability.The City of Boynton Beach reserves the right to approve or deny any application and to deny payment at any time if, in its sole and absolute discretion, it determines that the business will not advance the goals and objectives of the City's Department of Economic Development and Strategy. Page 141 of 949 Eligibility Requirements • Business must be located within the City of Boynton Beach city limits • Business must have between 1 and 25 employees • Business must have at least one (1) commercial brick-and-mortar location in the City of Boynton Beach with an executed lease agreement. • Applicant must be a for-profit privately held business. Non-profit organizations and home-based businesses are NOT eligible for funding through this program. • Must be properly licensed by all necessary levels of government and professional associations or agencies, including City of Boynton Beach Business Tax Receipt (BTR). Eligible Uses The City must approve all eligible uses as indicated on the submitted application. Eligible uses for grant funding under this program include, but are not limited to: — Development of a marketing/social media plan — Design of marketing materials and content — Website design — Web promotions (e.g. Facebook ads) — Print and TV advertisements — Social media development and assistance — Marketing consultants — Brand and logo design — E-commerce software and development — Equipment to support marketing efforts Ineligible uses include but are not limited to: — Sponsorship fees — Website hosting/maintenance fees — Staff salaries — Travel and accommodations — Office costs including rent/lease payments *Eligible uses completed and/or paid for prior to grant approval will not be eligible for reimbursement. Grant applicants may apply for one or more eligible use. The City reserves the right to approve or deny any use, in its sole and absolute discretion, it determines does not meet the intended goals and objectives of this program. Required Documentation with Application Page 142 of 949 Application packets must include the following documentation: 1. Completed and signed application 2. W9 Form (included in this application package if needed) 3. Copy of City of Boynton Beach Business Tax Receipt 4. Copy of corporate documents for the applying business entity. 5. Copy of executed multi-year commercial lease agreement. 6. Written detailed description of your project and budget estimates. The project budget must provide a total cost for the project. Approval of Funding Request Once eligibility is verified and all required documentation has been submitted, City staff will place the application on the next available City Commission agenda for review and potential approval.The City Commission can approve or denial any grant application. The City Commission meets on the first and third Tuesday of each month. The schedule for City Commission Meetings can be obtained at www.boynton-beach.org/events/list. The applicant will be notified of the date and time their application will be presented to the City Commission. It is recommended that the grant applicant attend the City Commission Meeting in order to answer any questions the Commission may have regarding their application. City staff will notify the applicant of approval or denial. Reimbursement Process This program is designed as a reimbursement grant. That is, all project costs must be paid for by the grant applicant prior to the City's funds being released. Grant funds will be reimbursed exclusively for approved projects that have been paid for after the applicant has received notification that their grant application has been approved by the City Commission. Any work/costs associated with the project that was completed prior to receiving grant approval is ineligible for reimbursement. If approved, the applicant will have until September 1, 2022 to submit for reimbursement. The following documentation is required to submit for reimbursement: 1. Invoices, receipts or other acceptable evidence of payment to vendors or consultants that have been marked "paid in full"; and/or 2. Cancelled check(s) showing the front and back of the cancelled check for work that was completed as part of the project. *No cash payments will be accepted as evidence in support of a request for reimbursement. Page 143 of 949 How to Apply Applicants can apply online at whyboynton.com/grants or by contacting the City's Department of Economic Development and Strategy at 561-742-6014 or DurganJ@bbfl.us for a copy of the grant application. SUBMISSION OF AN APPLICATION IS NOT A GUARANTEE OF FUNDING It is the responsibility of the applicant to READ AND UNDERSTAND all aspects of the Grant Program Application and Guidelines. NOTICE TO THIRD PARTIES: The grant application program does not create any rights for any parties, including parties that performed work on the project. Nor shall issuance of a grant result in any obligation on the part of the City of Boynton Beach to any third party. The City is not required to verify that entities that have contracted with the applicant have been paid in full, or that such entities have paid any subcontractors in full. Applicant's warranty that all bills related to the Project for which the applicant is directly responsible is sufficient assurance for the City to award grant funding. Page 144 of 949 6.C. Consent Agenda 4/5/2022 City of Boynton Beach ,p Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of February 2022. 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 February 2022: Purchase Order# Vendor Amount 20954 STRATEGIC GOVERNMENT RESOURCES $28,500.00 20971 DOOR SYSTEMS OF SOUTH FLORIDA $23,900.00 20973 MADSEN/ BARR CORPORATION $81,472.25 20974 FL TECHNICAL CONSULTANTS $28,920.00 20976 CORE & MAIN LP $10,674.64 20977 SSD INTERNATIONAL INC. $10,788.10 20988 BUSINESS ORIENTED SOFTWARE SOLUTIONS, INC. $11,814.00 20996 BAKER& TAYLOR COMPANY $16,022.40 21021 WESTARCHITECTURE + DESIGN, LLC $10,060.00 21022 HOMRICH CORPORATION $43,700.00 21023 RANGELINE TAPPING SERVICES, INC. $43,650.00 21024 TRIHEDRAL INC. $18,032.25 21046 S H I $10,566.00 21048 MADSEN/ BARR CORPORATION $19,104.00 21052 TRANSOURCE SERVICES CORP $10,773.00 21054 DELL MARKETING LP $33,636.42 21058 BARNEY'S PUMPS INC. $19,043.00 21059 BARNEY'S PUMPS INC. 1$23,665.00 21067 ITHYSSENKRUPP ELEVATOR 1$87,634.00 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over$10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the Page 145 of 949 organization. i nis avows aaministration to maintain internal controls Tor mese purcnases, reauce the aaministrative 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 Description D /attachment February 2022- Purchases over $10,000 Page 146 of 949 CITY OF BOYNTON BEACH APPROVED REQUESTS FOR PURCHASES OVER$10,000 'N FOR FEBRUARY 2022 1. Vendor: STRATEGIC GOVERNMENT RESOURCES Purchase Amount: $28,500.00 Requesting Department: HUMAN RESOURCES Contact Person: JAKEERA JOURDAN Date: 2/2/2022 Brief Description of Purchase: Strategic Government Resources recruitment services for Director of Equity and Inclusion. Source for Purchase: 3 Quotes Fund Source: 001-1610-513.54-36 2. Vendor: DOOR SYSTEMS OF SOUTH FLORIDA Purchase Amount: $23,900.00 Requesting Department: PUBLIC WORKS Contact Person: GAIL MOOTZ Date: 2/4/2022 Brief Description of Purchase: Replace existing overhead doors at Oceanfront maintenance building. Source for Purchase: 3 Quotes Fund Source: 303-4210-572.62-01 RP1917 3. Vendor: MADSEN/BARR CORPORATION Purchase Amount: $81,472.25 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 2/4/2022 Brief Description of Purchase: Emergency repair at 24 inch sanitary force main within the area of lift station 356,including excavation,shoring,dewatering,trench safety,adjust ring and cover grade, limerock base and paver brick restoration. Source for Purchase: Contract#019-2821-19 Fund Source: 401-500-535.65-04 SW1801 4. Vendor: FL TECHNICAL CONSULTANTS, LLC Purchase Amount: $28,920.00 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 2/4/2022 Brief Description of Purchase: Task order#UMD-07-22-update iWater Asset Management Platform: add additional fields,create pull down menus and support training field staff. Applications to support: Grease traps, Fire Hydrants, Meters and Backflows. Source for Purchase: Contract#007-2821-20 Fund Source: 403-5000-536.31-90 US2101 5. Vendor: CORE&MAIN LP Purchase Amount: $10,674.64 Requesting Department: WAREHOUSE Contact Person: JEN PACIELLO Date: 2/4/2022 Brief Description of Purchase: High Pointe Backflow Project: 13/16 SS Slot Uni-Struts, 3/4"304 SS Strut Clamps, 1"304SS Strut Clamps, 1-1/2"Unistrut Pips and fittings,2"304SS Strut Clamps. Source for Purchase: 3 Quotes Fund Source: 403-5000-533.65-02 WT2103 6. Vendor: SSD INTERNATIONAL INC. Purchase Amount: $10,788.10 Requesting Department: POLICE Contact Person: SGT. PICCIANO Date: 2/4/2022 Brief Description of Purchase: Purchase of 40mm sponge rounds which will outfit all road patrol sergeants for a less lethal option in the use of force continuum. Source for Purchase: 3 Quotes Fund Source: 001-2112-521.52-50 Page 147 of 949 7. Vendor: BUSINESS ORIENTED SOFTWARE SOLUTIONS, INC. Purchase Amount: $11,814.00 Requesting Department: ITS Contact Person: CHARLES STEVENS Date: 2/8/2022 Brief Description of Purchase: The I.T.S. Department is working to move to a more project management mindset and follow Information Technology Infrastructure Library(ITIL)best practices. Our current work order system is outdated and does not support ITIL. BossDesk is ITIL compliant and will allow the ITS Department to provide better service to our customers by providing: Incident Management module, Problem Management module, Change Management module,Asset Management module with Dell warranty API, Service Catalog with custom Service Request templates/workflows, Self service portal,and Mobile application. BossDesk is a hosted Cloud application. Source for Purchase: 3 Quotes Fund Source: 001-1510-513.46-91 8. Vendor: BAKER&TAYLOR COMPANY Purchase Amount: $16,022.40 Requesting Department: LIBRARY Contact Person: TIFFANY PAGAN Date: 2/8/2022 Brief Description of Purchase: Annual Book Lease Program:Allows the Library to lease multiple copies of a title for the Library Collection to satisfy patron demands and then return excess books when the demands decrease. Donation from the Friends of the Library cover this expense(01/2022-06/2022) Source for Purchase: Sole Source Fund Source: 691-5000-590.04-41 9. Vendor: WEST ARCHITECTURE+DESIGN, LLC Purchase Amount: $10,060.00 Requesting Department: PUBLIC WORKS Contact Person: PAOLA MENDOZA Date: 2/15/2022 Brief Description of Purchase: Forest Park neighborhood-Proposed permanent traffic calming devise concept sketches/drawings. 1. Plateaued intersection 2. Right turn only 3. Road Closure Source for Purchase: Contract#046-2821-17 Fund Source: 303-4905-580.63-08 CP0266 10. Vendor: HOMRICH CORPORATION Purchase Amount: $43,700.00 Requesting Department: RECREATION AND PARKS Contact Person: KACY YOUNG Date: 2/15/2022 Brief Description of Purchase: Beach Lifeguard Tower repairs:Tower 1 -Repairs to Ramp, Stairs, Structure,and paint.Towers 2 and 3-Repairs to Ramp, Structure,and paint. Source for Purchase: Contract#028-2511-20 Fund Source: 001-2710-572.49-17 11. Vendor: RANGELINE TAPPING SERVICES, INC. Purchase Amount: $43,650.00 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 2/15/2022 Brief Description of Purchase: Emergency repair at 24 inch sanitary force main within the area of lift station 356,Valve Insertion-20" Hydra-Stop Insta-Valve at 786 E. Boynton Beach Blvd, Boynton Beach, FL 33435. Source for Purchase: Confirming Order Fund Source: 403-5000-535.65-04 SW1801 12. Vendor: TRIHEDRAL INC. Purchase Amount: $18,032.25 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 2/15/2022 Brief Description of Purchase: The Utility uses Supervisory, Control and Data Acquision(SCADA)systems software for oversight and control of the 168 Lift Stations, 30 wells,three(3) plants,and two(2)ground storage tanks.This request is for the renewal of licensing and an upgrade to one of the licenses which is currently restricted to only 10 concurrent users and it will also provide for improved system security and reliability. Source for Purchase: Sole Source Fund Source: 401-2821-536.46-91 Page 2 Page 148 of 949 13. Vendor: SHI Purchase Amount: $10,566.00 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 2/23/2022 Brief Description of Purchase: Renewal of maintenance and support for Cisco Duo advanced authentication(2-Factor)required to meet Criminal Justice Information Services(CJIS) Security policy requirements. Source for Purchase: Piggyback Contract: NASPO Data Communications Fund Source: 001-2112-521.46-91 Contract#43220000-NASPO-19-ACS#AR3227 14. Vendor: MADSEN/BARR CORPORATION Purchase Amount: $19,104.00 Requesting Department: UTILITIES Contact Person: BRANDON MINGO Date: 2/23/2022 Brief Description of Purchase: Repairs for water distribution at 555 N. Congress Ave for asphalt and sidewalk and curb gutter repair. Source for Purchase: Contract#:019-2821-19 Fund Source: 401-2810-536.46-47 15. Vendor: TRANSOURCE SERVICES CORP. Purchase Amount: $10,773.00 Requesting Department: POLICE Contact Person: SOPHIA STEWART Date: 2/23/2022 Brief Description of Purchase: Renewal and maintenance and support for Police server virtual environment data and compute nodes. It is for 14 months as that is remaining lifespan of system. Source for Purchase: Piggyback Contract: State of Florida Fund Source: 001-2112-521.46-91 Contract#43211500-WSCA-15-ACS 16. Vendor: DELL MARKETING LP Purchase Amount: $33,636.42 Requesting Department: ITS Contact Person: CHARLES STEVENS Date: 2/23/2022 Brief Description of Purchase: Purchase of 19 laptops. Six(6)will be replacements of existing that have reached the end of life.Thirteen(13)will be a change over from fixed desktops to laptops with docking stations for staff that need to be mobile. Mobile staff include engineers, mechanics, Safety&Training Coordinator,and Asset Tec. The laptops will enable staff to have access to project data and software while away from their offices and significantly improve efficiency. Source for Purchase: Piggyback Contract: National Cooperative Purchasing Fund Source: 401-2821-536.64-15 Alliance Contract#NCPA 01-42 17. Vendor: BARNEY'S PUMPS INC. Purchase Amount: $19,043.00 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 2/24/2022 Brief Description of Purchase: Purchase a pumping station HOMA submersible non-clog, 300 mm impeller replacement sewage pump for Lift Station#213. Source for Purchase: Contract#014-2821-19 Fund Source: 403-500-535.65-04 SWR102 18. Vendor: BARNEY'S PUMPS INC. Purchase Amount: $23,665.00 Requesting Department: UTILITIES Contact Person: TREMAINE JOHNSON Date: 2/24/2022 Brief Description of Purchase: Purchase a pumping station HOMA submersible non-clog, 330mm impeller replacement sewage pump for Lift Station#801. Source for Purchase: Contract#014-2821-19 Fund Source: 403-5000-535.65-04 SWR075 Page 3 Page 149 of 949 19. Vendor: THYSSENKRUPP ELEVATOR Purchase Amount: $87,634.00 Requesting Department: PUBLIC WORKS Contact Person: KEVIN RAMSEY Date: 2/28/2022 Brief Description of Purchase: Boynton Beach Women's Club-Elevator modernization Source for Purchase: Piggyback Contract: Omnia Partners Fund Source: 302-4145-580.62-01 RP2203 Contract#R200-502 Page 4 Page 150 of 949 6.D. Consent Agenda 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Approve an increase for the annual expenditure with Facilities Pro Sweep of West Palm Beach, FL in the amount of$85,000 for street sweeping services, including emergencies and special events piggybacking the Palm Beach Gardens contract#ITB2016-065PS for the period of the contract which expires on September 30, 2026. Explanation of Request: Piggybacking is a standard practice in procurement whereby government entities can utilize contracts already negotiated by other other government entities to exact the same terms and pricing from vendors for goods and services. The City's Purchasing Policy allows for the utilization of this method of procurement. Piggybacked contracts allow multiple government entities to benefit from competitively solicited bids, providing for better buying power and access to products. This method is encouraged when it is determined that it will provide the best product/service at the best price without compromising any of the specifications or quality desired. The City of Palm Beach Garden's bid process satisfies the City's competitive bid requirements. The Solid Waste Division created an annual blanket with Facilities Pro Sweep for street sweeping services, including emergencies and special events throughout the City using the City of Palm Beach Garden's contract#ITB2016-065PS. The street sweeping services removes stray trash, stains, and miscellaneous debris and allows the streets to look cleaner. The increase will allow for continued street sweeping and prevent debris from building up throughout the year, minimizing debris infiltrating into waste water. How will this affect city programs or services? Street sweeping would assist with preventing sewer drains from being clogged or trapped with debris and prevent flooding due to the drains not being clear. Fiscal Impact: Budgeted funding is in Solid Waste account#431-2515-534-49-17 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Page 151 of 949 Grant Amount: Contracts Vendor Name: Facilities Pro-Sweep Start Date: 6/3/2020 End Date: 9/30/2026 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: The City has the option to renew the agreement for an additional five (5) years. Attachments: Type Description D Amendment Agenda Back Up- Facilities Pro Sweep- Amendment and Bid,pdf D Contract Agenda Back Up- Facilities Pro Sweep- Contract Award Transmittal,pdf D Letter Agenda Back Up- Facilities Pro Sweep- Letter of Authorization and COI,pdf Page 152 of 949 PAIM BEACH City of Palm Beach Gardens Office of the City Clerk 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4122 i Letter of Transmittal DATE: June 4. 2021 TO: International Sweeping, Inc. d/b/a Facilities Pro-Sweep 2761 Vista Parkway, Unit E-7 West Palm Beach, FL 33411 Attn: Alessandro Correa, President Delivered via FedEx Tracking No. 8127 8550 4849 T Re: Amendment No. 1 to Agreement for Street Swee nin p Services. or Your Records © For Recording © As Requested © Returned for Corrections E3 For Review and Signature 0 Other: rg Signed Patricia Snider, CMC, City Clerk Page 153 of 949 DocuSign Envelope ID:00004CBB-367E-48FF-AD61-3EC357EB544B A BAF CITY OF PALM BEACH GARDENS 105DO North Military Trail Palm Beach Gardens,Florida 33410 AMENDMENT NO. 2 TO AGREEMENT STREETFOR ISERVICES AGREEMENT NO.IT 2016- 6S THIS AMENDMENT NO. 2 TO THE AGREEMENT is made and entered this yo day ofM_ -e,. 2021 (the "effective date") by and between the City of Pal Beach Gardes, Florida municipal corporation (the "City"), located at 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and International Sweeping, Inc. dba Facilities ro- e , a Florida corporation (the "Contractor"), with a principal address of 2761 Vista Parkway, Unit E-7, West Palm Beach, Florida 33411 WHEREAS, on September 8, 2016, the City executed an Agreement with the Contractor under Agreement Number IT 2016- 6PS for Street Sweeping Services; and WHEREAS, on April 1 , 2017, the City executed Amendment No. 1 to the Agreement to provide additional services with prices and rates for the additional services; and WHEREAS, the Agreement will expire on September 30, 2021, and the City has the option to renew the Agreement for an additional five (5) years; and WHEREAS, the City and the Contractor have mutually agreed to renew the Agreement for an additional five (5) years. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the City and the Contractor agree as follows: 1. The City and the Contractor agree to renew the Agreement for an additional five (5) years effective October 1, 2021. The term of this renewal shall expire on September 3 , 2026, unless terminated beforehand as provided for in the Agreement. Page I 1 of 3 Page 154 of 949 DocuSign Envelope ID:00004C9B-367E-48FF-AD61-3EC357EB5448 City of Palm Beach Gardens Amendment No.2 Agreement No. ITS2016-065PS Street Sweeping Services 2. The cleaning rates applicable to the renewal term are shown in Exhibit "A," attached hereto and incorporated herein. 3. The total estimated cost for the new agreement term shall be Five Hundred Thirty Thousand Dollars ($534,000). All terms, covenants, and conditions of the original Agreement, and any addenda, modifications, or amendments thereto, shall remain in full force and effect except to the extent herein amended. (The remainder of this page intentionally left blank.) Page 12 of 3 Page 155 of 949 DocuSign Envelope ID:0D004C9B-367E-48FF-AD61-3EC357EB544B City of Palm Beach Gardens Amendment No.2 Agreement No. IT82016-g65PS Street Sweeping Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA By: Rachelle A. Litt, Mayor ATTEST: By: .` Patricia Snider, CMC, City Clerk APPROVED AS TO FORM ANO LE UFFI I CY B � R. Max Lot City Attorney INTERNATIONAL SWEEPI , INC. ha FACILITIES PRO DocuSlgned by: 13Y, 7D3F32BC89AA4DE,. Alessandro Correa, President Shared DocurnentslAGREEMENTS12021/Facilities Pro-sweep•Amd 2(OTR)-1TB20i6-065PS.docx Page 13of3 Page 156 of 949 DocuSign Envelope ID:OD004C9B-367E-48FF-AD61-3EC357EB5446 City of Palm Beach Gardens Amendment No.2 Agreement No.ITB2016-065PS Street Sweeping Services EXHIBIT "A" Page 157 of 949 DocuSign Envelope ID:OD004C9B-367r=-48FF-AO61-3r=C357EB544B Major streets Strelat Name Point"A"to Point"n", Miles New Amount Per Name Mile New Amount Per Month PGA Blvd. Ryder C 5.7 miles x 4=22_8 $24.08 549.02 B Military Trail Investment Lane-PGA 2.7 miles x 4=10,8 4 260.06 S24.09 PGA Lighthouse Dr,Donald Ross 4.57 miles x 4=18.28 �E$24.08 1 '$ Cental oj' 08 3 16.89 Blvd. PGA-Donald Ross i2iMfieS X 4=13.16 $24.08 316.89 Jog Rd, PGA-Donald Ross 4.94 miles x 4=ig,76 $24,09 475.82 �ffllalry Trail PGA-Donald Ross 3 miles x 4=iz $24.09 288.96, Northlake Beeline-Congress Ave. 4.32 miles x 4=11.23 $24,08 416.10 Prosperity Farms Allamanda or.-Gardens Park 1.3 Miles X 3=3.3 :524.09 3_93.91 RCA Blvd NOrthCorp Parkway-Prosperity Farms Rd. 1.56 miles x 2=3.12 $24.08 1: 1 75,23 Hood ko Prosperity Farms _7_4-�ir�lles x 4=19,12 $24,08 I , - Jog Rd. Rd. 460.41 Donald Ross Ce Minor Streets Street Name Point"I Point miles ewAmount Per Mil New-Amount Per Month— t Dr. Sunset Dr. Northlake Blvd.-Cul-de-sac - Sunset -.5 miles x 2=1 24.08 Holly Dr. Milltal V Trail--Riverside Dr, .89 miles x 2 1,78 --V24708- 42.86 Holty Dr. Ironwood-Lighthouse Dr. .39 miles x 1 a�q _$2408 $ 9.39 Burns Rd. urns Rd.- M1llt!jjTrafl-Prosperity Farms iI03 miles-3=6,09 -$24.08 $ 146.65 Kyoto Gardens Fairchlid Gardens Ave.-ALT AIA .42 miles x 4=1.68 $24.09 $ 40.45 Fairchild Ave. RCA-Valencia Gardens Ave. �108 miles x 3=3,24 $24.08 78.02 MacArthur Northlake Blvd,-Lighthouse Dr. 1 .66 miles x 3 m l,qa $24.08 47.68 Gardens EaspK_ Burns Road-RCA Blvd. .76 miles X 2 1.52 $24.08 -7-36.60 - fl --- $ 149.30 Gardens P" ALT�IA-Prosper'y Farms 1.55 miles x 4=6,2 $24.08 Kew-Gardens Ave, Gardens Pkwy-PGA .32 miles x 4_aI,28 $24.08 $ 30.82 Minsk Gardens Kew Gardens-PGA - .22 miles x 3-m66 $24.08 $ 15.89 Fairchild Ave. Fairchild Gardens Ave.-Campus Dr. .37 miles x 2=.74 $24.08 $ 17.82 Lake Victoria Gardens Kyoto Gardens Dr.-ALT AIA .3 miles x 4 $24.08 $ 28.90 Valencia Gardens Ave. Gardens Pkwy-Gardens Pkwy 1.43 miles x 2=2.86 $24.08 $ 68.87 Riverside Dr. Burns Rd,-Northcorp Parkway .2GIles Northcorp PkwW A ... ..... 11.013- PGA-FCA Blvd. .3 miles x 2 m.6 $24.08 $ 14.45 Page 158 of 949 DocuSign Envelope ll);OD004C9B-367E-48FF-AD61-3EC357EB544B Allamanda Dr. Burns Rd.-Allamanda Lane .14 rntles x 2=.25 $24,08 $ 6.74 Allamanda LN, AtlamancIR Dr.-PrOqler[tV Farms Rd, .22 miles x 2=.44 $24.08 $ 10-60 Military Trail Grandiflora Rd,-to cul-de-sac .71 miles!4=2 24 $24.os 68,39 117th-Court North mmwEast to Sh.d-VI-,`k-.!.Dr. .87 miles x 2=1.,74 $24.08 --43-90 Shady Lakes Or, PGA-117TH .8 mlies x 2=IX $24.08 38.53 Papki! LUIM ------- Parkin A Lot Frequency New Amount Per Visit I New Amount Per Month Bums Road Community Center Frequency.4 times a month $ 76.05 $ 30410 City Hall Frequent times a month $ 101.40 405.60 e� Lilac Park Frencw.2 times a month $ - 25.35 .5 50.70 Palm Beach Gardens Park Frequency,2 times a month $ .35.49 70.98 Wi,--s o I Park 'Frequency:2 times a month $ 35.49 70.98 PBG Tennis Center Frequency;2 times a month $ 35.49 $ 70.98 -- City Park Frequency,.2 times a month IT-- 35.49 70.98 2r .35 Oaks Park FTVency-,2 times a month 25 $ Lakeside Complex Lake Catherine Sports Frequent _k$ 2535 $ 50.70 Complex - - FrerjuencV:2 times a month $ 35.49 $ 70.98 Roller H?EttLt!Ek-Frequency:2 times a month '$-2S.35 $ 50.70 Plant Drive FreqUeng.'2 times a Month 25.35 $ 50.70 [Riverside Youth Frequency:2 times a month 25,35 $ 50.70 Gardens Park Frequency,.2 times a month 76.05 $ 15110 SandhM Crane 76.05 ,$ 152.10 i Page 159 of 949 $CCU It 10 Certificate Of Completion Envelope ld:OD004C9B367r=48FFAD613EC357EB54413 Status:Completed Subject:Please DocuSlgn:Facilities Pro-Sweep-Street Sweeping Svcs.pdf Source Envelope: Document Pages:6 Signatures: I Envelope Originator: Certificate Pages!4 Initials:0 Barbara Chalare AutoNav:Enabled 10500 N Military Trail Envelopeld Stamping:Enabled Purchasing Department Time Zone:(UTC-05:00)Eastern Time(US&Canada) Palm Beach Gardens,FL 33410 bGhabre@pbgfl.com IP Address: 151.132-106,163 Record Tracking Status:Original Holder:Sarbara Chabre Location:DocuSign 5/5/2021 2:12:34 PM t)chabre@pbgfi.com Signer Events Signature Timestamp Alessandro Correa [—0o 310-d W, Sent:5/5/2021 2:29:39 PM tearrea@facilitiespro-sweep.com gb'SW44116 (hMA Viewed:515/2021 3:38:28 PM Security Level:Email,Account Authentication ?V*2NCB9AAADE... Signed:51512021 3:41:07 PM (None) Signature Adoption:Pre-selected Style Using IP Address:76,109.13,3 Electronic Record and Signature Disclosure: Accepted:51512021 3:38-.28 PM I D:o4a I 7ccd-5d I 0-4367-8707-3d6931 ca7aOe Company Name:Carahsoft OBO City of Palm Beach Gardens In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Tfmestamps Envelope Sent Hashed/Encrypted 5/5/2021 2:29:39 PM Certified Delivered Security Chocked 515/2021 3:38:28 PM Signing Complete Security Checked 51512021 3:411:07 PM Completed Security Checked 51512021 3:41:07 PM Payment Events Status Timeste mpis Electronic Record and Signature Disclosure Page lWof949 f I PALM BIEACH I CITY OF PALM BEACH GARDENS I 10500 N.MILITARY TRAIL PALM BEACH GARDENS,FLORIDA 334104698 COMMUNITY SERVICES DEPARTMENT July 17, 2020 i To WHOM IT MAY CONCERN Re: International Sweeping, Inc. D/B/A Facilities Pro-sweep 2755 Vista Parkway North,Suite 1-12 , West Palm Beach, FL 33411 i The City of Palm Beach Gardens has been contractually working with Facilities Pro-Sweep since 2016. During this time, Facilities Pro-Sweep has provided the contractual obligation for street sweeping both on City roads and In City parks. The City has been pleased with the level of customer service and quality of service that Facilities Pro-Sweep has provided. The company's customer service culture on an as-needed basis is also very responsive and commendable. We have never encountered a situation that we could not work with the vendor to resolve amicably. if you have any questions or require any clarification, please feel free to contact Daniel Widdick at 561-804-7044. ards, U Co alder Director of Public Services E I I i Page 161 of 949 Page 162 of 949 �SS I f City of Palm Beach Gardens Office of the City Clerk 10500 North Military Trail Palm Beach Gardens, FL 33410 (561) 799-4122 s i r j Letter of Transmittal DATE: April 13,2017 TO: International Sweeping, Inc. d/b/a Facilities Pro-Sweep 2755 Vista Parkway North, Suite I-12 West Palm Beach,FL 33411 Attn: Alessandro Correa, President Re: Amendment No. 1 to Agreement for Streets Sweein _Services i M4e or Your Records ❑ For Recording 13 As Requested ❑ Returned for Corrections © For Review and Signature ❑ Other: Signed Patricia Snider, CMC, City Clerk Page 163 of 949 I' rL BCH z P e�t CITY OF PALM BEACHGARDENS 10500 North Military Trail Palm Beach Gardens, FL 33410 AMENDMENT . 1 AGREEMENTTO FOR STREETS SWEEPING AGREEMENT NO. I 2016- 65S THIS AMENDMENT . 1 is made and entered into this day of 2017 (the "effective date") by and between the City of PalmBeach Gardens, a Floridamunicipal corporation (hereinafter referred to as the "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and International Sweeping, Inc. dba Facilitiesro- ee , a Florida corporation (hereinafter referred to as the "Contractor"), whose principal address is 2755 Vista Parkway North, Suite 1-12, West Palm Beach, Florida 33411. WHEREAS, on September 8, 2016, the City executed Agreement No. ITB2016-065PS, with FacilitiesPro-Sweep (hereinafter "Agreement"), for the provision of Streets Sweeping Services; and WHEREAS, the City has identified additional services that it may require from the Contractor, and pursuant to Section 1.27, Modification of Contract, such modifications must be made in writing; and WHEREAS,the Contractor has provided the City with prices and rates for these additional services to be incorporated under the Agreement. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: 1. On an as-needed basis, and subject to purchase orders issued by the City, the Contractor shall provide the following additional services under this Agreement: i. Power Broom Sweeping Services a. Military Trail west on Grandiflora Roadto cul-de-sac. Both sides of the streets have curbing, and the middle medians shall be serviced. Approximate size: 0.71 miles (one-way) Page I 1 of __ _ Page 164 of 949 City of Palm Beach Gardens Amendment No. 1 Agreement No. ITB2016-065PS b. 1171h Court Northeast to Shady Lakes Drive. Both sides of the street have curbing. Approximate size: 0.87 miles (one-way) Total miles: 4.58 miles Cost: $23.75 per ilex 4.58 miles = $108.78 ii. Emergency Services and Special Events Emergency clean-up and special events clean-up. $150.00 per hour with 4 hours minimum for broom truck. $115.00 per our with 4 hours minimum for dump-truck, is dumping fees. 2. All terms, covenants, and conditions of the Agreement and any addenda, modifications, or amendments thereto shall remain in full force and effect, except to the extent herein amended. (The remainder of this page intentionally left blank) Page J 2 of 3 Page 165 of 949 ............... City of Palm Beach Gardens Amendment No. 1 Agreement No. ITB2016-065PS IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement as of the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA By: onald M: Ferri KCity Manager ATTEST: By:_ Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R.Wx Lohm ity Attorney INTERNATIONAL SWEEPING, INC. dba FACILITIES PRO-SWEEP Alessandro Correa, President WITNESSES: Print Name: Print llpbgsnas\Attomeylattorney_share\AGREEMENTS120171Eacilities Pro Sweep-ITS2016-065PS Amend i.docx Page 13 of 3 __M..... Page 166 of 949 ,,- PALM BEAcH GARDENS 'il unique place to live.kava.work do play" THE CITY OF PALM BEACH GARDENS 10500 North Military Trail Palin Beach Gardens, FL 33410 AGREEMENT FOR STREETS SWEEPING SERVICES AGREEMENT NO. ITB2016-065PS THIS AGREEMENT is made and entered into this r. day of rt--,, , 2016 (the "effective date"), by and between the City of Palm Beach Gardens,a Florida municipal corporation (hereinafter referred to as"City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and International Sweeping, Inc. d/b/a Facilities Pro Sweep, a Florida corporation (hereinafter referred to as "Contractor"), whose principal address is 2755 Vista Parkway North, Suite 1.12, West Palm Beach, Florida 33411. WHEREAS, the City desires to retain the services of the Contractor to provide services in accordance with the City's invitation to Bid ITB2016-065PS, Streets Sweeping Services, and the Contractor's response thereto, which are attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid ITB2016- 065PS and the Contractor's response to the Invitation to Bid, including all addenda and documentation required thereunder. ARTICLE 2. SCOPE OF SERVICES The Contractor shall supply all equipment, labor, and supervision, and perform streets sweeping services based on the schedule and at the locations identified in Exhibit The Contractor shall perform the work based on the frequency established by the City and during the timeframes established in the contract. Page 11 of 4 Page 167 of 949 City of Palm Beach Gardens ITB2016-065PS Streets Sweeping Services ARTICLE 3. COMPENSATION The City shall pay the Contractor for performing the work according to the terms and conditions of the Invitation to Bid and the Contractor's price offer and proposed rates. The City shall pay the Contractor the annual estimated amount of Sixty Thousand Dollars. Actual payment for work performed shall be based on the rates and pricing established in the contract, and the frequencies requested by the City as detailed in the City's Purchase Order. All payments shall be made in accordance with Florida Prompt Payment Act, Section 21 .7 , Florida Statutes, on the presentation of a proper invoice by the Contractor. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, mailed by registered or certified mail (postage prepaid), return receipt requested, or delivered by overnight courier to the following addresses: As to the City: it of Palm Beach Gardens 10500 North Military Trail Palm each Gardens, Florida 33410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm each Gardens, Florida 33410 Attn: City Attorney Email: mlohrngp��fl.com As to the Contractor: International Sweeping, Inc. d/b/a Facilities Pro Sweep 2755 Vista Parkway North, Suite 1-12 West Palm each, Florida 33411 Attn: Thais Correa Email: servicgewph@facflffie pro-swe b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. Page 12 of 4 Page 168 of 949 City of Palm Beach Gardens ITB2016-065PS Streets Sweeping Services ARTICLE 5. TERM The term of this Agreement shall be from the effective date until September 30, 2021, unless terminated as provided for in Article 6. Prior to or upon expiration of this Agreement's five- (5) year initial term, the City shall have the option to renew this Agreement for an additional five (5) years, at the City's sole discretion. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, Capon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for work performed through the date of termination in accordance with the terms of this Agreement. (The remainder of this page intentionally left blank) Page 13 of 4 Page 169 of 949 City of Palm Beach Gardens ITB2016-065PS Streets Sweeping Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA y� By__ Marcie' i ley, Mayor ATTEST: Patricia Snider, GMC, City Clerk APPROVED AS TO FOR LEGAL SUFI f.14CY By: Ma 1, an;'City Attorney INTERNATIONAL SWEEPING, I C. d/b/a FACILITIES "RO e ent — — �6 .,.<._ WITNESSES: By.,_. Print ame: By: „_ Print Name: to 4w i1pbgsnaslAttomeytattorney_share%AGRE MENTST016tFacilitles Era-Sweep-Street Sweeping Svcs-IT52016-0 5PS-Agmt.docx Page 14 of 4 Page 170 of 949 PALm BEACH GARDENS :1 unique place to live,learn,work&pig" City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens,FL 33410 PUBLIC NOTICE—RECOMMENDATION TO AWARD DATE: July 22,2016 SOLICITATION NO.: ITB2016-065PS TITLE: Streets Sweeping Services Notice is hereby given that the City of Palm Beach Gardens has completed Its evaluation of offers received for the above-mentioned Solicitation. The City Manager or designee has recommended award of the contract to the following Bidder: NAME OF VENDOR: INTERNATIONAL SWEEPING DBA FACILITIES PRO-SWEEP DETAILS: 9 ------ -------- Year One: $60,000 Year Two: $60,000 Year Three: $60,000 Year Four: $60,000 �. ---_— Year Five: $60,000 Total Contract Value_: $3(10,000(Three Hundred Thousand Dollars) Options to Renew: five(5)Years NOTES: None. Per: G,1 R4,CPPO,CPPB,CPSM,C.P.M.,CAP-OM,CPCP,FCCM Purchasing and Contracts Director c: Patty Snider,CMC City Clerk Page 171 of 949 City of Palm Beach Gardens,Florida p Bid Tabulation " ITS No.: ITB2016-065P5 - Bid Title: Streets Sweeping Services Bid Opening date:Friday,July 5,2016 @ 3:00 P.M. _ PALm B E A C t1 GARDENS Prepared y: I -f aa�tigue place to live.le�araa,i6vrk&play'° VENDOR NAME: FACILITIES PRO-SWEEP i3SSWEEPINC FEIN: 01-0703241 27-3966072 Corporation Address(State): 2755'N Vista Pkway,West Palm Beach 20533 Biscayne Blvd,Aventura Are Submittal Forms Complete? Yes Yes Y Conviction Disclosure(Yes/No) No No Addenda Acknowledged(Yes/No): Yes Yes Vendor Contact(for this bid) Thais Correa Iris Sakar Vendor Contact Phone Number 561.616.6363 305.345.5891 Vendor Contact Email servicewpb@f�cilitiespro-sweeL).com info ussweepinginc.com ITEM DESCRIPTION MILES RATE PRICE RATE PRICE A. GROUP A-MAJOR STREETS I PGA Boulevard 5.70 $23.75 ( $135.38 $26.49 $150.99 ii MilitaryTrail 2.70 $23.75 $64.13 $26.49 $71.52 iii Alternate AIA 4.57 $23.75 $108.54 $26.49 $121.06 iv Central Boulevard 3.29 $23.75 $78.14 $26.49 $87.15 V Jog Road 4.94 $23.75 $117.33 $26.49 $130.86 A Military Trail &Go $23.75 $71.25 $26.49 $79.47 vii Northlake Boulevard 4.32 $23.75 $102.60 $26.49 $114.44 -- _ viii !Prosperity Farms Road 1.30 $23.75 $30.88 $26.49 $34.44 ix RCA Boulevard 1.56 1 $23.75 $37.05 $26.49 $41.32 x Hood Road 4.78 $23.75 $113.53 $26.49 $126.62 X1 Donald Ross Road -- - 1.78 $23.75 $42.28 $26.49 $47.15 TOTAL-GROUP Al $901m $1,005.03 B. GROUP 8-MINOR STREETS I Sunset Drive 0.50 $23.75 $11.88 $26.49 $13.25 ii 1H oily Drive 0.89 $23.75 $21.14 $26.49 $23.58 iii ,Holly Drive 0.39 $23.75 $9.26 $26.49.. $10.33 IV Burns Road 2.03 $23.75 $48.21 $26.49 $53.77 v Kyoto Gardens Avenue 0.42 $23.75 $9.98 $26.49 $11.13 A Fairchild Avenue 1.08 $23.75 $25.65 $26.49 . $28.61 vii MacArthur Boulevard 0.66 $23.75 $15.68 $26.49 $17.48 - viii Gardens East Drive 0.76 $23.75 $18.05 $26.49 $20.13 ix Gardens Parkway 1.55 $23.75 $36.81 $26.49 $41.06 x Kew gardens Avenue 0.32 $23.75 $7.60 $26.49 $8.48 -,-, xi Minsk Gardens 0.22 $23.75 $5.23 $26.49 $5.83 xii Fairchild Avenue 0.37 $23.75 $8.79 $26.49 $9.80 xiii Lake Victoria Gardens 0.30 $23.75 $7.13 $26.49 $7.95 Av Valencia Gardens Avenue 1.43 $23.75 $33.96 $26.49 $37.88 Page 172 of 949 ITB .: I 2 - P S , Bdd itle: Streets Sweeping Services Bid eni ate:Friday,July 5,2016 : P.M. L nt BEACH GARDENS Prepared y: W Rk °A unique place to Ihv.Imm,,cork pliky" VENDOR NAME- FA €LITI PRO-SWEEP US SWEEPING FEIN: 01-"0703241, 27-3966072 Drive a $23.75 5.46 $26.49 09xvRiverside xvi Northcorp,Parkway 0.30 $23.75 L $7.13 $26.49 $7.95 xvii Allarnan a Drive 0.14 $23.75 $3.33 $26.49 $3.71 xviii Aifamana Drive 0.22 $23.75 7- $5.23 $26.49 _ $5.83 TOTAL..GROUP B SaBti.00 $312.85 6ROUP C=PAII PARM 1415LOTS i Li:a,c Parr /A $25.00 $150.00 ii Paf Beach Gardens Park N/A $35.00 $250,00 iii IlAlrasol Park N/A = $35.00 $175.00 Iv IPBG`tennis Center N/A $35. - $150.00 v City Park N/A - $35.00 $125.00 vl Oaks Park N/A ( $25.00 - $125.00 vii Lakeside Complex N/A $25.00 - $175.- - viii Burns Road Recreation Center N/ _- $75.00 _ $175.00 ix lake Catherine Sports Complex N/A $35.00 $175.00 x Roller Hockey Park N/A $25.00 _ $150-00 A Plant Drive N/ P. . $25.00 0.00 xii Riverside Youth Enrichment Center N/A $25.00 $125.00 xiii City Hall and Police Department /A $100.00 -_ $250.00 Av Gardens Park N/A - $75.00 $300.00 xv Sandhill Crane Golf Club N/A $75.00 $250.00 TOTAL-GROUP C: $60.00 52,725.00 i NOTE: This bid tabulation is an Indication of prices only and not a determination of the responsive,responsible bidders. Page 173 of 949 .�of �1�' 9�"5`�F, a PALm BEACH GARDENS aA unique place aaa live,learn,ti+noway ate plgv CITY OF PALM BEACH GAS DEN PURCHASE AWARD TRANSMITTAL It is the policy of the City of Palm Beach Gardens to consistently purchase goods and services using frill and open competition Solicitations are advertised raa as newspoper of general circulation,and copies are made available Waugh Dem andStaar,Public purchase,the City's Purchasing wetapaa e,Vendors Ust,and the Office taf the City Clerk. Copies of aall satlritsaOons,addenda,and award daacurnentntrarn are provided to the Offirce oaf the inspector General. The frallowings ummaary provides project infarmatr`on on the procurement action identafled below. SOLICITATION TYPE. Invitation to Bid CONTRACT NO.: ITB20 6-065P TITLE. Streets Sweeping Services DEPARTMENT": Parks and Public Facilities DATE ADVERTISED-6/26/2016 BIDS/PROPOSALS DUE[SATE: 7/15/2016 WAS SOLICITATION OPENLY COMPETED?Yes RESPONSES RECEIVED; Two(2) FUNDING ACCOUNT INFORMATION.,001.30401541,3400 ANNUAL CONTRACT VALUES A, _ Year One: $60,000 COhITIIACT TERM: Five(5)Years Year Tway. $60,000 ......... � w v.._ year Three 60,00 OPTIONS TO RENEW: Five(S)Years w _ ....... um_ Year Four. $60,000 Year Five:: $60,000 TOTAL CONTRACT"VALUE: U{I 0UB ..... .. ._..... — --- Three Hundred Thousand Dollars VENDOR(S): INTERNATIONAL SWEEPING, INC. D/B/A FACILITIES PRO-SWEEP BACKGROUND: This Agreement will allow the City to contract with a qualified and experienced general contra=ctor for the sweeping of major and miner streets and parking lots. These services are currently being performed in-house by City staff. A east/benefit analysis,performed by the Public Services Department has shown that the City could save a significant amount of money each year in operation, maintenance, and staff costs if these services were provided by a contractor.The City currently spends more than$110,000 per year to provide these services. The vendor may also provide streets sweeping services for private communities,at the establishedrates in the Contract,with the approval of the City. COMMENTS, International Sweeping, Inc...d/b/a Facilities Pro-Sweep is a DOT-certified contractor that has been providing street sweeping services for several public and private entities since 2002, The firm has clients from Miami-lade County to Orlando and is well-known and respected in the industry. lit operates from several branch locations across South Florida and will provide the services for the City from its'West Palm Beach location,The equipment used to perform the work includes broom trucks,vacuum trucks,and mechanical sweepers. Originator David Reyes Department Dead J.E,00ug ney 111 Purchasing I ml ITS J. Finance Allam Owens ; City Attorney, R.'Max hOR Effective Date: 9/8/2.016 Expiration Date: 9/30/2021 4Append to Existing. Not applicable 9/ /2I116 i a PROVED 0 NOT APPROVED 0 DEFERRED CITY MANAGER R DES NEE DATE Page 174 of 949 I City of Palm Beach Garden Office of the City Clerk 105)00 North Military Trail Palm Beach Gardens, FL 33410 799-4122 psnider0apbgfI.com Letter of Transmittal DATE: e Lern er 1,3, 2016 201e TO International Sweeping, lne. d/b/a Facilities Fro Sweep 27:55 Vista Parkway North, Stene 1-12 *gest Fa.lrn Beach, FL 3341.1. Attn.: Thais Correa Ile; Agrcernent for Streets Sweeping 'Services ` � �, ur Records 13 For Recording, ;s Requested 0 Returned for Corrections For Review and Signature Ell Other: Signed Patricia Snider, CMC, City Clerk Page 175 of 949 44P* PALm BEACH CARDENS 'X unig"p4ave fo li,*.1�"�ww*AWay" THE CITY OF PALM BEACH GARDENS 10500 North Military Trail Palm Beach Gardens, FL 3341 C AGREEMENT FOR STREETS SWEEPING SERVICES AGREEMENT NO. ITB2016-065PS THIS AGREEMENT is made and entered into this ?* day of , 2016 (the "effective date"), by and between the City of Palm Beach Gardens, a Florida municipal corporation (hereinafter referred to as "City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and international Sweeping, Inc. d/bla Facilities Pro Sweep, a Florida corporation (hereinafter referred to as "Contractor"), whose principal address is 2755 Vista Parkway North, Suite 1-12, West Palm each, Florida 66411, WHEREAS, the City desires to retain the services of the Contractor to provide services in accordance with the City's Invitation to Bid ITB2016-065P,S, Streets Sweeping Services, and the Contractor's response thereto, which are attached hereto and incorporated herein as Exhibit "A". NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows- ARTICLE 1 . INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid ITB2016- 065PS and the Contractor's response to the Invitation to Bid, including all addenda and documentation required thereunder. ARTICLE 2, SCOPE OF SERVICES The Contractor Shall supply all equipment, labor, and supervision, and perform Streets sweeping services based on the schedule and at the locations identified in Exhibit "A". The Contractor shall perform the work based on the frequency established by the City and during the timeframes established in the contract. Page 11 of 4 Page 176 of 949 City of Palm Beach Gardens ITB 2016-065PS Streets Sweeping Services ARTICLE 3. COMPENSATION The City shall pay the Contractor for performing the work according to the terms and conditions of the Invitation to Bid and the Contractor's price offer and proposed rates. The City shall pay the Contractor the annual estimated amount of Sixty Thousand Dollars. Actual payment for work performed shall be based on the rates and: pricing established in the contract, and the frequencies requested by the City as detailed in the City's Purchase Order. All payments shall be made in accordance with Florida Prompt Payment Act, Section 218.74, Floilda Statutes, on the presentation of a proper invoice by the Contractor. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be, hand delivered, telecommunicated, mailed by registered or certified mail (postage prepaid), return receipt requested, or delivered by overnight courier to the following addresses* As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33,410 Attn: City Manager Facsimile: (561) 799-4111 With a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: mIohman(@pbqfI.com As to the Contractor: International Sweeping, Inc. d/bla Facilities Pro Sweep 2755 Vista Parkway North, Suite 1-12 West Palm, Beach, Florida 33,411 Attn: Thais Correa Email: servicewpb@faciIjtigspfq- cpm b. Headings. The headings contained in this Agreement are for convenience of reference only and shall not limit or otherwise, affect in any way the meaning or interpretation of this Agreement, Page 1' 2 of 4 Page 177 of 949 C4 of Palm Beach Gardens ITB2016-065PS Streets Sweeping Services ARTICLE 5. TERM The term of this Agreement shall be from the effective date until September 30, 2021, unless terminated as provided for in Article 6. Prior to or upon expiration of this Agreement's five- (5) year initial term, the City shall have the option to renew this Agreement for an additional five (5) years, at the City's sole discretion. ARTICLE 6. TERMINATION This Agreement may be terminated by the City, with or without cause, upon providing written notice to the Contractor. This Agreement may be terminated by the Contractor upon thirty (30) days' prior written notice to the City. Upon any such termination, the Contractor waives any claims for damages, from such termination, including, but not limited to, loss of anticipated profits. Unless the Contractor is in breach of this Agreement, the City shall pay the Contractor for work performed through the date of termination in accordance with the terms of this Agreement. (The remainder of this page intentionally left blank) Page 13 of 4 Page 178 of 949 City of Palm Beach Gardens I'TB2016-065PS Streets Sweeping Services IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date hereinabove first written. CITY OF PALM BEACH GARDENS, FLORIDA By_ Marcie Tinsley, Mayor ATTEST: -atriba —nide-r, CIVIC, City Clerk APPROVED AS TO FORM A LEGAL SUFF1 Y By R. Max L h ty Attorney INTERNATIONAL S ING, INC, d/b/a f-ACALJTT9tP-R--'- EP Sys— a ro orrea, WITNESSES: By.<� Print amei 't By*, — Print Name: tt� j v 1�- -- \\pbgsnas\Attorney'attorney—SharelAGREEMENTS)2015\Facilities Pro-Sweep-Street Sweeping Svcs-1TB2016-065PS-Agrnbjocx Page 14 of 4 Page 179 of 949 City of Palm Beach Gardens IT82016-065PS Streets Sweeping Services EXHIBIT "All Page 180 of 949 41 , PALM BEAcB GARDINS .�iarrru�tarc partsrr fu lisac,te�uwa,�'a+r�ti��a7�tY'" City of Palm Beach Gardens 10500 Norte M il ita ry Trai I Palm Beach Gardens, FL 33410 PUBLIC NOTICE— RECOMMENDATION TO AWARD DATE: July 22,2016 SOLICITATION NO.: ITB2016-065PS TITLE: Streets Seeping Services Notice is hereby given that the City of Palen Beach Gardens has completed its evaluation of offers received for the above-mentioned Solicitation. The City Manager or designee has recommended award of the contract to the following Bidder: NAME OF VENDOR: INTERNATIONAL SWEEPING DBA FACILITIES PRO-SWEEP DETAILS: Year One: $60,000 Year Two: $60,000 Year Three: $60,000 Year Four: $60,000 Year Five: $60,000 Total Contract Value: $300,000(Three Hundred Thousand Dollars) Options to Renew:.. Five (5)Years NOTES. None, Per: f P,S, CPPO, CPPB, CPSM, C.P.M., CAP-COM,CPCP, FCCM Purchasing and Contracts Director c: Patty Snider,CIVIC City Clerk Page 181 of 949 City of Palm Beach Gardens,Florida Did Tabulation ITB No.: ITB2016-065PS -- - --- -- -------------------------------------------- - - - ------------------------------------------------------------------------------------------- Bid Title: Streets Sweeping Services 14 D Bid Opening Date.Friday,July 5,2016 @ 3:00 P.MPALM BEACGARENS . 'A uwqw place ro five,learn, work&play Prepared by: iT VENDOR NAME: FACILITIES PRO-SWEEP US SWEEPING FEIN: 01-0703241 27-3966072 Corporation Address (State): 2755 N Vista Pkway,West Palm Beach 20533 Biscayne Blvd,Aventura Are Submittal Forms Complete? Yes Yes, Conviction Disclosure(Yes/No) No No Addenda Acknowledged(Yes/No): Yes Yes Vendor Contact(for this bid) Thais Correa Iris Bakar Vendor Contact Phone Number 561616.6363 305345.5891 Vendor Contact Email servicewpb@facilitie5pro-sweep.com infa@usswee-pinginc.com ITEM DESCRIPTION MILES RATE PRICE RATE PRICE A. GROUP A-MAJOR STREETS i PGA Boulevard 5.70 $23.75 $135,38 $26A9 $150-99 ii Military Trail 2-70 $23.75 $64,13 $26,49 $71.52 N lAlternate AIA 4.57 $23.75 $108.54 $26.49 $121.06 IV Central Boulevard 129 $23.75 $78.14 $26.49 $87.15 V Jog Road 4.94 $23.75 $11733 $26.49 $130.86 vi Military Trail 3.00 $23.75 $71.25 $26.49 $79.47 vii Northlake Boulevard 432 $23.75 $102,60 $26.49 $114.44 viii Prosperity Farms Road 130 $23.75 $3038 $26.49 $34,44 ix RCA Boulevard 1.56 $23.75 $37.05 $26.49 $41.32 x Hood Road 4,78 $23.75 $11153 $26A9 $126.62 xi Donald Ross Road 1,.78 $23.75 $42.29 $26,49 $47.15 TOTAL-GROUP Al $901.08 $1,005.03 a. GROUP B-MINOR STREETS I Sunset Drive 0.50 $23.75 $11.88 $26.49 $13.25 ii Holly Drive 0.89 $23.75 $21.14 $26A9 $23.58 iii jHolly Drive 039 $2175 $9.26 $26.49 $10.33 iv Burns Road 103 $23.75 $48,21 $26.49 $53.77 V Kyoto Gardens Avenue 0,42 $2335 $%98 $26.49 $1113 vi Fairchild Avenue 1.08 $23,75 $25,65 $26.49 $28.61 vii MacArthur Boulevard 0.66 $23.75 $15.68 $26.49 $17.48 viii Gardens East Drive 0,76 $23.75 $18.05 $26.49 $20.13 ix Gardens Parkway 1.55 $23.75 $36.81 $26.49 $41.06 x Kew gardens Avenue 0.32 $23.75 $7.60 $26.49 $&43 xi Minsk Gardens 0x22 $2175 $5,23 $26.49 $5,83 xii Fairchild Avenue 0,37 $23-75 $839 $26-49 $9-80 xill Lake Victoria Gardens 030 $23.75 $7.13 $26A9 $735 xiv Valencia Gardens Avenue 1,43 $23.75 $33.96 $26.49 $:3 7.8=8 Page 182 of 949 ITB No.: IT62016-065PS Bid Title: Streets Sweeping Services Bid Opening Date:Friday,July 5, 2016 @ 3:00 P.M. PALm BEACii GARDENS Prepared by. 41!JZ4 A odydqne plucc,,to five.learn.as &pla). VENDOR NAME- FACILITIES PRO-SWCEP US SWEEPING FEIN: 01-0703241 27-3966072 XV Riverside Drive 0.23 $2175 $SAIS $26.49 $6,09 xv! Northcorp Parkway 030 $23.75 $7.13 $26.49 $7,95 xv!i Allamanda Drive 0,14 $23.75 $333 $26.49 $3,71 xviii Allamanda Drive 0,22 $23,75 $5,23 $26-49 $5,83 TOTAL-GROUP B: $280.49 $312.85 C. GROUP C' PARKS AND PARKING LOTS i Lilac Park N/A - 25.00 ii Palm Beach Gardens Park N/A $35.00 JIM $250.00 N Mirasol Park N/A $35,00 $175.00 iv PBG Tennis Center N/A $35-00 $150,00 v City Park N/A $35,00 $125.00 vi Oaks Park N/A $25.00 $125.00 vii Lakeside Complex N/A $25.00 $175.00 viii Burns Road Recreation Center N/A $75,00 $175.00 ix Lake Catherine Sports Complex N/A $35-00 $175.40 X Roller Hockey Park N/A $25.00 $150.00 Xj Plant Drive N/A $25.00 $150.00 xii Riverside Youth Enrichment Center N/A $25,00 $125.00 Xiii City Hall and Police Department N/A $100,00 $250.00 xiv Gardens Park N/A $75,00 $300,00 XV I Sandhill Crane Golf Club N/A $75.00 $250.00 TOTAL-GROUP C'. 1 $650.00 $2,725,00 NOTE: This bid tabulation is an indication of prices only and not a determination of the responsive,responsible bidders. Page 183 of 949 A1!10 PALM RFACH a AR9)V. tis 9 arrra ue paa cr to love r& ,wk&phv" CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No, 3 BATE. July 7,2016 TO: All Potential Bidders SOLICITATION NO.; ITB2016-065PS TITLE; Streets Sweeping Services OPENING LATE. Friday,July 15,2016 @ 3 OOPM This Addendum is and dues become a part of the above-mentioned Solicitation. The following questions were received from a potential Bidder and the responses are provided as shown. Question 1 On the park reaps, it has a legend that reads "Photo Location and Direction" what is this in reference to? I have attached a copy of this. Response. ,site 4 for the Riverside Youth Enrichment Center legend(3) displays photo and Direction to reference .street location to identify property and (5) outlines the property to be maintained. Question 2- Major and Minor streets are to be swept twice per month? Response,: Yes, major and minor streets frequency are twice per month„ Question 3a If awarded bidder decides at any point in, time to withdraw from contract, what is the procedure? Response: The City usually requires at least 0-days written notice in advance. The termination clause will be further defined in the Agreement to be signed between the City and the Awaarded Ridder.. All other terms, covenants,and conditions of the subject solicitation and any addenda issued thereto shall' apply, except to the extent herein amended. mow! a, CPPO, CPPB, CPSM, C.P.M., CAP-[JM,CPCP, FC+CM Purchasing and Contracts Director Attachment: Pre-Bid Conference Sign-In Sheet Page 184 of 949 A1!10 PALM RFACH GAR9)V. tis 9 arrra ue pla cr to love r& ,wk&phv" CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No, 2 BATE. July 5,2016 TO: All Potential Bidders SOLICITATION NO.; ITB2016-065PS TITLE; Streets Sweeping Services OPENINGDATE: Friday,July 15,2016 @ 3 00PIVI This Addendum is and dues become a part of the above-mentioned Solicitation. Subsequent to the Pre-Biel Conference of July 5, 2016, attached is the Pre-Bid Conference Sign-in 'Sheet, provided for informational purposes only. All other teras, covenants and conditions of the subject solicitation .and any addenda issued thereto shall apply, except to the extent herein amender{. •# PA, CPPD, CPPB, CPSM, C.P.M., CAP-OM,CPCP, FCCM Purchasing,and Contracts Director Attachment; Pre Bid Conference Sign-In Sheet Page 185 of 949 i I f s s L CLLLIrn W � �— u,LLJ LU uj ao s a� x g Z , ca t5 Ln LD E LUL Ike i NLL I a f " a m A1!10 PALM RFACH GAR9)V. tis 9 arrra ue pla cr to love r& ,wk&phv" CITY OF PALM BEACH GARDENS PURCHASING DEPARTMENT SOLICITATION ADDENDUM Addendum No, 1 LATE: June 29,20161 TO: All Potential Bidders SOLICITATION NO.; ITB2016-065PS TITLE; Streets Sweeping Services OPENING TATE. Friday,July 15,2016 @ 3 00PM This Addendum is and dues become a part of the above-mentioned Solicitation. The following questions were received from a potential Bidder and the responses are provided as shown. Question 1 When was the last time the street's and parking lots [were] swept? Response: The City has been performing this service with in-house staff for several years. The streets and parking lots are regularly swept and kept clean. Question 2: What was the previous awarded contract price, and was it the same number of miles and parking lots as this bid? Response: There is no previous contract. The City has been performing the work with in-house staff and its awn equipment. All other terms, covenants and conditions of the subject solicitation and any addenda issued thereto shall apply, except to the extent herein amended* lam! P,4, CPPO, CPPB, CPSM, C.P.M., CAP-OM,CPCP, FCCM Purchasing and Contracts Director Page 187 of 949 PALM B EACH GARDENS A uniqueplact,rn lana.fearn,i imi&pd n." City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, FL 33410 PUBLIC NOTICE - PRL-BID CONFERENCE Date: June 27, 2016 Solicitation No.: ITB2016-065PS Title- Streets Sweeping Services The City of Palm Beach. Gardens gives public notice that a Pre-Bid Conference for the above- referenced Invitation to Bid will be held as follows: Tuesday,July 5, 2016 I:00A 11 City Hall Council Chambers 10500 N Military Trail Palm Beach Gardens, FL.33410 As required by Florida Statutes,a recording of the meeting will be created and mode available to anyone requesting a copy through the Office of the City Clerk, Per: K,,,,! , CPPD, CPPB, CPSM,,C.P.M., CAP-OM,CPCP, FCCM Purchasing and Contracts Director e: Patty 'Snider,CMC City Clerk Page 188 of 949 44p� , 10 "A atr¢sque p hire to five,learn,wwtrA chi ppbi The City of Palm Beach Gardens 10500 North Military Trail Palm each Gardens,FL 33410 PURCHASING DEPARTMENT INVITATION TO BID ITB NO.; ITB2016-065PS TITLE:STREETS SWEEPING SERVICES DUE DATE ANIS TIME: FRIDAY,JULY 15, 2016 @ 3:OOPM INSTRUCTIONS Sealed Bids must be received can or before the due date and time(local time)at the office of the Cita Clerk, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m.., Monday through Friday, except holidays. All Bids will be publicly opened and read aloud at City Hall. Each Bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the Bidder's name, return address,ITIS number,due date for Bids, and the title of the Bid. Included in the envelope shall be a signed original of the Solicitation Summary and one(1)electronic version of your Bid on CI]or a thumb drive in a usable PDF format. If the Solicitation Summary is not included in the envelope as a hard copy, the City may deem your Bid non-responsive, A hard-copy of your Bid is not rewired. Bids must contain all information required to be included in the submittal, as described in,this Solicitation, BROADCAST The City of Palm Beach Gardens utilizes electronic online services for notification and distribution of its Solicitation documents. The City's Solicitation information can be obtained from: a) Public Purchase - pleases contact public Purchase at support pubhcpurchase.com; www,pusblicpurchase.com; or call 801932-7000 for additional information on registration; b) DemandStar - Please contact DernandStar at www.demandstar.com or by calling them at 1-800-711-1712; c) The City's Vendors List The City emads all advertised Solicitations to vendors which have joined the City's Vendors List. To join the City's Vendor List, please visit the City's Purchasing webpage at www.pbgfl.com purchasing and click on the"Join Vendors List" link. Bidders who obtain Solicitations from sources other than those named above are: cautioned that the Invitation to Bid' package may be incomplete. The City will not evaluate incomplete laid packages.Demand5tar and Public Purchase are independent entities and are not agents or representatives of the City, Communications to these entitles do not constitute communications to the City. The City is not responsible for errors and omissions occurring in the transmission or downloading of any documents, addenda, plans, or specifications from these websites, In the event of any discrepancy between information on these websites and the hard copy Solicitation documents,the terms and conditions of the hardcopy documents will prevail. CONTACT PERSON Any questions regarding the specifications and Solicitation process must be submitted in writing to the Purchasing Department for the Purchasing and Contracts Director at kmra@pbgfl.com. To allow enough time for the City to respond, requests for clarification and additional information should be received, at least forty-eight (48) hours before the Due Date for Bids, Page 11 Page 189 of 949 City of palm Beach Gardens ETB20 6-U65RS,Streets Sweeping Services � F The city of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens,FL 33410 LEGAL ADVERTISEMENT INVITATION TO BICC NO.IT62016-065P5 STREETS SWEEPING SERVICES The City of Palm Beach Gardens is seeking Bids from qualified firms to provide street sweeping services. for various City facilities,parking lots,and communities, in accordance with the terms.,conditions,and specifications contained in this Invitation to Bid. Invitation to Bid documents are available beginning, Monday,June 27, 2416,at 8:00 a.m. local time on the City of Palm Beach hardens website at www.pbgfl.com and following the link to the Purchasing ebpage,or by contacting the City Clerk's Office at(561)799-4121. Sealed Bid packages must be clearly marked"ITB2416 065PS,Streets Sweeping Services" and delivered to the office of the City Clerk. at 10500 North Military Trail, Palm Beach Gardens, Florida 3.6410. The deadline for submission of Bids is Friday, holy 15,2016,at 3:00 p.m. local time. At that time,the Bids will be publicly opened and read aloud at City Hall, 10500 North Military Trail, Palm Beach Gardens, Florida 33410. Late Bids will not be accepted and will be returned to the sender unopened. The City will held a Pre-Bid Conference on Tuesday,July 5,2016,at City Hall,City of Palm Beach Gardens, starting promptly at 10.04 a.m. Attendance is recommended, but not mandatary. It is the responsibility of the Bidder to ensure all pages are included in the submission. All Bidders are advised to closely examine the Solicitation package. Any questions regarding the completeness or substance of the Solicitation package or the goods or services must be submitted in writing via email or fax to Km! Ra,Purchasing and Contracts Director, kmra@pbgfl.com or(561) 799-4134. The City of balm Beach Gardens is exempt from Federal and State Taxes for tangible personal property tax. The City of Palm Beach Gardens reserves the right to accept or reject any or all Bid submittals, in whole or in hart, with or without cause, to waive any irregularities and/or technicalities, and to award the contract on such coverage and terms it deems will best serve the interests of the City. CITY OF PALM BEACH GARDENS Patricia Snider, CMC, City Clerk Publish: Palm Beach Post Sunday,June 26, 2016 Page 2 Page 190 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services TABLE OF CONTENTS SECTION PAGE 1. General Terms and Conditions 4 2. Special Terms and Conditions 12 3. Technical Specifications, Statement of Work, or Scope of Services 19 BID SUBMITTAL 4. Pricing Schedule 25 5. Acknowledgement of Addenda 28 6. Signature Page 29 7. Affidavits, Performance and Payment Bonds Format, Letter of Credit Format 30 8. Sample Agreement Format 41 9. Exhibits (if applicable) 44 SOLICITATION SUMMARY 10. (MUST BE INCLUDED AS A HARD-COPY IN THE BID PACKAGE) 45 Page 13 Page 191 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services SECTION 1 GENERAL TERMS AND CONDITIONS 1.1 DEFINITIONS made in the Solicitation document or in the addenda issued. 0. Bid:any offerlsl submitted in response to an Invitation to,Bid Where there appears to be a conflict between the Solicitation and any addenda,the last addendum issued shall prevail. Itis b. Bidder: person or firm submitting a Bid in response to an the vendor's responsibility to ensure receipt of all addenda, Invitation to Bid. and any accompanying documentation. The vendor is required to submit with its Bid or Bid a signed C. Bid Solicitation or Invitation to Sid: this Solicitation "Acknowledgment of Addendo"form, when any addenda documentation,including any and all addenda. have been issued. d, Bid Submittal Form: describes the goods or services to be 1.4 LEGAL REQUIREMENTS purchased, and must be completed and submitted with the This Solicitation is subject to all legal requirements contained Bid. in the applicable City Ordinances and Resolutions, as well as all applicable City,State,and Federal Statutes. Where conflict e. City:shall refer to the City of Palm Beach Gardens,Florida. exists between this Bid Solicitation and these legal requirements, the authority shall prevail in the following f. Contract or Agreement: the Invitation to Rid, all addenda order,Federal,State,and local. issued thereto, all affidavits, the signed agreement, and all related documents which comprise the totality of the contract 1.5 CHANGE OF BID or agreement between the City and the Bidder. Prior to the scheduled Bid opening a Bidder may change its Bid by submitting a new Bid(as indicated on the cover page)with g, Contractor., successful Bidder or Bidder who is awarded a a letter on the firm's letterhead, signed by an authorized contract to provide goods or services to the City, agent stating that the new submittal replaces the original submittal. The new submittal shall contain the letter and all h. Invitation to Bid: formal request for Bids from qualified information as required for submitting the original Bid. No Bidders. changes to a Bid will be accepted after the Bid has been opened. i. Purchasing Department: the Purchasing Department of the City of Palm Beach Gardens, Florida- 1-5 WITHDRAWAL OF BID A Bid shall be irrevocable unless the Bid is withdrawn as j, Responsible Bidder,-ca Bidder which has the capability in all provided herein. Only a written letter received by the respects to perform in fall the contract requirements, as Purchasing Deportment prior to the Bid opening date may stated in the Invitation to Rid,and the integrity and reliability withdraw a Bid. A Bid may also be withdrawn ninety(90)days that will assure good-faith performance. after the Bid has been opened and prior to award, by submitting a letter to the Purchasing and Contracts Director. k, Responsive Bidder: a Bidder whose Sid conforms in all The withdrawal letter must be or company letterhead and material respects to the terms and conditions included in the signed by an authorized agent of the Bidder. Invitation to Bid. 1.7 CONFLICTS WITHIN THE BID SOLICITATION 1.2 CONE OF SILENCE Where there, appears to be a conflict between the General Pursuant to Section 2-355 of Palm Beach County Ordinance Terms and Conditions, Special Conditions, the Technical No.2011-039, and the purchasing policies of the City of Palm Specifications, the Bid Submittal Form, or any addendum Beach Gardens,oil Solicitations, once advertised and until the issued, the order of precedence shall be:the last addendum appropriate authority has approved on award issued, the Bid Submittal Form, the Technical Specifications, recommendation,are under the"Cone of Silence". This limits the Special Conditions, and then the General Terms and and requires documentation of communications between Conditions. potential Bidders rand/or Bidders on City Solicitations, the City's professional staff, and the City Council members. 1.8 PROMPT PAYMENT TERMS it is the policy of the City of Palin Beach Gardens that payment 1.3 ADDENDUM for all purchases by City departments shall be made in a timely The Purchasing Department may issue on addendum in manner. The City will pay the awarded Bidder upon receipt response to any inquiry received, prior to the close of the and acceptance of the goods or services by a duly outhori2ed Solidtation period,which changes,adds,orclarifies the terms, representative of the City. In accordance with Section 218.74, provisions, or requirements of the Solicitation. The Bidder Florida Statutes,the time at which payment shall be due from should not rely on any representation, statement, or the City shall be forty-five(45)days from receipt of a proper explanation, whether written or verbal, other than those invoice. The time at which payment shall be due to small Page 1 4 Page 192 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services businesses shall be thirty (30) days from receipt of a proper as deemed in its best interest. The City shall be the sole invoice. Proceedings to resolve disputes for payment of judge of its best interest, obligations shall he concluded by final written decision of the City Manager or designee,not later than sixty(60)days after b. The City reserves the right to reject any and all Bids if it is the date on which the proper invoice was received by the City. determined that prices are excessive, best offers are determined to be unreasonable, or it is otherwise 1.9 DISCOUNTS(PROMPT PAYMENTS) determined to be in the City's best interest to do so. The Bidder may offer cash discounts for prompt payments; however,such discounts will not be considered in determining E The City reserves the right to negotiate prices with the the lowest price during Bid evaluation. Bidders are requested responsive and responsible low Bidder, provided that to provide prompt payment terms in the -space provided on the scope of work of this Solicitation remains the 50ole, the Bid submittal signature page of the Solicitation. d. The Bidder's performance as a prime contractor or 1.10 PREPARATION OF BIDS subcontractor an previous City contracts shall be taken 0. The Bid forms define requirements of items to be into account in evaluating the Bid received for this Bid purchased,and must be completed and submitted with Solicitation. the BidUse of any other forms will result in the rejection of the Bidders offer. The Bid submittal forms must be e. The City will provide c7 copy of the Bid Tabulation to all legible. Bidders shall use typewriter,computer,orink. All Bidders responding to this Solicitation. changes must be crossed out and initiated in ink.Failure to comply with these requirements may cause the Bid to f The Bid Solicitation, any addenda and/or property be rejected, executed modifications, the signed Agreement, the purchase order,and any change order(s)shall constitute b. An authorized agent of the Bidder's firm must sign the the contract. Bid submittal form. Failure tea sign the Sigrnotuteftge of the Bid shall tender the Bid non-responsive. g. The Purchasing and Contracts Director will decide all tie Bids. c. The Bidder may be considered non-responsive if Bids are conditioned upon modifications, changes, or revisions to h. Award of this 81d may be predicated on compliance with the terms and conditions of this Solicitation. and submittal of all required documents as stipulated in the Bid Solicitation. d. The Bidder may submit alternate Bid(s) far the some Solicitation provided that such offer is allowable under i. The City reserves the right to request and evaluate the terms and conditions. The alternate Bid must meet additional information from any Bidder after the or exceed the minimum requirements and be submitted submission deadline as the City deems necessary. as a separate Bid submittal marked"Alternate Bid'. 1.13 CONTRACT EXTENSION e. When there is a discrepancy between the unit prices and The City reserves the right to automatically extend any any extended prices, the unit prices will prevail, agreement for a maximum period not to exceed ninety (90) calendar days in order to provide City departments with f, Late Bids will not be accepted and will be returned to the continual service and supplies while a new agreement is:being sender unopened, It is the Bidder's responsibility to solicited,evaluated,orad/or awarded. ensure timely delivery by the due dote and time, and at the place stated in this Solicitation. No exceptions will be 1.14 WARRANTY mode due to weather, carrier, troffic, illness, or other All warranties express and implied shall be made available to issues. the City for goods and services covered by this Bid Solicitation. All goods furnished shall be fully guaranteed by the awarded I'll CANCELLATION OF 810 SOLICITATION Bidder against factory defects and workmanship. At no The City of Palm Beach Gardens reserves the right to cancel, expense to the City,the awarded Bidder shall correct any and in whole or in part, any Invitation to Bid when it is in the best all apparent and latent defects that may occur within the interest of the City. manufacturers standard warranty, 1.12 AWARD OF 1 15 ESTIMATED QUANTITIES 0, The contract may be awarded to the responsive and Estimated quantities or dollars are for Bidders guidance only; responsible Bidder meeting all requirements asset forth (a)estimates are based on the Citys anticipated needs and/or in the Solicitation.The City reserves the right to reject any usage;and(b)the City may use these estimates to determine and all Bids, to waive irregularities or technicalities, and the low Bidder. No guarantee is expressed or implied as to to re-odverti5e for all or any part of this Bid Solicitation quantities or dollars that will be used during the contract Page 5 Page 193 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services period. The City is not obligated to place any order,for the requiredherein. Damages,penalties,andlorfines imposed on given amount subsequent to the a word of this Bid Solicitation. the City or on awarded Bidder for failure to obtain and maintain required licenses, certifications, permits, and/or 1,16 NON-EXCLUSIVITY inspections shall be borne by the awarded Bidder. It is the intent of the City to enter into an agreement with the awarded Bidder that Will satisfy its needs o5 described herein. 1.21 SUBCONTRACTING However, the City reserves the right as deemed in its best Unless otherwise specified in this Bid Solicitation, the interest to perform, or cause to be performed, the work and successful Bidder shall not subcontract any portion of the services, or any portion thereof, herein described in any work without the prior written consent of the City. The ability manner it sees fit including but not limited to,award of other to subcontract may be further limited by the Special contracts,use of any contractor,or perform the work with its Conditions, Subcontracting without the prior consent of the own employees. City may result in termination of the contract for default. 1.17 CONTINUATION OF WORK 1.22 ASSIGNMENT Any work that commences prior to and wild extend beyond the The awarded Biddersholl not assign,transfer,hypothecate,or expiration date of the current contract period shall, unless otherwise dispose of this contract,including any rights, title, terminated by mutual written agreement between the City or interest therein, or its power to execute such contract to and the successful Bidder, continue until completion at the any person,company,or corporation without the prior written same prices, terms,and conditions. consent of the City. A5signment without the prior consent of the City may result in termination of the contract for default. 1.18 BID PROTEST A recommendation for contract award or rejection of award 1.23 SHIPPING TERMS may be protested by a Bidder. The Bidder mayfile a written Unless otherwise specified in the Bid Solicitation, prices protest with the City Clerk's office. The Bidder shall file its quoted shall be F.0.B. Destination. Freight shall be included written protest with the City Clerk, Monday through Friday, in the proposed price. between the hours o18:00 o.m.and S:00 p.m.,excluding legal holidays. Protests shall contain the noise,address,and phone 1.24 RFSPONSIR)L)TIES AS EMPLOYER number of the petitioner, name of the petitioner's The employee(s)of the awarded Bidder shall be considered to representative ff any), and the title and Sid number of the be at all times its employee(s), and not an employee(s) or Solicitation. The protest shall specifically describe the subject agent(s)of the City or any of its departments. The awarded matter, facts giving rise to the protest, and the action Bidder shall provide physically competent emptoyee(s) requested from the City. capable of performing the work as required. The City may require the awarded Bidder to remove any employee it deems The written protest must be received no later than seventy- unacceptable. All employees of the awarded Bidder shall two (72) consecutive hours (excluding Saturdays, Sundays, wear proper identification. and legal holidays)after the time of award posting. Failure to file a timely formal written protest within the time period It is the awarded Bidder's responsibility to ensure that all its specified shall constitute a waiver by the Bidder of all rights of employees and subcontractors comply with the employment protest, regulations required by the US Department of Homeland Security. The City shall have no responsibility to check or verify In the event of a timely protest, the City will not proceed the legal immigration StOW5 of any employee of the awarded further with award of the contract and agreement until all Bidder. administrative remedies are exhausted, or until the City Manager determines the award of the contract is immediately 1.25 INDEMNIFICATION necessary to protect the public health, welfare, or sofety- The awarded Bidder shall indemnify and hold harmless the City and its officers,employees,agents,and instrumentalities L19 LAWS AND REGULATIONS from any and oil liability, losses or damages, including The awarded Bidder shall comply with all laws and regulations attorneys fees and costs of defense, which the City or its applicable to provide the goods or services specified in this Bid officers,employees,agents,or instrumentalities may incur as Solicitation. The Bidder shall befamiliar with allfederal,state, a result of claims, demands, suits, causes of action5, or and local laws that may affect the goods and/or services proceedings of any kind or nature arising out of, relating to, offered, or resulting from the performance of the agreement by the awarded Bidder or its employees, agents, servants, partners, 1,20 LICENSES,PERMITS AND FEES principals, or subcontractors. The awarded Bidder shall pay The awarded Bidder(5) shall hold all licenses and/or all claims and losses in connection therewith, and shot) certifications, obtain and pay for all permits and/or investigate and defend all claims,suits,or actions of any kind inspections,and comply with all laws,ordinances,regulations, or nature in the name of the City, where applicable, including and building code requirements applicable to the work appellate procreding5,and-shall pay all costs,judgments,and Page 6 Page 194 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services attarney'sfees which may be incurred thereon. The awarded such failure or default and by specifying a reasonable time Bidder expressly understands and agrees that any insurance period within which the awarded Bidder must cure any such protection required by this contract agreement or otherwise failure to perform or default The awarded Bidders'failure to provided by the awarded Bidder shall in no way limit the timely cure any default shall serve to automatically terminate responsibility to indemnify, keep and save harmless, and any contract entered into pursuant to thisi IT6. TheCityfurther defend the City or its officers, employees, agents, and reserves the right to suspend or debar the awarded Bidder in instrumentalities as herein provided. accordance with the appropriate City ordinances,resolutions, andlor policies. The vendor will be notified by letter of the 1,26 COLLUSION City's intent to terminate. In the event of termination for A Bidder recommended for award as the result of a default, the City may procure the required goods andlor competitive Solicitation for any City purchases of supplies, services from any source and use any method deemed in its materials, and services(including profiessionalserWces, other best Interest. All re-procurement costs shall he borne by the than professional architectural, engineering, and other incumbent Bidder, services subject to Sec. 287.055 Florida Stats.), purchase, lease, permit, concession, or management agreement shall, 130 FRAUD AND MISREPRESENTATION within five (5) business days of the filing of such Any individual, corporation, or other entity that attempts to recommendation, submit an affidavit under the penalty of meet its contractual obligations with the City through fraud, perjury,on gform provided by the City,stating either that the misrepresentation, or material misstatement, may be contractor is not related to any of the other parties Bidding in debarred for up to five (5) years. The City, as a further the competitive Solicitation or identifying all related parties, sanction, may terminate or cancel any other contracts with as defined in this Section, which Bid in the Solicitation, and such individual, corporation, or entity. Such individual or attesting that the contractors Bid 15 genuine and not a sham entity shall be responsible for all direct or indirect costs or collusive or made in the interest or on behalf of any person associated with termination or concellotion, including not therein named, and that the contractor has not, directly attorneys fees. or indirectly,induced or solicited any other Bidder to put in a sham Bid,or any other person,firm,or corporation to refrain 1.31 ACCESS AND AUDIT OF RECORDS from proposing. and that the Bidder has not in any mariner The City reserves the right to require the awarded Bidder to sought by collusion to-secure to the Bidder an advantage over submit to an audit by an auditor of the City's choosing at the any other Bidder. in the event a recommended Bidder awarded Bidder's expense. The awarded Bidder shall provide identifies related parties in the competitive Solicitation its Bid access to all of its records, which relate directly or indirectly to shall be presumed to be collusive and the recommended this Agreement, at Its place of business during regular Bidder shall be Ineligible for award unless that presumption is business hours. The awarded Bidder shall retain all records rebutted to the satisfaction of the City. Any person or entity pertaining to this Agreement,and upon request, make them that fails to,submit the required affidavit shall be ineligible for available to the City for three(3)years following expiration of contract award. the Agreement. The awarded Bidder agrees to provide such assistance as may be necessary to facilitate the review or 1,27 MODIFICATION OF CONTRACT audit by the City to ensure compliance with applicable The contract may be modified by mutual consent, in writing, accounting and firancio)standards. through the Issuance of a modification to the contract, a supplemental agreement,purchase order,or change order,as 1.32 OFFICE OF THE INSPECTOR GENERAL appropriate. Palm Beach County has established the office of the Inspector General,which is authorized and empowered to review past, 1,28 TERMINATION FOR CONVENIENCE present, and proposed County programs, contracts, The City, at its sole discretion, reserves the right to terminate transactions, accounts and records, The Inspector General any contract entered into pursuant to this Invitation to Bid (IG) has the power to subpoena witnesses,administer oaths, 0778) with or without cause immediately upon providing require the production of records, and monitor existing written notice to the awarded Bidder. Upon receipt of such projects and programs. The Inspector General may, on a notice,the awarded Bidder-shall not incur any additional costs random basis,perform audits on all City contracts. under the contract, The City shall be liable only for reasonable costs incurred by the awarded Bidder prior to the date of the 1.33 PREAWARD INSPECTION notice of termination- The City shall be the sole judge of The City may conduct a pre-award inspection of the Bidder's "reasonable costs, site or hold a pre-award qualification hearing,to determine if the Bidder is capable of performing the requirements of this 1,29 TERMINATION FOR DEFAULT Bid5oficitation. The City reserves the right to terminate this contract,in part or in whole, or place the vendor on probation in the event the 1.34 PROPRIETARY ANDIOR CONFIDENTIAL INFORMATION awarded Bidder fails to perform in accordance with the terms Bidders are hereby notified that all information submitted as and conditions stated herein by providing written notice of part of, or in support of Bid submittals will be available for Page 7 Page 195 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services public inspection after,the opening of Bids in compliance with PHI shall maintain its protected status regardless of the form Chapter 119 of the Florida Statutes, popularly known as the and method of transmission(paper records andlor electronic "Public Record Low." The Bidder shall not submit any transfer of data), The Bidder must give its customers written information in response to this Solicitation which the Bidder notice of its privacy information practices, including considers to be a trade secret, proprietary, or specifically,a description of the types Of Uses and disclosures confidential, The submission of any information to the City in that would be made with protected health information, connection with this Solicitation shall be deemed conclusively to be a waiver of any trade secret or other protection which 1.36 ADDITIONAL FEES AND SURCHARGES would otherwise be available to the Bidder. In the event that Unless provided for in the contractlogreement, the City will the Bidder submits information to the City in violation of this not make any additional payments such as fuel surcharges, restriction, either inadvertently or intentionally, and clearly demurrage fees,or delay-in-delivery charges. identifies that information in the Bid as protected or confidential, the City may, in its sole discretion, either (a) 1.37 COMPLIANCE WITH FEDERAL STANDARDS communicate with the Bidder in writing in an effort to obtain All items to be purchased under this contract shall be in the Bidder's withdrawal of the confidentiality restriction, or accordance with all governmental standards, to include, but (b) endeavor to redact and return that information to the not be limited to, those issued by the occupational Safety and Bidder as quickly as possible, and if appropriate,evaluate the Health Administration (05HA), the National Institute of balance of the Bid. The redaction or return of information Occupational Safety Hazards(NIOSH), and the National Fire pursuant to this clause may render a Bid non-responsive. Protection As5ociotion(NFPA). 1.35 HEAL TH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT 1,38 COMPLIANCE WITH FEDERAL REGULATIONS DUE To USE OF (HIPAA) FEDERAL FUNDING Any person or entity that performs or assists the City of Palm if the goods or services to be acquired under this Solicitation Beach Gardens with afunction or activity involving the use or are to be purchased,in part or in whole,with Federal funding, disclosure of "Individuofly identifiable health information it is hereby agreed and understood that Section 60-2.50.4, (IIHI)and/or Protected Health Information(PHI)shall comply Section 60-2SO.5, and Section 60-741.4 of Title 41 of the with the Health Insurance Portability and Accountability Act United States Code, which addresses Affirmative Action (HIPAA)of 1996. HIPAA mandates for privacy,security, and requirements for disabled workers, is Incorporated into this electronic transfer standards include,but are not limited to: Solicitation and resultant contract by reference. 0. Use of information only for performing services required 1.39 BINDING EFFECT by the contract or as required by law, All of the terms and provisions of this contractlagreement, whether so expressed or not,shall be binding upon, inure to b. Use of appropriate safeguards to prevent warn permitted the benefit of and be enforceable by the parties and their disclosures; respective legal representatives, successors, and permitted assigns. c. Reporting to the City of Palm Beach Gardens any non- permitted use or disclosure; 1.40 SEVERABILITY The City's obligation pursuant to any contract or agreement d. Assurances that any agents and subcontractors agree to entered into in accordance with this Solicitation is specifically the some restrictions and conditions that apply to the contingent upon the lawful appropriation of funds, Failure to Bidder and reasonable assurances that IIHIIPHI will be lawfully appropriate funds for any contract or agreement held confidential; awarded shall result in automatic termination of the contract or agreement, A non-appropriation event shall not constitute e- Making Protected Health Information (PHI)available to a default or breach of said contract or agreement by the City- the customer, 141 GOVERNING LAW AND VENUE f. Making PHI available to the customer for review and This contract and all transactions contemplated by this amendment, and incorporating any amendments agreement shall be governed by and construed and enforced requested by the customer; in accordance with the laws of the State of Florida without regard to any contrary conflicts of low principle.. Venue of all 9, Making PHI available to the City of Palm Beach Gardens proceedings in connection herewith shall lie exclusively in for an accounting of disclosures;and Palm Beach County, Florida, and each party hereby waives whatever its respective rights may have been in the selection h, Making internal practices,book-5, and records related to of venue. PHI available to the City of Palm Beach Gardens for compliance audits. Page 8 Page 196 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services 142 A TTORNEYS FEES based on the Davis-Bacon Act,and the provisions of any other It is hereby understood and agreed that in the event any wages laws, as may be applicable to this Contract. lawsuit in the judicial system,federal or state, is brought to enforce compliance with this contract or interpret some, or if 1,49 PACKING SLIP AND DELIVERY TICKET any administrative proceeding is brought for the same A packing slip and/or delivery ticket shall accompany of/items purposes,each party shall pay their own attorney's fees and during delivery to the City. The documents shall include costs,including appellate fees and costs. information on the contract number or purchase order, any back order items, and the number or quantity of items being 1,43 EQUAL OPPORTUNITY AND ANTI-DISCRIMINA TION delivered. The City of Palm Beach Gardens complies with all laws prohibiting discrimination on the basis of age, race, gender, 1.49 PURCHASE OF OTHER ITEMS religion,creed,political affiliation,sexual orientation,physical Thea City reserves the right to purchase other related goods or or mental disability, color or national origin, and therefore is services, not listed in the Solicitation, during the contract committed to assuring equal opportunity in the award of term. When such requirements are identified, the City may con troc ts and encourayes smolt,loco 1, minority, and female= request price quote(s)from the awarded Bidder(s) on the owned businesses to participate. contract. The City., at its sole discretion, will determine if the prices offered are reasonable, and may choose to purchase During the performance of this contract, the awarded Bidder the goods or services from the awarded Bidder, another agrees it will not discriminate or permit discrimination in its contract vendor,or a non-contract vendor. hiring practices or in its performance of the contract. The awarded Bidder shall strictly adhere to the equal employment 1,50 PUBLIC RECORDS opportunity requirements and any applicable requirements Florida low provides that municipal records shall at oil times establishedby the5tote of Florida,Palm Beach County and the be available to the public for inspection. Chapter 119, Florida federal government Statutes, the Public Records Law, requires that all material The awarded Bidder further acknowledges and agrees to submitted in connection with a Bid response shall he deemed provide the City with all information and documentation that to be public record subject to public inspection upon award, may be requested by the City from time to time regarding the recommendation for award or thirty (30) days after Bid Solicitation, selection, treatment and payment of opening, whichever occurs first. Certain exemptions to public subcontractors,suppliers,and vendors in connection with this disclosure are statutorily provided for in Section 119.04 contract. Florida Statutes. If the Bidder believes any of the information contained in his/herlits Bid is considered confidential andlor 1.44 AVAILABILITY OF CONTRACT TO OTHER CITY DEPARTMENTS proprietary, inclusive of trade secrets as defined in Section It is agreed and understood that any City department or 812.081, Florido Statutes, and is exempt from the Public agency may access this contract and purchase the goods or Records Low,then the Bidder,must in its response,specifically services awarded herein. Each City department will issue a identify the material which is deemed to be exempt and state separate purchase order to the awarded Bidder for the the legal authority for the exemption. All materials that deportment's specific purchases, qualify for exemption from Chapter 119, Florida Statutes or other applicable tow must be submitted in a separate 1.45 CRIMINAL HISTORY BACKGROUND CHECKS envelope, clearly identified as "EXEMPT FROM PUBLIC Prior to hiring a contract employee or contracting with a DISCLOSURE"with the firm's name and the Bidnumber clearly Bidder, the City may conduct a comprehensive criminal marked on the outside. The City will not accept Bids when the background check by accessing any federal,State,or locullow entire Bid is labeled as exempt from? disclosure. The City's enforcement database available. The contract employee or determination of whether an exemption applies shall be final, Bidder will be required to sign an authorization for the City to and the Bidder agrees to defend, indemnify, and hold access criminal background information- The costs for the harmless the City and the City's officers, employees, and background checks shall be borne by the City. agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public 1.46 LABOR, MATERIALS,AND EQUIPMENT records. Unless specified elsewhere in the Solicitation or resultant contract, all labor, materials,and equipment required far the The awarded Bidderls)shall keep and maintain public records performance of the requirements of the Contract shall be and fully comply with the requirements set forth at Section supplied by the awarded Bidder. 119.0701,Florida Statues,as applicable,failure to do so shall constitute a material breach of any and all agreements 1.47 MINIMUM WAGE REQUIREMENTS awarded pursuant to this Solicitation. The awarded Bidder shall comply with at/minimum wage and living wage requirements,such as Living Wage requirements, 1..51 CONFLICTS OF INTEREST minimum wages based on Federal Law, minimum wages All Bidders must disclose with their Bid the name of any officer,director, or agent who is also on employee of the City Page 9 Page 197 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services of Palm Beach Gardens. Further,all Bidders must disclose the (3)calendar days after,the City notifies the awarded Bidder of name of any City employee who has any interest,financial or such deficiency in writing. If the awarded Bidder fails to otherwise, direct or indirect, of five percent (5%) or more in correct the defect,the City may(a)place the awarded Bidder the Bidders'firm or any of its branches. Failure to disclose any in default of its contract,• and/or(b)procure the products or such affiliation will result in disqualification of the Bidderfrom services from another source and charge the awarded Bidder this Invitation to Bid and may be grounds for further for any additional costs that are incurred by the City fear this disqualification from participating in any future Bids with the work or items, either through a credit memorandum or City, through invoicing. 1,52 PUBLIC ENTITY CRIMES 1.57 ACCIDENT PREVENTION AND BARRICADES As provided in Section 287,133(2) (a), Florida Statutes, a Precautions shall be exercised at all times,for the protection person or qffiliare who has been placed on the convicted of persons and property, All awarded Bidders performing vendors list following a conviction for a public entity crime services or delivering goods under this contract shall conform may not submit a Bid on a contract to provide any goods or to oil relevant OS14A,State,and County regulations during the services to a public entity;may not submit a Bid on a contract course of such effort. Any fines levied by the above-mentioned with a public entity for the construction or repair of a public authorities for failure to comply with these requirements shall building or public work;mgy not submit Bids on leases of real be borne solely by the, awarded Bidder, barricades shall be property to a public entity, may not be awarded or perform provided by the awarded Bidder when work is performed in work as a contractor, supplier, subcontractor, or consultant areas traversed by persons,or when deemednecessary by the under a contract with anypubhc entity. City. 1,53 OTHER GOVERNMENTAL AGENCIES 1.58 OM155IONS IN SPECIFICATIONS If a Bidder is awarded a contract as a result of this ITB, the The specifications and/or statement of work contained within Bidder shall allow other governmental agencies to access this this Solicitation describe the various functions and classes of contract and purchase the goods and services under the terms work requited as necessary for the completion of the project. and conditions at the prices awarded,as applicable. Any ornissions of inherent technical functions or classes of work within the specifications andlor statement of work shot) 134 COMPLETION OF WORK AND DELIVERY not relieve the Bidder from furnishing, Installing, or All work shalt be performed and all deliveries made in performing such work where required to the satisfactory accordance with good commercial practice. The work completion of the project. schedule and completion dates shall be adhered to by the awarded Bidder(s),except in such cases where the completion 1.59 MATERIALS SHALL BE NEW AND WARRANTED AGAINST dote will be delayed due to acts of nature, force majeure, DEFECTS strikes, or other causes beyond the control of the awarded The awarded Bidder hereby acknowledges and agrees that oil Bidder. in these cases, theawarded Bidder shall notify the City materials, except where recycled content is specifically of the delays in advance of the original completion so that a requested,supplied by the awarded Bidder in conjunction with revised delivery schedule can be appropriately considered by this Solicitation and resultant contract shall be new, the City. warranted for their merchantability, and fit for a particular purpose- In the eventany of the materials supplied to the City 1.55 FAILURE TO DELIVER OR COMPLETE WORK by the awarded Bidder are found to be defective or do not Should the awarded Sidder(s)fail to deliver or complete the conform to specifications, (1)the materials may be returned work within the tune stated in the contract,it is herebyagreed to the awarded Bidder at the Bidder's expense and the and understood that the City reserves the authority to cancel contract concelled,, or(2) the City may require the awarded the contract with the awarded Bidder and secure the services Bidder to replace the materials at the Bidder's expense. of another vendor to purchase the items or complete the work. If the City exercises this authority, the City shop be 1.50 TOXIC SUBSTANCES/FEDERAL "RIGHT TO KNOW` responsible for reimbursing the awarded Sidderfor work that REGULATIONS was completed,and items delivered and accepted by the City The Federal "Right to Know"Regulation implemented by the in accordance with the contract specifications, The City may, Occupational Safety and Health Administration (OSHA) at its option, demand payment from the awarded Bidder, requires employers to inform their employees of any toxic through an invoice or credit memo,for any additional costs substances to which they may be exposed in the workplace, over and beyond the original contract price which were and to provide training in safe handling practices and Incurred by the City as a result of having to secure the services emergency procedures. it also requires notification to local of another vendor. fire departments of the location and characteristics of oil toxic substances regularly present in the workplace. 1S6 CORRECTING DEFECTS The awarded Bidder shall be responsible for promptly Accordingly, the awarded Bidder(s) performing under this correcting any deficiency, at no cost to the City, within three contract are required to provide two (2) complete, sets of Pagel 10 Page 198 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services MoterialSofety Data Sheets to each City department utilizing the any awarded products that are subject to these cl. The non-performing party uses its best efforts to remedy regulations. This information should be provided at the time its inability to perform. when the initial delivery is made, or a department-by- department basis. Notwithstanding the above,performance shall not be excused under this section for a period in excess Of two (2) months, L61 TAXES provided that in extenuating circumstances, the City may The City of Palm Beach Gardens is exempt from Federal and excuse performance for a longer term, Economic hardship of State taxes for tangible personal propertythe awarded Bidder shall riot constitute a force majeure. The term of the contract shall be extended by a period equal to 1.62 BIDDERS COSTS that during which either partys performance is suspended The City shall not be liable far any costs incurred by Bidders in under this section, responding to this Invitation to Bid. 1.65 NOTICES 1.63 SUBSTITUTION OF PERSONNEL Notices shall be effective when received at the addresses It is the intention of the City that the awarded Bidder's specified in the contractlagreement. Changes in respective personnel proposedfor the contract shall be available far the addresses to which such notices are to be directed may be initial contract term. In the event the awarded Bidder wi5hes made from time to time by either party by written notice to to substitute personnel, the awarded Bidder shall propose the other party. Facsimile and email transmissions are personnel of equal or higher qualifications, and all acceptable notice effective when received;however,facsimile replacement personnel ore subject to the City's approval, in and email transmissions received after 5:00 p.m. or on the event the substitute personnel are not satisfactory to the weekends or holidays will be deemed received on the next City,and the matter cannot be resolved to the satisfaction of business day. The original of the notice must also be matted the City, the City reserves the right to cancel the contract for to the receiving party. cause. Nothing contained in this section shall be construed to restrict 1.64 FORCE MAJEURE the transmission of routine communications between The City and the awarded Bidder are excused from the representatives of the successful Proposer and the City of performance of their respective obligations under the contract Palm Beach 6ardens. when and to the extent that their performance is delayed or prevented by any circumstances beyond their control, 1.66 POOL CONTRACTS including fire,flood,explosion,strikes or other labor disputes, During the term of contracts and agreements that are natural disasters, public emergency, war, riot, civil executed as vendor pools, awarding vendors in prequalified commotion, malicious damage, act or omission of any pools of vendors, either as a general pool or by categories, governmental authority, delay or failure or shortage of any sub-categories, or groups, the City reserves the right to add type of transportation, equipment, or service from a public new vendors to these contracts for goods or services not utility needed fear their performance provided that. awardedfor the original Solicitation or as part of the general pool category, sub-category or group. To be eligible to be a, The non-performing party gives the other party prompt added to these pool contracts, a vendor must meet the some written notice describing the particulars of the force eligibility requirements establishedin the original Invitation to majeure, including, but not limited to, the nature of the 6ld occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the 1.67 FISCAL FUNDING OUT period of theforce majeure. The City's obligation pursuant to any contract or agreement entered into in accordance with this Solicitation Is specifically b. The excuse of performance is of no greater scope and of contingent upon the lawful appropriation of funds. Failure to no longer duration than is required by the force majeure• lawfully appropriate funds for any contract or agreement awarded shall result in automatic termination of the contract C, No obligations of either party that arose before the force or agreement, majeure causing the excuse of performance are excused as a result of the force majeu re. Page 11 Page 199 of 949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services SECTION 2 SPECIAL TERMS AND CONDITIONS 2.1 PURPOSE The purpose of this Solicitation is to establish a Contract for the purchase of streets sweeping services for various City streets, facilities, parking lots, and communities, for the City of Palm Reach Gardens, Florida, The City intends to contract with o suitably qualified and experienced Bidder who can provide best-in-industry equipment and 5er/ices in a safe and ou5taimab|e rommnec 2.2 CONTRACT MEASURES AND PREFERENCES Intentionally Omitted 2.3 PRE-BID CONFERENCE The City will hold a Pre-Bid Conference on Tuesday, July 5, 2016,starting promptly at 10�OOAM at City Hall, I0500 M Military Trail, Palm Beach Gardens. Potential Bidders should bring a copy of this Solicitation with them tothe Pre-Bid Conference. Bidders will be allowed to ask questions and obtain information on important aspects ofthis Solicitation. The purpose otthe Pre-Bid Conference imtoprovide and solicit information relative tothe scope, purpose, nature, and extent of the work,and any local conditions,which may affect the work and its performance. Submission of a Bid shall constitute an acknowledgement by the Bidder that it has thoroughly examined and is familiar with the requirements of this Solicitation package. The failure or neglect ofthe Bidder tuexamine the Su|lc|tat|um package, shall in no way relieve the Bidder mfany obligation with respect to its Bid orthe requirements ofthe contract. Noclaim for additional compensation will be allowed which is based on a lack of knowledge of the requirements ofthis Solicitation package orthe, resultant contract. 2.4 TERM C)FCONTRACT: FIVE(5)YEARS The Contract shall commence on the date of the duly executed Agreement, and shall remain in effect for five (5) years, contingent upon the completion and submittal of all required Bid documents. 2.5 OPTIONS TO RENGVV� FIVE (5)ADDITIONAL YEARS The initial Contract Term shall prevail for five (5) years from the contract's initial effective date. Prior to, or upon completion, of that initial term, the City shall have the option to renew this contract for am additional five (5) years, at the City's sole discretion. Continuation of the contract beyond the initial 5-year period, and any option subsequently exercised, is a City prerogative, and not a right mfthe awarded Bidder. This prerogative will be exercised only when such continuation is in the best interest of the City as determined by the City at its Sole discretion. Should the awarded Bidder decline the City's right to exercise the option period, the City may consider the awarded Bidder in default which decision may affect that Bidder's eligibility for future contracts with the City. Page [ 12 Page 200Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services 2.6 METHOD DFAWARD: TOASINGLE LOWEST PRICED BIDDER |NTHE AGGREGATE (PER GROUP) The City will award this contract to the responsive, responsible Bidder which submits an offer on all items listed in the Solicitation and whose offer represents the lowest price when all items, per Group, are added in the aggregate. If a Bidder fails to submit an offeron all items in a Group, its overall offer may berejected. Notwithstanding the above, the City reserves the right to award any Group or combinations of Groups, aoitdeems inits best interests. Aasuch, the City may award only one Group, any two Groups,or all Groups, based on its budgetary constraints or other determination. 2.7 PRICES SHALL 8EFIXED AND FIRM if the Bidder is awarded a Contract under this Solicitation,the prices offered by the Bidder shall remain fixed and firm during the Contract Term, except for any price adjustments that may be allowed elsewhere inthis Contract. 2.8 PRICE ADJUSTMENTS BASED ONGOVERNMENTAL PRICE INDEX Upon completion, of the initial five-year terry) of the Contract term, and no less than ninety(90) days prior to the end of the initial five-year term, the City may consider an adjustment to prices based onthe most recent annual change inthe following pricing index: Consumer Price Index,All Goods and Services, All Items, Miami-Fort Lauderdale Area. |tisthe awarded Bidder's responsibility torequest any pricing adjustment under this provision. For any adjustment tm commence on the first day of the new 6-year year, the awarded Bidder's request for adjustment should be submitted at least ninety (gD) days prior to expiration of the current Contract Term. The adjustment requested shall not be in excess of the relevant pricing index change. if timely adjustment request isnot received from the awarded Bidder, the City may exercise its option to renew the Contract for another five years without any pricing adjustment. Any adjustment request received after the commencement of the new contract term will not be considered. The City reserves the right to negotiate lower pricing for the new/ contract term based on market research information or other factors that influence price. The City reserves the right to apply any reduction in pricing for the new contract term, based on the downward nammernent of the applicable index. The City reserves the right to reject any price adjustments requested by the awarded Bidder. 2.9 EXAMINATION OFCITY FACILITIES OR EQUIPMENT Prior tosubmitting its offer, itisrecommended that the Bidder visit the site o[the proposed work and become familiar with any conditions which may in any manner affect the work to be done or affect the equipment, materials and labor required. The Bidder isalso advised to examine carefully any drawings,specifications,or equipment,and become thoroughly aware regarding any and all conditions and requirements that may in any manner affect the work to be performed under the Contract. No additional allowances will be made because of lack of knowledge of these oond&oms. Page [ 13 Page 201Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services Tocoordinate site Visitation and equipment inspections please contact the City's representative Louis-Johnson,Streets and Stormwater Operations__Manager_at_561.804.7048. 2.10 EQUAL PRODUCTS MAY BECONSIDERED Intentionally Omitted 2.11 FAILURE TOPERFORM WORK: FINANCIAL CONSEQUENCES At the City's sole discretion, the City may apply the following financial consequences to the awarded Bidder for the awarded Bidder's failure to perform any aspect of the services e5tablished in the Streets Sweeping Schedule. For each occurrence and each subsequent failure to perform street sweeping services based on the Schedule, the City shall have the right to charge the awarded Bidder as follows: First Failure- $200 Second Failure: 5300 Third Failure: $SO,0per incident; and the same amount for any subsequent incidents. The City shall have the right to deduct the applicable amounts from any invoice due to the awarded Bidder, under this Contract, or to invoice the awarded Bidder for the amounts due for payment. 2.12 INSURANCE The awarded Bidder shall not commence any performance pursuant to the terms of this Bid until certification or proof of insurance has been received and approved by the City's Risk Coordinator or designee. The required insurance coverage must be issued by an insurance company authorized, licensed and registered to do business in the State of Florida, with the minimum rating of 8+ or better, in accordance with the latest edition of A.M. Best's Insurance Guide. This insurance shall be documented incertificates ofinsurance which provides that the City ofPalm Beach Gardens shall be notified at least thirty(30)days in advance of cancellation, non-renewal, or adverse change. The receipt of certificates or other documentation of insurance or policies or copies of policies by the City mr by any oyits representatives, vvh|oh indicate less coverage than is required, doom not constitute a waiver of the awarded Bidder's obligation to fulfill the insurance requirements herein. Deductibles must beacceptable tuthe City ofPalm Beach Gardens. The awarded Bidder must submit a,current Certificate of insurance, naming the City ofPalm Beach Gardens as an additional insured and listed as such on the insurance certificate. Nem/ certificates of insurance are tobeprovided tothe City upon expiration. The awarded Bidder shall provide insurance coverage ms follows; |. WORKERS COMPENSATION Awarded Bidder shall carry Workers Compensation Insurance to apply for all employees in compliance with the "Workers Compensation Law" of the State of Florida and all Page [ 14 Page 202Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services applicable Federal taws The City reserves the right not to accept exemptions to the Workers Compensation requirements of this Solicitation. 1|. COMPREHENSIVE GENERAL LIABILITY Awarded Bidder Shall ca/n/ Comprehensive General Liability Insurance with rn|mirnumn limits of One Million Dollars ($1'000,000.00)| and include Products/Completion Liability of One Million Dollars ($1,000,008). Such certificate shall list the City as additional insured. NOTE: If Comprehensive General Liability limits are less than One Million Dollars � (_l,QDO,QDD.00), the sum of Comprehensive General Liability limits and Excess Liability limits must equal noless than One Million Dollars($1,OOQ,O08.8O). iii- AUTOMOBILE LIABILITY Awarded Bidder Shall carry Automobile Liability Insurance to include owned, non-owned, and hired, with minimum limits of One Million Dollars($1,000,000.00) each occurrence. The awarded Bidder must submit, no later than ten (lO) days after award and prior to commencement ofany work,a Certificate ofInsurance naming the City ofPalm Beach Gardens as anadditional insured. 2.13 0DB[}ND/GUARA0TY Intentionally Omitted 114 PERFORMANCE BOND Intentionally Omitted 2.I5 CERTIFICATIONS Any Bidder which submits an offer in response to this Solicitation shall, at the time of such offer, beproperly licensed and certified bythe applicable StateorCounty authority qualifying the Bidder to provide the prodUctu and/or perform the aen/iccm described in this Solicitation. The Bidder shall include aVa|id copy ofall applicable licenses and certifications with its Bid Submittal. If work for other trades is required in conjunction with this Solicitation and will be performed by a subcontractor(s), the applicable license or certification issued tothe subcontractor(s) sha|U be submitted with the prime Bidder's offer; provided, however, the City may at its option and in its best interest allow the Bidder to supply the subcontractor(s)certificate tothe City during the 8i6 evaluation period. 2.16 METHOD OFPAYMENT: MONTHLY INVOICES The awarded Bidder shall submit an invoice every month to the City after the street sweeping has been performed. The date of the invoices shall not exceed thirty (30) calendar days from the performance nfwork. Under no circumstances shall the invoice be submitted to the City in advance of the performance of the work. The awarded Bidder shall provide the City with a copy ofthe dump tickets and total cubic yards removed from the City on a rnom1h|y basis for National Pollutant Discharge Elimination System Permit record keeping. Page [ 15 Page 203Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services The invoice sha I I conte in the following basic info rmation:the awarded Bidder's name and address, invoice number, date of invoice, description of service and locations where the work was performed,the contract number, purchase order number, and any disoounts. 2.17 DELIVERY REQUIREMENTS Intentionally Omitted 2.18 FAULTY LABOR The awarded Bidder shall warrant its service against faulty labor and performance, for no less than 24-hours from the date of acceptance of the services. If City inspection determines that the street sweeping was improperly performed, the City shall request that the awarded Bidder re-dothevvmrktotheCity'ssatisfactiom"andatmoadditiona| uosttotheCity. The City may,at its sole discretion, impose a financial consequence on the awarded Bidder for poor performance, based on the amounts established in Section 3.11' Failure to Perform Work — Financial Consequences. Repeated faulty work performance shall be grounds for the City to terminate the Contract. Any payment by the City on behalf of the sen/ices received from the awarded Bidder does not constitute awaiver mfthese provisions. 2.19 ADDITIONAL FACILITIES Although this Solicitation and resultant Contract may identify specific facilities ur locations, it is hereby agreed and understood that any City department oragency facility/location maybe added tuthis Contract atthe option ofthe City, for similar services. The awarded Bidder shall he invited to submit price quotes for these additional facilities or location. tfthese quotes are determined tobe fair and reasonable, then the additional work will be awarded to the awarded Bidder by formal modification of the Contract or Purchase Order. The City may determine to obtain price quotes for the additional facilities from non-contract vendors in the event that fair and reasonable pricing is not obtained from the awarded Bidder,or for other reasons, at the City's discretion. 2.20 CATALOGS AND PRICE LISTS Intentionally Omitted 2.21 CLEAN UP The awarded Bidder shall remove all unusable materials and debris from the work areas atthe end of each workday, and clisposed of in an appropriate manner. Upon final completion, the awarded Bidder shall thoroughly clean up all areas where work has been involved as mutually agreed with the City's authorized representative. 2.22 DEMONSTRATION OFEQUIPMENT Intentionally Omitted Page [ 16 Page 204 Of 949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services 2.23 HOURLY RATE Any hourly rate quoted shall be deemed to provide full compensation to the awarded Bidder for labor, equipment use, travel time, and any other element of cost or price. This rate |aassumed tobeatstraight-time for all labor, except o$otherwise noted. 2.24 MOTOR VEHICLE LICENSE REQUIREMENT Intentionally Omitted 2.25 PATENTS AND ROYALTIES Intentionally Omitted 2.26 PRE-CONSTRUCTION CONFERENCE Intentionally Omitted 2.27 RELEASE OFCLAIM REQUIRED Intentionally Omitted 2.28 SUBCONTRACTORS OFWORK SHALL 8EIDENTIFIED As part ofits Bid, the Bidder must identify any and all subcontractors that will be used in the performance mfthe proposed Contract, their capabilities and experience, and the portion of the work to be done by the subcontractor. The competency of the subcontractor(s) with respect to experience,skill, responsibility and business standing shall be considered 6ythe City when making the award 1nthe best interest ofthe City. |fthe Bidder fails tuidentify any and all sub-Contractors in the Bid, the Bidder may be allowed to submit this documentation during the Bid evaluation period, ifsuch action iainthe best interest of the City. 2.29 OTHER FORMS ORDOCUMENTS If the City is required by the awarded Bidder to complete and execute any other forms or documents in relation to this Sm|io11ahmm, the terms, conditions, and requirements in this Solicitation shall take precedence to any and all conflicting or modifying terms, conditions or requirements of the Bidder's forms or documents. 2.30 BIDDER CONDUCT The awarded Biddersha[|atall dnnescnnductitovvorkomaatninnurethe|emstpnssib|eobstruction totraffic and inconvenience to the gene/a| public and the occupants of buildings, and to insure the protection of persons and property. No road or street shall be closed to the public except with the permission ofthe proper authorities. Fire hydrants omoradjacent tothe work site shall bekept accessible for fire-fighting equipment atall times. 2.31 PROTECTION The awarded Bidder shall take all necessary precautions to protect the work area to avoid unnecessary noise, confusion, dust or dirt, and protect the health and safety of occupants of buildings and surrounding work areas. When equipment and other items must beremoved during the performance ofthe, work, it shall be the awarded Bidder's responsibility to check with appropriate City personnel to obtain the required approval before moving any equipment and/or other items. Page [ 17 Page 205Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services 2.32 DAMAGE AND INJURY The awarded Bidder is responsible for any damage by the company during the course of performing any work under this Contract at any building or structure, and shall repair to match existing materials orsurfaces tmthe satisfaction ofthe City. The Bidder shall, mtits own expense, replace any materials damaged to an extent that it cannot be restored to the original condition. The awarded Bidder shall beresponsible and liable for injury toany life orproperty during the course mfperforming the services. 2.33 LEGAL REQUIREMENTS The awarded Bidder shall be solely and completely responsible for fully complying with all applicable federal, state and local |avxy and regulations. No work shall be performed in any manner that, is dangerous or reckless. Protective clothing, equipment and devices shall, as a minimum, conform to Occupational Safety and Health Administration (OSHA) standards for the work being performed. 2.34 SAFETY AND PROTECTION The awarded Bidder shall be solely and completely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the work.The awarded Bidder shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent injury to, all employees on the worksite and other persons, including but not limited to, the general public who may be affected thereby.The awarded Bidder shall be responsible for providing and for the placement of barricades, tarps, plastic, flag tape and other safely/traffic control equipment required to protect the public, surrounding areas, equipment and vehicles. The flow of vehiculartraff ic shall not be impeded at any time during the project.The safety of the public is of prime concern tothe City, and all costs associated for ensuring such safety are the responsibility mfthe awarded Bidder. The City does not assume any responsibility, at any time, for the protection mforfor Uoom of materials, from the time that the contract operations have commenced until the final acceptance ofthe services bythe City. 235 PRIVATE COMMUNITIES The awarded Bidder understands and agrees that any private community in Palm Beach Gardens, with the written permission of the City, may access the contract resultant from this Solicitation and purchase street cleaning services from the awarded Bidder a1the same prices and rates offered tuthe City. The City shall not be liable or considered m third-party to any agreement between the awarded Bidder and such communities. Page [ 18 Page 206Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services SECTION 3 STATEMENT OF WORK 3.1 PRCUE[T5CUPE The City of Palm Reach Gardens is seeking offers for contractual services to perform streets and parking lots sweeping services,The awarded Bidder must provide its own equipment, operators, and supervision toperform the work described [nthis Solicitation, There are approximately thirty-eight (]8) curb miles of the State and County major artery roads and twelve (12), curb miles of City-owned minor arterial roads to be swept twice per month. There will be an additional fifteen (1S) City-owned parking lots to be swept once per week. The State, County roads, and parking lots may require different types of equipment to adequately sweep all areas. Therefore, pricing isdivided into three Groups- Group A, Group 8' and Group [. Group A: Major,Streets the rates offered shall be based on curb miles swept for County and State roads. Group B: Minor Streets - Lhe rates offered shall be based on curb nn||es swept for City- owned roads. Group C: Pa[k3/Pa/kin8Lots-the rates offered shall be per cleaning for each parking lot. Please refer tothe attached Exhibit A — Streets Sweeping Locations and Areas for additional information. 9.2 SWEEPING FREQUENCY The Sweeping Frequency shown in Appendix A-shall be followed at all times unless prior written approval is obtained from the City. Any sweeping performed outside this schedule without prior written approval from the City will not be eligible for payment.The City reserves the right to add or delete streets or mileage at any time or frequency during the term of this contract, after reasonable mutKoe is provided to the awarded Bidder. Added mileage shall be at the same curb nn|le rate established in the Contract. 33 STORAGE QFEQUIPMENT The awarded Bidder must provide its own storage for equipment such as sweepers, brooms,tires, fuel, oil and other required supplies. The City will not provide storage for any of the awarded Bidder's equipment orsupplies. 3.4 SPEED[}FVEHICLES The awarded Bidder shall operate the sweepers between four and five miles pe,r hour (4—SIVIPH) when sweeping, unless it can be proven, to the satisfaction of the City, that the sweeper can operate atahigher speed and still operate effectively and efficiently. 3.5 TECHNICAL REQUIREMENTS It is the Bidder's responsibility to visit the streets and parking lots listed and to note any varying degrees of difficulty associated with a specific area. The mileage figures given in this Solicitation are for scope purposes only and are only estimates. The streets must be swept for the contract Page [ 19 Page 207Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services curb mile price, whatever the degree of difficulty may be.The parking lots must be swept for the contract price whatever the degree ofdifficulty may be. The Bidder must have sweepers of industrial and municipal size with the capacityto transport the swept debris.The sweeper(5)shall be equipped with a water spray system for dust control(water for the dust control system shall be obtained at the awarded Bidder's expense), No dry sweeping shall be allowed unless authorized bythe City. The awarded Bidder shall provide equipment with adequate air gap to prevent cross contamination ofthe City's water system. The equipment shall comply with all federal, state,and local laws.All equipment shall be in good operating condition aLall times.The City may require the awarded Bidder toremove and replace a piece ofequipment judged to be operating poorly, excessively noisy, dusty or in any way disturbing to the public. Equipment break down shall not relieve the awarded Bidder from performing its obligations under this contact on atimely basis. The awarded Bidder shall notify the City immediately ofany hazardous conditions or materials that |sobserved during sweeping. The removal,hauling and dumping shall be the responsibility of the awarded Bidder.The removal, hauling and dumping nfdebris shall bedone inaccordance with all local, county and state laws and regulations. All transportation costs and tipping/disposal fees shall be at the expense of the awarded Bidder. The awarded B|ddeyuba||completely remove from the swept area(one pass)and curbing all sand, grass, glass liter, leaves and other debris, to the extent identified, within current standards of sweeping excellence. Excellence instreet sweeping shall hedefined asaclean curb line and road surface free mfany visible sand, grass nrother debris. Areas not cleaned in accordance with the above standards will be reported to the awarded Bidder, and the awarded Bidder shall re-sweep the area within twenty-four (24) hours mfnotification without additional cost tmthe City. 3.6 HOLIDAYS A holiday is considered; any day the City of Palm Beach Gardens observes as a,holiday.Scheduled routes on a holiday shall be completed the following business day' by additional equipment if needed, tostay unschedule. Schedule changes caused by holidays shall bemtnoadditional cost tothe City. 17 MONTHLY MEETINGS The awarded Bidder shall attend monthly meetings at the City to discuss the work specifications and terms of the contract to insure compliance. The meeting date and time of each month are to be determined. 3.8 HOURS DFSWEEPING All scheduled machine street sweeping shall beperformed only during the hours ofQ:UOAMto 5:80 PM for day routes and during the hours of 11�00 P&0 to 6:00 AM for night routes. Sweeping shall not be performed on weekends or on City holidays unless authorized by the City. Page 20 Page 208Of949 City of Palm Beach Gardens ITB2016-065P5,Streets Sweeping Services APPENDIX A SWEEPING LOCATIONS FREQUENCY: BI-MONTHLY MAJOR STREETS GROUP LOCATION FROM -TO IST MILES CURSED HOURS I PGA Blvd (FDOT) Ryder Cup Blvd –U51 5.70 Yes Daytime 2 --Military Trail (FDOT) Investment Lane-, PGA 1.70 Yes Daytime Lighthouse Drive - Donald 3 ALT AIA(FDOT) Ross Road — 4.57 Yes Daytime 4 Central Blvd(County) PGA- Donald Ross Road 3.29 Yes Daytime me Daytime 5 Jog Road(County) PGA Blvd-Donald Ross Road 4,94 Yes 6 —Military Trail (County) PGA - Donald Ross Road 3.00 Yes Daytime Northlake Blvd 7 (County) Beeline - Congress Avenue 4.32 Yes Daytime Prosperity Farms Rd. Allamanda Drive - Gardens 8 (County) Parkway 1.30 Yes Daytime Northcorp Parkway- 9 RCA Blvd (County) Prosperity Farms Road 1.56 Yes TDaytime Jog Road - Prosperity Farms 10 Hood Road (County) Road 438 Yes Daytime Donald Ross Road Central Blvd- Prosperity Farm 11 (County) Road. (east bound traffic only) 1.78 Yes Daytime TOTAL. 37.94 miles Page 1I 21 Page 209 of 949 City of Palm Beach Gardens ITB2016-065P5,Streets Sweeping Services FREQUENCY: BI-MONTHLY MINOR STREETS GROUIPB NOTE: Item 3—bi-monthly, east-side curb only. MEDIAN LOCATION FROM—TO EST MILES HOURS CURB 1 Sunset Drive(PBG) Northlake Blvd -Cul-de-sac .50 Daytime None Only 2 Holly Drive (PBG) Military Trail to Riverside Drive .89 Daytime Medians Ironwood Road - Lighthouse 3 Holly Drive (PBG) Drive .39 Daytime None Burns Road(Palm Beach Military Trail - Prosperity Farms 4 Gardens) Road 2.03 Daytime Yes Fairchild Gardens Avenue- It 5 Kyoto Gardens Avenue AIA .42 Daytime 6 Fairchild Avenue RCA- Valencia Gardens Avenue 1.08 Daytime Yes Northlake Blvd - Lighthouse 7 Mac Arthur Blvd (PBG) Drive .66 Daytime Yes 8 Gardens East Drive (PBG) Burns Road - RCA Blvd .76 Daytime Yes 9 Gardens Pkwy Alt AIA- Prosperity Farms Road 1.55 Daytime Yes Kew Gardens Avenue 10 (PBG) Gardens Pkwy- PGA .32 Daytime Yes 11 Minsk Gardens(PBG) Kew Gardens- PGA .22 Daytime None Fairchild Gardens Avenue- Only 12 Fairchild Avenue (PBG) Campus Drive .37 Daytime Medians Lake Victoria Gardens 13 (PBG) Kyoto Gardens Drive- Alt AIA 30 Daytime None Valencia Gardens Avenue Gardens Pkwy - Gardens 14 —..(PBG,) Parkway 1.43 Daytime One 15 Riverside Drive Burns Road- Northcorp Parkway .23 Daytime None 16 Northcorp Pkwy (PBG) PGA- RCA Blvd .30 Daytime None 17 Allamanda Drive Burns Road- Allamanda Lane 14 Daytime None Allamanda, Drive- Prosperity 18 Allamanda Lane Farms Road .22 Daytime None TOTAL: 11.91 (12)miles ................................... Page 1 22 Page 210 of 949 City of palm reach Gardens iTB20 6-U65RS,Streets Sweeping Services FREQUENCY: WEEKLY PARKSjPARKING LOTS GROUP C AREA NAME OF PARK MAINTENANCEAREA (SQ. YD.) HOURS 1 Lilac Park Parking Area/4175 Lilac Street 2500 Night time Access Road and Parking Area/ 1 2 Palm Beach Gardens Park Ryder Cup Blvd 6,000 Night time Access Road and Parking Lot/ Mirasol Parr 12385 Jog Road5,500 Night time 4 PBC Tennis Center Parking Area/5110, 117th Ct N 3300 Night time 5 City Park Parking Area/ 1400 Night time Oaks Park Parking Area/Gardens East Drive 1,500 Night time Access Road and Parking Lot/ 7 Lakeside Complex 10410 N. Military Trail 4,300 Night time Burns Road Recreation Access Road and Parking Lot/ 8 Center 4404 Burns Rd 4,200 Night time Lake Catherine Sports Parking Area/ 9470 MacArthur 9 Complex Blvd 4,300 Night time 10 Roller Hockey Park Parking Area 2,200 Night time Access Road and Parking/ 10113 11 Plant Drive Plant Drive 2,400 Night time Riverside Youth Parking Area/ 10170 Riverside 12 Enrichment Center Drive 1,400 Night time City Hall/Police Areas 2, 3, 4 and 5 (please 13 Department attached map) 12,900 Night time Areas 1, 2, 3,4 and 5 (please see 14 Gardens Park attached map) 14,600 Night time 15 Sandhill Crane Gulf Club Parking Area 7:,300 Night time Page 23 Page 211 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services BID SUBMITTAL This Page and all following pages comprise your original Bid Submittal package. Please also attach any additional information or documentation requested in this Invitation to Bid. There is no need to include the preceding Sections 1, 2,and 3 in your Bid Submittal package. INSTRUCTIONS Sealed Bids must be received on or before the due date and time(local time)at the office of the City Clerk, 10500 North Military Trail,Palm Beach Gardens, Florida 33410. Normal City business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, except holidays. All Sids will be publicly opened at City Hall. Each Bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope: the Bidder's name, return address, ITB number, due date for Bids, and the title of the Bid. Included in the envelope shall be a signed original of the Solicitation Summary and one (1) electronic version of your Bid on CD or a thumb drive in a usable PDF format. If the Solicitation Summary is not included in the envelope as a hard copy,the City may deem your Bid non-responsive. A hard-copy of your Bid is not required. Bids must contain all information required to be included in the Submittal, as described in this Solicitation. Invitation to Bid No.: ITB2016-065PS Title: Streets Sweeping Service Due Date and Time: Friday, July 15, 2016 @ 3:00PIVI Name of Bidder Page 1 24 Page 212 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services SECTION 4 PRICING SCHEDULE 4.1 PRICES AND RATES The Bidder shall indicate in the spaces provided,the firm and fixed prices and rates offered to the City for the goods and/or services described below. LOCATION EST ITEM ---APPENDIXA MILES PRICE PER MILE TOTAL GROUP A MAJOR STREETS 1. PGA Boulevard 5.70 $ 2. Military Trail 2.70 $ $ 3. Alternate AZA 4,57 $ $ 4. Central Boulevard 3.29 $ $ 5. Jog Road 4.94 $ $ 6. Military Trail 3.00 $ 7. Northlake Boulevard 4.32 $ $ 8, Prosperity Farms Road 1,30 $ $ 9. RCA Boulevard 1.56 $ $ 10. Hood Road 4.78 $ $ 11, Donald Ross Road 1.78 $ $ TOTAL FOR GROUP A - MAJOR STREETS: Page l 25 Page 213 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services LOCATION EST ITEM APPENDIX A MILES PRICE PER MILE TOTAL GROUP B MINOR STREETS 1. Sunset Drive so $ 2. Holly Drive .89 3. Holly Drive .39 $ $ ....................................................................................................................................-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- 4. Burns Road 2.03 $ $ 5. Kyoto Gardens Avenue .42 $ $ 6. Fairchild Avenue 1.08 $ $ 7. MacArthur Boulevard .66 $ $ 8. Gardens East Drive .76 $ $ 9. Gardens Parkway 1.55 $ $ 10. Kew Gardens Avenue .32 $ $ 11. Minsk Gardens .22 $ $ -7 $ $ 12. Fairchild Avenue .37 13. Lake Victoria Gardens .30 $ $ 14. Valencia Gardens Ave 1.43 $ $ 15, Riverside Drive .23 $ $ 16. Northcorp Parkway .30 $ $ 17. Allarnanda Drive .14 $ $ 18, Allarnanda Drive, .22 $ $ TOTAL FOR GROUP B - MINOR STREETS: $ Page 126 Page 214 of 949 City of palm reach Gardens iTB20 6-U65RS,Streets Sweeping Services LOCATION ITEM APPENDIX A PENCE EACH +GiROUP C PARKS AND PARKING LOTS 1. Lilac Park . Palm Beach Gardens Park 3. Mirasol Dark . PBG Tennis Center 5. City Park $ . Oaks Park r. Lakeside Complex . Burns Road Recreation Center 9. Lake Catherine Sports Complex 10. Roller Mackey Park 11. Plant Drive $ 12. Riverside youth Enrichment Center 13. City Hall and Police Department 14, Gardens Park $ 1S. Sandhill Crane Golf Club TOTAL FOR GROUP C—PARKS AND PARKING LOTS Page 127 Page 215 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services SECTION 5 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES PART 1: List below the dates of issue for each addendum received in connection with this Solicitation: Addendum 41, Dated Addendum #Z, Dated Addendum #3, Dated Addendum #4, Dated Addendum #S, Dated Addendum #6, Dated Addendum #7, Dated Addendum #8, Dated Addendum 49, Dated Addendum #10, Dated PART 11- F] NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Firm Name Signature Dame a nd Title [Print or Type) Date Page 128 Page 216 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services SECTION 6 BID SUBMITTAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City,including all Conflict of Interest and Code of Ethics provisions. Firm Name: Street Address: Mailing Address(if different than Street Address): Telephone Number(s): Fax Number(s): Email Address: Federal Employer Identification Number: Prompt Payment Terms: _%.— days'net days Signature: (Signature of authorized agent) Print Name: Title; By signing this document, the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS Of ITS OFFER, FOR NOT LESS THAN 90 DAYS AND THE BIDDER's UNEQUIVOCAL OFFER TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID. FAILURE TCI SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE. THE CITY MAY,HOWEVER, IN ITS SOLE DISCRETION,ACCEPT ANY BID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page 1 29 Page 217 of 949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services SECTION AFFIDAVITS, PERFORMANCE AND PAYMENT BONDS FORMAT, LETTER OF CREDIT FORMAT 7.1 AFFIDAVITS The forms listed below/ must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents abinding commitment upon the Bidder to provide the goods and/or services offered to the City if the Bidder is determined to bethe lowest responsive and responsible Bidder. a. Conflict ofInterest Disclosure Form b. Notification of Public Entity Crimes Law C. Drug-Free Work Place d. Nmn'Cwl|usionAf |dmvit e. Sample Performance Bond Format (if required,will berequested from bidder recommended for award) DC} NOT COMPLETE f. Sample Payment Bond Format (if required,will berequested from bidder recommended for award) OC} NOT COMPLETE 9. Sample Letter of Credit Format (if required,will berequested from bidder recommended for award) DC} NOT COMPLETE Page 30 Page 218Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services CONFLICT QFINTEREST DISCLOSURE FORM The award mfthis contract issubject tmthe provisions ofChapter 112, Florida Statutes. All Bidders must disclose within their Bids: the name nfany officer,director, oragent who ioalso anemployee ofthe City ofPalm Beach Gardens. Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent(596) in the Bidder's firm mrany Of its branches. The purpose of this disclosure form is to givethe Cjtythe information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award of this contract. The term"conflict of interest" refers to situations in which financial or other personal considerations may adversely affect, orhave the appearance of adversely affecting, an employee's professional judgment in exercising any City duty orresponsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: To the best ofour knowledge, the undersigned firm has no potential conflict of interest due toany other Cities, Counties, contracts, orproperty interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties,contracts,or property interest for this Bid. Acknowledged by: Firm Name Signature Name and Title (Print mrType) Date Page 131 Page 219 Of 949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287.133, Florida StOMC5, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction fora public entity crime may not submit aBid onacontract toprovide any goods orservices tmapublic entity, may not submit aBid ona contract with o public entity for the construction or repair mfa public building or public vvoch, may not submit Bids on leases or real property to m public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, 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 [F.S.] for Category Two [$35,000-00] fora period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature Name and Title (Print orType) Date Page 132 Page 220 Of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services DRUG-FREE WORKPLACE is a drug-free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440.102, Fiorida,Statutes. Acknowledged by: Firm Name Signature Name a nd Title (Print or Type) Date Page 133 Page 221 of 949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services NON-COLLUSION AFFIDAVIT STATE,OF COUNTY OF Before me,the undersigned authority, personally appeared who,after being by me first duly sworn, deposes and says of his/her personal knowledge that; a. He/She is of the Bidder that has submitted a Bid to perform work for the following: ITB No.; Title: b. He/She is fully informed respectingthe preparation and contents of the attached Request for Bids, and ofall pertinent circumstances respecting such Solicitation. Such Bid isgenuine and isnot acollusive orsham Bid. C. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive orsham Bid inconnection with the Solicitation and contract for which the attached Bid has been submitted orto refrain from proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly, Sought by agreement or collusion or communication or conference with any other Bidder,firm, or person to fix the price or prices in the attached Bid or any other Bidder,or to fix any overhead,profit,or cost element of the Bid price or the Bid price of any other Bidder" or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City orany person interested inthe proposed contract. d. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Subscribed and sworn to (or affirmed) before rnethis______day of 2016, by , who is personally hnov*m to me or who has produced as identification. SEAL Notary Signature Notary Name: Notary Public (Stmte): My Commission No: Expires on: Page i 34 Page 222Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services SAMPLE PERFORMANCE BOND FORMAT KNOW ALL MEN BY THESE PRESENTS: that - ' (insert full name and address nrlegal title nfsuccessful Bidder) asPrincipal, hereinafter called Contractor, and (Name ofInsurer) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens,Palm Beach County, Florida. 4sObligee, hereinafter called the City, imthe amount of ($ ), for the payment whereof, Contractor and Surety bind themselves,their heirs, executors, administrators, successors,and assigns,jointly and seuerabiy,firmly bythe presents. WHEREAS, Contractor has bywritten agreement dated 2016, entered into Contract No. with the City in accordance with the Solicitation specifications prepared by the City, which Contract is by reference made a part hereof and is hereinafter referred asthe Contract, for the performance ofthe following Work: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said 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 City. Whenever Contractor Shall be and declared by the City to be in default under the Contract,the City having performed City's obligations thereunder, the Surety may promptly remedy the default or shall promptly: a. Complete the Contract inaccordance with its terms and conditions; or b. 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 City elects, upon determination by the City and the Surety jointly of the most responsible Bidder, arrange for a Contract between such Bidder and the City, and make available as work progresses(even though there should be a default or a succession of defaults underthe 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 beliable hereunder,the amount set forth |nthe first paragraph hereof. The term "balance ofthecontraciprice°, asusedimthixpara8raph,sha|| nmeamthetota| anmoumtpeyab|ebytheOty Page 135 Page 223Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services to Contractor under the contract and any amendments thereto, less the amount properly paid by the City tothe Contractor. Any Suit under this bund must be instituted before the expiration of twenty-five (25) months from the date onwhich 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 City named herein or the heirs, executors, administrators, or successors of the City. Signed and seated this day of 3016. (Principal) (seal) (Witness) <nt|m> (Name ofinsurer) Surety (Seal) By: (VVitn*» ) (Attorney-in-Fact) Page 136 Page 224Of949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services SAMPLE PAYMENT BOND FORMAT KNOW ALL MEN BY THESE PRESENTS: that - ' (insert full name and address nrlegal title nfsuccessful Bidder) asPrincipal, hereinafter called Contractor, and (Name of Insurer) as Surety, hereinafter called Surety, are held and firmly bound unto the City of Palm Beach Gardens,Palm Beach County, Florida. As Obligee, hereinafter called the City, in the amount of ($ ), for the payment whereof, Contractor and Surety bind themselves,their heirs, executors, administrators, successors,and assigns, jointly and severab1V^firrnUy, by the presents. WHEREAS, Contractor has bywritten agreement dated 2O14, entered into Contract No. with the City in accordance with the Solicitation specifications prepared by the City, which Contract is by reference made a part hereof and is hereinafter referred asthe Contract, for the performance ofthe following Work: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor and all subcontractors to whom any portion of the work provided for in said Contract is sublet and all assignees of said Contract and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, products, services, or supplies for QT in the prosecution of the work provided for in such Contract,orinany amendment mrextension ofor addition Losaid Contract, and for the payment of reasonable attorney's fees, incurred bythe claimants in suits on this bond,then the above obligation shall be void;otherwise, it shall remain in full force and effect. HOWEVER, this bond is subject to the following conditions and limitations: a) Any person, firm or corporation that has furnished labor, products, or supplies for or in the pru5ecution of the work provided for in Said Contract shall have a direct right of action against the Contractor and Surety on this bond'which right of action shall be asserted in a proceeding' instituted in the county in which the work provided for in said Contract is to be performed or in any county In which Contractor orSurety does business. Such right ofaction shall beasserted inproceedings instituted inthe name of the claimant or claimants for his or their use and benefit against said Contractor and Surety or either of them(but not laterthan one year after the final settlement of said Contract)in which action such claim orclaims shall beadjudicated and judgment rendered thereon. b) The Principal and Surety hereby designate and appoint as the agent of each of them to receive and accept service of processor other pleading issued or filed in any proceeding instituted on this Page 137 Page 225Of949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services bond and hereby consent that such service shall be the same as personal service on the Contractor and/or Surety. C) in no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than one year after the final settlement of said Contract. d) This bond is given pursuant to and in accordance with the provisions of Florida Statutes, and all the provisions of the law referring to this character of bond as set forth in any sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. Any suit under this bond must be instituted before the expiration of twenty-five (25) months 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 City named herein or the heirs, executors, administrators, or successors of the City. Signed and sealed this day of 2014. (Principal) (Seal) (Witness) (Title) (Name of insurer) Surety (Seal) By: (Witness) (Attorney-in-Fact) Page 138 Page 226 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services SAMPLE LETTER OF CREDIT FORMAT LETTER OF CREDIT NO.: ISSUANCE DATE. APPLICANT: {Name of Corporationj {address} (City, State,Zipj BENEFICIARY: CITY OF PALM BEACH GARDENS 10500 N. MILITARY TRAIL PALM BEACH GARDENS, FLORIDA 33410 FOR U,5.D. 5_ DATE OF EXPIRATION;_ WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. IN FAVOR OF THE BENEFICIARY,THE CITY OF PALM BEACH GARDENS, FLORIDA(HEREINAFTER"PBG") FOR THE ACCOUNT OF THE ABOVE REFERENCED APPLICANT, AVAILABLE BY YOUR DRAFTS DRAWN ON tinsert name of Bank PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF (Insert the amount of money), THE AMOUNT REFERENCED ABOVE. DEMANDS OF THE LETTER OF CREDIT MUST BE ACCOMPANIED BY A STATEMENT FROM THE CITY MANAGER OF THE CITY OF PALM BEACH GARDENS CERTIFYING EITHER: (1)THAT SAID LETTER OF CREDIT 15 ABOUT TO EXPIRE AND HAS NOT BEEN RENEWED, OR (2)THAT WORK HAS NOT BEEN COMPLETED IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, AND AGREEMENTS (INCLUDING ANY AMENDMENTS THEREOF) FOR THE FOLLOWING PROJECT: (Name of Project) (THE`PROJECT`). IT IS ACONDITION OF THIS LETTER OF CREDIT THAT IT WILL BE AUTOMATICALLY EXTENDED FOR PERIODS OF ONE YEAR FROM EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, WITHOUT ANY AMENDMENT,UNLESSTHIRTY(30)DAYS BUT NO MORE THAN SIXTY(60) DAYS PRIORTO ANYEXPIRATION DATE WE SHALL NOTIFY PBG IN WRITING BY CERTIFIED MAIL RETURN RECEIPT REQUESTED, OR BY COURIER VIA HAND DELIVERY AT THE ABOVE-LISTED ADDRESS, THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD. WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS, AND BONA FIDE HOLDERS OF ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THE CREDIT THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO (Name of Bank) .(THE 'BANK'), WHICH IS DULY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA IN ACCORDANCE WITH THE TERMS HEREOF. IF A DRAFT,AS DESCRIBED IN THIS LETTER OF CREDIT, 15 PRESENTED PRIOR TO THE EXPIRATION DATE AND IN CONFORMITY WITH THE TERMS OF THIS LETTER OF CREDIT AND UPON Page 139 Page 227 of 949 City of palm Beach Gardens iTB20 6-U65RS,Streets Sweeping Services PRESENTATION IT IS WRONGFULLY DISHONORED BY THE BANK, THE BANK AGREES TO PAY REASONABLE ATTORNEYS FEES AND COSTS, INCLUDING FEES AND COSTS ON APPEAL, INCURRED BY THE CITY OF PALM BEACH GARDENS TO ENFORCE THIS LETTER OF CREDIT SHOULD PBG PREVAIL. DOCUMENTS MUST BE PRESENTED FOR PAYMENT TO, (Name of Bank Branch) {Address} (City,State,Zip) ATTN: (Department) ALL DRAWINGS UNDER THIS LETTER OF CREDIT MUST BE ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT INSTRUMENT WHICH WILL BE RETURNED TO THE BENEFICIARY AFTER ENDORSING THE BACK OF SAME WITH THE AMOUNT OF EACH DRAWING BY US. PARTIAL DRAWINGS ARE PERMITTED. THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED ON THE REVERSE OF THE ORIGINAL CREDIT. ALL DRAFTS MUST BE MARKED "DRAWN UNDER (Warn€ of Bank) LETTER OF CREDIT NUMBER DATED 20—." THIS CREDIT IS SUBJECT TOTHE "UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS, (2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO. 600%AND TO THE PROVISIONS OF FLORIDA LAW. IF ACONFLICT BETWEEN THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS ARCS FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. IF A CONFLICT BETWEEN THE LAW OF ANOTHER STATE OR COUNTRY AND FLORIDA LAW SHOULD ARISE, FLORIDA LAW SHALL PREVAIL. VENUE FOR ANY DISPUTES RELATING TO THE ENFORCEMENT OF THIS LETTER OF CREDIT SHALL BE PALM BEACH COUNTY, FLORIDA. (Name of Bank) BY: (Name) {Title} Page I A-0 Page 228 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services SECTION 8 SAMPLE AGREEMENT FORMAT Below is the standard agreement format for this Invitation to Bid. This is a sampleagreementonly and is subject to revisions. PLEASE DO NOT COMPLETE. AGREEMENT THIS AGREEMENT is hereby made and entered into this day of 20_, (the effective date") by and between the City of Palm Beach Gardens,a Florida municipal corporation("City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410,and a corporation(hereafter referred to as "Contractor"), whose address is WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City's Invitation to Bid No. and the Contractor's response thereto, all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows- ARTICLE 1. INCORPORATION OF INVITATION TO BID The terms and conditions of this Agreement shall include and incorporate the terms, conditions, and specifications set forth in the City's Invitation to Bid No. , and the Contractor's response to the Invitation to Bid, including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City's Invitation to Bid, which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein, according to the terms and specifications of the referenced Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Page 141 Page 229 of 949 City of Palm Beach Gardens na20x6-n65PS,Streets Sweeping Services i. 4stothe City: City nfPalm Beach Gardens lO50UNorth Military Trail Palm Beach Gardens,Florida 3y41U Attn: City Manager Email: ii. with acopy to: City ofPalm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email: iii, As10the Contractor: xnn-' Email: b HeadinEs. The headings contained in this Agreement are for convenience of reference only,and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement, c Effective Date. The effective date ofthis Agreement shall beasofthe date ithas been executed byboth the parties hereto. ARTICLE 5. C0NTRACTTERK8 This term ofthis Agreement shall befrom the effective date through 20—, unless terminated earlier inaccordance with terms set forth inthe ITB. (Remainder ofthis page isintentionally left bfank.\ Page 142 Page 230Of949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services IN WITNESS WHEREOF,the parties have executed this Agreement on the dates hereinafter written. CITY OF PALM BEACH GARDENS, FLORIDA [SEAL] By: Ronald M. Ferris,City Manager ATTEST: By: Patricia Snider, CIVIC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By, R. Max Lohman,City Attorney By: Print Name: Title: WITNESS: By: Print Name: Page 143 Page 231 of 949 City of Palm Beach Gardens ITB2016-065PS,Streets Sweeping Services SECTION 9 EXHIBITS 9,1 EXHIBITS Exhibit A—Streets Sweeping Locations and Areas Page I A.4 Page 232 of 949 City of Palm Beach Gardens ITB2016-065P5,Streets Sweeping Services SECTION 10 SOLICITATION SUMMARY The City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens,Fl.33410 PURCHASING DEPARTMENT IMPORTANT NOTICE The information you provide on this page will be read aloud atthe PUBLIC OPENING for this Solicitation. It is VERY IMPORTANTthat the summary information you provide below is exactly the same information contained in your Bid. If subsequent to the opening of Bids, the City determines that the information contained in the electronic version of your Bid is different from the information on this Solicitation Summary,the City reserves the right to deem your Bid NON-RESPONSIVE, and remove your Bid from further evaluation and consideration for contract award. BID INFORMATION Proposal Number: ITB2016-065PS Title: Streets Sweeping Services Due Date and Time: Friday, July 15, 2016 @ 3:OOPM Name of Proposer: Address: Contact Person; Bid Amount., Group A: Major Streets - Group B: Minor Streets - Group C: Parks/Parking - $ Authorized Signature: Date: By signing and submitting this Solicitation Summary, the Bidder affirms that the information provided above is an exact and correct summary of the information contained in the electronic version of the Bidder's Bid to the City of Palm Beach Gardens. NOTE: This Solicitation Summary must be signed and included as an ORIGINAL HARDCOPY in the envelope containing your Bid. Page 145 Page 233 of 949 i i I EO Site 2 City flail --- Police Department L2- 1Pavement Arca Photo ,,Location and Direction Page 234 of 949 Site, 0 Gardens Park Palvement � # Photo .L.cabin and Direction - i U f i Page 235 of 949 t Site # S Lilac Park Pavement Area # Photo Location and Direction Page 236 of 949 tp Site # 4 PGA Park Pavement Area # Photo Location and Direction l!! Page 237 of 949 ---------- Site Site # 10 Mirasoi Park Pavement Area # Photo Location and Direction Page 238 of 949 F• �1 Site # 12 Tennis Center Pavement Area # Photo Location an&Dlrection Page 239 of 949 ri f 1. Site # 13 City Park Pavement.Area # 4--r Photo Location and Direction i Page 240 of 949 7,-)tZ,4 Site # 14 Oaks Park Pavement Area # Photo Location and Direction Page 241 of 949 s { J Site # 15 Lakeside Complex 4 Pavement Area # Photo Location and Direction Page 242 of 949 l 3 l r , f� Site # 3 Burns Road Recreation Center Pavement Area # -- Photo Location and Direction } Page 243 of 949 4 R Site # 5 Labe Catherine Sports Complex D2- Pavement Area # 4-0 Photo Location and Direction Page 244 of 949 I �5 3( Site# 7 Roller Hockey Park Pavement Area # Photo Location and Direction Page 245 of 949 Q i Site # ( Plant Drive Park Pavement Area # Photo Location and Direction Page 246 of 949 g9 f � s � r A� Site # 4 Riverside Youth Enrichment Center Pavement Area # Photo Location and Direction Page 247 of 949 a a s_ h 5 { eJ c � AX Ik -41 CL V LN Site # 11 Municipal Golf Course Pavement Area # Photo Location and Direction U O Page 248 of 949 rn Q o Y i City of Paim Reach Gar4ens IT82016-06SPS,Streets Sweeping Services, BID SUBMITTAL This Page and all following pages comprise your original Bid Submittal package. Please also attach any additional information or documentation requested in this invitation to Bid. There is no need to include the preceding Sections 1, 2, and 3 in your Bid Submittal package. INSTRUCTIONS Sealed Bids must be received on or before the due date and time(local time) at the office of the City Clerk, 10SOO North M i I itary Trail, Palm Beach Gardens, Florida 33 1CI. Norma I City business hours are 8-00 a,m. to 5900 p.m., Monday through Friday, except holidays. All Bids will be publicly opened at City Hall. Each Bid submitted to the City Clerk shall have the following information clearly marked on the face of the envelope. the Bidder's name, return address, ITB number, due date for Bids, and the title of the Bid included in the envelope shall be a signed original of the Solicitation Summary and one (1) electronic version of your Bid on CD or a thumb drive in a usable PDF format, If the Solicitation Summary is not included in the envelope as a hard copy,the City may cleern your Bid non-responsive. A hard-copy of your Bid is not required. Bids iiiust contain all information required to be included in the submittal, as described in thiis Solicitation, Invitation to Bid No.: ITB2016-065PS Title: Streets Sweeping Service Due Date and Time: Friday, July 15, 2016 @ 3:OOPM –7— C�\ Name of Bidder Page I24 Page 250 of 949 Citf Palm Beach Gardens ITBM6-oti5m,5treebSweeping Services SECTION 4 PRICING SCHEDULE 4,1 PRICES AND RATES The Bidder shad indicate in the spaces provided,the firm and fixed prices and rates offered to the City for the goods and/or services described below. LOCATION EST' ITEM APPENDIX A M ILEA PRICE PER MILE TOTAL ............ GROU jMAJOR STREETS 1 PGA Boulevard 530 $ $ 2. Military Trail 2,70 $ 1 Alternate AIA 4.57 F A. Central Boulevard 3.29 5 jag Road_—...._ 494 ..... ..M........... , 6 Military Trail 3.00 7Northliake Boulevard 432 S7 B. Prosperity Farms Road 1.30 C�) 9. RCA Boulevard 1.56 10. Hood, Road 438 11. Donald Ross Road �07.62 7— TOTAL FOR GROUP A- MAJOR STREETS. Page 125 Page 251 of 949 cjtV of Palm Beach Gardens IT82,01.6-065PS,Streets Sweeping Services LOCATION EST IT APPENDIX A MILES PRICE PER MILE TOTAL GROUPB MINOR STREETS Sunset Drive . 89 2 �iolly Drive e 3, lly H0 Drive 39 L6 $ 4, Burns Road 2.0 31 S Kyoto Gardens Avenue 42 $ 6. 1 Falirchild Avenue 1-08 G4b 7, boulevard 66 MacArthur B 8f, .p. - .�...__ .__ W3 . Gardens East Drive 76 Gardens Parkw ;Say___ 1'0' Kew Gardens Avenue IV k4i in Gardens 1Fairchild Avenue 37--_ Lake Victoria Gardens 30 14. Valencia Gardens Ave 1.43 $ 15. RNerside Drive I $ 16. Northcotp Parkway 30 ..... 1TAllamanda Drive —-----„14 22 $ 18. Allarrianda Drive B- MINOR,STREETS, TOTAL FOR GROUP Page 1 146 Page 252 of 949 City of Patm Beach Gardens ITS2016-0ASPS,Streets SweepIng Services LOCATION ITEM APPENDIX A PRICE EACH GROUPC PARKS AND PARKING LOTS 1, Lilac Park $ C) CD 2. Palm Beach Gardens Park $ 00 1 . .. Mirasol Park ......... i 4PBG Tennis Center $ 3's 5E City Park 6Oaks Park a 7. Lakeside Complex C)-O 00, 8. i Burns Road Recreation Center ci 9, Lake Catherine Sports Complex o 10, Roller Hockey Park -CJ5.(DO ....... 11� Plant Drive 001 .......................... 12. 1 Riverside Youth Enrichment Center $ ;?"S. 00 131 City Hall and Police Department $ loo -00 14. Gardens Park 00 )77- — 15. Sandhill Crane Golf Club $ IZ: TOTAL FOR GROUP C—PARKS AND PARKING LOTS $ G 5.Q , 0 Ci 4bavict Page 127 Page 253 of 949 City of Palm Beach Gardens ITB2016-GGSPS,Streets Sweeping Services SECTION 5 ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: COMPLETE PART I OR PART 11, WHICHEVER APPLIES PART 1. List below the dates of issue for each addendum received in connection with this Solicitatiow Addendum 41, Dated - C,\(0 Addendum #2, Dated Addendum #3, Dated c-A Addendum #4, Dated Addendum #S, Dated Addendum #6,, Dated Addendum #7, Dated Addendum 48, Dated Addendum 49, Dated Addendum #10, Dated PART 11; L] NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS SOLICITATION Ir cXUI U—m-t--p Firm Name Signature Ccx�Cct— -ACA- Name and Tltle(Print or Type) Date Page 128 Page 254 of 949 City of Palm Beach Gardens ITS2016-06SPS,Streets Sweeping Services SECTION 6 BID SUBMITTAL SIGNATURE PAGE By signing this Bid the Bidder certifies that it satisfies all legal requirements as an entity to do business with the City, including all Conflict of interest and Code of Ethics provision5, Firm Marne: -C) C N6(A Street Address; Mailing Address (if different than Street Address): Telephone Number(,): Fax Numiber(s): -o Email Address: Federal Employer Identification Nurnber: 30 Prompt Payment Terms days' net days '5t%Z-=............... (Si;gnature of authorized agent) Print Name: rck Title -)c By signing this document, the Bidder agrees to all Terms and Conditions of this Solicitation and the resulting Contract/Agreement. THE EXECUTION OF THIS FORM CONSTITUTES THE UNEQUIVOCAL OFFER OF BIDDER TO BE BOUND BY THE TERMS OF ITS OFFER, FOR NOT LESS THAN 90 DAYS QUIVOCAL OFFER TO ,AND THE BIDDER`S UNE BE BOUND BY THE TERMS AND CONDITIONS SET FORTH IN THIS INVITATION TO BID, FAILURE TO SIGN THIS SOLICITATION WHERE INDICATED ABOVE, BY AN AUTHORIZED REPRESENTATIVE, SHALL RENDER THE BID NON-RESPONSIVE, THE CITY MAY, HOWEVER,IN ITS SOLE DISCRETION, ACCEPT ANY'SID THAT INCLUDES AN EXECUTED DOCUMENT WHICH UNEQUIVOCALLY BINDS THE BIDDER TO THE TERMS OF ITS OFFER. Page 1 29 Page 255 of 949 My of Palm Beach Gardens UR2016-WSPS,Streets Sweeping Services SECTION 7 AFFIDAVITS, PERFORMANCE AND PAYMENT BONDS FORMAT, LETTER OF CREDIT FORMAT 7.1 AFFIDAVITS The forms listed below must be completed by an official having legal authorization to contractually bind the company or firm. Each signature represents a binding commitment upon the Bidder to provide the goods and/or services offered to the City if the Bidder is determined to be the lowest responsive and responsible Bidder. a. Conflict of Interest Disclosure Form b. Notification of Public Entity Crimes Law C. Drug-Free Work Place d, lion-Collusion Affidavit e. Sample Performance Bond Format (if required,will be requested from bidder recommended for award) DO NOT COMPLETE f. Sample Payment Bond Format (if required,will be requested from bidder recommended for award) DO NOT COMPLETE g. Sample tetter of Credit Format (if required, will be requested from bidder recommended for award) DO NOT COMPLETE Page 30 Page 256 of 949 City of Pairn Beach Gardens ITB2016-06SPS,Streets,Sweeping Services CONFLICT OF INTEREST DISCLOSURE FORM The award of this contract is subject to the provisions of Chapter 112, Florida Statutes. All Bidders must disclose within their Blds: the name of airy officer, director, or agent who is also an employee of the City of Palm Beach Gardens. Furthermore, all Bidders must disclose the name of any City employee who owns, directly, or indirectly, an interest of more than five percent (5%) in the Bidder's firm or any of its branches. The purpose of this disclosure form is to give the City the information needed to identify potential conflicts of interest for evaluation team members and other key personnel involved in the award,of this contract. The term "conflict of interest"' refers to Situations in which financial or other personal considerations may adversely affect, or have the appearance of adversely affecting, an employee's professional judgment in exercising any City duty or responsibility in administration, management, instruction, research, or other professional activities. Please check one of the following statements and attach additional documentation if necessary: --Z To the best of our knowledge, the undersigned firm has no poteritial conflict of interest due to any other Cities, Counties, contracts,or property interest for this Bid. The undersigned firm, by attachment to this form, submits information which may be a potential conflict of interest due to other Cities, Counties, contracts, or property interest for this Bid. Acknowledged by: Firm Name Signature Ccx Name and Title (Print or Type) ol Date Page 31 Page 257 of 949 City of Palm Beach Gardens ITH2016-065PS,Streets Sweeping Services NOTIFICATION OF PUBLIC ENTITY CRIMES LAW Pursuant to Section 287,133,, Florida Stotutes, you are hereby notified that a person or affiliate who has been placed on the convicted contractors list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on [eases or real property to a public entity, may not be awarded or perform work as a contractor, supplier, sub-vendor, 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 [F.Sj for Category Two [$35,000.00] for a period of thirty-six (36) months from the date of being placed on the convicted contractors list. Acknowledged by: Firm Name Signature —A "k I C V, Name and Title (Print or Type) Date Page 1 32 Page 258 of 949 City of Palm Beach Gardens ITB2016-065PS,,Streets Sweeping Services DRUG-FREE WORKPLACE is a drug-free workplace and has (Company Name) a substance abuse policy in accordance with and pursuant to Section 440,102, Florida Statutes, Acknowledged by: MAkl C�IOCA_� Firm Name a. S�gnature Name and Title (Print or Type) Date Page 33 Page 259 of 949 City of Palm Beach Garifens ITB2016-065PS,Streets Sweeping Services NON-COLLUSION AFFIDAVIT STATEOF COUNTY OF Before me,the undersigned authority, personally appeared _\V%U1Xxb who,after being by me first duly sworn, deposes and says of his/her personal knowledge that: Pro 109 'cc)t a He/She is, CWZC� �ACAAQCC(6f O)rt(MVC)OCA t h e Bidder that has submitted a Bid to perform worlJior the following- lTB No,: -1-7b c 'ol lL,— 06%5 f1b Title� 'sC"C\&iC'C b; He/She is fully informed respecting the preparation and contents of the attached Request for Bids, and of all pertinent circurnstances respecting such Sokcitation. Such Bid is genurne and is not a collusive or sharn Bid. c, Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly, with any other Bidder, firm, or person: to submit a collusive or sham Bid in connection with the Solicitation and contract for which the attached Bid has been submitted or to refrain frorn proposing in connection with such Solicitation and contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder,firm, or person to fix the price or prices in the attached Bid or ally other Bidder, or to fix any overhead, profit, or cost element of the Bid price orthe Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City or any person interested it] the proposed contract. d, The price or prices quoted in the attached Bid are fair and proper and are riot tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Signature Subscribed and sworn to (or affirmed) before me this Va day of 2016, by I" CC)C'�tCA— who is V personally known to me or who has produced as identification SEAL Notary Signature NotaryName: NW., Melina Ramirez Notary Public (State): Commmirin#GG009190 My Commission No: A0 Exlrw July 6, 2020 Expires on Ju iiLk G 2-0 GF FVVII� Bonded tftru AarDn Notary Page j 34 Page 260 of 949 City of f airn Beach Gardens rr82016-065P5,Streets 5~p9ng Services SAMPLE PERFORMANCE BOND FORMAT KNOW ALL MEN BY THESE PRESENTS: that - (Insert full name and addressor legal title of successful Ridder) as Principal, hereinafter called Contractor, and (Name of Insurer) as Surety, hereinafter called Surety,are held ami firmly bound tanto the City of Palm Beach Gardens,Palm Beach County, Florida. As Obligee, hereinafter called the City,in the amount of 0 ), for the payment whereof,Contractor and Surety bind themselves,their heirs, executors, administrators,successors,and assigns,jointly and severably,firmly by the presents. WHEREAS, Contractor has by written agreement dated 2016, entered into Contract No. with the City in accordance with the Solicitation specifications prepared by the City, which Contract is by reference made a part hereof and is hereinafter referred as the Contract, for the performance of the following Work: NOW,THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said 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 City. Whenever Contractor shall be and declared by the City to be in default under the Contract,the City having performed City's obligations thereunder,the Surety may promptly remedy the default or shall promptly: a. Complete the Contract in accordance with its terms and conditions; or b. 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 City elects, upon determination by the City and the Surety jointly of the most responsible Bidder, arrange for a Contract between such Bidder and the City, 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 the City Page 135 Page 261 of 949 city of Palm Beach Gardens ITE12016-WSP5,Streets Sweeping Services to Contractor under the contract and any amendments thereto,less the amount properly paid by the City to the Contractor. Any suit under this bond must be instituted before the expiration of twenty-five (25) months 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 City named herein or the heirs, executors, administrators, or successors of the City. Signed and sealed this day of 2015. (Principal) (seat) (Witness) (Title) (Name of Insurer) Surety (Seal) By: {Witness) {Attorney-in-Fact) Page 136 Page 262 of 949 City of Polar leach Gardens rfB2X6-D65PS,Streets Sweeping Semites SAMPLE PAYMENT BOND FORMAT KNOW ALL HIEN BY THESE PRESENTS: that - (Insert foil narne and address or legal title of successful Bidder) as Principal, hereinafter called Contractor, and (Name of Insurer) as Surety, hereinafter called Surety,are held and firmly bound unto the City of Palm Beach Gardens, Palm Beach County,Florida. As Obligee, hereinafter called the City,in the amount of ($ 1, for the payment whereof, Contractor and Surety bind themselves,their heirs, executors, administrators, successors,and assigns,jointly and severably,firmly by the presents. WHEREAS, Contractor has by written agreement dated 2014, entered into Contract No. with the City in accordance with the Solicitation specifications prepared by the City,which Contract is by reference made a part hereof and is hereinafter referred as the Contract, for the performance of the following Work: NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if said Contractor and all subcontractors to whom any portion of the work provided for in said Contract is sublet and all assignees of said Contract and of such subcontractors shall promptly make payments to all persons supplying him or them with labor, products, services, or supplies for or in the prosecution of the work provided for in such Contract, or in any amendment or extension of or addition to said Contract, and for the payment of reasonable attorney's fees,incurred by the claimants in suits on this bond,then the above obligation shall be void;otherwise,it shall remain in full force and effect. HOWEVER,this bond is subject to the following conditions and limitations: aj Any person, firm or corporation that has furnished labor, products, or supplies for or in the prosecution of the work provided for in said Contract shall have a direct right of action against the Contractor and Surety on this bond, which right of action shall be asserted in a proceeding, instituted in the county in which the work provided for in said Contract is to be performed or in any county in which Contractor or Surety does business. Such right of action shall be asserted in proceedings instituted in the name of the claimant or claimants for his or their use and benefit against said Contractor and Surety or either of them (but not later than one year after the final settlement of said Contract( in which action such claim or claims shall be adjudicated and judgment rendered thereon. b} The Principal and Surety hereby designate and appoint as the agent of each of them to receive and accept service of process or other pleading issued or filed in any proceeding instituted on this Page 137 Page 263 of 949 City of Palm Reach Gardens 1`1`132a] -OMP5,Streets 5weeping5erukes bond and hereby consent that such service shaiI be the same as personal service on the Contractor and/or Surety. C) In no event shall the Surety be liable for a greater sum than the penalty of this bond, or subject to any suit, action or proceeding thereon that is instituted later than one year after the final settlement of said Contract. d) This bond is given pursuant to and in accordance with the provisions of Florida Statutes, and all the provisions of the law referring to this character of bond as set forth in any sections or as may be hereinafter enacted, and these are hereby made a part hereof to the same extent as if set out herein in full. Any suit under this bond must be instituted before the expiration of twenty-five (25) months from the date on which final payment under the Contract fails due. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City named herein or the heirs, executors, administrators, or successors of the City. Signed and sealed this day of 2014. {principal) (Seal) (Witness) (Title) (Name of Insurer) Surety (Seal) By: (Witness) (Attorney-in-Fact) Page 138 Page 264 of 949 City of Palm Beach Gardens 1`1`62016-065135,Streets Sweeping Seniizes SAMPLE LETTER OF CREDIT FORMAT LETTER OF CREDIT Na_: ISSUANCE DATE: APPLICANT: (Name of Corporation) [Address} (City,State,21p) BENEFICIARY: CITE OF PALM BEACH GARDENS 10540 N. M I LITARY TRAI L PALM BEACH GARDENS, FLORIDA 33410 FOR U.S.D. $ DATE OF EXPIRATION: WE HEREBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO. IN FAVOR OF THE BENEFICIARY,THE CITY OF PALM BEACH GARDENS, FLORIDA(HEREINAFTER "PBG")FOR THE ACCOUNT OF THE ABOVE-REFERENCED APPLICANT, AVAILABLE BY YOUR DRAFTS DRAWN ON (Insert name of Bank) PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO EXCEED A TOTAL OF insert the amount of moneyl THE AMOUNT REFERENCED ABOVE. DEMANDS OF THE LETTER OF CREDIT MUST BE ACCOMPANIED BY A STATEMENT FROM THE CITY MANAGER OF THE CITY OF PALM BEACH GARDENS CERTIFYING EITHER: (1)THAT SAID LETTER OF CREDIT 15 ABOUTTO EXPIRE AND HAS NOT BEEN RENEWED, OR(2) THAT WORK HAS NOT BEEN COMPLETED IN ACCORDANCE WITH THE PLANS, SPECIFICATIONS, AND AGREEMENTS (INCLUDING ANY AMENDMENTS THEREOF) FOR THE FOLLOWING PROJECT: (Name of PraJect} (THE 'PROJECT'). IT ISA CDNDIT+ON OF THIS LETTER OF CREDIT THAT IT WILL BE AUTOMATICALLY EXTENDED FOR PERIODS OF ONE YEAR FROM EXPIRY DATE HEREOF, OR ANY FUTURE EXPIRATION DATE, WITHOUT ANY AMENDMENT,UNLESS THIRTY(30)DAYS BUT NO MORE THAN SIXTY(60) DAYS PRIOR TO ANY EXPIRATION DATE WE SHALL NOTIFY PBG IN WRITING BY CERTIFIED MAIL RETURN RECEIPT REQUESTED, OR BY COURIER VIA HAND DELIVERY AT THE ABOVE-LISTED ADDRESS,THAT WE ELECT NOT TO CONSIDER THIS LETTER OF CREDIT RENEWED FOR ANY SUCH ADDITIONAL PERIOD, WE HEREBY AGREE WITH THE DRAWERS, ENDORSERS,AND BONA FIDE HOLDERS OF ALL DRAFTS DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS OF THE CREDIT THAT SUCH DRAFTS WILL BE DULY HONORED UPON PRESENTATION TO(Name of Bank) (THE 'BANK'), WHICH 15 DULY AUTHORIZED TO CONDUCT BUSINESS IN THE STATE OF FLORIDA IN ACCORDANCE WITH THE TERMS HEREOF. IF A DRAFT,AS DESCRIBED IN THIS LETTER OF CREDIT, IS PRESENTED PRIOR TO THE EXPIRATION DATE AND IN CONFORMITY WITH THE TERMS OF THIS LETTER OF CREDIT AND UPON Page 139 Page 265 of 949 City of Palm Beach Gardens RB2016-06SPS,Streets Sweeping 5erwkes PRESENTATION IT IS WRONGFULLY DISHONORED BY THE BANK,THE BANK AGREES TO PAY REASONABLE ATTORNEYS FEES AND COSTS, INCLUDING FEES AND COSTS ON APPEAL,INCURRED BY THE CITY OF PALM BEACH GARDENS TO ENFORCE THIS LETTER OF CREDITSHOULD PSG PREVAIL. DOCUMENTS MUST BE PRESENTED FOR PAYMENT TO: (Name of Bank Brartch) {Address} {City, State, Zlp) ATTN:(Department) ALL DRAWINGS UNDER THIS LETTER OF CREDIT MUST BE ACCOMPANIED BY THE ORIGINAL LETTER OF CREDIT INSTRUMENT WHICH WILL BE RETURNED TO THE BENEFICIARY AFTER ENDORSING THE BACK OF SAME WITH THE AMOUNT OF EACH DRAWING BY US. PARTIAL DRAWINGS ARE PERMITTED. THE AMOUNT OF ANY DRAFT DRAWN UNDER THIS CREDIT MUST BE ENDORSED ON THE REVERSE OFTHE ORIGINAL CREDIT. ALL DRAFTS MUST BE MARKED "DRAWN UNDER (Name of Bank) LETTER OF CREDIT NUMBER DATED 20 '11, THIS CREDIT IS SUBJECTTO THE"UNIFORM CUSTOMSAND PRACTICE FOR DOCUMENTARY CREDITS,(2007 REVISION), INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION NO.600",AND TO THE PROVISIONS OF FLORIDA LAW. IF A CONFLICT BETWEEN THE UNIFORM CUSTOMS AND PRACTICE FOR DOCUMENTARY CREDITS AND FLORIDA LAW SHOULD ARISE,FLORIDA LAW SHALL PREVAIL. IFA CONFLICT BETWEEN THE LAW OF ANOTHER STATE OR COUNTRY AND FLORIDA LAW SHOULD ARISE,FLORIDA LAW SHALL PREVAIL. VENUE FOR ANY DISPUTES RELATING TO THE ENFORCEMENT OF THIS LETTER OF CREDIT SHALL BE PALM BEACH COUNTY, FLORIDA. (Name of Bank) BY: (Name) {Title} Page 14C Page 266 of 949 City of pskn Beach Gardens ITBZM6-HSS%5treeis Sweeping services SECTION S SAMPLE AGREEMENT FORMAT Below is the standard agreement format for this invitation to Bid. This is a sample agreement oniv and is subject to revisions. PLEASE DO NOT COMPLETE. AGREEMENT THIS AGREEMENT is hereby made and entered into this day of m , 20___, (the "effective date")by and between the City of Palm Beach Gardens,a Florida municipal corporation("City"), whose address is 10500 North Military Trail, Palm Beach Gardens, Florida 33410, and , a corporation (hereafter referred to as"Contractor"),whose address is WHEREAS, the City desires to retain the services of the Contractor to provide the goods and services in accordance with the City's invitation to Bid No. and the Contractor's response thereto,all of which are incorporated herein by reference. NOW, THEREFORE, in consideration of the mutual covenants and promises hereafter set forth, the Contractor and the City agree as follows: ARTICLE 1. INCORPORATION OF INVITATION TO BIO The terms and conditions of this Agreement shall include and incorporate the terms,conditions, and specifications set forth in the City's invitation to Bid No, -, and the Contractor's response to the Invitation to Bid,including all documentation required thereunder. ARTICLE 2. DESCRIPTION OF GOODS OR SCOPE OF SERVICES The Contractor shall provide the goods and/or perform those services identified in the specifications accompanying the City's Invitation to Bid,which are incorporated herein by reference. ARTICLE 3. COMPENSATION The City shall pay to the Contractor, in compliance with the Pricing Schedule attached hereto and incorporated herein,according to the terms and specifications of the referenced Invitation to Bid. ARTICLE 4. MISCELLANEOUS PROVISIONS a. Notice Format. All notices or other written communications required, contemplated, or permitted under this Agreement shall be in writing and shall be hand delivered, telecommunicated, or mailed by registered or certified mail (postage prepaid), return receipt requested, to the following addresses: Page 41 Page 267 of 949 City of Palm Reach Gardens ITB2016-065PS,Streets Sweeping Services L As to the City: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens,Florida 33410 Attn: City Manager Email: J. with a copy to: City of Palm Beach Gardens 10500 North Military Trail Palm Beach Gardens, Florida 33410 Attn: City Attorney Email, iii. As to the Contractor: Attn. Email: Ib. Headings. The headings contained in this Agreement are for convenience of reference only,and shall not limit or otherwise affect in any way the meaning or interpretation of this Agreement. C. Effective Date. The effective date of this Agreement shall be as of the date it has been executed by both the parties hereto. ARTICLE 5. CQNTRACTTERM This term of this Agreement shall be from the effective date through ,20, unless terminated earlier in accordance with terms set forth in the ITB. (Remainder of this page is intentionally left blank.) Page 142 Page 268 of 949 City of Pa Im fetich Gardens ITS2016-065PS,Streets sweeping Services IN WITNESS WHEREOF, the parties have executed this Agreement on the dates hereinafter written. CITY OF PALM BEACH GARDENS, FLORIDA [SEAL) By; Ronald M. Ferris,, City Manager ATTEST: By: Patricia Snider, CIVIC, City CLerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY By: R. Max Lohman, City Attorney Print Name4 CCDN� Q Title:vlc WITH By: Print Name: Page 1 43 Page 269 of 949 City of Palm Beach Gardens PTBZ016-065PS,Streets Sweeping Services SECTION 9 EXHIBITS 9.1 EXHIBITS Exhibit A—Streets Sweeping Locations and Areas Page 44 Page 270 of 949 City of Pairn Beach Gardens n`82016-065PS,Streets Sweeping Services SECTION 10 SOLICITATION SUMiMARY The City of Palm Beach Gardens 10500 North M111tary Trail Palm Beach Gardens,FL 33410 PURCHASING DEPARTMENT IMPORTANT NOTICE The information you provide on this page will be read aloud at the PUBLIC OPENING for this Solicitation. It Is VERY IMPORTA N'Tthat the summary information you provide below is exactly the same Information contained In your Bid. If subsequent to the opening of Bids, the Cfty determines that the information contained In the electronic version of your Bid is different from the info tion on this Solicitation Summary, the City reserves the right to deem your Bid NON-RESPONSIVE, and remove your Bid from further evaluation and consideration for contract award. BID INFORMATION Proposal Number, IT82016-065PS Title: Streets Sweeping Services Due Date and!,Tire. Friday, July 15, 2016 @ 3,:OOPM Name of Proposer: FL Address: Contact Person, Bid Amount: Group k Major Streets1116(W- W—CM00 Group B: Minor Street's - z%,=t Group Ci Parks/Parking - buVa_,:A,-4%,q1-00 ........... Authorized Signature' Data: By signing and submitting this Solicitation Summary, the Bidder affirms that the information provided above is an exact and correct summary of the information contained in the electronic version of the Bidder's Bid to the City of Palm Beach Gardens, NOTE: This Solicitation Summary must be signed and included as an ORIGINAL HARDCOPY In the envelope containing your Bid. Page Page 271 of 949 ... ........ CL mm 2, mri a 5 M c 5 u CY) x to ram CY) (n qt LLJ 0 0 L) W < a- LU Zu. C\A U.x 13 D U� Lui A 4 V) J co uj ui L < W M, 9Lra Cu L N 0 ui CL a) uj U Q z w OL 0) 4W 'a a — V cw 0 X 00 2 ix 9� u M LUtr T 2 F— 0 co a CN M X z () 0 S M M CLc IT5 cn, m W 157 E 1 Irk CIA UJ cogg uj Z 121 j 0 ca cn Ln U uj L- C) cli 0 < UJ z x 0 m q Lit kri < 0 < 0 F- FIJ f4 41 > Gr uj Lu Z U'l a o < T- uj(n- U E 0 0 - W zz�, M E Z Q EL 0 o� qa < ! 1dJJ tm tn z tz t: > 0 -1 tun uj , <1-k z z A LL LL rN U.1 E F'onn W-9 Request for Taxpayer Give Form to the (Rev.Dr-rember 201 4) requester.Do not Dopailmorn of ihe Treasury Identification Number and Certification send to the IR& I,tuo naI Reveriur,o•,rinvi(A 1 Nante as shown or,your ricorne tax returnj.Name Is required or,this Ire:do not leave this Ir.plank international Sweeping Inc.DBA Facilities Pro-Svveep 2 Bus,ness nameldisregarded entity name,if different from at ...................... ---—------- 3 Cneck appropriate box for federal tax clas"'ificatiorr Check only one al Wo 1030wing Seven oaxes: 4 Lxemplions icoc!es apply only to Copan entities,her individuals,see 0 Individual/some proprietor or Z71 C Corporation [I S Cotporaic, L—f Pannersklip F— [a re 1): 0 sing Twsvu Instructions on Page 3 gle-menniber LLC EKertipi payee ccide 0 anvI( 2,• 1,:]briniied liability compary,Cnter the tax das&ficajon iC--C CorDeratiOnL S,S co.,pora,,ion,P=parrnership�b- :3 Note.Por a ringle-mernipar LLC that is disregatcric,do not cnuck LLG:ceck the appropnaW box ire q)e inn above for Cxamption)mare;FAIMA reporting the:tax da'sSificaflon of me single—nannuar ownec rade it'any) Other isee mstructions,1- L L.2-112 -1—1 --I 5 Acinres',(number,sirrtt�t.and ipt,or sa,itn o.l Requesier's narne and address(opfibral) N Vista Parkway Unit:1 -12 6 C,ty orate,and ZIP cocie on West Palm Beach,FL 33411 7 Lsr:account number)f here lc>lntional) axpayer Identification Number(TIN) ........... Enter your 71N in thea0propriate box.The TIN nrovided rnust match the name given on line 1 to avoid Social security number backup withlbolding,For rndivjdualthe is geiterafiy your sDcial security number(SSN-However, for a -7- r-r,-sidenT alien,solp prolCreitcr,or d[sragarded act fly,SPA We Part I InStr'UMOPS Off page 13.For other 1 entties,it is your employe,identification number iE1W)-If you do not nave a number,see How fa 90 a TIN on page 1 or Note. 111 the account is in rnore that)one narne,see the insmictions for line 1 and thee,chart on page 4 lot Employer Identification number guidelines on whose number to enter. 0 0 7 0 3 2 4 1 Certification Under penalties of periury, I cerffy that: d. The number shown or,this foern is my correct Itaxpayar iderridicatior number(or I am waiting for a number to be issued to mel.and 2, 1 ant not subject to backup wirthholding because:(a)I am exempt from backup withlbroldmg,or(Cal 1 have not been notified by file internal Revenue Service([RS)inat[aim subject to backup withholding as a result of a fw[urer to report all interest or dividends,or fc)the IRS has notified me that I am ,io fonger subject to backup withholding;and 3 1 at—.a U S.citizen or other U,&person idefined be[QW:and 4 ['ne FA]CA codfe(sl entered on this form J11 m any)indicating that I aexempt from FATCA reporting is correct. Certification instructions,You nrust cross out item 2 above it you have been notified by the IRS that you are currently subject io backup withholding because you have failed to report alt interest and dividends on your tax return. For real estate Transactions,item 2 ones not apply, Fos mortgage interest paid,acquoslt=oo Cu abandonment of secured property,cancellation of debt,contribuuons to an individual retffernant arrangement(IRA),and generally,payrinems othe,than interest and 6vidends,you are nor required to sign the ceirrification,but you must provide your correct'TINSee the rnsiructions,on page 3, Sign Signature Go Q 4— k c> Here U.S.person 11- 4, ',,Akl� Date fir U •Form i,09B(home mortgage,nteop-m),1 098-F WdeW 156n rlt6r�,M),"098-T General Instructions jtwlion) &)vion ircle-ences are to Ow mernal Revon,.)@ Coop rinless offiermse rioted, Porm 1,094-C icanceiredoebt) Future developments.InTormation about developmems a4leciinq r-pffln W-9 18l-Crl, a Foun 1099-A iacauisilon ar abajtdannnenof securea PfoPenO as @gislation eraled after wia,teleetse in s ii,,'www.jrs.yov/nr,9, USe Form W-9 only,t you are a U.S,Poison(mciArng a es,denl ac en9 to Purpose of Form prcmae your Cori r,M TIN, I An I divlAuM 01 k1,41tity(form 14-9 requemerl w1ho!s requirad to No an Wo,rnal,on flyou do nor tmufn Forin VV-4 ro the riaquegm,uvonh a TIN,you rmghl be Subject to bachop withino0mgi,See eMal is backup pu&ojdtn9?Qr,page 2� ,akum Mh tr,,e IRS MUH,obtain yo,,i conec�iaxpayev denuk'-enop n,.,imver j7ft which may lue,ioor social secuTny'nurribe,rSSN7 InOv,,It�al taxpayer'joanhhcafion By signing.hc filled-orat forrn,you rur"iber(ITINI.adoplie-1 iaxpayer dertifidation r`urnbe,�(ATINJ-or employe, iclentification'nurroor IONIr to rapor.on an informiattoo return im�arnount paid to ertify that OieTIN you are giving rsr�orrect tor Von are wilifing Oor a nurnber In ury issurrd), yoll o,o'Jr r A.,no,,n4 on in lrlkwnairor towrn.Examples or oforrriaTior, fay urn mOU110,ME are not TMAed 10L the INIOW'flo 2,Certity tnat you an--not subol to backup wiiint)olding,or •Form 10,99-INITlinlereSI oarnaa or paod) 3,Olairn exernplion frorr,bacAup withl'oki,rig if you are a U,S.exempt payee.If applicable,you zee also acorlifying=i as a UZ.person.your allocable share of FcrsarinI OCNP-DIV dividends.including rhosrf-'from St(r"�krS or"ItirU-'31 iunrfs`f 'aU.S,grade- business�s not subtomjaci to tom partnership vicarno front grade-o Forv,I w,99-MIS)„ (varlaus Typeo,or jnc.ome,prrzeF�,awardsor grozrs proceejds) withholdlnQ t4m on fo,eqn pail n sr-,are of attacTivefy coni,ecied income area... •Form 10,99-B(stock or mutjal fund sahjs and eertam Other 1 ra r rac!Ions'by 4.Certify that FATCA r,odets)ririerRo on thrs forin(d anyt indicating that you aFe broker-,) exempt from The FATCA reporung.is conec),See What is FATCA raroornng?on •Form V)99-s(proceeds?rem real asftalc,lewlr$'actloml page 2 for further inlprmat,onL •Forni 1099-K(mwcnar=t cam and th,gCj partly retWOrK transactions! Ca, No, 10231X Form W�9 iRev.12-20 141 Page 273 of 949 INTER-7 OID:SIN CERTIFICATE OF LIABILITY INSURANCE IF DAIV f"WIDDIR 11" i 06/2312016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON 04DE THE CERTIFICATE HR, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING ENSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER, IMPORTANT: if the certificate holder Is an ADDITIONAL�INSURED, the oolicy(iesI must be endorsed, If SU ROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement an this certificate does not corner rights to the certificate holder in lieu of such enaforsemantjsl. PIRODUCER CONTACT - Brown&Brown of Florida,IncIINIAM.K, —,, _---—-------- Suite 400 PRONE _(AIC No A 1-686-2266 -686-2313 1401 Forum Way West Palm Beach, FL 33401 Nicholas D-iBattisto INSURERMI AFFORDING CO,V,E,FLAGE NAJC 9 INSURER A CrUrn &Forster Indemnit CD+ INSURED Intarn—a-6 `6-arsiVee in InC-. p 9 NSUREAS,United States Fire Ins Co+ 2755 N Vista Pkwy#112 .__ _........... West Palm Beach, FL,33411 INSURER C JN�bRFRCL_ WSURER E I IN S U,R R F COVERAGES CERTIFICATE NUMBER° REVISION NUMBER: THIS IS TO CERTIPY THAT THE POLICIES OF INSURANCE L.IST5,D RFLOW HAVE BEEN Ts_s_ €D TO THE INSURED NAMED ABOVE FOR THE POLICY DERIOD INDICATED NC)TWTHS-AN DING A,LJw REQUIREMENT, TERM OR, CONDITION OF AN'Y CONTRACT OR OTHER OOCUMENT MTH RESPECT TrD VVIHICH THIS C�ERIJLI PICATE MAY 13A ISSUED OR 10AY PERTAIN 'THE 3NSURANCE AFFORDED BY THE POLICIES DESCRIBED HFRFHN is SUBJE�GT TO Ai_I., 'HE,TERM& LXCLUSIONS ANDCC)NDiTiONS OF SUCH POUCIES LIMITS SHOD AN MAY HAVE BEEN REDUCED BY PAID CLAIMS JNSR Lf'R. TyPf OF I N SURA N C E A ,000,000 100,066 s,ma '000,000 X OPqERAL AGGREGATE S 21G00,000 POLIC, "Di", PROD;J0 1 COMR110F AGG S 2,000,000 ,THEE 'Emla Sen. S Excluded AV TOM 4&I LL LJ ASW�( i CUMBINED SIRMkcIM I 1,000,DOO ALFA 15068852317 054412016 0612212017 I 8001L1 INJURY 4 a Pars In! S AuTF,6 A iLJ I'CS BODILY INJLRY orler 9100orl) X I ijqED iv-,r,,� V X U M FRIEL LA L IA 0 I t4 X U IQ �CJ 4 OCC 1,000,00() E 'URRENCE 4 E X CES 5 L 1A 8 $238043371 0612W2016 06 2Sr417 1,000"4o DEE X 0 WO OM KERS CPENSA'VION AIND LAIPLOYERSL L'IA811 11-y YiN H Awr r ICERIMEMBERFXCLUD E L rACH ACCOSNT JFF Mandatory to NH)' EJ E L DIS�fA'51E-EA EMPLOYE.E; S E L 01,SEASE-P01 hCt_JMIT iS DESCRIPTION OF OPERATIONS)L DCATONS t vEJAICLES jAC-OR9 16,Addlbnnai Rdfllffiilla GOoduja,may b.Wmachoo if mom spa"is mqulrvdl CERTIFICATE HOLDER CANCELLATION INTER-1 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE International Sweeping THE EXPIRATION DATE THEREOF. NOTICE WILL BE DELIVERED IN diad Facilities Pro-Sweep ACCORDANCE WITH THE POUCY PROVISIONS, Unit 112 2765 N.Vista Parkway AU TH OWED REPRESENTA ME West Palm Reach,FL 33411 Q 1988-2014 ACORD CORPORATION. Ali rights reserved, ACORD 25(2014MI) The ACORD name and Ingo are registered marks of ACORD Page 274 of 949 DATE[MkVDDNyY'y',, CERTIFICATE OF LIABILITY INSURANCE 03103/2016 THIS, CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO, RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NE ATiVE1 Y AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 4ELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S). AUTHORIZED PRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ° If the cerUficate holdef is an ADDITIONAL INSURED, the pofiCY(leS) P"Ust be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the PofiCY, certain policies May require,an endorsement. A statenrient on this certificate does not comer rights to the certificate holder in Ifeui of such endorsernent(s), PkODUCEP ................. PHONE i ra Bouchard lwsurarrre[of,(xAdvartage (727) 447-6481 (A�c,No): (727)1449-1126"1- loo Skarcrest Drive I,MAIL (,'Ioarwater, FL 33758 ADDR,k5 .......... INSURER(S'AFFORDING COVERAGE MAIC 4 INSUREP A Arnptfcairl Urich Insurance CorIipA1ry_—_ 2 INSURER B Ing Inc dba: INSURER C ............ CoAdvantage Corptitation Alt. Enip, lniernaik�)na Swcep FpjcdihP9 PrO SI p I N 5 U PI 33-50 BuschwootJ Pw'k Drive 0200 11 1111-11ITP,rl— T a IF)pa,F L 3 2161 trs ItttR E INSURER F: COVERAGES CERTIFICATE NUMBER 16FI-0909075HI REVISION NUMBER:, THIS,, IS TO CFR`LfY THAT THE POLICIES OF INSURANCE LIS ITO BELOW HAVF BEEN ISS�A-D,JO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED, N0T%V'CFH1.sTANDfNG ANY PEQUIREMENT, TERM OR CONDITION OF ANY CONT, CT OR OTHER DOCUMENT' WITH RESPECT TO,WHWH THIS CERIAFIGAIE MAY BE ISSUED 0[j MAY PFIRTAIN, IFIE INSURANCE AFFOR'bED BY 1-1-it PrIElic-IFS OECRIBCD HEREIN 15 SrtEtJrC7' TO Al-L TrIr- TFAIMS, EXCLUSIONS ANDCONDITIONS UI'SLjCH POLICIES.LIMITS SHOWN MAY HAVE i*EfV RYD{WFD BY PA0CLAIMS, --------------- LIM IS GENERAt 'Ek' I,AGGREPA'Ti,LIMIT AF;PILIE17 tj -- I PRO --11 " t, : pkCDFjC1'1COPAPMV A S POLICY LOC 0 T H F.f4 17, .............. 90DILY INJURY(Per pwvAl) �OAI IN Y A,U11'T 0 y NEE) BODILY 1N JUacddemI Aj� Y DAMAGF -11REDAUT05 AUTOS NON-AU'TO0S909TIFI) *Q1,104ii) 1 1 EAcri OCCURAENCE r, i UMBRELLA LtlAb OCCUR ........ Ar,GREGATE XCFSS LIA8 CLAIMS-MADE ............... 4- -4— --1 - ETENTION 1VORKERS GOMIIENSAI�ON x STATLT�..............EP,_ I AND 1.MPLOYEPS'LIABILI"rY YiN E L EACEj ACC]DrN'T 5 1,000,00 ANY PRO PRIETOR)PAPTNt Rffl,�ECU'r NT N(A WC 56-11-942-02 04101,?2016 EIW011201� - : - - " --— ,------- — - A OFF CERMEMSEPE XCLIJOE 01 E L DISFASE-IA EMPLOYEC S 1,000,00 runt 011 dr�writx'undw I F U�5 E ASE•P'0L(CY L OAT I_S1 kXg D sr RiPTiON 01�( Location covwage Period; 04101/2016 04ffl1/201)fCROF10 19980 hs I X, OpF - - 'Q -1.01ks Schedule,ma iwj T mom spaco,5 r�mijimlj� ,pAF�ON S L 0,- y Fn'%CRIPFICM OF CATIONS(,Vd'fIiLE5 JA C,W D A 01,Ad�j a I00,a I Prep coverco I,,providpol ft)r t1j,-(jt)a� Facilities Pro, Sweep of oy E1,10, 7 al Ilkivy NSIe 112 .�e c 4�_en,Fil Gy oil bur not subcouira L fior-� West pairr, Beach,FI-33411 CERTIFICATE HOLDER CANCELLATION Jjjt0I'jjaj](:)haI-SWeepir�Jgr Inc, SHOULD ANY CIF THE ABOVE DrSCRIBED POLILIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED M dbw Facilities Pro Sweet, AC C OR D ANCE WIT H IT11 E POLICY P R ov I St ONS 275fif Vista Pkwy NSle I�12 West Palmi Beach, FL 33411 AIJ T I 1091W)REPRESENTATIVE —C,,1988.2014 ACCPD CORPORATION, All rights reserved ACORD 25 r2014J011 The ACORIT name and loqo arp,registered marks of ACORD Page 275 of 949 FACILITIES =;W� = P,Qwt*r awvlcws.powel a 'S �exp e" " 4 7°puaf*d 14amo for Over 20 dew, Alessandro Correa International Sweeping Inc. dba Facilities Pro-Sweep 2761 Vista Parkway Unit E-7 West Palm Beach FL. 33411 561-616-6363 t ` °r i cl tclsa September 24, 2021 City of Boynton Beach Public Works 22.2 NE 9`h Ave. Boynton Beach FL. 33435 To Whom it May Concern: This letter is to inform you that we agree to allow the City of Boynton Beach to piggyback off the Palm Beach Gardens contract for sweeping services#ITB2016-065PS. The contract has been renewed for an additional five years with a price increase per mile of$24.08. The City of Boynton Beach will be charged monthly starting October 151,2021, a new amount of$5,682.88 for two sweeping services per month reflecting the increase of$24.08 per mile. Sincerely, Alessandro Correa t A 2761 Vista Parkway Unit E-7 West Palm Beach,Florida 33411 Palm Beath 561 616 6363- Treasure Coast 772 337 2300—Fax 561616 6364 Page 276 of 949 Greco-Arencibia, Adrianna From: Certificate of Insurance Sent: Friday, September 24, 2021 12:48 PM To: Greco-Arencibia, Adrianna, Certificate of Insurance Subject: RE: Facilities Pro Sweep - COI, Extension, Letter of Authorization Good afternoon, This COI has been reviewed and accepted by Risk.Thank you! Respectfully, Richard From:Greco-Arencibia,Adrianna Sent: Friday,September 24, 202111:43 AM To:Certificate of Insurance<COI@bbfl.us> Subject: Facilities Pro Sweep-CO1, Extension, Letter of Authorization Please review the attached COI and if it meets City requirements.ents. Thank you Adrianna Greco-Arencibia Assistant to Director Public Works-Solid Waste Mailing Address: P.O. Box 310 1 Boynton Beach, Florida 33425 _— Physical Address:222N.E. 9th Ave. I Boynton Beach, Florida 33435 ----.mm _----_J 561-742-6596 I 561-742-6211 Greco-ArencibiaA@bbfl.us I h boynton-beach.org/ ? V 5 Please be advised that Florida has a broad public records law and all correspondence to me via email may be subject to disclosure. nder Florida records law, email addresses are public records.Therefore,your e-mail communication and your e-mail address may be subject to public disclosure. From:Thais Correa a ira,} _-. ______...... Sent: Friday,September 24, 202111:26 AM To:Greco-Arencibia, Adrianna <Gre�, ArencibiaAr, ,bi)f'!,u,,-;> Cc:ServiceWPB< f 1.1 y L1,a c i I ii e sli r eep,c o ir u:..fi> Subject: RE: Facilities Pro Sweep-COI, Extension, Letter of Authorization Good imorning .Adrianna, Please fiend attdched the f6flowing requested documents: Certificate. of Insurance Renewal between our company and the CityofPala Beach Gardens for an additional fivre s years, rrcntla 1 Page 277 of 949 INTESWE-01 LAFREWCC ACORO' DATE IMMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE i516!2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. a e... ..................._ _-_ IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL.INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer nights to the certificate holder In lieu of such endorsement(s). Nm PRODUCER coN dcr�Genheve Lawrence N M 3#Insurance Office of America P�HMON� FAX 2056 Vista Parkway Suite 350 E q NLo,Ext):(5fii)868-9012 rc (A ,No):(561)868-9001 ;West Palm Beach,Fl-33411 ADDRESS.Genheve.Lawrence@ioausa.com INSURER(5)AFFORDING COVERAGE NAIC# ' INSURER A;Monroe Guaranty Insurance Company 32506 INSURED INSURER':FCCI Insurance Company 10178 International Sweeping,Inc,dba Facilities Pro-Sweep INSURERC:Insurance Company of the West -27847 P.O.Sox 220896 INSURER V:AIG Specialty Insurance Company 26883 West Palm Beach,FL 33422 INSURER E: INSURER F: - �.....a.�. COVERAGES CERTIFICATE NUM_ER, _� REVISION NUMBER: I THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQU€REMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE... vaa POLICY NUMBER QF,p ,fflI ,DO—Yw .. „,.... , A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE 5 11,001)006 CLAIMS-MADE X OCCUR X GLI00067123-01 511012021 511012022 'PREM SES GE EaE�encs) S 100'000 X Employment Practice MEpEXP(Any ane person) S 5'000- PERSONAL BAOVINJURY 5 1,000,000"! GEN'LAGGREGATE LIMIT APP_LIE_SPER: GENERAL AGGREGATE .$ 2'000'000.' t X POLICY SE LOC PRODUCTS-COMP/OPAGG 5 2,000,0001 OTHER: EPLI S 100,000 �.._ --'m'-'- --- CCMBIN DSINGLFLIMIT 1�ODD,ODO.. B AUTOMOBILE LIABILITY (EB.acodent) _5 p ANY AUTD CA 100057124 5/10/2021 5/10/2022 BODILY INJURY(Per person) S Y OWNED SCHEDULED AUTOS ONLY X AUTOS y,/� sQpLY INJURY(Per accident),S X AUTDS ONLY X AUTOS ON� _�Pepacr�Gan1AMAGE 5 ®..___. w...:� ....., _. I3 X UMBRELLA LIAR X OCCUR EACH OCCURRENCE 5 1,0003000.:. EXCESS LIAB CLAIMS-MADE UMB100057125-01 5110/2021 5/10/2022 AGGREGATE $ 1'000'000 DED X RETENTION$ 10,000 Personal injury 1,000,000 .CAND CON EMPLOYERS LIABI OTY v... .. X_STATUTE ER .--_ WFL 5047662 02 5/10/2021 + 5/10/2022 1,000,000 ANY PROPRIETORIPARTNERIEXECUTIVE YIN - E.L.EACH ACCIDENT 5 QFFICEwMEIMR EXCLUDED? NIA 1,666,000! [mandatary n ] E.L.DISEASE-EA EMPLOYEE 5 If yes,describe under 1,000,000: DE ns, .. __n_, -E,L.DISEASE-POLICY LIMIT $ ,.„ D Pollution Liabilty CPO 13409629 511012021 5/10/2022 Each Occurrence 1,006,000 D CPO 13409629 5110/2021 5110/2022 Policy Aggregate 1,000,000 .... DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,AddAlonal Remarks Schedule,may be attached if more space is required) If required by written contract,the following apply in favor of Certificate Holder:General Liability:Additional Insured Form#CGL 084 1013 I I CERTIFICATE HOLDERCANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. ` AUTHORIZED REPRESENTATIVE City of Boynton Beach 100 E Ocean Ave S�aylttori.� a..l=L.3�4 __ ............ ..... ........ _.I. ......... ..... ��.__. �_..... _ .,; ACORD 25(2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 278 of 949 6.E. Consent Agenda 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Approve and authorize the Fleet Maintenance Division of Public Works to dispose of thirty-nine (39) surplus vehicles and equipment using various means such as JJ Kane on-line auction and GovDeals.com. Explanation of Request: Fleet Maintenance Division recommends thirty-nine (39) items to be disposed at auction utilizing various means. Fleet Maintenance Division has verified the vehicles are no longer of use and/or have exceeded their life expectancy. All proper documentation for disposal has been completed and the proceeds from the sale will generate revenue for the Fleet Maintenance Fund. How will this affect city programs or services? The disposal of obsolete, damaged and surplus vehicles/equipment will remove the need to store the items, and allow the Finance Department to remove the items from the City's fixed asset records. Fiscal Impact: The revenue generated from the sale of surplus vehicles/equipment will be placed in the Fleet Maintenance Fund, and credited to the account#501-2516-519.64-33. The funds are use for the future procurement of vehicles/equipment. Alternatives: To hold public auction with staff which has been done in the past. After expenses, this has not provided cost effective results for the City. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Page 279 of 949 Vendor Name: Various Vendors Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type Description Attachment Vehicle Surplus List Page 280 of 949 CL w w C w w C w w w a a a w w w w w w w w w w w w # J J O J J O O J J J O O O J O J J J J J J J J O J J J C1 y y u y y u u y y y u u u y u y y y y y y y y u y y y 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O H H H H H H c H O O O O O O C O c c c c r r r �C HO r r W W u W W u u W W W u u u W u W W W W W W W W u W W O O O O O O O O Z Z Z Z Z Z Z Z v] co d' M co O O O O M O M 03 >n >n Cl Cl -1 M O co >n v] O� r1 -1 -1 Cl Cl Cl O O O O� O O O O O O O O O O Cl O� O� N N N N N N N N N N N N N N F F F CG CG Ca V N z O O O L a w O O O O a a CG O �- Ca X F V Ca L L Ca O 0. L W CG W L N N Q F :1 . o 0 0 o 0 o w x H W z a r� r� r� z z F H z p z o N W v W N `F" F z W F� F� F� W W Q H � W Ca v cG cG cG F cG �i w O ZO 0 0 0 0 a n a o O O O w w V o v O > C7 C7 V H o In oo v v v In O z o w a v w w w x x w V o o W V ¢ o z z z >n w w w w w N N � w v .rl a f Ln C) n N O r--1 L� M r-1 c-1 co M d' N Ln -1 N -1 N \c O O d' N d' rl N N M O O r-1 N d' Cl Cl r1 M � � n Cl >n O A � �--1 �--1 O O Cl Cl M O Cl v] v] Cl -1 -1 --1 --1 --1 v] Ln --1 O N i+y �--1 -1 N N N N N d' 03 d' d' V] co co co co co co co co03 VL N O Cl LO r--1 O v] N M Ln rl r-1Ln -1 Ln M co m �m co rl 03 � dam' >n Ln 03 M d' �O O O O� O� co � rl Q. O M Cl ClN m cli CIA CIA r-1 a l a l r-i �O d' O� rl r-1 r-1 d., d. M \O 03 M M r--1 N M CO r--1 �--1 j V V O O O M .V ak Lnn 00 w m 00 < rn 0 w w - N rn o v N M r--1 d' �O rl Ca N d' x0 �, .Y, O O O O O "4 O N N � t+ N N a .'Y, d" W W W Ln N� �C O �'"1 M M M N O O W ^.0 N t� Q W Cl O O r-1 r-1 C7 Q d 'T = W M M N CO CO CO CO � �. ,� M m N 0., M d' 00 r-1 r-1 O N �--+ CO N M 1� 0., W V C.7 cn cn F `, N In N Q Ca V z CO CO CO W z N V cn cn cn - - .a m V CO Q w W w c7 c7 c� c7 c7 c7 F" w w c7 cG cG cG a F c7 c7 w y y bA bA J J J J J O J O J J J J U1 U1 U1 U1 U1 *' U1 *' U1 U1 U1 U1 U U U U U G! U G! U U U U N N w w w w N N N N N O O O O O O O O O O O O C C C C C O C O CC C C W W W W W U W U W W W W Z Z 4 O N co N N Ln Ln Ln Ln o o O o t\ Ln rn Ln 0 0 0 0 0 0 0 0 0 o O O H N N N N N N N N N N N N Q' Q CG CG W W L w Ca O 0 0 0 0 0 0 Ca O a InIn a W Ca W W W W W W r1 O x a `In w z Ca w w w w w a v ¢ w w r� z z z z z z o o z H < � v v v v v v a N z W O O a a a a a a O v cG - F" 0 0 0 0 0 0 > W F" E < J < ca ca ca ca ca r� x " z a V w 000000 �, v � w o w � W �c Ln � L` co nn Lnn LLnn � -1 m O rn r- r- Ln Ln Ln Ln Ln 110 O `O O Ln rn Ln d d d d d d N r-I r r ri O� M coM �O to M "oN to `O d' to d' O O� O� to to t- to r-1 M t- M t- O� Nd' M � C, d' Mr- O C w w wwwwc� c7 � o � w x w U O Ln ri d cli X w C L a W o < O N N N N N N cn ¢ N N w w w w w w Q m Ln U N N N N N N N N �n ..• N ..• N .• N � .-' O O O x 0 0 0 0 0 0 m c C7 B 6.F. Consent Agenda 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution R22-053- Approve and authorize the Mayor to sign an ARPA Subrecipient Grant Agreement with Feeding South Florida to administer the remaining $100 gift cards to families experiencing food insecurity due to the COVID-19 pandemic. Explanation of Request: At the September 8, 2021 City Commission Meeting, the City Commission approved $60,000 of ARPA funding to purchase 600 ($100) gift cards to incentivize the public to get vaccinated. The vaccine incentive gift cards were approved in conjunction with a vaccine event held at the Ezell Hester Center on September 18th from 8arrF6pm with a follow up event on October 16, 2021. Here is a break down on the amount of gift cards distributed at both vaccine events: - 9/18/21 - 148 $100.00 gift cards distributed - 10/18/21 - Five (5) additional $100.00 gift cards distributed - 10/18/21 - The City drew a name for a $500.00 raffle. This was awarded and five (5) $100.00 cards were given out. The City currently has 442 $100 gift cards left to provide. These gift cards also have an expiration date of September of 2022 before fees start accruing. As the vaccination rate and access to vaccines has increased, the incentive to get vaccinated has become less of a motivating factor. There is still a critical need in our community for food assistance as many families have been disproportionately impacted by the pandemic and have limited access to nutritious food. Staff is recommending the remaining 422 $100 gift card be reallocated to support food assistance in the community. If approved, Feeding South Florida will distribute the gift cards to beneficiaries that have been negatively impacted by COVID-19. Feeding South Florida has the ability and resources to administer the gift cards efficiently to those individuals and families who have been economically impacted by the pandemic. How will this affect city programs or services? N/A Fiscal Impact: Use of ARPA funds. Alternatives: Strategic Plan: Strategic Plan Application: Page 283 of 949 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving ARP A Subrecipient Agreement with Feeding South Florida D Agreement Subrecipient Agreement- Feeding South Florida D Attachment Scope of Services- Feeding South Florida Page 284 of 949 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN ARPA 5 SUBRECIPIENT GRANT AGREEMENT WITH FEEDING SOUTH FLORIDA 6 TO ADMINISTER THE REMAINING $100 GIFT CARDS TO FAMILIES 7 EXPERIENCING FOOD INSECURITY DUE TO THE COVID-19 PANDEMIC; 8 AND PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the COVID-19 public health emergency has created negative economic II impacts across the globe, especially to small businesses and entrepreneurs facing financial 12 insecurity, substantial declines in gross revenues, and those with less capacity to weather 13 financial hardship such as the smallest businesses and business start-ups with less access to 14 credit and those serving disadvantaged communities; and 15 WHEREAS, The American Rescue Plan Act (ARPA) was signed into law on March 11, 16 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal 17 Recovery Funds (CSLFRF); and 18 WHEREAS, at the September 8th City Commission Meeting, the City Commission 19 approved $60,000 of ARPA funding to purchase 600 ($100) gift cards to incentivize the public 20 to get vaccinated; and 21 WHEREAS,The City currently has 442 $100 gift cards left which have an expiration date 22 of September of 2022 before fees start accruing and since the vaccination rate and access to 23 vaccines has increased, the incentive to get vaccinated has become less of a motivating factor; 24 and 25 WHEREAS, since there is still a critical need in our community for food assistance as 26 many families have been disproportionately impacted by the pandemic and have limited access 27 to nutritious food, Staff is recommending the remaining 422 $100 gift cards be reallocated to 28 support food assistance in the community; and 29 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 30 residents to approve and authorize the Mayor to sign an ARPA Subrecipient Grant Agreement 31 with Feeding South Florida to administer the remaining $100 gift cards to families experiencing 32 food insecurity due to the COVID-19 pandemic. S:ACA\RESO\Agreements\ARPA Subrecipient Agreement with Feeding South florida(Gift Cards)-Reso.docx I Page 285 of 949 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 34 BOYNTON BEACH, FLORIDA, THAT: 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 39 authorize the Mayor to sign an ARPA Subrecipient Grant Agreement with Feeding South Florida 40 to administer the remaining $100 gift cards to families experiencing food insecurity due to the 41 COVID-19 pandemic, a copy of the Agreement is attached hereto as Exhibit "A". 42 Section 3. This Resolution will become effective immediately upon passage. 43 PASSED AND ADOPTED this 5th day of April, 2022. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor—Ty Penserga 48 49 Commission —Angela Cruz 50 51 Commissioner—Woodrow L. Hay 52 53 Commissioner—Thomas Turkin 54 55 Commissioner— District 4—Vacant 56 57 VOTE 58 ATTEST: 59 60 61 62 Crystal Gibson, MMC 63 City Clerk 64 65 66 (Corporate Seal) S:ACA\RESO\Agreements\ARPA Subrecipient Agreement with Feeding South florida(Gift Cards)-Reso.docx 2 Page 286 of 949 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and FEEDING SOUTH FLORIDA THIS AGREEMENT entered into this day of 20_ is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and Feeding South Florida hereinafter referred to as "the SUBRECIPIENT," having its principal office at 4925 Park Ridge Blvd., Boynton Beach, FL 33426 and its Federal Tax Identification Number as 59-2097520 WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A—Coronavirus State and Local Fiscal Recovery Funds. 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on {00499696.1306-9001821} Page 1 of 11 Page 287 of 949 advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Forty-Four Thousand Two Hundred Dollars and 00/100 ($44,200.00) in the form of gift cards. The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Forty-Four Thousand Two Hundred Dollars and 00/100 ($44,200.00) in the form of gift cards. It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in {00499696.1306-9001821} Page 2 of 11 Page 288 of 949 full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. 3.2 SUBRECIPIENT shall make timely, accurate, and complete reports and records required by this Agreement and shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from April 11, 2022 to December 31, 2024. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. {00499696.1306-9001821} Page 3 of 11 Page 289 of 949 ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre-approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. {00499696.1 306-90018211 Page 4 of 11 Page 290 of 949 The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35.6 Treasury Department Interim Regulations, Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLFRF Compliance and Reporting Guidance. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPI ENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting requirements will be based upon the SUBRECIPIENT'S risk assessment and in compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated {00499696.1 306-90018211 Page 5 of 11 Page 291 of 949 requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E —Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY 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 Agreement. 9.9 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. {00499696.1 306-90018211 Page 6 of 11 Page 292 of 949 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in partwith funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. {00499696.1 306-90018211 Page 7 of 11 Page 293 of 949 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. {00499696.1 306-90018211 Page 8 of 11 Page 294 of 949 d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT 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 Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this _day of 20_. WITNESSES: By: Print Print Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this day of 20_, by {00499696.1306-9001821} Page 9 of 11 Page 295 of 949 Personally Known OR Produced Identification_Type of Identification Produced Seal NOTARY PUBLIC Signature Print {00499696.1 306-90018211 Page 10 of 11 Page 296 of 949 of 10 ATTEST: City Clerk Approved as to form: City Attorney CITY OF BOYNTON BEACH, FLORIDA By: M a y 0 r {00499696.1306-9001821} Page 11 Page 297 of 949 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT"A"-SCOPE OF SERVICES Project Name: Food Assistance Gift Card Program ARPA Funding Household Assistance: Food Programs EC 2.1 Priority: Project Location: 4925 Park Ridge Blvd, Boynton Beach, FL 33426 Project Manager: Sari Vatske, Executive Vice President Company: Feeding South Florida Tax ID: 59-2097520 Contact Name: Sari Vatske Contact Email: svatske@feedingsouthflorida.org Contact Mailing 2501 SW 32 Terrace, Pembroke Park, FL 33023 Address: Project Description Distribute gift cards to LMI individuals for food assistance. Deliverables: Metric: Number of gift cards distributed. (Metrics/Outcomes) Outcome: All gift cards are distributed. Payment Terms: Advance payment. Proof of eligibility for LMI beneficiaries of Gift Cards must be provided with the quarterly reports for the reporting period in which they were distributed. All quarterly reports and corresponding eligibility documentation must be provided to the ARPA Project Manager at leieunec@bbfl.us no later than 4:00 pm on the 15th day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: April 11, 2022 Project End Date: December 31, 2024 Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to date. • All eligible expenditures of ARPA funds received from the City each quarter and total to date. • All documentation for eligibility of beneficiaries. • All metrics and outcomes for each quarter and total to date. Quarterly Reporting Schedule Report Year Quarter Period Covered Due Date 1 2022 1 January 1—March 31 April 15, 2022 2 2022 2 April 1—June 30 July 31 July 15, 2022 3 2022 3 July 1—September 30 October 15, 2022 4 2022 4 October 1—December 31 January 15, 2023 5 2023 1 January 1—March 31 April 15, 2023 6 2023 2 April 1—June 30 July 31 July 15, 2023 7 2023 3 July 1—September 30 October 15, 2023 Page 1 of 2 Page 298 of 949 8 2023 4 October 1—December 31 January 15, 2024 9 2024 1 January 1—March 31 April 15, 2024 10 2024 2 April 1—June 30 July 31 July 15, 2024 11 2024 3 July 1—September 30 October 15, 2024 12 2024 4 October 1—December 31 1 January 15, 2025 BUDGET Food Assistance Gift Card Program 442 Gift Cards @ $100.00 each $44,200.00 Total Budget $44,200.00 Page 2 of 2 Page 299 of 949 6.G. Consent Agenda 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-054-Approve and Authorize the City Manager to piggyback and sign Agreement with Johnson Fire Controls Fire Protection LP for Alarm/Sprinkler Monitoring, Inspections, and Services piggy-backing the Sourcewell Cooperative Purchasing Contract RFP No. 030421 with an estimated annual expenditure of$50,000. Explanation of Request: In order to maintain Facility Security Systems, Equipment, and Software with Related Services, the City's Public Works Department is requesting the City to enter into an Agreement with Johnson Controls Fire Protection LP to perform Alarm/Sprinkler Monitoring, Inspections, and Services. Johnson Controls Fire Protection LP has agreed to allow the City to piggyback the Sourcewell Cooperative Purchasing Contract for Facility Security Systems, Equipment, and Software with Related Services pursuant to RFP No. 030421 to provide Alarm/Sprinkler Monitoring, Inspections, and Services with an estimated expenditure of$50,000.00 annually. Piggybacking is a standard practice in procurement whereby government entities can utilize contracts already negotiated by other other government entities to exact the same terms and pricing from vendors for goods and services. The City's Purchasing Policy allows for the utilization of this method of procurement. Piggybacked contracts allow multiple government entities to benefit from competitively solicited bids, providing for better buying power and access to products. This method is encouraged when it is determined that it will provide the best product/service at the best price without compromising any of the specifications or quality desired. Term: April 30, 2021 through April 22, 2025. How will this affect city programs or services? The National Fire Protection (NFP) Code and the Fire Department requires that fire alarm and sprinkler systems in all City facilities be annually monitored and inspected. Failure to meet these requirements would result in receiving violation notifications from the Fire Department and would render the systems ineffective. Fiscal Impact: B udgeted 001-2511-519.49-17 001-2612-571.46-20 401-2821-536.49-17 401-2811-536.49-17 Alternatives: The City of Boynton Beach could issue their own bid, but would likely receive higher pricing. Strategic Plan: Page 300 of 949 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving Agreement with Johnson Controls D Agreement Agreement- Johnson Controls Fire Protection LP D Contract Source II Contract RFP#030421 Page 301 of 949 1 RESOLUTION NO. R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN 5 AGREEMENT WITH JOHNSON FIRE CONTROLS FIRE PROTECTION LP 6 FOR ALARM/SPRINKLER MONITORING, INSPECTIONS, AND SERVICES, 7 WITH AN ESTIMATED ANNUAL EXPENDITURE OF $50,000.00; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, the National Fire Protection (NFP) Code and the Fire Department 11 requires that fire alarm and sprinkler systems in all City facilities be annually monitored and 12 inspected; and 13 WHEREAS, in orderto maintain Facility Security Systems, Equipment,and Software with 14 Related Services, the City's Public Works Department is requesting the City to enter into an 15 Agreement with Johnson Controls Fire Protection LP to perform Alarm/Sprinkler Monitoring, 16 Inspections, and Services; and 17 WHEREAS, Johnson Controls Fire Protection LP has agreed to allow the City to 18 piggyback the Sourcewell Cooperative Purchasing Contract for Facility Security Systems, 19 Equipment, and Software with Related Services pursuant to RFP No. 030421 to provide 20 Alarm/Sprinkler Monitoring, Inspections, and Services with an estimated expenditure of 21 $50,000.00 annually; and 22 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 23 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 24 approve and authorize the City Manager to sign an Agreement with Johnson Fire Controls Fire 25 Protection LP for Alarm/Sprinkler Monitoring, Inspections, and Services, with an estimated 26 annual expenditure of $50,000.00. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 28 OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 30 as being true and correct and are hereby made a specific part of this Resolution upon 31 adoption. 32 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 33 approves and authorizes the City Manager to sign an Agreement with Johnson Fire Controls S:\CA\RESO\Agreements\Agreement with Johnson Controls-Reso.docx -1 - Page 302 of 949 34 Fire Protection LP for Alarm/Sprinkler Monitoring, Inspections, and Services, with an estimated 35 annual expenditure of $50,000.00, a copy of the Contract is attached hereto and incorporated 36 herein as Exhibit "A". 37 Section 3. That this Resolution shall become effective immediately. 38 PASSED AND ADOPTED this 5th day of April, 2022. 39 CITY OF BOYNTON BEACH, FLORIDA 40 YES NO 41 Mayor—Ty Penserga 42 Commissioner—Angela Cruz 43 Commissioner—Woodrow L. Hay 44 Commissioner—Thomas Turkin 45 Commissioner— District 4 - Vacant 46 VOTE 47 ATTEST: 48 49 50 Crystal Gibson, MMC 51 City Clerk 52 53 54 (Corporate Seal) S:\CA\RESO\Agreements\Agreement with Johnson Controls-Reso.docx -2- Page 303 of 949 AGREEMENT FOR ALARM/SPRINKLER MONITORING, INSPECTIONS AND SERVICES This Agreement is made as of this day of April, 2022 by and between JOHNSON CONTROLS FIRE PROTECTION LP with a principal address 6600 Congress Ave., Boca Raton, FL 33487-1213 and THE CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Avenue, Boynton Beach, FL 33435, hereinafter referred to as "City". RECITALS WHEREAS,in order to maintain Facility Security Systems,Equipment, and Software with Related Services, the City's Public Works Department is requesting the City enter into an Agreement with Johnson Controls Fire Protection LP to perform Alarm/Sprinkler Monitoring, Inspections and Services; and WHEREAS, Johnson Controls Fire Protection LP has agreed to allow the City to piggyback the Sourcewell Cooperative Purchasing Contract / Facility Security Systems, Equipment, and Software with Related Services contract pursuant to RFP No. 030421 to provide Alarm/Sprinkler Monitoring,Inspections and Services in the amount of$50,000.00 annually based on RFP No. 030421 for a four(4) year term commencing 04/22/2021 through 04/22/2025; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: AGREEMENT Section 1. The foregoing recitals are true and correct and are hereby incorporated in this Agreement. Section 2. The City and Johnson Controls Fire Protection LP agree that Johnson Controls Fire Protection LP shall provide Alarm/Sprinkler Monitoring, Inspections and Services in the amount of $50,000.00 annually based upon the Sourcewell Cooperative Purchasing Contract / Facility Security Systems, Equipment, and Software with Related Services contract pursuant to RFP No. 030421 for a four (4) year term commencing 04/22/2021 through 04/22/2025, a copy of which is attached hereto as Exhibit"A", except as hereinafter provided: A. All references to the Sourcewell Cooperative Purchasing Contract / Facility Security Systems, Equipment, and Software with Related Services contract 4030421 shall be deemed as references to the City of Boynton Beach. 100502314.1 306-90018211 Alarm/Sprinkler Monitoring, Inspections and Services PW22-032 Page 304 of 949 B. All Notices to the City shall be sent to: City: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Telephone: (561) 742-6010/Facsimile: (561) 742-6090 Copy : James A. Cherof, City Attorney Goren, Cherof, Doody & Ezrol, PA. 3099 East Commercial Boulevard, Suite 200 Fort Lauderdale, FL 33308 Telephone: (954) 771-4500 Facsimile: (954)771-4923 C. The following terms and conditions are hereby incorporated into the Agreement: PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records,provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. 100502314.1306-90018211 Alarm/Sprinkler Monitoring, Inspections and Services PW22-032 Page 305 of 949 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list,not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term,the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. E-VERIFY 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. a. Definitions for this Section. i. "Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, suplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. ii. "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. 100502314.1 306-90018211 Alarm/Sprinkler Monitoring, Inspections and Services PW22-032 Page 306 of 949 iii. "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 eli_ig bility of newly hired employees. b. 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 eli_ig bility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract, ii. All persons (including subvendors / subconsultants/ subcontractors) assignedby byby Contractor to perform work pursuant to the contract with the City of Pembroke Pines. 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 Pembroke Pines, and iii. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eli_ig bility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute,the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. EXECUTION OF THE AGREEMENT. This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. Section 1. In the event that the Sourcewell Cooperative Purchasing Contract / Facility Security Systems, Equipment, and Software with Related Services contract 030421 is amended, 100502314.1 306-90018211 Alarm/Sprinkler Monitoring, Inspections and Services PW22-032 Page 307 of 949 or terminated, Johnson Controls Fire Protection LP shall notify the City within ten (10) days. In the event the Sourcewell Cooperative Purchasing Contract /Facility Security Systems,Equipment, and Software with Related Services contract 030421 is amended or terminated prior to its expiration, this Contract shall remain in full force and effect, and not be deemed amended or terminated until specifically amended or terminated by the parties hereto. Section 2. Johnson Controls Fire Protection LP agrees that in the event it enters into a Contract for the same (or substantially similar) scope of services with another local government in Florida which contains a term or condition, including fees, charges, or costs, which the City determines to be more favorable than the terms in this Contract, the parties shall enter into an Addendum to provide those terms to the City. Section 3. The insurance required shall require that the Certificate of Insurance name the City of Boynton Beach as an additional insured. Section 4. In all other aspects, the terms and conditions of the Sourcewell Cooperative Purchasing Contract /Facility Security Systems, Equipment, and Software with Related Services contract are hereby ratified and shall remain in full force and effect under this Contract,as provided by their terms. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK 100502314.1306-90018211 Alarm/Sprinkler Monitoring, Inspections and Services PW22-032 Page 308 of 949 IN WITNESS OF THE FOREGOING,the parties have set their hands and seals the day and year first written above. CITY OF BOYNTON BEACH, FLORIDA ATTEST: By: Lori LaVerriere, City Manager City Clerk APPROVED AS TO FORM: James A. Cherof, City Attorney WITNESSES: Johnson Controls Fire Protection LP BY: Print Name: Title: ATTEST: SECRETARY 100502314.1306-90018211 Alarm/Sprinkler Monitoring, Inspections and Services PW22-032 Page 309 of 949 EXHIBIT A SOLICITATION, EVALUATION,AND CONTRACT BETWEEN SOURCEWELL COOPERATIVE PURCHASING FOR FACILITY SECURITY SYSTEMS, EQUIPMENT,AND SOFTWARE WITH RELATED SERVICES AND JOHNSON CONTROLS FIRE PROTECTION LP 100502314.1306-90018211 Alarm/Sprinkler Monitoring, Inspections and Services PW22-032 Page 310 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN So u rcewe I I Solicitation Number: RFP #030421 CONTRACT This Contract is between Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 (Sourcewell) and Johnson Controls Fire Protection LP, 6600 Congress Ave., Boca Raton, FL 33487-1213 (Vendor). Sourcewell is a State of Minnesota local government agency and service cooperative created under the laws of the State of Minnesota (Minnesota Statutes Section 123A.21) that offers cooperative procurement solutions to government entities. Participation is open to federal, state/province, and municipal governmental entities, higher education, K-12 education, nonprofit, tribal government, and other public entities located in the United States and Canada. Sourcewell issued a public solicitation for Facility Security Systems, Equipment, and Software with Related Services from which Vendor was awarded a contract. Vendor desires to contract with Sourcewell to provide equipment, products, or services to Sourcewell and the entities that access Sourcewell's cooperative purchasing contracts (Participating Entities). 1. TERM OF CONTRACT A. EFFECTIVE DATE. This Contract is effective upon the date of the final signature below. B. EXPIRATION DATE AND EXTENSION. This Contract expires April 22, 2025, unless it is cancelled sooner pursuant to Article 22. This Contract may be extended up to one additional one-year period upon request of Sourcewell and with written agreement by Vendor. C. SURVIVAL OF TERMS. Articles 11 through 14 survive the expiration or cancellation of this Contract. 2. EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Vendor will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Vendor's Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. Rev. 10/2020 1 Page 311 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN All Equipment and Products provided under this Contract must be new/current model. Vendor may offer close-out or refurbished Equipment or Products if they are clearly indicated in Vendor's product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity's site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed. B. WARRANTY. Vendor warrants that all Equipment, Products, and Services furnished are free from liens and encumbrances, and are free from defects in design, materials, and workmanship for a period of one year for Equipment and Products and ninety days for Services. Vendor's dealers and distributors must agree to assist the Participating Entity in reaching a resolution in any dispute over warranty terms with the manufacturer. Any manufacturer's warranty that is effective past the expiration of the Vendor's warranty will be passed on to the Participating Entity. C. DEALERS, DISTRIBUTORS, AND/OR RESELLERS. Upon Contract execution, Vendor will make available to Sourcewell a means to validate or authenticate Vendor's authorized dealers, distributors, and/or resellers relative to the Equipment, Products, and Services related to this Contract.This list may be updated from time-to-time and is incorporated into this Contract by reference. It is the Vendor's responsibility to ensure Sourcewell receives the most current version of this list. 3. PRICING All Equipment, Products, or Services under this Contract will be priced as stated in Vendor's Proposal. When providing pricing quotes to Participating Entities, all pricing quoted must reflect a Participating Entity's total cost of acquisition. This means that the quoted cost is for delivered Equipment, Products, and Services that are operational for their intended purpose, and includes all costs to the Participating Entity's requested delivery location. Regardless of the payment method chosen by the Participating Entity, the total cost associated with any purchase option of the Equipment, Products, or Services must always be disclosed in the pricing quote to the applicable Participating Entity at the time of purchase. A. SHIPPING AND SHIPPING COSTS. All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Vendor must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable Rev. 10/2020 2 Page 312 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. Vendor must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Vendor in breach of this Contract if the Vendor intentionally delivers substandard or inferior Equipment or Products. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Vendor as soon as possible and the Vendor will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. B. SALES TAX. Each Participating Entity is responsible for supplying the Vendor with valid tax- exemption certification(s). When ordering, a Participating Entity must indicate if it is a tax- exempt entity. C. HOT LIST PRICING. At anytime during this Contract, Vendor may offer a specific selection of Equipment, Products, or Services at discounts greater than those listed in the Contract. When Vendor determines it will offer Hot List Pricing, it must be submitted electronically to Sourcewell in a line-item format. Equipment, Products, or Services may be added or removed from the Hot List at any time through a Sourcewell Price and Product Change Form as defined in Article 4 below. Hot List program and pricing may also be used to discount and liquidate close-out and discontinued Equipment and Products as long as those close-out and discontinued items are clearly identified as such. Current ordering process and administrative fees apply. Hot List Pricing must be published and made available to all Participating Entities. 4. PRODUCT AND PRICING CHANGE REQUESTS Vendor may request Equipment, Product, or Service changes, additions, or deletions at any time. All requests must be made in writing by submitting a signed Sourcewell Price and Product Change Request Form to the assigned Sourcewell Contract Administrator.This form is available from the assigned Sourcewell Contract Administrator. At a minimum, the request must: • Identify the applicable Sourcewell contract number; • Clearly specify the requested change; • Provide sufficient detail to justify the requested change; • Individually list all Equipment, Products, or Services affected by the requested change, along with the requested change (e.g., addition, deletion, price change); and • Include a complete restatement of pricing documentation in Microsoft Excel with the effective date of the modified pricing, or product addition or deletion. The new pricing Rev. 10/2020 3 Page 313 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN restatement must include all Equipment, Products, and Services offered, even for those items where pricing remains unchanged. A fully executed Sourcewell Price and Product Request Form will become an amendment to this Contract and be incorporated by reference. S. PARTICIPATION, CONTRACT ACCESS, AND PARTICIPATING ENTITY REQUIREMENTS A. PARTICIPATION. Sourcewell's cooperative contracts are available and open to public and nonprofit entities across the United States and Canada; such as federal, state/province, municipal, K-12 and higher education, tribal government, and other public entities. The benefits of this Contract should be available to all Participating Entities that can legally access the Equipment, Products, or Services under this Contract. A Participating Entity's authority to access this Contract is determined through its cooperative purchasing, interlocal, or joint powers laws. Any entity accessing benefits of this Contract will be considered a Service Member of Sourcewell during such time of access. Vendor understands that a Participating Entity's use of this Contract is at the Participating Entity's sole convenience and Participating Entities reserve the right to obtain like Equipment, Products, or Services from any other source. Vendor is responsible for familiarizing its sales and service forces with Sourcewell contract use eligibility requirements and documentation and will encourage potential participating entities to join Sourcewell. Sourcewell reserves the right to add and remove Participating Entities to its roster during the term of this Contract. B. PUBLIC FACILITIES. Vendor's employees maybe required to perform work at government- owned facilities, including schools. Vendor's employees and agents must conduct themselves in a professional manner while on the premises, and in accordance with Participating Entity policies and procedures, and all applicable laws. 6. PARTICIPATING ENTITY USE AND PURCHASING A. ORDERS AND PAYMENT.To access the contracted Equipment, Products, or Services under this Contract, a Participating Entity must clearly indicate to Vendor that it intends to access this Contract; however, order flow and procedure will be developed jointly between Sourcewell and Vendor. Typically, a Participating Entity will issue an order directly to Vendor. If a Participating Entity issues a purchase order, it may use its own forms, but the purchase order should clearly note the applicable Sourcewell contract number. All Participating Entity orders under this Contract must be issued prior to expiration of this Contract; however, Vendor performance, Participating Entity payment, and any applicable warranty periods or other Vendor or Participating Entity obligations may extend beyond the term of this Contract. Rev. 10/2020 4 Page 314 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN Vendor's acceptable forms of payment are included in Attachment A. Participating Entities will be solely responsible for payment and Sourcewell will have no liability for any unpaid invoice of any Participating Entity. B. ADDITIONAL TERMS AND CONDITIONS/PARTICIPATING ADDENDUM. Additional terms and conditions to a purchase order, or other required transaction documentation, may be negotiated between a Participating Entity and Vendor, such as job or industry-specific requirements, legal requirements (e.g., affirmative action or immigration status requirements), or specific local policy requirements. Vendor will deliver its standard terms and conditions for monitoring services, and its standard terms and conditions for the scope of all task orders, to be incorporated in transaction documents with the Participating Entity. Some Participating Entitles may require the use of a Participating Addendum; the terms of which will be worked out directly between the Participating Entity and the Vendor. Any negotiated additional terms and conditions must never be less favorable to the Participating Entity than what is contained in this Contract. C. SPECIALIZED SERVICE REQUIREMENTS. In the event that the Participating Entity requires service or specialized performance requirements (such as e-commerce specifications, specialized delivery requirements, or other specifications and requirements) not addressed in this Contract, the Participating Entity and the Vendor may enter into a separate, standalone agreement, apart from this Contract. Sourcewell, including its agents and employees, will not be made a party to a claim for breach of such agreement. D. TERMINATION OF ORDERS. Participating Entities may terminate an order, in whole or in part, immediately upon notice to Vendor in the event of any of the following events: 1. The Participating Entity fails to receive funding or appropriation from its governing body at levels sufficient to pay for the goods to be purchased; 2. Federal, state, or provincial laws or regulations prohibit the purchase or change the Participating Entity's requirements; or 3. Vendor commits any material breach of this Contract or the additional terms agreed to between the Vendor and a Participating Entity. E. GOVERNING LAW AND VENUE. The governing law and venue for any action related to a Participating Entity's order will be determined by the Participating Entity making the purchase. 7. CUSTOMER SERVICE A. PRIMARY ACCOUNT REPRESENTATIVE. Vendor will assign an Account Representative to Sourcewell for this Contract and must provide prompt notice to Sourcewell if that person is changed. The Account Representative will be responsible for: Rev. 10/2020 5 Page 315 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN • Maintenance and management of this Contract; • Timely response to all Sourcewell and Participating Entity inquiries; and • Business reviews to Sourcewell and Participating Entities, if applicable. B. BUSINESS REVIEWS. Vendor must perform a minimum of one business review with Sourcewell per contract year. The business review will cover sales to Participating Entities, pricing and contract terms, administrative fees, supply issues, customer issues, and any other necessary information. 8. REPORT ON CONTRACT SALES ACTIVITY AND ADMINISTRATIVE FEE PAYMENT A. CONTRACT SALES ACTIVITY REPORT. Each calendar quarter, Vendor must provide a contract sales activity report (Report) to the Sourcewell Contract Administrator assigned to this Contract. A Report must be provided regardless of the number or amount of sales during that quarter (i.e., if there are no sales, Vendor must submit a report indicating no sales were made). The Report must contain the following fields: • Customer Name (e.g., City of Staples Highway Department); • Customer Physical Street Address; • Customer City; • Customer State/Province; • Customer Zip Code; • Customer Contact Name; • Customer Contact Email Address; • Customer Contact Telephone Number; • Sourcewell Assigned Entity/Participating Entity Number; • Item Purchased Description; • Item Purchased Price; • Sourcewell Administrative Fee Applied; and • Date Purchase was invoiced/sale was recognized as revenue by Vendor. B. ADMINISTRATIVE FEE. In consideration for the support and services provided by Sourcewell, the Vendor will pay an administrative fee to Sourcewell on all Equipment, Products, and Services provided to Participating Entities. The Administrative Fee must be included in, and not added to, the pricing. Vendor may not charge Participating Entities more than the contracted price to offset the Administrative Fee. The Vendor will submit payment to Sourcewell for the percentage of administrative fee stated in the Proposal multiplied by the total sales of all Equipment, Products, and Services purchased by Participating Entities under this Contract during each calendar quarter. Payments should note the Vendor's name and Sourcewell-assigned contract number in the memo; and must be Rev. 10/2020 6 Page 316 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN mailed to the address above "Attn: Accounts Receivable" or remitted electronically to Sourcewell's banking institution per Sourcewell's Finance department instructions. Payments must be received no later than 45 calendar days after the end of each calendar quarter. Vendor agrees to cooperate with Sourcewell in auditing transactions under this Contract to ensure that the administrative fee is paid on all items purchased under this Contract. In the event the Vendor is delinquent in any undisputed administrative fees, Sourcewell reserves the right to cancel this Contract and reject any proposal submitted by the Vendor in any subsequent solicitation. In the event this Contract is cancelled by either party prior to the Contract's expiration date, the administrative fee payment will be due no more than 30 days from the cancellation date. 9. AUTHORIZED REPRESENTATIVE Sourcewell's Authorized Representative is its Chief Procurement Officer. Vendor's Authorized Representative is the person named in the Vendor's Proposal. If Vendor's Authorized Representative changes at any time during this Contract, Vendor must promptly notify Sourcewell in writing. 10. AUDIT, ASSIGNMENT, AMENDMENTS, WAIVER, AND CONTRACT COMPLETE A. AUDIT. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Sourcewell or the Minnesota State Auditor for a minimum of six years from the end of this Contract.This clause extends to Participating Entities as it relates to business conducted by that Participating Entity under this Contract. B. ASSIGNMENT. Neither the Vendor nor Sourcewell may assign or transfer any rights or obligations under this Contract without the prior consent of the parties and a fully executed assignment agreement. Such consent will not be unreasonably withheld. C. AMENDMENTS. Any amendment to this Contract must be in writing and will not be effective until it has been fully executed by the parties. D. WAIVER. If either party fails to enforce any provision of this Contract, that failure does not waive the provision or the right to enforce it. E. CONTRACT COMPLETE.This Contract contains all negotiations and agreements between Sourcewell and Vendor. No other understanding regarding this Contract, whether written or oral, may be used to bind either party. For any conflict between the attached Proposal and the terms set out in Articles 1-22, the terms of Articles 1-22 will govern. Rev. 10/2020 7 Page 317 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN F. RELATIONSHIP OF THE PARTIES. The relationship of the parties is one of independent contractors, each free to exercise judgment and discretion with regard to the conduct of their respective businesses.This Contract does not create a partnership,joint venture, or any other relationship such as master-servant, or principal-agent. 11. LIABILITY Vendor must indemnify, save, and hold Sourcewell and its Participating Entities, including their agents and employees, harmless from any claims or causes of action, including attorneys' fees, arising out of negligence or willful misconduct in the performance of this Contract by the Vendor or its agents or employees for third-party injury or death to person(s) or property or caused by some defect in the Equipment, Products, or Services under this Contract to the extent the Equipment, Product, or Service has been used according to its specifications. Vendor will not be liable for indirect or consequential damages. 12. GOVERNMENT DATA PRACTICES Vendor and Sourcewell must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided by or provided to Sourcewell under this Contract and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Vendor under this Contract. If the Vendor receives a request to release the data referred to in this article, the Vendor must immediately notify Sourcewell and Sourcewell will assist with how the Vendor should respond to the request. 13. INTELLECTUAL PROPERTY, PUBLICITY, MARKETING, AND ENDORSEMENT A. INTELLECTUAL PROPERTY 1. Grant of License. During the term of this Contract: a. Sourcewell grants to Vendor a royalty-free, worldwide, non-exclusive right and license to use theTrademark(s) provided to Vendor by Sourcewell in advertising and promotional materials for the purpose of marketing Sourcewell's relationship with Vendor. b. Vendor grants to Sourcewell a royalty-free, worldwide, non-exclusive right and license to use Vendor's Trademarks in advertising and promotional materials for the purpose of marketing Vendor's relationship with Sourcewell. 2. Limited Right of Sublicense. The right and license granted herein includes a limited right of each party to grant sublicenses to its and their respective distributors, marketing representatives, and agents (collectively "Permitted Sublicensees") in advertising and promotional materials for the purpose of marketing the Parties' relationship to Participating Entities. Any sublicense granted will be subject to the terms and conditions of this Article. Rev. 10/2020 8 Page 318 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN Each party will be responsible for any breach of this Article by any of their respective sublicensees. 3. Use; Quality Control. a. Sourcewell must not alter Vendor's Trademarks from the form provided by Vendor and must comply with Vendor's removal requests as to specific uses of its trademarks or logos. b. Vendor must not alter Sourcewell's Trademarks from the form provided by Sourcewell and must comply with Sourcewell's removal requests as to specific uses of its trademarks or logos. c. Each party agrees to use, and to cause its Permitted Sublicensees to use, the other party's Trademarks only in good faith and in a dignified manner consistent with such party's use of the Trademarks. Upon written notice to the breaching party, the breaching party has 30 days of the date of the written notice to cure the breach or the license will be terminated. 4. As applicable, Vendor agrees to indemnify and hold harmless Sourcewell and its Participating Entities against any and all suits, claims,judgments, and costs instituted or recovered against Sourcewell or Participating Entities by any person on account of the use of any Equipment or Products by Sourcewell or its Participating Entities supplied by Vendor in violation of applicable patent or copyright laws. 5. Termination. Upon the termination of this Contract for any reason, each party, including Permitted Sublicensees, will have 30 days to remove all Trademarks from signage, websites, and the like bearing the other party's name or logo (excepting Sourcewell's pre-printed catalog of vendors which may be used until the next printing). Vendor must return all marketing and promotional materials, including signage, provided by Sourcewell, or dispose of it according to Sourcewell's written directions. B. PUBLICITY. Any publicity regarding the subject matter of this Contract must not be released without prior written approval from the Authorized Representatives. Publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Vendor individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this Contract. C. MARKETING. Any direct advertising, marketing, or offers with Participating Entities must be approved by Sourcewell. Materials should be sent to the Sourcewell Contract Administrator assigned to this Contract. D. ENDORSEMENT. The Vendor must not claim that Sourcewell endorses its Equipment, Products, or Services. Rev. 10/2020 9 Page 319 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN 14. GOVERNING LAW,JURISDICTION, AND VENUE Minnesota law governs this Contract. Venue for all legal proceedings out of this Contract, or its breach, must be in the appropriate state court in Todd County or federal court in Fergus Falls, Minnesota. 15. FORCE MAJEURE Neither party to this Contract will be held responsible for delay or default caused by acts of God or other conditions that are beyond that party's reasonable control. A party defaulting under this provision must provide the other party prompt written notice of the default. 16. SEVERABILITY If any provision of this Contract is found to be illegal, unenforceable, or void then both Sourcewell and Vendor will be relieved of all obligations arising under such provisions. If the remainder of this Contract is capable of performance, it will not be affected by such declaration or finding and must be fully performed. 17. PERFORMANCE, DEFAULT, AND REMEDIES A. PERFORMANCE. During the term of this Contract, the parties will monitor performance and address unresolved contract issues as follows: 1. Notification. The parties must promptly notify each other of any known dispute and work in good faith to resolve such dispute within a reasonable period of time. If necessary, Sourcewell and the Vendor will jointly develop a short briefing document that describes the issue(s), relevant impact, and positions of both parties. 2. Escalation. If parties are unable to resolve the issue in a timely manner, as specified above, either Sourcewell or Vendor may escalate the resolution of the issue to a higher level of management.The Vendor will have 30 calendar days to cure an outstanding issue. 3. Performance while Dispute is Pending. Notwithstanding the existence of a dispute, the Vendor must continue without delay to carry out all of its responsibilities under the Contract that are not affected by the dispute. If the Vendor fails to continue without delay to perform its responsibilities under the Contract, in the accomplishment of all undisputed work, any additional costs incurred by Sourcewell and/or its Participating Entities as a result of such failure to proceed will be borne by the Vendor. B. DEFAULT AND REMEDIES. Either of the following constitutes cause to declare this Contract, or any Participating Entity order under this Contract, in default: 1. Nonperformance of contractual requirements, or 2. A material breach of any term or condition of this Contract. Rev. 10/2020 10 Page 320 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN Written notice of default and a reasonable opportunity to cure must be issued by the party claiming default. Time allowed for cure will not diminish or eliminate any liability for liquidated or other damages. If the default remains after the opportunity for cure, the non-defaulting party may: • Exercise any remedy provided by law or equity, or • Terminate the Contract or any portion thereof, including any orders issued against the Contract. 18. INSURANCE A. REQUIREMENTS. At its own expense, Vendor must maintain insurance policy(ies) in effect at all times during the performance of this Contract with insurance company(ies) licensed or authorized to do business in the State of Minnesota having an "AM BEST" rating of A- or better, with coverage and limits of insurance not less than the following: 1. Workers'Compensation and Employer's Liability. Workers' Compensation: As required by any applicable law or regulation. Employer's Liability Insurance: must be provided in amounts not less than listed below: Minimum limits: $500,000 each accident for bodily injury by accident $500,000 policy limit for bodily injury by disease $500,000 each employee for bodily injury by disease 2. Commercial General Liability Insurance. Vendor will maintain insurance covering its operations, with coverage on an occurrence basis, and must be subject to terms no less broad than the Insurance Services Office ("ISO") Commercial General Liability Form CG0001 (2001 or newer edition), or equivalent. At a minimum, coverage must include liability arising from premises, operations, bodily injury and property damage, independent contractors, products-completed operations including construction defect, contractual liability, blanket contractual liability, and personal injury and advertising injury. All required limits, terms and conditions of coverage must be maintained during the term of this Contract. Minimum Limits: $1,000,000 each occurrence Bodily Injury and Property Damage $1,000,000 Personal and Advertising Injury $2,000,000 aggregate for Products-Completed operations $2,000,000 general aggregate 3. Commercial Automobile Liability Insurance. During the term of this Contract, Vendor will maintain insurance covering all owned, hired, and non-owned automobiles in limits of liability not less than indicated below. The coverage must be subject to terms no less Rev. 10/2020 11 Page 321 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN broad than ISO Business Auto Coverage Form CA 0001 (2010 edition or newer), or equivalent. Minimum Limits: $1,000,000 each accident, combined single limit 4. Umbrella Insurance. During the term of this Contract, Vendor will maintain umbrella coverage over Workers' Compensation, Commercial General Liability, and Commercial Automobile. Minimum Limits: $2,000,000 5. Network Security and Privacy Liability Insurance. During the term of this Contract, Vendor will maintain coverage for network security and privacy liability. The coverage may be endorsed on another form of liability coverage or written on a standalone policy. The insurance must cover claims which may arise from failure of Vendor's security resulting in, but not limited to, computer attacks, unauthorized access, disclosure of not public data —including but not limited to, confidential or private information, transmission of a computer virus, or denial of service. Minimum limits: $2,000,000 per occurrence $2,000,000 annual aggregate Failure of Vendor to maintain the required insurance will constitute a material breach entitling Sourcewell to immediately terminate this Contract for default. B. CERTIFICATES OF INSURANCE. Prior to commencing under this Contract, Vendor must furnish to Sourcewell a certificate of insurance, as evidence of the insurance required under this Contract. Prior to expiration of the policy(ies), renewal certificates must be mailed to Sourcewell, 202 12th Street Northeast, P.O. Box 219, Staples, MN 56479 or sent to the Sourcewell Contract Administrator assigned to this Contract.The certificates must be signed by a person authorized by the insurer(s) to bind coverage on their behalf. Failure to request certificates of insurance by Sourcewell, or failure of Vendor to provide certificates of insurance, in no way limits or relieves Vendor of its duties and responsibilities in this Contract. C. ADDITIONAL INSURED ENDORSEMENT AND PRIMARY AND NON-CONTRIBUTORY INSURANCE CLAUSE. Vendor agrees to list Sourcewell and its Participating Entities, including their officers, agents, and employees, as an additional insured under the Vendor's commercial general liability insurance policy with respect to liability arising out of activities, "operations," or "work" performed by or on behalf of Vendor, and products and completed operations of Vendor. The policy provision(s) or endorsements) must further provide that coverage is Rev. 10/2020 12 Page 322 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN primary and not excess over or contributory with any other valid, applicable, and collectible insurance or self-insurance in force for the additional insureds. D. WAIVER OF SUBROGATION. Vendor waives and must require (by endorsement or otherwise) all its insurers to waive subrogation rights against Sourcewell and other additional insureds for losses paid under the insurance policies required by this Contract or other insurance applicable to the Vendor or its subcontractors. The waiver must apply to all deductibles and/or self-insured retentions applicable to the required or any other insurance maintained by the Vendor or its subcontractors. Where permitted by law, Vendor must require similar written express waivers of subrogation and insurance clauses from each of its subcontractors. E. UMBRELLA/EXCESS LIABILITY/SELF-INSURED RETENTION. The limits required by this Contract can be met by either providing a primary policy or in combination with umbrella/excess liability policy(ies), or self-insured retention. 19. COMPLIANCE A. LAWS AND REGULATIONS. All Equipment, Products, or Services provided under this Contract must comply fully with applicable federal laws and regulations, and with the laws in the states and provinces in which the Equipment, Products, or Services are sold. B. LICENSES. Vendor must maintain a valid and current status on all required federal, state/provincial, and local licenses, bonds, and permits required for the operation of the business that the Vendor conducts with Sourcewell and Participating Entities. 20. BANKRUPTCY, DEBARMENT, OR SUSPENSION CERTIFICATION Vendor certifies and warrants that it is not in bankruptcy or that it has previously disclosed in writing certain information to Sourcewell related to bankruptcy actions. If at any time during this Contract Vendor declares bankruptcy, Vendor must immediately notify Sourcewell in writing. Vendor certifies and warrants that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this Contract. Vendor further warrants that it will provide immediate written notice to Sourcewell if this certification changes at any time. Rev. 10/2020 13 Page 323 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN 21. PROVISIONS FOR NON-UNITED STATES FEDERAL ENTITY PROCUREMENTS UNDER UNITED STATES FEDERAL AWARDS OR OTHER AWARDS Participating Entities that use United States federal grant or FEMA funds to purchase goods or services from this Contract may be subject to additional requirements including the procurement standards of the Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards, 2 C.F.R. § 200. Participating Entities may also require additional requirements based on specific funding specifications. Within this Article, all references to "federal" should be interpreted to mean the United States federal government. The following list only applies when a Participating Entity accesses Vendor's Equipment, Products, or Services with United States federal funds. A. EQUAL EMPLOYMENT OPPORTUNITY. Except as otherwise provided under 41 C.F.R. § 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60- 1.3 must include the equal opportunity clause provided under 41 C.F.R. §60-1.4(b), in accordance with Executive Order 11246, "Equal Employment Opportunity" (30 FR 12319, 12935, 3 C.F.R. §, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and implementing regulations at 41 C.F.R. § 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."The equal opportunity clause is incorporated herein by reference. B. DAVIS-BACON ACT, AS AMENDED (40 U.S.C. § 3141-3148). When required by federal program legislation, all prime construction contracts in excess of$2,000 awarded by non- federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. § 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 C.F.R. § 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors 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, contractors must be required to pay wages not less than once a week. The non-federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-federal entity must report all suspected or reported violations to the federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 C.F.R. § 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").The Act provides that each contractor or subrecipient 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. The non-federal entity must report all suspected or reported violations to the federal awarding agency. Vendor must be in compliance with all applicable Davis-Bacon Act provisions. Rev. 10/2020 14 Page 324 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN C. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (40 U.S.C. § 3701-3708). Where applicable, all contracts awarded by the non-federal entity 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 C.F.R. § 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. This provision is hereby incorporated by reference into this Contract. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. D. RIGHTS TO INVENTIONS MADE UNDER A CONTRACTOR AGREEMENT. If the federal award meets the definition of"funding agreement" under 37 C.F.R. § 401.2(a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 C.F.R. § 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Vendor certifies that during the term of an award for all contracts by Sourcewell resulting from this procurement process, Vendor must comply with applicable requirements as referenced above. E. CLEAN AIR ACT (42 U.S.C. § 7401-7671Q.) AND THE FEDERAL WATER POLLUTION CONTROL ACT(33 U.S.C. § 1251-1387). Contracts and subgrants of amounts in excess of$150,000 require the non-federal award to agree 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). Vendor certifies that during the term of this Contract will comply with applicable requirements as referenced above. F. DEBARMENT AND SUSPENSION (EXECUTIVE ORDERS 12549 AND 12689). A contract award (see 2 C.F.R. § 180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 C.F.R. §180 that implement Executive Orders 12549 (3 C.F.R. § 1986 Comp., p. 189) and 12689 (3 C.F.R. § 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names Rev. 10/2020 15 Page 325 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation by any federal department or agency. G. BYRD ANTI-LOBBYING AMENDMENT, AS AMENDED (31 U.S.C. § 1352). Vendors must file any required certifications. Vendors must not have 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 covered by 31 U.S.C. § 1352. Vendors must 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 non-federal award. Vendors must file all certifications and disclosures required by, and otherwise comply with, the Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352). H. RECORD RETENTION REQUIREMENTS. To the extent applicable, Vendor must comply with the record retention requirements detailed in 2 C.F.R. § 200.333. The Vendor further certifies that it will retain all records as required by 2 C.F.R. § 200.333 for a period of 3 years after grantees or subgrantees submit final expenditure reports or quarterly or annual financial reports, as applicable, and all other pending matters are closed. I. ENERGY POLICY AND CONSERVATION ACT COMPLIANCE. To the extent applicable, Vendor must comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. J. BUY AMERICAN PROVISIONS COMPLIANCE. To the extent applicable, Vendor must comply with all applicable provisions of the Buy American Act. Purchases made in accordance with the Buy American Act must follow the applicable procurement rules calling for free and open competition. K. ACCESS TO RECORDS (2 C.F.R. § 200.336). Vendor agrees that duly authorized representatives of a federal agency must have access to any books, documents, papers and records of Vendor that are directly pertinent to Vendor's discharge of its obligations under this Contract for the purpose of making audits, examinations, excerpts, and transcriptions. The right also includes timely and reasonable access to Vendor's personnel for the purpose of interview and discussion relating to such documents. L. PROCUREMENT OF RECOVERED MATERIALS (2 C.F.R. § 200.322). A non-federal entity that is a state agency or agency of a political subdivision of a state and its contractors must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation Rev. 10/2020 16 Page 326 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 030421-JHN and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. § 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 $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 22. CANCELLATION Sourcewell or Vendor may cancel this Contract at any time, with or without cause, upon 60 days' written notice to the other party. However, Sourcewell may cancel this Contract immediately upon discovery of a material defect in any certification made in Vendor's Proposal. Cancellation of this Contract does not relieve either party of financial, product, or service obligations incurred or accrued prior to cancellation. Sourcewell Johnson Controls Fire Protection LP DocuSigned by: DOCUSigned by: Ey S&Wxvf,j E17A8A69F65B84E6...r (h" COFD2A139DD6489... By: By. Jeremy Schwartz Tracy Long Title: Chief Procurement Officer Title: VP & GM Fire BSNA 4/20/2021 1 1:07 PM CDT 4/30/2021 1 5:25 PM CDT Date: Date: Approved: E DoccuSigneedby, 7E42BSF817A64CC_. By: Chad Coauette Title: Executive Director/CEO 4/30/2021 1 5:36 PM CDT Date: Rev. 10/2020 17 Page 327 of 949 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 RFP 030421 - Facility Security Systems, Equipment, and Software with Related Services Vendor Details Company Name: Johnson Controls Fire Protection LP 6600 Congress Ave Address: Boca Raton, Florida 33487-1213 Contact: Mary Beth Alexander Email: mary.alexander@jci.com Phone: 262-226-9808 HST#: 58-2608861 Submission Details Created On: Tuesday March 02, 2021 16:17:37 Submitted On: Thursday March 04,2021 13:18:14 Submitted By: Mary Beth Alexander Email: mary.alexander@jci.com Transaction#: 20be022e-2816-48f3-bd9b-09c69d8b81 c2 Submitter's IP Address: 104.129.195.0 Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir, P� tgcttii?r 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Specifications Table 1: Proposer Identity&Authorized Representatives General Instructions (applies to all Tables) Sourcewell prefers a brief but thorough response to each question. Please do not merely attach additional documents to your response without also providing a substantive response. Do not leave answers blank; mark"NA" if the question does not apply to you (preferably with an explanation). Line Question Response* Item 1 Proposer Legal Name (and Johnson Controls Fire Protection LP applicable d/b/a, if any): 2 Proposer Address: 6600 Congress Ave, Boca Raton, FL 33487-1213 3 Proposer website address: www.JohnsonControIs.com 4 Proposer's Authorized Tracy Long, VP & GM Fire BSNA Representative (name, title, 6600 Congress Ave, Boca Raton, FL 33487-1213 address, email address & phone) tracy.long@jci.com (The representative must have 773 668 7261 authority to sign the "Proposer's Assurance of Compliance" on behalf of the Proposer and, in the event of award, will be expected to execute the resulting contract): 5 Proposer's primary contact for this Tom Staves, Cooperative Program Manager proposal (name, title, address, 705 Digital Drive, Suite N, LINTHICUM HEIGHTS, MD 21090-2267 email address & phone): Thomas.Staves@JCI.com 443-676-8813 6 Proposer's other contacts for this Mary Alexander, proposal, if any (name, title, National Sales Manager address, email address & phone): Mary.Alexander@jci.com 2622269808 Table 2: Company Information and Financial Strength Line Question Response* Item 7 Provide a brief history of your company, Johnson Controls Fire Protection (JCFP) formerly known as SimplexGrinnell is a including your company's core values, leading provider of fire protection and life safety systems and services. JCFP is a business philosophy, and industry longevity world-class organization that combines the strength, heritage and excellence of two related to the requested equipment, products longtime industry leaders — Simplex Time Recorder and Grinnell Fire Protection. or services. Simplex and Grinnell were widely respected for their technology, their expertise, their service organizations, and their ability to deliver at the local level. Now all of those resources and competencies are available from one unified organization. JCFP offers customers an unprecedented array of best-in-class fire protection systems and services that protect people and property and improve workforce management. The formation of Johnson Controls Fire Protection followed the January 2001 acquisition of Simplex by Tyco International Ltd., a diversified manufacturing and service company that merged Simplex Time Recorder with Grinnell Fire Protection to form SimplexGrinnell. Operating with over 11,000 employees, Johnson Controls Fire Protection can protect virtually any building — from schools, universities, hospitals, malls, and restaurants to airports, sports stadiums, apartment complexes, movie theaters, and industrial, commercial, and government facilities. On September 2, 2016, SimplexGrinnell's parent company Tyco International was merged with Johnson Controls and SimplexGrinnell LP's name was changed to Johnson Control Fire Protection LP. The merger created a new global leader in Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirreP� t6cttii?r 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 building products and technology as well as integrated solutions and energy storage. Johnson Controls Values: INTEGRITY FIRST: We promise honesty and transparency. We uphold the highest standards of integrity and honor the commitments we make. PURPOSE LED: We believe in doing well by doing good and hold ourselves accountable to make the world a better place through the solutions we provide, our engagement in society, the way we do business, and our commitment to protect people and the environment. CUSTOMER DRIVEN: We win when our customers win. Our long-term strategic relationships provide unique insights and the ability to deliver exceptional customer experiences and solutions. FUTURE FOCUSED: Our culture of innovation and continuous improvement drives us to solve today's challenges while constantly asking 'what's next. ONE TEAM: We are one team, dedicated to working collaboratively together to create purposeful solutions that propel the world forward. The new Johnson Controls paints an impressive picture, with 130+ years of innovation and over four million customers. Simplex was founded in 1894 by the inventor of the first practical time clock and was operated as a privately held company for more than a century. Grinnell was established in 1850, and its capabilities grew to encompass design, engineering, manufacturing, and installation, as well as system integration, maintenance, and inspection services. Johnson Controls offers best-in-class technologies, products, installation, and service capabilities across building management, fire, security, sensors/controls, HVAC, industrial refrigeration, and energy storage solutions. Our offering includes total support for all fire alarm, fire detection, fire protection, integrated security, HVAC, Building Controls, healthcare communications, and sound/communications needs. Our capabilities include design, engineering development, integration, installation, project management, programming, testing, commissioning, training, warranty support, and post-warranty service. Our Technicians are highly trained and use state-of-the-art test equipment to ensure high-quality results and are trained to perform related repairs, in addition to inspections and responding to emergency maintenance requirements. Our life safety services are "Best-Value" for the following reasons: Specialized inspection teams trained to identify and correct problems before they occur, thus preventing costly nuisance alarms and unnecessary downtime. Experienced technicians ensure that repairs are done right and in a timely manner. Standardized reporting and documentation. Customized service plans to meet any customer's needs. Our organization provides local support from our North American network of over 150 local offices in the United States and Canada. Each office functions as a "one- stop-shop" providing parts, supplies, and equipment specific to each of the clients it serves. Additionally, Johnson Controls has a Warehouse in Atlanta, Georgia. Staffed with approximately 250 full-time personnel, our team ensures orders are filled promptly. This 240,000 square foot facility stocks extensive inventories of all of the products sold by legacy Tyco International companies, including Simplex fire alarm panels and peripherals, Grinnell and ANSUL fire suppression products, SoftwareHouse, Exacq, Kantech, DSC, and American Dynamics security equipment, and all brands of Nurse Call solutions offered currently or in the past. The warehouse ships an average of over 12,000 orders a month, some 6,000 plus items each month are shipped to Johnson Controls offices. 8 What are your company's expectations in the Johnson Controls expects to build upon our previous contracts successes. We are event of an award? looking to add additional personnel to our corporate sales team to manage field training, business development, and direct sales. An annual budget has been submitted to assist in the development of additional collateral and E-marketing campaigns and plans to attend local/ regional trade shows to promote our participation in the program. Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirrePMtbcttii?r 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 9 Demonstrate your financial strength and Johnson Controls Fire Protection LP is a wholly-owned indirect subsidiary of stability with meaningful data. This could Johnson Controls International plc, a publicly owned company listed on the New York include such items as financial statements, Stock Exchange (ticker: JCI). As a wholly-owned subsidiary, Johnson Controls Fire SEC filings, credit and bond ratings, letters Protection's financial results are consolidated in the financial statements of Johnson of credit, and detailed reference letters. Controls International plc. In Fiscal Year 2020, Johnson Controls saw net revenue of Upload supporting documents (as applicable) $22.3 billion with positive cashflow. Johnson Controls enjoys a strong balance sheet in the document upload section of your with $10 billion in assets against $8.2 billion in total liabilities. Total shareholders' response. equity was $17.4 billion for FY 2020. We have provided the Johnson Controls 2020 Annual Report, credit and bond ratings, letters of credit, and detailed reference letters 10 What is your US market share for the Market share information is provided below for the Fire Products and Fire Services solutions that you are proposing? markets of Johnson Controls International, the parent company The worldwide leader in market share for Fire Services (7%). No other company has attained greater than 9% of the market share. America's leader in market share for Fire Services (8.3%). No other company has attained greater than 6% of the market share. America's leader in market share for Fire Products (12.3%). No other company has attained greater than 10.5%. Security Integration greater than 5% Share Of Global Market One of the top 6 in the Chiller market with 15% of the market share. One of the top 6 in the Building Automation and Controls market with 5% of the market share. 11 What is your Canadian market share for the Market share information is provided below for the Fire Products and Fire Services solutions that you are proposing? markets of Johnson Controls International, the parent company The worldwide leader in market share for Fire Services (7%). No other company has attained greater than 6% of the market share. America's leader in market share for Fire Services (8.3%). No other company has attained greater than 6% of the market share. America's leader in market share for Fire Products (6.3%). No other company has attained greater than 5.0%. Security Integration greater than 5% Share Of Global Market One of the top 6 in the Chiller market with 15% of the market share. One of the top 6 in the Building Automation and Controls market with 5% of the market share. 12 Has your business ever petitioned for Johnson Controls has never petitioned for bankruptcy protection. bankruptcy protection? If so, explain in detail. Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirreP�gtTcttii?r 4P9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 13 How is your organization best described: is Johnson Controls is a reseller and service provider of fire and life safety products it a manufacturer, a distributor/dealer/reseller, and systems. Our parent company, Johnson Controls owns and operates a number or a service provider? Answer whichever of industry-recognized product manufacturers such as Simplex brand fire alarm question (either a) or b) just below) best systems, Software House Access control, etc. Johnson Controls has factory-direct applies to your organization. access to these products and related services. a) If your company is best described as a distributor/dealer/reseller (or similar entity), provide your written authorization to act as a distributor/dealer/reseller for the manufacturer Johnson Controls is a longtime leader in life safety and property protection. Our of the products proposed in this RFP. If roots in fire protection are extraordinarily strong and deep, reaching all the way applicable, is your dealer network back to the late 1800s. Today we serve over two million customers in the United independent or company owned? States and Canada, providing a comprehensive array of fire alarm, fire sprinkler, fire b) If your company is best described as suppression, integrated security, sound and communications, and nurse call systems a manufacturer or service provider, describe and services. We deliver our industry-leading solutions in buildings and environments your relationship with your sales and service where life-safety protection is absolutely vital — from schools, universities, and force and with your dealer network in hospitals to commercial properties, industrial buildings, and government facilities. delivering the products and services Unlike manufacturers who rely on independent dealers, we serve customers directly, proposed in this RFP. Are these individuals through an outstanding management support team, 1,000+ NICET-certified your employees, or the employees of a third technicians, 1,000 CFAA-trained technicians, 150 company-owned offices, and party? 7,500+ service trucks. In everything we do, our collective organization strives to keep people and property safe. Johnson Controls is a reseller and service provider. Johnson Controls designs and manufactures integrated systems to detect intrusion, control access, and react to movement, fire, smoke, flooding, environmental conditions, industrial processes, and other hazards. In addition, Johnson Controls designs and manufactures fire detection, fire sprinkler, fire suppression, emergency communications, and nurse call systems in both new and existing facilities. Our sales and service forces are internal to our respective organizations. All sales personnel are direct hires of our organizations. Except where subcontractors are concerned, all service employees are also direct hires. 14 If applicable, provide a detailed explanation Johnson Controls is qualified to do business in all 50 US states with over 10,000 outlining the licenses and certifications that employees. Regarding contractor & business licensing, Johnson Controls Fire are both required to be held, and actually Protection currently operates from more than 120 offices across North America and held, by your organization (including third holds over 2,300 separate required licenses related to Fire Protection & Security parties and subcontractors that you use) in Services. pursuit of the business contemplated by this RFP. Licenses We have provided a listing of the licenses held. Please note: Not all licenses have an expiration date for reasons such as they are individual licenses or licenses that are paid by our local District Offices. Some licenses have expired dates because there are licenses that are no longer needed or they are being renewed by the local office or Tax department Licenses that have a License ID with APPL-"' are new licenses that we recently applied for and/or application was submitted and a license was never issued. Some jurisdictions require our organization to be registered and do not send any type of license confirmation. Certifications Professional certification says a lot about a company and an individual. It means you've invested the time to better yourself. That you care about the work you do. And that you've raised the bar for everyone in the industry. Certification isn't an easy process; the programs are run by independent, third-parties. You can't charm your way in or curry favor with sponsorships; you have to prove yourself. Certification means something in our industry and is used as a benchmark of the people who work in life safety. UL Certification Underwriter Lab (UL) is a safety science company that certifies, validates, tests inspects, audits, advises, and trains. The requirement for UL system certification varies by area, even within the same state. The process of every aspect of a fire system, extending beyond the usual codes and standards. For example, when a fire system is installed, UL certification would involve very specific documentation and Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirrePMt�cttii?r 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 verification process: documenting each piece of equipment, ensuring that each piece bears a UL sticker and is a listed product; confirming the number and color of wires, and so on. Other UL certifications apply to our district or regional offices and must be renewed yearly. These address areas with a lower incidence of false alarms because systems are being installed and maintained properly. UL certification simply makes systems better for our customers and our company is audited by UL every three years to help ensure a quality program. Johnson Controls also has UL-certified products ranging from smoke detectors for special applications to Central Station protective signaling devices. NFPA Certification NFPA (National Fire Protection Association) certification puts an individual into an elite group with exceptional and extraordinarily comprehensive knowledge. NFPA's Certified Fire Protection Specialist (CFPS) program is extremely challenging and a limited number of individuals worldwide have been certified. We have NFPA-certified resources on staff, ranging from technicians to managers, who can offer their expertise to our employees company-wide. NFPA does not write codes or standards themselves; they facilitate all-volunteer committees of fire safety professionals who represent all aspects of the industry: enforcers such as AHJs; installers, engineers, owners, and maintenance technicians. The NFPA guides the discussions, bringing the volunteers together to review industry activity and work to reach consensus to develop codes. Johnson Controls Fire Protection is proud to have numerous volunteers working to improve fire safety via NICET committees. It keeps us on the cutting edge of industry changes and helps us drive improvements that better the life-safety industry. We think of safety first, always, voting for new codes even if it will require us to change our products to comply. NICET Certification Our top-quality service workforce includes over 1,700 NICET-certified technicians and that number grows every year. NICET (National Institute for Certification of Engineering Technologists) is significant in our industry. Individuals test based on their area(s) of life-safety disciplines, such as fire alarm systems, sprinkler design, sprinkler inspector, inspection and testing of water-based systems, special hazards suppression systems, water-based layout, audio systems (for low-voltage communications such as public address and sound-reinforcement systems), video security systems designer/technician (a security certification). Individuals are certified as they pass different levels of testing, with one to four levels per discipline: beginner, intermediate, advanced, and expert. Each level can involve dozens of tests. Our company's focus on helping our workforce train for, test, and achieve NICET certification improves our ability to safeguard your people and property. Our workforce includes NICET-certified technicians in every state where certification is required, but we also strongly recommend certification for all of our technicians. The bottom line? We have high-caliber people who take their jobs seriously and we support them during their continuous efforts to advance their skills. It's part of our commitment to always bring you the best in fire and life-safety protection. SAFETY Act Certification Johnson Controls Fire Protection passed the rigorous review of the U.S. Department of Homeland Security to earn certification for our security, fire, and life-safety systems integration services under the SAFETY Act (Support Anti-Terrorism by Fostering Effective Technologies). It provides incentives for companies to develop and deploy anti-terrorism technologies without fear of excessive liability in the event of a terrorist attack on U.S. soil. The Act creates certain liability limitations for "claims arising out of, relating to, or resulting from an act of terrorism" where qualified anti-terrorism technologies or services have been employed. In effect, providers that have their technologies and services certified under the Act, such as Johnson Controls Fire Protection, can receive significant liability protection against third-party claims that may arise out of an act of homeland terrorism. More importantly, the Act extends these same benefits to our customers, giving them Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirrePMtyti?r 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 access to legal liability protections in the event of a terrorist attack on U.S. soil. If a customer using Johnson Controls Fire Protection Security, Fire and Life-Safety Systems Integration services suffer damages from a homeland terrorist attack, that business or institution can be given legal liability protections against civil claims. 15 Provide all "Suspension or Debarment" Johnson Controls has been in business for well over 100 years and operates from information that has applied to your about 120 offices in all North America. To the best of our knowledge and organization during the past ten years. information, neither company, as a corporate entity, nor any of its branch or satellite offices have been suspended or debarred by any federal, state, provincial, or municipal public agency. Table 3: Industry Recognition & Marketplace Success Line Question Response* Item 16 Describe any relevant industry awards or Our organization participates in a wide range of activities and has been recognized recognition that your company has received in several unique areas. The following information highlights some key examples. in the past five years SUSTAINABILITY AND CORPORATE SOCIAL RESPONSIBILITY 2019 World's Most Ethical Company 12 selections since 2007 (March 2020, selected for the 13th time) Ethisphere Magazine 100 Best Corporate Citizens, 2019 Transparency and social responsibility, since 2006 Corporate Responsibility Magazine 2019 Best Corporate Citizens Community involvement, environmental impact, and fair employee treatment. Forbes Magazine Change the World, 2018 Companies that are doing well by doing good Fortune Magazine AAA Rating Environmental, social, and governance MSCI Socially Responsible Indices Carbon Clean 200 Biggest public companies ranked by green energy revenues Corporate Knights and As You Sow Energy Star Most Efficient 2020 Most efficient products Energy Star Environmental Leader Project of the Year For partnership with The University of Hawai'i (UH) Maui College Environmental Leader and Energy Manager Today Top Project Judges' Choice Award for its impressive strides in sustainability and renewable energy Environmental Leader and Energy Manager Today Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirrePMt�cttii?r 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Environment + Energy Leader 100 Terrill Laughton, VP, and GM of Energy Optimization and Connected Equipment Environmental Leader and Energy Manager Today INNOVATION Johnson Controls Top 100 Global Innovators, 5-time winner Most innovative corporations and institutions in the world, 2016, 2017, 2019, 2019, 2020 Clarivate Analytics Overall IoT Company of the Year, 2020 Top companies, technologies, and products in the global Internet of Things (IoT) market IoT Breakthrough Most Intelligent Building — Corporate Headquarters (Bee'ah's new headquarters in the UAE) optimize energy efficiency, make the best use of available space and help the building's occupants be more productive Digie Award QUALITY / PRODUCTS Our organization participates in a wide range of activities and has been recognized in several unique areas. The following information highlights some key examples. Humanitarian Award, 2019 Fire Commissioner's Humanitarian Award Fire Department of the City of New York Foundation Sustainability Product of the Year The YORK@ Mission Critical Direct Evaporative Cooling Air Handling Unit in the 2019 Sustainability Awards. The awards honor those who have made sustainability an integral part of their business practice. The Business Intelligence Group Edison Award Environmentally Friendly Solutions sub-category of the Energy and Sustainability award category The Edison Awards annually honor excellence in human-centered design and innovation Five honors in the 2019 Brandon Hall Group Human Capital Management Excellence Awards Innovative learning solutions and sales training programs that help improve the human capital management space, achieve results and provide meaningful careers Brandon Hall Group YORK@ YHAU CGN Absorption Chiller — Heater use of a natural refrigerant (water) that offers zero ozone depletion and global warming potential New Products for Engineers 2018 IW Best Plants Winner, Norman OK plant Operational excellence Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiigePMtgcttii?r 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Industry Week four 2019 World Class Briefing Awards for its excellence in management, planning, customer experience, and measurement Association of Briefing Program Managers Most Intelligent Building — Corporate Headquarters (Bee'ah's new headquarters in the UAE) Optimize energy efficiency, make the best use of available space and help the building's occupants be more productive Digie Award WORKFORCE DIVERSITY Grady Crosby, vice president of public affairs and chief diversity officer honored with the 2019 Business Champion award Commitment to creating a diverse and inclusive workforce African American Chamber of Commerce Top 50 Employers for Women Engineers, 2019 Readers of Woman Engineer were asked to name the employers for whom they would most like to work or that they believe would provide a positive working environment for women Women Engineer 50 Best Companies for Diversity Dec 2018 Black Enterprise Magazine Top Employer — China, 2019 For exceptional employee conditions, nurturing and developing talent throughout all levels of the organization and striving to optimize its employment practices and to develop its employees Top Employers Institute, China 2019 Best of the Best for U.S. Veterans Top Veteran-Friendly Companies U.S. Veteran's Magazine 2019 Sustainability Awards and Recognition does not include most recognition bestowed to specific locations and individual employees by organizations around the world for our employees' work to build a sustainable world and does not include sustainability indices to which Johnson Controls was named. This list is representative but not exhaustive of global sustainability honors and awards. 17 What percentage of your sales are to the Approximately 20% yearly. governmental sector in the past three years 18 What percentage of your sales are to the Approximately 16% yearly. education sector in the past three years 19 List any state, provincial, or cooperative NASPO - $15M (12 State Participating Addendums) purchasing contracts that you hold. What is the annual sales volume for each of these State of New York - $30M contracts over the past three years? CMAS - $4 M 20 List any GSA contracts or Standing Offers JCFP Holds (2) GSA Schedules for Product and Service Sales: and Supply Arrangements (SOSA) that you hold. What is the annual sales volume for FY2020 - $14,124,120 each of these contracts over the past three years? FY2019 - $13,727,352 FY2018 - $15,430,404 Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirrePMtgcttii?r 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Table 4: References/Testimonials Line Item 21. Supply reference information from three customers who are eligible to be Sourcewell participating entities. Entity Name h Contact Name* Phone Number* Jackson Health System Kenneth Robertson — Director of Procurement, 305-585-7415 Construction Services Kenneth.robertson@jhsmiami.org Harbor Authority, Port of Los Angeles Philip Hazelett 310-732-3346 phazelett@portla.org Rio Rancho Public Schools Chris Greeno 505-910-2668 Hofstra University 113ill Solin 516-463-5562 Table 5: Top Five Government or Education Customers Line Item 22. Provide a list of your top five government, education, or non-profit customers (entity name is optional), including entity type,the state or province the entity is located in, scope of the project(s), size of transaction(s), and dollar volumes from the past three years. State I Dollar Volume Past Three Entity Name Entity Type* province* Scope of Work* Size of Transactions.F Years* Jackson Non-Profit Florida-FL Fire Alarm Upgrades & PSA - $1 M Annually $7.5 M Memorial Maintenance PSA Hospital Product / Installation $1.5M Annually Port of Los Government California-CA Fire Alarm and Sprinkler System Depends upon scope of $8 M Angeles New & Upgrades & PSA project. Typically, $2M Annually Denver Government Colorado-CO DIA Expansion FAS Depends upon scope of $9 M International projects. Airport CSU System Education California-CA Service, Upgrades, New Systems Depends upon scope of $6.5 M projects. Milwaukee Government Wisconsin-WI Cameras, Access Control, Service Depends upon scope of $1.3 M County Jail project. Table 6: Ability to Sell and Deliver Service Describe your company's capability to meet the needs of Sourcewell participating entities across the US and Canada, as applicable. Your response should address in detail at least the following areas: locations of your network of sales and service providers, the number of workers (full-time equivalents) involved in each sector, whether these workers are your direct employees (or employees of a third party), and any overlap between the sales and service functions. Line Question Response. Item 23 Sales force. Johnson Controls employs over 2,000 full-time sales professionals; 750 of these individuals are focused on selling contracting work and larger projects in our managed account portfolio. The balance of our sales force is oriented to selling service contracts. Each of our 120 offices has a mix of contracting and service- oriented salespeople. The size of the market depends on the sales staff size and alignment to the market. 24 Dealer network or other distribution Our team has factory-direct access to the leading fire alarm, fire suppression, methods. sprinkler, HVAC, and security products via the Johnson Controls family of products. These include: Metasys York Tyco Simplex Fire Alarm Systems Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirreP,rotecOpW9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Ansul Fire Suppression Systems Hygood Fire Suppression Systems Neuruppin Fire Extinguishers Pyro-Chem Fire Suppression Systems SKUM Foam Firefighting Products Grinnell Sprinkler Components American Dynamics CCTV Systems Exacq IP Video Surveillance Solutions DSC Security Products Illustra Cameras Proximex Physical Information Management Systems Software House Access Control Systems Kantech Access Control Solutions Scott Life Safety Products CEM Security Management Solutions Bentel Security and Fire Control Systems Visonic Wireless Alarm Systems EZ Care Nurse Call Products Sensormatic Executone Nurse Call Systems Zettler Nurse Call Systems We also have national agreements with today's leading life safety manufacturers to facilitate integration of their products into our customers' life safety systems. These include, but are not limited to: Kidde Fire Extinguishers Marioff Aimetis Axis Communications BCDVideo Cisco Milestone Pelco American Signal Corporation Arecont Vision Assa Abloy DSS AtHoc (Desktop Alerts, System Integrations) Automatic Control Systems Code Blue Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirrePMtgcttii?r 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Commend Cooper Notification - WAVES Dell DVTeI Dynalock Fargo Firetide FUR (Thermal Imaging) HES (Strikes) Hewlett Packard via Burgess Computer Decisions HID Corp. Inova Solutions Interlogix - International Fiber Systems Intransa IQlnvision# Keyscan (Canada Only) L1 Identity Solutions Mate Intelligent Video Middle Atlantic Products Milestone OnSSI Pivot 3 S2 Security Systems Salient Systems Schneider Electric (Continuum) Securitron Sielox Sony Talk-A-Phone Tomsed Ultra MagiCard/ Ultra Electronics UTC Fire and Security - Facility Commander Wnx UTC Sentrol Vicon VideolQ# Winsted Rauland Tektone Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirrePMt6cttii?r 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Valcom Versus Vocera Emergin Ascom Heritage Lenel 25 Service force. Johnson Controls owns and operates over 120 district offices across North America, instead of a dealer network. Our offices are centered around major metropolitan areas. This allows our 2,000 sales professionals to focus 100% of their attention on meeting the fire and life safety equipment and service needs of our clients and potential clients surrounding these areas. Johnson Controls self-performs all service work for the fire and life safety systems contemplated by this RFP. Across North America, our services organization is staffed by more than 9,000 technicians, installers, and other professionals. Through this organization, our team provides 24/7 emergency service and brings customers unrivaled knowledge and expertise in designing, engineering, installing, testing, inspecting, maintaining, servicing, and supporting fire detection, fire suppression, and other life safety systems. Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir ePN6ctl' DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 26 Describe in detail the process and Service procedure of your customer service program, if applicable. Include your We made this change to centralized services to improve our customer service response-time capabilities and experience. We have benchmarked ourselves against other companies and we commitments, as well as any incentives determined that a centralized dispatching approach will help us deliver a better, more that help your providers meet your stated consistent service experience. The change to a centralized model will help us to service goals or promises. better communicate with customers throughout the duration of the service request. We'll be able to better leverage technology and a standard business process to keep the customer informed. The local office will still be responsible for executing the service work with our local technicians, and in fact, will be better able to concentrate our efforts on ensuring customers receive the high-quality service they expect and deserve. All inspection-related servicer work will be coordinated and scheduled with the local office. Cooperative Communication Standards PREMIER EMERGENCY CALL System/unit is not operational and backup system/unit is not available. Life safety and property protection are non-existent or property assets are in imminent danger of significant damage. • Technician will be dispatched within 3 hours unless a different time frame is required by applicable law PRIORITY CALL System/unit is operational and maintenance or service work is required to maintain system/unit integrity. • Technician will be on-site within 24 hours THREE DAY SERVICE CALL System/unit is operational; general repair is required. • Technician will be on-site within three (3) business days SCHEDULED CALL System/unit is operational; planned appointment for inspection, maintenance, and/or service work. • Technician will be on-site within fourteen (14) calendar days ALL SERVICE RATES WILL BE BILLED ACCORDING To the Sourcewell Agreement, Local Branch Rates Less Discount The minimum charge for an Emergency and a Priority Call is 3 hours The maximum travel charge is 4 hours Overtime fees prevail before 7:00 AM or after 4:30 PM and double-time fees prevail on weekends and holidays Mileage — Standard rates apply for service calls calculated from branch to job site including truck Fees Contracting All Contracting opportunities (new equipment and installation) will be handled by the individual districts and local sales representatives who ultimately have the relationships with the NJPA clients. All quotes and pricing will be monitored by our compliance group and the National NJPA program manager to ensure 100% compliance. 27 Describe your ability and willingness to Johnson Controls will support all geographic areas and market sectors of the United provide your products and services to States through the proposed contract. We will be offering and promoting an awarded Sourcewell participating entities in the contract to all NJPA member segments and verticals through the proposed contract. United States. 28 Describe your ability and willingness to Johnson Controls has sister companies available to support all geographic areas in provide your products and services to Canada: Johnson Controls Canada LP and Tyco Integrated Fire and Security. Sourcewell participating entities in Canada. 29 Identify any geographic areas of the United All geographic areas will be fully serviced. States or Canada that you will NOT be fully serving through the proposed contract. Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir eP,(o Tcttii?r 45 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 30 Identify any Sourcewell participating entity All Sourcewell participating entity sectors will be fully serviced. sectors (i.e., government, education, not-for- profit) that you will NOT be fully serving through the proposed contract. Explain in detail. For example, does your company have only a regional presence, or do other cooperative purchasing contracts limit your ability to promote another contract? 31 Define any specific contract requirements Johnson Controls operates offices located in HI, AK, and US Territories. There will or restrictions that would apply to our not be any additional charges to service customers located within these areas unless participating entities in Hawaii and Alaska they are more than our standard branch response area of 1 hours' travel from the and in US Territories. nearest Johnson Controls office. Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir ePMCttiipr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Table 7: Marketing Plan Line Question Response* Item 32 Describe your marketing strategy for Our proposed Sourcewell marketing plan includes a coordinated effort between Johnson promoting this contract opportunity. Controls and Sourcewell. We will continue to market the Sourcewell program both Upload representative samples of your internally and externally via our corporate websites. Brochures will be dispensed in both marketing materials (if applicable) in hard copy and electronic format. Our team's National Sales Manager, Mr. Tom Staves, will the document upload section of your continue to oversee the program. Mr. Staves will be responsible for driving growth. He will response. be assisted by the following personnel who have also been supporting Sourcewell in the past. The following sales personnel will assist with the training, promotion, and direct sales to Sourcewell clients: Ms. Mary Beth Alexander - New Hire (March 2021) Hayley Nitschke - Marketing The Sourcewell Logo will be added to tradeshow banners and promoted locally and nationally via numerous tradeshows our personnel attends throughout the year. We will continue to promote Sourcewell via our website. We will also distribute a form to clients. The form will be used to request additional information or schedule a meeting with a sales representative. 33 Describe your use of technology and We use a variety of electronic platforms to ensure contract awareness and to continually digital data (e.g., social media, educate customers on life safety in general. Some current updates that are in process metadata usage) to enhance include; having a strong digital component to our advertising program that includes pay-per- marketing effectiveness. click advertising. Online banner advertising, e-newsletters, links to JohnsonControls.com from key websites. We continue to make significant investments in redesigning our website and implementing marketing automation software that integrates with salesforce.com. • Update our existing customer database files for known Sourcewell members • Continuous refresh/updates to the Internet (as stated, there will be a dedicated page to Sourcewell) • Conduct Emailer campaigns • We have launched a very successful webinar series "Learn from the Leader" that takes on a new industry-related topic once per quarter. Free for all that attend. • All Sourcewell customers will have access to Service Channel. A dedicated secure portal where inspection reports, will be uploaded, service calls can be placed, and can even check on the time until the technician arrives. • Will promote via newsletter and corporate announcement 34 In your view, what is Sourcewell's role Johnson Controls Fire Protection has had tremendous success with our previous in promoting contracts arising out of Sourcewell awards. As you see we have many of the same customers still with us under this RFP? How will you integrate a Sourcewell and have greatly expanded the program. We continue to make improvements Sourcewell-awarded contract into your and build upon past successes and learn from our experiences. Affiliated companies sales process? including Johnson Controls Security Solutions, Johnson Controls Inc, Johnson Controls Canada LP and Tyco Integrated Fire and Security have the benefit of working from procedures that have been established by Johnson Controls Fire Protection. Our team is driven to provide efficient public service through our national contract purchasing solutions and other related programs. We are only able to do this as we work together; creating a unified purchasing alliance that is valued by both Sourcewell Members and contracted suppliers. We understand our sales staff will be responsible for the majority of the marketing responsibilities for this contract. We are positioned to continue to work together to support a wide range of Sourcewell clients. 35 Are your products or services Most of our products are designed, developed, and integrated to meet specific customer available through an e-procurement needs. We are able to include select suppression products (fire extinguishers) and other ordering process? If so, describe your off-the-shelf products using this ordering method. e-procurement system and how governmental and educational customers have used it. Table 8: Value-Added Attributes Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir ePN5ctl' DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Line Question Response* Item 36 Describe any product, equipment, Our team offers a variety of training programs suited to meet every aspect of the maintenance, or operator training customer's needs/request. Depending upon the type of system sold, customer training is programs that you offer to part of the original submittal. For instance, security systems are typically sold with an Sourcewell participating entities. extensive training entre that commences upon system acceptance. Fire Alarm systems Include details, such as whether generally have operational training included with the sale of a new panel/system. training is standard or optional, who provides training, and any Our team offers the following types of customer training for all types of systems Security, costs that apply. Fire Alarm, Sprinkler, and Suppression). Onsite — Operational Onsite — Customer Assisted Inspections Off-Site — Maintenance Factory Certified Training Most of the onsite training can be provided at minimum to no cost, though this depends on the requirements of the training syllabus. For instance, some customers require operational training to be videotaped for future reference, etc.; this would be an additional charge. All offsite training would be at an additional charge though some program attendee's only need to pay for their hotel and transportation as actual training is free. There is a variety of programs, which depends on the overall need and how much training the customer wants to receive as this ultimately determines the cost. 37 Describe any technological Johnson Controls is the world's largest pure play life safety systems provider in the industry. advances that your proposed As such, Johnson Controls is dedicated to being on the cutting-edge of today's fire and life products or services offer. safety technology. We recently introduced Open Blue Platform to support our customers. The new services suite, available starting from October 2020, integrate touchless technology, sophisticated ventilation and sanitization systems as well as a flexible infrastructure into digital offerings. This allows a comprehensive range of HVAC, Fire Protection, and Security services to be monitored and managed remotely throughout normal, emergency, and pandemic circumstances. OpenBlue is a complete suite of connected solutions that serves industries from workplaces to schools, hospitals to campuses and more. This platform includes tailored, AI-infused service solutions such as remote diagnostics, predictive maintenance, compliance monitoring, advanced risk assessments and more. A dynamic new space from Johnson Controls, OpenBlue is how buildings come alive. This Highly tailored services for fire protection and security use data-driven insights to support better planning and decision-making, enhanced productivity and optimized performance. OpenBlue technology powers service the way you want it, with options including predictive maintenance, remote diagnostics, and advanced monitoring. Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir ePOCttiipr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 38 Describe any "green" initiatives At Johnson Controls, we've been dedicated to protecting the environment since our invention that relate to your company or to of the electric thermostat in 1885, which provided a fundamental shift in the energy your products or services, and efficiency of buildings. Now, all over the world, our products and services empower include a list of the certifying customers and communities to consume less energy and conserve resources. agency for each. Our Objectives Sustainability is an integral part of our vision and values. Our environmental efforts are conducted with the following objectives in mind: Supporting our company's growth and exceeding our customers' increasing expectations for more sustainable products and services. Fostering a culture of sustainability that engages and attracts people who want to make a difference. Improving our operational efficiency, including lowering costs and reducing the environmental footprint of our operations and supply chain. Expanding engagement with our stakeholders on environmental issues, including leading in global partnerships that increase the scale of our sustainability impact. Demonstrating our commitment from the top, including continued integration of sustainability into company goals and decision-making. Our Accomplishments Across our organization, we seek to continuously improve in our environmental work. We're proud and fortunate to have been included in more than 40 prestigious sustainability indexes in recent years. 2020 World's Most Ethical Company. Our 13thyear in a row to be so recognized—a record only 7 companies worldwide have ever achieved. 100 Best Corporate Citizens, 2020. We achieved the rank of #3in our category and#18 overall among the 100 Best Corporate Citizens for 2020, for environmental, social and governance (ESG) transparency and performance. We were up against 1000 of the biggest companies in the US to achieve this ranking. MSCI AAA Status. This is Morgan Stanley's sustainability index. Only 5% of companies achieve AAA. S&P 500 ESG Index. Even at a time when companies like Walmart, Twitter and Honeywell were dropped from the S&P index, we maintained our spot. We are included in the Dow Jones Sustainability Index as well. Here are just some of the reasons why we've received this recognition: From 2002 through 2017, we are proud to have reduced our energy intensity by 47 percent and our greenhouse gas intensity by 41 percent. Our efforts align with the United Nations Sustainable Development Goals, a universal call to action to end poverty, protect the planet and ensure that all people enjoy peace and prosperity. We always strive to do more, which is why in 2017 we adopted a new 2025 Sustainability Strategy. This strategy drives sustainability across our entire value chain by focusing on five areas: solutions, people, partnerships, performance, and governance. As part of this new strategy, we are committing to new, ambitious 2025 goals related to greenhouse gas emissions, energy, water, waste, safety, and diversity from a 2017 baseline. 39 Identify any third-party issued eco- We are unaware of Certification of an independent products, however Johnson Controls labels, ratings or certifications that uses third-party software Process Map for our Environmental, Health and Safety Information your company has received for System (EHSIS) to track environment, health and safety data from facilities worldwide. Data the equipment or products is reviewed routinely by qualified personnel, including the regular use of an internal audit included in your Proposal related process to check not only data in the system but also site-level checks of original records to energy efficiency or and other aspects. At times, we engage assistance from third-party environmental, health conservation, life-cycle design and safety and ISO consultants for site-specific audits. This includes using, for some sites, (cradle-to-cradle), or other certified registrars to validate and certify our operations to various quality, environmental, six green/sustainability factors. sigma and safety standards, e.g., ISO 9000, ISO 14001, OHSAS 18001. Additionally, filings with environmental, health and safety, and other regulatory agencies are routinely checked internally and by the applicable regulatory agency. Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fire 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 40 Describe any Women or Minority Johnson Controls is a leader in supplier diversity. Since 1993, we have spent more than Business Entity (WMBE), Small $22 billion with certified women- and minority- owned suppliers. Globally, we have included Business Entity (SBE), or veteran more than 300 diverse and historically underutilized companies into more than 30 product owned business certifications that and service procurement categories to support our customer solutions. your company or hub partners have obtained. Upload Johnson Controls' supplier diversity program is successful because of accountability, training, documentation of certification (as and supplier diversity processes that extend into our customer and supplier networks. applicable) in the document Supplier diversity is approached as a discipline that is not confined to one department, upload section of your response. geography, or an elite group of star performers. All of the operational, commercial, and advanced supplier diversity activities are tied together with standardized processes company- wide. 41 What unique attributes does your At Johnson Controls, our vision is a world that's "safe, comfortable, and sustainable"—and company, your products, or your our broad set of innovative security products and services focuses on what you need to services offer to Sourcewell make people, facilities, and assets safe. participating entities? What makes your proposed solutions unique in Johnson Controls F leverages the world-class products and services of our affiliates, such your industry as it applies to as Ansul, Master Protection/FireMaster, Scott, York, Metasys, and Tyco Security Products. Sourcewell participating entities? Serving a geographic area that covers all of North America, Johnson Controls is committed to being a single-source provider that delivers unequaled customer service. Johnson Controls features a number of distinguishing competencies: Highly reliable, technologically advanced fire, life safety, integrated security, communications, and workforce management systems and services. A network of company-owned offices across North America with high-quality systems and consistent services at the local level. Johnson Controls Benefits Include: An Experienced Partner. Johnson Controls' industry expertise spans key vertical markets, including Healthcare, Higher Education, Utilities, Industrial, Manufacturing, Transportation, and Government. Global Resources. Johnson Controls offers local, in-market expertise with regional, national, and global support networks. These networks share resources to support our client's needs and requirements. Best Practices. Our organization seeks to make strategic investments that result in continuous product innovation backed by patent protection. Strategic Plan. Johnson Controls' business model is designed to minimize project risks, preserve our client's profits, and automate efficiencies. By doing so, we gain real-time intelligence from a single, scalable platform capable of providing integrated solutions. Enhanced Services Capabilities Johnson Controls offers a suite of advanced connected life-safety services and technologies powered by OpenBlue. This suite is combined with our technicians' extensive industry knowledge and training to help ensure improved performance and reliability, code compliance, and operational efficiency of customers' fire and life-safety systems. Continuous monitoring and diagnostics enabled by IoT connectivity with a cloud-based platform Field data acquisition enabled by non-intrusive diagnostic technologies and trending analytics Rapid response and issue resolution through Remote Service Support Predictive Diagnostics to diagnose deficiencies and extend equipment life Connected systems providing automatic notifications to helping prevent system failures 24/7 monitoring and live advisory support Preventative maintenance for enhanced system performance and false alarm reduction Xaap (SaaS) solution that provides a centralized platform for building compliance data Table 9: Warranty/Performance Standards or Guarantees Describe in detail your manufacturer warranty program or performance standards or guarantees, including conditions and requirements to qualify, claims procedure, and overall structure. You may upload representative samples of your warranty or performance materials (if applicable) in the document upload section of your response in addition to responding to the Bid Number: RFP 030421 Vendor Name: Johnson Contro$FDirrePN8ctl' DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 questions below. te Question Response* 42 Do your warranties cover all products, parts, and Our warranty structure is set forth to protect our clients against faulty labor? products installed by or workmanship completed by our personnel. Our warranties cover all products, parts, and labor associated with the Johnson Controls Fire Protection LP installed or serviced system. 43 Describe any performance or service standards or A schedule of values is provided with each proposal that provides details of guarantees that apply to your solutions (policies, the service or product being provided, outlines timelines, billing, and metrics, KPIs, response times, up-time guarantees, responsible parties. There are standard communication and response time etc.). protocols (See Documents) 44 Do your warranties impose usage restrictions or There are no usage limitations in our warranty system for Johnson Controls other limitations that adversely affect coverage? Fire Protection LP installed or serviced systems. 45 Do your warranties cover the expense of Technician travel time and mileage to perform warranty repairs are covered technicians' travel time and mileage to perform under our warranty program. warranty repairs? 46 Are there any geographic regions of the United Due to the presence of our company-owned district offices throughout North States or Canada (as applicable) for which you America, we are not aware of any geographic region where we cannot cannot provide a certified technician to perform provide warranty repair services. warranty repairs? How will Sourcewell participating entities in these regions be provided service for warranty repair? 47 Will you cover warranty service for items made by As indicated above, our policy states we will warranty a system installed by other manufacturers that are part of your proposal, our technicians for a period of 1 year from the date of the customer or are these warranties issues typically passed on beneficial use. Service parts carry a 90 day warranty from the date of to the original equipment manufacturer? installation by a qualified technician. Different manufacturers may offer their own equipment warranties that cover the replacement cost of specific system components. 48 What are your proposed exchange and return According to the specific terms of each client's agreement, we can programs and policies? exchange a faulty piece of equipment or system component under warranty for its current equivalent. Equipment that cannot be repaired, or that is part of a legacy system no longer supported, will be replaced at the client's request. 49 Describe any service contract options for the Johnson Controls offers a suite of advanced connected life-safety services items included in your proposal. and technologies powered by OpenBlue. This suite is combined with our technicians' extensive industry knowledge and training to help ensure improved performance and reliability, code compliance, and operational efficiency of customers' fire and life-safety systems. • Rapid response and issue resolution through Remote Service Support • Predictive Diagnostics to diagnose deficiencies and extend equipment life • Connected systems providing automatic notifications to helping prevent system failures • 24/7 monitoring and live advisory support • Preventative maintenance for enhanced system performance and false alarm reduction • Xaap (SaaS) solution that provides a centralized platform for building compliance data 1-5 yearplans are available. We cover parts and labor for normal wear and tear. We also offer preventative maintenance plans where we proactively test systems and provide detailed status reports on findings. These can be performed monthly, quarterly, bi-annually, or annually based upon your needs. Johnson Controls Maintenance Plan will distinguish between hardware and software preventive maintenance. In general, computer-skilled technicians perform software preventive maintenance, and hardware preventive maintenance is performed by our Maintenance Technicians. An important part of our maintenance approach is the incorporation of the individual security system's preventive maintenance requirements as specified by the original equipment manufacturer (OEM). Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirreRco�cOpW9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Table 10: Payment Terms and Financing Options Line Question Response's Item 50 What are your payment terms (e.g., net 10, net 30)? Payment terms are Net 30 for all invoices. For contracting sales, a schedule of values will be outlined and agreed to regarding payment intervals throughout the installation process. 51 Do you provide leasing or financing options, especially It is the intent of Johnson Controls Fire Protection LP to utilize those options that schools and governmental entities may Sourcewell Approved Leasing Vendor NCL for potential financing of need to use in order to make certain acquisitions? our Sourcewell opportunities. Our organization offers various financial solutions in an effort to remain focused on the financing needs of its customers. Program offerings include: Direct Purchase Fair Market Value (FMV) Purchase Option 10% Purchase Option 52 Briefly describe your proposed order process. Include Our team's sales representatives will meet with end-user customers enough detail to support your ability to report quarterly and will develop a quotation. Throughout the process, there will be sales to Sourcewell as described in the Contract template. hooks in place to monitor the entire sales cycle, from initial contact For example, indicate whether your dealer network is to the closing of the individual sales. A lead program will be included in your response and whether each dealer (or instituted that will track all Sourcewell opportunities. Our in- some other entity) will process the Sourcewell participating place "Salesforce.com" system will be used to track the sales entities' purchase orders. process and will also be able to provide status updates in real-time. Also from an IT perspective, hooks will be in place to monitor overall program compliance and ensure that proper pricing and prevailing wages are being utilized. In order to process a completed sale, a Purchase Order or customer signature is required. Contract Sales will be entered by our local office sales personnel and the orders will be tracked within our in place "CPQ" system utilizing a Sourcewell Customer Account Classification Code. All service contracts will be handled by our cooperative centralization team. 53 Do you accept the P-card procurement and payment Yes, customers can pay invoices through our online payment system. process? If so, is there any additional cost to Sourcewell There is no additional cost to Sourcewell members for using this participating entities for using this process? system. For security purposes, our organization does not accept credit card numbers over the phone. We request customers pay through the online payment portal. https://www.simplexgrinnellpayonline.com/. Payment can also be made online via the Customer Portal. Table 11: Pricing and Delivery Provide detailed pricing information in the questions that follow below. Keep in mind that reasonable price and product adjustments can be made during the term of an awarded Contract as desribed in the RFP, the template Contract, and the Sourcewell Price and Product Change Request Form. Line Question Response* Item Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir ePNgcttiipr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 54 Describe your pricing model (e.g., line-item discounts or Johnson Controls Fire Protection proposes to utilize line item product-category discounts). Provide detailed pricing data pricing based upon sales of the previous year's top 50 Commercial (including standard or list pricing and the Sourcewell Customers' sales per product family. Pricing for these line items is discounted price) on all of the items that you want based upon the selling price. This analysis is performed annually, of Sourcewell to consider as part of your RFP response. If the Top 50 Customers, the top and bottom 12.5% are dropped applicable, provide a SKU for each item in your proposal. leaving 75% for computing the average for all contracting-related Upload your pricing materials (if applicable) in the quotes. Johnson Controls Fire Protection proposes to keep the document upload section of your response. margins the same as in the current 031517-SGL award for (Contracting) New Systems and installation Sprinkler margin = 23.4 Electrical margin = 32.0 In-house Contracting labor will be based on NTE labor rates established within each of our local areas. Services will use a discount off of the local branch list sell price for PSAs, replacement service parts, and Labor Outside purchase products and labor with be Cost Plus. NOTE: JCFP would like to provide Sourcewell with notice that it is our intention to potentially be able to modify our pricing to a discount off of list methodology once our new quoting tool is 100% deployed and evaluated for compliance purposes. This methodology would align with our standard commercial sales practices. 55 Quantify the pricing discount represented by the pricing We will provide Sourcewell clients with a discount that is 10% from proposal in this response. For example, if the pricing in that of local branch rates. your response represents a percentage discount from MSRP or list, state the percentage or percentage range. Product pricing is based on our top 50 customers as stated previously. Local branch sales personnel need management approval to obtain rates equal to. 56 Describe any quantity or volume discounts or rebate Volume discounts will be considered on a project-by-project basis. programs that you offer. Most JCFP solutions are customized for each facility and do not qualify for volume discounts. 57 Propose a method of facilitating "sourced" products or Services related services, which may be referred to as "open For any non-standard offering, our team will quote using negotiated market" items or "nonstandard options". For example, you Sourcewell approved hourly labor rates and will be offered on a may supply such items "at cost" or "at cost plus a fixed price basis. For Outside Purchase products and labor, we will percentage," or you may supply a quote for each such utilize an NTE 30% markup over invoiced cost. request. Contracting For any non-standard offering that does not have an associated line item price, we will provide at the approved current 031517-SGL Sourcewell margins: Sprinkler margin = 23.4 Electrical margin = 32.0 58 Identify any element of the total cost of acquisition that is We offer turnkey pricing that includes all costs. Everything included NOT included in the pricing submitted with your response. in the costs is documented in the contract. This includes all additional charges associated with a purchase that are not directly identified as freight or shipping charges. For example, list costs for items like pre- delivery inspection, installation, set up, mandatory training, or initial inspection. Identify any parties that impose such costs and their relationship to the Proposer. 59 If freight, delivery, or shipping is an additional cost to the Freight and Shipping charges are included in the Sourcewell line Sourcewell participating entity, describe in detail the item pricing. There might be additional charges for specialty complete freight, shipping, and delivery program. products such as 300 lbs Suppression tanks, or 55 Gal AFFF foam. If there is such a fee it will be clearly stated upfront to the customer. 60 Specifically describe freight, shipping, and delivery terms or There typically will not be any additional fee unless locations are programs available for Alaska, Hawaii, Canada, or any extremely remote (such as fly-in) these charges would be outlined in offshore delivery. advance to the customer and charged at applicable per diem rates. Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir ePNgcttiipr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 61 Describe any unique distribution and/or delivery methods or Our organization provides local support from our North American options offered in your proposal. network of over 150 local offices in the United States and Canada. Each office functions as a "one-stop-shop" providing parts, supplies, and equipment specific to each of the clients it serves. Additionally, both Johnson Controls Fire Protection and TycoIFS have access to the Tyco Warehouse in Atlanta, Georgia. Staffed with approximately 250 full-time personnel, our team ensures orders are filled promptly. This 240,000 square foot facility stocks extensive inventories of all of the products sold by legacy Tyco International companies, including Simplex fire alarm panels and peripherals, Grinnell and ANSUL fire suppression products, SoftwareHouse, Exacq, Kantech, DSC, and American Dynamics security equipment, and all brands of Nurse Call solutions offered currently or in the past by Tyco. The warehouse ships an average of over 12,000 orders a month, some 6,000 plus items each month are shipped to Johnson Controls Fire Protection and TycoIFS offices. Table 12: Pricing Offered Line The Pricing Offered in this Proposal is: Comments Item 62 c.better than the Proposer typically offers to GPOs,cooperative procurement organizations,or state purchasing Under our multi-customer departments. initiative branch level agreements now need to be approved by domain pricing managers if they could apply to multiple customers. This will ensure the pricing integrity of our multi-customer agreements in which Cooperative Agreements are part of. Pricing for this submission follows the same awarded pricing methodology for Products and Installation. Service is transitioning to a Discount off of list. Table 13: Audit and Administrative Fee Line Question Response* Item 63 Specifically describe any self-audit process or program that you Johnson Controls Fire Protection has a rigorous self-audit plan to employ to verify compliance with your proposed Contract program that is built into our CPQ quoting tool and with Sourcewell. This process includes ensuring that Sourcewell supporting financial systems. As soon as a sales participating entities obtain the proper pricing, that the Vendor representative identifies an opportunity as Sourcewell the reports all sales under the Contract each quarter, and that the CPQ proposal tool provides systemic oversight and will not Vendor remits the proper administrative fee to Sourcewell. allow the proposal to be generated that doesn't meet the minimum requirements. Additionally, there is a review process that happens prior to booking that reviews documentation, customer master setup, to ensure accuracy. 64 Identify a proposed administrative fee that you will pay to Johnson Controls Fire Protection proposes a 1% Sourcewell for facilitating, managing, and promoting the Sourcewell administrative fee. On large opportunities, we would like to Contract in the event that you are awarded a Contract. This fee leave open our ability to further negotiate a reduction on a is typically calculated as a percentage of Vendor's sales under the case-by-case basis. Contract or as a per-unit fee; it is not a line-item addition to the Member's cost of goods. (See the RFP and template Contract for additional details.) Table 14A: Depth and Breadth of Offered Equipment Products and Services Line Question Response* Item 65 Provide a detailed description of the Johnson Controls now provides a wide spectrum of innovative products, expert equipment, products, and services that you installation and services, and systems integration to help improve operational and are offering in your proposal. energy outcomes for customers worldwide. Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir ePgytipr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 HVAC EQUIPMENT Draw on the most comprehensive HVAC portfolio for commercial and residential buildings of all types, ages, and sizes to enhance sustainability, energy use, and the indoor environment. Chillers—air-cooled; water-cooled; connected Condensers and condensing units Dedicated outdoor air systems (DOAS) Duct-free mini-split systems Indoor packaged equipment Rooftop units Variable refrigerant flow (VRF) systems CONTROLS Equip facilities with intelligent HVAC controls to keep occupants comfortable, run equipment efficiently and optimize operating budgets. Actuators Control panels Control sensors Current sensors and transducers Thermostats Valves Variable speed drives SECURITY Help protect and enhance working and living environments today and tomorrow with integrated, customer-specific solutions from the world's leading security company. 24/7 remote monitoring Access control Advanced video surveillance Intrusion detection FIRE, LIFE-SAFETY & HAZARD PROTECTION Help keep people and assets safe with comprehensive solutions, design, installation, service, and monitoring from a world-leading fire and life-safety systems provider. Fire alarm systems Fire sprinkler systems Fire suppression systems Mass notification systems Special hazard solutions OPTIMIZATION & RETROFIT SERVICES Make the most of existing building and financial assets through cost-effective upgrades, central plant strategies, and financing solutions. Central chiller plant optimization Clean energy assessments Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir eP� Tctli DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Energy performance contracts Energy retrofits Equipment financing Healthcare environment optimization Public/private partnerships Technology refresh services Turnkey upgrades and retrofits BUILDING SERVICES & PARTS Tap into resources of the industry's largest service network for HVAC, security and life-safety system installation, and product support. More than 12,000 technicians working out of nearly 500 local offices can provide 24x7x365 proactive monitoring, remote and on-site service and repair, and replacement parts. Aftermarket parts Building remote monitoring Building system and HVAC repair Planned and preventive maintenance Predictive and diagnostic services Security and life-safety system repair LIGHTING CONTROLS & RETROFIT Save energy, minimize costs and meet organizational goals with a range of services, from business remodels, to new construction lighting design, to municipal street lights. Lighting retrofits Street and roadway lighting Turn-key lighting upgrades BUILDING AUTOMATION SYSTEMS Connect commercial HVAC, lighting, security, and protection systems on one platform. Vital data and insights improve efficiency, productivity, and occupants' comfort and safety. Metasys@ building automation system Metasys Enterprise Optimization applications ENERGY STORAGE Rely on our innovative distributed energy storage products to better manage energy use, cut costs and ensure electrical back-up for a building, campus or enterprise. In-building distributed energy storage system Modular distributed energy storage system RETAIL SOLUTIONS Gain real-time insights into retail facilities inventories, employees & customers to achieve maximum business performance in a digitally-driven shopping world. Loss Prevention Inventory Intelligence Traffic Insights Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir eP�gtgctli DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 AIR SYSTEMS Use efficient airflow building-wide to create healthy, comfortable, and visually appealing environments that increase work productivity and occupant satisfaction. Air handling units Air measuring Chilled beams Dampers EcoAdvanceTm HVAC load reduction (HLR) module Energy recovery ventilators Fan and blower Fans Filtration Grilles and diffusers heating coils and cooling coils Louvers Underfloor air distribution Unit ventilators Variable air volume (VAV) terminals Variable speed drives OPERATIONAL INTELLIGENCE & LOSS PREVENTION Helps minimize costs, maximize operational performance and enhance return on investment in security programs with business intelligence solutions. Information management solutions Real-time location systems (RTLS) for asset management Video and traffic analytics BUILDING WIDE SYSTEMS INTEGRATION Construct a smarter building by converging building, business/IT, and specialty systems on an intelligent infrastructure. Let us streamline the process to measurably improve initial and lifecycle costs, enhance function, ensure connectivity and create an innovative, optimized, sustainable environment. 66 Within this RFP category there may be Kitchen Hoods subcategories of solutions. List subcategory High Expansion Foam titles that best describe your products and AFFF services. Air Paks Lighting Systems Smart Systems Table 14B: Depth and Breadth of Offered Equipment Products and Services Indicate below if the listed types or classes of equipment, products, and services are offered within your proposal. Provide additional comments in the text box provided, as necessary. Line Category or Type Offered " Comments Item Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir eP��t�cOpr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 67 Alarm, alert, and signal G Yes Our fire alarm control panels are the heart of a robust and scalable fire and life-safety systems r No communications system. Intelligent, configurable, and expandable, they can meet a wide range of customer and building needs. Our addressable control panels can pinpoint the source of a fire, alert, trouble, or other system event while offering a modular design and an intuitive interface—features that make them easier to install, more reliable, and easier to manage and maintain. 68 Building security C: Yes Our building automation systems are the foundations of modern building energy automation and f No management efficiency. Intelligent, world-class technology systems will connect your integration, lighting control, commercial HVAC, lighting, security, and protection systems. This enables them to and occupancy detection communicate on a single platform to deliver the information you need, allowing you to solutions make smarter, savvier decisions while enhancing your occupants' comfort, safety, and productivity. 69 Fire detection, sprinkler G Yes Effective fire suppression is a multifaceted challenge that demands a wealth of products, and suppression systems r No systems, and knowledge. We have long been a leader in this vital element of helping to protect people and property. In fact, we invented the very first sprinkler more than a century ago and have been delivering expertise, innovations, and service to our customers ever since. Today, we manufacture, configure, and install an unmatched range of fire suppression systems including sprinklers and valves, extinguishers and agents, special hazards systems, related components, and fittings. We serve large, multi-site projects through a network of design centers of excellence. We provide software that helps users design and configure systems to meet their unique requirements. Fire suppression solutions from Johnson Controls can help you meet your most vital mission: safety. We offer fire and life safety products from a wide range of brands to meet specific customer needs globally. Control Panels Sensors and Initiating Devices Notification and Audio Devices Networks and Workstations Emergency Communications We offer fire suppression products from our broad portfolio of brands to meet specific customer needs globally. Fire Sprinklers LFP@ Antifreeze Fire Valves and Devices Fire Grooved Couplings Water Mist Fire Protection Solutions Fire Sprinkler System Design and Software Gaseous Systems and Control Panels Residential Fire Sprinkler Systems Fire Extinguishers Restaurant fire suppression system Vehicle Systems Industrial Systems Foam, Concentrates, Hardware, and Equipment Hazardous Spill Control Autonomous Fire Suppression Mechanical Fittings and Supports Cold Storage Fire Sprinkler Systems Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir ePgicttiipr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 70 Intrusion and breach f•Yes Protecting your home and business is of the highest priority. Identifying potential physical prevention and detection r^ No threats at the earliest will contribute to safeguarding your assets, quickly alert the right solutions authorities, and also prevent any untoward incident from even occurring. At Johnson Controls, we offer a wide range of security products, which will help you do just that. From detectors and sensors to signaling systems coupled with cutting-edge innovation–like PowerG technology–we provide holistic solutions to strengthen your security. Our security specialists offer a range of perimeter protection solutions to suit small businesses and large enterprises. Whether you want to better manage vehicle traffic in and out of your premises or allow clear access to authorized personnel, we offer round-the- clock protection. 71 Glass and window r: Yes Commercial alarm solutions require an array of specialized products—from sensors and security, armor, and r~ No detection panels to integration and remote management tools—as well as the expertise ballistic applications and and capabilities to integrate them into reliable, robust protection systems. solutions Infrared, photoelectric, and motion sensors Industry-leading intrusion detection panels Monitored 24/7 with emergency dispatch Flexible integration with existing systems Inspections, maintenance, service, and support Local, state, and federal regulatory compliance Online management for easy arming/disarming and monitoring Easily integrated with video, access control, and other systems Alarm verification to reduce or eliminate false alarms 72 Closed circuit television r: Yes Cameras have always been an integral part of any monitoring system and are extensively (CCTV), surveillance, and r~ No used, now more than ever. Recognizing the potential of video surveillance to enhance recording solutions security, Johnson Controls brings you integrated solutions to simplify as well as strengthen your video surveillance systems. The array of cutting-edge products provide an end-to-end support–from cameras and monitors to software for easy integration; collection, analysis, and storage of data; all of which contribute to building a powerful and effective security system Video Management Systems License Plate Recognition Video Intelligence Analytics at the Edge IP Camera Features in Action Video Management Technologies Mobile Apps Video Management System Hardware Monitors Network Video Recorders Encoders Network and Digital Video Storage Video Surveillance IP Cameras Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir eP98cttiipr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 73 Facility and parking r: Yes Access control is the first line of defense when it comes to the security of your property. access control solutions r No With a host of trusted brands in the industry, Johnson Controls offer an extensive range of products to suit establishments of any size and type. We provide comprehensive solutions for your security needs, from biometric and electronic access control hardware to the integrated software; to ensure that your security system is not only well-equipped but also capable of doing much more. Through our innovative access control products, we ensure businesses are well-equipped to safeguard their assets as well as uphold the safety of their staff and visitors. Access Control Software Access Control Hardware Hosted and Managed Security High Assurance Solutions Perimeter detection Integrated Solutions 74 Artificial Intelligence (AI) r: Yes More and more, building systems are data-enabled and connected to the web. At Johnson and robotic surveillance r~ No Controls, we are partnering with customers to build smart buildings enabled by artificial solutions intelligence and IoT (Internet of Things). OpenBlue helps enterprises put their building data to work, helping facilities managers discover insights, find efficiencies, and create other sources of value, chief among them sustainability. Johnson Controls is at the forefront of smart facilities with solutions that span your enterprise and offer a wealth of potential benefits. These next-generation smart buildings have unique characteristics that unlock new possibilities for how building occupants— employees and visitors, doctors and patients, or teams and fans—interact with their environment. In partnership with our customers, we are creating the self-conscious, self- healing, and occupant-driven building. 75 Facial recognition and r: Yes The victor and VideoEdge Facial Biometric Analytic immediately alerts operators when thermal screening solutions r" No known individuals enter an area of interest, allowing for a fast and efficient response. Add up to 1,000 faces to victor's Identity Manager, saving resources and providing a scalable facial recognition infrastructure across dozens to hundreds of NVRs. Images can be dynamically added to the database by uploading headshots or saving video still frames. Stored and indexed faces can be easily searched for across the entire enterprise and the corresponding video is displayed for forensic investigation. Utilize this analytic to spot or search for persons of interest such as VIPs, terminated employees, and known criminals. By integrating victor and VideoEdge Facial Biometric Analytics one can easily manage alarms and associated video for a streamlined surveillance system experience. Our non-invasive, contactless thermal camera is ideal for deployment at controlled entrances to areas and facilities where initial skin temperature scanning is needed for staff and visitors. Johnson Controls smart elevated skin temperature scanning solution comprises of a dual sensor, one Thermal the other Colour, camera, and a temperature calibration device known as a Blackbody. 76 Training, consultative, r: Yes Johnson Controls offers several different on-site training approaches that can be customized monitoring, and r No to meet each customer's requirements. This training approach offers the following administrative or technical advantages: support services, and supplies It will facilitate a seamless installation It will have residual benefits for years to come. Our on-site training is designed for the fire alarm system operators who will man the system's head-end equipment. The personnel who will be chosen to maintain the fire alarm system should also attend our on-site training sessions. Many Johnson Controls customers elect to visit the world-class training facility at corporate headquarters in Westminster, Massachusetts where they can take advantage of hands-on training on fire alarm equipment specifically designed for each respective training class. SimplexGrinnell is unique in the industry because we offer custom training courses. It is highly probable that our instructors will be the only personnel in the room with the customer's trainees. We will develop a specific course that will be presented only to each customer's employees. We offer courses for the customer participants who will service, program, and maintain the Johnson Controls fire alarm system. This training will allow each customer's personnel to service and maintain, and to identify, correct, and make adjustments or modifications to our Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir eP98cttiipr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 system. At the completion of this training, each customer's personnel should be able to maintain, alter, troubleshoot and manage our equipment. Online training courses are also offered through the Johnson Controls Learning Network which is Internet-accessible. Customers are provided user accounts to access these courses which can be taken multiple times each if desired. Monitoring Our ULC listed monitoring center(s) work with our install team to ensure all zones from your sites have been reported in properly. Our Data entry team will make sure your call lists and specific site instructions are added prior to the installation taking place. In the event of an alarm emergency, our Central Monitoring Station will notify agencies / chosen individuals. Our technicians continue to call the customer contact list until they successfully reach someone. The personnel located in the Central Monitoring Station can communicate instantly — by phone, cell phone, fax, or pager — with anyone in the United States. Alert situations are brought up immediately on the screen, along with a profile containing all pertinent information such as: The nature of the incident. The person or persons to be contacted. The procedure to follow in case of emergency. The location of where the call is originating The procedure to follow in case of emergency Johnson Controls Holds a Patent for its Leading-Edge Telecommunications Technology Identification of whether a smoke detector, air duct detector, or heat detection alarm has been activated. The Center monitors fire systems, security systems, remote CCTV systems, and elevator alarm systems, and its services are exclusively focused on the commercial, industrial and institutional markets. When alarm messages come into the Center, trained operators are able to respond immediately. The Center's systems provide operators with access to all pertinent information necessary to respond to emergency situations, including the location and nature of the incident and a detailed listing of whom to call. Technical Support Johnson Controls has established a Corporate Service Resource Center in Westminster, Massachusetts. The SRC receives, schedules and dispatches service repair (break/fix) calls for all product lines for all Johnson Controls District offices throughout North America. The change to a centralized model enables our organization to better communicate with our customers throughout the lifecycle of the service request. We can also leverage technology as well as standard business processes to keep customers informed to maximize their service experience. This approach is meant to enhance our current service offering and create efficiencies in our service response processes to allow for better utilization of our staff of over 8,000 technicians. The National Service Response Center also builds on other key advancements Johnson Controls is investing in. Examples include GPS technology, customer service skills training, and skills training and certification for technicians. Our customers still have a high level of contact with each local District office and each office will still be responsible for executing the service work with local technicians. The center allows our organization to concentrate efforts on ensuring customers receive high- quality service from our organization. Supplies Each Johnson Controls technical representative is supplied with a Johnson Controls technical service vehicle, stocked with a full set of Johnson Controls supplied tools, Bid Number: RFP 030421 Vendor Name: Johnson Contro$FiirreP,rote ti W9_ DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 electrical troubleshooting meters, a repair parts inventory, laptop computer, as well as communications equipment. In the unlikely event that a Johnson Controls service technician does not have the required part in the vehicle, we maintain a supply of genuine original equipment Johnson Controls replacement parts at each district office, or overnight from our factory. Our local District office maintains a supply of Johnson Controls fire alarm system parts. This supply will ensure system repairs will be accomplished in a timely manner. If we do not have the required part in stock at our District office, we are able to draw from other Johnson Controls district offices. Our office also has unequaled access to spare parts and equipment from Global Products, Building Technologies & Solutions, the manufacturer of the proposed Johnson Controls systems. Global Products and Johnson Controls Service offices are both owned and operated by our parent company, Johnson Controls International. Johnson Controls operates a state-of-the-art warehouse facility in the Atlanta, Georgia area. This warehouse supplies key products to Johnson Controls offices and distributes products worldwide. Staffed with approximately 250 full-time personnel, this team ensures orders are filled promptly. Table 15: Industry Specific Questions Line Item Question Response* 77 If you are awarded a contract, provide a Johnson Controls has established KPI's for evaluating the performance of our few examples of internal metrics that will Cooperative Program. These internal metrics are comprised of data from both be tracked to measure whether you are sales and finance. For example, one key metric that we utilize is the number of having success with the contract. sales representatives that have an active Sourcewell proposal in the Sales Force pipeline. 78 Describe any safeguards included in your Our approach to addressing these modern cybersecurity threats is comprehensive. In proposed solutions that protect the presentation we will explain the elements which comprise our approach; each participating entities' sensitive information. element of the program plays an important role in minimizing risk. At Johnson Controls we must continuously evolve our cybersecurity practices as cybersecurity is continuously evolving. Johnson Controls' Product Security Program builds on the holistic methodology which has been the principle mindset that guided our cybersecurity practices. Preserving all the elements of the initial program, the enhanced program applies the holistic methodology to the three main lifecycle phases of our products (which we will go over in more detail later on in this presentation). By focusing on the development, deployment, and support lifecycle phases we offer: 1. Securely developed products 2. Secure deployment services 3. and Rapid incident response Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir ePggcttiipr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 79 Explain your organization's approach to At Johnson Controls our approach to cyber protection is aimed at providing peace cyber security as it relates to your of mind to our customers. Our Higher level of Commitment helps to calm their proposed solutions. concerns by replacing fear with pragmatic solutions and cyber-resilient systems that provide a range of capabilities to complement their diverse security needs. Our holistic cyber mindset begins at the initial design concept, continues through development, and supported through deployment, and includes a rapid incident response to meet the comprehensive and evolving cybersecurity environment. We provide and support cyber-resilient systems with a range of capabilities to complement the diverse security needs of our customers. Having engineering teams trained in cybersecurity has given Johnson Control an advantage in developing products that consider cybersecurity within its core design. Our certified cybersecurity experts work to validate designs using the latest recognized industry standards and practices. Our cybersecurity experts have certification including, but limited to, Certified Information Systems Security Professional, Certified Secure Software Lifecycle Professional, Certified Cloud Security Professional, and Certified Ethical Hacker. We believe that expert-driven cybersecurity designs provide the forethought required to reduce cybersecurity risk. The holistic design of the Product Security Program results in many benefits which can be linked to a specific element of the program. A few of these benefits include: The policy-driven team assures that cybersecurity is not an afterthought. The secure development practices result in product designs that are more cyber- resilient Cybersecurity testing discovers and addresses critical vulnerability before release Education on cybersecurity empowers customers to approach cyber risks pragmatically Our rapid incident response assesses new threats and vulnerabilities and advises customer on how to reduce their cybersecurity risk in a timely manner. 80 Describe how emerging technologies are OpenBlue is a complete suite of connected solutions that delivers impactful or will be incorporated in your proposed sustainability, new occupant experiences, and respectful safety and security that solutions. combines our 135 years of building expertise with cutting-edge technology. It also features a suite of tailored, AI-powered service solutions such as remote diagnostics, predictive maintenance, compliance monitoring, advanced risk assessments, and more. Different security events demand different responses from SOC teams; some have life-safety consequences. Too often, standard response instructions in paper-based SOP documents are at best time consuming to reference and at worst — often outdated. OpenBlue Active Responder is an all-in-one procedure administration solution that digitizes static standard operating procedures in a cloud portal application for SOC Teams to follow each of the dynamic steps of the SOP as a series of actionable instructions. Unidentified threats may have life-safety consequences or significantly disrupt the enterprise. Without the ability to quickly distinguish key threats from insignificant events, security analysts have no hope of responding effectively to security events and effectively mitigating potential damage. Facing an ever-changing threat landscape, Security Professionals are asked to monitor and report on the organization's ability to meet the preparedness and response requirements to key threats and risks. OpenBlue Risk Insight helps quantify threat impact using asset risk score, so you can report on asset risk over periods of time as part of your ongoing risk management practices. Modern physical security solutions live in the cloud and they bring all the typical benefits associated with any digital transformation– centralized management, scalable solutions, access to tools that require powerful processing, and reduction in costs. Today, thousands of businesses and organizations trust OpenBlue Cloudvue to simplify surveillance, streamline access control, and provide powerful intelligence that improves security operations and helps with organizational efficiency. Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir eP96cttiipr� 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 81 Explain how your organization has The Johnson Controls'corporate vision states, "Our products,services, and adapted to provide effective service during workplaces reflect our belief that what is good for the environment and the safety the ongoing COVID-19 pandemic. and health of all people is good for Johnson Controls." In support of this vision,our regional management teams are strongly committed to providing a safe work environment for all employees. The philosophy and objectives behind this commitment are: The safety and health of all employees and the environment is a top priority that is critical to the success of the business. The only acceptable level of safety performance prevents employee injury and accidents. Safety is the responsibility of every employee,equal to customer satisfaction,quality, profitability,and efficiency. Every day,our goal is to foster an injury-free workplace.All employees receive extensive safety training starting with new hire orientation and continuing with regularly scheduled safety talks,job hazard analysis,and pre-task planning. Our comprehensive 600-plus-page safety program is detailed,documented, and available in electronic format for all of our employees. We also abide by national,state,and local safety codes,as well as those established by the university. In keeping with our Zero Harm vision,we have instituted new measures to prevent the spreading of COVID-19 virus at workplace and construction-sites and are requiring our subcontractors to adhere to these measures as well. We have implemented guidance for all employees on the preventative actions they can take to minimize the risk of infection (handwashing, respiratory hygiene, and cough etiquette to avoid transmission of a contagious virus,etc.). We have increased the frequency of cleaning and sanitization activities at our facilities and while at customer sites. We have restricted all non-critical air travel,international and domestic,for our employees. Business Continuity Planning Teams have been activated regionally and are proactively monitoring regional changes regarding COVID-19. Escalation plans have been put in place to protect our customers,employees,and subcontractors as part of our standard business continuity plans and ensure appropriate precautionary measures are being taken. Persons who have potentially been exposed, regardless of where or how, are requested to report so immediately,and we have provided subsequent guidance to all of our leaders, Human Resource teams,and employees on the process. Control measures to prevent further spreading will include,as appropriate:thorough worksite disinfection, preventive quarantining,and notification of all internal and external contacts(including recent customer contacts). Bid Number: RFP 030421 Vendor Name: Johnson Control are fffffiT 949 000uSignEnvelope ID: o4007ooE-ca4o-4o4o+AEon-5o7EozEAao10 Exceptions boTerms, Conditions, orSpecifications Form Only those Proposer Exceptions to Terms, Conditions, orSpecifications that have been accepted by Sourcewe|| have been incorporated into the contract text Bid Number: RFP U3U421 Vendor Name: Johnson Contro| ohun-L2. ��@Qe 361 {� S4S DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 Proposer's Affidavit PROPOSER AFFIDAVIT AND ASSURANCE OF COMPLIANCE I certify that I am the authorized representative of the Proposer submitting the foregoing Proposal with the legal authority to bind the Proposer to this Affidavit and Assurance of Compliance: 1. The Proposer is submitting this Proposal under its full and complete legal name, and the Proposer legally exists in good standing in the jurisdiction of its residence. 2. The Proposer warrants that the information provided in this Proposal is true, correct, and reliable for purposes of evaluation for contract award. 3. The Proposer, including any person assisting with the creation of this Proposal, has arrived at this Proposal independently and the Proposal has been created without colluding with any other person, company, or parties that have or will submit a proposal under this solicitation; and the Proposal has in all respects been created fairly without any fraud or dishonesty. The Proposer has not directly or indirectly entered into any agreement or arrangement with any person or business in an effort to influence any part of this solicitation or operations of a resulting contract; and the Proposer has not taken any action in restraint of free trade or competitiveness in connection with this solicitation. Additionally, if Proposer has worked with a consultant on the Proposal, the consultant(an individual or a company) has not assisted any other entity that has submitted or will submit a proposal for this solicitation. 4. To the best of its knowledge and belief, and except as otherwise disclosed in the Proposal, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest. An organizational conflict of interest exists when a vendor has an unfair competitive advantage or the vendor's objectivity in performing the contract is, or might be, impaired. 5. The contents of the Proposal have not been communicated by the Proposer or its employees or agents to any person not an employee or legally authorized agent of the Proposer and will not be communicated to any such persons prior to Due Date of this solicitation. 6. If awarded a contract, the Proposer will provide to Sourcewell Participating Entities the equipment, products, and services in accordance with the terms, conditions, and scope of a resulting contract. 7. The Proposer possesses, or will possess before delivering any equipment, products, or services, all applicable licenses or certifications necessary to deliver such equipment, products, or services under any resulting contract. 8. The Proposer agrees to deliver equipment, products, and services through valid contracts, purchase orders, or means that are acceptable to Sourcewell Members. Unless otherwise agreed to, the Proposer must provide only new and first-quality products and related services to Sourcewell Members under an awarded Contract. 9. The Proposer will comply with all applicable provisions of federal, state, and local laws, regulations, rules, and orders. 10. The Proposer understands that Sourcewell will reject RFP proposals that are marked "confidential" (or"nonpublic," etc.), either substantially or in their entirety. Under Minnesota Statutes Section 13.591, subdivision 4, all proposals are considered nonpublic data until the evaluation is complete and a Contract is awarded. At that point, proposals become public data. Minnesota Statutes Section 13.37 permits only certain narrowly defined data to be considered a"trade secret," and thus nonpublic data under Minnesota's Data Practices Act. 11. Proposer its employees, agents, and subcontractors are not: a. Included on the"Specially Designated Nationals and Blocked Persons" list maintained by the Office of Foreign Assets Control of the United States Department of the Treasury found at: htt s://www.treasur govlofacldown IoadslsdnIist.pdf; b. Included on the government-wide exclusions lists in the United States System for Award Management found at: hftps://sam.gov/SAM/, or Bid Number: RFP 030421 Vendor Name: Johnson Contro$FDir, PMt�cttii?D 9 DocuSign Envelope ID: D4B07D3E-C843-4343-AE25-527EC2EA8D16 c. Presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from programs operated by the State of Minnesota; the United States federal government or the Canadian government, as applicable; or any Participating Entity. Vendor certifies and warrants that neither it nor its principals have been convicted of a criminal offense related to the subject matter of this solicitation. P7 By checking this box I acknowledge that I am bound by the terms of the Proposer's Affidavit, have the legal authority to submit this Proposal on behalf of the Proposer, and that this electronic acknowledgment has the same legal effect, validity, and enforceability as if I had hand signed the Proposal. This signature will not be denied such legal effect, validity, or enforceability solely because an electronic signature or electronic record was used in its formation. - Tracy Long , VP &GM Fire BSNA, Johnson Controls Fire Protection LP The Proposer declares that there is an actual or potential Conflict of Interest relating to the preparation of its submission, and/or the Proposer foresees an actual or potential Conflict of Interest in performing the contractual obligations contemplated in the bid. Yes (-. No The Bidder acknowledges and agrees that the addendum/addenda below form part of the Bid Document. Check the box in the column "I have reviewed this addendum" below to acknowledge each of the addenda. I have revs e ed Hie File Name be1ow addendum and Pages attachents tit' appIleableE Addend um_8_Facility_Security_RFP_030421 r 4 Thu February 25 2021 04:41 PM Addend um_7_Facility_Security_RFP_030421 r 2 Wed February 24 2021 01:48 PM Addend um_6_Facility_Security_RFP_030421 r 2 Thu February 18 2021 12:56 PM Addend um_5_Facility_Security_RFP_030421 r 1 Wed February 10 2021 04:31 PM Addendum_4 Facility_Security_RFP_030421 IRV- 1 Thu February 4 2021 03:25 PM Addend um_3_Facility_Security_RFP_030421 r 1 Tue February 2 2021 02:17 PM Addendum_2_Facility_Security_RFP_030421 r10 1 Thu January 28 2021 01:03 PM Addendum_1_Facility_Security_RFP_030421 - 1 Tue January 19 2021 12:31 PM Bid Number: RFP 030421 Vendor Name: Johnson Contro$Fiir ePMtyti?r 9 6.H. Consent Agenda 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 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 April 5, 2022 - "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 NUMBER RENEWAL AMOUNT SOLICITATION TERM Fischer Public Water Treatment Plants and Piggy-Back State Contract April 1, Annual Scientific No. 4112000-20-ACS 2022 - Estimated Company, Water Quality Lab Research Laboratory and Equipment March 31, Expenditure LLC Laboratory Supplies and Chemicals Supplies 2023 $60,000 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 364 of 949 Grant Amount: Attachments: Type Description D Attachment Bid Extensions and Piggy-Backs under $100,000 D Attachment Fisher Scientific Company, L.L.C. -Amendment No, 2 - State of FL Contract Renewal Page 365 of 949 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS April 5, 2022 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Brian Heller TERM: April 1, 2022 to March 31, 2023 SOURCE FOR PURCHASE: Piggy-Back off of the State Contract No. 4112000-20-ACS ACCOUNT NUMBER: 401-2811-536.52-21; 401-2819-536.52-21 VENDOR(S): Fisher Scientific Company LLC ANNUAL ESTIMATE: $60,000 401-2811-536.52-21 $30,000 401-2819-536.52-21 $30,000 DESCRIPTION: On June 2, 2020 Commission approved the Piggy-Back of the State of Florida Contract No. 41120000-20-ACS with Fisher Scientific Company, L.L.C. for Laboratory Equipment and Supplies. The contract was renewed for an additional one-year term. Approve the contract renewal April 1, 2022— March 31, 2023. DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAA6A3F986 Departmer7t of MANAGNENT S=GUIG e Ser„e serp,I',eridra CONTRACT AMENDMENT NO.: 2 Contract No.: 41120000-20-ACS Laboratory Equipment and Supplies This Contract Amendment ("Amendment"), effective as of April 1, 2022, to the Laboratory Equipment and Supplies, Contract No. 41120000-20-ACS ("Contract"), is made by and between the State of Florida, Department of Management Services ("Department"), and Fisher Scientific Company L.L.C., ("Contractor"), collectively referred to herein as the "Parties." All capitalized terms used herein have the meaning assigned to them in the Contract unless otherwise defined herein. WHEREAS, on March 2, 2020, the Department entered into the above-referenced Contract with Fisher Scientific Company L.L.C., for the provision of laboratory equipment and supplies; and WHEREAS, The State of Idaho, Master Agreement MA16000234-1 (Master Agreement) was amended to extend the term with a new expiration date of March 31, 2023, as set forth in Amendment No. 3, of the Master Agreement. WHEREAS, the Parties wish to amend the term of the Contract such that it will expire March 31, 2023. THEREFORE, in consideration of the mutual promises contained below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree to the following: I. ACS Term Revision. Paragraph 1, Term and Effective Date of the Contract, is hereby deleted and replaced in its entirety as follows: The term of this Contract began on March 2, 2020. This Contract will end March 31, 2023, unless terminated earlier in accordance with the Special Contract Conditions. Page 1 of 2 Page 367 of 949 DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAA6A3F986 CONTRACT AMENDMENT NO.: 2 Contract No.: 41120000-20-ACS Laboratory Equipment and Supplies II. Contract Amendment The Contract is amended to replace Exhibit A, Additional Special Contract Conditions in its entirety. The attached Exhibit A: Additional Special Contract Conditions shall apply to this Contract upon execution of this Amendment by both Parties. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment will control. IV. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract will continue in full force and effect. IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes any attached and incorporated Exhibits, to be executed by their undersigned officials as duly authorized. This Amendment is not valid and binding until signed and dated by the Parties. CONTRACTOR STATE OF FLORIDA, FISHER SCIENTIFIC DEPARTMENT OF COMPANY L.L.C. MANAGEMENT SERVICES •oocusigr,ea by: vrc PAmv, ric PSiferson J. Todd, Inman Secretary 2/24/2022 1 1:33 PM EST Date Date Page 2 of 2 Page 368 of 949 DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAA6A3F986 CONTRACT AMENDMENT NO.: 2 Contract No.: 41120000-20-ACS Laboratory Equipment and Supplies II. Contract Amendment The Contract is amended to replace Exhibit A, Additional Special Contract Conditions in its entirety. The attached Exhibit A: Additional Special Contract Conditions shall apply to this Contract upon execution of this Amendment by both Parties. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment will control. IV. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract will continue in full force and effect. IN WITNESS THEREOF, the Parties hereto have caused this Contract, which includes any attached and incorporated Exhibits, to be executed by their undersigned officials as duly authorized. This Amendment is not valid and binding until signed and dated by the Parties. CONTRACTOR STATE OF FLORIDA, FISHER SCIENTIFIC DEPARTMENT OF COMPANY L.L.C. M _ ENT SERVICES DocuSigned by: Inc Paffiyuv,, 59 ric raWe"rson J.Todd, Inman Secretary 2/24/2022 1 1:33 PM EST a� . Date Date Page 2 of 2 Page 369 of 949 DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAMAY986 Department of MANAGEMENT SERVICES I We serve those who serve Florida ADDITIONAL SPECIAL CONTRACT CONDITIONS The Contractor and agencies, as defined in section 287.012, Florida Statutes acknowledge and agree to be bound by the terms and conditions of the Master Contract except as otherwise specified in the Contract, which includes the Special Contract Conditions and these Additional Special Contract Conditions. A. Orders: Contractor must be able to accept the State of Florida Purchasing Card and MyFloridaMarketPlace (MFMP) purchase orders. B. Contractor and Subcontractors, Affiliates, Partners, Resellers, Distributors, and Dealers: By execution of a Contract, the Contractor acknowledges that it will not be released of its contractual obligations to the Department or state agencies because of any failure of an affiliate, partner, subcontractor, reseller, distributor, or dealer. The Contractor is responsible for ensuring that its affiliates, partners, subcontractors, resellers, distributors, and dealers providing commodities and performing services in furtherance of the Contract do so in compliance with the terms and conditions of the Contract. The Contractor is fully responsible for satisfactory completion of all work performed under the Contract. C. Preferred Pricing Affidavit: It is the responsibility of the Contractor to provide a completed Preferred Pricing Affidavit upon Contract execution and annually thereafter throughout the Contract term in accordance with the Special Contract Conditions. D. Purchases Prerequisites: Contractor must ensure that entities receiving payment directly from Customers under this Contract must have met the following requirements: • Have an active registration with the Florida Department of State, Division of Corporations (www.sunbiz.org), or, if exempt from the registration requirements, provide the Department with the basis for such exemption. • Be registered in the MFMP Vendor Information Portal (htts://vendor. myfloridamarketplace.com). • Have a current W-9 filed with the Florida Department of Financial Services (https://fivendor.myfloridacfo.com) E. Punchout Catalog and Electronic Invoicing. The Contractor is required to provide a MFMP punchout catalog. The punchout catalog provides an alternative mechanism for suppliers to offer the State access to Products awarded under the Contract. The punchout catalog also allows for direct communication between the MFMP eProcurement System and a supplier's Enterprise Resource Planning (ERP) system, which can reflect real-time Product inventory/availability information. Through utilization of the punchout catalog model, a Florida buyer will "punch out" to a supplier's website. Using the search tools on the supplier's Florida punchout catalog site, the user selects the desired Products. When complete, the user exits the supplier's 1 Page 370 of 949 DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAMAY986 punchout catalog site and the shopping cart (full of Products) is "brought back" to MFMP. No orders are sent to a supplier when the user exits the supplier's punchout catalog site. Instead, the chosen Products are "brought back" to MFMP as line items in a purchase order. The user can then proceed through the normal workflow steps, which may include adding/editing the Products (i.e., line items) in the purchase order. An order is not submitted to a supplier until the user approves and submits the purchase order, at which point the supplier receives an email with the order details. The Contractor may supply electronic invoices in lieu of paper-based invoices for those transactions processed through MFMP. Electronic invoices may be submitted to the agency through one of the mechanisms as listed below: 1) EDI (Electronic Data Interchange) This standard establishes the data contents of the Invoice Transaction Set (810) for use within the context of an Electronic Data Interchange (EDI) environment. This transaction set can be used for invoicing via the Ariba Network (AN) for catalog and non-catalog goods and services. 2) PO Flip via AN This online process allows Contractors to submit invoices via the AN for catalog and non-catalog goods and services. Contractors have the ability to create an invoice directly from their inbox in their AN account by simply "flipping" the PO into an invoice. This option does not require any special software or technical capabilities. The Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider of MFMP, a State contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within MFMP. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third-party provider the right and license to reproduce and display within MFMP the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the Contract. F. Contract Reporting: The Contractor shall provide the Department the following accurate and complete reports associated with this Contract. 1) Contract Quarterly Sales Reports. The Contractor shall submit complete Quarterly Sales Reports to the Department's Contract Manager within 30 calendar days after the close of each State fiscal quarter (the State's fiscal quarters close on September 30, December 31, March 31, and June 30). Reports must be submitted in MS Excel using the DMS Quarterly Sales Report Format, which can be accessed at https://www.dms.myflorida.com/business operations/ state purchasing/vendor resources/quarterly sales report format. Initiation and submission of the most recent version of the Quarterly Sales Report posted on the DMS website is the responsibility of the Contractor without prompting or notification from the Department's Contract Manager. If no orders are received during the quarter, the Contractor must email the DMS Contract Manager confirming there was no activity. 2) Certified and Minority Business Enterprises Reports. Upon Customer request, the Contractor shall report to each Customer spend with certified and other minority Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Page 371 of 949 DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAA6A3F986 business enterprises in the provision of commodities or services related to the Customer orders. These reports shall include the period covered; the name, minority code, and Federal Employer Identification Number of each minority business enterprise utilized during the period; commodities and services provided by the minority business enterprise; and the amount paid to each minority business enterprise on behalf of the Customer. 3) Ad Hoc Sales Reports. The Department may require additional Contract sales information such as copies of purchase orders or ad hoc sales reports. The Contractor shall submit these documents and reports in the format acceptable to the Department and within the timeframe specified by the Department. 4) MFMP Transaction Fee Reports. The Contractor shall submit complete monthly MFMP Transaction Fee Reports to the Department. Reports are due 15 calendar days after the end of each month. Information on how to submit MFMP Transaction Fee Reports online can be located at https://www.dms.myflorida.com/business operations/state purchasing/myfloridamarketlace/mfm vendors/transaction fee and reporting. Assistance with transaction fee reporting is also available by email at feeprocessing(a)myfloridamarketplace.com or telephone at 866-FLA-EPRO (866-352- 3776) from 8:00 a.m. to 6:00 p.m. Eastern Time. G. Financial Consequences: The Department reserves the right to impose financial consequences when the Contractor fails to comply with the requirements of the Contract. The following financial consequences will apply for the Contractor's non-performance under the Contract. The Customer and the Contractor may agree to add additional Financial Consequences on an as-needed basis beyond those stated herein to apply to that Customer's resultant contract or purchase order. The State of Florida reserves the right to withhold payment or implement other appropriate remedies, such as Contract termination or nonrenewal, when the Contractor has failed to comply with the provisions of the Contract. The Contractor and the Department agree that financial consequences for non-performance are an estimate of damages which are difficult to ascertain and are not penalties. The financial consequences below will be paid and received by the Department of Management Services within 30 calendar days from the due date specified by the Department. These financial consequences below are individually assessed for failures over each target period beginning with the first full month or quarter of the Contract performance and every month or quarter, respectively, thereafter. Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Page 372 of 949 DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAA6A3F986 Financial Consequences Chart Financial Performance Performance Due Consequence for Non- Deliverable Performance/Not Metric Date Received by the Contract Manager Contractor will All Quarterly Sales Completed reports $250 per day late timely submit Reports will be are due on or complete Quarterly submitted timely before the 301h Sales Reports with the required calendar day after information the close of each State fiscal quarter Contractor will All MFMP Completed reports $100 per day late timely submit Transaction Fee are due on or complete MFMP Reports will be before the 151h Transaction Fee submitted timely calendar day after Reports with the required the end of each information month No favorable action will be considered when Contractor has outstanding Contract Quarterly Sales Reports, MFMP Transaction Fee Reports, or any other documentation owed to the Department or Customer, to include fees / monies, that is required under this Contract. H. Business Review Meetings: Both the Department and Customer reserve the right to schedule business review meetings. The Department or Customer may specify the format or agenda for the meeting. At a minimum, the Business Review Meeting may include the following topics: a. Contract compliance b. Contract savings (in dollar amount and cost avoidance) c. Spend reports by Customer d. Recommendations for improved compliance and performance I. Special Contract Conditions revisions: the corresponding subsections of the Special Contract Conditions referenced below are replaced in their entirety with the following: Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Page 373 of 949 DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAMAY986 2.2 Renewal. Upon written agreement, the Department and the Contractor may renew the Contract in whole or in part only as set forth in the Contract documents, and in accordance with section 287.057(14), F.S. 3.7 Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system. Pursuant to Section 287.057(24), F.S., all payments shall be assessed a Transaction Fee of one percent (1.0%), or as may otherwise be established by law, which the vendor shall pay to the State. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the vendor. If automatic deduction is not possible, the vendor shall pay the Transaction Fee pursuant to subsection 60A- 1.031(2), F.A.C. By submission of these reports and corresponding payments, vendor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. The vendor shall receive a credit for any Transaction Fee paid by the vendor for the purchase of any item(s) if such item(s) are returned to the vendor through no fault, act, or omission of the vendor. Notwithstanding the foregoing, a Transaction Fee is non-refundable when an item is rejected or returned, or declined, due to the vendor's failure to perform or comply with specifications or requirements of the agreement. Vendors will submit anymonthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or submission of required reporting of transactions shall constitute grounds for declaring the Vendor in default. 5.1 Conduct of Business. The Contractor must comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and authority. For example, the Contractor must comply with section 274A of the Immigration and Nationality Act, the Americans with Disabilities Act, Health Insurance Portability and Accountability Act, if applicable, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. The provisions of subparagraphs 287.058(1)(a)- (c) and (g), F.S., are hereby incorporated by reference. Nothing contained within this Contract shall be construed to prohibit the Contractor from disclosing information relevant to performance of the Contract or purchase order to members or staff of the Florida Senate or Florida House of Representatives. Pursuant to section 287.057(26), F.S., the Contractor shall answer all questions of, and ensure a representative will be available to, a continuing oversight team. The Contractor will comply with all applicable disclosure requirements set forth in section 286.101, F.S. In the event the Department of Financial Services issues the Contractor a final order determining a third or subsequent violation pursuant to section 286.101(7)(c), F.S., the Contractor shall immediately notify the Department and applicable Customers and shall be disqualified from Contract eligibility. Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Page 374 of 949 DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAA6A3F986 5.4 Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists. In accordance with sections 287.133, 287.134, and 287.137, F.S., the Contractor is hereby informed of the provisions of sections 287.133(2)(a), 287.134(2)(a), and 287.137(2)(a), F.S. For purposes of this Contract, a person or affiliate who is on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List may not perform work as a contractor, supplier, subcontractor, or consultant under the Contract. The Contractor must notify the Department if it or any of its suppliers, subcontractors, or consultants have been placed on the Convicted Vendor List, the Discriminatory Vendor List, or the Antitrust Violator Vendor List during the term of the Contract. In accordance with section 287.1351, F.S., a vendor placed on the Suspended Vendor List may not enter into or renew a contract to provide any goods or services to an agency after its placement on the Suspended Vendor List. A firm or individual placed on the Suspended Vendor List pursuant to section 287.1351, F.S., the Convicted Vendor List pursuant to section 287.133, F.S., the Antitrust Violator Vendor List pursuant to section 287.137, F.S., or the Discriminatory Vendor List pursuant to section 287.134, F.S., is immediately disqualified from Contract eligibility. 5.6 Cooperation with Inspector General and Records Retention. Pursuant to section 20.055(5), F.S., the Contractor understands and will comply with its duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any information the Inspector General deems relevant. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for the longer of five years after the expiration or termination of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State, at the Department of State's Records Management website. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include but will not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor agrees to impose the same obligations to cooperate with the Inspector General and retain records on any subcontractors used to provide goods or services under the Contract. 8.1.1 Termination of Contract. The Department may terminate the Contract for refusal by the Contractor to comply with this section by not allowing access to all public records, as defined in Chapter 119, F.S., made or received by the Contractor in conjunction with the Contract unless the records are exempt from s. 24(a) of Art. I of the State Constitution and section 119.071(1), F.S. 8.1.2 Statutory Notice. Pursuant to section 119.0701(2)(a), F.S., for contracts for services with a contractor acting on behalf of a public agency, as defined in section 119.011(2), F.S., the following applies: Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Page 375 of 949 DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAMAY986 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE DEPARTMENT'S CUSTODIAN OF PUBLIC RECORDS AT PUBLICRECO MS.FL.GOV, (850) 487-1082 OR 4050 ESPLANADE WAY, SUITE 160, TALLAHASSEE, FLORIDA 32399-0950. Pursuant to section 119.0701(2)(b), F.S., for contracts for services with a contractor acting on behalf of a public agency as defined in section 119.011(2), F.S., the Contractor shall: (a) Keep and maintain public records required by the public agency to perform the service. (b) Upon request from the public agency's custodian of public records, provide the public agency with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, F.S., or as otherwise provided by law. (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law for the duration of the Contract term and following the completion of the Contract if the Contractor does not transfer the records to the public agency. (d) Upon completion of the Contract, transfer, at no cost,to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the Contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the Contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. 12.1 Performance or Compliance Audits. The Department may conduct or have conducted performance and/or compliance audits of the Contractor and subcontractors as determined by the Department. The Department may conduct an audit and review all the Contractor's and subcontractors' data and records that directly relate to the Contract. To the extent necessary to verify the Contractor's fees and claims for payment under the Contract, the Contractor's agreements or contracts with subcontractors, partners, or agents of the Contractor, pertaining to the Contract, may be inspected by the Department upon fifteen (15) calendar days' notice, during normal working hours and in accordance with the Contractor's facility access procedures where facility access is required. Release statements from its subcontractors, partners, or agents are not required for the Department or its designee to conduct compliance and performance audits on any of the Contractor's contracts relating to this Contract. The Inspector General, in accordance with section 5.6, the State of Florida's Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Page 376 of 949 DocuSign Envelope ID:946E25A4-C672-412D-A638-B1 BAA6A3F986 13.2 E-Verify. The Contractor and its subcontractors have an obligation to utilize the U.S. Department of Homeland Security's (DHS) E-Verify system for all newly hired employees in accordance with section 448.095, F.S. By executing this Contract, the Contractor certifies that it is registered with, and uses, the E-Verify system for all newly hired employees in accordance with section 448.095, F.S. The Contractor must obtain an affidavit from its subcontractors in accordance with paragraph (2)(b) of section 448.095, F.S., and maintain a copy of such affidavit for the duration of the Contract. The Contractor shall provide a copy of its DHS Memorandum of Understanding (MOU) to the Department's Contract Manager within five days of Contract execution. This section serves as notice to the Contractor regarding the requirements of section 448.095, F.S., specifically sub-paragraph (2)(c)1, and the Department's obligation to terminate the Contract if it has a good faith belief that the Contractor has knowingly violated section 448.09(1), F.S. If terminated for such reason, the Contractor will not be eligible for award of a public contract for at least one year after the date of such termination. The Department will promptly notify the Contractor and order the immediate termination of the contract between the Contractor and a subcontractor performing work on its behalf for this Contract should the Department have a good faith belief that the subcontractor has knowingly violated section 448.09(1), F.S. J. Special Contract Conditions additions: the following subsection is added to the Special Contract Conditions: 12.3 Document Inspection. In accordance with section 216.1366, F.S., the Department or a state agency is authorized to inspect the: (a) financial records, papers, and documents of the Contractor that are directly related to the performance of the Contract or the expenditure of state funds; and (b) programmatic records, papers, and documents of the Contractor which the Department or state agency determines are necessary to monitor the performance of the Contract or to ensure that the terms of the Contract are being met. The Contractor shall provide such records, papers, and documents requested by the Department or a state agency within 10 Business Days after the request is made. Additional Special Contract Conditions (approved by State Purchasing, 8/12/2021) Page 377 of 949 6.1. Consent Agenda 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-055-Approve and authorize Mayor to sign revised ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary School to correct Scrivener's errors and substitute subrecipient signature page. Explanation of Request: The ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary School was approved by City Commission on March 1, 2022. Since approval, it has come to the attention of City Staff that the Tax Identification Number on the approved agreement was incorrect, reference to Scope of Services was not included in Section 3.2, and Section 9.17 of the approved agreement does not accurately reflect language that was mutually agreed upon by both the City Attorney's Office and the Office of General Counsel for the Palm Beach County School District. The correct language for Section 9.17 should read: 9.17 Indemnification: SUBRECI PI ENT acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent and limits of§768.28, Florida Statutes, SUBRECI PIENT will indemnify and be responsible for and hold CITY harmless from and against any and all claims, damages, costs, and expenses caused by its negligent or intentional acts, any copyright violations or arising out of the breach of this contract. Notwithstanding the forgoing, this provision is not intended to serve or constitute (i) an agreement by SUBRECI PIENT to indemnify CITY for its own negligence; (ii) a waiver of sovereign immunity by SUBRECI PIENT, (iii) a waiver of any defense SUBRECI PI ENT may have under such statute; (iv) the consent of SUBRECI PI ENT or its officers, employees to be sued; or (v) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28 of the Florida Statutes. If SUBRECI PIENT uses a subcontractor, SUBRECI PIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. Also, General Counsel for the Palm Beach County School District has requested that the subrecipient signature page of the original agreement be substituted for their signature page which allows for multiple signatures of both the Superintendent and Board Chair. All other elements of the original Agreement and Scope of Services remain the same. How will this affect city programs or services? Correcting the Scrivener's errors and substituting the signature page will have no affect on City programs or services. Fiscal Impact: There will be no additional Fiscal Impact. Page 378 of 949 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving Revised ARPubrecipient Agreement- Citrus Cove Elementary D Agreement ARIA SubrecipientAgreement-Citrus Cove Elementary-Revised ARIA SubrecipientAgreement-Citrus Cove D Agreement Elementary-City Commission Cover Sheet 3/1/2022 ARIA SubrecipientAgreement-Citrus Cove D Other Elementary approved by City Commission on 3/1/2022 D Agreement ARIA SubrecipientAgreement-Citrus Cove Elementary-Resolution No R22-036 Page 379 of 949 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A REVISED 5 ARPA SUBRECIPIENT PARTNERSHIP AGREEMENT WITH CITRUS COVE 6 ELEMENTARY SCHOOL TO CORRECT SCRIVENER'S ERRORS AND 7 SUBSTITUTE SUBRECIPIENT SIGNATURE PAGE; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary II School was approved by City Commission on March 1, 2022; and 12 WHEREAS, since approval, it has come to the attention of City Staff that the Tax 13 Identification Number on the approved agreement was incorrect, reference to Scope of 14 Services was not included in Section 3.2, and Section 9.17 of the approved agreement does not 15 accurately reflect language that was mutually agreed upon by both the City Attorney's Office 16 and the Office of General Counsel for the Palm Beach County School District; and 17 WHEREAS, General Counsel for the Palm Beach County School District has requested 18 that the subrecipient signature page of the original agreement be substituted for their 19 signature page which allows for multiple signatures of both the Superintendent and Board 20 Chair; and 21 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 22 residents to approve and authorize the Mayor to sign a revised ARPA Subrecipient Partnership 23 Agreement with Citrus Cove Elementary School to correct Scrivener's errors and substitute 24 subrecipient signature page. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 authorize the Mayor to sign a revised ARPA Subrecipient Partnership Agreement with Citrus S:ACA\RESO\Agreements\ARPA Subrecipient Agreement(revised)with Citrus Cove-Reso.docx I Page 380 of 949 32 Cove Elementary School to correct Scrivener's errors and substitute subrecipient signature 33 page, a copy of the revised Agreement is attached hereto as Exhibit "A". 34 Section 3. This Resolution will become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of April, 2022. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Commissioner—Angela Cruz 42 43 Commissioner—Woodrow L. Hay 44 45 Commissioner—Thomas Turkin 46 47 Commissioner— District 4 - Vacant 48 49 VOTE 50 ATTEST: 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 (Corporate Seal) S:ACA\RESO\Agreements\ARPA Subrecipient Agreement(revised)with Citrus Cove-Reso.docx 2 Page 381 of 949 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of CITRUS COVE ELEMENTARY SCHOOL THIS AGREEMENT entered into this 5th day of April, 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of CITRUS COVE ELEMENTARY SCHOOL". hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd. A 323, West Palm Beach, FL 33406-5870 and its Federal Tax Identification Number as 85-8013897253C-1. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A—Coronavirus State and Local Fiscal Recovery Funds. {00492534.1306-9905603} Page 1 of 10 Page 382 of 949 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Five Hundred Dollars and 00/100 ($15,500.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Five Hundred Dollars and 00/100 ($15,500.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534.1 306-99056031 Page 2 of 10 Page 383 of 949 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise (see Attachment "A"-Scope of Services). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.3 Priorto receipt ofARPAfunds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. 3.4 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. {00492534.1 306-99056031 Page 3 of 10 Page 384 of 949 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10)working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre-approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. {00492534.1 306-99056031 Page 4 of 10 Page 385 of 949 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35.6 Treasury Department Interim Regulations, Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLFRF Compliance and Reporting Guidance. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting {00492534.1 306-99056031 Page 5 of 10 Page 386 of 949 requirements will be based upon the SUBRECIPIENT'S risk assessment and in compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E —Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY 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 Agreement. 9.9 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. {00492534.1 306-99056031 Page 6 of 10 Page 387 of 949 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. {00492534.1 306-99056031 Page 7 of 10 Page 388 of 949 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent and limits of §768.28, Florida Statutes, SUBRECIPIENT will indemnify and be responsible for and hold CITY harmless from and against any and all claims, damages, costs, and expenses caused by its negligent or intentional acts, any copyright violations or arising out of the breach of this contract. Notwithstanding the forgoing, this provision is not intended to serve or constitute (i) an agreement by SUBRECIPIENT to indemnify CITY for its own negligence; (ii) a waiver of sovereign immunity by SUBRECIPIENT; (iii) a waiver of any defense SUBRECIPIENT may have under such statute; (iv) the consent of SUBRECIPIENT or its officers, employees to be sued; or (v) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28 of the Florida Statutes. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information {00492534.1 306-99056031 Page 8 of 10 Page 389 of 949 technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT 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 Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. SIGNATURE LINES THE SCHOOL BOARD OF PALM BEACH COUNTY,FLORIDA on Behalf of the Authorized Signature Authorized Signature Print Name & Title Print Name & Title Date Date THE SCHOOL BOARD OF PALM BEACH COUNTY, FL By: By: Provider Representative Michael J. Burke, Superintendent Date: Date: Frank A. Barbieri, Jr., Esq. Board Chair {00492534.1 306-99056031 Page 9 of 10 Page 390 of 949 Date: Reviewed and approved as to legal sufficiency: (Name of Attorney) Date: ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney {00492534.1 306-99056031 Page 10 of 10 Page 391 of 949 6.E. Consent Agenda 3/1/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Proposed Resolution No.R22-XX-Approve ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary School for purchases of equipment and materials for the S.T.E.A.M Exploration Lab,that can be utilized in grades Pre-School through Grade 5, in the amount of$15,500.00. Explanation of Request: The COVID-19 public health emergency has created negative economic impacts across the globe, including disproportionate educational disparities within high-poverty school districts. The American Rescue Plan Act(ARPA)was signed into law on March 11,2021 and established the US Department of Treasury Coronavirus State and Local Fiscal Recovery Funds(CSLFRF). The CSLFRF Final Rule,which is the governing document for use of ARPA funds,identifies as eligible uses evidence-based services to address the academic,social,emotional,and mental health needs of students. The City of Boynton Beach will have received a total of$13,647,904 in Fiscal Recovery Funds by May 2022. On December 7,2021,the Boynton Beach City Commission approved a Master Spending Plan which allowed for funding assistance through direct allocation subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and mitigate disproportionate educational disparities compounded by the COVID-19 public health emergency. The proposed Citrus Cove Elementary Exploration Lab will provide computers, hands on science materials,art supplies,3D printers,musical instruments, and math manipulatives for teachers and students to use on a rotating basis for project-based learning to explore the five components of S.T.E.A.M. (science, technology, engineering and math). All students will be exposed to tools and skills related to careers which fall under the S.T.E.A.M umbrella. This will assist the diverse population of students reach their potential in reading, math and science, and give all students the opportunity to explore the arts in an environment that is structured with a growth mindset for beginning students to achieve their goals. This education model has helped with individual learning growth and enhanced the learning experience. Students have become more independent and responsible for their learning and it promotes their ability to work in groups. How will this affect city programs or services? These ARPA funded programs will address priorities established by the U.S.Treasury to support economic stabilization for households and to address the disproportionate impact of the pandemic.There will not be any direct impact on City services or programs. Fiscal Impact: This programming is being funded solely by ARPA dollars and will not impact the City's General Fund. Alternatives: None at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Agreement ARPA SubrecipientAgreerrierit-CitruS Code Elementary D Addendum ARPA SubrecipientAgreement-Scope of Services-Citrus Cove Elementary Page 392 of 949 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of CITRUS COVE ELEMENTARY SCHOOL THIS AGREEMENT entered into this 1 st day of March, 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of CITRUS COVE ELEMENTARY SCHOOL". hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd. A 323, West Palm Beach, FL 33406-5870 and its Federal Tax Identification Number as 33406-5870. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1, Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A— Coronavirus State and Local Fiscal Recovery Funds. {00492534,1 306-9905603} Page 1 of 10 Page 393 of 949 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement. ARTICLE 11 FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Five Hundred Dollars and 00/100 ($15,500.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Fifteen Thousand Five Hundred Dollars and 00/100 ($15,500.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534,1 306-9905603} Page 2 of 10 Page 394 of 949 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.3 Prior to receipt of ARPA funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. 3.4 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022, ARTICLE V SUSPENSION AND TERMINATION 5.1 Term ination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the {00492534.1 306-9905603} Page 3 of 10 Page 395 of 949 SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029, 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre-approved by the CITY. ARTICLE Vill PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. {00492534.1 306-9905603) Page 4 of 10 Page 396 of 949 9.2 The S[JBREC(P|ENTSh8U comply with applicable provisions of applicable federal, state, CDUOtv. and CITY |GYvs, regulations and rules, including 2 CFR part 200. subpart E. [)MB A-21, 2 {}FR part 200. subpart F. The SUBREC|HENTshall comply with Section 5D4Dfthe Rehabilitation Act Of1Q73. 8s amended, which prohibits discrimination DO the basis of handicap; Title V| Of the Civil Rights Act Of1064. 8Samended, which prohibits discrimination Onthe basis Ofrace, color, or O8d0D8| origin; the Age Discrimination Act Of 1975. as amended, which prohibits discrimination on the basis of age; Title V|/| of the Civil Rights Act of 1088' as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, Ornational origin; Executive Order 11248. 8samended which requires equal employment opportunity; and with the Energy PO|iCy, amended and Conservation | Act /F`Ub�L Q4-103\ which requires mandatory standards and p0|iCi8S relating to energy | ` ' efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever SOrequested bythe CITY. The SUBREC|P|ENTshall comply with all applicable [9quin8DleD<S Ofthe Americans with Disabilities Act (A[}A) Of 1090' iOC|UdiDQ' but not limited to, those provisions pertaining to employment, pPDg[ann services, tr@DSpOrt@1iOO. communications, access \ofacilities, renovations, and new construction. 9.3 Other Program Reguirements: The SUBREC|P|ENT Sh@|| comply with all federal |8vvS and regulations pertaining tO31CFR 25.0Treasury Department Interim Regulations, Treasury Department CSLFF7F Frequently Asked (]UeSU0OS. and Treasury [)ep8rtrnentCSLFRF Compliance and Reporting Guidance. 8.4 The SUBREC|P|ENT agrees that no p8[SOD Sh8|| OO the grounds Of [8CH. Co|Or. O8tiDOG| origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out bythe performance 0fthis Agreement. To the greatest feasible extent, lower-income [8S|deDtS Of the project areas shall be given OppOrtUOihgS for training and eDlp|Oyrn8nt and 10 the greatest feasible 6x<8nt, eligible buSiOSSS COOCe[DS located in or owned in 8UbS\anUR| part by persons residing in the project areas shall be awarded CODtr8CtG in connection with the project. 9.5 The SUBREC|P|ENT 8Qr8eS that the CITY will carry out periodic nlOOiiOhOg and gv8|U8Uon activities as determined necessary and that the continuation and/or renewal Ofthis Agreement i8dependent upon satisfactory evaluation C0DC|uSiOOs. Such evaluations will be based on the terms of this Agreement, comparisons of planned werGUS 8C(u8| progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBREC|P|ENlFagrees tOfurnish upon request tOthe CITY and make COp|eS of transcriptions Of such records and information as is determined necessary bythe CITY. The SUBF|EC/P|ENTshall submit 0Deschedule set bythe CITY and 8tother times UpOD request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required Of the CITY bythe Treasury. The 8UBREC|P|ENT Sh@|| allow the CITY Orthe Treasury to monitor its agency On Site. Such site visits may be scheduled or unscheduled as determined bythe CITY 0rthe Treasury. Ongoing monitoring 0fthe SUBF7EC|P|ENTvvi|| be done through quarterly reporting from the SUBREC|P|ENTto the City. Reporting requirements will be based upon the SUBRE[|\P|ENT'8 risk 8SSeSsOl8Dt and in (00492534,1 306-9905603) Page 5Of10 Page 397Of949 compliance with the CSLFRFCompliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. K4Dnik]hOQ will include id8ndfiC8UOO of deficiencies in nR88tiOg stated [eqUiFe[OeD1S in Article || of this 8QP8eDleDt and follow-up to enSU[R appropriate remediation. 8,0 Any non-federal agency and/or non-profit organization that expend $750.000 Or more annually iDfederal awards shall have 8single O[ program specific audit conducted @CCOrd@DC8 with 2 CFR 200, Subpart F. Non-federal agencies and/or OOOp[0fi{ organizations that expend less than $75O'O0Oannually iOfederal awards shall be exempt from 8Oaudit conducted |Daccordance with 2CFR 200' Subpart F. although their records must beavailable for review. These agencies are required bythe CITY 1Osubmit"reduced SCUpB" audits (e.g., financial audits, performance audits). Each audit shall cover time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. AC0py of the audit report n0USt be received by the CITY no later than six months h]||0vving each audit period. The SUBREC|P|ENTShe|l maintain all records in accordance with generally accepted accounting principles, prOCedUne8. and pr8CdCBS which Sh8|| sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant tDthe terms Ofthis agreement. 9.7 The SUBREC|P|ENT 8gnBgS to maintain books, records and d0CUrn8ntS in accordance with 8CCOUOhDg procedures and practices which sufficiently and properly reflect all expenditures Offunds provided bythe CITY under this ! Agreement. The SUBREC|P|ENT is P3qUi[8d to CO[np|y with the fO||OVviDg uniform administrative [eqUi[en08OtS: a. Specific p[OViSiOOS of the UDifO[[n administrative n5qUi[erD8ntS of CFR 200. Subpart E — COGt Principles | b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit FleqUi[H[DeDtS). C. Applicable pn]ViSi0OS of 31 CFR 35.0. 9.8 The SUBRECIP|ENTSh@|| certify that 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 i Congress, an officer Oremployee of Congress, or an 8rDp|Oy88 0f8 Member OfCongress in connection with the awarding of any federal Agreement, the making of any federal grant, | the making Dfany federal |O8D' the entering into of any cooperative Agreement, and the | | extension, CDntinU@UOn. n8O8vv8|. 8rD8Od[DeOi or modification Ofany federal Agreement, grant, |O8O. Orcooperative Agreement. The SUBF7EC|P|ENT Sh8|| disclose to the CITY 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 0remployee Ofany agency, 8 Member OfCongress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.8 The SUBRE{||P/ENTshall furnish tOthe CITY, c/o the ARF/AProject K18n@ger. certifioate/a\ nfcurrent insurance coverage. m0492:34 1306'9905603/ Page 60f10 Page 398Of949 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable aws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. �004925341 306-9905603) Page 7 of 10 Page 399 of 949 9.15 The CITY may, for good and sufficient cause, @Sdetermined bvthe CITY in its 8V|8 and 8bSO|Ut8 diSCretion, waive pn}viSi0OS in this 88reg[DeDi or S8eh to obtain such waiver from the appropriate authority. Waiver nBqUeStS from the SUBREC|P|ENT Sh3|| be in writing. Any waiver Sh8|| not be construed to be 8 [0OdifiC81iOO Of this agreement. 9.18 In the event an UO[eGO|ved dispute 8XiGtS between the SUBREC|P|ENT8Dd the CITY, the CITY Sh8|| refer the qU8SU0DS. including the views of all interested parties and the n8CODlnlendatiOD of the CITY, to the City Manager for d8t8[rDiDadOD. The City Monmger, or an authorized represant3tive, will issue @ determination within 30 calendar days Ofreceipt and s0advise the CITY and the SUBFlEC|P|ENT. OriDthe event additional time is O8CeSS8[y. the CITY will notify the SUBREC|F`|ENTvvithin the 30 day period that | 8ddit|OD3| time is necessary. The SUBREC|P|ENT @gnSgS that the City K43n@ge['S | | determination shall b8final and binding OOall parties. | 017 UBRE(�|P|ENTSh8U��UUOl8Sh�[8@�HriDd8nlDdv hO|dh8KO|��S@nd / � ''. . ! at the City Attorney's ODhOn. defend or pay for an attorney selected by the City Attorney ! to defend QTY' its officers, agents, GerV3DtS. and eOlp|Oye88 from and against any and all CaUSHS of action, d6rDaDdS. C|8innS' |OsSeS. |i8bi|iUgS' and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, 0eQ|igent. or reckless act of, or omission Of. SUBF<EC|P|ENT, its eDlp|0y6eS. agents, servants, or officers, or accruing, FeSU|1iOg from, or related to the subject matter of this AoFe9nngn[ including, without |i[ni18hOn. any and all C|@iDls. |DSSeS. liabilities, GxpeDd|tU[8S. demands, Or C8USeS of action of any O8<Ur8 VYhBtS0ew8r resulting from injuries or damages sustained by any person or property. |Dthe event any lawsuit 0[other proceeding is brought Gg8iDSi CITY by re8SOO Ofany such d8iDl' cause of action, or demand, SUBF7EC|P|ENTShG||. Up0O written notice from CITY, resist and defend such |8VVsUit or proceeding by counsel satisfactory to CITY Or, at C|TY'G option, pay for @O attorney selected bythe City Attorney t0defend CITY. The obligations Ofthis section shall survive the expiration Orearlier termination Ofthis Agreement. To the extent considered necessary by CITY, any SurnS due to SUBREC|P|ENT under this Agreement may be n9i8iD8d by CITY uOd| all 0fC|TY'S claims for indemnification pursuant to this Agreement have been settled O[ otherwise resolved; and any amount withheld shall not b8subject tO payment Ofinterest by CITY. If SUBREC|P|ENT USeS @ SubCOOt[8CtQr. SUBFlEC|P|ENT sh8||, by written COOt[8Ct. require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.10 Public Records: SUBREC|P|ENTsha|| comply with all public records |8vvs in 8CCOrd8OCe with Chapter 119, Fla. Stat. In accordance with state |aVV' SUBFlEC|P|ENTagrees to: 8\ Keep and maintain all records that ordinarily and necessarily would berequired by the CITY. b\ Provide the public with access kJpublic records Onthe same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided inChapter 119' Fla. Stat. Or8sotherwise provided bylaw. C\ Ensure that public records that are exempt 0[ confidential and exempt from public records disclosure are not disclosed except aSauthorized bylaw. d\ Meet all requirements for retaining public records and transfer, at no C0SL to the CITY all records in pOG8eSSi0O of the SUBREC|P|ENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt �004925341306 990*603) Page 8Of10 Page 400Of949 from public P8c0[dS di8dOSUn8 neqUiPeDleO\S. All records G10[8d g|e[tnJDiC@Uy nlUGt be provided to the CITY in G fOrrD81 that is CDrnp8tib|8 with the information \eChDO|Ogy SySteDlS of the CITY. All records shall be (r8nSfg[F8d to the CITY prior to final payment being made tOthe SUBREC|P|ENT. e) If SUBREC|P|ENT does not CODlp|y with this SeCtiOO. the CITY Sh8|| enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract inaccordance with state law. 9.19 InsiDector General: SUBREC|P|ENT is BVV8Fe that the Inspector General Of P8|[D Beach County has the authority to inv8Shg8<8 and audit matters n8|@bng to the neQO<iaUOU and performance of this Aon38n08nt. and may demand and obtain neC0[dg and testimony from SUBREC|P|ENT. SL]BREC|P|ENT understands and agrees that in addition <Dall other remedies and COOS8qU8DC83 provided by |@vv, the failure of SUBF(EC|P|ENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be @ material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20___ WITNESSES: By: Print Tide Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before nn8this___day Of . 20 , by Pe[80DG||y KO0vvD OR Pn]dUC8d Identification __Type Of Identification Produced Seal NOTARY PUBLIC Signature Print (004925341 306-9905603) Page 9Df10 Page 401Of949 ATTEST: CITY OF BOYNTON BEACH, FLORIDA Ci Clerk Mayor Appro d a form: Ci Attorn {00492534.1306-9905603} Page 10 of 10 Page 402 of 949 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT"A"-SCOPE OF SERVICES Project Name: Citrus Cove Elementary School STEAM Exploration Lab ARPA Funding Priority: Educational Opportunities and Job Skills Development Project Location: 8400 Lawrence Rd., Boynton Beach, FL 33436-1717 Project Manager: Natalie Cromwell, Principal Company: Citrus Cove Elementary School LACES School ID 120150002697 Number: Contact Name: Natalie Cromwell Contact Email: natalie.cromwellpalmbeachschools.org Contact Mailing 8400 Lawrence Rd., Boynton Beach, FL 33436-1717 Address: Project Description Reach and educate all of our students through a S.T.E.A.M Exploration Lab that can be utilized in PreK-5. In our Exploration Lab,there will be computers, hands on science materials, art supplies, 3D printers, music instruments, and math manipulatives for teachers and students to use on a rotating basis for project-based learning, which gives all classes the opportunity to explore the five components of S.T.E.A.M. We want to allow our students to be creative, plan, and test their hypothesis while having fun learning about different aspects of the careers available to them in the future. We have found that using this model has helped individual learning growth and enhanced the learning experience. Students have become more independent and responsible for their learning. Having an Exploration Lab available, items will be at the teachers' and students'fingertips. There will be no need to transport materials to the classroom. Our S.T.E.A.M Exploration Lab will allow students to become independent thinkers and guide them through the problem-solving process. It will give all students the opportunity to explore the arts in an environment that is structured with a growth mindset for beginning students to achieve their goals.This will help our diverse population of students reach their potential in reading, math and science. In addition, this gives the students,who do not have the opportunity to be enriched in after school programs, the ability to experience enrichment activities like their peers. All students will be exposed to tools and skills related to careers which fall under the S.T.E.A.M umbrella, such as engineering, technology, or science. The frequent use of this lab will help build the knowledge and confidence students need to make learning gains on their formal assessments and help build a strong foundation in their communities. We want to allow our students to be creative, plan, and test their hypothesis and have fun learning about different aspects of the careers which will be available to them in the future. We have found that using this model has helped individual learning growth and enhanced the learning experience with the ability to work in groups. Students have become more independent and responsible for their learning. At Citrus Cove Elementary, 100%of our students will be able to learn basic Page 1 of 3 Page 403 of 949 piano skills, utilize a Z-Space Computer for learning, interact with a 3-D printer, and use hands-on experiences to develop a deeper understanding of the grade level curriculum standards. Deliverables: Metric: Number of students participating in the STEAM Exploration Lab: (Metrics/Outcomes) entire school population, approximately 970 students. Outcomes: 25%aggregated learning gains on formal assessments, such as (- Ready ELA& I-Ready Mathematics Diagnostic Assessments for 80%of the students participating in the STEAM Exploration Lab. Payment Terms: Advance payment. Receipts for all eligible expenditures identified in the project budget must be provided with the quarterly reports for the reporting period in which they were spent. All quarterly reports and corresponding eligible expenditure receipts must be provided to the ARPA Project Manager at leieunec@bbfl.us no later than 4:00 pm on the 15th day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non- eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: Upon receipt of funding. Project End Date: At Project Close Out by the City, and no later than December 15, 2024. Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to date. • All eligible expenditures of ARPA funds received from the City each quarter and total to date. • All metrics and outcomes for each quarter and total to date. • All receipts for eligible expenditures of ARPA funds spent within the reporting quarter. Quarterly Reporting Schedule Report Year Quarter Period Covered Due Date 1 2022 1 January 1—March 31 April 15, 2022 2 2022 2 April 1—June 30 July 31 July 15, 2022 3 2022 3 July 1—September 30 October 15, 2022 4 2022 4 October 1—December 31 January 15, 2023 5 2023 1 January 1—March 31 April 15, 2023 6 2023 2 April 1—June 30 July 31 July 15, 2023 7 2023 3 July 1—September 30 October 15, 2023 8 2023 4 October 1—December 31 January 15, 2024 9 2024 1 January 1—March 31 April 15, 2024 10 2024 2 April 1—June 30 July 31 July 15, 2024 11 2024 3 July 1—September 30 October 15, 2024 12 2024 4 October 1—December 31 January 15, 2025 Page 2 of 3 Page 404 of 949 BUDGET Purchases for equipment and materials for STEAM Exploration Lab =$15,500.00 STEAM Exploration Lab Z-Space (2 Units) $ 2,598.00 iMac: 8-Core CPU &8-Core GPU (4 Units) $5,596.00 MicroLab Online Bundle (30 piano keyboards and program) (1 Unit) $4,500.00 Dremel DigiLab 3D45 3D Printer(1 Unit) $ 1,600.00 Makeblock mBot STEM Education Coding Robot Kit for Scratch,Arduino C (6 Units) $ 540.00 Makeblock mBot Coding Robot Kit, Learning & Educational Toys for Kids (2 Units) $ 114.00 Makeblock Six-Legged Robot Add-on Pack Designed for mBot, 3-in-1 Robot Add-on $ 132.00 Pack, 3+Shapes (6 Units) Makeblock Servo Pack Robot Add-on Pack Designed for mBot, 3-in-1 Robot Add-on $ 150.00 Pack, 3+Shapes (6 Units) Lego Wall Grey Base Plate (10 Units) $ 150.00 Lego Classic Bricks 1,500 Piece (2 Units) $ 120.00 Total Budget $15,500.00 Page 3 of 3 Page 405 of 949 RESOLUTION R22-036 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ARPA 5 SUBRECIPIENT PARTNERSHIP AGREEMENT WITH CITRUS COVE 6 ELEMENTARY SCHOOL FOR PURCHASES OF EQUIPMENT AND 7 MATERIALS FOR THE S.T.E.A.M EXPLORATION LAB, THAT CAN BE 8 UTILIZED IN GRADES PRE-SCHOOL THROUGH GRADE S, IN THE 9 AMOUNT OF $15,500.00; AND PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, the COVID-19 public health emergency has created negative economic 12 impacts across the globe, including disproportionate educational disparities within high- 13 poverty school districts; and 14 WHEREAS, The American Rescue Plan Act (ARPA) was signed into law on March 11, 15 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal 16 Recovery Funds (CSLFRF); and 17 WHEREAS, the CSLFRF Final Rule, which is the governing document for use of ARPA 18 funds, identifies as eligible uses evidence-based services to address the academic, social, 19 emotional, and mental health needs of students; and 20 WHEREAS, On December 7, 2021, the Boynton Beach City Commission approved a 21 Master Spending Plan which allowed for funding assistance through direct allocation 22 subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and 23 mitigate disproportionate educational disparities compounded by the COVID-19 public health 24 emergency; and 25 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 26 residents to approve and authorize the Mayor to sign the ARPA Subrecipient Partnership 27 Agreement with Citrus Cove Elementary School for purchases of equipment and materials for 28 the S.T.E.A.M Exploration Lab,that can be utilized in grades Pre-School through Grade 5, in the 29 amount of$15,500.00. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 31 BOYNTON BEACH, FLORIDA, THAT: S:\CA'aESO',Agreements\Cirants\ARPA Subrecipient Agreement with Citrus Cove-Reso.docx Page 406 of 949 32 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 33 being true and correct and are hereby made a specific part of this Resolution upon adoption 34 hereof. | 35 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 36 authorize the Mayor to sign the ARPA Subredpient Partnership Agreement with Citrus Cove 37 Elementary School for purchases of equipment and materials for the SIE.A.K4 Exploration Lab, 38 that can be utilized in grades Pre-School through Grade 5, in the amount of$15,500.00., a copy 30 ofthe Agreement isattached hereto asExhibit ^A" 40 Section 3. This Resolution will become effective immediately upon passage. 41 PASSED AND ADOPTED this 1stday ofMarch, 2022. 42 CITY DFBOYNTC)NBEACH, FLORIDA 43 YES NO 44 45 Mayor— Steven B. Grant 46 47 Vice Mayor—Woodrow L Hay 48 49 Commissioner—Justin Katz ~�~� 50 51 ComnniBioner— [hriatinaLRonne|us 52 53 Comrnissione/—Tv Penserga 54 55 VOTE 56 ATTEST: 57 58 59 Lc*sta| Gibson, K4N1L 60 City Clerk 61 62 (Corporate Seal) ^ ' ` ' ' x u ovum"»*ntAgreement with Citrus Cove a,so.d"cx 2 � Page 407 Of 949 6.J. Consent Agenda 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-056-Approve revised ARPA Subrecipient Partnership Agreement with Forest Park Elementary School to correct Scrivener's errors and substitute subrecipient signature page. Explanation of Request: The ARPA Subrecipient Partnership Agreement with Forest Park Elementary School was approved by City Commission on March 1, 2022. Since approval, it has come to the attention of City Staff that reference to Scope of Services was not included in Section 3.2, and Section 9.17 of the approved agreement does not accurately reflect language that was mutually agreed upon by both the City Attorney's Office and the Office of General Counsel for the Palm Beach County School District. The correct language for Section 9.17 should read: 9.17 Indemnification: SUBRECIPIENT acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent and limits of§768.28, Florida Statutes, SUBRECIPIENT will indemnify and be responsible for and hold CITY harmless from and against any and all claims, damages, costs, and expenses caused by its negligent or intentional acts, any copyright violations or arising out of the breach of this contract. Notwithstanding the forgoing, this provision is not intended to serve or constitute (i) an agreement by SUBRECIPIENTto indemnify CITY for its own negligence; (ii) a waiver of sovereign immunity by SUBRECIPIENT; (iii) a waiver of any defense SUBRECIPIENT may have under such statute; (iv) the consent of SUBRECIPIENT or its officers, employees to be sued; or (v) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28 of the Florida Statutes. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. Also, General Counsel for the Palm Beach County School District has requested that the subrecipient signature page of the original agreement be substituted for their signature page which allows for multiple signatures of both the Superintendent and Board Chair. All other elements of the original Agreement and Scope of Services remain the same. How will this affect city programs or services? Correcting the Scrivener's errors and substituting the signature page will have no affect on City programs or services. Fiscal Impact: There will be no additional Fiscal Impact. Alternatives: Strategic Plan: Page 408 of 949 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Resolution approving revisions to ARPA D Resolution Subrecipient Agreement with Forest Park Elementary D Agreement ARIA SubrecipientAgreement-Forest Park Elementary-Revised ARIA SubrecipientAgreement-Forest Park D Other Elementary-City Commission Cover Sheet 3/1/2022 D Other Approved ARIA S ubrecipient Agreement-Scope of Services-Forest Park Elementary-03/01/2022 D Resolution Approved Resolution No R22-038 Page 409 of 949 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN A REVISED 5 ARPA SUBRECIPIENT PARTNERSHIP AGREEMENT WITH FOREST PARK 6 ELEMENTARY SCHOOL TO CORRECT SCRIVENER'S ERRORS AND 7 SUBSTITUTE SUBRECIPIENT SIGNATURE PAGE; AND PROVIDING AN 8 EFFECTIVE DATE. 9 10 WHEREAS, the ARPA Subrecipient Partnership Agreement with Forest Park Elementary II School was approved by City Commission on March 1, 2022; and 12 WHEREAS, since approval, it has come to the attention of City Staff that the Tax 13 Identification Number on the approved agreement was incorrect, reference to Scope of 14 Services was not included in Section 3.2, and Section 9.17 of the approved agreement does not 15 accurately reflect language that was mutually agreed upon by both the City Attorney's Office 16 and the Office of General Counsel for the Palm Beach County School District; and 17 WHEREAS, General Counsel for the Palm Beach County School District has requested 18 that the subrecipient signature page of the original agreement be substituted for their 19 signature page which allows for multiple signatures of both the Superintendent and Board 20 Chair; and 21 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 22 residents to approve and authorize the Mayor to sign a revised ARPA Subrecipient Partnership 23 Agreement with Forest Park Elementary School to correct Scrivener's errors and substitute 24 subrecipient signature page. 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 26 BOYNTON BEACH, FLORIDA, THAT: 27 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 28 being true and correct and are hereby made a specific part of this Resolution upon adoption 29 hereof. 30 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 31 authorize the Mayor to sign a revised ARPA Subrecipient Partnership Agreement with Forest S:ACA\RESO\Agreements\ARPA Subrecipient Agreement(revised)with Forest Park-Reso.docx I Page 410 of 949 32 Park Elementary School to correct Scrivener's errors and substitute subrecipient signature 33 page, a copy of the revised Agreement is attached hereto as Exhibit "A". 34 Section 3. This Resolution will become effective immediately upon passage. 35 PASSED AND ADOPTED this 5th day of April, 2022. 36 CITY OF BOYNTON BEACH, FLORIDA 37 YES NO 38 39 Mayor—Ty Penserga 40 41 Commissioner—Angela Cruz 42 43 Commissioner—Woodrow L. Hay 44 45 Commissioner—Thomas Turkin 46 47 Commissioner— District 4 - Vacant 48 49 VOTE 50 ATTEST: 51 52 53 Crystal Gibson, MMC 54 City Clerk 55 56 (Corporate Seal) S:ACA\RESO\Agreements\ARPA Subrecipient Agreement(revised)with Forest Park-Reso.docx 2 Page 411 of 949 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FOREST PARK ELEMENTARY SCHOOL THIS AGREEMENT entered into this 5th day of April, 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FOREST PARK ELEMENTARY SCHOOL". hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd. A 323, West Palm Beach, FL 33406-5870 and its Federal Tax Identification Number as 85-8013897253C-1. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A—Coronavirus State and Local Fiscal Recovery Funds. {00492534.1306-9905603} Page 1 of 10 Page 412 of 949 1.8 "Program Income" means gross income received directly generated or earned from the use of ARPA funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200, Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose in project budget detail. a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non-consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 1.10 "Subrecipient" means an entity, including but not limited to non-Federal entities, that receives a subaward from a pass-through entity to carry out part of a Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be a recipient of other Federal awards directly from a Federal awarding agency. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Twenty Thousand Dollars and 00/100 ($20,000.00). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." This award is a subaward of CSLFRF funds and the SUBRECIPIENT must comply with any and all requirements for use of CSLFR funds and reporting requirements for expenditures of CSLFRF funds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement will be Twenty Thousand Dollars and 00/100 ($20,000.00). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that do not comply with any and all requirements for use of ARPA funding. {00492534.1 306-99056031 Page 2 of 10 Page 413 of 949 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments once per quarter unless there is a mutual written agreement otherwise (see Attachment "A"-Scope of Services). Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.4 Prior to receipt of ARPA funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures for which payment is sought. 3.5 Release of funds is subject to the approval of the ARPA Project Manager, Finance Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from October 1, 2021 to September 30, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of ARPA funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by the Treasury, OMB, or CITY. {00492534.1 306-99056031 Page 3 of 10 Page 414 of 949 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10)working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre-approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. {00492534.1 306-99056031 Page 4 of 10 Page 415 of 949 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including 2 CFR part 200, subpart E, OMB A-21, 2 CFR part 200, subpart F. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to 31 CFR 35.6 Treasury Department Interim Regulations, Treasury Department CSLFRF Frequently Asked Questions, and Treasury Department CSLFRF Compliance and Reporting Guidance. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitoring: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by the Treasury. The SUBRECIPIENT shall allow the CITY or the Treasury to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or the Treasury. Ongoing monitoring of the SUBRECIPIENT will be done through quarterly reporting from the SUBRECIPIENT to the City. Reporting {00492534.1 306-99056031 Page 5 of 10 Page 416 of 949 requirements will be based upon the SUBRECIPIENT'S risk assessment and in compliance with the CSLFRF Compliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include identification of deficiencies in meeting stated requirements in Article II of this agreement and follow-up to ensure appropriate remediation. 9.6 Audits: Any non-federal agency and/or non-profit organization that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with 2 CFR 200, Subpart F, although their records must be available for review. These agencies are required by the CITY to submit"reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of 2 CFR 200, Subpart E —Cost Principles b. OMB 2021 Compliance Supplement Addendum Final V2 (Audit Requirements). c. Applicable provisions of 31 CFR 35.6. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that 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 Agreement, 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 Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY 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 Agreement. 9.9 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the ARPA Project Manager, certificate(s) of current insurance coverage. {00492534.1 306-99056031 Page 6 of 10 Page 417 of 949 9.10 Property: All real property purchased in whole or in part with funds from this agreement with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the ARPA national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in 2 CFR 200, Subpart E, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. {00492534.1 306-99056031 Page 7 of 10 Page 418 of 949 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT acknowledges the waiver of sovereign immunity for liability in tort contained in Florida Statutes Section 768.28, the State of Florida's partial waiver of sovereign immunity, and acknowledges that such statute permits actions at law to recover damages in tort for money damages up to the limits set forth in such statute for death, personal injury or damage to property caused by the negligent or wrongful acts or omissions of an employee acting within the scope of the employee's office or employment. To the extent and limits of §768.28, Florida Statutes, SUBRECIPIENT will indemnify and be responsible for and hold CITY harmless from and against any and all claims, damages, costs, and expenses caused by its negligent or intentional acts, any copyright violations or arising out of the breach of this contract. Notwithstanding the forgoing, this provision is not intended to serve or constitute (i) an agreement by SUBRECIPIENT to indemnify CITY for its own negligence; (ii) a waiver of sovereign immunity by SUBRECIPIENT; (iii) a waiver of any defense SUBRECIPIENT may have under such statute; (iv) the consent of SUBRECIPIENT or its officers, employees to be sued; or (v) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28 of the Florida Statutes. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information {00492534.1 306-99056031 Page 8 of 10 Page 419 of 949 technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT 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 Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. SIGNATURE LINES THE SCHOOL BOARD OF PALM BEACH COUNTY,FLORIDA on Behalf of the Authorized Signature Authorized Signature Print Name & Title Print Name & Title Date Date THE SCHOOL BOARD OF PALM BEACH COUNTY, FL By: By: Provider Representative Michael J. Burke, Superintendent Date: Date: Frank A. Barbieri, Jr., Esq. Board Chair {00492534.1 306-99056031 Page 9 of 10 Page 420 of 949 Date: Reviewed and approved as to legal sufficiency: (Name of Attorney) Date: ATTEST: CITY OF BOYNTON BEACH, FLORIDA By: City Clerk Mayor Approved as to form: City Attorney {00492534.1 306-99056031 Page 10 of 10 Page 421 of 949 6.G. Consent Agenda 3/1/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 3/1/2022 Requested Action by Commission: Proposed Resolution No. R22-XX-Approve ARPA Subrecipient Partnership Agreement with Forest Park Elementary School t o provide enrichment opportunities for Forest Park students in academics,physical,and emotional well-being through seven(7)separate programs for a total cost of$20,000.00 Explanation of Request: The COVID-19 public health emergency has created negative economic impacts across the globe, including disproportionate educational disparities within high-poverty school districts. The American Rescue Plan Act(ARPA)was signed into law on March 11,2021 and established the US Department of Treasury Coronavirus State and Local Fiscal Recovery Funds (CSLFRF). The CSLFRF Final Rule, which is the governing document for use of ARPA funds,identifies as eligible uses evidence-based services to address the academic,social,emotional,and mental health needs of students. The City of Boynton Beach will have received a total of$13,647,904 in Fiscal Recovery Funds by May 2022. On December 7,2021,the Boynton Beach City Commission approved a Master Spending Plan wfiich allowed for funding assistance through direct allocation subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and mitigate disproportionate educational disparities compounded by the COVID-19 public health emergency. Forest Park Elementary School proposes to provide enrichment opportunities in academics,and physical and emotional well being through the following programs: Drama Club—expand musical theater experience in an afterschool club and have students participate in a musical theater production. Request $3,500.00. Sports Club—promote healthy lifestyle and healthy choice in grades K-2 and grades 3-5 afterschool clubs. Students will participate in a fitness program. Request$4,000.00 for Grades K-5. SEL Room—enhance school environment to promote social and emotional well-being throughout the school day. Includes a sitting area for breathing, meditation, mindfulness,and calming music and toys. Request$1,000.00 IB Ambassador Club—expand I B Ambassador club to promote good citizenship in the school community throughout the school day and afterschool club. Students will have opportunities to participate in school marketing and school events that focus on I B traits. Request$2,700.00. Summer STEM Camp for Primary—provide enrichment opportunities for primary students in the area of math and science during summer camp. Students will participate in challenging project-based math and science learning. Request$2,800.00. Forest Park Ladies'Club—Provide a Girls'Club to promote positive behavior in an afterschool club. Students will have an opportunity to apply lessons from their club in a real-life setting. Request$3,000.00. Men of Honor—Provide a club for Boys that promote positive behavior during school as well as after school an in the community. Student will have an opportunity to apply lessons learned from their club in real-life settings. Request$3,000.00. How will this affect city programs or services? These ARPA funded programs will address priorities established by the U.S.Treasury to support economic stabilization for households and to address the disproportionate impact of the pandemic.There will not be any direct impact on City services or programs. Fiscal Impact: This programming is being funded solely by ARPA dollars and will not impact the City's General Fund. Alternatives: None at this time. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Agreement ARPA SubrecipientAgreerrient-Forest Park Elementary ARPA SubreciDientAareempnt-Scope of Services-Forest Park Page 422 of 949 ❑ Addendum -_...---.__.,...._._....__..._._ ___P__. __...--- . _ --- _ - Elementary Page 423 of 949 FY 2021-2022 ARPA SUBRECIPIENT GRANT AGREEMENT between CITY OF BOYNTON BEACH and THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FOREST PARK ELEMENTARY SCHOOL THIS AGREEMENT entered into this 1 st day of March 2022 is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and "THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA on behalf of FOREST PARK ELEMENTARY SCHOOL". hereinafter referred to as "the SUBRECIPIENT," having its principal office at 3366 Forest Hill Blvd. A 323, West Palm Beach, FL 33406-5870 and its Federal Tax Identification Number as 85-80138972530-1. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Treasury Department for Coronavirus State and Local Fiscal Recovery Funds (CSLFRF) for the execution and implementation the American Rescue Plan Act (ARPA) in the CITY, pursuant to the Interim Final Rule of May 17, 2021, and the Final Rule, effective date April 1, 2022 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an element of the Boynton Beach ARPA Master Spending Plan; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, receipt of which is hereby acknowledged, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "ARPA" means American Rescue Plan Act. 1.2 "Treasury" means the U.S. Department of Treasury. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements. 1.6 "CSLFRF" means Coronavirus State and Local Fiscal Recovery Funds (also referred to as ARPA funds). 1.7 "31 CFR 35.6" refers to the Section of the Code of Federal Regulations pertaining to the Eligible Uses for Part 35, Subpart A— Coronavirus State and Local Fiscal Recovery Funds. {00492534.1306-9905603} Page I of 10 Page 424 of 949 1.8 ^P[Ogr8Dl |OQJDl8" 0eGDS gF0SS iDCOOOe received directly generated or earned from the use OfAFlPA funds. PnDg[8Dl |nCOOle iDC|udeS, but is not limited to, interest 88[Ded On advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Property" means any purchase of equipment or real property with CSLFRF funds must be consistent with the Uniform Guidance at 2 CFR Part 200. Subpart D. Equipment and real property acquired under this program must be used for the originally authorized purpose inproject bUdg9t detail. G. "Real Property" means land, |8Od iDlp[ov8Dlen1S. 3(rUCtUnBS. fixtures and appurtenances thereto, excluding movable machinery and equipment. b. ''PerS0O8| PrOperty" Ole@n8 p8[S003| property Ofany kind except [e8| property. C. ''N0OeXpeOd@b|R P8rSOOa| Pn]p8Uy" means tangible (i.8.. physical) p8[SOO8| property Of8non-consumable nature, with 8value Of $5ODO[ more per item, with 8normal expected life of one or more y8a[S. not fixed in place, and not an iOfggr8| part of structure, facility Oranother piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than n0n8XpHndab|ep[Op0rty. 1.10 '`SUbr8CipieO[' means 8Dentity, iOdUd|Og but not limited t0non-Federal entities, that receives 8 SUb8VVGrd from 3 pass-through entity to carry out part of Federal award; but does not include an individual that is a beneficiary of such award. A subrecipient may also be 8 recipient Ofother Federal 8vvGrdS directly from 8 Federal awarding agency. 2. Purpose The purpose of this Ao[8erneOt is to S1ah8 the C0weOaDtS and COndiUODS UMd8[ which the SUBREC|P|ENT will implement the 8t8tBnleOt Of Work set forth in Article 11 of this Gg[8enl8Dt. ARTICLE || FUNDING AND BUDGET The DlaxinOUOl amount payable by the CITY under this Agreement will be Tvv8Diy Thousand Dollars and 00/100 ($20,000.00). The SUBREC|P|ENTsh3|| carry out the activities specified in Attachment A. ''SCOp8 of Services." This avv8[d is 3 SUb8VV8Fd Of CSLFRF funds and the SUBRECIPIENT mustcomplywith anyand all requirements for use of CSLFRfunds and reporting requirements for expenditures 0fCSLFRFfunds. ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The rnQxin0UOl 8OlOUnt payable by the CITY under this AnneenleD< will be Twenty ThOUS8Dd DO||a[G and 00/100 ($20,000.00). K is expressly UDd8[StDod and agreed by the Parties that the funds contemplated by this Agreement originated from federal ARPA funds and funding is contingent upon approval and funding by the Boynton Beach City Commission. 8UBREC|P|ENT agrees to reimburse C/TY, in fu||, all funds remitted to SUBF<EC|P|ENlF by CITY that do not comply with any and all requirements for use Of ARPAfUnding. (00492534,1 306-9905603) Page 20f10 Page 425Of949 | 32 The CITY will be invoiced by the SUBREC|P|ENT for eligible expenses On a rRiDlbUrS8[n8Dt basis, and will disburse p8ynOgOCS 0ODe per quarter Un|eS8 there is @ nlUtU@| written agreement otherwise. Bills Sh@U be submitted by the SUBREQP|ENT8t least two weeks inadvance and will be paid provided appropriate documentation and status and beneficiary reports are attached tOthe invoice. 3.3 Payment by the CITY Sh8|| be contingent upon timely receipt Ofaccurate and complete reports and records required bythis Agreement. 3.3 Prior to receipt of ARPA funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back Uporiginal documentation relating {othe expenditures for which payment is sought. 3.4 Release of funds is subject to the approval Of the AF{FzA Project K4@O8g8[. FiO8OC8 Director, and/or City Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement Gh8|| be from October 1. 2021 to September 30. 202Z ARTICLE V SUSPENSION AND TERMINATION 5.1 If through any cause either party Gh8|| fail to fulfill in timely and proper manner its obligations under this AgFegOl8nt. Or if either party Sh8|| ViO|8t8 any of the COv8n8OtS, agreements, or stipulations of this Agreement, either party shall 1hen9UpDO have the right to terminate this Agreement or suspend p@y[O8OtS in VVhO|S Or in part by giving vv[itt8O OUdCe Of such fernnin8h0O or SUgpen8iOO Of p8yDlgDtS and specify the 8ffeChvH date of termination Or suspension. U payments are withheld, the CITY 8h8|| specify in Vv[ihOg the actions that 0USf be taken by the SUBF|EC!P|ENT as 8 CO0diUOO precedent to resumption Of payments and Gh8|| specify 8 re8SOO8bl8 date for compliance. Sufficient cause for SUSpeDSiOD of payments Sh8|| iOC|Udg. but not be limited to: 8. ineffective Or improper use ofARPAfunds, b. f8i|U[8 to CO0p|y with the S\8Le0gDt of Work or tg[0S of this Agreement, C. failure t0submit reports OG required, d. SUbnnitt8| Ofmaterially incorrect Orincomplete ngpOrtG. 8. failure to COnnp|y with any additional COOdihOnS that may be imposed by the Treasury, {)K4B. or CITY. 5.2 The CITY may terminate this Agreement without C8uS8 at any time by giving at least ten (10) working days' DO1iCe in writing to the 100492114A 106-9905603) Page 3Of10 Page 426 Of 949 SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI RECORDS AND REPORTS 6,1 The SUBRECIPIENT agrees to maintain and produce all business records related to use of the subaward grant funds and related business expenditures from the time of grant award through December 31, 2029. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend ARPA funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement and are an eligible use under 31 CFR 35.6. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 31 CFR 35.6 and must be pre-approved by the CITY. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the ARPA Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 200, and the Federal Accountability and Transparency Act, as set forth at 2 CFR Part 170. {00492534.1 306-9905603} Page 4 of 10 Page 427 of 949 0,2 The S\]BRE[||P|ENTsh8U comply with applicable p[OViSi0OS of applicable fgde[8|. St@tH. COUOtv, and CITY |8vvS. nBgU|8h0O8 and rU|8S. including 2 CFR part 200, subpart E. {}K4B A,21. 2 CFR part 200. subpart F. The SUBREC||P|ENl- ShGU comply with Section 504 of the Rehabilitation Act Of 1873' as 8nl8Od8d, which prohibits diSC[inliD8hOn on the basis Of handicap; Title VI of the Civil Rights Act Of1&G4. 8Samended, which prohibits discrimination DDthe basis Ofrace, color, Or national Origin; the Age C>iSn[iOliO8hOD Act Of 1875, as 8[nendGd, which prohibits discrimination OOthe basis Dfage; Title VIII Ofthe Civil Rights Act 0f1088, 8Samended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, ornational origin; Executive Order 11240. @Samended which requires equal employment opportunity; and with the Energy Policy, GOOeDdgd and C0OS8[v8h0O Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBREC|P|ENTshall report its compliance with Section 5D40fthe Rehabilitation Act whenever oorequested bythe CITY. The GUBREC|P|ENTshall comply with all applicable requirements Of the Americans with Disabilities Act (ADA) of 1990. including, but not limited to, those provisions pertaining t0employment, program services, transportation, C0Oln0UDiCatiODS' access tOfacilities, r8O0v8dOnS' and new construction, 93 Other Program Requirements: The SUBREC|P|ENTshall comply with all federal laws and regulations pertaining tO31CFR 35.OTreasury Department Interim Regulations, Treasury [}ep8rtDlRDf CSLFRF Frequently Asked {}U8GdOOS. and Treasury C>8p@rtDlBD1 CSLFRF Compliance and Reporting Guidance. 0.4 The SUBREC|P|ENT 8g[89S that DO person Sh8|| on the grounds of race, Co|0[, D8hOO8| origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the perf0[08DCB of this Ag[eg08OL TO the greatest feasible extent, |OwgFi000OOe residents Of the project areas Sh3|| be given opportunities for training and employment; and to the greatest feasible extent, eligible business COOCgrnS located in or owned in SUbSt8DU8| part bypersons residing in the project areas shall be awarded contracts in connection with the project. 0.5 The SUBREC\P|ENT 8g[egS that the CITY will carry out periodic monitoring and eV8|U@1iOn activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation C0Odus|On8. Such evaluations will be based on the terms of this Agreement, comparisons of planned Ye[0Us actual p[OgF8SS [B|8dDg tOactivity scheduling, budgets, audit reports, and output measures. The SUBREC|P|ENTagrees tOfurnish UpOD request t0the CITY and make COpi9S of transcriptions of such records and iDfOrrD8U0n as is determined necessary bythe CITY. The GUBREC|P|ENTshall submit on8schedule set bythe CITY and atother times UpOO request, iOf0rnOah0O and SiRtUs reports required by the CITY to eD8b|8 the evaluation of said p[OQreSS and to allow for completion of reports required of the CITY by the Treasury. The GUBREC|P(ENT Sh8|i allow the CITY or the Treasury to nnOOitOr its 3QeDCy On site. Such Site visits may be scheduled or unscheduled as determined by the CITY Or the Treasury. Ongoing monitoring of the SUBREC|P|ENT will be done through quarterly reporting from the GUBREC|P|ENT to the City. Reporting requirements will be based Up0O the SUBFlEC|P|ENT'S risk 3SS8GSOl8Ot and in w04925341 306 Page 5Df10 Page 428Of949 compliance with the CSLFRFCompliance and Reporting Guidance and Uniform Guidance 2 CFR Part 200. Monitoring will include id8nhUQ]h0D of deficiencies in meeting stated requirements in Article || of this GgnB8[0gOt and follow-up to enSU[8 appropriate remediation. 96 Any non-federal agency and/or non-profit organization that expend $750.000 or more annually infederal awards shall have @ single 0rprogram specific audit conducted eCCDnd@DC8 with 2 CFR 200, Subpart F. Non-federal agencies and/or nonprofit organizations that expend less than $75O.00Oannually infederal awards shall b8exempt from 8Oaudit conducted iDaccordance with 2CFR 2OO. Subpart F. although their records must b8available for review. These agencies are required bythe CITY tOsubmit"reduced SCOp9^ audits (e.g.. fiD8Oda| audits, performance audits). Each audit shall cover time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. ACOpy of the audit report nlUG[ be received by the CITY DO later than six months following each audit period. The SUBREC|P|ENT Gh8|| maintain all records in aCCO[d@OCe with ggDe[8||y accepted GCC0UntiDg principles, procedures, and p[8CtiCg8 which Sh8|| sufficiently and p[Op8[|y reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant\0the terms 0fthis agreement. 93 The SUBF7EC|P|ENT agrees to maintain bOOkS' records and doCUOlgOtS in accordance with RCCOUnUOg procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY UOdG[ this Agreement. The SUBF(EC|P|ENT is required to COOlp|y with the fO||DvviDg uniform 8dOliOiStnBhv8 requirements: a. Specific p[UViSiODS of the uniform administrative [8qU|[e08OtS of CFR 200. Subpart E — Cost Principles b. OMB 2021 CDOlp|i8OCe Supplement Addendum F|M8| V2 (Audit Requirements). C. A9p|iC8b|8 pFDViSiODS of 31 CFR 35.6. 9.0 The SU8F<EC|P|ENT Sh8|| certify that no federal appropriated funds have been paid or will be p8id, by or on behalf Ofthe 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 Agreement, the making of any federal grant, the making Ofany federal |08n, the entering into of any COOpe[8UVe Agreement, and the eXtgnSiOD' CODdnU8fiOn, renewal, amendment, or modification Ofany federal Agreement, grant, loan, Drcooperative Agreement. The SUBREC|P|ENT Gh8|| disclose to the CITY 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 Oremployee OfCongress, O[ aOemployee 0f8Member 0fCongress inconnection with this federal Agreement. 0.0 The SUBFlEC|P|ENTshall furnish tOthe CITY, c/o the ARPAProject K4aD8ger. Certific8t8(s) Ofcurrent insurance coverage. (00492534,1 306-99056031 Page 60f10 Page 429 of 949 9.10 All real pnDp8Mx purchased in VVh0|8 Or in part with funds from this ag[88[DeDt with the CITY, or transferred to the SUBRECiP|ENTafter being purchased in vVhU|e or in part with funds from the C||TY. Sh8|| be listed in the property records Of the SUBREC|P|ENT and GhG|| include @ |8g8| description, size, date of acquisition, V@|Ue at time of acquisition, present market value, present condition, 8ddn3SS or |OC8hOD. OvvOe[58 D@0e ifdifferent from the SUBREC|P\ENT. iDhJr08U0D On the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the ARPA national objective that will be met. If the property was in0pnJVgd. the [8CO[dS ShG|| describe the prOg[aOO[D3hC pU[pOS8 for vVh|Ch the improvements were made and identify the AF{PA D8ii0D8| objective that will be 08i All OOn8Xp8Od8b|8 personal property purchased in VVhO|e or in part with funds from this agreement with the CITY shall be listed in the property records of the SUBREC|P|ENT and shall include g description of the property, |OCGU0O. Dl0dH| number, DlaDUf@CtUre['S Se[i8| DuDlbe[. d8(8 Of @CqUiSitiOn, funding source, Unit COSt at the time Of acquisition, p[eS8D{ market V8|Ue, property inventory OUnAbe[. iDfOr0adOO on its COOdidOD, and information on transfer, n*p|8C8m8nt. or disposition of the property. The SUBF7EC|P|ENT shall obtain prior written app[0VG| from the CITY for the disposition of real pn}perty, expendable personal property, and O0nexpend8b|8 pe[S0O8| property purchased in whole 0riU part with funds given to the SUBFlEC|P|ENT pursuant tOthe terms of this agreement. The SUBF{EC|P|ENT nh3|| dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return Of all such property to the CITY. 9.12 The SUBF<EC|P|ENT Sh8|| [etU[O to the CITY, upon expiration Or termination Ofthis Agreement, all the assets owned Orheld @SGresult 0fthis Agreement, iDdudiOg, but not limited to any funds OD hand, any 8cCOUDtB receivable G<t[ibUf8b|e to these fUDdS. mortgages, OOteS' and other CO||Gter8| and any Ove[pBy0RD1s due to unearned funds or costs disallowed pursuant to the 1errnS of this Agreement that were disbursed tOthe SUBREC|P|ENTbythe CITY. The SUBREC|P|ENTshall within 3Odays 0fexpiration O[termination Ofthis Agreement execute any and all documents 8Srequired Uythe CITY toeffectuate the reversion Ofassets. Any funds not earned, 8Sdescribed and provided for in 2 CFR 200. Subpart E, by the SUBREC|P|ENT prior to the expiration or termination Ofthis Agreement shall b8retained bythe CITY. 8.13 If any pnDViSiOD Of this agreement conflicts with any applicable |Gvv or xagu|aMon, only the conflicting provision shall be deemed by the parties hereto to be modified to be C0OSiSient with the |8w or [egU|@h0n Or to be deleted if modification is impossible. HOvV8ve[. the Ob|ig8d0OS under this agreement, as modified, shall continue and all other provisions Of this agreement Sh8|| [8nOBiO in fU|| force and effect. 9.14 Modifications Ofprovisions 0fthe agreement shall b8valid only when in writing and signed byduly authorized nBpreS8O18hV8s of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute diSCreU0O. that federal, State and/or CITY revisions ofany applicable |8vVS or regulations, Or increases or decreases in budget a||OCBdOnS rn@kH changes in this 8gneeDleDf n8C0SS8ry. m0492534.1 306-9905603) Page 70[ 10 Page 430Of949 9.15 The CITY may, for good and sufficient cause, @Gdetermined bvthe CITY in its SO|e and absolute disCFetiDO, vv8iVe provisions in this @QnegO)8Ot or Sggk to obtain such vV@iV8[ from the appropriate 8UthO[ih/. VV@|ve[ requests from the SUBREC|P|ENT Sh@!| be in writing. Any waiver Sh8|| not be COOSiru0d to be G modification Of this agreement. 0.16 In the event an UOr8SU|ved dispute exists between the 8UBREC|Fz|ENT and the CITY, the CITY shall refer the qunSUOOS, including the VieVVS of all interested parties and the [gCO[D0eDdGUOO of the CITY, to the City Manager for determination. The City K48nGg9[' or an authorized [gpr8S8nt8tive, will issue 8determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is n8C8SsGry. the CITY will notify the GUBREC||P|ENTwithiD the 30 day period that additional time is O8C8SS8ry. The SUBREC|P|ENT 8g[geS that the City K4@OGg8r's determination shall b8final and binding Onall parties. 0.17 SUBREC|P|ENTshall Gtall times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for GD 8t!O[O8y Se|eCi8d by the City Attorney to defend CITY, its officers, agante, servants, and employees from and against any and all C8USeS of action, den08DdS. C|aiOnS. |OSSe8. liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused O[alleged t0becaused byany |OteDh0na|. negligent, 0rreckless act of, or omission Of. 8UBFlEC|P|ENl[. its SnOp|OyG8S. agents, servants, or officers, or accruing, resulting f[ODl. or related to the subject matter of this Aor8ern8nt, including, without limitation, any and all c|8inns. losses, |iebiUtiee, expenditures, dRnlGOdS' or C@U88S of action of any n81UF8 whatsoever resulting from injuries or damages sustained by any person or property. |nthe event any lawsuit Orother proceeding is brought against CITY by reason of any such d8inU' CGUSe of action, Or demand, SUBF<EC|P|ENTShaU, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY'S OphOD. pay for an attorney selected bythe City Attorney tOdefend CITY. The obligations Dfthis section shall survive the expiration 0rearlier termination Ofthis Agreement. T0the extent considered necessary by CITY, any sums due to SUBF<E[||P|EN7- under this Agreement may be retained by CITY Und| all Of CITY'S C|8inn3 for indemnification pU[SU8n< to this Agreement have been settled D[otherwise resolved; and any amount withheld shall not besubject tO payment Ofinterest byCITY. If 8UBRE[}|P|ENT U8gS a SUbCOOt[aCt0[. SUBREC|P|ENT Sh8||, by written CODh8C<. require its subcontractors to agree to the requirements and obligations of this Section 9.17. 9.18 Public Records: SUBF\EC|P|ENTshall comply with all public records laws inaccordance with Chapter 118, Fla. Stat. In 8CCOrd8OCe with state |aVV. SUBREC|P|ENT@greeS to: G\ Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b\ Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the COStS provided in Chapter 119, F|8. Stat. or as Oth8mviS8 provided by |8vv. C\ Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except 8Sauthorized by law. d\ K488t all requirements for retaining public records and transfer, at no COSt. to the CITY all [eCO[dS in pUSS8SSiOO of the 8UBREC|P|ENT at the [8r0inehOn of the contract and destroy any public records that are exempt Orconfidential and exempt (00492534,1 306-9905603) Page 80f10 Page 431Of949 from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT 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 Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of 20 WITNESSES: By: Print Title Print STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me this_day of 20_, by Personally Known OR Produced Identification _Type of Identification Produced Seal NOTARY PUBLIC Signature Print (00492534,1 306-S905603) Page 9 of 10 Page 432 of 949 ATTEST: CITY OF BOYNTON BEACH, F RIDA Ci Clerk Mayor ApprovedS to rm >- b. City Aft6rney 100492534.,306-9905603} Page 10 of 10 Page 433 of 949 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT"A"-SCOPE OF SERVICES Project Name: FOREST PARK ELEMENTARY SCHOOL ENRICHMENT PROJECT ARPA Funding Priority: Educational Opportunities and Job Skills Development Project Location: 1201 SW 3rd St., Boynton Beach, FL 33435-5920 Project Manager: Nancy Robinson Company: Forest Park Elementary School LACES School ID 120150001526 Number: Contact Name: Nancy Robinson Contact Email: Nancy.robinson@palmbeachschools.org Contact Mailing 1201 SW 3rd St., Boynton Beach, FL 33435-5920 Address: Project Description To provide enrichment opportunities for Forest Park students in academics, physical, and emotional well-being. Drama Club—expand musical theater experience in an afterschool club and have students participate in a musical theater production. Sports Club—promote healthy lifestyle and healthy choice in grades K-2 and grades 3-5 afterschool clubs. Students will participate in a fitness program. SEL Room—enhance school environment to promote social and emotional well-being throughout the school day. Includes a sitting area for breathing, meditation, mindfulness, and calming music and toys. IB Ambassador Club—expand IB Ambassador club to promote good citizenship in the school community throughout the school day and afterschool club. Students will have opportunities to participate in school marketing and school events that focus on IB traits. Summer STEM Camp for Primary—provide enrichment opportunities for primary students in the area of math and science during summer camp. Students will participate in challenging project-based math and science learning. Forest Park Ladies'Club—Provide a Girls' Club to promote positive behavior in an afterschool club. Students will have an opportunity to apply lessons from their club in a real-life setting. Men of Honor—Provide a club for Boys that promote positive behavior during school as well as after school an in the community. Student will have an opportunity to apply lessons learned from their club in real-life settings. Deliverables: Drama Club: (Metrics/Outcomes) Metric: Number of initial students participating. Outcome: >50%of students completing project and favorable student feedback at project completion. Sports Club: Metric: Number of students participating. Outcome: >50%complete reflections journal and meet personal fitness goals. SEL Room: Page 1 of 5 Page 434 of 949 Metric: Number of students participating and in attendance at each of the 4 stations. Outcome: >50%of students participating appear calmer and less stressed than when they arrived. IB Ambassador Club: Metric: Number of students participating. Outcome: >50% of students have increased self-esteem and sense of pride being an IB Ambassador based upon survey results. Summer STEM Camp for Primary: Metric: Number of initial student enrollment. Outcomes: >50% positive parent feedback at conclusion of camp, based upon survey results, and improved (Ready math scores (EOY FY22 through BOY FY23 data). Forest Park Ladies'Club: Metrics: Number of participants in Annual Membership. Outcomes: >50% improvement between pre-and post-test of proper dinner table setting. >50% improvement between pre-and post-survey for self- esteem. >50% meet individual vison/goal. Men of Honor: Metric: Initial number of participating students. Outcomes: >50% participation in activities. >50%completing task assignments. >35% parent participation in program. >50% participants willing to join program following year. Payment Terms: Advance payment. Receipts for all eligible expenditures identified in the project budget must be provided with the quarterly reports for the reporting period in which they were spent. All quarterly reports and corresponding eligible expenditure receipts must be provided to the ARPA Project Manager at leiLunec@bbfl.us no later than 4:00 pm on the 15th day of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The Subrecipient will be notified in writing by the ARPA Project Manager of any expenditures that are deemed non-eligible. All other terms of this ARPA Subrecipient Agreement apply. Project Timeline: Project Start Date: Upon receipt of funding. Project End Date: At Project Close Out by the City, and no later than December 15, 2024. Subrecipient must provide quarterly reports as indicated in the Quarterly Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to date. • All eligible expenditures of ARPA funds received from the City each quarter and total to date. • All metrics and outcomes for each quarter and total to date. • All receipts for eligible expenditures of ARPA funds spent within the reporting quarter. Page 2 of 5 Page 435 of 949 Quarterly Reporting Schedule Report Year Quarter Period Covered Due Date 1 2022 1 January 1—March 31 April 15, 2022 2 2022 2 April 1—June 30 July 31 July 15, 2022 3 2022 3 July 1—September 30 October 15, 2022 4 2022 4 October 1— December 31 January 15, 2023 5 2023 1 January 1—March 31 April 15, 2023 6 2023 2 April 1—June 30 July 31 July 15, 2023 7 2023 3 July 1—September 30 October 15, 2023 8 2023 4 October 1— December 31 January 15, 2024 9 2024 1 January 1—March 31 April 15, 2024 10 2024 2 April 1—June 30 July 31 July 15, 2024 11 2024 3 July 1—September 30 October 15, 2024 12 2024 4 October 1— December 31 January 15, 2025 BUDGET Drama Club Licensing for theatrical production (annually) $ 700.00 Student scripts and Director guide (annually) $ 600.00 Costuming 0 Stage Equipment 0 Budget $1,300.00 Request $3,500.00 Sports Club Grades K-2 Running/Walking Trail $ 300.00 Afterschool Snacks $ 200.00 Water Bottles $ 125.00 T-Shirt/Running Shirt $ 200.00 Running Shorts $ 200.00 Hat/Visor $ 125.00 Fit Bit $ 200.00 Race Day registration fees $ 150.00 Race Day transportation fees 0 Miscellaneous expenses 0 Budget $1,500.00 Request $1,500.00 Sports Club Grades 3-5 Balls $ 300.00 Pedometers $ 300.00 Nutrition $ 200.00 Jerseys/Shirts $ 300.00 Hydration $ 100.00 Page 3 of 5 Page 436 of 949 Field Trips games/events $ 500.00 Scooters $ 200.00 Jump ropes $ 100.00 Plastic plates $ 100.00 Plastic cups $ 100.00 Food items (cooking experience) $ 200.00 Hand Sanitizer $ 100.00 Budget $2,500.00 Request $2,500.00 SEL Room Lamps for ambient lighting $ 100.00 Rug $ 100.00 Bean Bag Chairs $ 100.00 Meditation/Breathing/Mindfulness Posters $ 50.00 Pop-it toys $ 50.00 Visual liquid toys $ 50.00 Sand Zen Garden toys $ 100.00 Fidget spinners $ 50.00 Stress balls, etc. $ 50.00 Journals $ 50.00 Pencils/pens $ 25.00 Drawing paper $ 25.00 Colored pencils/crayons $ 25.00 Exercise mat $ 125.00 Stretching/Yoga/Exercise Posters $ 50.00 Computer/Boom box for calming music $ 50.00 Budget $1,000.00 Request $1,000.00 IB Ambassador Club Large IB banner to promote school and program $1,000.00 Banner for events (i.e. parade) $ 300.00 Snacks and water for events $ 300.00 Supplies for crafts &care packages $ 500.00 T-shirts for IB Ambassadors $ 600.00 Budget $2,700.00 Request $2,700.00 Summer STEM Camp for Primary Lead Teacher $1,625.00 2nd Teacher $ 812.00 Curriculum book $ 25.00 Student materials $ 200.00 Student snacks $ 125.00 Page 4 of 5 Page 437 of 949 Budget $2,787.00 Request $2,800.00 Forest Park Ladies'Club Formal Flatware Set with Glassware $ 300.00 Co-sponsor stipend for non-instructional $ 500.00 employees Catered Dinner or Restaurant $ 650.00 Crafts $ 250.00 Club T-Shirts/Dress Shirts $1,000.00 School Club Banner $ 300.00 Budget $3,000.00 Request $3,000.00 Men of Honor Club Hats $ 250.00 T-Shirts $ 250.00 Polos $ 250.00 Khaki Shorts $ 250.00 Khaki Pants $ 250.00 Dress Slacks $ 250.00 Dress Shirts $ 250.00 Bow ties $ 250.00 Long Ties $ 250.00 Black Socks 0 Black Shoes $ 250.00 School Banner $ 250.00 Transportation $ 250.00 Volunteers $ 250.00 Event Fees $ 250.00 Food $ 250.00 Snacks $ 250.00 Drinks $ 250.00 Budget $4,250.00 Request $3,000.00 Total Request $20,000.00 Page 5 of 5 Page 438 of 949 1 RESOLUTION R22- 038 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ARPA 5 SUBRECIPIENT PARTNERSHIP AGREEMENT WITH FOREST PARK 6 ELEMENTARY SCHOOL TO PROVIDE ENRICHMENT OPPORTUNITIES 7 FOR FOREST PARK STUDENTS IN ACADEMICS, PHYSICAL, AND 8 EMOTIONAL WELL-BEING THROUGH SEVEN (7) SEPARATE 9 PROGRAMS FOR A TOTAL COST OF $20,000.00; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 WHEREAS, the COVID-19 public health emergency has created negative economic 13 impacts across the globe, including disproportionate educational disparities within high- 14 poverty school districts; and 15 WHEREAS, The American Rescue Plan Act (ARPA) was signed into law on March 11, 16 2021 and established the US Department of Treasury Coronavirus State and Local Fiscal 17 Recovery Funds (CSLFRF); and 18 WHEREAS, the CSLFRF Final Rule, which is the governing document for use of ARPA 19 funds, identifies as eligible uses evidence-based services to address the academic, social, 20 emotional, and mental health needs of students; and 21 WHEREAS, On December 7, 2021, the Boynton Beach City Commission approved a 22 Master Spending Plan which allowed for funding assistance through direct allocation 23 subrecipient partnerships to Title 1 Schools in the City of Boynton Beach to address and 24 mitigate disproportionate educational disparities compounded by the COVID-19 public health 25 emergency; and 26 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 27 residents to approve and authorize the Mayor to sign the ARPA Subrecipient Partnership 28 Agreement with Forest Park Elementary School to provide enrichment opportunities for Forest 29 Park students in academics, physical, and emotional well-being through seven (7) separate 30 programs for a total cost of $20,000.00. 31 NOW, THEREFORE, BE IT RESOLVED BY THE COY COMMISSION OF THE CITY OF 32 BOYNTON BEACH, FLORIDA, THAT. S:\CA\RESO\Agreements\ARPA Subrecipient Agreement with Forest Park Elementary-Reso.doex 1 Page 439 of 949 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 35 hereof. 36 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 37 authorize the Mayor to sign the ARPA Subrecipient Partnership Agreement with Forest Park 38 Elementary School to provide enrichment opportunities for Forest Park students in academics, 39 physical, and emotional well-being through seven (7) separate programs for a total cost of 40 $20,000.00, a copy of the Agreement is attached hereto as Exhibit "A". 41 Section 3. This Resolution will become effective immediately upon passage. 42 PASSED AND ADOPTED this 1st day of March, 2022. 43 CITY OF BOYNTON BEACH, FLORIDA 44 YES NO 45 46 Mayor—Steven B. Grant 47 48 Vice Mayor—Woodrow L. Hay V, 49 50 Commissioner—Justin Katz 51 52 Commissioner— Christina L. Romelus 53 54 Commissioner—Ty Penserga 55 56 VOTE 57 ATTEST: 58 59 60 61 Cstal Gibson, MMC 62 City Clerk 63 64 65 (Corporate Seal) S:\CA\RESO\Agreements\ARPA Subrecipient Agreement with Forest Park Elementary-Reso.doex 2 Page 440 of 949 6.K. Consent Agenda 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Approve minutes from the March 1, 2022 and March 15, 2022 City Commission meetings. Explanation of Request: The City Commission met on March 1, 2022 and March 15, 2022 and minutes were prepared from the notes taken at the meetings. The Florida Statutes provide that minutes of all Commission meetings be prepared, approved and maintained in the records of the City of Boynton Beach. How will this affect city programs or services? A record of the actions taken by the City Commission will be maintained as a permanent record. Fiscal Impact: Alternatives: Approve, amend and approve, or do not approve the minutes. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Minutes 0 -01-22 Meeting Minutes Minutes 0 -15-22 Meeting Minutes Page 441 of 949 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, March 1, 2022 at 5:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay James Cherof, City Attorney Commissioner Justin Katz Crystal Gibson, City Clerk Commissioner Christina Romelus Commissioner Ty Penserga 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 P.M. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Amalie Ash, First Presbyterian Church Pastor Ash was not in attendance. In her absence the Invocation was given by Vice Mayor Hay. Pledge of Allegiance to the Flag led by Commissioner Justin Katz Commissioner Katz led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant reduced community support funds from $500 to $400 for Items 5C and 5E and adding $200 to Item 5H for a total of$300. Mayor Grant request that Public Audience be moved to the end of the agenda before Future Agenda Items. 2. Adoption Motion Vice Mayor Hay moved to approve the agenda as amended. Commissioner Katz seconded the motion. The motion passed unanimously. 2. Other Page 442 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 A. Informational items by the Members of the City Commission. Commissioner Katz disclosed he spoke with Bradley Miller regarding the office on Federal Highway. He also spoke with the owner of Copperpoint Brewery regarding the brewery related item on the agenda. Commissioner Penserga disclosed that he spoke with Bradley Miller regarding Item 8E. He also spoke to Dr. Schneider, several residences and received numerous emails regarding Item 8E. Vice Mayor Hay disclosed that he spoke with Bradley Miller. On Saturday he attended Black History Celebration at Sara Simms Park. Mayor Grant disclosed that on February 16th, he attended the Boynton Beach Veteran's Task Force. He Thanked Frankie Lazo for being the City Liaison to help with the different events for the Veteran's. On February 17th, he attended the Transpiration Planning Agency and had a meeting with PBS WXEL. On February 231, he attended the FRA Train Crossing Summit. That afternoon he attended Transpiration Disadvantage Local Coordinating Board. On February 24th, he attended National City Conference. On February 25th, he played golf with representatives from JKM Developer. On February 26th, he attended the Founders Day for Delta Sigma Betta. He spoke with Bradley Miller and Matt Haut. He stated that this could be his last meeting and that it was an honor to serve the City of Boynton Beach. Commissioner Romelus thanked the Commission for allowing her to attend virtually. Unfortunately, she will not be able to attend the few meetings. She suffered a personal injury that prevents her from driving and sitting or standing for long periods of time. She regrets that she is missing the last few meetings serving as a Commissioner of District 3. She thanked everyone that has sent her well wishes, prayers and thoughts. She disclosed that spoke with residences of Snug Harbor and Riviera Drive regarding the project that is on the agenda tonight. She also spoke Bradley Miller the representative of the project. She also spoke with Bonnie Miskell. Motion: Vice Mayor Hay moved to approve putting Item 12A ahead of Public Audience. Commissioner Penserga seconded the motion. The motion passed unanimously. 3. Announcements, Community And Special Events And Presentations A. Human Resources is announcing the City's annual participation in the Let's Move: Commit to Change Physical Activity Challenge from March 1 st through March 31 st. We encourage everyone to join our team: Boynton Beach Move Crew. Additional information about Let's Move is available at www.LetsMovePBC.org. 2 Page 443 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Daniel Goodrich, Assistant Director Human Resources and Risk Management, announced City's annual participation in the Let's Move: Commit to Change Physical Activity Challenge from March 1St through March 31St B. Announcement recapping the Joe DiMaggio Children's Health Specialty Center Magic Wheels &Special Deals event by Stephanie Soplop. Stephanie Soplop, ADA Title II Coordinator, recapped the Joe DiMaggio Children's Health Specialty Center Magic Wheels &Special Deals event. This was the City's 6th event and 3rd year in a row that the event was sponsored by the Joe DiMaggio Children's Health Specialty Center. Jason was the Magic Wheel recipient. He is 11-years-old and has Cerebral Palsy. Jason loves baseball and his Magic Wheel was designed to look like a baseball glove. She thanked sponsors and everyone who helped to make this a successful event. She present plaques to Chariots of Love who help create the Magic Wheel for Jason. Jonathan Doring, Special Olympics Tennis Athlete, thanked the City for continued support a presented a plaque to the Mayor. Mr. Doring announced that Saturday March 5th, the County games will be held at Benjamin High School in Jupiter. He asked if anyone would like to volunteer to speak with his mom, Kathleen Doring and Rich Fleming the County Director of Special Olympics. He will be attending the Special Olympics in Orlando, Florida June 5th to June 12th. Kathleen Doring, thanked the City for their continued support. C. Presentation about the Boynton Beach City Library's Makerspace: Creative Edge Studio by Library Director Craig Clark, and Librarian Christina Graves. Craig Clark, Library Director and Librarian Christina Graves gave a presentation on Boynton Beach City Library's Makerspace. Commissioner Romelus thanked the Library Staff for the presentation. This is something she had asked for a while ago. She hopes that the Makerspace is used so much that eventually the equipment will have to be replaced. This is a great tool for the residence. D. Proclamation recognizing March 22, 2022 as "All People's Day." Susan Berkowitz-Schwartz, Founder/President of All People's Day, Inc., will be online to accept the proclamation. Mayor Grant read the proclamation, which was accepted by Susan Berkowitz-Schwartz. Ms. Berkowitz-Schwartz gave a brief history on the day and thanked the City for their continued support. She announced that the All People's Day Festival will be on March 19th, from 11 a.m. to 3 p.m. at Pompey Park in Delray Beach. If interested in having your child attend the children's activity please contact Ms. Berkowitz-Schwartz at 561- 495-9818. 3 Page 444 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 E. Proclamation recognizing the 50th Anniversary of the Florida Association of City Clerks (FACC). Lanelda Gaskins, MMC, FACC SE District Director, will accept the proclamation. Mayor Grant read the proclamation, which was accepted by Crystal Gibson City Clerk. Vice Mayor Hay stated that City Clerk Gibson has done a phenomenal job for the City. Mayor Grant stated that City Clerk staff does so much for the City behind the scenes. Making sure that all that is done during Commission meetings is recognized and recorded for the next hundred years or more. Crystal Gibson, City Clerk, thank the Mayor for recognizing the office of the City Clerk. She gave kudos to her staff, we work together as a great team and make it a wonderful office. F. Proclaim the month of March as Irish American History Month. Mayor Grant proclaimed the month of March as Irish American History Month. G. Proclaim the month of March as Florida Bicycle Month. Valerie Neilson with the Palm Beach Transportation Planning Agency will accept the proclamation. Mayor Grant read the proclamation, which was accepted by Alyssa Frank with the Palm Beach Transportation Planning Agency. She thanked the Commission and the City. H. Proclamation recognizing the week of March 14-21 , 2022 as Scholar Career Coaching, Inc. Program Awareness Week. Lynne Gassant, Executive Director of Scholar Career Coaching, Inc., will accept the proclamation. Mayor Grant read the proclamation, which was accepted by Lynne Gassant, Executive Director of Scholar Career Coaching, Inc. She thanked the Commission and the City for their support. Commissioner Romelus stated that Scholar Career Coaching is doing a tremendous job with the high school students, especially those who come low income and immigrant backgrounds. I. Mayor Grant requested a public update from the City Attorney on the JKM lawsuit. Jim Cherof, City Attorney, stated the Commission received a handout on the update that contains three points. The judge on the case has been changed and the City has received a new trail order. In the interim JKM has listed the property for sale, a formal listing is included in the backup. The City Attorney's Office will continue to provide any updates on any proposals for third part to acquire the property. There is request for a close door 4 Page 445 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 session on April 19, 2022 before the City Commission meeting. Commissioner Penserga inquired about the value of the property and what JKM is selling it for. City Attorney Cherof stated that he does not have the specific dollar amount. He believes it was more of a posting of the property requesting interested parties to submit a proposal and dollar amounts associated with those proposals. That is the information that the City Attorney's office is trying to obtain. Mayor Grant asked if the contract allows for the right of first refusal. City Attorney Cherof explained that the City originally had the option to acquire the property back and release that option. The CRA and the City or a combination of the two. He could figure out a way to make a proposal if City wanted to compete with the private sector. The CRA is limited because they are not supposed to compete with the private sector, they are supposed to clear the way for the private sector to advance. J. The Community Meeting that was scheduled for March 3, 2022 regarding the December 26, 2021 accident has been cancelled at this time. City Attorney Cherof stated that there have been a lot of questions about why the meeting was canceled. Last week he and the City Manager conducted a conference call with the representatives of the Florida Mutual Insurance Trust. They provide the insurance defense to the City on all matters of claims. They have assigned an attorney to represent the City in those manners and at the advice and request of the attorney, there would be no community meetings or other meetings regarding the subject matters that could spill over to the pend threat of litigation. Mayor Grant inquired if the City received a notice of claim. City Attorney Cherof stated that he would have to check and would provide a copy to him. Mayor Grant asked the City Attorney to explain to the public what a notice of claim is. City Attorney Cherof explained there is a notice requirement under the statute where anybody interested in asserting a claim against the City has to provide advance notice of the claim, an opportunity to provide information associated with the claim. That is a procedural requirement under state statute before a lawsuit is filed. Vice Mayor Hay inquired if the request still stands after FHP closes the case. City Attorney Cherof noted that it is the initial guidance from the litigation Council assigned to the City's case. Under the Notice of Claim, he would expect that everything else will 5 Page 446 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 evolve, then there will be a time and a place to deal with issues of concern that the public has raised. There will be some format for providing that information at the appropriate time. Vice Mayor Hay stated regardless of what the outcome may be. City Attorney Cherof commented he thinks it would be without regard to the outcome. Commissioner Penserga asked if this was normal procedure for handling cases? City Attorney Cherof stated that it is common for defense counsel to want to be involved in the disclosure of information and the control of communications, which might have to be dealt with in the future during litigation. Commissioner Penserga inquired if their concern is to be a witness or to have the records of what occurred in that meeting could the meeting be recorded for that purpose? City Attorney Cherof replied the direction was specific. It could affect the defense that is provided and the coverage available through the Florida Mutual Insurance Trust Fund. Commissioner Penserga inquired if the request was for them to be in person. City Attorney Cherof stated that is not the request. The request right now is for the City Manager, City staff, and the City Attorney's office not to communicate further concerning the appending matter. No communication at this particular point. City Manager LaVerriere noted that the City did have a meeting scheduled with the family and the attorney last week. They cancelled the meeting 15 minutes prior to meeting. Mayor Granted commented that attorneys will tell their clients not to communicate anything, and that the attorneys are able to do the communications on their behalf. What is not allowed under the Florida Bar is for our attorney to communicate with the Plaintiffs' without the attorney present. Commissioner Penserga asked if the City had the Notice of Claim before the City offered a public event. City Attorney Cherof stated he will go back and look at the sequence of events. One thing for certain is that we do not an acknowledgement of filing a Notice of Claim with the insurance company and a response until last week. Vice Mayor Hay inquired if a written statement could go out the community explaining what is happening so they can understand. City Attorney Cherof replied yes. There have been two documents approved by the litigation defense counsel that will be issued by the City Manager and the Police 6 Page 447 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 department. One by one those types of things will be addressed, reviewed, approved and edited whatever the case maybe. With the expectation that as soon as possible we will be able to answer each and every question that the public has with respect to the incident. Commissioner Penserga stated that he is confused because we offered to have a public meeting to discuss this, only for us to announce that we cannot have the meeting. Yet, you also said this was standard procedure. It created this friction, which was unnecessary. If we could not have it, we should not have said the way we are going to have one. City Attorney Cherof stated that there is a lot more to it, and he would be more than happy to discuss the details and sequence with you. Factors change. Things changed. In good faith, The Commission asked for the manager to set up a community conference. If you recall, he did raise issues about the subject matter so that the public would not be disappointed with the outcome. It is evolving in nature, and we will expect it to continue to evolve as it occurs. He would like to call Commissioner Penserga to discuss this in more detail. The council that he has referred to will be available to talk to him as well. Vice Mayor Hay stated that he would like to speak with the City Attorney as well. City Attorney Cherof stated that he will talk to anyone, who is on the Commission. Commissioner Romelus stated that she advocated for having this public meeting. From what she understands and communications that have occurred since then, the family declined to meet with staff after meetings were scheduled. Then due to the litigation, a decision was made not to proceed with the public meeting. She wants to make sure it is understood it is not the City choosing to not have public meetings. The nature of this situation puts the City in a difficult position. The family involved is demanding answers for what has happened, which they rightfully deserve. It mars the waters when we have all these lawsuits and lawyers involved. She has always stood in support of making sure that there is transparency and clarity. We have to proceed as both parties have chosen to do so. 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 comingbefore the City Commission) Mayor Grant apologized for the last apology. But unfortunately, he was not prepared and could not say anything meaningful. During the six years that he has been Mayor, there have been a lot of unnatural deaths or lives taken too soon. He wishes there was more that he could do. He opened the floor to the public at 12:47 a.m. Bryce Graham, Second Vice President of National Network, Central Florida Chapter, commented what a way to exit. It is incredible that this continues. For two months, we 7 Page 448 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 have been demanding a straightforward thing, which is the basics to the wheels of Justice. The wheels of Justice in Boynton Beach are squeaky. We have come to apply oil to those wheels tonight. He demands that you fire Mark Sohn. His name is already in the Media. So, we do not have to worry about that tonight. You show this community a disservice by not firing the officer. The investigation has nothing to do with you all taking accountability to fire him. We no longer need your words. We need your actions. Peter Torocsik, He stated that the City Attorney disqualified him from the proposal. He is asking for public records. He claimed that he wrote City manager, and she did not answer. It is a massive violation of my First Amendment Rights. He has the right to speak freely. Mayor Grant asked if there was an RFP for the golf course restaurant. City Attorney Cherof replied that the RFP is working its way forward to the City Commission for review. Mayor Grant inquired if Mr. Torocsik was disqualified from the RFP and if he received that in writing. City Attorney Cherof confirmed that Mr. Torocsik was disqualified and he has communicated with him in response to all of his emails. It is premature for the Commission to be discussing this the RFP is working its way forward to the Commission. Mayor Grant stated that he is concerned with the disqualification without reasoning. City Attorney Cherof stated that a report will be put together for Commission and the agenda item will be very clear about what occurred in the RFP process. Lola Torocsik stated that on February 9th, we saw the e-mail saying you are disqualifying his company. February 11th, someone came to our workplace and told us that we got disqualified. We had no idea that you had a public meeting. February 12th, we requested public records. Since that day, we have been sending you a public records request. She claimed that the City clerk hung up on her twice. She came to the city hall today, and she was thrown out. He was yelling at me. The cashier lady said that there is nothing you will get from us. On February 14th, he talked to Ms. Pinto personally. She told us you got disqualified. She did not give us an individual scoring sheet. She did not provide us with the disqualification letter. City policy procedure says if someone is disqualified, the City Manager has the right to change that. We sent you the notice of appeal for disqualification. You never responded that yes, you got it. If you disqualify us and you avoid this contract to someone else. You are saying we should do a big protest. I can do a bid protest if I am disqualified. I do not have the basis for doing a bid protest, and that is your plan, and your disqualification is incorrect. Ultimate bakery, the proprietor had no lawsuit in 2020. You cannot discriminate against us and disqualify us on something that is not true. The City Attorney responded via e-mail on February 22nd, and 8 Page 449 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 he asked for our attorney. We replied we do not have an attorney. Since that day, you are not communicating with us. Do you have the disqualification letter in your hand? Yes or no. Do you have the individual scoring sheet for his company? You want to award the company from Minnesota that has zero experience with the government. The financial statement says not applicable. They did not even attach a financial statement, and you want to award the contract to them. Why are you discriminating against him? What is the reason his age? His accent, what is your reason. If the company were better, she would tell him to retire. They are better, but they are not better, and you are not giving us public records. For 15 days, Kristeena Pinto had all that information in her hands. She could give it to him; she did not. This protest is on a platform, "Tenders and Bids." They could click and print out everything, and they are not doing it. When can we get this information? Mayor Grant stated that at the next City Commission meeting there will be an item discussing this issue. Bernard Wright, a current candidate for Mayor, CEO of Bernard Wright Ministry, stated that you do not have to wait until the investigation is completed to fire Officer Sohn. Why do we need an advisory board to approve the renaming of Fire Station 1 when the City Commission has the authority to rename the building? This is procrastination. Mayor Grant stated that the Historic Preservation Board could not make a recommendation. According to Code, the City Commission follows there is a four-step procedure. First, the board is to review the criteria to make a recommendation to the City Commission. The committee will review the letter that Ms. Clemons sent on January 31, 2022, detailing her accomplishments for authentication. Dr. Hayden-Adeyemo, requested that the City Manager resign from her position. She told the Commission to put forward a vote of no confidence for the City Manager and the City Attorney. Sherry Johnson, 2191 N. Seacrest Boulevard Boynton Beach CDC, stated that they just completed the grant review process for the ARPA funding. She feels that the transparency was lacking in the review process. There should be an opportunity to appeal the awarding of the ARPA funding. City Manager LaVerriere reminded Ms. Johnson that there was going to be an ARPA workshop on March 9t" and encouraged to attend. Kimberly Bush, CEO of Pathways to Prosperity, stated that she concurs with everything Ms. Johnson had said. During Covid, nine organizations came together to meet the community's needs. We did it successfully. Because these nine organizations worked so well together, we decided to collectively apply for an ARPA Grant so we could continue to meet the community's needs. Many organizations that submitted applications for ARPA funding are from outside the City. She was so excited because she had communicated with funders and non-profit organizations for the last two months. Some of the largest 9 Page 450 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 funders here in Palm Beach County are amazed that non-organizations can come together strategically and do collective impact work. They are looking at the City of Boynton Beach. You have an opportunity to set a precedence for what can happen when organizations come together. We can meet the needs of this community by working together. Not one organization doing this, one organization doing that. That is the old way, but you all get a chance to set a precedence that together, with the city as a partner, we can make a difference. Rae Whitely, 239 NE 12th Avenue, stated that the thing that grabbed him about the ARPA funding was the spirit that he thought it created. It wanted cities to do something different. How do you use trusted individuals from the community to serve the community? How do you make that a sustainable issue? He thinks that the faith-based CDC and the partners did create that. He cannot recall Commissioner Katz's words. He wanted to know if there were specific organizations that would be given funding to do this work. That is what happened here. We were able to organize social service providers and advocates to work for the community. Even though there are nine groups involved, other groups can come on board, but they are trusted voices. When you look at the equity study, District two was highlighted as the most significant area of need. What he is seeing from the review may not necessarily be that. We are asking for the Commission to take the lead on making sure that happens. We have an incredible staff who comes in and does work to recommend certain things in many cases. We are asking the Commission to take the lead. Do what you said you would in the spirit of what the ARPA funding was created, so the community wins now and continues to prevail throughout this process. He wants the Davis family to know that he is standing with them and supporting them. He is not here all the time, not in person, but I am online every week. Our prayers are with them, and we are encouraging Boynton Beach to do the right thing. We started this listening session called Casual Conversations out at Sarah Sims Park. We were there last week with 13 to 14 people. The idea of the casual conversation is for us to come together as a community and heal with the guidance of a mental health professional, grief, counseling, whatever it is that is happened in there. So, we are standing with the family in support, whatever we can do. We are here to do it, and God bless you all. Pernell Davis commented that he is still blown away by the City Manager stating stop with the theatrics. He had the pleasure of going to Congress Middle School yesterday for their Black History Program. They honored his nephew during the program. He had to deal with his daughter all day and night, she was inconsolable and you call it theatrical. When we leave here it is not over for us. At the conclusion of that meeting the City Manager had put something on Facebook. You said the best case of obnoxious, incivility at our Commission meeting residents lying and twisting the truth. What was the lie that he spoke about? That is more of a reason why we do not need an unprofessional person like to lead in our community. In the last few weeks, he has not mentioned firing the Officer. He has spoken with Chief Gregory and he understands the process. However, he did not know about the Officer's history at that time. The Officer has been with the police for twenty years with 17 infractions. That is almost an infraction a year; this is due cause to fire him. He is sure that the City has enough on record to uphold the firing of the Officer. 10 Page 451 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 There is no way that anybody in this room would have 17 infractions and still have their job. Mayor you are a lawyer if you lose 17 cases in a row it would be hard to get to 18. The Officer made a mockery of our City and the officials have let it happen time and time again. So please tell him what was theatrical about last week. Did any theatrics happen today? Very distasteful, very unprofessional. Every citizen in this City that pays their money should be displeased. If they are not, they have a problem. Stanley Davis, 800 block of Federal Highway (fictitious), commented that it was not just for Mark Sohn when we were demanding accountability and transparency. Those same things apply to you as well. There is no accountability or transparency. The way you display yourselves among the public is disgusting. I think now that with everything that is going on with my child, that we are able to bring lights upon the City that people all over, will see some of the corruption and some of the things that you guys have misconstrued and have tried to hide and bury. It is going to be a good thing, moving forward. Lori, at some point, you need to resign. Since this council failed to vote her out, I am hoping the new Commission will have a different agenda and can see the dishonest and tastefulness presented. She is glad some of you guys will no longer be here. She hopes when more investigation prevails, that those that had a hand in covering up some of these cases that you are going to be tried and the spotlight will be on you guys as well. The meeting that was supposed to take place tomorrow that you guys, Laurie changed from the original date, which was February 22nd, because the family decided to cancel the meeting with you. She is not understanding what that had to do with the public as well, because that was the Q and A for the public as well. She is at a loss. What does our decision have to do with the community moving forward with the question and answer? If you guys were previously aware of these circumstances as to why that meeting could not be conducted, why did you guys even put that on the agenda? It does not make sense. It shows us that you guys are mocking our intelligence, playing with our emotions as if this is just a joke. My son life was taken Mark should have been fired years ago. Had he been fired; my child would still be here. It is just very disgusting. I am glad that you guys will be back to law-abiding citizens, so you know that your position will be over and you will deal with us. Shamar Davis commented that she poured out her heart to you guys at previous meetings and told you exactly how she felt that day. Instead of you guys being understanding and heartfelt human beings and not being hidden behind your titles. It did not matter to you at all. Then you have some people who, when I would tell my stories, were looking in my eyes, had these crocodile tears. That meant nothing, and that made her feel very cold-hearted. Stanley Davis commented that in the beginning he was open with the whole situation. We are still not getting what we are asking for. The officer is still getting paid. It has been 20 years that the officer is terrorizing District two. You do not see that in any other District. Vice Mayor Hay should be standing up for us, this is his District. He understands why the crime is the way it is in District two. He has lived there his entire life. The people in District two are not bad people, it is bad policing. You are going to right this wrong, or we are going to help you right the wrong. He does not understand why the meeting with 11 Page 452 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 the community was canceled. Mayor Grant requested an open forum with the Police Department so that questions can be asked and information can be provided. Commissioner Penserga stated he did not understand why the City was telling the people that there was going to be a meeting and then we tell them that we could not have the meeting. The reasoning was the insurance company. He is still in favoring of having the meeting. We cannot talk about the specifics of the case but we can talk generalities. Michael Gregory, Police Chief stated that he is willing to have any dialogue and communication about the topics that have been discussed before. He is pro engagement with the Community and Community Policing. Mayor Grant suggested a meeting on March 22 with police and the community. City Attorney Cherof stated that they will work with the attorneys that have been appointed to defend the City. To structure a citizen's engagement committee that does not cross over to the issue that has been raised under the notice of claim. Mayor Grant clarified it is the Citizen's Engagement Committee Workshop is what he wants it to be called. City Attorney Cherof replied that he does not care what he calls it. Mayor Grant stated that he does and he does not like City Attorney Cherof's tone. City Attorney Cherof stated that the Mayor keeps pressing this issue. He asked a couple of meetings ago to try to build the structure for that kind of meeting. He warned the Commission that you were setting up the City for disappointment and the community for disappointment. By not providing structure to the meeting. Now we have an outside council telling us to provide structure. The Attorney has not met with the Police Chief. Yet you want to commit to a specific date without input from that Attorney. Mayor Grant replied this is not about the incident. It is about the Law Enforcement Agency. He has spoken with people who have grown up in Boynton Beach, and they have a different perception of what is going on. We need to start having conversations about community policing in the City. City Manager LaVerriere asked Chief Gregory to explain his plan for the engagement committee and re-instating town hall meetings. She noted that this is more than one workshop and should not be rushed. It is going to be a series of numerous communications and structure. Create the ordinance, approve the ordinance then engage the community repeatedly. There is a plan, and there needs to be structure to it. It needs to be completely isolated from this incident. We have talked to the NAACP and some non- 12 Page 453 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 profits who want to work with us. We welcome it. She is asking not to cram a date down right now because we need an opportunity to get ourselves organized. Mayor Grant stated he feels that he has to have a town hall meeting on the day before he leaves on March 14th, and invite the chief to come, so that we can have a conversation about what is going on in the City. That all the community is trying to do. That is why they are coming here and spending three hours during public audience to have a conversation with us because they do not know of another opportunity to have a conversation. They have been coming here for over two months to have a conversation. He feels that they are trying to emphasize to us that it is not one incident. Based upon the conversations that he hears at the City Commission meetings, they are not being informed, not the family, but the community. The family is speaking on behalf of the community, and they want a conversation with our police department. Michael Gregory, Police Chief, stated we have not had a townhall this year. We planned the February 22nd date as restart of our townhall meetings. We had one or two when he first joined and then Covid hit. February 22nd was going to be the kick off of series of quarterly committee outreach and engagement. Come one, come all and hear what is going in the Police Department. Express concerns, questions about operations. The Department is on board with this and getting input from all stakeholders on what the meetings should be. Community engagement is overdue. City Manager LaVerriere inquired if Chief Gregory would be prepared to have the timeline laid out for the next meeting. Chief Gregory replied that he could provide general schedule for the remainder of the year. It would be more structured as the Commission had indicated in their dialog. It will include crime statistics, policy reviews, training, curriculum reviews, and much more. The nuts and bolts of the operation of the Police Department. Mayor Grant stated that to honor SJ and all of those who have died on the roads here in the City of Boynton. There is a park located on the corner of 6t"Avenue and 6t" Court that could be used to remember and honor the people who have died. Charday Hunter, inquired about the park and if was for people who died by the Police. Mayor Grant replied it would be people who died in traffic accidents. Ms. Hunter commented that you believe them when a person shows you who they are the first time. Someone rarely changes their beliefs. That is evident by Office Mark Sohn, 20 years on the force and all the infractions. How many times can you rehabilitate somebody? He is incompetent, underachieving, and underperforming. He has been in many situations with his vehicle. Why is he allowed to keep his vehicle? Maybe he should be on horseback or riding a bicycle. We are supposed to sit here and give him the benefit of the doubt of an investigation, but my nephew is six feet under in a box. It has been 13 Page 454 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 proven that he does not give a damn about the people he is supposed to be protecting. He does not care. He does not care how many times he has been reprimanded. He did what he did because he felt like he could. He needs to be fired. Yolanda Byrd Davis, imagine coming here month after month, week after week, and our petitions are falling on deaf ears. We have asked you to be transparent. We have been here adhering to what you tell us; you cannot do much. You know what this Officer stands for. He is upheld with the things that he is doing. The family is asking you to let us know what is going on. How can you help us? Who do we go to, we are coming to you guys for help, and there is no help. Who do we cry to? Your facial expressions are disgusting. You say stop that the theatrics that is my husband. When I go home at night, I have to console him about our nephew. Is that theatrical? My stepdaughter is not performing well. Is that theatrical? When my brother-in-law is having suicidal thoughts, is that theatrical? When his mother constantly has to keep getting off work to come here and plead with you guys, is that theatrical? No, it is not. We are asking for compassion. We ask you to be human and sympathize with what is going on? Then you canceled the meeting. This meeting was not just for the family. The meeting was for the community. Because even though you have 17 infractions, that is not all he has done in this community. Come on, for you guys to stay here and drag out the public audience to the very end. I saw you smirking because there is no way you spend 45 minutes talking about, can you have heated food in a mini brewery in an industrial area. What was that about? Scope of regulation for an industrial area, no, you drug it out. You know you did. You have fun dragging it out. There was a time FAU came up here to explain demographics. You specifically said in District two that we are overpopulated and underrepresented. District two has been underrepresented for years. You guys have not done your job. We are asking you to do your job, which seems like it is too hard. So, what do we do? How do we move, because we come here, week after week, and nothing is being done? Who do we have to speak to, because it is not you guys? You guys are here to appeal to the community. We do not have that here, yet we come peacefully. Yet we come with tears. Yet we come with our hearts, and you have no heart. You have no compassion. I am utterly disgusted, not just as a family because now it goes along with police brutality, systemic oppression, systemic racism. I hate to use those words. The agenda has been bumped down, but we come here. We are not even on the agenda we speak during public audience. We are not going away. Why has this not been a part of the whole protocol? When is it going to be a time to speak on it? We did not give you a date; you gave us a date. You gave us the date that you constantly keep pushing back. We are tired. I am tired. It is one in the morning, and we all have jobs. My daughter has school. It is unacceptable. Raise your standard; Mr. Hay, for District two, that is being underrepresented. We are holding you all to a standard. Even when you leave, you are still a part of the community. I expected more. Mr. Mignoli stated that this case with SJ he has enough evidence, videos recordings inside information from the Police Department, Fire Department and City Hall. He has solid information, he is working with the Crump law firm. He claimed there where motorcycles reckless driving around City Hall and the Police did nothing to stop it. 14 Page 455 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 5. Administrative A. Appointment of eligible members of the community to serve in vacant positions on City advisory boards. Mayor Grant read the list of positions that are available. B. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Boynton Beach Little League. C. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community SupportFunds to Scholar Career Coaching. D. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Art Synergy, Inc. E. Approve the request of Mayor Steven B. Grant to distribute $500.00 of his Community SupportFunds to South Florida PBS. F. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to American Academy. G. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Alpert Jewish Family Service. H. Approve the request of Mayor Steven B. Grant to distribute $100.00 of his Community SupportFunds to Community Greening. I. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to the Boynton Beach Bulldogs Football team. J. Approve the request of Mayor Steven B. Grant to distribute $200.00 of his Community SupportFunds to Boynton Strong. Motion Commissioner Penserga moved to approve items 5B thru 5J. Vice Mayor hay seconded the motion. The motion passed unanimously. Vice Mayor Hay commended the Mayor for his distribution of funds to the different organizations. He does have a concern that when he came into office that there was no Community Support Funds available to him to distribute. This is the same scenario the new Mayor will be facing. Something needs to be done. He does not think it is fair for the 15 Page 456 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 newly elected officials to have zero funds and have to wait 8 months before they can get the funding from the new budget. Mayor Grant stated that when he was elected there was no Community Support Funds left for him to use. It is something that should be discussed during budget. Vice Mayor Hay stated that he did not wan to wait until October. There needs to be a provision for new elected officials that are coming in so that they would have funding. Commissioner Romelus commented it is six months max which is a short amount of time in the grand scheme of things that they would have to wait. Then they have three to six years to determine how they want to spend their Community Support Funds. She is not in favor of having to leave or discuss leaving a certain amount of funding for incoming Commissioners. The six-month period where they would have no money to spend. It is the perfect time for them to learn and determine the entities within the Community that they would like to support. Commissioner Katz stated that he does not have a long-term solution for this. In the short term if it is permissible he would like leave half of his funds to the incoming Mayor or Commissioner. City Attorney Cherof commented that he would have to look to see how it was structured on the budget agenda. It maybe unique dollars for a particular Commission seat to spent directly to the organizations and not shared amongst the Commission. The concept is very generous he is not sure if it is consistent with the way it was approved on the budget. It could be a budget amendment to allow for this, but it can not be done tonight. Motion Commissioner Katz moved to approve the transfer of $2500 from a Commissioner seat to the Mayor seat with approval from the City Attorney. Commissioner Penserga seconded the motion the motion passed 4 to 1. Vice Mayor Hay rescinding. Commissioner Romelus stated that the simplest solution would be for the current Commissioner not spend all of their funds leaving some for the incoming Commissioner. It has been her understanding that the funds that are left are allocated to the incoming Commissioner. She asked City Attorney Cherof to clarify. City Attorney Cherof replied that he cannot clarify anymore without looking at the way it was structured and or discussed during the budget process. It makes sense to think it as funds allocated for specific districts because the district Commissioner controls it. Commissioner Katz inquired if the increased allocation relative the textiles contribution would be encumbered by budget versus a board action. 16 Page 457 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 City Attorney replies that we will discuss this with the clerk and the finance director and suggest to leave this to the discretion and wisdom of whoever's going to fill your district seat. Vice Mayor Hay stated that is what he is looking for at this point, not a decision tonight but to see what it says and how we can amend it. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities under $100,000 as described in the written report for March 1 , 2022"Request for Extensions and/or Piggybacks." B. Accept the written report to the Commission for purchases over $10,000 for the month of January2022. C. Proposed Resolution R22-034 - Approve and authorize the City Manager to sign a Grant Agreement for the Marketing and Digital Connectivity Small Business Grant Program funding inthe amount of $2,500 for Common Grounds Boynton located at 1517 S Federal Highway, Boynton Beach, FL 33435. D. Proposed Resolution No. R22-035 -Approve ARPA Subrecipient Grant Agreement with Florida Atlantic University's Tech Runway to provide local Boynton Beach entrepreneurs and small business owners, who have experienced negative economic impact due to the COVID-19 pandemic, access to personalized training programs that will help individuals build a business or grow an existing business, for the total amount of$60,000.00. E. Proposed Resolution No. R22-036 -Approve ARPA Subrecipient Partnership Agreement with Citrus Cove Elementary School for purchases of equipment and materials for the S.T.E.A.M Exploration Lab, that can be utilized in grades Pre-School through Grade 5, in the amount of $15,500.00. Vice Mayor Hay pulled Item 6E. Vice Mayor Hay asked for a definition of S.T.E.A.M and what the funding will be 17 Page 458 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 spent on. John Durgan, Economic Development Manager, stated that there is backup in the agenda explaining the S.T.E.A.M He did try to have a local principal attend the meeting no one was available. Commissioner Penserga stated that S.T.E.A.M is Science Technology Engineering Art and Math. Commissioner Romelus stated she was a teacher, as well, who taught anatomy and physiology for over six years. Having S.T.E.A.M careers, or S.T.E.A.M focuses, at the elementary stages for young students is a life-altering and determining opportunity. It opens their minds and their worlds to see life around them in a different way, especially in our low-income communities. These opportunities tend to steer these students into S.T.E.A.M careers and tech careers, which are the careers of the future, which will make them and their families very comfortable. We want to guide the students in these directions. She is happy to see several ARPA grants on the consent agenda. Thank you, to the staff, for getting those through. She would love to see these schools come back to show the Commission the product of these investments. Motion Commissioner Penserga moved to approve item 6E. Vice Mayor Hay seconded the motion. The motion passed unanimously. Mayor Grant inquired when will the Tech Runway Programs start. Mr. Durgan replied that MVP (Market Validation Program)will start this Wednesday. Their Entrepreneurship Boot Camp Program start last Wednesday. These programs are going to be on a continuing basis. The Entrepreneurship Boot Camp Pro-am is an eight-week program. The MVP is a four-week program and they will be offered year-round. F. Proposed Resolution No. R22-037 - Approve ARPA Subrecipient Partnership Agreement with Poinciana STEM Elementary School for the purchase of equipment and materials for a school Drum-Line and Color-Guard in the amount of $8,000.00. G. Proposed Resolution No. R22-038 - Approve ARPA Subrecipient Partnership Agreement with Forest Park Elementary School to provide enrichment opportunities for Forest Park students inacademics, physical, and emotional well-being through seven (7) separate programs for a total cost of $20,000.00. H. Proposed Resolution No. R22-039 - Approve ARPA Subrecipient Partnership Agreement with Freedom Shores Elementary School to purchase programmable robots and materials fora Robotics Club in Grades 3-5 in the amount of $8,000.00. 18 Page 459 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 I. Approve the purchase of a replacement Foley Accu Pro 633 reel grinder in the amount of $38,797.00 via South Florida's sole source provider Hector Turf. J. Legal Expenses - January 2022 - Information at the request of the City Commission. No actionrequired. K. Approve an Amendment to Purchase Order 210290 with Globaltech, Inc. in the amount of $17,542.50 to update the East Water Treatment Plant Clearwell Four-Log Evaluation for a total Purchase Order amount of $77,416.50. L. Approve minutes from the February 15, 2022 City Commission meeting. Motion Vice Mayor Hay moved to approve the remainder of the Consent Agenda. Commissioner Penserga seconded the motion. The motion passed unanimously. Comm Rom asked that schools 7. Consent Bids And Purchases Over $100,000 A. Award the purchase of Extreme Networks switches, licensing, and maintenance from STEPcg of Covington, KY in the amount of $147,471 .97, utilizing the State of Florida Alternate ContractSource Number 43220000-NASPO-19-ACS for the purchase of networking equipment for multiple City buildings. The State of Florida Alternate Contract complies with the City of Boynton Beach's competitive bid requirements. B. Approve an increase to the Sages Networks, Inc. agreement to include enterprise-wide licensingin order to provide for monthly functional support and unlimited staff licenses from $104,160 to $120,000 annually. Commissioner Romelus pulled Item 7B. Commissioner Romelus asked if there was a presentation for this item. City Manager LaVerriere replied that this item is a request to increase the purchase order to allow purchasing additional licenses to expand the use of the software. The March 15th meeting there will be a presentation given by the Development Department. C. Approve the issuance of a purchase order to Graybar Electrical Company of West Palm Beach,F L utilizing US Communities 19 Page 460 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 cooperative purchasing program contract #EV2370 for electrical/lighting supplies to upgrade and retrofit the existing street lights on Ocean Ave,in the amount of$143,096.39. US Communities contract satisfies the City's procurementrequirements. D. Proposed Resolution No. R22-040 -Approve and authorize the City Manager to sign a contract with TLC Diversified, Inc. for the East Water Treatment Plant Fluoride Storage and Feed Improvements project, Bid No. UTL22-010 in the amount of $758,225 plus a 10% contingency of $75,822.50, for a total expenditure of$834,047.50, and approve the Utilities Capital ImprovementPlan (CIP) budget adjustment of $427,000 for the proposed project. Motion Commissioner Romelus moved to approve Consent Bids and Purchases over$100,000. Commissioner Penserga seconded the motion. The motion passed unanimously. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local PlanningAgency and City Commission. A. Proposed Ordinance No. 22-006 -Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 1, Article II. Use Definitions, Chapter 3. Zoning, and Chapter 4, Article V. Minimum Off-Street Parking Requirements that address Medical Care or Testing (In-patient), Beverage Manufacturing, Micro-Brewery, Brewpub, Taproom Brewery, and Take Out Restaurant uses. Staff initiated. City Attorney Cherof read Proposed Ordinance No. 22-006 on Second Reading by title only. Mayor Grant stated that he did speak with the owner of Copperpoint. Their big request is to have a residential type electric oven or an electric toaster oven or air fryer to heat food to be given to their patrons. Does our current regulation, as stated, allow people to have hot pretzels while they drink beer? Mike Rumpf, Planning and Zoning Director, stated that he does not think the City would be looking to identify those contrary to our regulations. However, if they are served some refreshments, whether it is peanuts or something like that, we would be concerned if they had a small oven in there without really knowing who would not want to micromanage it. Mayor Grant clarified does our current regulations, as stated, allow for any sort of heating element in a micro-brewery or a brewery? Mr. Rumpf replied no. 20 Page 461 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Mayor Grant stated that is our two breweries are requesting how do we have a heating element? As A conditional use or ancillary use. We are trying to provide our businesses that help bring people to our City, the ancillary service of a heating element. It is not a kitchen where we have a designated oven is similar to a wet bar with counter space. Is a wet bar not allowed? Mr. Rumpf commented he thinks the business plan is too local successful businesses, and that is to serve people, similar to maybe less assortment, if you will, if you go to the restaurant. We have done our best to bring food closer to these businesses in the industrial area; otherwise, you are crossing that line by allowing them to heat foods. Parking is the main problem. These properties are not intended for restaurants. Mayor Grant stated this is an invalidated argument there is a restaurant on the premise with a food truck that has been there for seven days a week that he is sure you have observed. Mr. Rumpf stated that is correct. We are very proud of the regulations and one of the first cities in the county that establish rules to help fuel the brewery industry. We went from a tasting room that was a couple of hundred square feet to what looks like a full- service bar with that unique niche, being created their site and feeding that need. We received in the past complaints about cars parking on the street. It is a little bit counter to what we would like. Want to do it the right way, and we have. We fueled this. We knew that it could push the boundaries of the site's capacity. We look to see how we could continue to provide them with another option. That could work for them. Not necessarily as close in partnership and sharing space because you are crossing that line. What pleases the Commission we will write and create something you would like to use. Perhaps it becomes a pilot, but we know that, and we did discuss that with them, but for them to invest in kitchen preparation, food preparation equipment and then after a year, we sent out there busting at the seams, you cannot give up the food trucks here. Mayor Grant stated that he thinks a pilot program because I, as I mentioned the argument, says it is turning into a restaurant when there is a full kitchen on the premise already, with a food truck. You say they cannot cook the food inside the building, but it could be cooked outside the building even though it is the same food. It allows 120-volt appliances on a pilot basis. He thinks with the kitchen, including the food trucks, they have open heating elements that we would not approve, and they have ovens that are more than 120 volts. He asked the commission if they were okay with a pilot program. Commissioner Katz inquired about the matrix that has been created delineating between a variety of beer services. The only one that does not allow food service is a brewery. Is there anything that legally prohibits this commission from saying change no food service allowed to foodservice allowed? Legally are we allowed to do that? Mr. Rumpf responded that we could write regulations to accommodate that legally. Commissioner Katz stated that he asked these questions because there are two breweries in the City. We used to have four, Covid and businesses have taken the other two out, including the flagship Due South, which was the first in South Florida, one of the pioneering craft breweries. We have two remaining. We build ourselves as a Brewery City. It has taken a hit because we have lost 50% of them, but the two remaining 21 Page 462 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 breweries, by definition and industrial zones in this ordinance, are asking for something. But this does not allow them that. It does in a roundabout way. We are creating hurdles for reasons that he does not fully support. As the Mayor pointed out, the breweries have food trucks. In addition to typically having one food truck, they are legally allowed to have up to three food trucks at any given time. As far as parking concerns go, this is asking them to do less food service. But the benefit to these breweries is that they own the food services, not just the truck parked out front or two or three trucks. He understands the concern about parking. Doing this could limit the people and determine the traffic. Because once they have their operation running, they do not want to get food trucks to compete with themselves, certain nights. He would like to change the commercial brewery component required from not allowed to allowed. He does not want to see the remaining breweries die out. He has seen, and there are examples, not just across the country but in Florida, Funky Buddha down in Fort Lauderdale area, Cigar City, up in Tampa, basis, or down in Miami. They all do this. The reason they have been able to do this is one locality has made it possible, and two, this is the extra revenue that they can pocket to sustain their business, versus having a truck come in and take all the profit away. He will favor this if we can agree to a consensus to make the necessary changes to allow brewery designation to have food service and to point out that he does not think this will lead to any runaway or escalation of food-related restaurants. Nobody can open a restaurant in an industrial zone. This action would only permit A brewery that manufacturers beer to do this. The consequences contained that if someone wants to open a brewery in an industrial zone tomorrow and put some food service in there, that is a good thing because we have lost two. This action prevents anyone from just opening a business that is a restaurant and the industrial area. Mayor Grant inquired if Commissioner Katz was okay with a pilot program. Commissioner Katz responded that if we do a pilot program for a year, and someone invests tens of thousands of dollars in equipment, it gets the rug pulled out from under it is not business-friendly. We are not inventing anything here. We were ahead of the curve when we wrote the ordinance to allow breweries in industrial zones in Palm Beach County in the first place. But now we are behind the curve because hundreds of municipalities across the country, including Florida, allow just what he is requesting here. He does not see a need for a pilot program. If there were a pilot program, he would request five years so these breweries could operate. There are only two breweries that exist right now that could take advantage of this. We have good relations as City with them. They go to our events; they participate. They are partners. He does see them doing anything, that if it came off the rails, they would say s***w you because if it is five years as a pilot, it could disappear. Mr. Rumpf stated that there is no limit on the magnitude of the restaurant's operation or food service component. We do not have any threshold. Initially, the Mayor was talking about the size of the cooking device. Mayor Grant commented that we would not want to have someone spend tens of thousands of dollars on commercial kitchen equipment to create a restaurant and then say no. If we plan for a two to three-year pilot program, we do not want the breweries not to change their brewery to have a commercial kitchen. 22 Page 463 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Commissioner Katz stated that he does not have a problem limiting the scope because he does not believe that is what these two breweries want to do. In consultation with them, you can find out precisely how far they are trying to go, which he knows for a fact is not to open up a restaurant. It is to have a functional kitchen to serve food through the taproom internally to create revenue and profit. So, he does not have a problem ensuring that it does not turn into a 20,000 square foot restaurant in an industrial zone. He does not want to limit them to hot plates because that is not what they are trying to achieve. Mayor Grant inquired if Starbucks or Subway technically have a kitchen. Mr. Rumpf responded that the City regulates them as a restaurant. Therefore, it would only be electrical or building codes that would come into play, not zoning. Mayor Grant stated that the big difference is that if we allow for the zoning, it will affect the building codes of the industrial area. He is ok with moving forward. If you say that, it is a five-year pilot program that is up for the next Commission to determine. He would like to limit the scope of the kitchen size to no more than a thousand square feet. A food truck is generally under 100 square feet. Mr. Rumpf stated it depends. There are two classes or sizes of the fund trucks that the City regulates. One is a small cart the second is a large walk-in vehicle. Mayor Grant inquired, what are the two sizes? Mr. Rumpf replied he does not know off the top of his head, and he will provide the numbers to the Commission. Mayor Grant asked Commissioner Katz what kind of motion he would like to see moving forward. Commissioner Katz stated he would amend what has been presented in the matrix to allow, yes, for foodservice in a brewery by definition is in an industrial zone and any language in the Ordinance that would need to come into a chord with that. His preference again is a five-year pilot program. As far as size goes, he would defer to the existing breweries. He does not know whether it is a thousand square feet maximum, like a typical takeout type restaurant. Mayor Grant noted that takeout restaurants have 2500 square feet, so if we can limit that as the space, that is something that he would be comfortable with that. Commissioner Katz stated he agrees. Vice Mayor Hay asked for clarification on the size. Would it be one thousand feet? Commissioner Katz responded that it as per the definition of the takeout food at the Mayor just cited 2500. He understands staff has some angst about this. City Attorney Cherof stated the type of amendment you are suggesting is beyond the scope of this Ordinance. He would recommend that the Commission adopts this Ordinance and direct staff to bring back another ordinance that expands the type of use 23 Page 464 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 you are referring to, which is essentially restaurant use, foodservice use. He does not think because of the way we structure this Ordinance. If you look at its title, you can take this Ordinance as far as you want to go tonight. Commissioner Katz stated he would move to amend the language to allow a commercial component in the brewery and then subject to a subsequent ordinance, which would define the scope. Mayor Grant inquired if we would be allowed within the scope to say that a brewery and a micro-brewery are considered the same. So micro-brewery and brewery can be used interchangeably? City Attorney Cherof stated this would be a significant overhaul of the Ordinance. So, you are essentially trying to start over through amendment, which is not a good practice. Amanda Radigan, Principal Planner, suggested that if there are no concerns with the components of this specific amendment, we could adopt this and bring back a specific pilot program altering the definition and allowing food service. We can set some parameters within the pilot program. There is the ability to do both if we approve this. She does not think there are any discrepancies between what we are allowing here as a takeout restaurant and providing a pilot program for the inside of what we are calling breweries. However, there are significant differences between production between breweries and micro-breweries. Therefore, those definitions would have to be revisited and the entire scheme reviewed. Commissioner Katz commented that he would not be in favor of disregarding everything. However, he said in passing this Ordinance subject to a hypothetical pilot program that could only come to be when he does exist up here anymore. Mayor Grant stated the situation is that the micro-brewery micro-winery micro-distillery is allowed in commercial and mixed-use zoning, which allows for food service. A brewery, winery, and distillery are allowed in M1. If a brewery is considered a micro-brewery because they produce under 9000 barrels, could they change their designation from a brewery to a micro-brewery? If we expand the conditional use of microbreweries into industrial areas. Ms. Radigan stated to make micro-breweries conditional within MU 1 if they meet the micro-brewery definition. Commissioner Katz commented that would essentially put the conditions of a micro- brewery into the industrial zone for breweries. Mayor Grant inquired if that could be the pilot program. 24 Page 465 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Ms. Radigan stated that we would still have some further site regulations in the MU1 district because these were modeled over best practices throughout Florida. Many of the breweries that we see serving food are within redevelopment areas or what we have community business areas. They are commercially zoned for industrial areas and are transitioning to commercial, which is why it is outlined that way in our proposal. She thinks it is possible to put some limitations on quantity production, which is the difference between micro and our regular distilleries or regular breweries. And some limits on-site impact is going to be the most significant variable. How many people are coming into what is acting as a restaurant in our commercial district? If it is timing, if this happens after the industrial workforce is not using the parking area and parking areas could be recycled throughout the day, I mean, I think that there is a solution, and I think it needs all that more. Mayor Grant inquired whether we can allow this amendment for micro-breweries, micro- wineries, micro-distilleries, and an M1 or PID within the scope. Ms. Radigan commented that it is for the attorney. She thinks we could, but I think there would still be another layer of regulations that would need to come back. Mayor Grant stated that if we can approve that subject to a five-year pilot program, subject to further regulations, that would allow, I believe, Commissioner Katz to have something finalized to qualify for food service within the industrialized areas. Ms. Radigan reiterated that micro-brewery would be conditional use within MU1. So that would be the change. Motion Commissioner Katz moved to amend the conditional use of microbreweries, micro- wineries, and micro-distilleries into an M1 conditional use zoning. Commissioner Penserga seconded the motion. The motion passed unanimously. Ernest Mignoli, 710 NE 10th Street, stated that the Development department is destroying the City, allowing for beer, hots dogs, and a massage. On the Commission's last night, they will make it worse. Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, Apartment N102, inquired if the breweries are in an industrial area and just manufacturing beer. She feels that the only sales should be for the product they are making. An industrial area should not include food hours. Commissioner Katz stated that the breweries are not just producing beer for distribution. Over a decade ago, Boynton Beach wrote an ordinance to allow a taproom for the sale and consumption of beer. During that decade, they operated food services external to the 25 Page 466 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 property in the form of food trucks every single day. In addition, they produce and sell retail out of their front room where people can drink. Vote City Clerk Gibson called the roll. The vote was 5-0. B. Proposed Ordinance No. 22-007 - Second Reading - Approving WXEL request for Future Land Use Map Amendment from Recreation (R) to Office Commercial (OC), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. City Attorney Cherof read Proposed Ordinance No. 22-007 on Second Reading by title only. Motion Commissioner Penserga moved to approve Proposed Ordinance No. 22-007 on Second reading. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. Proposed Ordinance No. 22-008 - Second Reading - Approving WXEL request for Rezoning from Recreation (REC) to Office Professional (C-1), property located at 3401 South Congress Avenue. Applicant: Gene H. Talley, South Florida PBS Inc. City Attorney Cherof read Proposed Ordinance No. 22-008 on Second Reading by title only. Motion Commissioner Penserga moved to approve Proposed Ordinance No. 22-008 on Second Reading. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. C. Proposed Ordinance No. 22-009 - Second Reading - Approving amendments to the LAND DEVELOPMENT REGULATIONS, Chapter 2, Article II, Section 2. Standard Applications to revise review criteria for future land use map amendments and rezonings. Motion 26 Page 467 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Commissioner Penserga moved to approve Proposed Ordinance No. 22-008 on Second Reading. Vice Mayor Hay seconded the motion. Vote City Clerk Gibson called the roll. The vote was 5-0. D. Approve request for a Height Exception (HTEX 22-001) for 1320 S. Federal Highway to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" abovethe maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. Tabled from the February 15,2022 City Commission Meeting. Motion Vice Mayor Hay moved to remove item from the table. Commissioner Katz seconded the motion. The motion passed unanimously. E. Approve request for New Major Site Plan (NWSP 22-002) for the 1320 S. Federal Highway project to allow construction of a 10,898 square foot commercial structure and associated site improvements, on a 0.51-acre parcel, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district. Applicant: Ty Eriks, MH Jackson Holdings, LLC. Approve request for Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway toamend the previously approved master plan to be consistent with the proposed revisions to the concurrent New Major Site Plan Application, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district. Applicant: Ty Eriks,MH Jackson Holdings, LLC. City Attorney Cherof requested that if you have special qualifications to testify, a planner, architect, engineer, or some other professional background you think is essential to your testimony, please let the Commission know who you are and in what capacity you're speaking. If you are here in a representative capacity, make sure to identify who you are representing. If additional documents are to be made part of the record, those documents must be identified and copies left with the City Clerk. Just a word of caution concerning items of this nature in the future to anybody who sent one of these communications creates a very significant challenge to the record in a quasi-judicial proceeding. Therefore, it would be best to hold your comments and testimony to the meetings. 27 Page 468 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Bradley Miller, Urban Design Studio, 1320 South Federal Highway, gave a presentation on the project. Mayor Grant Inquired about parallel parking on Riviera Drive. If the staff deems it necessary additional parking would be provided. Would your client agree to this? Mr. Miller replied that he has spoken with Andrew Mack, Assistant City Manager, about that, and yes, it is something they would consider. Mayor Grant stated he thinks that parking is the primary concern of the neighbors. He would like to see the rooftop patio available to patrons of the businesses located in the building. Mr. Miller stated that the rooftop patio access is in control of the property owner and tenants in the building. It is not open to the public scenario. Commissioner Penserga inquired about the bond. Andrew Mack, Assistant City Manager Public Services, the bond was to give time to the project completion. Then, if the three additional spots were needed for parking, they could be built. Mr. Miller commented that the process would be an engineering cost estimate of the cost of the three spots plus 10%. Therefore 110% of the cost would be bonded and held by the City. If additional locations are needed in the future, the City can pull the bond and have those spaces built. The three spaces will be located on the south side of Riviera Drive. He feels that a restaurant space would be complimentary to the office space on the second floor; otherwise, the space would be retail. Dave Glickman, Markarian Group, stated we are attorneys and they represent Thomas Ward and Candice Killian who oppose the project. They specifically oppose the on-street parking. They also oppose the expansion of the use of the building. It was originally professional and medical it has been expanded to include retail. This new proposal fails to honor prior concessions that were agreed upon between the developer and the residents. At the meeting on February 15th there were eight concessions that were agreed to by the developer based on residents' concerns. While this newest site plan and proposal eliminates a few parking spaces, the proposal also scraps more than half of what was agreed upon concessions. The development plan now up for consideration differs from what was presented to you at the last meeting. It goes far beyond just removing three on-street parking spaces. This new plan expands use to professional and miscellaneous retail. That expansion brings a whole new host of concerns for the community residents. Please keep in mind that it is our understanding that the applicant was already given favorable treatment to reduce the number of parking spaces required. But more significant problems 28 Page 469 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 remain in the Community size. Riviera Drive, as you know, is a residential street. It leads to a dead-end Cull de sac. It is already challenging for cars to maneuver in and out, given the number of ingress and egress points off Riviera Drive. Without the additional traffic congestion concerns raised by approval of this proposed development. So, that road Riviera Drive is the single funnel. Permitting this expanded use plan and accompanying on-street parking will only exacerbate the current congestion and safety issues, which is one of the primary concerns of the residents that live off that street. It is a tiny, tight area. The roadway in several places is no wider than 18 feet currently, and several blind spots already exist. This expanded use in this new plan gives rise to the possibility of food service from restaurants, bars, other retail uses, which would be implemented beyond the regular daytime hours that were previously considered. The community is concerned that that type of operation will irreparably alter the character of the neighborhood. We are also worried that specific code provisions contain conditions relating to on-street parking that count toward a minimum number of required parking areas on the front of the parcel. The front of the property is on Federal Highway, not on Riviera Drive. We are concerned that it does not meet the code provision because the proposed parallel parking is not on the front of the site. We understand that these would not be reserved spots for businesses on that parcel. It is illogical to permit parallel parking not reserved for companies that operate in that building. Again, the residents do not oppose the development carte blanche. They oppose the adverse effects of this on- street parking required by this proposal. We appreciate your time and consideration. On behalf of the residents, we urge you to vote no on this current development plan so that the residents and the developer can go back to the drawing board and work on a reasonable accommodation together. Mayor Grant stated that Riviera Drive has a commercial entrance already. You cannot say something is residential if there is a commercial entrance and exit. The conditions of approval are subject to the Commissioner's permission. They are not necessarily a bargain between the applicant and the residents. In addition, it is to the point where we would not want to limit it to certain hours for customers. The employees are likely to park there because it is much easier for the customers to use the parking spaces. The applicant is using a bond instead of the south parking where it alleviates the concerns of Snug Harbor to give them the five years to build that entrance If they need to. If they do not, then that time expires, and then they also have within those five years. We can, as a city, determine if the City needs more parallel parking are not reserved for that location. Mr. Glickman commented that it is the residents' understanding that on-street parallel parking is non-existent within City limits; this would be a new thing. Mayor Grant stated that Boynton Beach Boulevard extension has parallel parking east of Federal Highway. In addition, ocean Avenue has parallel parking. Mr. Glickman commented in regards to the bond, several of the residents that 29 Page 470 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 we represent notified us that they were hearing this for the first time this evening. Very interesting idea to some of the residents. They would love to consider all on-street parking instead of only three out of the 13 proposed. It is something that they would like to consider further with the applicant. Cary Snyder, Riviera Drive, we agreed on February 10th. The site plan presented last week, uses for the building would be medical, dental, and business professional with no retail. The list of prohibited uses that I submitted did include no restaurants and no takeout restaurants. We do not want night hours also agreed to on February 10th. When presented last week, the hours would be 8 a.m. to 7 p.m. for all uses within the building. We want to get those reinstated as they were previously. There are concerns about the night hours, noise, traffic, and so forth because you cannot predict when the restaurant will be open. We want the dentist to have this building. We want to work this out. Unfortunately, the building is too large for the half-acre lot. It probably needed a whole acre, and hopefully, we can work something out with the parking issue, which is encouraging to hear about this potential bond. I may have a question about that. We want to reinstate that the use of the building is medical, dental, and business professional only. That was a concise and straightforward way to address our concerns about evening hours and reinstate that the 8 a.m. to 7 p.m. is for all building users. If you go to the next page in your packet, she could not help herself. She went into the code again, and she had heard last week that they decided to take out the 402 square feet in the stairwell. She ran some computations, and for professional businesses, it is one parking space per 300 square feet. Was indicated previously, the first two floors would probably be business professionals. She came up with just under 22 spaces, and then for the top floor, it would be 19.52 for a total of 41 spaces. That is one less. If you flip the page, there is a little diagram submitted in 2018. It is a contingency plan on parking where on the north side, they have 18 spots, and on the south side, they have 11, with seven parallel in the middle. So that would bring one up to 36 spaces on-site. She does not know if the motorcycle can go in there or not, but if so, that is 37. Then she has another little creative proposal. If you will keep looking at the diagram in the north-east corner. Maybe staff can look at that and see if there warrants further consideration. That would take you up to 39, and then perhaps two spaces could be awarded through a variance or some other type of contingency that is allowable through code. We do not want the nighttime business hours because we do not want the traffic noise and disruptions. We want it to be office only,just like Colonial center. Tonight, you will be making a significant decision that will affect over 500 people's current lives and many more. Once the building is built, it will be there forever. We want to get this right the first time. May she ask a question about the bond? If this route is pursued, how will that be memorialized? Is it a condition of site plan approval? How would that be reflected? Her concern is that the plan that is being presented is from four years ago, and it has 1920 square feet for retail. We are voting on a prior plan that does not reflect what is happening now. She wonders where it would be presented or memorialized in the documentation. Mr. Mack replied that any improvements that the developer must make in the right of way would require a bond. The City is going to retain that bond until those 30 Page 471 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 improvements are made. The City would not release that bond until all the improvements were constructed. The City would hold back the portion for those three spaces, giving Snug Harbor time to decide if they could develop a plan that would allow for entrance. It is part of the Code requirement in the City's Land Development Regulations. Ms. Snyder commented that would not be a condition of site plan approval, per se. However, she hopes that the staff can look at what I presented. She is not a planner, but she does know there was a contingency plan with 18 on the north side, 11 on the south side, and seven in the middle. So, if a variance can be considered for the height exception, it might be the mechanism that could provide relief on the parking, and then if five years down the road, they need more spaces than the City, can bring it up at that time. Gennaro Lobosco, 650 Snug Harbor Drive, commented that his biggest concern is the potential of aiding Snug Harbor. There are 194 units in Snug Harbor. 100% of the units have a car. Most residents go out once and come back during the typical day, if not many times, which means 400 vehicles a day, go in and out the Snug Harbor driveway. He does not have an objection to three parking spaces on the south side. He has a complaint about where they presently are and where should we put our gate? If we put our gate where the parking spaces are currently located that we should relocate where the parking spaces should be relocated, west of our driveway. Since we are the predominant traffic in and out of Riviera Drive, putting parking spaces closer to Federal Highway would obstruct the view of anybody coming out of Snug Harbor. If three parking spaces are mandated, they need to be east of the entrance we can put in. The current drawing is where we would put our driveway in if we were to do it. Even though we own property further east to where the existing parking spaces are indicated, these are property lines that you see on the right-hand side. If we were to do something in that area, we would be running right into the back of our office in one unit. We cannot put our driveway there because there is a building that does not show on your map. The square thing blocks it out on the bottom on the right-hand side. The plan that he has seen indicates that we need to have the latitude, if we do this, to go either east or west, with the parking spaces, which is safer for 400 plus cars going out of one driveway every day. Mr. Mack stated that typically when you are building a gated entry, you need to have 150 feet from the gate to the right away line. So therefore, for proper stacking, a minimum of 70 feet desirable is 150 feet. Mayor Grant commented that his concern is that Riviera Drive slopes to the north-east, which means that it would be easier to look to the south-west. Mr. Lobosco agreed that if the driveway goes in their current parking spaces, we would be. However, when you are looking to the west, still, you would be looking at parked cars just had to relocate those parking spaces to the left. 31 Page 472 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Mary Kelly, 642 Riviera Drive, reviewed a packet that she handed out the Commission. The packet contained pictures that showed what Snug Harbor would like after the 1320 S. Federal Highway project was completed. Linda Wharton, Riviera Drive, noted that she represents the Colonial Center Condominium Association as President. The current developers are offering $2500 to move our existing sign on the revised applicant conditions. Their building will completely obliterate the visibility of our sign that says Colonial Center. On Federal Highway, we paid over $15,000 for that sign over 15 years ago, and they are offering us $2500 to relocate our now invisible sign. She firmly objects to that. There is no way that $2500 would cover that cost, and they are obliterating the only sign that we have on the street. Mayor Grant said there is already a commercial entrance on Riviera Drive. She would consider the back entrance to Colonial Center as a commercial entrance. Our commercial entrance is on Federal Highway. The entrance that comes in off of Riviera Drive is simply for the owners with a parking space in our parking garage. That is not the main entrance. Also, he said that he called Riviera Drive, roadway. It is a residential street. We like the idea that we would have a rooftop bar because we were concerned about the activities that might go into the late hours. They are saying that they would limit that. So, it would not go past seven o'clock. That is great, but we are back to having retail and restaurants again. We already have many empty retail spaces and facilities around our neighborhood that have been open. For instance, the places in now, what used to be Las Ventanas, there is retail that has been open ever since that place opened. Now we are going to have empty retail. There are several restaurants in Las Ventanas. We do not need another one. We feel that if we have a building, you should be able to pack everything in that site plan, or else the site plan needs to be redone because the property being built and considered is way too large for that unit. We have to have the required parking on our street. City Attorney Cherof stated that some comments made earlier about the height will not be on the record because you were not at the microphone. Would you mind repeating those? Mr. Wharton stated that Colonial Center is 30 feet high. I Requested that information from our property manager, and we certify that it is 30 feet high. The one building technically is three stories, but the first story is the parking garage. Which is below the land level, so they two levels that are above. The rest of the property would be considered a first and second level. So, the height of the building is 30 feet. Courtlandt McQuire, 506 Whispering Pines, is the candidate for District three. He spoke on this and the previous meeting and was asked to the Snug Harbor earlier drives meeting to hear their concerns. He would like to mention Is that this is a bedroom community. Many people in Florida do not know that Federal runs very close to the intercostal, particularly in our area. It squashes many bedroom communities into urban environments quickly. It does not make sense. It is an apparent oversight to see a developer include medical and food on a plan. Those do not co-mingle in terms of mixed-use developments. 32 Page 473 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 He agrees with Snug Harbor and Riviera Drive residents that this is a no. He did not even get into the height variants, and what we did with Riverwalk created a monolithic monster, a pyramid that dwarfs the City. We need to stop it now. The Commission should vote it down. Dr. Hayden- Adeyemo stated that she echoes the sentiments of the speakers before her. There is extreme congestion in that area. She would also say no to this. She stands in support of that community. Also, nearby is our preservation building, which is the Women's Club. Events that have been there have struggled to find parking. We have to go across the street. She thinks this is being out of touch if the Commission votes to go ahead with this item tonight. Captain Jeffrey Offberger, 643 Riviera Drive, Merchant Marine Captain Retired. You know that we used to have sober homes on our street. We had issues on our street. We had problems with people coming in and doing deals. We had ambulances come in for DOAs. We had significant difficulties just with that bit of thing. Not so little. When I had my business, we would bring trailers with boats in and out. Almost impossible to turn around in the cul-de-sac. You have other vehicles in people's trailers, doing landscaping in and out. It is a tight road. We do not want to stop the development. But we think that the building and the previously approved plan are too large in themselves. It would make more sense to go back. He does not want mister Eric to have to go ahead and spend more money, but it should be redesigned so that everything can fit on site. He understands the process; he understands many of these other things. He understands that you think it is okay to put some parking on the street. During his nine years living here almost had accidents on his motorcycle. He has had problems with people hitting the boat. He has already had things sideswipe parked on the street. He wishes that you would reconsider this part of it. Also, the eight provisions need to be considered in perpetuity. Suppose this nice doctor decides to sell his building. We do not want somebody coming in after the fact and being able to put head shop, a CBD shop, a restaurant, or other things that would go ahead and ruin our nice, tight, quiet neighborhood. We now have a wonderful community since everything else that was negative has been removed now. We want the Commission to reconsider this. He understands that Doctor Eriks has got some time considerations for financing. He knows because he has sat on a Commission in New Jersey, I was on counsel. You cannot turn around at the end of the street. With a multi-jointed firetruck, it cannot be done easily. It is at least a six-point turn. That cul-de-sac has already been re-engineered twice to be smaller. So that is a concern also flooding. Nobody has mentioned it, but our street floods consistently with rain. Now, this site is already a percolating site. He understands from Mr. Miller that it is supposed to be able to handle all of its rainfall. He wants to make sure that this provision is made sure that it happens because all of us get flooded out all the time already. Thank you very much for your time. Thomas Turkin, 132 SW 2nd Avenue, thanked the Commissioners leaving for being public servants. You have heard the residents share their concerns over the last couple of weeks. Your decision tonight will affect many lives. He believes that everything is 33 Page 474 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 negotiable, and there is always a mutual resolution. You have to look at 300 people are asking you guys to deny this. Doctor Eriks is a good man from what I hear from the residents. But sometimes, in business transactions, we can make decisions that may not be the most beneficial. You need to look at this as if you live there, if this was your home, whether Riviera Drive has a commercial entrance or not. He has driven through there, seeing how tight it is. What would you want at the end of your street if this was your home? Maybe this can go back to the drawing table. Tom Ward, 650 Riviera Drive, thanked the Commission for tabling the item at the last meeting. He does not know why this plan is up for development and brought forward when the minimum required parking cannot be contained on site. He understands that you cannot take those spaces and make them only for the site; they become for anybody's use, walking across the street to a restaurant, whatever they want. He is not an expert, but he thinks comparing Boynton Beach Boulevard to Riviera Drive is a bit of a stretch. He does not know the difference between a roadway and a residential street, but Riviera Drive is a residential street, not a roadway. If the road is expanded to 22 feet, it does not matter when you park a seven-foot-wide pickup truck there. It now inhabits that space to a narrow road. He thinks it does need a redesign, and that does put an encumbrance on Doctor Eriks. Why should the neighborhood have to pay the price for a building? Ted Kosan Snug Harbor Drive, Mayor, members of the Commission, you have seen all the evidence against approving this project. Now you have to take a vote. Will you vote for the commercial interests of developers? To destroy the residential aspects of our neighborhood by putting all that parking in where they can shrink the footprint of the building they want to put up. You are destroying the residential feel and look of Boynton Beach. I hope you make the right choice for the people who voted for you. Candy Killian, 642 Riviera Drive, stated that at the last Commission meeting on the 15th, this issue was tabled and the commissioners. The Commission told them to go back and try to rework the parking. It was to go back to have the parking corrected. So, when it came back out on February 25th, the revised plan by Mr. Miller eliminated three parking spaces. Now they renege on the conditions that were already approved. We had eight conditions of approval that the developer had agreed to, and it was going to be medical and other business professional. For us to get rid of three parking spaces, now they come back with retail slash restaurant, food service. You reneged on the restrictive hours from 8 to 7, Monday through Saturday. Nothing on Sunday. These hours will have people on our street at night. We do not want people on our road. Do you want people on your street at night that do not belong on your street? She has lived there for 34 years, and she raised her five children there. She is not objecting to the development, but the site must be self- contained. Those pictures show you what it is going to look like. If you have to park on the north side, you will have to come down that road, turnaround. Everybody can say they will go into the project and turn around. No, they are not. Common sense will tell you that they are going to follow the curve of the road. When you look at the pictures that we gave you, we tried to show you how close you will have five access points on that little road. 34 Page 475 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Three hundred eighty-eight trips per day are what that traffic study said. Do you want that on your street? She is asking again to deny this project the way it is presented. The eight conditions that were approved have to stand. The parking has to come off of the road. Susan Oyer, 140 SE 27th Way, stated that she thinks that Mr. Miller has done a great job of giving the City a beautiful project. It is just too big, and it needs to shrink. She is not objecting to the height exemption. The City needs to listen to its residents. The Boynton Beach Boulevard Extension is not a comparable property to look at when we are trying to compare Riviera Drive to the rest of the City. If you are going to build it, you need to be able to park it. If you cannot park it, you need to make it smaller. It is a beautiful project, and she does not think anyone's denying that Mr. Miller has done a fabulous job of reworking and making it better. She thinks the doctor has unique ideas coming forward for the art projects. She believes it is too big. It needs to shrink. There's been no discussion of the number of employees. You seriously have ten off-street parking and ten on-street parking spaces. You are only going to have ten employees in three stories. No, you will have tons of employees. Where the heck are you going to put all these people? Nobody has been addressing that. You will have many employees, and where are you parking them. She thinks the Commission should table it or deny it, tell them to fix it and bring it back. The residents live here the developers do not. At what point are you going to listen to the residents. They put you here so that you would listen to them, and they are repeatedly saying that they do not have a problem with the project. They have a problem with the size of the parking, so please address that. They are looking to make it what was agreed upon, and they are looking to make it the right size for that space, and they are asking you not to spot zone, which is precisely what you are doing. You are not supposed to do that. We all know that. We do not need yet another restaurant. There are plenty of restaurants across the street. These are the residents, and these are the taxpayers. These are high-value homes. You are getting a lot of tax dollars out of these people. You are disrespecting them. Please do the right thing by the residents and stop listening to the people who donated to your campaigns, whether they are past, current, or future. It is time to listen to your residents and do the right thing in your last meeting. Shirley Casa, 650 Snug Harbor Drive, stated that we are here tonight to vote on the height variants, and if we decline the height variants, the project has to go back to the table. Kathleen Henderson, 654 Riviera Drive, stated that she lives on the cul-da-sac on the intercostal, and we have had many problems. She came from a deep-water lot in Boca Raton. Every one of the streets exited onto Federal Highway, and there were businesses on every corner. However, they did not affect our lives because each one had parking. If you know north-east Boca Raton, you will know there are several waterfront streets, and all of them have businesses, restaurants, retail. Nobody hears anything. Nobody sees anything. Parking is self-contained, but this street was tranquil. It is getting worse. She hopes she can stay in Boynton. 35 Page 476 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Rick Seymour, 631 Riviera Drive, commented that we had lived as good neighbors with Colonial Office Park for many years because it is a professional business. They shut down on the weekend. Our neighborhood is not burdened at all, and it is an excellent fit for Federal Highway's presence at the beginning of our street. As Ms. Morton mentioned, that access point on the backside of their property is primarily for those tenants that park in the underground parking garage. Their main entrance is off Federal Highway for their guests or customers or whatever the case may be and probably other employees. That in itself lends to what we are asking for here, is that we want a lovely, quiet, professional office complex that allows for it to be shut down on weekends. The exact terms that we agreed to two weeks ago. Those were very important to keep it quiet and make it. Because let's face it, we are working stiffs during the week. We come home on the weekend, and we want peace and quiet. So, it is essential to go back to those restrictions. Get the place shut down at night, shut down on weekends. What is your economics of eliminating some square footage that gets all that space back on the site? Is it going to break the deal? We do not know. The issue is that it is too big for the size in square footage of the parcel, which is causing the parking to be off-site. That parking off-site will be uncontrollable number one as to who uses it how it is being used. The last thing you need to do is burden your police officers with policing some parking. How many people here know how to parallel park? Can you imagine you will have ten of these spots coming out on the Federal Highway and people coming in off of Federal Highway? He does not know if anybody has ever thought about what will happen the first time somebody gets hurt? Where is this Commission going to be then? You may not be here, but it will be on your head. You made a decision, possibly that was not in the safety of your residents. That is what every residence is concerned about is safety and peace of mind. So, Doc, if you can, suck it up, make a little less money. You will get it back in the long term because property values are increasing. Just be a good neighbor. Barbara Burrus, 638 Snug Harbor Drive, inquired if there is anything that would prevent a future building owner from using that rooftop as a bar or a restaurant or anything of that nature? Again, we are trying to fit a square peg into a round hole. She understands that perhaps the dentist purchased this property, thinking that this project had previously been approved. But the fact is that whatever happened in the past expired, and it sounds like he may have a case against the person he purchased the property from if he was sold something that does not exist. But I would have to agree to deny this plan at this point. Mayor Grant stated that he is concerned about the hours of use changing from Monday thru Friday to Monday thru Saturday. Mr. Miller stated in response to Mrs. Oyer's spot zoning, we are not rezoning. The zoning is set. The uses are permitted by right. The discussions and the conditions that we offered. They were voluntary in trying to address many of these concerns from the residents. The fact of the matter is that there could be a different design. There could be another use. It could go back to an I HOP with commercial traffic on it as a site plan application, that if it meets the code, it 36 Page 477 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 meets the code. We are trying to work with what we can. The parking situation is a tough one. It is one where to have it parking on-site, and all contained on- site, which is a typical situation typical development. However, it is being encouraged in your code, and the staff wants the parking. So, we are in this component of providing that parking, utilize that parking. We have addressed the direction that it was. Commissioner Penserga, who made the motion to try to look at trying to reduce the number of spaces on the Southside of Riviera., He is not throwing staff under the bus, but staff said, if I went to an office retail component, you can use a different rate and reduce it. We presented to you two weeks ago a plan that complied. We are proposing to you another plan tonight. That complies, and we are stuck in the middle of which way you want it? He thinks a lot of what was present was inaccurate. Street or roadway, the technical term, is a local street. A local street has 22 feet of pavement. When you put the parallel spaces onto the side of that, that is a typical pavement width of a local street within the City of Boynton Beach and many other places. It provides adequate space for emergency vehicles and regular vehicles to go through. We need to get to that standard of that roadway. It is a tough decision. It is a local street, this serves residential, and it also serves commercial properties. Colonial Center, whether it is a backway or the main driveway, goes to a commercial property. Our property, we have gone to Department of Transportation (DOT). DOT says no way. You have about 100 feet of frontage on Federal Highway; you are not getting a driveway on Federal Highway. Our access is Riviera. It has historically been a commercial parcel. Honestly, two weeks ago, he felt we had a very compromise situation and a proposal that we were asked to go back and relook at it and some regards it and kicked again for our, for doing that. Mayor Grant inquired about the difference in the conditions of approval. Initially, it was operating business for all uses within the building. Then it changed the operating business hours for office uses. Mr. Miller replied we did change it because of the retail component. We do not know who those retailers will be in further restricts. The future tenant mix, when it is a retail situation. Mayor Grant commented that the issue then becomes is that it could be 2:30 If there is no condition of approval, because what if it is a restaurant? He agrees with the residents they want it to be a daytime facility similar to 1-hop, where they are not open 24 hours. Mr. Miller stated he was not sure if the code had a restriction on the hours. Mayor Grant asked if the applicant willing to go with the first condition? That it is 8 a.m. to 7 p.m. Mr. Miller replied the change was made for office use. However, for the ground level of retail, it is hard to judge what those will be. 37 Page 478 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Mayor Grant believes that the community wants to time certain as part of the conditions of approval. We need that answer today. What is the time specified that the business, all businesses will stop operating? Mr. Bradley replied at nine o'clock. Mayor Grant inquired about the Colonial Center sign, the developer would pay the cost to move, and now it is paying the fee of $2500. Mr. Miller commented that $15,000 for that sign initially seemed astonishingly high. We did change that, and I recognized that we changed those two conditions once I sat down. Just because it was so open-ended, we decided to put a number to it. We were on the spot and negotiated for hours on dollar amounts. Quite frankly, we would not have to do anything. Mayor Grant requested that the $2500 be changed to $5000 for the sign. He feels that that is fair than the same as the Riviera that does not have the sign. Mayor Grant feels that a commercial office building to benefit the City is definitely a positive, and I think all the residents agree with that. Their main concern is that the design approved in 2018 is a different timeline than what it is now. The costs associated with shrinking the building is probably six figures or more, which is there is a reason why it was vacant for so long. He is okay with having the parallel parking because it is technically on the applicant's property. It is just not on Snug Harbor's right of way. Because of the three parking spaces, your client said that he is amenable to the bond option if needed or can be in conjunction with Snug Harbor moving their entrance to allow for a gate. So those are the four different conditions that he has. The 4000 square feet lot is at the corner of Federal and Woolbright nobody wants to take the chance to develop that. As we saw with other restaurants, anytime you operate a business, there is a chance of failure. He understands the residents' concern that there is a fear of the unknown. Even if we approve the site plan, it does not mean that the building will get built. Now that he has approval, how much is it going to cost? What is he going to risk? Because it is, most of the time, developers need to put up their own money because it is for developers. Not just the value of the land. He thanked Doctor Eriks for taking the opportunity and taking risks to open up a business in Boynton Beach and be a part of the community. We understand that it is negotiation and compromise. On behalf of the residents, we have a time-specific close of businesses, and we have money available for the signs. Snug Harbor has the ability within the five years to get their entranceway, which has been on the topic for more than five years, is what I was in forums. Vice Mayor Hay stated that this project does meet the code. However, he does not understand why the staff wants parallel parking. He would like for them to address that. Most importantly, why could we make not only a height variance 38 Page 479 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 but also a spaces variance. Mike Rumpf, Planning Zoning Administrator, height exception is that it is not a variance, per se. The code differentiates between those two processes with different types of criteria. It is not a variance are very. When you use the variance term, it is based upon traditional hardship criteria. Something unique to the property prevents a given project from being reviewed equally as if it were somewhere else. It is a factor, somebody created by design, besides it, as we have talked about, getting to the parking idea. This project was reviewed against our parking regulations, based on square footage and some reduction criteria. The project has already been reduced based on the requirements we have in the code now. The code indicated before does allow extended street parking. To grant a variance to eliminate parking from the street, based upon our current ratios. If we believe the ratios are wrong, we should be looking at them, but these are citywide. Some of those reduction provisions are in place, particularly within the redevelopment area. Mr. Rumpf stated that it would not pass the variance test under traditional criteria. However, it may undoubtedly be spaces that the project needs to be based upon our ratios and our analysis. Vice Mayor Hay commented that maybe we need to go back and look at that ratio and deal with this because it is current. Mayor Grant stated that the height exception is not a variance. It is allowed in the code. He understands the concern for parallel parking because, as the residents expressed, there are more accidents if there are more cars. The effect of it versus the economic benefit for the City because it is not just one neighborhood that we consider. We have to look at the whole aspect of the City, and the one number that I learned throughout the years is that every $100,000 job the City has supports six different employees in that City. We are trying to make sure that we are that fully functioning City. Parallel parking is not required as a condition of approval. Mr. Miller added to what Mike said, the reduction that the provisions of the code that have been applied here to reduce the parking, specifically say you can't use multiple ways to facilitate parking. So, it is either one or the other either reducing it through the code as it is outlined now, which is what we have done versus going through a variance process, which is, there are seven criteria. He has dealt with the City Attorney for many years, knowing his opinion. It is difficult to get a variance approved when you have, in this case, an undeveloped piece of land. At the same time, the parking reduction that we have applied, which is allowed by code, is the better way to go. So, doing both, I do not think your code allows it is either one or the other. If I am wrong, please correct me. 39 Page 480 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Commissioner Romulus stated that she had heard the concerns of the residents. She is prepared to vote if the other members of the Commission are ready to proceed. Motion Vice Mayor Hay moved to approve Height Exception (HTEX 22-001). Commissioner Penserga seconded the motion. Motion passed three to two. Motion Commissioner Katz moved to approve Master Plan Modification (MPMD 22- 004). Vice Mayor Hay seconded the motion. Motion passed three to two. Mr. Miller stated that they agree with the modifications to our proposed conditions. It is changing the amount for the Colonial Center sign. I would defer to staff the requirement for the bonding because improvements within the roadway itself are required to be bonded. Commissioner Katz stated that due to the recommendation of the board to ask staff to review the parking scenarios, the plan before us is subject to tonight's conditions because the previous conditions were the previous plan, which included all the parking that was permissible on the roadway. Mr. Miller stated that is correct. The conditions were adjusted to adapt to this new plan based on the office-retail complex. So, they would need to tie in with the conditions. Motion Commissioner Katz moved to approve the New Major Site Plan (NWSP 22-002) with conditions of approval Vice Mayor Hay seconded the motion. Motion passed three to two. Mayor Grant recessed he meeting at 10:54 p.m. Mayor Grant reconvened the meeting at 11:0 p.m. City Attorney Cherof asked those who are planning on speaking on this item to please stand and affirm the testimony you are about to give will be the truth, the whole truth and nothing but the truth. Bonnie Miskel, on behalf of the Petitioner and the property owners, gave a presentation on the project. The legacy project was approved a few years back; it was for the same height and density. There is an invalid site plan for the same amount of development on this site. But we wish to make the following modifications. So, the request is a major 40 Page 481 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 masterplan modification and master site plan modification; to allow improvements by modifying the unit mix for the development's residential component. By increasing the commercial component of the development to 13,110 square feet, there was interest in having more commercial space during the prior approval. This plan does provide that. This proposal increases usable open space by more than 38%, going from the minimum in the old plan of 2% to over 40% on this plan, which is unique for an urban multi-family mixed-use project. We have reconfigured the site plan to insulate the parking garage. We also ensure that no viewsheds to the garage from the adjacent roadways are present. In the old plan, relief was previously sought from Part Three, Chapter Four, Article Three, Section Six to provide alternative design elements and facade treatments to shield in 78.5 feet. That portion of the parking garage facade is not rafted by habitable floor area, and that portion runs along SE First Avenue. Watermain upgrades will be done on US 1 from Ocean Avenue to Second Avenue. Watermain upgrades on Second Avenue, from US 1 East to Sixth Street, water main upgrades on Sixth Street from Second Avenue to Ocean Avenue, water main upgrades on First Avenue between US 1 and Sixth Street. Then we can get into some sanitary sewer upgrades, sanitary sewer aligning, improvements, existing eight-inch mains from utility holes adjacent to the site, East Sixth Street, and existing 24-inch pipe along Sixth Street. And then we also can add to those stormwater improvements along US. one and Second Avenue to serve the new, expansive sidewalks, pedestrian zones. The relief we are asking is for the parking structure portion. The initial plan had the garage section at the end of SE First Avenue so that everyone driving westbound on SE First Avenue would see the garage structure. This area is tucked away on the north side with very little exposure to any other right of way. So, it is hidden, and that was one of what we believe to be a benefit related to the relief we are requesting. Mayor Grant inquired if there would be an entrance on SE Second Avenue. Ms. Miskel replied that the entrance is still there with another entrance on SE First. Mayor Grant asked if there was a driveway from Ocean Avenue to SE First. Ms. Miskel stated that the roadway connection from Ocean is further east and continues onto Second. Ms. Oyer commented that this is a tremendous improvement from the previous site plan. She disagrees with the height because this is eight stories across the street from one- story, single-family homes and a handful of two-story privately-owned apartment buildings on this street. She thinks that it is not compatible in any way, shape, or form to get from one end two stories to eight. Her other objection is that this is putting more apartments in a grossly oversaturated city and not enough offices. She would not argue if there were offices and businesses here because we need those. It is less intensive use upon the City infrastructure. Owning a single-family home in this City, you have water restrictions. The apartments buildings do not. So, the single-family homes in this City are taking the brunt of the water supply problem. That is an issue because, in these 41 Page 482 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 apartments, people will be using washers or washing machines, dishwashers, showers. They are going to be using them constantly because they live there. That is a lot of water usage in a city that does not have water. She knows that because you restrict my watering days as a single-family homeowner. All the local neighborhoods have this restriction, and we are unhappy about it. Another issue, of course, is the sewer problem. She finally got inspired to post the video I have of the sewage bubbling up from under 500 Ocean on Facebook during the Planning and Development meeting. No one believes that there is sewage bubbling up. Just like they do not think their sewage is bubbling up in Chapel Hill. The City infrastructure cannot handle that even with the watermain upgrades. We are putting more apartments in the City that we do not need. We need businesses; we need jobs. We do not need more apartments. If these were condos, she would reconsider because we desperately need more owner-occupied. Mayor Grant inquired about the City's water restrictions. Assistant City Manager Mack commented that the South Florida Water Management water restrictions are for landscaping only. In addition, there are restrictions in the Building Code when you are building new, but the City does not implement them. Ms. Oyer stated that she received something in the water bill saying she is no longer allowed to water anytime she wants in her yard. Assistant City Manager Mack replied that she was correct. It is a restriction from South Florida Water Management. Ms. Oyer commented that apartments do not have to follow the restriction, but a single- family home-owner has to follow the restriction. Mayor Grant stated that there is no water use restrictions inside the home. Vanessa Belmonte, Marina Village, commented that we are all aware of what is happening in Florida. Now more than ever, people are flocking to our beautiful backyard. People are coming to buy in because it is affordable. Now we are making the City affordable and overcrowded. The City should not turn into Del Ray. Our residents do not want tourists in Starbucks. We want local culture and community. She is all about growth. I am all about prosperity and forward movement. Yet, the development in our City is being built on greed and financial irresponsibility. Enough so that almost every city commissioner running this election, except for Thomas Turkin, is financially backed by a developer. That is enough to tell you that this building we are in now lacks integrity and dwindling morals, and our town is suffering the consequences. It is obvious that after this meeting, you are pimping out every lot and land to the highest bidder. She has four points that she wants to address regarding Broadstone and the other development that is happening in our City. Number one, small and local businesses. You guys sit here and claim that you will do commercial spaces and have all these great opportunities for retail and local businesses. No one can afford them. Look at the corner of Woolbright and 42 Page 483 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Federal half those places are unoccupied because the rents are too high. She has a consulting agency for small businesses. Everyone is moving home. They cannot afford the rent in Boca, Delray, Boynton Lake Worth. No one can afford it anymore. So maybe we should make them have caps or regulations on the rent. They are charging our local business owners. Are you running any reports on traffic before these buildings go up? I overlook Ocean Avenue every day she sees that Federal Highway is blocked from when the bridge is up. So, when the Ocean Avenue Bridge is up, there is traffic going through Federal Highway. All those cars are blocking Federal Highway and causing mass disruptions. What do you think that is going to do with 237 additional units? Not Including the two other buildings you want to put right on Federal between Ocean Avenue and Boynton Beach Boulevard. Also, regarding traffic and infrastructure, the pathway at the end of Boynton Beach Boulevard. There is a little walkaway where you can walk and see the intercostal. That is closed down because it is sinking. That is what the Army Corps of Engineers is telling people. No one is doing anything about it. So, you guys are sitting here and pushing things like all this but not addressing the main issues. She encourages growth and forward movement, but there is a right way to do this, not at the expense of residents and our local business owners. Just sticking up a bunch of high-rises, stuffing your pockets, and saying you will allocate some of this to lower-income families. It is not cutting it. It is unsustainable, and it is not going to be tolerated. We are watching. We are listening, and we are organizing. We will not let you run over our homes. What are you contributing to the local infrastructure? Is there any discernment when you guys pimp lots and all these empty spaces? How many apartments and vacant retail spaces could you have to see to realize we do not need anymore? Let's put together programs to fill those with local businesses or people who cannot afford to rent right now. Please block high-rises over eight stories, implement controlled or cap rent prices for residents and businesses. Make it mandatory for every developer building over 2000 square feet to be required to contribute to parks and school systems. It is mandatory. That should be happening. It would be best to make it mandatory that infrastructure and traffic surveys be approved and made available to the public before making any decision or approval on new properties. Also, there should be a pedestrian walkway connecting Marina Plaza to the Broadstone Ocean Avenue Plaza. Mayor Grant commented that there is $160,000 that has been required of the developers for parks and recreation. He asked City Manager LaVerriere to look into raising that rate. City Manager LaVerriere commented that raising the fee is done by ordinance it is something the Commission is able to change. Mayor Grant inquired about the walkway that is collapsing at the end of Boynton Beach Boulevard. Assistant City Manager Mack replied that the circle at the end of Boynton Beach Boulevard has some subsiding happening between the Mangroves and the cull-da-sac. There was also an accident where a car went through the area, causing the area to be closed. The Boynton Beach extension project that is currently under design will include 43 Page 484 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 repairing the damage. City Manager LaVerriere noted that the Boynton Beach extension project is funded and actively underway, so it will not take five years to complete it. F. Approve request for Major Master Plan Modification (MPMD 22-002) for Broadstone Boynton Beach to amend the previously approved master plan with the proposed revisions to the concurrentMajor Site Plan Modification Application, located at the northeast corner of SE 2nd Avenue and Federal Highway, extending north to one block south of Ocean Avenue and Federal Highway, extending south to SE 2nd Avenue and east to approximately SE 6th Street, in the Mixed-Use Core (MU-C) zoning district. Applicant: Steven Scaggs, DSS Properties L.C. Motion: Vice Mayor Hay moved to approve the Major Mater Plan Modification (MPMD 22-002). Commissioner Penserga seconded the motion. The motion passed unanimously. Approve request for Major Site Plan Modification (MSPM 22-001) to amend the previously approved site plan with the proposed changes contained herein for the Broadstone Boynton Beach project to allow construction of a mixed-use development consisting of an eight (8)- storybuilding with 274 dwelling units, 13,110 square feet of commercial space, associated recreational amenities, and parking on a 2.76-acre site within the CRA Downtown District. Applicant: StevenScaggs, DSS Properties L.C. Motion: Vice Mayor Hay moved to approve Major Site Plan Modification (MSPM 22-001). Commissioner Penserga seconded the motion. The motion passed unanimously. G. Approve request for a Community Design Appeal (CDPA 22-001) of Chapter 4, Article III, Section 6.F.2.d "Integrated Garages", requiring habitable floor area to wrap all upper levels of theparking structure where the structure has street frontage, in order to disguise the garage's fagadeand maximize design compatibility of the Broadstone Boynton Beach project proposed for 212 S.Federal Highway. Applicant: Steven Scaggs, DSS Properties L.C. Motion: Commissioner Penserga moved to approve request for a Community Design Appeal (CDPA 22-001). Vice Mayor Hay seconded the motion. The motion passed 44 Page 485 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 unanimously. 9. City Manager's Report A. Hear a presentation on the Phase I - Economic Competitive Assessment prepared by Dr. Ned Murray, AICP, Associate Director, Jorge M. Perez Metropolitan Center, Florida International University. Dr. Ned Murray, Associate Director, Jorge M. Perez Metropolitan Center gave a presentation on Phase 1 — Economic Competitive Assessment. Commissioner Katz inquired about an updated status on the mall and the property owners moving forward with their plan. David Scott, Director of Economic Development Strategy, recently heard from the mall. Washington Prime owns them. They now have new leadership. The new administration is being brought up to speed and the City's strategy. They will be sitting down to discuss what the City would like to see at the mall more in-depth. We support mixed-use development. 10. Unfinished Business A. Review procedures for naming a City building (Fire Station 1) following recommendation from the Historic Resources Preservation Board. City Manager LaVerriere stated that the backup attached to the item, she believes that the Historic Resources Preservation Board noted that they do not feel this is under their purview and did not make a recommendation. City Attorney Cherof read the provision of the Code regarding the naming or renaming of a facility. Mayor Grant asked if anyone in the audience was interested in being on an advisory board to review the renaming of Fire Station 1 on behalf of Natasha Clemons. Commissioner Penserga inquired if there was clarification on who the members would be or is it anyone that we pick. City Attorney Cherof replied that the Code does not provide requirements for that group of people. Commissioner Katz stated that the members of the board should be residents of the City since they will be renaming a City building. He understands that it is not a requirement yet he does feel you need to live in the City. Motion: 45 Page 486 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Vice Mayor Hay agreed with Commissioner Katz's request that the board members do live in the city. Vice Mayor Hay moved to approve creating an advisory committee of five individuals Ricky Petty, Pernell Davis, David Katz, Gloria Goolsby and Stanley Davis. To meet in the Sunshine and recommend the renaming of Fire Station 1. Commissioner Katz seconded the motion. The motion passed unanimously. 11. New Business - None 12. Legal A. Presentation of redistricting alternatives by Florida Atlantic University (FAU) and establishment of boundaries for inclusion in Ordinance. James Clark, Senior Instructor, Department of Geosciences at Florida Atlantic University, gave a presentation on redistricting alternatives and establishment of boundaries for inclusion in Ordinance. Mayor Grant inquired about the deviation in 2010. Based on our conversation, he is in favor, of rather than trying to get the deviation as low as possible, keeping the district the same for the next 10 years versus trying to re-arrange it more. Mr. Clark replied that the when they went through this effort 10 years ago, we required significantly more change than we did at this particular case. He knows at the end of the process; the deviation was very low. The deviation for 2010 was 11.1%. Commissioner Katz stated that he agrees with the Mayor's previous statements about the minimalist approach. Only impacting 3000 residents versus 13,000 residents is paramount as the least number of shifts physically as well as population-wise. In reviewing all four options, he supports option one. Vice Mayor Hay stated that option one seems to accomplish all over the thing that you and I talked about he sees no problem with this one. He does have concerns about options three and four. Option two is borderline, but he is leaning towards option one now at this point. Commissioner Penserga commented likewise. Commissioner Romelus stated that she would like to open it up for public comment before moving forward. She wants to hear from her constituents regarding the shift that would occur and if they are okay with it. What would happen if we choose not to do part of these things? 46 Page 487 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Mr. Clark replied that the City Charter describes the idea to strive towards one person, one vote. It is a question of fairness for the voters. If you have a City district that has twice the population of another district, it means that its residents have half the influence over their representative. It is a question of fairness. That is why you find legal cases that are very adamant about getting the population deviation to be as low as it possibly can be. Ronald R. Schultz, Department of Geosciences at Florida Atlantic University, stated that reasonable population equality is the number one reason why people get upset about districts, and the number one reason Legislative organizations can get themselves in a little hot water. Population equality is the number one criterion: spatial compactness, contiguity are important issues, and they should guide your decision-making when deciding on which configuration you wish to go with. To answer the question that was asked previously by the Mayor. Alternative B, which is the one that you are currently living under, those districts resulted in a drop from 11.1% deviation to 1.4%. The previous Commission took a major step towards population equality. Mr. Clark stated he believes Commissioner Romelus is asking what would happen if we stick with the existing districts. Commissioner Romelus clarified her question. She is leaning towards option one. But the issue that she is having is with the shift of the 405. Can we make that choice of not electing that shift and keeping the 405 within District two and living with a slight deviation of the population equity? Would that be allowed? Mr. Clark replied that there are a couple of issues. One if we just deal with the existing districts that are not something as consultants we could support because it is beyond the 10% threshold that we discussed at that 16.9% mark. What you are describing is creating another alternative. I believe we might call it option 1 B, where you did not make that shift. What you will be describing in there is a sacrifice in some population equity, without running the numbers. I would not be to tell you exactly what that number was, if the Commission wants to give us direction to examine that, we certainly could. Commissioner Romelus inquired if we do all of option one minus the shift of District three to District two which is the 405 would it be that significant of a population deviation? Mr. Clark stated that we have some margin for error under option one, where we could expect more population deviation. Without running the numbers, he does not want to promise definitively. Mayor Grant commented that it is the condo association of Casa Costa that is being affected within District one. It creates a bright line for Boynton Beach Boulevard divides District two and District Three, making it easier for people to understand. He does not understand the issue of equality where District Two is currently overrepresented that way we would have equality because District three is underrepresented. He wants to make 47 Page 488 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 sure that the people of District three are equally represented. Mr. Clark stated that District four was underpopulated and District three overpopulated. Mr. Shultz commented that District three is overpopulated in terms of numbers. Mayor Grant asked if you are overpopulated then you are underrepresented Correct? District Four is overrepresented and underpopulated. District two is almost equal with a slightly lower population and over-representation. With option one giving, more to District four. Option three gives some to District Two then we are within the scope of a 10% deviation with a minimalist approach. Commissioner Romelus stated she would like to hear from members of the public regarding this item. But she leaning towards option one minus the shift from District Three to District Two, which would only impact that 405 number. I think that is a small number. Vice Mayor Hay noted one of the major objectives in redistricting was to use major arteries like Ocean Avenue, Congress, and Minor Road. The rationale that he sees here is, this is a straight line, Ocean Avenue straight across. Just keep the line straight like we have the rest of the City on major arteries. Let Boynton Beach Boulevard let it stay major artery just like we have it, for District Three and District Two. Name not given, stated that he does know how you can change the numbers. When 20% of people live here illegally, your numbers do not matter. I could show you 30 people in my neighbor's house. Is that on your deviation chart? Mayor Grant stated that this is the information we got from the Federal Government. Name not given stated he thinks the City hides information from the Federal Government. Mayor Grant replied we did not give them the information people in the City did. Dr. Stephanie Hayden-Adeyemo, 2181 Southwest 15th Avenue N102, stated that she is appalled and shocked at the cavalierness of this topic and the presenter. The City is segregated, you can see that. We all know people do not answer the census. In 2019, the City population was about 79,000, so we have added one thousand individuals over the past couple of years from the last census. We all know that this information that is has been presented is skewed. For us to make a drastic decision with reshaping the City as it is. We have people speaking about who they represent, such as Renaissance Commons. That area has a large population of individuals and people cavalierly picking where they want to go, redrawing the lines, the City for population taking over landmass to, enfold into what we will call 1, 2, 3, or four, etcetera. It just sounds like hogwash to her. This study does not accurately reflect our City, and she would be amiss if anyone goes forward with this at the recommendation of Florida Atlantic University. FAU should not have chosen to do this. They are so adamant about what is in District Two. As in the population, he said it like 50,000 times, Blacks, African Americans, it is inappropriate. 48 Page 489 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Ernest Mignoli, 710 Northeast 7th Street Unit 407 Boynton Beach, I moved in permanently as a voter in 2020. He started to study the City police, the firemen, politics, government, and services. He has been sending complaints to the Palm Beach County elections about the City and how corrupt the election is. How much this City needs after six years of this. Remember if you elect any mayor other than the people that are on this dais, a mayor in a mayor weak City is only one vote. Do not say I do not want that person to be Mayor because they have so much power in this City. The mayor has one vote out of five votes. Anybody running for mayor, except Mr. Penserga, can help the City a lot because City Attorney Cherof reminded Mr. Mignoli that the subject matter is redistricting. Mr. Mignoli commented that he is talking about an area and how you are always corrupting it. The good thing is if you can get a new mayor other than Penserga you will get rid of the City Attorney. Mayor Grant instructed Mr. Mignoli to speak into the microphone. Mr. Mignoli you are not speaking to them, you are supposed to be speaking to me. Mr. Mignoli replied that he does not want to look at him. Now you are telling me where I have to look. Are you going to tell me who has to vote? Mayor Grant repeated you have to speak into the microphone. Mr. Mignoli commented what this dais doing to this election it is not fair. For you to talk about on the last night about redistricting with a Florida University team that is dealing with old information. He said he does not want to say BS, but this whole presentation is BS. Mayor Grant thanked Mr. Mignoli and informed him that his time was up. Gloria Goldstein, 327 Boynton Beach Circle, stated that she was a little offended. By the fact that this gentleman circled District Two as being the Black African American Community. She was also offended by the fact that he did not explain why he did that. It made her feel very uncomfortable. It made her feel sad. She does understand why the Commissioners did not question that. She does not get upset often about things like this, but this upset her and it disturbs her. Then the other question is if they did the same thing 10 years ago, why were they chosen to do it this time? Do you not have a process where you allow agencies to be chosen just as you did with the funding that is going on right now? she would like him to give us an explanation. Mayor Grant stated that the City issued an RFP last year. He believes that three different universities responded to the RFP. FAU provided the City with the best presentation of representation. He understands that she is upset regarding District Two being considered an African American district. Yet that is what is going on in the Country. Recently Palm 49 Page 490 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 Beach County created a Hispanic District. The theory is that by creating minority-majority districts you are giving people who historically have been underrepresented more ability to be represented in the government. The City is still dealing with the after-effects of segregation. He believes that in the nineties a north-south approach was used for districting. Then two decades later districting approach was done by the north-east, north- west, south-west south-east, versus just going 1, 2, 3, 4 down. We are not blaming FAU for the information from the Federal Government. We understand that the information that we have is the most accurate. Even though people are saying it is not accurate. We have no other data to use except for the census. There is a caveat in the end on pages 29 and 30. The appendix gives detail on the census that was taken during the pandemic. We are tasked with making the best recommendation that we can to be under a 10% deviation. The majority of the Commission has selected what they feel is the limit, the best thing for a minimalist approach. We do not know how the City will change in 10 years. We expect the deviation to go over 10% by 2030. Commissioner Katz clarified that the City is following state law and the City Charter. We have not made any subjective individual decisions about the Census, the counting, and the tabulation of people. We are following the law, correct? City Attorney Cherof stated that is correct. You are following the provisions of the Charter and State and Federal Law. Mr. Clark stated that if anybody was inadvertently offended, we apologize. However, he would like to emphasize exactly why we highlighted that. When discussing redistricting parameters, we mentioned that it is against the law for us to, according to the 1965 Voting Rights Act. It is against the law to artificially reduce or dilute any minority population. That is why we highlight District Two again and again. Again, we were highlighting the fact that we were not artificially diluting that population, that in all four of the alternatives, the percentage of the African American or black people, as designated by the Census, went from 55.5% to one 10th of 1% lower under one alternative to as much as 1.25% low under another option. We strove very hard not to dilute that population. It is against the law for us to do. So that is why we are highlighting it. Mr. Shultz commented that he has been doing redistricting for over 40 years. He has worked with obviously different decennial Census over those 40 to 50 years, and the Census is the data. If somebody else wants to spend the money that the Census spends to acquire the data, it certainly would be considered. But the Census uses our dollars, are federal dollars, to make the best possible count of US citizens. It does not matter whether you are one day old or 100 years old. Whether you are a citizen or not a citizen, whether you are a legal or an illegal resident, all people are counted, and all community residents are counted. The Census prides itself and makes a lot of effort to make sure it gets quote 100% count. Of course, there are always errors, just like anything else in life. Being perfect is difficult. He does not claim the Census is perfect by any means. It may have missed an individual here or a family here or there. But, they spend a lot of time and a lot of work to develop a reasonable population tally for this Country, for the United States of 50 Page 491 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 America. Challenging the Census, you can do that, but it is not going to get you too far unless you have an alternative. Pernell Davis inquired if the people in the breakdown are people who can vote and does not include people who cannot vote. Mayor Grant responded the breakdown is based on people and not on registered voters. Mr. Davis inquired again about the 20,000 people and that number is based only on registered voters. Mayor Grant replied no, the number is based on all people not just registered voters. District 3 is underrepresented based on the total population not registered voters. Sheila Gaines stated she was looking at the statistics on the screen. To even understand this, you would have to have at least three years of a college education. We are talking about standard deviation, correct? She heard the lovely young man behind her. That is so lovely condescending and let us know that the Census is important. When you are looking at this and listening to him, the Census is important for us to have the correct information to create these reports that are factual, right. She thinks that this is a big learning lesson for us; Boynton Beach is that the Census is important. When we are presented with these things, it is okay to ask questions. Make sure that your audience understands what you are saying to them. Then maybe we would not have all this pushback because we would understand what is happening with this report, and you are not talking over her head. Mayor Grant stated that he appreciated her input. We will ask our Clerk to notify the next administration, so to speak, in 10 years that a workshop is a more appropriate approach to get the community's input for the redistricting, not just the City Commission. Motion: Commissioner Katz moved to approve option one. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Proposed Resolution No. R22-041 -Approve and authorize the Mayor and City Manager to sign the Interlocal Agreement Governing Use of Palm Beach County Regional Opioid Settlement Funds. Motion: Commissioner Penserga moved to approve Proposed Resolution NO. R22-041. Vice Mayor Hay seconded the motion. The motion passed unanimously. 13. Future Agenda Items 51 Page 492 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 A. School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. - March 15, 2022 B. Florida Senator Lori Berman to provide a recap of the 2022 Legislative Session. - March 15, 2022 C. Development staff will provide the City Commission an update on the SagesGov E-Permitting project implementation. - March 15, 2022 D. Announce awards received for Town Square facilities - March 15, 2022 E. Consider Draft Ordinance Creating a Citizen's Engagement Committee - March 15, 2022 F. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8thAvenue -TBD G. Proposed Ordinance No. 21-025 First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - TBD H. Discuss Building Safety Inspection Program -(Pending outcome of 2022 legislative session) I. Discuss the next steps for implementation of City Ordinance No. 21- 012 prohibiting the use anddistribution of polystyrene foam ("Styrofoam") food ware, unencapsulated polystyrene foam products, balloons, and confetti on City property. - TBD J. Possible Land Swap with St. Mark's Catholic Church - TBD Mayor Grant requested that a discussion on the naming the Demonstration Garden Park on behalf of "SY Davis III and road traffic victims be added to Future Agenda. Ms. Davis inquired about the naming of the park and if it will be on the next agenda. Mayor Grant explained the process of the item being added to the agenda. It will be on the March 15th agenda as a Future Agenda Item. City Manager LaVerriere commented that she will have staff pull the information on the park and have it available. Mayor Grant noted that if it is not on the March 15th meeting it will be on the first meeting in April. He also asked the City review the Parks and Recreation fee and confirm it is in 52 Page 493 of 949 Meeting Minutes City Commission Boynton Beach, FL March 1, 2022 line with other cities. Adjournment There being no further business to discuss, the meeting was adjourned at 1:54 a.m. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus ATTEST: Crystal Gibson, MMC City Clerk Tammy L. Stanzione Deputy City Clerk 53 Page 494 of 949 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In-Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, March 15, 2022 at 5:30 P.M. Present: Mayor Steven B. Grant Lori LaVerriere, City Manager Vice Mayor Woodrow L. Hay Shana Bridgeman, Deputy City Attorney Commissioner Ty Penserga Mike Cirillo, City Attorney Commissioner Justin Katz Crystal Gibson, City Clerk Commissioner Christina Romelus (virtually) 1. Openings A. Call to Order - Mayor Steven B. Grant Mayor Grant called the meeting to order at 5:30 P.M. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Mayor Grant asked if there was a certification of the Supervisor of Elections' results from the March 8 election. Crystal Gibson replied they have not received certified results yet. Mayor Grant noted they will remove that item from the agenda. Invocation by City Clerk Crystal Gibson The Invocation was given by City Clerk Crystal Gibson. Pledge of Allegiance to the Flag led by Commissioner Romelus. Commissioner Romelus led the Pledge of Allegiance to the Flag. Agenda Approval: 1. Additions, Deletions, Corrections Mayor Grant reiterated they would table the announcement of the Supervisor of Elections' Election Results to the next City Commission meeting. Page 495 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 On Item 3A, Mayor Grant asked Commissioner Penserga when he wanted his letter of resignation to be effective. Commissioner Penserga answered his letter of resignation has been submitted and deferred the item in question to the City Attorney. He noted that because no results have been certified, he is still a current Commissioner. Attorney Cirillo confirmed Item 3A would be deferred until there was an actual vacancy. He clarified that Commissioner Penserga takes office when he's sworn in. Mayor Grant removed Item 3A. Vice Mayor Hay asked when the election would be certified. He noted they already announced a runoff. Mayor Grant responded that they did not announce a runoff yet. It is scheduled to be announced at tonight's meeting as Item 3K. Deputy City Attorney Bridgeman confirmed that the City Clerk has contacted the Supervisory of Elections and they anticipate a certification of the results by Monday. She noted Item 3K needed to be removed. Mayor Grant removed Item 3K. Mayor Grant noted he received an order from Ultimate Bakery regarding Item 6C and 6D to respond to their emergency filing. He tabled those items until the next City Commission meeting. On Item 13D, Mayor Grant requested to change the Future Agenda item to Renaming the Demonstration Garden Park to the Stanley Dale Davis III Safety Justice Memorial Gardens. Discussion ensued. Mayor Grant asked the City Attorney is the Commission has the ability to title an agenda item. Attorney Cirillo confirmed they can title an agenda item but reminded the Commission that there is a process for naming City facilities and parks. Consensus was reached to rename Item 13D on Future Agenda. City Clerk Gibson recommended moving forward with Item 3K based on unofficial results so as to ensure all procedures are in place for the runoff the following day. Deputy City Attorney Bridgeman confirmed it was ok to add Item 3K back to the agenda. 2. Adoption 2 Page 496 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 Motion Commissioner Penserga moved to approve the agenda as amended. Vice Mayor Hay seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Romelus apologized that she couldn't attend in person due to a personal injury. She thanked everyone for their support. Vice Mayor Hay disclosed that he spoke with Bradley Miller and Dr. Snyder recently. He attended the music at the amphitheater. Mayor Grant attended Dr. Seuss Day at Cross Point Elementary on March 2"d. On March 4th, he attended the groundbreaking for the Heart of Boynton Village apartments. On March 5th, he attended the Asian Fest in Tropical Park. He celebrated his 39th birthday on March 7th. He attended the opening of the Sistine Chapel at the Art Armory on March 10th and encouraged others to purchase tickets for the experience. He noted on March 10th there was a presentation to the City Commission regarding Item 5B. He explained he did not understand the grading system. On March 13th, he attended the CRA's Blarney Bash. He disclosed that he spoke with Bonnie Miskel. Mayor Grant noted he would be leaving the meeting at 7:00 P.M. to attend an event. Commissioner Romelus shared there were thank you gifts from her on the dais for each member of the Commission. She thought the meeting would be their last together as a Commission. 3. Announcements, Community, and Special Events and Presentations A. Declaration of vacancy in District 4. Item was removed from the agenda. B. State Senator Lori Berman and State Representative Joe Casello to provide an update on the 2022 Florida Legislative Session. State Senator Lori Berman thanked Mayor Grant, Commissioner Romelus, and Commissioner Katz for their service. She congratulated Commissioner Penserga and new Commissioner Angela Cruz. She wished good luck to the candidates in the runoff. She noted the budget was completed yesterday and is $112 billion, up from $100 billion the previous year. She highlighted specific areas that have budget increases. She noted two areas of legislature not addressed or not passed included property insurance 3 Page 497 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 increases and Surfside (inspections of buildings). She spoke on redistricting, which includes Boynton Beach remaining in her District. State Representative Joe Casello thanked Commissioner Romelus and Commissioner Katz for their service. He congratulated Mayor-Elect Penserga. He commended Mayor Grant on his growth and leadership. He thanked Mark Heffron. He provided an overview on topics and laws that were discussed and passed, including Visit Tourism, smoking regulation at beaches and parks, law enforcement incentives and training, and Hometown Hero program. Some areas of note included Bill 620 regarding business damages, an election bill that prohibits ranked choice voting, and vacation rentals. He stated he was a co-sponsor on the Firefighter Bill of Rights. He noted the bills often originate from public suggestions and encouraged all ideas. Commissioner Katz noted it would be nice to see a Teachers' Bill of Rights. State Representative Casello noted Commissioner Katz, as CTA President, fights hard for teachers' rights in Tallahassee. C. School Board Member Erica Whitfield to present the 2021-2022 School Year State of Education Report to the City Commission. Erica Whitfield, School Board Member, thanked Mayor Grant, Commissioner Katz, and Commissioner Romelus for their service. She presented an update on academic results, discipline, mental health, and Wi-Fi. Mayor Grant asked about graduation rates and whether students could focus on graduating in five or six years. Ms. Whitfield noted they focus on catch-up programs and confirmed they would assess all curriculum and materials to ensure compliance with current laws. Commissioner Penserga asked what other municipalities are doing to support and improve outcomes. Ms. Whitfield replied she's seen success in districts that allocate additional resources to after-school programs. She encouraged the Commission to reach out to school Principals to see what is needed and where gaps exist. Commissioner Romelus thanked Ms. Whitfield for the honest assessment. Mayor Grant moved up the proclamations on the agenda. 4 Page 498 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 G. Proclamation recognizing March 21, 2022, as World Down Syndrome Day. Corinne Pike, Gold Coast Down Syndrome Organization Director of Development will accept the proclamation. Mayor Grant read the proclamation, which was accepted by Corrine Pike, Gold Coast Down Syndrome Organization Director. Ms. Piked thanked the City for the support and the proclamation. H. Proclaim April 1, 2022, as The Lord's Place SleepOut Homelessness Awareness Day. Calvin Phillips from The Lord's Place will receive the proclamation. Mayor Grant read the proclamation, which was accepted by Calvin Phillips from The Lord's Place. Mr. Phillips thanked Mayor Grant and the Commission. I. Proclaim the month of March as Let's Move Palm Beach County Month. Will Romelus from Digital Vibez, Inc. will accept the proclamation. Mayor Grant read the proclamation, which was accepted by Will Romelus from Digital Vibez. J. Proclaim the month of March 2022 as Women's History Month. Mayor Grant read the proclamation. A member of the public accepted the proclamation. K. Proclamation for Runoff Election to be held on March 22, 2022, between Marit Hedeen and Thomas Turkin for Commissioner in District 3. Mayor Grant read the proclamation. Motion Commissioner Romelus moved to have Items 5C — 51 moved to before Public Audience. Commissioner Penserga seconded the motion. The motion passed unanimously. D. At the request of Commissioner Romelus, recognize Vestiguerne Pierre, Community Standards Field Supervisor, for his 25 years of service (02/06/1997). Mayor Grant thanked Mr. Pierre for his service. Commissioner Romelus thanked Mr. Pierre for his service and spoke on his work. She suggested City staff bring back the process to recognize employees. Mr. Pierre thanked the Commission for the recognition and their hard work. 5 Page 499 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 Vice Mayor Hay thanked Mr. Pierre for his service. He concurred with the suggestion by Commissioner Romelus and asked for a recognition of those employees at the next Commission meeting. E. Black History Month Celebration Presentation by Recreation & Parks Director Kacy Young to highlight the event and recognize the Community Volunteer Committee. Kacy Young, Recreation & Parks Director, recapped the Black History Month Celebration held on February 26. He recognized the Black History Month Celebration committee. F. Announcement of the City's 2021 Design Build Institute of America (DBIA) project award(s)for the City Hall and Library facility as part of the Town Square project by City Manager Lori LaVerriere. City Manager LaVerriere noted the national recognition received. Mark Heffron thanked the Commission. He noted this is the highest award available from the Design Build Institute of America. He recognized the builder and the architect as well. Mayor Grant passed the gavel to Vice Mayor Hay. 5. Administrative C. Approve the request of Commissioner Romelus to distribute $500.00 of her Community Support Funds to Growing Strong Ministries. D. Approve the request of Commissioner Romelus to distribute $1,000.00 of her Community Support Funds to Mission Clinic of Palm Springs, Inc. E. Approve the request of Commissioner Romelus to distribute $500.00 of her Community Support Funds to the HATT Foundation. F. Approve the request of Commissioner Romelus to distribute $500.00 of her Community Support Funds to Scholar Career Coaching. G. Approve the request of Commissioner Romelus to distribute $1,000.00 of her Community Support Funds to United Way. H. Approve the request of Commissioner Romelus to distribute $500.00 of her Community Support Funds to Pathways to Prosperity. I. Approve the request of Commissioner Romelus to distribute $500.00 of her Community Support Funds to the Palm Beach County Fire Rescue Cadet Program. 6 Page 500 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 A representative from Growing Strong Ministry thanked the Mayor and Commissioner Romelus for the support. A lead advisor from the Palm Beach County Fire Rescue Cadet described the program and thanked the Commission for the support. Commissioner Romelus thanked the Commission for the support of her allocation. She thanked the organizations for their service. Motion Commissioner Katz moved to approve Items 5C-51. Commissioner Penserga seconded the motion. The motion passed unanimously. Order of the agenda was resumed. 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) Vice Mayor Hay reminded the audience this was not a time for Q & A. Bishop Bernard Wright, CEO of Bernard Wright Ministries commended all mothers and fathers. He asked for action from Commissioner Penserga as he assumes the position of Mayor. He noted they will continue to ask for the firing of Mark Sohn and resignation of City Manager LaVerriere. He expressed the continued desire for racial justice and equality, especially for SJ. Carey Snyder, 630 Riviera Drive, Boynton Beach, spoke on the recent development project that was passed and requested a clarification on whether the building would be open on Sundays for business, per a verbal agreement with the developer on February 10. She requested a reconsideration to ensure the building would not be open on Sundays. Commissioner Romelus noted that asking for clarification was a reasonable request. She stated Vice Mayor Hay had the power to bring up the item again for discussion. Commissioner Katz noted that the Commission had no authority to require additional requirements after a vote occurred. 7 Page 501 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 Attorney Cirillo said if the Commission wanted to open the item back up, they would motion tonight to reconsider and place it on the next agenda. Opening the item back up would also reopen the public hearing. However, he noted if Ms. Snyder wants to meet with the applicant to see if they would agree to different terms, that's voluntary and there is no legal compulsion on the applicant to make any changes once it has been approved. He also stated if someone prohibits an approved and legal business from operating, there are concerns about statutes. Attorney Cirillo confirmed the Commission could make a motion for reconsideration tonight and then follow the quasi-judicial procedures. Commissioner Penserga recommended the two parties speak directly first with the assistance of City staff. Discussion ensued about procedures for reconsideration. Commissioner Romelus asked Ms. Snyder if she spoke with the applicant. Ms. Snyder confirmed she spoke with the applicant last Monday and he agreed that the language was vague. She said she did not ask him directly if he supported the closure on Sundays. She noted she would be happy to speak with him directly but, according to Code, the motion to reconsider has to be acted upon tonight. Discussion continued about procedures. Motion Vice Mayor Hay moved to reconsider the request to clarify Sunday operating hours for the previously approved application. Commissioner Romelus seconded the motion. Vote City Clerk Gibson called the roll. The motion passed 3-1. Ayes —Vice Mayor Hay, Commissioner Romelus, Commissioner Penserga Nays — Commissioner Katz Dr. Stephanie Hayden-Adeyemo, 2181 SW 15th Avenue, N102, Boynton Beach, said she was joining for the first time in-person since 2019. She asked for no confidence votes for the City Manager and City Attorney. She noted there was lot of oversight on the dais. John Dames, PO Box 713, Boynton Beach, acknowledged and congratulated Commissioner Penserga. He spoke on Mark Sohn and the reprimands he received over his 20-year career. He noted Mark Sohn should have never been hired by the City. He spoke on the City lawsuits. He said Mark Sohn's heart was filthy. 8 Page 502 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 Disruption ensued in the audience. Vice Mayor Hay asked for order. Vice Mayor Hay asked for Mr. Wright and another audience member to be removed. Peter Torocsik is the operator of the Boynton Beach Golf Course and snack bar. He spoke on misinformation about the recent RFP. He asked what tabling Items 6C and 6D meant. Commissioner Penserga explained the process once an item is tabled. Cindy Falco-DeCorrado, 316 Northwest First Avenue, Boynton Beach, said Fire Station #3 pulled their voting signs off the street at 6:22 P.M. in the most recent election. She mentioned violations by candidates. Lola Torocsik spoke on the agenda item and explained the incorrect disqualification. Vice Mayor Hay acknowledged receipt of additional proposal documents provided on the dais. He noted it would be turned over to City staff and they will respond. Bryce Graham, Second Vice-President for the National Action Network Central Florida Chapter noted they have been attending Commission meetings for 79 days. He said the Commission refused to hear the cry of the community. He spoke on Mark Sohn's record. He asked for Mark Sohn to be fired. He said the community is tired and fed up. Thompson commented that their time was valuable and expressed dissatisfaction with Commissioner Romelus' recommendation to move Public Audience later in the meeting. She stated the Commission chose to answer questions by certain speakers. Dave Beasley, 190 South Boulevard, Boynton Beach spoke on streamlining the process of the Building Department. He expressed dissatisfaction and noted he would quit working in Boynton Beach. He said Mr. Kunsman has a problem with him. Deputy City Attorney Bridgeman asked City staff to provide an update on the Building Department issue at the next Commission meeting. Pernell Davis congratulated the winners of the election. He expressed disappointment that the swearing-in would not take place tonight. He said information about procedures are always left out. Vice Mayor Hay reiterated this is not a Q &A. He noted Mr. Wright and the other audience member who were previously escorted out of the chambers have been allowed back in. He said they would have order. He permitted Pernell Davis an additional three minutes. 9 Page 503 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 Commissioner Romelus noted the proper protocol for Public Audience. She clarified her statement about the Building Department. Vice Mayor Hay permitted Pernell Davis an additional three minutes. Mr. Davis spoke further on Mark Sohn. He expressed dissatisfaction in the City Manager and Mayor's departure from tonight's meeting Ernest Mignoli, 710 NE 7th St. Unit 407, Boynton Beach, said he follows all the crime and code violations within the City. He said District 2 should be investigated. He said the City needs to get rid of the City Manager and City Attorney. He said the entire Police Department should be investigated. Annette Gray, 1500 Gateway Boulevard, Boynton Beach, is the founder of GBDC Entrepreneurship Institute. She spoke on the deficiencies that youth are facing and the need for an entrepreneurship and workforce development. She congratulated Commissioner Penserga but was disappointed when he was a no show. She thanked Commissioner Katz, Commissioner Romelus, and Mayor Grant for supporting small organizations. Bradley Miller, Urban Design Studio, 610 Clematis Street, West Palm Beach spoke on the 1320 South Federal project that Dr. Snyder spoke on. He clarified the office use will be restricted on Sunday, but the presentation clearly stated there would be no Sunday restrictions for retail use. He noted he agreed to restrict the hours of retail use to close at 9:00 P.M. He expressed disappointment on the motion to reconsider. He stated if it is silent on the issue, then the code prevails and the code allows retail uses to be open Sunday through Saturday. He reiterated there was no intent for retail to be closed on Sunday. He asked the Commission to reconsider their prior action. Shirley Dent, 3730 Max Place, Unit 102, Boynton Beach asked why certain people were not able to vote in the election. She also spoke on SJ and the firing of Mark Sohn. Ray Whitely, 239 Northeastern 12th Avenue, Boynton Beach, commended the community and the families for organizing around SJ's death. He said it was a demonstration of unity. He asked about the protocol on determining the agenda order. Charday Hunter, 12300 NW 17th Street, Sunrise, is SJ's aunt and Shannon Thompson's older system. She said Commissioner Romelus was condescending when addressing Pernell Davis. She spoke on Mark Sohn and asked for him to be fired. David Katz agreed with Commissioner Katz on the reconsideration of the 1320 South Federal project. He suggested moving with an abundance of caution on the item. He said it sounded like Commissioner Romelus was violating the Charter with her suggestion. 10 Page 504 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 Ester Gerry, 423 Northwestern 7th Avenue, Boynton Beach, congratulated Commissioner Penserga. She stated she stands with the Davis and Thomas family. She expressed dissatisfaction with the cancellation of the scheduled Q & A. She spoke on Mark Sohn. Brad Hicks, 315 11th Avenue, Boynton Beach, spoke on their rights to express their opinions and have their concerns heard. He spoke on the Police Department, Building Department, and City Hall. Vice Mayor Hay closed the Public Audience. Vice Mayor Hay noted that City Manager LaVerriere left the meeting due to a family emergency. He stated that she would attempt to rejoin the meeting. Commissioner Romelus apologized to Pernell Davis for her tone. 5. Administrative A. Ratify the selection of Library Board Chair and Vice Chair Motion Commissioner Katz moved to approve Item 5A. Commissioner Penserga seconded the motion. The motion passed unanimously. B. Consideration of a Special City Commission Meeting to accept staff ranking of applications to the Notice of Funding Opportunities (NOFOs) for use of the City's American Rescue Plan Act (ARPA) funds and to award funds based upon application eligibility and proposed programming. Motion Commissioner Katz moved to table Item 5B. Commissioner Penserga seconded the motion. The motion passed unanimously. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments. Vice Mayor Hay reiterated Items 6C and 6D have been tabled. 11 Page 505 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 A. Accept the Fiscal Year 2021-2022 Budget Status Report of the General Fund and the Utilities Fund for the 5-month period which ended February 28, 2022, unaudited. B. Proposed Resolution No. R22-042 - Approve the temporary lane closures in the 2000 Block of State Road 5 (Federal Hwy) - 700 feet of the right lane heading Northbound and 400 feet of the left lane heading Southbound on Monday, July 4, 2022, for the annual 4th of July event, and authorize the City Manager, or designee, to apply for the State permit for the temporary road closure. E. Proposed Resolution No. R22-045 - Authorize the City Manager to modify the current agreement with Motorola Solutions Company to provide a hybrid PremierOne cloud hosted/on-premise solution to the Computer Aided Dispatch (CAD), Records Management System (RMS) and Mobile Reporting solutions as well as ancillary products and services, as described in the Change Order, for zero cost. Motion Commissioner Katz moved to approve the Consent Agenda. Commissioner Penserga seconded the motion. The motion passed unanimously. 7. Consent Bids And Purchases Over $100,000 A. Authorize utilizing the GSA contract GS-07F-173GA, previously approved on 09/01/2020, for the purchase of equipment and services of Avigilon Security Camera System and access control from Broadcast Systems in the amount of $419,326.20 for security upgrades at the East and West Water Treatment Plants and District Energy Plant. Authorize transfer of funds in the amount of $389,327.00 from CIP Account 403-5000-533-65.02 projects WT2103 ($299,333) & WT2102 ($89,994) to Water Plant Security Project WTR127($389,327). B. Approve sole source purchase of a new Lime Slaker System for $187,750 from Integrity Municipal Systems, Inc.to replace Lime Slaker # 2 at the East Water Treatment Plant. C. Approve an Amendment for Purchase Order 191014 via Task Order# UT-2A- 02 — General Consulting Services-RFQ 040-2821-17/TP with Jacobs (formerly CH2M Hill Engineers) in the amount of $41,822.00. This would provide environmental review services for the Generator Replacement project at the East Water Treatment Plant. The amended Purchase Order amount would be $125,896.00. Motion Commissioner Katz moved to approve the Consent Agenda. Commissioner Penserga 12 Page 506 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 seconded the motion. The motion passed unanimously. 8. Public Hearing A. Approve request for Conditional Use (COOS 21-001) approval for Raising Cane's Restaurant dual drive-through facility on a BJ's Wholesale Club outparcel located at 1550 West Boynton Beach Boulevard within the Planned Commercial Development (PCD) zoning district. Applicant: Kristina Belt, Kimley Horn & Associates. Approve request for Major Site Plan Modification (MSPM 21-001) for Raising Cane's Restaurant to include a new 2,771-square foot building with dual drive-through facilities and 68 seats (50 indoor, 18 outdoor) on a BJ's Wholesale Club outparcel located at 1550 West Boynton Beach Boulevard within the Planned Commercial Development (PCD) zoning district. Applicant: Kristina Belt, Kimley Horn & Associates. City Attorney Cirillo noted there are two items and swore in public speakers. Attorney Scott Backman, of Dunay, Miskel, and Backman, 14 Southeast 4t" Street, Boca Raton, said there is no objection to present the items together. He reviewed the property aerial for the project. Vice Mayor Hay opened the Public Audience. Dr. Hayden-Adeyemo, stated that area is crowded. She wished the City would invest in food businesses that offer healthy, clean eating. Commissioner Katz stated this is a private property. Mr. Mignoli, spoke on the crowding of the area. He noted how unhealthy the restaurant is. Vice Mayor Hay closed the Public Audience. Motion Commissioner Katz moved to approve Item 8A. Commissioner Penserga seconded the motion. In a roll call vote, the motion passed unanimously. B. Proposed Ordinance No. 22-010 - Second Reading - An ordinance of the City of Boynton Beach, Florida, amending Article III, of Chapter 18 of the Boynton Beach Code of Ordinances, entitled "Municipal Police Officers' Retirement Trust Fund;" amending Section 18- 169, requirements for retirement benefit amounts, providing for conflict, providing for severability; and, providing for an effective date hereof. City Attorney Cirillo read Proposed Ordinance No. 22-010 on Second Reading by title only. 13 Page 507 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 Motion Commissioner Katz moved to approve Ordinance 22-010. Commissioner Penserga seconded the motion. Vote City Clerk Gibson called the roll. The vote was 4-0. David Katz said he wanted to speak on Raising Cane and he was not recognized. Vice Mayor Hay closed Public Audience. 9. City Manager's Report A. Development Department staff will provide the City Commission an update on the SagesGov EPermitting project implementation. Motion Commissioner Katz moved to table Item 9A. Commissioner Penserga seconded the motion. The motion passed unanimously. 10. Unfinished Business — None 11. New Business — None 12. Legal A. Proposed Resolution No. R22-046 - Approve revision to Community Support Funds Policy to allow for funds remaining to be spent by other members of the City Commission. Commissioner Katz noted this item is no longer relevant. Vice Mayor Hay agreed. City Attorney Cirillo noted it can be removed from the agenda with consensus. Consensus was reached to remove the item. 13. Future Agenda Items A. Consider Draft Ordinance Creating a Citizen's Engagement Committee - April 5, 2022 B. Discuss disposition of vacant 3.62 acre parcel adjacent to Leisurevillle and west of SW 8th Avenue -TBD 14 Page 508 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 C. Award Proposed Ordinance No. 21-025 First Reading. Approve Development Agreement Ordinance. (Tabled from the September 21, 2021, City Commission Meeting.) - TBD D. Discuss Renaming Demonstration Garden Park - TBD E. Discuss Building Safety Inspection Program - (Pending outcome of 2022 legislative session) F. Discuss the next steps for implementation of City Ordinance No. 21-012 prohibiting the use and distribution of polystyrene foam ("Styrofoam") food ware, unencapsulated polystyrene foam products, balloons, and confetti on City property. - TBD G. Possible Land Swap with St. Mark's Catholic Church - TBD 14. Adjournment There being no further business to discuss, the meeting was adjourned at 8:55 P.M. CITY OF BOYNTON BEACH Mayor - Steven B. Grant Vice Mayor— Ty Penserga Commissioner— Justin Katz Commissioner—Woodrow L. Hay Commissioner— Christina Romelus 15 Page 509 of 949 Meeting Minutes City Commission Boynton Beach, FL March 15, 2022 ATTEST: Crystal Gibson, MMC City Clerk Tammy L. Stanzione Deputy City Clerk [Minutes prepared by T. Baclawski, Prototype, Inc.] 16 Page 510 of 949 7.A. Consent Bids and Purchases Over $100,000 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-057- Approve Award of Bid No. PW E22-008 for "Asphalt and Sidewalk Rehabilitation", and authorize the City Manager to sign contracts with the two (2) lowest responsive and responsible bidders, Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida and M & M Asphalt Maintenance, Inc. d/b/a All County Paving of Delray Beach, Florida for asphalt and sidewalk restoration, to establish a pre-qualified list of vendors with an estimated annual expenditure of$2,000,000.00. Explanation of Request: Initial Bid Term: April 5, 2022 -April 4, 2025 The purpose of the contract is to provide asphalt and sidewalk rehabilitation and associated work on an as needed basis per the specifications and requirements as defined within the bid documents. The City intends to place orders with the lowest quote from the two (2) awarded vendors. Pricing will be based on the vendor's proposal line item unit price. The initial term of the Bid award shall be be for three (3) years and by mutual agreement between the City and the awardee(s), may be renewed for two (2) one-year terms. On February 24, 2022, the City opened a total of four (4) proposals to this Bid. In accordance with the terms and conditions of the Bid, the City reserves the right to make multiple awards for this Bid and to award to the vendor(s) whose bid represents the most advantageous bid to the City, price, and other factors considered. Awards may be made to a maximum of two (2) responsive, responsible bidders on an iterrFby- item basis or for all items, whichever is in the City's best interest. Scenario Atlantic Southern Paving and Sealcoating, LLC $101,424.85 M & M Asphalt Maintenance, Inc., d/b/a All County Paving $126,210.96 Janice M. Riley d/b/a The Paving Lady $136,479.97 R& D Paving, LLC $147,928.26 In order to establish the lowest responsive and responsible bidders for award of this Bid, the Public Works Engineering staff took a typical City project as a scenario and requested each vendor to submit the unit price based on the proposal line item unit price into a quantity takeoff for the scenario project. The results showed that Atlantic Southern Paving and Sealcoating, LLC was the low responsive bidder and M & M Asphalt Maintenance, Inc. d/b/a All County Paving was the second low responsive bidder. The total bid cost of the scenario project was the determining factor for the award. How will this affect city programs or services? Many of the City's roads are over 20 years old and have exceeded their service life expectancy. As the roads age, they are requiring more maintenance (i.e. potholes and crack repairs). The award of this bid will allow staff to begin the process of rehabilitating the City's roads and thus add 15+ years to the road's service life and reduce maintenance costs. With less maintenance, staff time can be directed towards other facility maintenance projects. Page 511 of 949 Fiscal Impact: Each individual project processed against this open-end contract will be funded by the appropriate funding source. Individual projects over $100,000 will be brought to City Commission for approval. Alternatives: Not award and reject all bids and re-solicit the bid. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Atlantic Southern Paving and Sealcoating, LLC ; M & M Asphalt Maintenance, Inc. d/b/a All County Pav Start Date: 4/5/2022 End Date: 4/4/2025 Contract Value: $2,000.000 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: The initial bid term is April 5, 2022 -April 4, 2025. By mutual agreement between the City and the awardee(s), may be renewed for two (2) one-year terms. The City reserves the right to exercise the option to renew annually. Attachments: Page 512 of 949 Type Description D Resolution Resolution approving Contracts for Asphalt and Sidewalk Rehabilitation D Contract Contract with KA & KA Asphalt Maintenance D Contract Contract with Atlantic Southern Paving Bid Compliance Tabulation - PEW22-008 Asphalt D Tab Sheets and Sidewalk Rehabilitation D Bid Bid No, PW E22-008- Price Analysis-Asphalt and Sidewalk Rehabilitation D Bid Cost Estimate Scenario Price Analysis-Asphalt and Sidewalk Rehabilitation D Bid Advertised Bid -Asphalt and Sidewalk Rehabilitation D Bid Bid Attachment A- Site E)diibit- Cost Estimate Proposal Scenario D Bid Addendum No, 1 to Bid D Bid Addendum No, 2 to Bid Page 513 of 949 1 RESOLUTION NO. R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AWARD OF BID NO. PWE22-008 FOR "ASPHALT AND 5 SIDEWALK REHABILITATION", AND AUTHORIZE THE CITY MANAGER 6 TO SIGN CONTRACTS WITH THE TWO (2) LOWEST RESPONSIVE AND 7 RESPONSIBLE BIDDERS, ATLANTIC SOUTHERN PAVING AND 8 SEALCOATING, LLC OF SUNRISE, FLORIDA AND M & M ASPHALT 9 MAINTENANCE, INC. D/B/A ALL COUNTY PAVING OF DELRAY BEACH, 10 FLORIDA FOR ASPHALT AND SIDEWALK RESTORATION, TO ESTABLISH 11 A PRE-QUALIFIED LIST OF VENDORS WITH AN ESTIMATED ANNUAL 12 EXPENDITURE OF $2,000,000.00; AND PROVIDING AN EFFECTIVE 13 DATE. 14 15 WHEREAS, the purpose of the contract is to provide asphalt and sidewalk 16 rehabilitation and associated work on an as needed basis per the specifications and 17 requirements as defined within the bid documents; and 18 WHEREAS, the initial term of the Bid award shall be for three (3) years and by mutual 19 agreement between the City and the awardee(s), may be renewed for two (2) one-year terms.; 20 and 21 WHEREAS, On February 24, 2022, the City opened a total of four (4) proposals to this 22 Bid and in accordance with the terms and conditions of the Bid, the City reserves the right to 23 make multiple awards for this Bid and to award to the vendors)whose bid represents the most 24 advantageous bid to the City, price, and other factors considered; and 25 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 26 of staff, deems it to be in the best interest of the citizens of the City of Boynton Beach to 27 approve award of Bid No. PWE22-008 for "Asphalt and Sidewalk Rehabilitation", and authorize 28 the City Manager to sign contracts with the two (2) lowest responsive and responsible bidders, 29 Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida and M & M Asphalt 30 Maintenance, Inc. d/b/a All County Paving of Delray Beach, Florida for asphalt and sidewalk 31 restoration, to establish a pre-qualified list of vendors with an estimated annual expenditure of 32 $2,000,000.00. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 34 OF BOYNTON BEACH, FLORIDA, THAT: S:ACA\RESO\Agreements\Award Bid and Contract for Asphalt and sidewalk rehab(2022)-Reso.docx -1 - Page 514 of 949 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 36 as being true and correct and are hereby made a specific part of this Resolution upon 37 adoption. 38 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 39 approves award of Bid No. PWE22-008 for"Asphalt and Sidewalk Rehabilitation", and authorize 40 the City Manager to sign contracts with the two (2) lowest responsive and responsible bidders, 41 Atlantic Southern Paving and Sealcoating, LLC of Sunrise, Florida and M & M Asphalt 42 Maintenance, Inc. d/b/a All County Paving of Delray Beach, Florida for asphalt and sidewalk 43 restoration, to establish a pre-qualified list of vendors with an estimated annual expenditure of 44 $2,000,000.00, copies of the Contracts are attached hereto and incorporated herein as Exhibits 45 "A" and "B" respectively. 46 Section 3. That this Resolution shall become effective immediately. 47 PASSED AND ADOPTED this 5th day of April, 2022. 48 CITY OF BOYNTON BEACH, FLORIDA 49 YES NO 50 Mayor—Ty Penserga 51 Commissioner—Angela Cruz 52 Commissioner—Woodrow L. Hay 53 Commissioner—Thomas Turkin 54 Commissioner— District 4 - Vacant 55 VOTE 56 ATTEST: 57 58 59 Crystal Gibson, MMC 60 City Clerk 61 62 (Corporate Seal) S:ACA\RESO\Agreements\Award Bid and Contract for Asphalt and sidewalk rehab(2022)-Reso.docx -2- Page 515 of 949 0 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND M & M ASPHALT MAINTENANCE INC., D/B/A ALL COUNTY PAVING THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and M &M ASPHALT MAINTENANCE INC. D/B/A ALL COUNTY PAVING, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide asphalt and sidewalk rehabilitation, on an as-needed basis per specifications. 2. SCOPE OF SERVICES. The vendor agrees to perform road resurfacings, general road construction, asphalt pavement, roadway repair, guardrail work, sidewalks, sodding, roadway striping, earthwork construction, and other incidental work associated with asphalt and sidewalk rehabilitation, located throughout the City of Boynton Beach, including the provision of all labor, materials, equipment, and supplies. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. The vendor shall perform all services and provide all work products required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of three (3)year, commencing on April 5, 2022 through April 4, 2025. The City reserves the right to renew the agreement for two (2) one- year renewals subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. An increase in the cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. 5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by the Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to the Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. b. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. C. Final payment of any balance due to the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. e. The Vendor'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. PWE22-008 Asphalt and Sidewalk Rehabilitation C-1 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications, and other materials produced by the Vendor 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. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. The vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida, and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees,from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15)days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor 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 Vendor nor any employee of Vendor 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 Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty,the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, 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. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. PWE22-008 Asphalt and Sidewalk Rehabilitation C-2 —Z nAJ 14. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 15. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 16. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty(30)days'written notice to the Vendor. b. In the event of the death of a member, partner, or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City if the City so chooses. 17. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 18. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to the Vendor shall be sent to the following address: M & M Asphalt Maintenance Inc. D/B/A All County Paving Attn: Jeffrey Cohen 1180 SW 10th Street Delray Beach, FL 33444 Phone Contact: 561 588-0949 Email: publicworks@allcountypaving.com 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm 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 Firm. 20. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; PWE22-008 Asphalt and Sidewalk Rehabilitation C-3 C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 21. SCRUTINIZED COMPANIES-287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice, in writing,to the Contractor of the City's determination concerning the false certification.The contractor shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 22. E-VERIFY 22.1 Contractor 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 hereinbelow. 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 a salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. PWE22-008 Asphalt and Sidewalk Rehabilitation C-4 —X nAJ "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. "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. 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-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK PWE22-008 Asphalt and Sidewalk Rehabilitation C-5 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. DATED this day of 2022. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: James A. Cherof, City Attorney Attested/Authenticated: Crystal Gibson City Clerk PWE22-008 Asphalt and Sidewalk Rehabilitation C-6 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 contractor 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 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 ---------------------------------------------------------------------------------------------------------------------------------------------------- Fxcess 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 $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 Insurance Advisory Form 0 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND ATLANTIC SOUTHERN PAVING AND SEALCOATING, LLC THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and ATLANTIC SOUTHERN PAVING ND SEALCOATING, LLC, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide asphalt and sidewalk rehabilitation, on an as-needed basis per specifications. 2. SCOPE OF SERVICES. The vendor agrees to perform road resurfacings, general road construction, asphalt pavement, roadway repair, guardrail work, sidewalks, sodding, roadway striping, earthwork construction, and other incidental work associated with asphalt and sidewalk rehabilitation, located throughout the City of Boynton Beach, including the provision of all labor, materials, equipment, and supplies. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. The vendor shall perform all services and provide all work products required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of three (3)year, commencing on April 5, 2022 through April 4, 2025. The City reserves the right to renew the agreement for two (2) one- year renewals subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. An increase in the cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. 5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by the Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to the Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. b. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. C. Final payment of any balance due to the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. e. The Vendor'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. PWE22-008 Asphalt and Sidewalk Rehabilitation C-1 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications, and other materials produced by the Vendor 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. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. The vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida, and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees,from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15)days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor 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 Vendor nor any employee of Vendor 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 Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, 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. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. PWE22-008 Asphalt and Sidewalk Rehabilitation C-2 —Z nAJ 14. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 15. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 16. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty(30)days'written notice to the Vendor. b. In the event of the death of a member, partner, or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City if the City so chooses. 17. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 18. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to the Vendor shall be sent to the following address: Atlantic Southern Paving and Sealcoatin , LLC Attn: Rich Atzert 6301 W. Sunrise Blvd Sunrise, FL 33313 Phone Contact: 954 299-6114 Email: rich@atlanticsouthernpaving.com 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm 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 Firm. 20. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 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 PWE22-008 Asphalt and Sidewalk Rehabilitation C-3 contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 21. SCRUTINIZED COMPANIES-287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice, in writing,to the Contractor of the City's determination concerning the false certification.The contractor shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 22. E-VERIFY 22.1 Contractor 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 hereinbelow. 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 a 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 a salary, wages, or other remuneration. PWE22-008 Asphalt and Sidewalk Rehabilitation C-4 "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. 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-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK PWE22-008 Asphalt and Sidewalk Rehabilitation C-5 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. DATED this day of 2022. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: James A. Cherof, City Attorney Attested/Authenticated: Crystal Gibson City Clerk PWE22-008 Asphalt and Sidewalk Rehabilitation C-6 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 contractor 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 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 ---------------------------------------------------------------------------------------------------------------------------------------------------- Fxcess 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 $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 Insurance Advisory Form PWE22-008-Asphalt and Sidewalk Rehabilitation-Overview of Specifications and Schedule of Prices "Offers from the vendors listed herein are the only offers received timely as of the Bid due date and Bid due time.All others submitted in response to this solicitation,if any are hereby rejected as late". BID DUE DATE:February 24,2022 BID DUE TIME:2:30 P.M. Atlantic Southern Paving and Sealcoating, M&M Asphalt Maintenance,Inc.dba All Janice M Riley Inc.dba The Paving I.I.C. R&D Paving,LLC County Paving Lady 6301 W.Sunrise Blvd. 400 Executive Center Drive,Suite 210 1180 SW 10th Street 1000 W Industrial Avenue Sunrise,FL 33313 West Palm Beach,FL 33401 Delray Beach,FL 33401 Boynton Beach,FL 33428 Email:rich@atianticsouthernpaving.com Email:nancy@randdpaving Email:publicworks@alicountypaving.com Email:mauro@pavinglady.com Telephone:(954)299-6114 Telephone:(561)588-6681 Telephone(561)588-0949 Telephone:(561)572-2600 Submission 1 Submission 1 Submission 1 Submission 1 Schedule/Specifications Bid Proposal Included Included Included Included Cost Estimate Proposals-SCENARIO $101,424.85 $ 147,928.26 $ 126,210.96 $ 136,479.97 Bid Form Yes Yes Yes Yes Proposer's Qualification Statement Yes Yes Yes Yes Years in Business under Organization Name 28 9 13 31 Anti-Kickback Affidavit Yes Yes Yes Yes Non-Collision Affidavit of Proposer Yes Yes Yes Yes E-Verify Signed Signed Signed Signed Certification Pursuant to Florida Statute§287.135 Signed Signed Signed Signed Palm Beach County Inspector General Acknowledgement Yes Yes Yes Yes Addendum Acknowledged Yes Yes Yes Yes Drug Free Workplace Acknowledge Yes Yes Yes Yes Conflict of Interest-Response No No No No Warranties Yes Yes Yes Yes Florida door-Construction Industry FDOT-Certificate of Qualification Dated Florida door-Construction Industry Licensing Florida door-Construction Professional Licenses Licensing Board-Exp.August 31,2022 June 4,2021-Expires 6/30/2022 Board-August 31,2022;Paving Contractor Industry Licensing board-Exp. Confirmation of Minority Own ed Business N/A Yes-PBC S/WBE N/A Yes-Hispanic Local Business Status Certification N/A N/A N/A Yes-Eligible References Yes(3) Yes(3) Yes(3) Yes(3) Yes(4)ACME Barricades;Line Design Yes(3)C&R Milling,Capital Asphalt Yes,(2)Wm D.Adeimy,Steffen&Sons Solutions;Interstate Concrete;Sherlock Tree Subcontractors Services,Grounds Group Landscaping Striping Company Yes(1)C&R Milling W-9 Included Included Included Included Response Time:24-48 Hours; Bidder's Qualification Statement Question 7117 List Claims& Arbitrations in the last 5 years.- Janice M.Riley Inc file suit against HOA(Huntington Pointe)for nonpayment.Huntington declared Janice M.Riley Inc.dba The Paving Lady was in defualt of the Comments: Response Time:Immediate Response Time:24 Hours Response Time:Within 72 hours contract. Electronic Opened By:Bids&Tenders 2/24/22 @ 2:30PM Tabulation Completed By:Taralyn Pratt,3/1/22 Page 530 of 949 PWE22-008-Asphalt and Sidewalk Rehabilitation-Line Item Pricing Form- Bid Proposal -**This l'd tabulation i-' 'r=idld i�i' 'MIMisa ot,review ,d-m-All bid ib_.d other-. items b!Iithis A I'mel Bid Tabulation will be -a ,,d.dLd 'th"I'Ib-"d complete- -ww f.11 bid responses wod.Bidd-do-ed responsible responses domed non-responsiveornon- m.1m.will be mflo-d in the I'mel Bid Tabulation.** MI-ti,So,dhe,a Paving antl M&M ASPHALT MAINTENANCE INC saelooati.g'LEC. D/B/AALL COUNTY PAVING J,do,M Riley lne R&D Pavi.g,LOC Submission I Submission I Submission I Submission I Item No Description ....i,"" Unit Est QuantileQuantile Unit PrlPriceT.aI Price Thal P". Total Unit Prim Total I --h and InstallInstallSteell Traffic 11-,for l2-It wide Traffic I... d,,IV,,t, ES I $200.0000 $200.00 $350.0000 $350,00 $846.3000 $846.30 $53.x,00 $53.90 2 w-kIV-, EA I $410.0000 $410.00 $550.0000 $550,00 $1,107.6000 $1,107.60 $110.0000 $110.7 3 Typ,I DbIl-i-d,per FDOT Standard III-No.102 600-FT-id,for pIoi,,t d-do,u p to 14 EA I $2.0000 $2,00 $5.0000 $"Co $5-00 $5.15 $4.4000 $4.40 4 Typ,I 3-i-d,per FDOT Standard III-No.102 600-FT-id,for pIoi,,t d-do,u p to 30 EA I $9.0000 $9,00 $lo-co $lo'oo $S.Woo $8.06 $8.8000 $sm 5 Type 11 3b,-i,bd,per FDOT Standard III-No.102 600-Provide for project d-bdo,up to 14 EA 1 $5.0000 $"Co $5.0000 $"Co $5.1500 $5.15 $4.4000 $4.40 E Type 11 3b,-i,bd,per FDOT Standard III-No.102 600-Provide for project d-bdo,up to 30 EA I $9.0000 $9.00 $10 Moo $10001 $S.Woo $8.061 $8.8000 $8.80 7 Type Ill 3- -i-d,per FDOT Standard IIINo.102 600-FT- ,t id,fitI pIoi, ductionp to 14 EA 1 $7,5000 $7,50 $8-to $8- $S.Woo $8.06 $7.1500 $7.15 8 Type Ill 3-i-d,per FDOT Standard III-No.102 600-FT-id,for pIoi,,t duction u p to EA I $ 5-00 $15,00 $I-to $l-o $14.3000 $14.30 $14.3000 $14.30 1 F11111h and Install T11p,111 111111t,Barrier Ill Provide IS,project d-o.,,Ip I.M d,, IF I 61, 11 61,11 $61-to $600t $22C.0000 $220.00 $60.5000 $60.50 10 Furnish and Install Temporary Concrete Barrier Wall-Provide for project duration up to 30 days IF I 3, $'. SO Moo $80'00 $210.0000 $210.00 $71.5000 $71.50 M Furnish and l-tb1l Tempo-Plb,d, filled)3b,-i,I Wall 42"High-Provide for project IF I $I-to $l-o $IS-co $ls'oo $34.4500 $34.45 $13.2000 $13.20 d-o.,,Ip I.M da, 72 Furnish and l-tb1l Tempo-Plb,d, filled)3b,-i,I Wall 42"High-FT-id,for project IF I $35-00 $35,00 $35-00 $35,00 $70.9500 $70.85 $27.5000 $27.50 d-o.,,Ip I.So days 73 Portable 6 KW Tower Ught(md,dmg powerrequired-daily Ibt, EA I $225-00 $225,00 $225-00 $225,00 $312.0000 $312.00 $95.MOO $95.00 74 Portable 6 KW Tower light(including powerrequired)-weekly Ibt, EA I $1,250,0000 $1,250,00 $60ODOCO $600oo $728.0000 $728.00 $300.0000 $300.00 15 Portable 6 KW Tower Light(including powerrequired-monthly Ibt, EA I $2,500,0000 $2,50000 $1,550.0000 $1,550,00 $2,008.5000 $2,008.50 $900.0000 $900.7 76 L'2b�E ChangeableMessage ...ab'S'C'(pc.$) ED I $2-to $27,00 $4-to $40.00 $55.0000 $55.00 $27.5000 $277 _ IS Portable Ad-b,W-`gArrow 1-1 ED I $15.0000 $15,00 $20-00 $20.00 $30.0000 $30.00 $13.2000 $13.20 IS Furnish and Install Tem7p-1 tow Profile FDOT Std Index NS,102 120 P,.,,d,IS,M.j-IF I $7-to $71loo $75-00 $75,00 $40.0000 $40.00 $71.5000 $717 d-o.,,Ip I.M da, 19 Furnish and Install T-P-1 tow Profile Barrier-FOOT Std Index No.l02-120 P,.,,d,IS,M.j-IF I $so-co $SO'Co $90-to $90,00 $50moo $50.00 $82.5000 $82.50 d-o.,,Ip I.So da, 707 MOT Certified Flag-h(p,,p,,5.I) HR 1 $26,2500 $26,25. $48-to $48,00 $35.MOO $35.00 $35.MOO $35.00. 21 Cl-mg and Grubbing(Greater than I A-) AC I $20,CCOCCOO $20,000.00 $5,000,0000 $5,000,00 $5,460.0000 $5,460.00 $250.0000 $250.00 22 Cl-mg and Grubbing(Smalley than I A-) AC I $26,CCOCCOO $26,000oo $3,500,0000 $3,50000 $8,190.0000 $8,190.00 $250.0000 $250.00 3 R-...and D,5p.5, f Unsuitable--W CY I $3-to $30oo $75-00 $75,00 $33.8000 $33.80 $220000 $22.00 27 p-Suitable III Material-In-Place 1,PlCY I $3to $3too $3to $3too $26.0000 $26.00 $1S.Moo $15.7 25 Stake Silt F-, IF I $lo-co $lo'oo $2,5000 $2,50 $3.5000 $3.50 $1.8500 $1.85 26 Straw.1,5 OSUSX36) EA I $lo-co $lo'oo $50.0000 $,C,CO $30m00 $30.00 $37.4500 $37.45 27 Sod ea h,a SY I $5,moo $"Co $4,9100 $4,91 $3.8500 $3.85 $5m00 $57 28 Sod Florham SY 1 $5,5000 $5,50 $5,9500 $"go $4.9500 $4.85 $bwoo $6.00 29 Fl-mg Turbidity-i" IF I $15.0000 $15,00 $4-to $-Co $20.0000 $20.00 $2.5000 $2.50 So Sy-th,d-If(F--I lawn or Equal)w/25"F-I,U,d,l-by-t(F-ibh&l-tb1l) SY I $160-to $Mihoo $Ig"Docc, $lg-o $240.0000 $240.00 $175.0000 $175.00 31 Top Soil(6"TH.) SY I $12-oo $12,001 $20-to $20.00 $48.7500 $48.75 $7.00001 $7.001 22St-,Grinding EA I 1 1 $3o0.000o $3o0oo $750.0000 $750,00 $650.00001 $650.00 $275,0000 $275,00 33 Stump Removal EA I $3o0.0o0o $3o0oo $1,500,0000 $1,500.00 $650.0000 $650.00 $375.0000 $375.00 - 34 TR,,.,,l H-It,,l2"Caliper) EA I $I'loctocto $lj0000 $75FMOO $752,00 $2,580.5000 $2,580.50 $400.0000 $400.00 35 T-R--1 H-than 24"Caliper) EA I $IOOOCCOO $1,600oo $1,500,0000 $1,500- $3,750.5000 $3,750.50 $750.0000 $750.00 36 T-Removal(Palms-All Si-) EA I $750.0000 $750,00 $700.0000 $700.00 $2,860.0000 $2,860.00 $375,0000 $375,00 37 Root FT-mg IS"36"Deep)(Less than I A"Dib.) IF I $6-to $67,CO $4-to $-Co $5.0000 $5.00 $lomoo $10.00 38 Root FT-mC(0"-36"Deep)(-b-than I A"Dib.) IF I $75-00 $75,00 $50.0000 $,C,CO $smoo $8.00 $lomoo $lom 39 Root-ill IS'Do IF I $22-0o $2200 $20-00 $20.00 $22.0000 $22.00 $35.0000 $35.00 40 Root Barrier 24'Do IF I $24F0000 $24F00 IM= 22 20 $28.0000 $28.00 $40.0000 $40.00 !I Root. - ,,i,,36'Do IF I $3500 $35,00 4C oo $40.00 $35.0000 $35.00 $".RNOO $55.0045 V,g-o.,Ed...t-(1-lIdimg-p Watering) IF I $125-00, $125.00 2 $41,111 $40.00 $35,woo $35,00 $15moo $15,00 - - 43 TProt &-5-o,,. -FOOT Standard Index Mo loo EA I $700.0000 $700.00 $'222" $100,001 $250.0000 $250.001 $50.0000 $50.00 - - 74 TPI1-&--o,, 5 . Grouping IT...5 MOT Standard td-Mo loo EA I $1,530,0000 $1,530,00 $50 Moo $'OOLO $350.0000 350 Moo $350.001 $250.0000 $250.00 45 1......k(0,1,v...d)(M- AssignmeAssignment),5 IN Ag ) IN I $5FMOO $,C,CO $20-to $20.00 $26.0000 $26.00 $24.0000 $24.7 46 12"Stabilized S,bCIbd,(Nln-lbI of40) SY I $12-oo $1200 $8-to $8,00 $12.0000 $12.00 $ll.woo $11.00 47 4'1......k-(--It,of IOO)-lIdmg PH--t SY I $15,moo $15,00 $20-to $20.00 $14.1400 $14.14 $17.6000 $17.60 48 6"U-I-k 3-(Minimum lbI oflOO)md,dmg Prime Coat SY I $15,moo $15,00 $23-to $23,0o $16.1900 $16.19 $20.0000 $20.00 49 S'lune...,-(--It,of 100)mdIdimg PH--t SY I $25-00 $25,00 $26-0o $26,00 $18.5300 $18.53 $22.0000 $22.7 S2Eb,h Additional I"J- - Iolk 31(Mm-lbI of 100)md,dmg ph-Coat SY I $Docco $Doo $5,moo $"Co $2.7000 $2.70 $4.5000 $4.50 51 Each Additional 2"J-Io,k 3-(Minimum lbI of 100)md,dmg Prime Coat SY I $6-to L CO $io Moo $`CO $5..Oo $5.40 $smoo $8.7 - 52 S1,Grading(1-lIdit,;0-mg G,acfitg&Sod Replacement) SY I $45,MOO $4100 $4-to $-Co $27.3100 $27.35 $40.0000 $40.00 53 P""I'S"I...I Hpt.5000'0 SF I So $0.2800 $0.28 O.2SOO. $0.25 22 �27 41. $O 1 $0.2100 $0.21 0.2100 $0.25 54 FT-i-S-1-t(DO-f-10000,f) SF I $0.2300 2 35 3 I 55 Premium S-1,obt(10000 f-20000 f) SF I $C'Isoo $0.18 $C-O $0'40 $0.2200 $0.22, $0.2400 $0.7 - 56 FTS-1,obt(2 0000 f-50000 f) SF 1 $0,1500 $0,15 $C,3,CO $0.35 $0.1900 $0.19 $0.2400 $0.24 57 P""I'S"I...1(50000'f or grater) SF I $C,Moo So- $CDOOO so7o $0.150o $0.15 $0.2300 $07 58 3/4'TV,S I Asphaltic C.--NJ-RV Paving-h,t-dIcfitg Prime-1,--W& TON I $I'loctocto $lj0000 $25FMOO $250,00 $397.8000 $397.80 $350.0000 $350.00 -p--ot-IDA.,Assignments) 79 3/4"Type S H Asphaltic C-11t,NJ-RV Paving-h,t-dIcfitg Prime-1,--W& TON I $3octooto $3o0oo $20-to $20000 $193.9000 $193.90 $225.0000 $225.00 -p--(11-to 50-Assignments) TO 3/4"Type S H Asphaltic C-11t,NJ-RV Paving-h,t-dIcfitg Prime-1,--W& TON I $Iso-co $lso'oo $161-to $165,00 $165.8000 $165.80 $175.0000 $175.00 -p--(51-to 150-Assignments) 6l 3/4'TV,S I Asphaltic C.--NJ-RV Paving-h,t-dIcfitg Prime-1,--W& TON I $161-to $l6000 $125-00 $125,00 $131.6000 $131.60 $150moo $150.00 -p--151-to 499-ton Assignments) 62 3/4"Type S H Asphaltic C-11t,NJ-RV Paving-h,t-dIcfitg Prime/Tack--W& TON I $160-to $Mihoo $125-00 $125.00 $130.0000 $130.001 $145.0000 $145.00 - -p--(500t.,.,greater Assignments) 63 1'TV,S H Asphaltic C.--NJ-RV Paving-h,t-dIcfitg Prime/Tack--W& TON I $1,130ocoo $l'nctoo $25FMOO $250,00 $395.1000 $395.10 $350.WOO $350.00 Compaction(0-.to-Assignments) 64 1'TV,S H Asphaltic C.--NJ-RV Paving-h,t-dIcfitg Prime/Tack--W& TON I $352-00 $352,00 $20-to $200,00 $184-00 $184.40 $235.0000 $235.00 -p--(11-to 50-Assignments) I'TV,S H Asphaltic C.--NJ-RV Paving-h,t-dIcfitg Prime/Tack--W& TON I $Iso-co $lso'oo $161-to $165,00 $151.6000 $151.60 $ISS.Moo $155.00 -p--(51-to 150-Assignments) 66 1'TV,S H Asphaltic C.--NJ-RV Paving-h,t-dIcfitg Prime/Tack--W& TON I $115,Moo $115,00 $115,Moo $115,00 $129.0000 $129.00 $127.0000 $127.00 -p--(151-to 499-ton Assignments) T7 I'TV,S H Asphaltic C.--place RV Paving-h,t-dIcfitg Prime/Tack--W& TON I $Mo-to $Miloo $115,Moo $115,00 $127.70001 $127.70 $125.0000 $125.00 - -p--(500t.,.,Greater Assignments) TS 1 1/2"Tvp,S H Asphaltic-111t,(I LIft)NJ-RV Paving-h,t-dIcfitg-k--W& TON 1 $1,150.0000 $1,150,00 $25FMOO $250,00 $430.0000 $430.00 $350.0000 $350.00 Compaction(0-.to-Assignments) T9 1 1/2"Tvp,S H Asphaltic C-11t,(I Lift)place RV paving-,h,t-dIcfitg-1,--W& TON I $390-to $39000 $20-to $20000 $171.8000 $171.80 $215.0000 $215.00 -o"t-(lot.,to 50-ton assignments) So 1 1/2"Tvp1 S H Asphaltic C-11t,(I Ilft)NJ-RV Paving-h,t-dIcfit9-k--W& TON I $Iso-co $lso'oo $161-to $165,00 $144-00 $144.40 $150.0000 $150.00 Compaction(51-to 150-Assignments) Tl 1 1/2"Tvp,S H Asphaltic C-11t,(I Ilft)NJ-RV Paving-h,t-dIcfitg-1,--W& TON I $Mo-to $Milotj $In'- $118,00 $126.3000 $126.30 $122.5000 $122.501 -p--(151-to 499-ton Assignments) 72 1 1/2"Tvp,S H Asphaltic-111t,(I LIft)NJ-RV Paving-h,t-dIcfitg-1,--W& TON I $no-co $nctoo $115,Moo $115,00, $125.3000 $125.30 $120.0000 $120.00 - -p--(500 orAssignmenAssignments)G,,,t,Assignments)73 1 1/2"Tvp,S H Asphaltic-111t,(2--3/4"lifts)place RV paving-h--lIdi,C-1, TON I $I'gottocto $l'qOoCo $25FMOO $250,00 $562.8000 $562.801 $450.0000 $450.00 - material&'-p-,()ton to 10-ton assignments) 74 1 1/2"Tvp,S H Asphaltic-111t,(2-3/4'Rft5)place RV paving-h--lIdmC-k TON I $soc- $SCc- $20-to $20000 $221-00 $221.40 $225.0000 $225.00 material&'-p-,(11-to 50-ton assignments) 7511112`TVPI S H Asphaltic C-11t,(2- ' place plRV paving-h--lIdi,C-1, TON 1 $4--- $$4o0.00 $161- $l6o- $161.0000 $161.00 $171.0000 $171.00 material - &' p- ton,(51 to 150-ton assignments) 36 1 1/2"Tvp,S H Asphaltic-111t,(2-3/4'Rft5)pi...RV paving-h--lIdmC-k TON I $28-to $280.00 $125-00 $125,00 $134.9000 $134.90 $150.00001 $150.00 !`-W&-pft-(151-to 499-ton assignments) 77 1 1/2"TV,S H A,ph,lb,--t,(2-3/4'Rft5)pi...RV paving-h--lIdmC-k TON I $24-to $241lo0i $125-00 $125,00 $133.8000 $133.80 $145.0000 $145.00 - material&'-p- greater(500.'.....assignments) 78 Each Additional l/2"Type S-Ill Asphaltic Co--place by paving-hm,md,di,C tb,k--id TON I $120-to $120.00I $25FMOO1 $25000I $102.8000 $102.80 $350.WOO $350.00 - &'-p-,()ton to 10-ton assignments) 79 Each Additional l/2"Type S-111 Asphaltic Co--place by paving-hm,md,di,C tb,k--id TON I $no-co $no'Co $20CF-01 $20000l $102.8000 $102 80 $ 25.0000 $225.00 &compa Rion(10 ton to 50-ton assignments) SO Each Additional 1/2"Typ,S-Ill Asphaltic Concrete place bypbvi,g-hm,md,di,C t-k-,H4 loctooto $l0000 $161-01 $165. $102.8000 $102.80 $150.0000 $150.00 .&compa Rion(51 ton to 150assignments) Page 531 of 949 ® m• •- © • �a . - ®© ® - • © � � � � 7.9 ® • MCI � .. .. �a ® .-: © L.11ti.11) © - :=: © � PWE22-008-Asphalt and Sidewalk Rehabilitation -COST ESTIMATE PROPOSALS- SCENARIO Atla ntic Southern Pavingand M&M ASPHALT MAINTENANCE INC Janice M Riley lnc d/b/a The Seal-ting,LLC. R&D Paving,LLC D/B/AALL COUNTY PAVING Paving Lady Submission 1 Submission 1 Submission 1 Submission 1 Item No De-lotion Unit Est.Quantity Unit Price Total Unit Price Total Unit Price Total Unit Price Total 16 Portable Changeable Message Sign(Message Boards) EA/DAY 14 $2].0000 $378.00 $2].5000 $385.00 $40.0000 $560.00 $55.0000 $770.00 20 MOTCertified Flag,,,(Flggi ng Personnel) HR 112 $26.2500 $2,940.00 $35.0000 $3,920.00 $48.0000 $5,376.00 $35.0000 $3,920.00 23 Remove&Dispose of Unsuitable Material CY 7.1 $30.0000 $213.00 $22.0000 $156.20 $]5.0000 $532.50 $33.8000 $239.98 46 12"Stablized Subgrade SY 71.2 $12.0000 $854.40 $11.0000 $783.20 $8.0000 $569.60 $12.0000 $854.40 48 6"Limerock Base-Including PH-coat SY 35.6 $15.0000 $534.00 $20.0000 $712.00 $23.0000 $818.80 $16.1900 $576.36 86 1"Asphalt Milling SY 7911 $1.8000 $14,23980 $3.2500 $25,]10]5 $2.2500 $17,799]5 $2.0000 $15,82200 84 1/2'Asphalt Milling SY 7911 $0.2000 $1,582.20 $1.6500 $13,053,15 $0,2500 $1,977.75 $1.6300 $12,894.93 66 1"Type S-III Asphaltic Concrete-Asphalt Paving(1"Asphalt Paving) TN 443 $115.0000 $50,94500 $12].0000 $56,26100 $115.0000 $50,94500 $129.0000 $5],14]00 81 1/2"Type S-III Asphaltic Concrete-(1/2"Asphalt Paving) TN 221.5 $70.0000 $15,50500 $110.0000 $24,36500 $115.0000 $25,472.50 $102.8000 $22,]]020 111 Thermo Plastic(White Solid 24") LF 36 $10.0000 $360.00 $5.8000 $208.80 $9.1200 $328.32 $5.5000 $198.00 102 Thermo Plastic(Yellow Solid 6") LF 120 $1.8000 $216.00 $1.3000 $156.00 $1.8000 $216.00 $1.2000 $144.00 121 Retro-Reflective Pavement Markers-Y/Y remove and replace(RPM'S(Amger/Amber) EA 18 $15.0000 $270.00 $5.8000 $104.40 $12.0000 $216.00 $8.0000 $144.00 3 Type I Barricade per FDOT Standard EA 40 $2.0000 $8000 $4.4000 $176.00 $5.0000 $200.00 $5.1500 $20600 28 Sod Florham SY 7,33 $5.5000 $40,32 $6.0000 $43.98 $5.9500 $43,61 $4.8500 $35.55 93 Sawwt Remove and Replace 1%"Asphalt SY 7,33 $36.0000 $263.88 $200.0000 $1,466.00 $36.0000 $263.88 $35.0000 $256.55 142 Concrete 4'thick Concrete Sidewalk including Formwork Sod Removal&Disposal(Over 100 SF 1283 $].]500 $9,943.25 $11.6600 $14,959,78 $11.]500 $15,075,25 $13.0000 $16,67900 SYA-gnments)(3000 PSI W/Fiber) 145 Sawcut Remove and Replace Oft wide Concrete Sidewalk(4"thick) SF 308 $].5000 $2,310.00 $14.0000 $4,312.00 $14.5000 $4,466.00 $9.0000 $2,]]2.00 147 ADA Detectable Warnings EA 3 $250.0000 $750.00 $385.0000 $1,155.00 $450.0000 $1,350.00 $350.0000 $1,050.00 Subtotal: $101,424.85 $14],928.26 $126,210.96 $136,4]9.9] Page 533 of 949 INVITATION TO BID FOR ASPHALT AND SIDEWALK REHABILITATION BID No.: PWE22-003 E CITY OF BOYNTON BEACH 100 E. OCEAN AVENUE ' BOYNTONBEACH, FL 33435 ONLINE S'UBMISS'ION .:ONLY ton - n i BID CLOSING DATE: TUESDAY, FEBRUARY 24, 2022 BID CLOSING TIME 2:30 P...... M. THE DEADLINE FOR QUESTIONS CONCERNING THIS BID IS: FEBRUARY 14, 2022 (a- 2:00 P.M. TABLE OF CONTENTS BIDDING REQUIREMENTS: Notice to Contractors...........................................................................................1 -2 Instruction to Bidders...........................................................................................3 -4 General Conditions for Bidders..............................................................................5 - 12 Special Terms and Conditions..............................................................................13 - 14 Bidders Submission Requirements........................................................................15 General Conditions for Construction......................................................................GC-16—GC-64 Specifications and Technical Requirements.............................................................65 -88 Supplemental Conditions.....................................................................................89- 90 Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online BidForm...........................................................................................................92-93 Bidder's Qualifications Statement...........................................................................94-97 Anti-Kickback Affidavit..........................................................................................98 Non-Collusion Affidavit..........................................................................................99 Certification Pursuant to Florida STATUTE §287.135.................................................100- 101 Warranties.........................................................................................................102- 103 E-Verify Form.....................................................................................................104- 105 BidProposal......................................................................................................106- 112 Cost Estimate Proposal (Scenario)..........................................................................113- 114 DRAFT CONTRACT: Draft Contract Agreement (Subject to modification and final by City Attorney).................................C1 —C6 Insurance Advisory Form................................................................................................................... ATTACHMENT A: Site Exhibit—Cost Estimate Pavement Resurfacing Pg. 1 —Pg. 3 When completed and executed,these documents, along with the Plans and Specifications, collectively with applicable Power of Attorney certifications for bond agents and Certificates of Insurance for the Contractor, forms the Contract for this Project. TOC The City of Boynton Beach Finance/Procurement Services ,. 100 E.Ocean Avenue Boynton Beach,FL 33435 i� P.O.Box 310 Boynton Beach,Florida 33425-0310 Telephone:(561)742-6310 INVITATION TO BID ASPHALT AND SIDEWALK REHABILITATION BID No. PWE22-008 NOTICE TO CONTRACTORS Electronic bids shall be received by the bidding system up until February 24, 2022; No Later Than 2:30 P.M. (Local Time). All BID's received will be publicly opened and acknowledged of receipt by the City's e-procurement bidding system electronically. Bid's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that the bidders allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF BID: The City of Boynton Beach is seeking the services of a maximum of two(2)qualified Contractors to provide road resurfacings, general road construction, asphalt pavement, roadway repair,guardrail work, sidewalks, sodding, roadway striping, earthwork construction, and other incidental work associated with asphalt and sidewalk rehabilitation, on an as-needed basis per specifications. Contractors must have a current and valid Florida Certified General Contractors License at the time of bid submittal. A Pre-Qualification Letter from the Florida Department of Transportation (FDOT) may be substituted for this requirement. NO BID CONFERENCE or SITE INSPECTION is scheduled. At the time of the opening of bids, each bidder shall be presumed to have read and to be thoroughly familiar with the Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. LOBBYING/CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract rejects all bids or responses or otherwise takes 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 PWE22-008 Asphalt and Sidewalk Rehabilitation 1 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 an 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 notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH PWE22-008 Asphalt and Sidewalk Rehabilitation 2 ASPHALT AND SIDEWALK REHABILITATION BID No.: PWE22-008 INSTRUCTIONS TO BIDDERS 1. Electronic Invitation to Bid shall be received by the City's e-Procurement bidding system no later than FEBRUARY 24, 2022 No Later Than 2:30 PM (Local Time). 2. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Bidder to have their BID submittal submitted online. 3. Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addendum and any applicable attachment. 4. It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders should check online at Boynton-beach.bidsandtenders.net prior to submitting their Submittal and up until the BID closing time and date in the event, additional addenda are issued. 5. To obtain documents online please visit Boynton-beach.bidsandtenders.net.You may preview the BID documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC BID SUBMISSIONS ONLY shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Bidders are cautioned that the timing of their Submittal Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 8. For the above reasons, it is recommended that you allow sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 9. Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at sugport(a)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 Bidder has obtained this Solicitation from a third party, the responsibility is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making BID responses to the City are to be borne by the Bidder. 13. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Invitation to Bid for review. The City reserves the right to modify the contract language prior PWE22-008 Asphalt and Sidewalk Rehabilitation 3 to execution. The actual scope of services and consulting fees will be negotiated following the selection of the top firm(s). 14. Each Bidder, by submission of a BID response, acknowledges that in the event of any legal action challenging the award of a BID; damages, if any, shall be limited to the actual cost of the preparation of the BID. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. PWE22-008 Asphalt and Sidewalk Rehabilitation 4 ASPHALT AND SIDEWALK REHABILITATION BID No.: PWE22-008 GENERAL CONDITIONS FOR BIDDERS 1. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 2. BID FORMS: The Bidder will submit a BID on the BID forms provided. The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Bidder IS required to be licensed to do business as an individual, partnership,or corporation in the State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms herein may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e-Procurement bidding system. 5. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronically by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the e-Procurement bidding system. 6. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s)which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. 7. BID TERM: The initial term of the Bid award shall be for three (3)year from the effective date of the bid award and by mutual agreement between the City and the awardee(s), may be renewable for two (2) additional one (1) year periods. 8. The City reserves the right to extend automatically for a period not to exceed an additional six(6)months in order to provide the City with continual service while a new contract is solicited, evaluated, and/or awarded. 9. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it if it is determined that total cost is lower and the overall function is improved or not impaired; PWE22-008 Asphalt and Sidewalk Rehabilitation 5 B. Waive any defect, irregularity, or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. 10. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. 11. 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.29, "Public Entity Crimes." d. Not completing the RFQ Submittal Forms as required. 12. 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 or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. 13. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature, and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. 14. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10)days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 15. 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. 16. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. PWE22-008 Asphalt and Sidewalk Rehabilitation 6 17. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e- Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have received ALL addenda that are issued. Bidders should check online at Boynton- beach.bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event, additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addendum has been issued, the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: A. make any required adjustments to their Bid; and B. acknowledge the addenda; and C. Ensure the re-submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date. 18. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted: "BID IS FOR SPECIFIED QUANTITY ONLY". 19. SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested, or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10)days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. 20. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of the bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1)year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. 21. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 22. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked"EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of the bidder's standard forms or the inclusion of the manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 23. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items.The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. 24. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at the vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor.Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. PWE22-008 Asphalt and Sidewalk Rehabilitation 7 25. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. 26. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights,title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 27. GOVERNMENTAL RESTRICTIONS: In the event, any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 28. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. 29. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 30. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this BID, the bidder certifies that the bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Bidder been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Bidder of the City's determination concerning the false certification. Bidder shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Bidder shall have ninety(90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Bidder does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 31. NON-COLLUSION AFFIDAVIT: Each Bidder shall complete the Non-Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 32. TRADE SECRET:Any language contained in the Bidder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade PWE22-008 Asphalt and Sidewalk Rehabilitation 8 Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 33. ANTI-KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti-Kickback Affidavit Form and shall submit this form with their Proposal.The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 34. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority-Owned Business Form and shall submit the form with its Bid/Proposal. 35. ADVERTISING: In submitting a bid,the bidder agrees not to use the results as apart of any commercial advertising.Violation of this stipulation may be subject to action covered under"NONCONFORMANCE WITH CONTRACT CONDITIONS". 36. ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. 37. LIABILITY: The selected bidder(s)shall hold and save harmless the City of Boynton Beach, Florida its officers,agents,volunteers, and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants, and employees from and against any and all claims, suits, actions, damages,or causes of action arising during the term of this Contract,for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10)days of receipt by the City of any claim, suit, or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees, and damages that may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 38. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 39. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price, and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work PWE22-008 Asphalt and Sidewalk Rehabilitation 9 and has the necessary organization, capital, and equipment to carry out the required work within the time specified. 40. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. 41. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B.destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. 42. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor, and any necessary shipping. Warranty repairs may be accomplished on City property if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. 43. PRICES, TERMS, AND PAYMENT: Firm prices shall be quoted and include all packing, handling, shipping charges, and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later. Upon delivery,the City shall make a final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due to the bidder shall be withheld until a visual inspection is made by the ENGINEERING DEPARTMENT and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder unless such loss or damages have been proven to be the result of negligence by the City. 44. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. All equipment shall be completely assembled, adjusted, and clean. All standard equipment and specified options shall be installed and the unit made ready for continuous, heavy-duty service. In addition to new equipment pre-delivery service, a thorough condition and specification compliance from these specifications, including manufacturer's standard equipment items, and accessory equipment supplied by the equipment dealer, which is clearly necessary for the complete operation of the vehicle, shall be considered a requirement although not directly specified in these specifications. 45. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 46. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring PWE22-008 Asphalt and Sidewalk Rehabilitation 10 the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. 47. PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower-tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower-tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. 48. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession. All records stored electronically by Consultant must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 49. E-VERIFY: Contractor is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: PWE22-008 Asphalt and Sidewalk Rehabilitation 11 "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary,wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor,supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E-Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E- Verify System to verify the employment eligibility of: a. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1)year after the date of termination. 50. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05,the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%)or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue-generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. PWE22-008 Asphalt and Sidewalk Rehabilitation 12 d. mrd INVITATION TO BID FOR ASPHALT AND SIDEWALK REHABILITATION BID No.: PWE22-008 SPECIAL TERMS AND CONDITIONS 1. PURPOSE: The purpose and intent of this invitation to bid is to secure firm-fixed pricing and establish a bid term for asphalt and sidewalk rehabilitation and associated work on an as-needed basis per the specifications and requirements as defined herein. Contractors must have a current and valid Florida Certified General Contractors License at the time of bid submittal. A Pre-Qualification Letter from the Florida Department of Transportation (FDOT)may be substituted for this requirement. The maximum total value of this contract shall not exceed $3,000,000. 2. BID TERM: The initial term of the Bid awarded shall be for three (3) years and by mutual agreement between the City and the awardee(s), may be renewed for two (2) one-year terms. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional six(6)months in order to provide the City with continual service while a new contract is solicited, evaluated, and/or awarded. 3. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for the Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90)days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The City, may after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the scheduled expiration date. 4. AWARD: Successful Bidder awarded shall ensure that proper and sufficient staff, equipment, organization, etc. will be provided for this contract to meet the specifications denoted herein at a paramount level. The City further reserves the right to waive irregularities and technicalities and/or to request resubmission. There is no obligation on the part of the City to award the bid to the lowest bidder, or any bidder. The City reserves the right to make the award to a responsible bidder submitting a responsive bid most advantageous and in the best interest of the City. The City shall be the sole judge of the bids and the City's decision shall be final For the purpose of the award,the City will award based on the COST ESTIMATE PROPOSAL(Scenario) (see page 113— 114). PWE22-008 Asphalt and Sidewalk Rehabilitation 13 5. MULTIPLE AWARDS: The City reserves the right to make multiple awards for this Bid. Awards may be made to a maximum of two (2)responsive, responsible bidders on an item-by-item basis or for all items, whichever is in the City's best interest. The City further reserves the right to designate the low responsive, responsible bidder as the Primary contractor, and the next low responsive bidder will be designated as the Secondary Contractor for the item(s) recommended for award. Purchase Orders issued under the Secondary Bid award will be issued when the Primary Contractor voluntarily defers the Work, when the Primary Contractor is unable to perform, or when the City determines that the Primary Contractor's maximum service capacity has been reached (based upon outstanding City Purchase Orders) and additional service capacity is still needed by the City to meet City's service timeframes. 6. PERFORMANCE WARRANTY:The bidder shall guarantee all work, equipment, and materials included in the services against any defects in workmanship; and shall satisfactorily correct, at no cost to the City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon the date of acceptance, inspection, and approval by the City Representative only. If the bidder is notified in writing of a deficiency in the work provided, within one year from completion of the work, the bidder shall, at the City's option, re-perform the work in question at no additional cost to the City, or refund the City the original charges for the work in question, including the difference in cost if any, to re-perform the work if completed by another vendor. 7. INVOICING AND PAYMENT: Payment for any and all invoice(s)that may arise as a result of a contract or purchase order issued pursuant to this ITB shall minimally meet the following conditions to be considered as a valid payment request. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 All invoices submitted shall consist of an original and one (1) copy as follows: A. Clearly referenced the subject Contract or Purchase Order number; B. Provide sufficient salient description to identify the goods and services for which payment is requested; C. Contain date of delivery; D. Original or legible copy of a signed delivery receipt including both manual signature and printed name of the designated City employee or authorized agent; be clearly marked as "partial", "complete", or"final invoice." The City will accept partial deliveries. The invoice shall contain the Bidder's Federal Employer Identification Number. E. The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days"after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re-submit a corrected invoice to the City for processing. 8. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of the bidder's personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after the award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, the latest edition. PWE22-008 Asphalt and Sidewalk Rehabilitation 14 ASPHALT AND SIDEWALK REHABILITATION BID No.: PWE22-008 BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded, and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included. a) Bidders Acknowledgement— Online Acknowledgement b) Bid Specifications— Online Form c) Bid Form— Upload Online d) Price Proposal — Online Form e) Cost Estimate Proposal — Online Form f) Bidder's Qualification Statement— Upload Online g) Anti-Kickback Affidavit— Upload Online h) Non-Collusion Affidavit of Bidder— Upload Online i) Certification Pursuant to Florida Statute § 287.135- Upload Online j) E-Verify Form Pursuant to Florida Statute§448.095— Upload Online k) Addenda Acknowledgement— Online Acknowledgement 1) Confirmation of Drug-Free Workplace- Online Acknowledgement m) Palm Beach Inspector General - Online Acknowledgement n) Local Business Certification - Online Form o) Confirmation of Minority-Owned Business- Online Form p) Statement of Non-Submittal (if applicable)- Online Form q) Schedule of Sub-Consultants— Online Form r) Submit current Florida Professional License, including evidence of possession of required licenses or business permits— Upload Online s) Warranties— Upload Online t) Bidder's W-9— Upload Online u) Submit any Supplemental information relative to this BID — Upload Online PWE22-008 Asphalt and Sidewalk Rehabilitation 15 A� GENERAL CONDITIONS FOR CONSTRUCTION TABLE OF CONTENTS Article TITLE No. Article TITLE COVER No. TABLE OF CONTENTS 6.17 Responsibility for Connecting to Existing 1. DEFINITIONS Work 2. PRELIMINARY MATTERS 6.18 Work in Street, Highway or Other Rights- 2.1 Delivery of Bonds and Insurance of-Way Certificates 6.19 Cooperation with Governmental 2.2 Copies of Documents Departments, Public Utilities, Etc. 2.3 Notice to Proceed 6.20 Use of Premises 2.4 Starting the Work 6.21 Protection of Existing Property 2.5 Pre-Construction Conference Improvements 2.6 Site Mobilization Meeting 6.22 Temporary Heat 2.7 Progress Meeting 6.23 Schedule 2.8 Pre-Installation Meeting 6.24 Continuing the Work 2.9 Finalizing Scheduling 6.25 Contractor's General Warranty and 2.10 Submittals Guarantee 3. CONTRACT DOCUMENTS 6.26 Deletion/Oversight/Misstatement 3.1 Intent 6.27 Exceptions to Specifications 3.2 References to Standards 6.28 Silence of Specifications 3.3 Review of Contract Documents 6.29 Quality 3.4 Order of Preference 6.30 Conditions of Materials 3.5 Amending Contract Documents 6.31 Disposal 3.6 Reuse of Documents 6.32 Occupational Safety and Health 4. SITE OF WORK 6.33 O.S.H.A. 4.1 Availability of Lands 6.34 Conditions and Packaging 4.2 Reports of Physical Conditions 6.35 Underwriters Laboratories 4.3 Physical Conditions - Underground 6.36 Asbestos Facilities 6.37 Closeout Submittals 4.4 Differing Site Conditions 6.38 Temporary Barriers and Enclosures 4.5 Reference Points 6.39 Environmental Controls 5. BONDS AND INSURANCE 6.40 Security Procedures 5.1 Bonds 6.41 Product Substitution Procedures 5.2 Insurance 6.42 Field Samples 6. CONTRACTOR'S RESPONSIBILITIES 7. OTHER WORK 6.1 Contractor Status 7.1 Related Work on Site 6.2 Contractor Risk 7.2 Coordination 6.3 Supervision and Superintendence 8. CITY'S RESPONSIBILITIES 6.4 Labor, Material and Equipment 8.1 Communications 6.5 Concerning Subcontractors 8.2 Furnish Data 6.6 Patent, Fees and Royalties 8.3 Payments 6.7 Permits, Laws and Regulations 8.4 Lands, Easements,and Surveys 6.8 Taxes 8.5 Change Orders 6.9 Record Documents/Right to Audit 8.6 Suspension of WORK 6.10 Safety, Protection and Emergencies 8.7 Estimated Dollar Value 6.11 Shop Drawings and Samples 8.8 Quantities 6.12 Site Clean-up 8.9 Additional Terms and Conditions 6.13 Public Convenience and Safety 9. CONSULTANT'S STATUS DURING 6.14 Sanitary Provisions CONSTRUCTION 6.15 Indemnification 9.1 CITY'S Representative 6.16 Claims 9.2 Visits to Site TOC-16 GENERAL CONDITIONS 9.3 Project Representation Article TITLE 9.4 Clarifications and Interpretations No. Article TITLE 15. SUSPENSION OF WORK AND No. TERMINATION 9.5 Measurements 15.1 CITY May Suspend WORK 9.6 Rejecting Defective Work 15.2 CITY May Terminate for Cause 9.7 Shop Drawings, Change Orders, and 15.3 CITY May Terminate Without Cause Payments 15.4 Removal of Equipment 9.8 Determination for Unit Prices 15.5 Contractor May Stop WORK or Terminate 9.9 Decisions on Disputes 16. DISPUTE RESOLUTION 9.10 Inspections and Testing 16.1 Good Faith Effort 9.11 Limitations on CONSULTANT 16.2 Mediation 10. CHANGES IN WORK 17. MISCELLANEOUS 10.1 Authorized Changes 17.1 Giving Notice 10.2 Unauthorized Changes 17.2 Computation of Time 10.3 Execution of Field Change Order/Change 17.3 Notice of Claims Order 17.4 Cumulative Remedies 11. CHANGE OF CONTRACT PRICE 17.5 Accident and Prevention 11.1 General 17.6 Florida Products and Labor 11.2 Cost of the WORK 17.7 Employees 11.3 Contractor's Fee 17.8 Non-Discrimination 11.4 Cash Allowances 17.9 Drug-Free Workplace 11.5 Unit Price WORK 17.10 Public Entity Crimes 11.6 Omitted WORK 17.11 Assignment 12. CHANGE OF CONTRACT TIME 17.12 Venue 12.1 General 17.13 Funding Out 12.2 Liquidated Damages 17.14 CITY'S Purchasing Card 12.3 Reimbursement of Consultant Expenses 17.15 Debarment 13. TEST AND INSPECTIONS: 17.16 Requirements for Personnel Entering CORRECTION, REMOVAL OR CITY'S property ACCEPTANCE OF DEFECTIVE WORK 17.17 Product Recall 13.1 Notice of Defects 17.18 Rights to Bid Documents 13.2 Access to WORK 17.19 Severability 13.3 Tests and Inspections 17.20 Verification of Employment Status 13.4 Uncovering WORK 17.21 Abbreviations and Symbols 13.5 CITY May Stop the WORK 13.6 Correction or Removal of Defective WORK 13.7 One Year Correction Period 13.8 Acceptance of Defective WORK 13.9 CITY May Correct Defective WORK 14. PAYMENTS TO CONTRACTOR AND COMPLETION 14.1 Schedule of Values 14.2 Unit Price Bid Schedule 14.3 Application for Progress Payments 14.4 Contractor's Warranty of Title 14.5 Review of Applications for Progress Payment 14.6 Substantial Completion 14.7 Partial Utilization 14.8 Final Inspection 14.9 Final Application for Payment 14.10 Final Payment for Acceptance 14.11 Waiver of Claims 14.12 Punchlist Procedures 14.13 Reduction of Retainage Procedures GENERAL CONDITIONS TOC-17 ARTICLE 1—DEFINITIONS Whenever used in the Contract Documents the following terms have the meanings indicated which are applicable to both the singular and plural thereof: 1.1 Acceptance: Written Acknowledgement by the CITY's Project Manager that the Work is fully complete in accordance with the Contract Documents. 1.2 Addenda: Written or graphic instruments issued prior to the opening of Bids which clarify,correct,or change the Bidding requirements of the Contract. 1.3 Application for Payment: The form accepted by the CONSULTANT which is to be used by CONTRACTOR to request progress payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 1.4 Award Letter:The official written notice by the CITY to the apparent successful Bidder stating that upon compliance by the apparent successful bidder with the conditions precedent enumerated with the award letter,within the time specified,the CITY may enter into a Contract. 1.5 Bid:The offer of the BIDDER submitted on the prescribed form setting forth the prices of the Work. 1.6 Bidder:Any person,firm or corporation submitting a Bid for the Work directly to the CITY. 1.7 Bid Documents: Includes the Invitation to Bid,Instructions to Bidders,Bid Form,and proposed Contract Documents(including all Addenda issued prior to receipt of Bids). 1.8 Bonds:Bid,performance and payment bonds and other instruments of security,furnished by the CONTRACTOR and their surety in accordance with the Contract Documents and in accordance with the law of the State of Florida. 1.9 Change Order:A written order to the CONTRACTOR executed by the CITY,CONSULTANT,and CONTRACTOR authorizing an addition,deletion or revision in the Work,or an adjustment in the Contract Price or the Contract Time that may be as a result of an emergency or unforeseen physical conditions which occur after execution of the Contract. Such change order shall be in accordance with para 9.4"Clarifications and Interpretations"or orders minor changes in the Work in accordance with para.10.1"Authorized Changes in the Work". 1.10 CITY: The City of Boynton Beach, Florida, a municipal corporation, its authorized and legal representatives, the public entity with whom the CONTRACTOR has entered into the agreement and for whom the Work is to be provided.The term CITY will be used interchangeably with the term OWNER. 1.11 CITY's Representative: The person or persons designated by the CITY's Project Manager. The CITY's Project Manager may include the CONSULTANT. 1.12 Consultant:The person,firm or corporation named as such in the Contract Documents that acts as the CITY's authorized agent within the scope of work entrusted to them at the CITY. 1.13 Consultant's Representative: An authorized representative of the CONSULTANT assigned to observe the Work performed and materials furnished by the CONTRACTOR. 1.14 Contract: The written agreement between CITY and CONTRACTOR covering the Work to be performed. The term Contract will be used interchangeably with the term Agreement. 1.15 Conformed Contract Documents: Contract Documents which consolidate all bidding documents including all addenda which are incorporated by and signed and sealed by the CONSULTANT. The Conformed Contract Documents shall be used by the CONTRACTOR to create the Record Drawings for the Project. 1.16 Contract Documents:The Contract Documents establishing the rights and obligations of the parties and include the Contract,Contract/Bid,Addenda, CONTRACTOR's Bid(including documentation accompanying the Bid and any post Bid documentation submitted prior to the notice of award,when attached as an exhibit to the Contract,the Notice to Proceed,the Bonds,these General Conditions,the Supplementary Conditions,Special Conditions, and the Drawings as the same are more specifically identified in the Contract,together shall all Written Amendments,Change Orders,Field Change Orders(change orders as a result of Field changes),and CONSULTANT's written interpretations and clarifications issued on or after the Effective Date of the Contract.Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Contract Documents. Only printed or hard copies of the items listed in this paragraph are Contract Documents.Files in electronic media format or text,data,graphics,and the like that may be furnished by CITY to CONTRACTOR are not Contract Documents. 1.17 Contract Price:The total monies payable by the CITY to the CONTRACTOR under the terms and conditions of the Contract Document. 1.18 Contract Time:The number or numbers of successive days or dates stated in the Contract Documents for the completion of the Work. 1.19 CONTRACTOR:The individual,partnership,corporation,joint venture,or other legal entity with whom the CITY has entered into the Contract to perform work to complete the project that is the subject of the Bid. 1.20 DAY:A calendar day of 24 hours measured from midnight to the next midnight. 1.21 Defective Work: Work that is unsatisfactory,faulty, or deficient, or that does not conform to the Contract Documents, or does not meet the requirements of any inspection,reference standard,test or approval referred to in the Contract Documents,or Work that has been damaged prior to the CONSULTANT's recommendation of final payment. 1.22 Drawings:The drawings,plans,maps,profiles,diagrams,and other graphic representations which show character,location,nature,extent and scope GENERAL CONDITIONS 18 page 55P Af C14 of the Work,which have been prepared or approved by CONSULTANT and are included and/or referred to in the Contract Documents. Shop Drawings are not Drawings as defined in this paragraph. 1.23 Effective Date of the Contract: The date indicated in the Contract,but if no such date is indicated,it means the last date on which the Contract is signed by the last of all parties to execute the Contract. 1.24 Field Order: A written order issued by the CITY's Project Manager or the CONSULTANT which clarifies or interprets the Contract Documents. The Field Order shall not impact Contract Price or Contract Time. 1.25 General Requirements:See General Conditions and Section 1 of the Technical Specifications as Special Conditions. 1.26 Laws and Regulations;Laws or Regulations:Laws,rules,codes,regulations,ordinances and/or orders promulgated by a lawfully constituted body authorized to issue such Laws and Regulations,either federal,state or local. 1.27 Local Public Agency: Any public entity which has regulatory jurisdiction over any part of the Work during the construction project. 1.28 Notice to Proceed:The written notice issued by the CITY,or its agents,to the CONTRACTOR authorizing the CONTRACTOR to proceed with the Work and establishing the date of commencement of the Contract Time,and the date the Contract Work to be completed. 1.29 Partial Utilization:Placing a portion of the Work in service for the purpose for which it is intended(or a related purpose)before reaching Substantial Completion for all the Work. 1.30 Project:The total construction of which the Work to be provided under the Contract Documents. 1.31 Resident Project Representative:The authorized representative of the CONSULTANT who is assigned to the Site or any part thereof. 1.32 Responsible Bidder,Offeror,Quoter,or Respondent:An individual or business that has submitted a bid,offer,proposal,quotation,or response, which has the capability in all respects to perform fully the Contract requirements,and the integrity and reliability which will give reasonable assurance of good faith and performance. 1.33 Responsive Bidder,Offeror,Quoter,or Respondent,Vendor,Contractor:an individual,or business that has submitted a bid,offer,proposal, quotation,or response,which conforms in all material respects to the solicitation,including but not limited to compliance with any W/MBE requirements contained within the solicitation. 1.34 Shop Drawings:All drawings,diagrams, illustrations, brochures,schedules and other data which are prepared by or for the CONTRACTOR,a Subcontractor,manufacturer,supplier or distributor and which illustrate the equipment,material or some portion of the Work and as required by the Contract Documents.Shop Drawings are not part of the Contract Documents and failure of the CONSULTANT or the CITY or any of its representatives to take exception to any product,material,system or installation depicted on Shop Drawings that are not in conformance with the requirements of the Contract Documents shall not constitute a Field Order or Change Order or any other modification of the Contract Documents,and shall not relieve the CONTRACTOR from complying with any portion of the Contract Documents. 1.35 Special Conditions:When included as part of the Contract Documents,Special Conditions refer only to the Work under this Contract. Special Conditions take precedence over the General Conditions. 1.36 Specifications:Those portions of the Contract Documents consisting of written technical descriptions of materials,equipment,construction systems, standards or workmanship as applied to the Work and certain administrative details applicable thereto. 1.37 Sub-Bidder:One who submits a Bid to a Bidder. 1.38 Sub-Contractor: An individual, firm, or corporation having a direct contract with the CONTRACTOR or with any other Sub-Contractor for the performance of a part of the Work at the Site. 1.39 Substantial Completion:For purposes of this Contract,and for compliance of those procedures,duties and obligations as set forth in Florida Statutes §218.70 and§218.735,the term Substantial Completion shall be as follows,in lieu of any other definition: a. "Substantial Completion"is defined as the point where the CITY is able to enjoy beneficial occupancy of the WORK and where the Work has achieved that level of completion such that the CITY is able to utilize the entire Project for its intended purposes,including but not limited to the completion of all specified systems and items relating to life safety and regulatory use,with the exception of incidental or incomplete items where a lack of completion of such incidental or incomplete items of Work shall adversely affect the complete operation of other areas of the Work. b. Additional conditions(if any)needed to achieve Substantial Completion of the Work and which are project specific as set forth in attached Special Conditions. C. When the entire Project is considered to be Substantially Complete,this does not constitute Final Acceptance or Final Completion of the entire Project. 1.40 Successful Bidder: The lowest,qualified,responsible and responsive Bidder to whom the CITY(on the basis of the CITY's evaluation as hereinafter provided)makes an award. 1.41 Supplementary General Conditions: The part of the Contract Documents which amends or supplements these General Conditions. 1.42 Supplier:A manufacturer,fabricator,supplier,distributor,material man,or vendor. 1.43 Surety:The corporate bodywhich is bound with the CONTRACTOR and which engages to be responsible for the CONTRACTOR and their acceptable performance of the Work. GENERAL CONDITIONS 19 _X nAA 1.44 Unbalanced Bids: a. Mathematically Unbalanced Bid: a bid containing lump sum or unit bid items which do not reflect reasonable actual costs plus a reasonable proportionate share of the bidder's anticipated profit,overhead costs,and other indirect costs. b. Materially Unbalanced Bid:a bid which generates a reasonable doubt that award to the Bidder submitting a mathematically unbalanced bid will result in the lowest ultimate cost to the CITY,or which is so mathematically unbalanced as to result in an advanced payment. 1.45 Unit Price Work:Work to be paid for on the basis of unit prices. 1.46 Utilities:All pipelines,conduits,ducts,cables,wires,manholes,vaults,tanks,tunnels,or other such facilities or attachments,and any encasements containing such facilities which have been installed underground or above ground to furnish any of the following services or materials:electricity,gases, steam,liquid petroleum,telephone,or other communications,cable television,water supply or distribution,sewage and drainage removal,traffic or other control systems. 1.47 Work:Any and all obligations,duties,and responsibilities necessary to the successful completion of the Project assigned to or undertaken by the successful Bidder/CONTRACTOR under the Contract Documents,including all labor,materials,equipment,and other incidentals,and the furnished thereof. 1.48 Written Amendment:A written amendment of the Contract Documents,signed by the CITY and CONTRACTOR on or after the Effective Date of the Contract. ARTICLE 2—PRELIMINARY MATTERS 2.1 DELIVERY OF BONDS AND INSURANCE CERTIFICATES: 2.1.1 The CONTRACTOR shall deliver to the CITY such Bonds and Insurance Policies,Certificates or other documents as the CONTRACTOR may be required to furnish in accordance with the Contract Documents. The aforementioned documents must be submitted to the CITY prior to any work being performed. 2.2 COPIES OF DOCUMENTS: 2.2.1 The CITY shall furnish to CONTRACTOR ONE(1)copy(unless additional copies exist)of the Conformed Contract Documents for the execution of the Work. CONTRACTOR shall be responsible for procuring additional copies from the CONSULTANT. 2.3 NOTICE TO PROCEED: 2.3.1 The Contract Times shall commence to run on the date stated in the Notice to Proceed. 2.4 COMMENCEMENT THE WORK: 2.4.1 CONTRACTOR shall begin to perform the Work on the commencement date stated in the Notice to Proceed,but no Work shall be done at the Site prior to such commencement date. 2.4.2 CONTRACTOR's Review of the Contract Documents: Before undertaking each part of the Work,CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements. CONTRACTOR shall promptly report in writing to CONSULTANT any conflict,error,ambiguity or discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or clarification from CONSULTANT before proceeding with any Work affected thereby. 2.5 PRE-CONSTRUCTION MEETING: 2.5.1 The CONTRACTOR is required to attend a preconstruction meeting within ten(10)days after the effective date of the Contract,but before any Work at the Site is started(unless otherwise specified in the Special Conditions).This meeting shall be attended by the CITY, CONSULTANT and others as appropriate in order to discuss the Work. 2.5.2 The CONTRACTOR's initial schedule for shop drawings submittals,obtaining permits and Plan of Operation and Critical Path Method (CPM)Schedule shall be reviewed and finalized. As a minimum,the CONTRACTOR's representatives should include its project manager and schedule expert. If the submittals are not finalized at the end of the meeting,additional meetings shall be held so that the submittals can be finalized prior to the submittal of the first Application for Payment. No Application for Payment shall be processed prior to receiving acceptable initial submittals from the CONTRACTOR. 2.5.3 CITY shall schedule pre-construction meeting. 2.5.3.1 Attendance Required: CITY's Project Manager, CONSULTANT, and CONTRACTOR/CM Project Manager and Superintendent. 2.5.3.2 Agenda:Distribution of Conformed Contract Documents,Confirmation based on prior submission(during Bid process)of the list of Subcontractors,list of Products,Project Safety Plan,Schedule of Values and Progress Schedule. 2.5.3.3 Designation of personnel representing the parties in Contract and the CONSULTANT. 2.5.3.4 Procedures and processing of field decisions,submittals,substitutions,applications for payments,proposal requests,Change Orders,and Contract close-out procedures. 2.5.3.5 Issuance of Notice to Proceed. 2.5.3.6 Copies of the Application for Payment, Change Order, Submittal Requirements/Record, Request for Information (RFI), Shutdown Request,Boynton Beach Department of Engineering Right-of-Way Permit Procedure and Project Sign format will be distributed. GENERAL CONDITIONS 20 page 551; Af C14 2.6 SITE MOBILIZATION MEETING: 2.6.1 CITY will schedule a meeting at the Project Site prior to CONTRACTOR occupancy. 2.6.2 Attendance Required:CITY,CONSULTANT,Special Consultants,and CONTRACTOR,CONTRACTOR's superintendent,and major Sub- Contractors. 2.6.3 Agenda: 2.6.3.1 Use of premises by CITY and CONTRACTOR. 2.6.2.1 CITY's requirements and partial occupancy. 2.6.2.2 Construction facilities and controls provided by CITY. 2.6.2.3 Temporary utilities provided by the CITY. 2.6.2.4 Survey and building layout 2.6.2.5 Security and housekeeping procedures. 2.6.2.6 Schedules 2.6.2.7 Application for Payment Procedures 2.6.2.8 Procedures for testing 2.6.2.9 Procedures for maintaining record documents. 2.6.2.10 Requirements for start-up of equipment. 2.6.2.11 Inspection and acceptance of equipment put into service during construction period. 2.6.2.12 CONSULTANT shall record minutes and distribute copies within two(2)days after meeting to participants,with copies to all, participants including CONTRACTOR,and those affected by decisions made. 2.7 PROGRESS MEETINGS 2.7.1 Schedule and administer meetings throughout progress of the Work at maximum monthly intervals. Make arrangements for meetings, prepare agenda with copies for participants,and preside at meetings. 2.7.2 Attendance Required:Job superintendent,major Sub-Contractors and suppliers,CITY,CONSULTANT,as appropriate to agenda topics for each meeting. 2.7.3 Agenda: 2.7.3.1 Review minutes of previous meetings. 2.7.3.2 Review of work progress. 2.7.3.3 Field observations,problems and decisions. 2.7.3.4 Identification of problems that impeded planned progress. 2.7.3.5 Review of submittal,schedule and status of submittals. 2.7.3.6 Review of off-site fabrication and delivery schedules. 2.7.3.7 Maintenance of progress schedule. 2.7.3.8 Corrective measures to regain projected schedules. 2.7.3.9 Planned progress during succeeding work period. 2.7.3.10 Coordination of projected progress. 2.7.3.11 Maintenance and quality of work standards. 2.7.3.12 Effect of proposed changes on progress schedule and coordination. 2.7.3.13 Other business related to work. 2.7.3.14 Record minutes and distribute copies within two(2)days after meeting to participants,with copies to CONSULTANT,CITY, and those affected by decisions made. 2.8 PRE-INSTALLATION MEETING: 2.8.1 When required in individual specification section,convene a pre-installation meeting at the site prior to commencing work on the section. 2.8.2 Require attendance of parties directly affecting,or affected by,work of the specific section. 2.8.3 Notify CITY and CONSULTANT five(5)working days in advance of meeting date. 2.8.4 Prepare agenda and preside at meeting. 2.8.5 Review conditions of installation,preparation and installation procedures. 2.8.6 Review coordination with related work. 2.8.7 Record minutes and distribute copies within three(3)days after meeting to participants with copies to CONSULTANT,CITY and those affected by decisions made. 2.9 FINALIZING SCHEDULES: 2.9.1 Within ten(10)days of receiving the Notice to Proceed,the CONTRACTOR shall submit the final schedule approved by the CITY and CONSULTANT. The finalized progress schedule shall be acceptable to the CITY as providing an orderly progression of the Work to completion within the Contract Time. Such acceptance shall neither impose on the CITY's responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full responsibility thereof. The finalized schedule of Shop Drawing submissions shall be acceptable to the CITY as providing a workable arrangement for processing the submissions. The finalized Schedule of Values shall be acceptable to the CITY as to form and substance. GENERAL CONDITIONS 21 page 55r- Af C14 2.10 SUBMITTAL PROCEDURES: 2.10.1 SCOPE OF WORK:Administrative and procedural requirements for processing of submittals during construction process.Submittals may include the following: a) Proposed Products Lists b) Proposed Vendor List c) Product Data d) Shop Drawings e) Samples f) Design Data g) Field Test Reporting h) Quality Control Reporting i) Certificates j) Manufacturer's Installation,Handing and Storage Instructions k) Manufacturer's Field Reports 1) Erection Drawings m) Close-out Documents n) Warranties o) Scheduling of Work p) Construction Progress Schedule q) Submittals Schedule r) Survey and Layout Data s) Construction Progress Reporting t) Periodic Work Observation u) Photographic Documentation v) Purchase Order Tracking w) Operation and Maintenance Documentation 2.10.2 RELATED SECTIONS: A. Payment Procedures B. Project Coordination C. References D. Quality Control E. Product Storage and Handling Requirements F. Close-out Submittals 2.10.2.1 SEE 2.10.2 RELATED SECTIONS AND SUBMITTAL SECTIONS 2.10.1 FOR INDIVIDUAL SUBMITTAL PROCEDURES. 2.10.3 SUBMITTAL PROCEDURES-GENERAL 2.10.3.1 Submittal Procedures shall be in conformance with General Conditions of the Contract and as amended by the CITY. 2.10.3.2 Transmit each submittal with CITY's Standard Transmittal Form. 2.10.3.3 Sequentially number each transmittal form. Revise submittals with original number and a sequential alphabetic suffix. 2.10.3.4 Identify project,CONTRACTOR,Sub-Contractor or supplier pertinent drawing and detail number,and specification section number,as appropriate. 2.10.3.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval,verification of products required,field dimensions,adjacent construction work,and coordination of information are in accord with requirements of the Work and Contract Documents. 2.10.3.6 Schedule submittals to expedite the Project,and delivery to CONSULTANT and CITY at business address. Coordinate submission of related items. 2.10.3.7 For each submittal for review,allow fifteen(15)days including delivery time to and from the CONTRACTOR. 2.10.3.8 Identify variations from Contract Documents and product or system limitations,which may be detrimental to successful performance of the completed Work. 2.10.3.9 Provide space for CONTRACTOR and CONSULTANT review stamps. 2.10.3.10 When revised for resubmission,identify all changes made since previous submission. 2.10.3.11 Distribute copies of reviewed submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 2.10.3.12 Submittals not requested will not be recognized or processed. 2.10.4 PRODUCT DATA 2.10.4.1 Product Data for Review: 2.10.4.1.1 Submit to CONSULTANT for review for purpose of checking for conformance with information given and design concept expressed in Contract Documents. 2.10.4.1.2 After review,provide copies and distribute per Submittal Procedures article above and for Record Documents purposes described in the Special Conditions 01740"Project Documentation and Closeout." 2.10.4.2 Product Data for Project Information: 2.10.4.2.1 Submittal for CONSULTANT's knowledge as contract administrator for CITY. 2.10.4.3 Product Data for Project Close-out. GENERAL CONDITIONS 22 Page 557, of 944 2.10.4.3.1 Submit for CITY's benefit during and after the project completion. 2.10.4.4 Submit required number of copies as per CONTRACTOR/CM,plus two(2)copies for CONSULTANT. 2.10.4.5 Mark each copy to identify applicable products,models,options and other data. 2.10.4.6 Supplement manufacturers'standard data to provide information unique to project. 2.10.4.7 Indicate product utility and electrical characteristics,utility connection requirements,and location of utility outlets for service for functional equipment and appliances. 2.10.4.8 After review,distribute in accord with Submittal Procedures article above and provide copies for Record Documents described in the Special Conditions 01740"Project Documentation and Closeout." 2.10.5 CONSTRUCTION SUBMITTALS 2.10.5.1 Submit one(1)copy of Building Permit,Site Permits,Environmental Permits,or other permits required for construction of work. 2.10.5.2 Submit Payment Applications to CONSULTANT for review for purpose of checking conformance with information given and design concept expressed in Contract Documents. 2.10.5.3 Certificates 2.10.5.3.1 When specified, submit certification by manufacturer, installation/application Sub-Contractor, or CONTRACTOR to CONSULTANT,in quantities specified for Product Data. 2.10.5.3.2 Indicate material or Product conforms to or exceeding specified requirements. 2.10.5.3.3 Submit supporting reference date,affidavits,and certifications as appropriate. 2.10.5.3.4 Certificates may be recent or previous test results on material or Product,but must be acceptable to CONSULTANT. 2.10.5.4 Manufacturer's Instructions: 2.10.5.4.1 When specified, submit printed instructions for delivery, storage, assembly, installation, start-up, adjusting, and finishing,to CONSULTANT for delivery to CITY in quantities specified for Product Data. 2.10.5.4.2 Indicate special procedures,perimeter conditions requiring special attention,and special environmental criteria required for application or installation. 2.10.5.4.3 Refer to Quality Control and Warranty sections for quality assurance requirements. 2.10.5.5 Manufacturer's Field Reports: 2.10.5.5.1 Submit reports to CONSULTANT and CITY's Project Manager. 2.10.5.5.2 Submit report within ten(10)days of observation to CONSULTANT. 2.10.5.5.3 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6 Erection Drawings: 2.10.5.6.1 Submit drawings to CONSULTANT and CITY's Project Manager. 2.10.5.6.2 Submit for information for purpose of assessing conformance with information given and design concept expressed in Documents. 2.10.5.6.3 Data indicating inappropriate or unacceptable work is subject to rejection by CONSULTANT or CITY. ARTICLE 3—USE OF CONTRACT DOCUMENTS 3.1 INTENT: 3.1.1 The Contract Documents comprise the entire agreement between the CITY and CONTRACTOR concerning the Work. The Contract Documents are complementary:what is called for by one is as binding as if called for by all. The Contract Documents shall be construed in accordance with the laws of the State of Florida with venue in Palm Beach County,Florida. 3.1.2 It is the intent of the Contract Documents to describe the Work,functionally complete,to be constructed in accordance with the Contract Documents. Any labor,documentation,services,materials,or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result shall be provided whether or not specifically called for. 3.2 REFERENCE TO STANDARDS: 3.2.1 Reference to standard specifications,manuals or codes of any technical society,organization,or association,or to the Laws or Regulations of any governmental authority,whether such reference be specific or by implication,shall mean the latest standard specification,manual, code or Laws or Regulations in effect at the time of opening of Bids,except as maybe otherwise specifically stated. However,no provision of any referenced standard specification,manual or code(whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties or responsibilities of the CITY, CONTRACTOR or CONSULTANT or any of their agents or employees from those set forth in the Contract Documents,nor shall it be effective to assign to CITY,CONSULTANT,or CONSULTANT's agents or employees,any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of the Contract Documents. GENERAL CONDITIONS 23 page 55A Af C14 3.3 REVIEW OF CONTRACT DOCUMENTS: 3.3.1 The Contract Documents which comprise the Contract between the CITY and the CONTRACTOR are attached hereto and made part hereof and consist of the following: 3.3.1.1 The Purchase Order 3.3.1.2 Contractor's Bid and Bid Bonds 3.3.1.3 Bid Documents consisting of: 3.3.1.4 Invitation to Bid and Instructions to Bidders 3.3.1.5 General Conditions 3.3.1.6 Supplemental Conditions 3.3.1.7 Technical Specifications 3.3.1.8 All Plans 3.3.1.9 All Addenda 3.3.1.10 Recorded Public Construction Performance and Payment Bond in a form supplied by the CITY,which shall be provided to the CITY by the CONTRACTOR, along with the return of an executed Purchase Order. The CONTRACTOR shall be responsible for recording the Public Construction Bond. 3.3.1.11 Insurance Certificates shall be provided by the CONTRACTOR,along with the return of an executed copy of the Contract. 3.3.1.12 Any modifications,including change orders,duly delivered after execution of this Contract. 3.3.1.13 Executed Notice to Proceed 3.3.2 Except for duly authorized and executed Modifications including but not limited to change orders and contract amendments,any conflict between the terms and conditions of this Contact and the terms and conditions of any of the other Contract Documents shall be interpreted in favor of this Contract. 3.3.3 If, during the performance of the Work, CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, the CONTRACTOR shall so notify the CONSULTANT,in writing,at once and before proceeding with the Work affected thereby,and shall obtain written interpretation or clarification except in an emergency as authorized in paragraph 6.13 3.4 ORDER OF PRECEDENCE OF CONTRACT DOCUMENTS: 3.4.1 In resolving conflicts resulting from errors or discrepancies in any of the Contract Documents,the order of precedence shall be as follows. 1. Change Order 2. Construction Contract or Purchase Order. 3. Addenda,with later date having greater priority. 4. Bid Form 5. Special Conditions 6. Supplemental General Conditions 7. Invitation to Bid 8. Instructions to Bidders 9. General Conditions 10. Technical Specifications 11. Contract Drawings The captions or subtitles of the several articles and divisions of these Contract Documents constitute no part of the context and hereof, but are only labels to assist in locating and reading the provisions hereof. However,In the event of inconsistent or conflicting provisions of the Purchase Order or Contract and referenced documents,the following descending order of precedence shall prevail: 1. Specifications 2. Drawings 3. Special/Supplemental Conditions 4. General Conditions 5. Item Description. 3.4.2 With reference to Drawings,the order of precedence is as follows: 1. Figures govern over scaled dimensions. 2. Detail drawings govern over general drawings. 3. Addenda/Change Order drawings govern over any other drawings. 4. Drawings govern over standard drawings. 3.4.3 Except as otherwise specifically stated in the Contract Documents or as may be provided by amendment or supplement thereto issued by one of the methods indicated in paragraph 3.5(Amending of Contract Documents),the provisions of the Contract Documents shall take precedence in resolving any conflict,error,ambiguity or discrepancy between the provisions of the Contract Documents and: 1. the provisions of any such standard,specifications,manual,code or instruction(whether or not specifically incorporated by reference in the Contract Documents),or 2. The provisions of any such Law or Regulations applicable to the performance of the Work(unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). 3. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of CITY,CONTRACTOR or CONSULTANT,or any of their Sub-Contractors,agents or employees from those set forth in the Contract Documents,nor shall it be effective to assign to CITY,CONSULTANTS or any of CONSULTANT's agents or employees any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of para 9.11 (Limitations on Consultant) or any other provision of the Contract Documents. GENERAL CONDITIONS 24 Page 55CI Af C14 3.5 AMENDING CONTRACT DOCUMENTS: 3.5.1 The Contract Documents may be amended to provide for additions,deletions and revisions in the Work or to modify the terms and conditions thereof by a Change Order(pursuant to Article 10,Changes in Work). 3.5.2 Additionally,the requirements of the Contract Documents may be supplemented and minor variations and deviations in the Work may be authorized,in one or more of the following ways: 3.5.2.1 A Change Order(pursuant to paragraph 10,Changes in Work) 3.5.2.2 CONSULTANT's approval of a Shop Drawings or sample(pursuant to paragraph 6.11,Shop Drawings and Samples),or 3.5.2.3 CONSULTANT's written interpretation or clarification(pursuant to paragraph 9.4,Clarifications and Interpretations). 3.6 REUSE OF DOCUMENTS: 3.6.1 Neither CONTRACTOR nor any Sub-Contractor or Supplier or other persons or organizations performing or furnishing any of the Work under a direct or indirect contract with the CITY shall have or acquire any title to or ownership rights in any of the Contract Documents, drawings,Special Conditions or other documents used on the Work,and,they shall not reuse any of these on extensions of the Project or any other project without prior written consent of the CITY and CONSULTANT. ARTICLE 4—SITE OF WORK 4.1 AVAILABILITY OF LANDS: 4.1.1 The CITY shall furnish,as indicated in the Contract Documents,the lands upon which the Work is to be performed,rights-of-way and easements for access thereto and such other lands which are designated for the use of the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities shall be obtained and paid for by the CITY,unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the CONTRACTOR exclusive occupancy of the lands of rights-of-way provided. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities of storage of materials and equipment. 4.1.2 Occupying Private Land:The CONTRACTOR shall not enter upon nor use any property not under the control of the CITY until a written temporary construction easement agreement has been executed by the CONTRACTOR and the property owner,and a copy of such easement furnished to the CITY and CONSULTANT prior to said use,and neither the CITY nor the CONSULTANT shall be liable for any claims or damages resulting from the CONTRACTOR's trespass on or use of any such properties. The CONTRACTOR shall provide the CITY with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work. 4.1.3 Work in State,County and CITY Rights-of-Way and Easements:When the Work involves the installation of sanitary sewers,storm sewers, drains,water mains,manholes, underground structures,or other disturbances of existing features in or across streets, rights-of-way, easements,or other property;the CONTRACTOR shall(as the Work progresses)promptly back-fill,compact,grade and otherwise restore the disturbed area to a basic condition which shall permit resumption of pedestrian or vehicular traffic and any other critical activity or function consistent with the original use of the land. Unsightly mounds of earth,large stones,boulders,and debris shall be removed so that the Site presents a neat appearance as part of the Contract. 4.1.4 Work Adjacent to Telephone,Power,Cable TV,and Gas Company Structures:In all cases where Work is to be performed near telephone, power,water,sewer,drainage,cable TV,or gas company facilities,the CONTRACTOR shall provide written notification to the respective companies of the areas of which Work is to be performed,prior to the actual performance of any Work in these areas. 4.1.5 Use of Public Streets:The use of public streets and alleys shall be such as to provide a minimum of inconvenience to the public and to other vehicular and non-vehicular traffic. The CONTRACTOR shall remove any earth or excavated materials spilled from trucks and clean the streets to the satisfaction of the CITY,the CONSULTANT,the Florida Department of Transportation,or other agency or governmental entity having jurisdiction,as applicable. 4.2 REPORTS OF PHYSICAL CONDITIONS: 4.2.1 Subsurface Explorations:Where applicable,reference is made in the Special Conditions for identification of those reports of explorations and tests of subsurface conditions at the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.2 Existing Structures:Where applicable,reference is made to the Special Conditions for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures(except Underground Facilities referred to in paragraph 4.3 herein) which are at or contiguous to the Site that have been utilized by CONSULTANT in preparation of the Contract Documents. 4.2.3 Neither the CITY nor CONSULTANT makes any interpretation as to the completeness of the reports or drawings referred to in paragraphs 4.2.1 "Subsurface Explorations" or 4.2.2"Existing Structures" above or the accuracy of any data or information contained herein. CONTRACTOR may rely upon the general accuracy of the technical data contained in such reports and drawings but not for the completeness thereof for CONTRACTOR"s purposes including but not limited to, any aspects of the means, methods, techniques, sequences,and procedures of construction to be employed by the CONTRACTOR and safety precautions and programs incident thereto. The CONTRACTOR may not rely upon any interpretation of such technical data,including any interpolation or extrapolation thereof,or any non-technical data,interpretations,and opinions contained therein. 4.2.4 Where the dimensions and location of existing structures are of importance to the installation or connection of new Work, the CONTRACTOR shall verify such dimensions and locations in the field before the fabrication of any materials or equipment which is dependent on the correctness of such information. There shall be no additional cost to the CITY for CONTRACTOR's failure to verify such dimensions and locations, or for inaccurate verifications by CONTRACTOR. CONTRACTOR shall bear the full cost of any GENERAL CONDITIONS 25 modifications to the Work which result from subsurface conditions which result from subsurface conditions which could have been reasonably been discovered prior to commencement of the Work or a portion of the work. 4.3 PHYSICAL CONDITIONS—UNDERGROUND FACILITIES: 4.3.1 Indicated:The information and data indicated in the Contract Documents with respect to existing Underground Utilities at or contiguous to the Site is based on information and data furnished to the CITY or CONSULTANT by the owners of such Underground Facilities or by others. 4.3.1.1 The CITY and CONSULTANT shall not be responsible for the accuracy or completeness of any such information or data,and 4.3.1.2 The CONTRACTOR shall notify the Underground Service Alert(USA)System,Phone No.1-800-227-2600 and Sunshine State One Call Services(1-800-432-4770)at least forty-eight(48)hours in advance of the commencement of Work at any site to allow the member of utilities to examine the construction site and mark the location of the utilities'respective facilities. 4.3.1.3 The CONTRACTOR acknowledges that some(or all)of the utility companies with facilities shown on the drawings may not be members of the USA System or Sunshine State One Call Services,and therefore,not automatically contacted by the above referenced telephone number.The CONTRACTOR will be responsible for making themselves aware of utility company facilities not reported by the USA System or Sunshine State One Call Services,and shall be liable for any and all damages stemming from repair or delay costs or any other expenses resulting from the unanticipated discovery of underground utilities. The CONTRACTOR shall be responsible for notifying all of the utilities at least forty-eight(48) hours in advance of the commencement of Work at any site to allow the utilities to examine the construction site and mark the location of the utilities' respective facilities. The CONTRACTOR shall also be responsible for verifying that each utility has responsibly responded to such notification. 4.3.1.4 CONTRACTOR shall have full responsibility for reviewing and checking all such information and data. Further, the CONTRACTOR shall be responsible for locating all Underground Facilities whether or not shown or indicated in Contract Documents,for coordination of the Work with the owners of such Underground Facilities during construction,for the safety and protection thereof as provided in paragraph 6.10,and repairing any damage thereto resulting from Work,the cost of all of which shall be considered as having been included in the Contract Price. 4.3.1.5 All water pipes,sanitary sewers,storm drains,force mains,gas mains,or other pipes,telephone or power cables or conduits, pipe or conduit casings,curbs,sidewalks,service lines,and all other obstructions,whether or not shown,shall be temporarily removed from or supported across utility line excavations. Where it is necessary to temporarily interrupt services, the CONTRACTOR shall notify both the CITY and occupant of such facilities five(5)calendar days before the interruption and again immediately before service is resumed. Before disconnecting any pipes or cables,the CONTRACTOR shall obtain permission from the CITY or occupant,or shall make suitable arrangements for their disconnection by the CITY or occupant. The CONTRACTOR shall be responsible for all damages to any such pipes,conduits or cables,and shall restore them to service promptly,as part of the Work,as soon as the Work has progressed past the point involved. Approximate locations of known water,sanitary,drainage,natural gas,power,telephone and cable TV installations along the route of new pipelines or in the vicinity of new Work are shown,but are to be verified in the field by the CONTRACTOR prior to performing the Work. The CONTRACTOR shall uncover these pipes,ducts,cables, etc. carefully by hand prior to installing their work. Any discrepancies or differences found shall be immediately brought to the attention of the CONSULTANT in order that necessary changes may be made to permit installation of the Work. 4.3.2 Not Indicated: If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown,nor located by the facilities owner and which CONTRACTOR could not reasonably have been expected to be aware of,CONTRACTOR shall promptly,after becoming aware of thereof and before performing any Work affected thereby(except in an emergency as permitted by paragraph 6.10), identify the owner of such Underground Facility and give written notice thereof to that owner, the CITY and CONSULTANT. The CONSULTANT shall promptly review the Underground Facility to determine the extent to which the Contract Documents should be modified to reflect and document the consequences of the existence of the Underground Facility.The Contract Documents shall be amended or supplemented to the extent necessary.During such time,CONTRACTOR shall be responsible for the safety and protection of such Underground Facility as provided in paragraph 6.13. 4.4 DIFFERING SITE CONDITIONS 4.4.1 The CONTRACTOR shall notify the CONSULTANT in writing,of the following unforeseen conditions, hereinafter called differing Site conditions,within twenty-four(24)hours upon their discovery(but in no event later than seven(7)days after their discovery)and before they are disturbed: 4.4.1.1 Subsurface or latent physical conditions at the Site of Work differing materially from those indicated,described,or delineated in the Contract Documents,including those reports discussed in paragraph 4.2 and 4.3(Physical Conditions,Underground Facilities),and 4.4.1.2 Any unknown physical conditions at the Site of the Work of an unusual nature differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents including those reports and documents discussed in paragraph 4.2 and 4.3 4.4.2 CONSULTANT shall promptly review the pertinent conditions,determine the necessity of obtaining additional explorations or tests with respect thereto,and advise the CITY in writing(with a copy to the CONTRACTOR)of CONSULTANT's findings and conclusions. 4.4.3 If CONSULTANT concludes that because of newly discovered conditions a change in the Contract Documents is required,a Change Order shall be issued as provided in Article 10(Changes in Work)to reflect and document the consequences of the difference. 4.4.4 In each such case, an increase or decrease in the Contract Price or an extension or shortening of the Contract Time, or any combination thereof,shall be allowable to the extent that they are attributable to any such inaccuracy or difference.No such change shall occur if the differing site conditions could reasonably have been discovered by CONTRACTOR prior to commencement of Work, or a portion of the Work,through the subsurface explorations described in Sections 4.2 and 4.3. If the CITY and CONTRACTOR are unable to agree as to the amount or length thereof,a claim may be made therefor as provided in Article 11(Change of Contract Price) GENERAL CONDITIONS 26 and Article 12(Change of Contract Time). 4.4.5 The CONTRACTOR's failure to give notice of differing Site conditions within twenty-four(24)hours or no later than seven(7)days of their discovery and before they are disturbed, shall constitute a waiver of all claims in connection therewith,whether direct or consequential in nature. 4.5 REFERENCE POINTS: 4.5.1 The CITY shall provide,if available,engineering surveys to establish reference points for construction,which in CONSULTANT'sjudgment are necessary to enable CONTRACTOR to proceed with the Work. 4.5.2 CONTRACTOR shall be responsible for laying out the Work(unless otherwise specified in the General Requirements),shall protect and preserve the established reference points and shall make no changes or relocations without the prior written approval of the CITY. The CONTRACTOR shall report to the CONSULTANT whenever any reference point is lost or destroyed or requires relocation because of necessary changes in grades or locations,and shall be responsible for the accurate replacement or relocation of such reference points by professionally qualified personnel. ARTICLE 5—BONDS AND INSURANCE 5.1.1 CONTRACTOR shall upon delivery of the executed Contract or receipt of Award letter from the CITY,furnish Performance and Payment Bonds,each in an amount at least ONE HUNDRED PRECENT(100%)of the Contract Price as security for the faithful performance and payment of all CONTRACTOR's obligations under the Contract Documents. Said bonds must be provided to the CITY within ten(10) business days of the Award Letter or delivery of a Purchase Order or contract to the CONTRACTOR to execute and return to the CITY; or the CITY,at its sole discretion and option may terminate the contract. These bonds shall remain in effect at least until one(1)year after the date when final payment becomes due,except as otherwise provided by Law or Regulation or by the Contract Documents. CONTRACTOR shall also furnish such other Bonds as are required by the Special Conditions. Each Bond shall be furnished in an amount equal to ONE HUNDRED PERCENT(100%)of the amount of the Contract award. The form and conditions of the Bond and the Surety shall be as specified and supplied by the CITY in the Bid Documents. 5.1.2 The Surety shall be a nationally recognized Surety Company,acceptable to the CITY,listed on the current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and Acceptable Reinsuring Companies"as published in Circular 570 (amended) by the Audit Staff,Bureau of Government Financial Operations vs Treasury Department,and meet other requirements of Section 287.0935 Florida Statutes. For projects exceeding five hundred thousand dollars($500,000),all bonds shall be placed with sureties with Best Ratings as stated below: The name,address,and telephone number of the surety and its agent must be listed on the bond. 5.1.3 For contracts up to$499,999.99,the surety shall have twice the minimum surplus and capital required by the Florida Insurance Code at the time the Bid is issued for the Work,otherwise the surety shall have the minimum ratings: CONTRACT AMOUNT BEST KEY RATING Under$500,000 Class IX A or better $500,000 to Class XI A or $2,499,999.99 better Over$2,500,000 Class XIV A or better 5.1.4 The Bond shall specifically incorporate and acknowledge the Surety's responsibility for liquidated damages. 5.1.5 Bonds shall be executed and issued by a registered agent,licensed and having an office in the State of Florida representing such corporate sureties. 5.1.6 If the CONTRACTOR is a partnership,the Bond shall be signed by each of the individuals who are partners,if a corporation,the Bond shall be signed in the correct corporate name by duly authorized officer,agent,or attorney-in-fact. There shall be an appropriate number of executed counterparts of the bond corresponding to the number of counterparts in the Contract. Each executed bond shall be accompanied by a)appropriate acknowledgement of the respective parties;b)appropriate duly certified copy of Power-of-Attorney or other certification of authority where Bond is executed by agent,officer or other representative of CONTRACTOR or Surety;c)duly certified extract from by-laws or resolutions of Surety under which Power-of-Attomey,or other certificate of Authority of its agent, officer or representative was issued. 5.1.7 If the Surety on any Bond furnished by CONTRACTOR is declared bankrupt or becomes insolvent,or its right to do business is terminated in the state of Florida or it ceases to meet the requirements of paragraph 5.1.3 and 5.1.4,CONTRACTOR shall within five(5)days thereafter substitute another Bond and Surety, both of which must be in conformance with paragraph 5.1.3 and 5.1.4. Under no circumstances shall the successful CONTRACTOR begin Work until they have supplied to the CITY Performance and Payment Bonds and Affidavit for Bond using the CITY's form,and the CITY has approved the Bond. 5.1.8 The Bonds must be recorded in the Legal Records Department of Palm Beach County,Florida. Proof of recordation must be submitted to Procurement Services Division.The Bond number must be stated on the first page of the Bond. GENERAL CONDITIONS 27 5.2 INSURANCE. 5.2.1 The CONTRACTOR agrees to,in the performance of Work and services under this Agreement,comply with all federal,state,and local laws and regulations now in effect,or hereinafter enacted during the term of this Agreement that are applicable to the CONTRACTOR,its employees,agents,or Sub-Contractors,if any,with respect to the Work and services described herein. The CONTRACTOR shall obtain at CONTRACTOR's expense all necessary insurance in such form and amount as required by the CITY's Risk Management Department before beginning work under this Agreement.The CONTRACTOR shall maintain such insurance in full force and effect during the life of this Agreement. The CONTRACTOR shall provide to the CITY's Risk Management Department,all insurance certificates required under this section prior to beginning any work under this Agreement. The CONTRACTOR shall indemnify and save the CITY harmless from any damage resulting to it for failure to either CONTRACTOR or any Sub-Contractor to obtain or maintain such insurance. The following are required types and minimum limits of insurance coverage,which the CONTRACTOR agrees to maintain during the term of this Contract,unless otherwise stated: Occurrence Aggregate Line of Business/Coverage $1,000,000 $2,000,000 Commercial General Liability, including: Premises/Operations Contractual Liability Personal Injury Explosion, Collapse, Underground Hazard Products/Completed Operations Broad Form Property Damage Cross Liability and Severability of Interest Clause Automobile Liability $1,000,000 $2,000,000 (including owned, non- owned,and hired) Worker's Compensation&Employer's Liability-Statutory Limits: $500,000 per each disease $500,000 per each accident and $500,000 each employee 5.2.2 The CITY reserves the right to require higher limits depending upon the scope of work under this Agreement. 5.2.3 Neither the CONTRACTOR nor any Sub-Contractor shall commence work under this Contract until they have obtained all insurance required under this section and have supplied the CITY with evidence of such coverage in the form of an insurance certificate and endorsement. The CONTRACTOR shall ensure that all Sub-Contractors shall comply with the above guidelines and shall maintain the necessary coverage throughout the term of this Agreement. In the CITY's sole discretion,CONTRACTOR's failure to timely secure all required insurance shall void this Agreement and the Bid Award and the CITY may select and contract with another reasonable Bidder. 5.2.4 All insurance carriers shall be rated at least A-VII per A.M.Best's Key Rating Guide and be licensed to do business in Florida. Policies shall be"Occurrence"form. Each carrier shall give the CITY sixty(60)days'notice prior to cancellation. 5.2.5 The CONTRACTOR's general liability insurance policies shall be endorsed to add the CITY of Boynton Beach, its employees, representatives and elected officials as an"additional insured".The CONTRACTOR's Worker's Compensation carrier shall provide a Waiver of Subrogation to the CITY.The CONTRACTOR shall be responsible for the payment of all deductibles and self-insured retentions. 5.2.6 The CITY may require that the CONTRACTOR purchase a contract or performance bond equal to the cost of the Project. If the CONTRACTOR is to provide professional services under this Agreement,the CONTRACTOR must provide the CITY with evidence of Professional Liability Insurance with,at a minimum,a limit of$1,000,000 per occurrence and$2,000,000 in the aggregate. "Claims-Made" forms are acceptable for Professional Liability Insurance. 5.2.7 The CITY may require higher limits for Professional Liability Insurance depending on the size of the project. In any event,the Bidder shall maintain such Professional Liability Insurance in effect for three(3)years after the completion of the Project. 5.2.8 If any operations are to be undertaken or are about navigable waters, the CITY will require coverage included with the Worker's Compensation Insurance,the U.S.Longshoremen and Harbor Workers Act and/or Jones Act. 5.2.9 Should the CITY require the Bidder to carry Builder's Risk Insurance for the Project,it must be in the amount equal to the full replacement cost of the Project. GENERAL CONDITIONS 28 5.2.10 Fulfillment by the Bidder of the insurance provisions does not limit the Bidder's liability to the amount of the policy limits. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.1 CONTRACTOR STATUS: 6.1.1 The CONTRACTOR is an independent contractor and is not an employee or agent of the CITY. Nothing in this Contract shall be interpreted to establish any relationship other than that of an independent contractor,between the CITY and the CONTRACTOR,its employees, agents, Sub-Contractors, or assigns, during or after the performance of this Contract. The CONTRACTOR shall take the whole responsibility for the means,methods,techniques,sequences,and production of the Work. 6.2 CONTRACTOR RISK: 6.2.1 The CONTRACTOR shall bear all losses resulting to CONTRACTOR,on account of the amount or character of the Work,or because of the nature of the ground beneath,in or on which the Work is done is different from what was assumed or expected,or because of bad weather,or because of errors or omissions in their or its bid on the Contract Price,or except as otherwise provided in the Contract Documents because of any other causes whatsoever. Execution of this Contract by the CONTRACTOR is a representation that the CONTRACTOR has visited the Site,has conducted sufficient investigation of the surface and sub-surface conditions in order to submit its bid,has become familiar with the local conditions under which the Work is to be performed,and correlated personal observations with the requirements of the Contract Documents. 6.2.2 The CONTRACTOR shall protect the entire Work,all materials under the Contract and the CITY's property(including machinery and equipment)in,or on,or adjacent to the Site of the Work until final completion of Work,from action of the elements,acts of other contractors, or except as otherwise provided in the Contract Documents,and from any other causes whatsoever,should any damage occur by reason of any of the foregoing,the CONTRACTOR shall repair at their own expense to the satisfaction of the CITY or its Project Manager. Neither the CITY,nor its officers,employees,or agents assume any responsibility for collection of indemnities or damages from any person or persons causing injury to the Work of the CONTRACTOR. 6.2.3 At its expense,the CONTRACTOR shall take all necessary precautions(including without limitation)the furnishing of guards,fences, warning signs,walks,flags,cables and lights for the safety of and the prevention of injury,loss and damage to persons and property. The term"persons"includes without limitations,members of the public,the CITY and its employees and agents,the Project Manager and his/her employees,CONTRACTOR's employees,CONTRACTOR''s Sub-Contractors and Sub-Contractors respective employees,who are on or about or adjacent to the premises where said Work is to be performed.CONTRACTOR shall comply with all applicable provisions of safety laws,rules,ordinances,regulations and orders of duly constituted federal,state,and local authorities and building codes. 6.2.4 The CONTRACTOR assumes all risk of loss,damage and destruction to all of its materials,tools,appliances and property of every description and that of its Sub-Contractors and Sub-Contractor's respective employees or agents, and injury to or death of the CONTRACTOR,its employees,Sub-Contractors or Sub-Contractor's respective employees or agents,including legal fees,court costs or other legal expenses,arising out of or in connection with the performance of this Contract. 6.3 SUPERVISION AND SUPERINTENDENCE: 6.3.1 The CONTRACTOR shall supervise and direct the Work. It shall be solely responsible for the means,methods,techniques,sequences and procedures of construction. The CONTRACTOR shall employ and maintain at the Worksite(s), a qualified supervisor or superintendent who shall have been designated in writing by the CONTRACTOR as its CONTRACTOR's representative at the Site. The supervisor shall have full authority to act on behalf of the CONTRACTOR and all communications given to the supervisor shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on the Site at all times as required to perform adequate supervision and coordination of the Work. (Copies of written communications given to the superintendent shall be mailed to the CONTRACTOR's home office).CONTRACTOR shall notify the CITY in writing of the name,title and contact information for the designated supervisor/superintendent. 6.4 LABOR,MATERIALS AND EQUIPMENT: 6.4.1 The CONTRACTOR shall provide competent,suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents.They shall at all times maintain good discipline and order at the Site. Except in connection with the safety or protection of persons or the Work or property at the Site or adjacent thereto,and except as otherwise indicated in the Contract Documents, all Work at the Site shall be performed during regular working hours as defined in the Special Conditions herein,and CONTRACTOR shall not permit overtime work or the performance of Work on Saturday,Sunday,or any legal holiday observed by the CITY,without the CITY's Project Manager's written consent. 6.4.2 Materials and Equipment: The CONTRACTOR shall furnish all materials,equipment,labor,transportation,construction equipment and machinery, tools, appliances,fuel, power, light, heat, telephone,water and sanitary facilities and all other facilities and incidentals necessary for the execution,testing,initial operation and completion of the Work. All material stored on the job site shall remain the responsibility of the CONTRACTOR until incorporated in the Work. The CITY shall not reimburse the CONTRACTOR for materials lost, stolen,or damaged while stored on the job site. 6.4.3 Condition of Materials:All materials and equipment shall be new. When special makes or grades of material which are normally packaged by the supplier or manufacturer are specified or approved,such materials shall be delivered to the Site in their original packages or container with seals unbroken and labels intact. 6.4.4 Installation/Assembly:All materials and equipment shall be applied, installed,connected,erected, used,cleaned and conditioned in accordance with the instructions of the applicable manufacturer,fabricator or processors,except as otherwise provided in the Contract GENERAL CONDITIONS 29 _X nAA Documents. 6.4.5 Materials,Equipment,Products and Substitutions: CONTRACTOR shall verify that materials,equipment,and products incorporated in the Work are fit for their intended purpose before being purchased by the CONTRACTOR. However,the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager a list of proposed materials,equipment or products,together with such samples considered substitutes as may be necessary to determine their acceptability and obtain approval,pursuant to Section 32,Instruction to Bidders if prior to award,or after award,within ten(10)calendar days after the CONTRACTOR should have been aware of the need for substitution,unless otherwise stipulated in the Special Conditions. No request for payment for"or equal"equipment shall be approved until this list has been received and approved by the CONSULTANT. The CITY may require the CONTRACTOR to furnish at CONTRACTOR's expense,a special performance guarantee or other surety with respect to any substitute. 6.4.5.1 Whenever a material,article,or piece of equipment is identified on the Drawings or Specifications by reference to brand name or catalogue number,it shall be understood that this is referenced for the purpose of defining the performance or other salient requirements,and that other products of equal capacities,quality and function may be considered. The CONTRACTOR may request the substitution of a material,article,or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalogue number and if,the opinion of the CONSULTANT and CITY, such material,article,or piece of equipment is of equal substance and function to that specified,the CONSULTANT with concurrence of the CITY's Project Manager may approve its substitution and use by the CONTRACTOR. 6.4.5.2 The application shall state that the evaluation and acceptance of the proposed substitute shall not prejudice CONTRACTOR's achievement of Substantial Completion on time,whether or not acceptance of the substitute for use in the Work shall require a change in any of the Contract Documents(or in the provisions of any other direct contract with the CITY for Work on the Project)to adapt the design to the proposed substitute and whether or not incorporation or use of the substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance,repair,and replacement service shall be indicated. 6.4.5.3 The application shall also contain itemized estimate of all costs and cost savings that shall result directly or indirectly from acceptance of such substitute, including costs or redesign and claims of other contractors affected by CONSULTANT in evaluating the proposed substitute. CONSULTANT may require CONTRACTOR to furnish at CONTRACTOR's expense, additional data about the proposed substitute. 6.4.5.4 Incidental changes or extra component parts required to accommodate the substitute shall be made by the CONTRACTOR without an increase in the Contract Price or Contract Time. The CONTRACTOR shall reimburse the CITY for charges of the CONSULTANT and CONSULTANT'S consultants for evaluating each proposed substitution. These costs shall include transportation,to operating installation at factories,etc. 6.4.5.5 No substitute shall be ordered or installed without the written approval of the CONSULTANT with the CITY's Project Manager's concurrence. 6.4.5.6 Delay caused by obtaining approvals for substitute materials or installations shall be attributable to CONTRACTOR and shall not be considered justifiable grounds for an extension of construction time. 6.4.5.7 Should any work or materials,equipment or products not conform with requirements of the Drawings and Specifications or become damaged during the progress of the Work,such Work or materials shall be removed and replaced,together with any work disarranged by such alterations,at any time before completion and acceptance of the Project. All such work shall be done at the expense of the CONTRACTOR. 6.4.5.8 No materials or supplies for the Work shall be purchased by the CONTRACTOR or by any Sub-Contractor subject to any chattel mortgage or under conditional sale or other agreement by which an interest is retained by the Seller. The CONTRACTOR warrants that it has clear title to all materials and supplies used by them in the Work. 6.4.5.9 If a specific means,method,technique,sequence or procedure of construction is indicated in or required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means, method, sequence, technique or procedure of construction,if applicable,to the CITY and CONSULTANT,if CONTRACTOR submits sufficient information to allow CITY and CONSULTANT to determine that the substitute proposed is equivalent to that indicated or required by the Contract Documents. The procedure for review by the CITY and CONSULTANT shall be similar to that provided in paragraph 6.4.5.1 (Materials,Equipment,Products and Substitutions,par.2)as applied by CONSULTANT and as may be supplemented in the Special Conditions. 6.4.5.10 Any two(2)or more pieces of material or equipment of the same kind,type or classification,and being used for identical types of service,shall be made by the same manufacturer. 6.5 CONCERNING SUBCONTRACTORS: 6.5.1 The CONTRACTOR shall not employ any sub-contractor,other persons or organization(whether initially or as a substitute)against whom the CITY or the CONSULTANT may have reasonable objection,nor shall the CONTRACTOR be required to employ any sub-contractor against whom it has reasonable objection. The CONTRACTOR shall not make any substitution for any sub-contractor who has been accepted by the CITY's Project Manager and the CONSULTANT,unless the CONSULTANT determines that there is good cause for doing so. If after bid opening and prior to the award of the Contract,the CITY objects to certain suppliers or sub-contractors,the CITY may permit CONTRACTOR to submit an acceptable substitute so long as there is no change in the Contract Price or Contract Time. If the Contract Price or Contract Time is increased or extended,the CITY may return the Bid Bond and award the Contract to the next qualified, competent Bidder. If after the award of the Contract,the CITY objects to certain suppliers or sub-contractors,the CITY shall permit CONTRACTOR to make an appropriate and acceptable substitution which is also acceptable to the CITY. No acceptance by the CITY or the CONSULTANT of any such sub-contractor,supplier,or other person or organization shall constitute a waiver of any right of the CITY or CONSULTANT to reject defective Work. 6.5.2 Responsibility: The CONTRACTOR shall be fully responsible for all acts and omissions of its Sub-Contractors and of persons and organizations directly or indirectly employed by the CONTRACTOR and of persons and organizations for whose acts any of CONTRACTOR or Sub-Contractor may be liable to the same extent that they are responsible for the acts and omissions of persons directly employed by CONTRACTOR. Nothing in the Contract Documents shall create any contractual relationship between CITY or CONSULTANT and any Sub-Contractor or other person or organization having a direct contract with CONTRACTOR,nor shall it create any obligation on the part of CITY or CONSULTANT to pay or to see to the payment of any moneys due any sub-contractor or other person or organization,except as may otherwise be required by law. CITY or CONSULTANT may furnish to any sub-contractor or other GENERAL CONDITIONS 30 person or organization,to the extent practicable,evidence of amounts paid to CONTRACTOR on account on specific Work done in accordance with the Schedule of Values. 6.5.3 Division of Work: The divisions and sections of the Specifications and the identifications of any Drawings shall not control the CONTRACTOR in dividing the Work among sub-contractors or delineating the Work to be performed by any specific trade. 6.5.4 Terms and Conditions:The CONTRACTOR agrees to bind specifically every sub-contractor to the applicable terms and conditions of the Contract Documents for the benefit of the CITY. 6.5.5 Agreement:Any and all Work performed for the CONTRACTOR by a sub-contractor shall be pursuant to an appropriate agreement between the CONTRACTOR and the sub-contractor. 6.5.6 Responsibility:The CONTRACTOR shall be responsible for the coordination of the trades,sub-contractors and material men engaged upon in work of the Project... 6.5.7 The CONTRACTOR shall cause appropriate provisions to be inserted in all subcontracts relative to the Work,to bid sub-contractors to the CONTRACTOR by the terms of these General Conditions and other Contract Documents insofar as applicable to the Work of sub- contractors,and to give the CONTRACTOR the same power as regards terminating any sub-contract that the CITY may exercise over the CONTRACTOR under any provisions of the Contract Documents. 6.5.8 The CITY or CONSULTANT shall not undertake to settle any differences between the CONTRACTOR and his sub-contractors or between sub-contractors. 6.5.9 If in the opinion of the CITY's Project Manager or CONSULTANT,any subcontractor on the Project proves to be incompetent or otherwise unsatisfactory,such Sub-Contractor shall be replaced if and when directed in writing. 6.5.10 CONTRACTOR shall also: 6.5.10.1 Observe work of each subcontractor to monitor compliance with Schedule. 6.5.10.2 Verify that labor and equipment are adequate for the Work and the Schedule. 6.5.10.3 Verify that product procurement schedules are adequate. 6.5.10.4 Verify that product deliveries are adequate to maintain schedule. 6.5.10.5 Report non-compliance to CONSULTANT with recommendation for changes. 6.6 PATENTS,FEES AND ROYALTIES: 6.6.1 The CONTRACTOR shall pay all license fees and royalties and assume all cost incidents to the use of any invention,design,process or device which is the subject of patent rights or copyrights held by others. They shall indemnify and hold harmless the CITY and CONSULTANT and anyone directly or indirectly employed by either of them from and against all claims,damages,losses and expenses (including attorney's fees)arising out of any infringement of such rights during or after completion of the Work,and shall defend all such claims in connection with any alleged infringement of such rights. 6.6.2 Patent rights: The CONTRACTOR shall be responsible for determining the application of patent rights and royalties on materials, appliances,articles or systems prior to bidding. However,they shall not be responsible for such determination on systems which do not involve purchase by them of materials,appliances and articles. 6.7 PERMITS,LAWS AND REGULATIONS: 6.7.1 Permits:The CONTRACTOR shall secure and pay for all construction permits and licenses and shall pay all governmental charges and inspection fees necessary for the prosecution of the Work,which are applicable at the time of its Bid. The CITY shall assist the CONTRACTOR,when necessary,in obtaining such permits and licenses. The CITY shall be invoiced at actual cost without markup. 6.7.2 The CONTRACTOR shall also pay all public utility charges. The CONTRACTOR shall be responsible for obtaining dewatering permits as required. CONTRACTOR shall be responsible for complying with the South Florida Water Management District (SFWMD), Florida Department of Environmental Regulations,United States Environmental Protection Agency and any other regulatory agency requirements including financial responsibility(fines,etc.). 6.7.3 Laws and Regulations: The CONTRACTOR shall give all notices and comply with all laws,ordinances,rules and regulations applicable to the Work. If the CONTRACTOR observes that the Specifications or Drawings are at variance therewith, they shall give the CONSULTANT prompt written notice thereof,and any necessary changes shall be adjusted by an appropriate modification. If the CONTRACTOR performs any Work knowing it to be contrary to such laws,ordinances,rules and regulations,and without such notice to the CONSULTANT,they shall bear all costs arising therefrom;however,is shall not be their primary responsibility to make certain that the Drawings and Specifications are in accordance with such laws,ordinances,rules and regulations. 6.8 TAXES: 6.8.1 Cost of all sales and other taxes for which the CONTRACTOR is liable under the Contract shall be included in the Contract Price stated by the CONTRACTOR. 6.9 RECORD DOCUMENTS/RIGHT TO AUDIT: 6.9.1 The CONTRACTOR shall keep in a safe place one record copy of all Specifications, Drawings,Addenda, Modifications, and Shop Drawings at the site in good order and annotated to show all changes made during the construction process. Such documents shall be available to the CONSULTANT and shall be delivered to the CONSULTANT for the CITY upon completion of the Project.Such documents GENERAL CONDITIONS 31 shall be used for this purpose only. Final acceptance of the project shall be withheld by the CITY until approval of all documents specified herein is made by the CITY's Project Manager. 6.9.2 The awarded CONTRACTOR shall maintain during the term 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 awarded CONTRACTOR agrees to make available to the CITY's auditor,during normal business hours,all books of account,reports,and records relating to this Contract for the duration of the Contract and retain them for a minimum period of three(3)years. 6.9.3 The awarded CONTRACTOR shall be aware that the Palm Beach County,Office of Inspector General investigators shall have the power without limitation to audit,investigate,monitor,inspect and review the operations,activities,performance and procurement process of the CONTRACTOR,its Sub-Contractors and lower tier subcontractors and its officers,agents and employees relating to the Contract. 6.9.4 If the CONTRACTOR submits a claim to the CITY for additional compensation,the CITY shall have the right,as a condition to considering the claim,and as a basis for evaluation of the claim,and until the claim has been settled to audit the CONTRACTOR's books to the extent they are relevant. This right shall include the right to examine books,records,documents,and other evidence and accounting procedures and practices,sufficient to discover and verify all direct and indirect costs of whatever nature claimed to have been incurred or anticipated to be incurred and for which claim has been submitted. The right to audit shall include the right to inspect the CONTRACTOR's plants,or such parts thereof,as may be or have been engaged in the performance of the Work. The CONTRACTOR further agrees that the right to audit encompasses all subcontracts and is binding upon all Sub-Contractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the CITY deems desirable during the CONTRACTOR's normal business hours at the office of the CONTRACTOR.Upon request by the CITY,CONTRACTOR shall provide the accounting records and documents,and other financial data and shall submit true copies of requested records to the CITY. 6.10 SAFETY,PROTECTION AND EMERGENCIES: 6.10.1 CONTRACTOR shall be responsible for initiating,maintaining and supervising all safety precautions and programs in connection with the Work.CONTRACTOR shall take all necessary precautions for the safety of,and shall provide the necessary protection to prevent damage, injury or loss to: 6.10.1.1 All employees on the Work and other persons,who may be affected thereby, 6.10.1.2 All the Work and all materials or equipment to be incorporated therein,whether in storage on or off the Site,and 6.10.1.3 Other property at the Site or adjacent thereto,including trees,shrubs,lawns,walks,pavements,roadways,structures and utilities not designated for removal,relocation or replacement in the course of construction. 6.10.2 CONTRACTOR shall complywith all applicable laws,ordinances,rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage,injury or loss on or off the Work and shall erect and maintain all necessary safeguards for such safety and protection. 6.10.3 CONTRACTOR shall notify owner of adjacent property and of Underground Facilities and utility owners when prosecution of the Work may affect them,and shall cooperate with them in the protection,removal,relocation and replacement of their property. 6.10.4 All damage,injury or loss to any property referred to in paragraph 6.10.1.2 or 6.10.1.3 caused directly or indirectly,in whole or in part,by CONTRACTOR,any Sub-Contractor,Supplier or any other person or organization directly or indirectly employed by any such entity to perform or furnish any of the Work for anyone for whose acts may be liable,shall be remedied by CONTRACTOR.CONTRACTOR shall not be liable for acts or omissions attributable to the CITY or CONSULTANT. 6.10.5 CONTRACTOR's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the Work is completed and CONSULTANT has issued a notice to the CITY and CONTRACTOR in accordance with paragraph 14.6(Substantial Completion)that the Work is acceptable or until any and all final"punch list"items are completed,whichever is later. 6.10.6 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery,equipment and all hazards shall be guarded in accordance with the safety provisions of the"Manual of Accident Prevention in Construction"as published by the Associated General Contractors of America,Inc.to the extent that such provisions are not in conflict with applicable laws. 6.10.7 The CONTRACTOR shall maintain an accurate record of all cases of death,occupational disease,or injury requiring medical attention or causing loss of time from Work,arising out of an and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the reports concerning these matters to the appropriate Local Public Agency within forty-eight(48)hours of the event or as per specific timeframe specified by such Local Public Agency. 6.10.8 SAFETY REPRESENTATIVE:CONTRACTOR shall designate a responsible representative at the Site whose duty shall be prevention of accidents. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing by CONTRACTOR to the CITY. 6.10.9 HAZARD COMMUNICATION PROGRAMS:CONTRACTOR shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employees at the Site in accordance with Laws and Regulations. 6.10.10 SUPERINTENDENT:The CONTRACTOR shall designate a responsible member of their organization at the Site whose duty shall be prevention of accidents. This person shall be the CONTRACTOR's superintendent unless otherwise designated in writing by the CONTRACTOR to the CITY's Project Manager. 6.10.11 EMERGENCIES: In emergencies affecting the safety of the persons or the Work or property of the Site or adjacent thereto, the GENERAL CONDITIONS 32 Page 567 Af Q4 CONTRACTOR,without special inspection or authorization from the CONSULTANT or the CITY's Project Manager is obligated to act,at its discretion,to prevent damage,injury or loss. 6.10.12 CONTRACTOR shall give CITY's Project Manager and CONSULTANT prompt written notice if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If CONSULTANT determines that a change in the Contract Documents is required because of the action taken in response to an emergency,a Change Order shall be issued to document the consequences of the changes or variations. 6.10.13 During adverse weather,and against the possibility thereof,the CONTRACTOR shall take all necessary precautions to ensure that the Work shall be done in a good and workmanlike condition and is satisfactory in all respects. When required,protection shall be provided by the use of tarpaulins,wood and other acceptable means. The CONTRACTOR shall be responsible for all changes caused by adverse weather,including unusually high winds and water levels and they shall take such precautions and procure such additional insurance as they deem prudent. The CONSULTANT may suspend construction operations at any time when in their judgment,the conditions are unsuitable or the proper precautions are not being taken,whatever the weather or water level conditions may be,in any season. 6.10.14 If the CONTRACTOR believes that additional work done by them in an emergency which arose from causes beyond their control entitles them to an increase in the Contract Price or an extension of the Contract Time,they may make a claim therefor as provided in Article 11 (Change in Contract Price)and Article 12,(Change in Contract Time). 6.10.15 NATIONAL EMERGENCY:In the event the CITY is prevented from proceeding with any or all of the Work as stated in the Contract due to a declaration of war,or national emergency by the United States government,whereas the construction of the type contracted for herein is specifically prohibited by statute or government edict,or due to the stoppage of construction caused by any governmental agency,state, CITY,town,or county regulations,orders,restrictions,or due to circumstances beyond the CITY's control;then the CITY herein reserves the right to either suspend the Work to be done for an indefinite period of time or to cancel this Contract outright by giving notice by registered mail of such intention to the CONTRACTOR herein. In the event of any conditions above mentioned occurring after the Work herein has already commenced,then the CITY shall be liable for only the cancellation or suspension without the addition of prospective profits or other change whatsoever. 6.11 SHOP DRAWINGS AND SAMPLES: 6.11.1 Shop Drawings:After checking and verifying all field measurements,the CONTRACTOR shall submit to the CONSULTANT and the CITY's Project Manager for review in accordance with the accepted schedule of Shop Drawing submissions,(see paragraph 2.9)copies(or at the CONSULTANT's option, one reproducible copy)of all Shop Drawings,which shall have been checked by and stamped with the approval of the CONTRACTOR. The data shown on the Shop Drawings shall be complete with respect to dimensions,design criteria, materials of construction and the like to enable the CONSULTANT to review the information as required. Shop Drawings shall include but not be limited to the following information: 6.11.1.1 Fabrication and Installation Drawings and details 6.11.1.2 Template placement diagrams 6.11.1.3 Manufacturer's installation instructions 6.11.1.4 Product patterns and colors 6.11.1.5 Coordination Drawings 6.11.1.6 Schedules 6.11.1.7 Product mix formula 6.11.1.8 Product design or engineering calculations 6.11.1.9 Other information as required by project After review,produce copies and distribute per Submittal Procedures article above and for Record Documents purposes described in Section 6.37 Closeout Submittals. Submit to CONSULTANT for purpose of checking conformance with information given and design concept and on to the CITY's Project Manager. 6.11.2 SAMPLES:The CONTRACTOR shall also submit to the CONSULTANT for review,with such promptness as to cause no delay in Work, all samples required by the Contract Documents. All samples must have been checked by and stamped with the approval of the CONTRACTOR,identified clearly as to material,manufacturer,any pertinent catalogue numbers and the use for which intended. CONTRACTOR shall submit to CONSULTANT for purpose of checking conformance with information given and design concept expressed in the documents. After review,CONSULTANT shall submit color board to CITY's Project Manager per Submittal Procedures. Samples shall also conform to the following: 6.11.2.1 Sample finishes and colors shall be from full range or manufacturers' standard and colors, textures, and patterns for CONSULTANT's selection and preparation of color board for CITY's approval. 6.11.2.2 After review and approval by the CITY,provide duplicates and distribute per Submittal Procedures. 6.11.2.3 Submit samples to illustrate functional and aesthetic characteristics of the product,with integral parts and attachment devices. Coordinate sample submittals for interfacing work. 6.11.2.4 Include identification on each sample with full project information. 6.11.2.5 Submit number of samples specified in specifications,one of which CONSULTANT shall retain. Reviewed samples may be used in Work,if indicated. 6.11.3 DEVIATIONS:At the time of each submission,the CONTRACTOR shall,in writing,call the CONSULTANT's attention to any deviations that the Shop Drawings or sample may have from the requirements of the Contract Documents. 6.11.4 CONFORMANCE REVIEW:The CONSULTANT shall review within fifteen (15) days or as extended by CITY, Shop Drawings and GENERAL CONDITIONS 33 Page 56A Af Q4 samples,but their review shall be only for conformance with the design concept of the Project and for compliance with the information given in the Contract Documents.The review of a separate item as such shall not indicate review of the assembly in which the item functions.The CONTRACTOR shall make any corrections required by the CONSULTANT at the CONTRACTOR's expense and shall return the required number of corrected copies of Shop Drawings and resubmit new samples until the review is satisfactory to the CONSULTANT. The CONTRACTOR shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections called for by the CONSULTANT on previous submissions. The CONTRACTOR's stamp of approval on any Shop Drawings or sample shall constitute a representation to the CITY and the CONSULTANT that the CONTRACTOR has either determined and verified all quantities,dimensions,field construction criteria,materials,catalogue numbers and similar data or they assume full responsibility for doing so,and that they have reviewed or coordinated each Shop Drawing or sample with the requirements of the Work and the Contract Documents. Shop Drawings submitted without the CONTRACTOR's stamp or specific written indication shall be returned without action. Shop Drawings and submittal data shall be reviewed two times,thereafter all further review time shall be charged to the CONTRACTOR. 6.11.5 APPROVAL:No work requiring a Shop Drawing or sample submission shall be commenced until the submission has been reviewed and approved by the CONSULTANT. A copy of each Shop Drawing and each approved sample shall be kept in good order by the CONTRACTOR at the site and shall be available to the CONSULTANT. 6.11.6 SPECIFIC DEVIATIONS: The CONSULTANT's review of Shop Drawings or samples shall not relieve the CONTRACTOR from their responsibility for any deviations from the requirements of the Contract Documents unless the CONTRACTOR has in writing,called the CONSULTANT's attention to such deviation at the time of submission and the CONSULTANT has given written approval to the specific deviation,nor shall any review by the CONSULTANT relieve the CONTRACTOR from responsibility for errors or omission in the Shop Drawings. 6.11.7 Where a Shop Drawing or sample is required by the Specifications,any related Work performed prior to CONSULTANT's review and acceptance of the pertinent submission shall be at the sole expense and responsibility of the CONTRACTOR. 6.12 SITE CLEAN UP: 6.12.1 SITE: The CONTRACTOR shall clean up behind the Work as much as is reasonably possible as the Work progresses. Upon completion of the Work,and before acceptance of and final payment for the Project by the CITY,the CONTRACTOR shall remove all their surplus and discarded,and excavated materials,and rubbish from the roadways,sidewalks,parking areas,lawns and all adjacent property, shall clean all portion of Work involved in any building under this Contract,so that no further cleaning by the CITY is necessary prior to their occupancy,shall restore all property,both public and private,which has been disturbed or damaged during the prosecution of the Work,and shall leave the whole in a neat and presentable condition. 6.12.2 BUILDING CLEAN-UP:Clean-up operations shall consistently be carried on by the CONTRACTOR at all times to keep the premises free from accumulation of waste materials and rubbish. Upon completion of the Work,they shall remove all rubbish,tools,scaffolding,surplus materials,etc.,from the building and shall leave their work"broom clean"or the like,unless specified elsewhere in the Contract. The CONTRACTOR shall do the following special cleaning for all trades upon completion of the Work: 6.12.2.1 Remove putty stains and paint from and wash and polish all glass.Do not scratch or otherwise damage glass. 6.12.2.2 Remove all marks,stains,fingerprints and other soil and dirt from painted,stained and decorated work. 6.12.2.3 Remove all temporary protections and clean and polish floors. 6.12.2.4 Clean and polish all hardware for all trades,this shall include removal of all stains,dust,dirt,paint,etc. 6.12.2.5 General:In case of dispute,the CITY may remove the rubbish and charge the cost to the CONTRACTOR. 6.13 PUBLIC CONVENIENCE AND SAFETY: 6.13.1 Convenience:The CONTRACTOR shall,at all times,conduct the Work in such a manner as to insure the least practicable obstruction to public travel. The convenience of the general public and of the residents along and adjacent to the area of the Work shall be provided for in a satisfactory manner,consistent with the operation and local conditions. 6.13.2 Safety:"Street Closed"signs shall be placed immediately adjacent to the Work,in a conspicuous position,at such locations as traffic demands.At any time that streets are required to be closed,CONTRACTOR shall obtain approval to close the street from the appropriate regulatory agencies having jurisdiction. The CONTRACTOR shall notify law enforcement agencies, fire departments, and parties operating emergency vehicles before the street is closed and also as soon as area is opened.Approval from the CITY shall be coordinated through the Department of Public Works/Engineering,including notification of the news media and affected property owners. Access to fire hydrants and other fire extinguishing equipment shall be provided and maintained at all times. Traffic paths shall be maintained for local traffic. 6.14 SANITARY PROVISIONS: 6.14.1 The CONTRACTOR shall furnish necessary toilet conveniences,secluded from public observation,for use of all personnel on the Work, whether or not in their employ. They shall be kept in a clean and sanitary condition and shall comply with the requirements and regulations of the public authorities having jurisdiction.They shall commit no public nuisance. Temporary sanitary facilities shall be removed upon completion of the Work and the premises shall be left clean. 6.15 INDEMNIFICATION: 6.15.1 CONTRACTOR agrees to protect,defend,indemnify,and hold harmless the CITY,its employees,representatives,and elected officials from any and all claims and liabilities including all attorney's fees and court costs,including appeals for which the CITY, its employees, representatives,and elected officials can or may be held liable as a result of injury(including death)to persons or damage to property occurring by reason of any negligence,recklessness,or intentional wrongful misconduct of the CONTRACTOR,its employees,or agents, arising out of or connected with this Agreement.The CONTRACTOR shall not be required to indemnify the CITY or its agents,employees, representatives,or elected officials when an occurrence results solely from the wrongful acts or omissions of the CITY,or its agents, GENERAL CONDITIONS 34 employees or representatives. 6.15.2 The CONTRACTOR,without exemption,shall indemnify and hold harmless,the CITY,its employees,representatives and elected officials from liability of any nature or kind,including cost and expenses for or on account of any copyright,service marked,trademarked patented or unpatented invention,process,or any other intellectual property right or item manufactured by the CONTRACTOR.Further,if such a claim is made,or is pending,the CONTRACTOR may,at its option or expense,procure for the CITY the right to use,replace,or modify the item to render it non-infringing. If none of the alternatives are reasonably available,the CITY agrees to return the article on request to the CONTRACTOR and receive reimbursement from the CONTRACTOR for such. If the CONTRACTOR used any design,device or materials covered by letters,patent or copyright,it is mutually agreed and understood,without exception,that the Bid prices shall include all royalties or cost arising from the use of such design,device or materials in anyway involved in the Work. This article shall survive the termination of any contract with the CITY of Boynton Beach. 6.15.3 The parties agree that Twenty-five Dollars ($25.00) of the total compensation paid to the CONTRACTOR for performance of this Agreement shall represent the specific consideration for the CONTRACTOR's indemnification of the CITY. 6.15.4 The CITY reserves the right to select its own legal counsel to conduct any defense in any such proceedings and all costs and fees associated therewith shall be the responsibility of the CONTRACTOR under this indemnification agreement. 6.15.5 It is the specific intent of the parties hereto that the foregoing indemnification complies with F.S.§725.06(Chapter 725). It is further the specific intent and agreement of the parties that all of the Contract Documents on this Project are hereby amended to including the foregoing indemnification and the"Specific Consideration"therefor. 6.15.6 Nothing contained herein is intended nor shall be construed to waive the CITY's rights and immunities under the common law or Florida Statutes§768.28,as amended from time to time. 6.16 CLAIMS: 6.16.1 In any and all claims against the CITY or the CONSULTANT or any of its agents or employees,by any employee of the CONTRACTOR, any Sub-Contractor,anyone directly or indirectly employed for whose acts may be liable,the indemnification obligation under paragraph 6.15(Indemnification)shall not be limited in anyway by any limitation on the amount or type of damages,compensation or benefits payable by or for the CONTRACTOR or any Sub-Contractor under workers'compensation acts,disability benefit acts or other employee benefit acts. 6.16.2 Obligation:The obligations of the CONTRACTOR under paragraph 6.13 shall not extend to the liability of the CONSULTANT's negligent acts,errors or omissions or their employees or agents. 6.17 RESPONSIBILITY FOR CONNECTING TO EXISTING WORK: 6.17.1 It shall be the express responsibility of the CONTRACTOR to connect their Work to each part of the existing work or work previously installed as required by the Drawings and Specifications to provide a complete installation. 6.18 WORK IN STREET,HIGHWAY AND OTHER RIGHTS-OF-WAY: 6.18.1 Excavation,grading,fill,storm drainage,paving and other construction or installations in rights-of-way of streets,highways,pubic carrier lines,utility lines(either aerial,surface or subsurface)etc.shall be done in accordance with requirements of these Specifications and authorities having jurisdiction. The CONTRACTOR shall be responsible for obtaining all permits necessary for the Work.Upon completion of the Work,CONTRACTOR shall present to CONSULTANT certificates,in triplicate from the proper authorities stating that the Work has been done in accordance with their requirements. 6.18.2 The CITY shall cooperate with the CONTRACTOR in obtaining action from any utilities or public authorities involved in the above requirements. 6.19 COOPERATION WITH GOVERNMENTAL DEPARTMENTS,PUBLIC UTILITIES,ETC.: 6.19.1 The CONTRACTOR shall be responsible for making all necessary arrangements with governmental departments,public utilities,public carriers,service companies and corporations owning or controlling roadways,railways,water,sewer,gas,electrical,cable television, telephone,and telegraph facilities such as pavements,tracks, piping,wires,cables,conduits, poles,guys,etc. , including incidental structures connected therewith,that are encountered in the Work in order that such items may be properly shored, supported and protected,or the CONTRACTOR may relocate them with utility owner's approval. 6.19.2 NOTICES:The CONTRACTOR shall give all proper notices,shall comply with requirements of such parties in the performance of their Work,shall permit entrance of such parties on the Project in order that they may perform their necessary work,and shall pay all charges and fees made by such parties for this Work. 6.19.3 GOVERNMENT AGENCY CAUSED DELAYS:The CONTRACTOR's attention is called to the fact that there may be delays on the Project due to work to be done by governmental departments, public utilities, and others in repairing or moving poles, conduits,etc. The CONTRACTOR shall cooperate with the above parties in every way possible,so that the construction can be completed in the least possible time. 6.19.4 CODES,LAWS,ORDINANCES AND REGULATIONS:The CONTRACTOR shall have made themselves familiar with all codes,laws, ordinances and regulations which in any manner affect those engaged in the Work,or materials and equipment used in the Work,or in any way affect the conduct of the Work,and no plea of misunderstanding shall be considered on account of their ignorance thereof. GENERAL CONDITIONS 35 Page 57A Af Q4 6.20 USE OF PREMISES: 6.20.1 CONTRACTOR shall confine construction equipment,the storage of materials and equipment and the operations of workers to the project site and land and areas identified in,and permitted by the Contract Documents and other land and areas permitted by laws,ordinances, and regulations, rights-of-way, permits, easements, and directions of the CITY's Project Manager or Representative, and shall not reasonably encumber the premises with construction equipment or other materials or equipment. 6.20.2 CONTRACTOR shall assume full responsibility for any damage to any such land or area,or to the CITY or occupant thereof or of any land or areas contiguous thereto,resulting from the performance of the Work. Should any claim be made against the CITY or CONSULTANT by any such owner or occupant because of the performance of the Work,CONTRACTOR shall promptly attempt to settle with such other party by Contract or otherwise resolve the claim. CONTRACTOR shall to the fullest extent permitted by laws and regulations,indemnify and hold the CITY harmless from and against all claims,damages,losses and expenses(including,but not limited to fees of engineers, architects,attorneys and other professionals and court costs)arising directly,indirectly or consequentially out of any action,legal or equitable, brought by any such other party against the CITY or CONSULTANT to the extent based on a claim arising out of CONTRACTOR's performance of the Work. 6.20.3 During the progress of the Work,CONTRACTOR shall keep the premises free from accumulations of waste materials,rubbish and other debris resulting from the Work. At the completion of the Work,CONTRACTOR shall remove all waste materials,rubbish and debris from and about the premises as well as all tools,appliances,construction equipment and machinery,and surplus materials,and shall leave the Site clean and ready for occupancy by the CITY.CONTRACTOR shall restore to original condition all property not designated for alteration by the Contract Documents. 6.20.4 CONTRACTOR shall not overload or permit any part of any structure to be loaded with such weight as shall endanger its safety,nor shall it subject any part of the Work to stresses or pressures that shall endanger it. 6.20.5 CONTRACTOR shall enforce the CITY's Project Manager's instructions in connection with signs,advertisements,fires and smoking. 6.20.6 CONTRACTOR shall arrange and cooperate with CITY in routing the parking of automobiles of its employees,sub-contractors and other personnel,and in routing material delivery trucks and other vehicles to the Project Site. 6.21 PROTECTION OF EXISTING PROPERTY IMPROVEMENTS: 6.21.1 Any existing surface and subsurface improvements, such as pavements, curbs, sidewalks, pipes or utilities,footings, or structures (including portions thereof),trees and shrubbery,not indicated on the Drawings or noted in the Specifications as being removed or altered shall be protected from damage during construction of the Project. Any such improvements damaged during construction of the Project, whether or not such improvements appear on the Drawings,shall be restored to a condition equal or better,to the original state at the time of award of Contract. Such restoration or repair shall be at the sole expense of the CONTRACTOR,and no claim for an increase in the Contract Price under paragraph 6.21 or under Article 10 shall be allowed. 6.22 TEMPORARY HEAT: 6.22.1 The CONTRACTOR shall provide heat,fuel and services as necessary to protect all work and materials,within all habitable areas of permanent building construction against injury from dampness and cold,until final acceptance of all work and materials for the Project, unless building is fully occupied by the CITY prior to such acceptance.In which case the CITY shall assume all expenses of heating from date of full occupancy. Unless otherwise specifically permitted by Special Conditions,the permanent heating system shall not be used to provide temporary heat.CONTRACTOR's proposed methods of heating shall be submitted for approval. 6.23 SCHEDULE: 6.23.1 CONTRACTOR shall submit to CONSULTANT for review and comment(to the extent indicated in paragraph 2.6 Finalizing Schedule) proposed adjustments in the progress schedule to reflect the impact thereon of new developments,these shall conform generally to the progress schedule then in effect and additionally shall comply with any provisions of the General Requirements applicable thereto. All approved changes shall be memorialized as change orders. 6.24 CONTINUING THE WORK: 6.24.1 CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or disagreements with the CITY. No Work shall be delayed or postponed pending resolution of any disputes or disagreements,except as permitted by Article 15(Suspension and Termination of Work)or as CONTRACTOR and the CITY may otherwise agree in writing. 6.25 CONTRACTOR'S GENERAL WARRANTY AND GUARANTEE: 6.25.1 CONTRACTOR warrants and guarantees to CITY and CONSULTANT that all work shall be in accordance with the Contract Documents and shall not be defective.That CONTRACTOR guarantees to repair,replace or otherwise make good to the satisfaction of the CITY any defect in workmanship or material appearing in the Work,and further guarantees the successful performance of the Work for the service intended. CONTRACTOR's warranty and guarantee hereunder excludes defects or damage caused by: 6.25.1.1 Abuse, modification, or improper maintenance or operation by persons other than CONTRACTOR, sub-contractors or suppliers,or 6.25.1.2 Normal wear and tear under normal usage 6.25.2 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of GENERAL CONDITIONS 36 Page 571 Of 91-44.1 the following shall constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents: 6.25.2.1 Observations by CONSULTANT. 6.25.2.2 Recommendation of any progress or final payment by CONSULTANT. 6.25.2.3 The issuance of a certificate of Substantial Completion or any payment by CITY or CONTRACTOR under the Contract Documents. 6.25.2.4 Use or occupancy of the Work or any part thereof by CITY. 6.25.2.5 Any acceptance by CITY or any failure to do so;and 6.25.2.6 Any review and approval of a Shop Drawing or Sample submittal or the issuance of a notice of acceptability by CONSULTANT pursuant to paragraph 14.10. 6.26 DELETION/OVERSIGHT/MISSTATEMENT: 6.26.1 Any deletion,oversight or misstatement of the Specifications shall not release the Bidder from the responsibility of completing the Project within the agreed upon timeframe. 6.26.2 The cost of incidental work described in these Contract requirements,for which there are no specific Contract items shall be considered as part of the general cost of doing the Work and shall be included in the prices for the various Contract items. No additional payment will be made therefore. 6.27 EXCEPTIONS TO SPECIFICATIONS: 6.27.1 Any exceptions to the Specifications and/or drawings must be brought to the attention of the CITY's Procurement Services Division in writing prior to the expiration of the Bid question period. Failure to list any exceptions with the Procurement Services Division in writing prior to the end of the Bid question period means that the Bidder is complying 100%with the Specifications.All materials may be inspected by the CITY upon delivery for compliance with said Specifications. Deviations from the Specifications shall be cause for the Bid to be rejected as non-responsive unless the deviation was approved prior to the submittal of bids. 6.27.2 Any deletion,oversight or misstatement of these Specifications shall not release the Bidder from full responsibility for unsatisfactory workmanship and/or materials,together with all appurtenances necessary for unrestricted operation,as determined by the CITY in its sole discretion. 6.28 SILENCE OF SPECIFICATIONS: 6.28.1 The apparent silence of any Specification as to any details,or the omission from the Specifications of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that materials of the first quality and correct type,size and design are to be used. All workmanship is to be of first quality. 6.28.2 Work not specified in the Specifications,but involved in carrying out their intent or in the complete and proper execution of the Work,is required and shall be performed by the CONTRACTOR as though it were specifically delineated or described. 6.29 QUALITY: 6.29.1 Items delivered as a result of award from this Bid shall be free of defects. Any item(s)not meeting this specification shall be replaced by the awarded Bidder/CONTRACTOR at no additional charge to the CITY. 6.30 CONDITIONS OF MATERIALS: 6.30.1 All materials and products supplied by the CONTRACTOR in conjunction with this Bid shall be new,warranted for merchantability,fit for a particular purpose,free from defects and consistent with industry standards. The products shall be delivered to the CITY in excellent condition. In the event that any of the products supplied to the CITY are found to be defective or do not conform to the Specifications,the CITY reserves the right to return the product to the Bidder at no cost to the CITY. 6.30.2 The successful CONTRACTOR shall furnish all guarantees and warranties to the CITY's Project Manager or designee prior to final acceptance and payment. The warranty period shall commence upon final acceptance of the product. 6.31 DISPOSAL: 6.31.1 Before the CONTRACTOR disposes of any existing improvements or equipment which is to be removed as a portion of the Work,and for which disposition is not specifically provided for elsewhere in these Specifications,it shall contact the CITY to determine if the removal items are to be salvaged.Items to be salvaged by the CITY shall be neatly stockpiled or stored in a neat and acceptable manner at the construction site easily accessible to the CITY. Equipment and materials that shall not be salvaged by the CITY shall become the property of the CONTRACTOR to be removed from the Site and disposed in an acceptable manner,pursuant to local,state and federal laws and regulations. 6.32 OCCUPATIONAL HEALTH AND SAFETY: 6.32.1 If the CONTRACTOR,delivers any toxic substance items as defined in the Code of Federal Regulations Chapter 29,it shall furnish to the CITY's Procurement Services Division,a Material Safety Data Sheet(MSDS). The Material Safety Data Sheet shall be provided to the CITY with initial shipment and shall be revised on a timely basis as appropriate. The MSDS must include the following information: 6.32.1.1 The chemical name and the common name of the toxic substance. 6.32.1.2 The hazards or other risks in the use of the toxic substance to include: 6.32.1.2.1 The potential for fire,explosion,corrosion and reactivity. GENERAL CONDITIONS 37 6.32.1.2.2 The known acute and chronic health effects of risks from exposure,including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance,and 6.32.1.2.3 The primary routes of entry and symptoms of overexposure. 6.32.1.3 The proper precautions,handling practices,necessary personal protective equipment,and other safety precautions in the use of or exposure to the toxic substances including appropriate emergency treatment in case of overexposure. 6.32.1.4 The emergency procedure for spills,fire,disposal and first aid. 6.32.1.5 A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information. 6.32.1.6 The year and month,if available,that the information was compiled and the name,address and emergency telephone number of the manufacturer responsible for preparing the information. Any questions regarding this requirement should be directed to: Department of Labor and Employment Security,Bureau of Industrial Safety and Health,Toxic Waste Information Center, 2551 Executive Center Circle West,Tallahassee,FL.32301-5014,Telephone:1-800-367-4378. 6.33 OCCUPATIONAL,SAFETY AND HEALTH ASSOCIATION(OSHA) 6.33.1 The CONTRACTOR warrants that the product/services supplied to the CITY shall conform in all respects to the standards set forth in the Occupational Safety and Health Act 1970,as amended,and the failure to comply with this condition shall be considered as a breach of Contract. 6.34 CONDITIONS AND PACKAGING: 6.34.1 CONTRACTOR understands and agrees that any item offered or shipped pursuant to this Bid shall be new(current production model at the time of the Bid). All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. 6.35 UNDERWRITERS'LABORATORIES(UL): 6.35.1 Unless otherwise stipulated in the Bid,all manufactured items and fabricated assemblies shall be UL listed or re-examination tested where such item has been established by UL for the items offered and furnished. 6.36 ASBESTOS: 6.36.1 CONTRACTOR shall not use any asbestos or asbestos-based fiber materials in the Work performed under this Contract. 6.36.2 If the CONTRACTOR during the course of the Work observes the existence of asbestos in any structure, building or facility, the CONTRACTOR shall promptly notify the CITY and the CONSULTANT. The CONTRACTOR shall not perform any Work pertinent to the asbestos material prior to receipt of written notice with special instructions from the CITY through the CONSULTANT. 6.37 CLOSE-OUT SUBMITTALS 6.37.1 SCOPE OF WORK: 6.37.1.1 Close-out procedures 6.37.1.2 Final cleaning 6.37.1.3 Adjusting 6.37.1.4 Project record documents 6.37.1.5 As-built survey 6.37.1.6 Operation and maintenance data 6.37.1.7 Spare parts and maintenance products 6.37.1.8 Warranties and bonds 6.37.1.9 Maintenance service 6.37.2 CLOSE-OUT PROCEDURES 6.37.2.1 The CONTRACTOR shall submit written certification to the CITY and CONSULTANT that the Contract Documents were reviewed,Work inspected and that Work is complete in accordance with Contract Documents and ready for CITY's Project Manager and CONSULTANT's review. 6.37.2.2 The CONTRACTOR shall provide submittals to CONSULTANT and CITY's Project Manager that are required by local,state and federal authorities. 6.37.2.3 The CONTRACTOR shall submit final application for payment to CONSULTANT and CITY's Project Manager identifying total adjusted contract sum,previous payments and sum remaining due. 6.37.2.4 CITY may opt to occupy portions of completed facilities upon Substantial Completion of those portions of Work. 6.37.3 FINAL CLEANING 6.37.3.1 The CONTRACTOR shall execute final cleaning prior to final project assessment. 6.37.3.2 The CONTRACTOR shall clean interior and exterior glass and surfaces exposed to view,remove temporary labels,stains and foreign substances,wax,clean and polish transparent and glossy surfaces,vacuum carpet and soft surfaces. GENERAL CONDITIONS 38 6.37.3.3 The CONTRACTOR shall clean equipment and fixtures to sanitary condition with cleaning materials per manufacturer's written recommendations. 6.37.3.4 The CONTRACTOR shall replace filters of operating equipment 6.37.3.5 The CONTRACTOR shall clean debris from roofs,gutters,downspouts and drainage systems. 6.37.3.6 Clean Site,The CONTRACTOR shall sweep paved areas,rake clean landscaped surfaces. 6.37.3.7 The CONTRACTOR shall remove waste and surplus materials,rubbish,and construction facilities from Site. 6.37.3.8 The CONTRACTOR shall clean and sanitize water fountains(coolers). 6.37.3.9 The CONTRACTOR shall clean ledges,countertops,and shelves with all-purpose and non-abrasive cleaners leaving no residue. 6.37.4 ADJUSTING 6.37.4.1 The CONTRACTOR shall adjust operating products and equipment to ensure smooth and unhindered operations. 6.37.5 PROJECT RECORD DOCUMENTS 6.37.5.1 CONTRACTOR shall maintain in accordance with the Special Conditions in a safe place at the Site,one(1)record copy of all Drawings,Specifications,Addenda,Change Orders,Field Change Directives and written interpretations and clarifications (issued pursuant to para.9.4) in good order and annotated to show all changes made during construction. The record documents together will all approved samples and counterpart of all approved Shop Drawings will be available to the CONSULTANT for reference at all times. Upon completion of the Work, these record documents, samples, and Shop Drawings will be delivered to CONSULTANT for the CITY. 6.37.6 OPERATION AND MAINTENANCE DATA: 6.37.6.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein. 6.37.7 SPARE PARTS AND MAINTENANCE PRODUCTS: 6.37.7.1 The CONTRACTOR shall provide spare parts,maintenance and extra products in quantities specified in the Specifications to the CITY and obtain receipt prior to final payment. 6.37.8 WARRANTIES: 6.37.8.1 The CONTRACTOR shall submit documentation as noted in individual product specifications and as noted herein and Provide duplicate notarized copies to the CITY. 6.37.8.2 The CONTRACTOR shall execute and assemble transferrable warranty documents from sub-contractors, suppliers and manufacturers. 6.37.8.3 The CONTRACTOR shall provide such warranty documents with a Table of Contents and assemble in D-size,3-ring white binders with typed title sheet of contents inside durable plastic front cover. 6.37.8.4 The CONTRACTOR shall submit above-referenced warranties to the CITY prior to Final Application for Payment. 6.37.9 MAINTENANCE SERVICE: 6.37.9.1 The CONTRACTOR shall furnish service and maintenance of components indicated in specification sections for one-year from date of Substantial Completion. 6.37.9.2 The CONTRACTOR shall examine,clean,adjust,and lubricate system components as required for reliable operation. 6.37.9.3 The CONTRACTOR shall include systematic examination,adjustment,and lubrication of components repairing or replacing parts as required with parts produced by the manufacturer of the original component. 6.37.9.4 CITY shall approve in writing transfers or reassignments of maintenance service tasks. 6.37.10 ASBESTOS CERTIFICATION: 6.37.10.1 The CONTRACTOR shall provide a notarized letter to CITY certifying that no asbestos containing building materials were used as a building material in the Project,pursuant to Florida Statutes§255.40. 6.37.11 PRODUCTS: 6.37.11.1 APPROVED PRODUCTS:The CONTRACTOR shall use only cleaning and maintenance products approved for use pursuant to local,state and federal laws and regulations. 6.38 TEMPORARY BARRIERS AND ENCLOSURES: 6.38.1 SCOPE OF WORK: 6.38.1.1 The CONTRACTOR shall provide temporary barriers and enclosures to provide construction work areas separate from Owner's on-going business operations. 6.38.1.2 The CONTRACTOR shall protect new work,existing facilities and grounds from damage,theft,vandalism,and unauthorized entry. GENERAL CONDITIONS 39 6.38.1.3 The CONTRACTOR shall provide a chain link fencing surrounding and separating areas under construction,including areas for CONTRACTOR's mobilization and parking separate from existing CITY facilities and on-going business activities. 6.38.1.4 The CONTRACTOR shall provide demising walls and other barriers as required to separate building area under construction that permits safe and unobstructed exiting of partially Owner occupied buildings. 6.38.1.5 The CONTRACTOR shall provide safety of construction workers and CITY staff and visitors located in areas of CITY's facilities not under renovation or construction. 6.38.1.6 The CONTRACTOR shall control dust,erosion and sediment,noise,pollution,rodent and environmental control. 6.38.2 ENTRY CONTROL: 6.38.2.1 The CONTRACOR shall restrict entrance of persons and vehicles onto Project site and existing facilities in accordance with Special Conditions—01540 and 01541 Security Procedures. 6.38.2.2 Prior to Project commencement,CONTRACTOR's on-site personnel shall meet with CITY's Project Manager to delineate areas for CONTRACTOR's operations to include storage,office trailers,parking,and lay-down areas. 6.38.2.3 Interruption of pre-approved entry controls shall be coordinated with the CITY's Project Manager priorto proposed interruption. 6.38.2.4 The CONTRACTOR shall allow entrance only to the Project site to authorized persons with proper identification. 6.38.2.5 CONTRACTOR/CM shall post"No Trespassing"and"Hard Hat Area"signs along Project perimeter and at construction access points. "No Trespassing"sign shall include statutory language that area is construction site and that trespassing and theft are felonies and violators will be prosecuted. "No Trespassing" sign shall include name of CONTRACTOR/CM. "No Trespassing"signs shall not be larger than 24"(600mm)by 24"(600mm). "Hard Hat Area"sign shall not be larger than 12" (300mm)by 12"(600mm). 6.38.3 DEMISING WALLS: 6.38.3.1 Where the location of construction is contiguous to or within existing CITY premises, the CONTRACTOR shall provide demising walls to physically separate new or renovation work from existing on-going CITY operations. 6.38.3.2 Demising walls shall be contiguous plywood with vapor barrier and wood framing to prevent unauthorized entrance,dust or debris from entering occupied portion of the area. 6.38.3.4 Where construction is overhead,the CONTRACTOR shall provide safe and secure method of access through or adjacent to work with system of scaffolding,plywood or wood planking overhead to prevent falling debris or materials from interrupting safe passage through construction area. 6.38.4 TEMPORARY FENCING: 6.38.4.1 Areas under construction including areas for CONTRACTOR's mobilization and parking shall be separated from CITY facilities to allow for ongoing activities. 6.38.4.2 The CONTRACTOR shall provide chain link fencing along construction zone boundaries. 6.38.4.3 CONTRACTOR shall submit a detailed temporary fencing plan to the CITY and CONSULTANT for review and approval. The plan shall comply with all applicable regulatory code requirements including the latest edition of the Florida Building Code. 6.38.4..4 The CONTRACTOR shall provide access gates required by code for CITY's and CONTRACTOR's access to occupied portion of project site and for construction access. 6.39 ENVIRONMENTAL CONTROLS: The CONTRACTOR shall. 6.39.1 Protect existing building and adjacent property from dust produced by construction operations. Use encapsulating or wetting devices to control moisture content of traffic and construction areas. 6.39.2 Control surface drainage to prevent off-site discharge or pollutants and prevent erosion and sedimentation. 6.39.3 Provide berms,dikes or drains to divert water flow away from existing structures into storm water retention areas. 6.39.4 Provide methods necessary to prevent mud and debris from entering storm water system. 6.39.5 Provide methods necessary to prevent excessive noise on Site.CONTRACTOR shall comply with OSHA and CITY's noise requirements. 6.39.6 Provide methods necessary to prevent pests and insects from damaging the Work. 6.39.7 Provide methods necessary to prevent contamination of soil,water,and atmosphere from discharge of noxious,toxic substances or GENERAL CONDITIONS 40 Page 571; Af Q4 pollutants from construction operations. 6.39.8 SUBMITTALS: 6.39.8.1 Comply with Section 2.10"Submittal Procedures." 6.39.8.2 Submit site plan and floor plans indicating locations and material construction of proposed protective structures. 6.39.9 TEMPORARY FENCING: 6.39.9.1 Provide a six(6)foot high,minimum ten(10)gage minimum or galvanized steel fabric. 6.39.9.2 Fencing shall have six(6)foot high visual fabric cover to block visual access to construction activities. 6.39.9.3 Provide 5/8"C/D plywood sheets,pressure treated or other means of weather protection,with 2 x 4 wood framing at edges and 24"maximum vertical spacing. 6.39.10 TEMPORARY WALLS: 6.39.10.1 Provide demising Wall:5/8"C/D plywood sheets,2 x 4 wood framing at 24"maximum spacing,and 10 mil black polyethylene vapor barrier covering with sealed joints. 6.39.10.2 Provide overhead Protection:Metal scaffolding with'/"B/C plywood or 2"x 12"wood planking. 6.39.11 EXECUTION/INSTALLATION AND REMOVAL: 6.39.11.1 Install temporary fencing prior to start of vertical construction and removed upon completion of work. 6.39.11.2 Install demising walls prior to start of renovations or building additions and removed work. 6.39.11.3 Protect or remove walls during storm events where winds are anticipated over seventy-four(74)miles per hour. 6.40 SECURITY PROCEDURES: 6.40.1 The CONTRACTOR shall protect new work,existing facilities and grounds from damage,theft,vandalism,and unauthorized entry. 6.40.2 The CONTRACTOR shall initiate security program in coordination with Owner's existing security system at time of Project,mobilizing to ensure safety of employees or persons at the unaffected areas. 6.40.3 The CONTRACTOR shall maintain a security program throughout construction period until Owner's Project acceptance. 6.40.4 PERSONNEL IDENTIFICATION: 6.40.4.1 CONTRACTOR/CM on-site staff,sub-contractors and vendors on Site shall wear identification badges at all times. 6.40.4.2 Identification badges shall be current at time of Project and shall be re-verified and re-issued annually if Project extends past original badge expiration date. 6.40.5 SUBMITTALS: 6.40.5.1 The CONTRACTOR shall comply with Section 2.10"Submittal Procedures". 6.40.5.2 The CONTRACTOR shall provide a list of personnel proposed to be utilized. 6.40.5.3 The CONTRACTOR shall submit a list of personnel proposed to be substituted for persons already identified to be utilized on the Project. 6.40.5.4 The CONTRACTOR shall provide a security plan to CITY indicating how construction site is to be secured to include normal and emergency egress and ingress. 6.41 PRODUCT SUBSTITUTION PROCEDURES 6.41.1 The CONTRACTOR shall follow the administrative and procedural requirements listed below in Section 6.41.2 for consideration of request for substitution during the design and construction phases. 6.41.2 CONTRACTOR'S SUBMITTAL PROCEDURES: 6.41.2.1 Transmit each substitution request on company letterhead. 6.41.2.2 During bidding phase,substitution requests shall be directed to the CITY's Procurement Services Division. 6.41.2.3 During the construction phase,substitution requests shall be directed to the CONSULTANT. GENERAL CONDITIONS 41 6.41.2.4 Substitution requests shall identify Project,CONTRACTOR/CM and CONSULTANT during the bidding phase plus Sub- Contractor or supplier during construction phase,indicating Specification Section and Paragraph Number of specified material and pertinent drawing and detail numbers,as appropriate. Include complete information as required in the Substitution Form. Incomplete information will result in automatic rejection of the substitution request. 6.41.2.5 Apply CONTRACTOR's stamp, signed or initialed certifying that review, approval,verification of products required, field dimensions,adjacent construction work,and coordination of information are in accordance with the requirements of the Work and Contract Documents. 6.41.2.6 Schedule submittals to expedite the Project, and deliver to CONSULTANT or CONTRACTOR/CM at business address. Coordinate submission of related items. 6.41.2.7 For each submittal for review,allow fifteen (15)working days including delivery time to and from the CONSULTANT or CONTRACTOR/CM. 6.41.2.8 Identify variations from Contract Documents and product or system limitations,which may be detrimental to successful performance of the completed work. 6.41.2.9 Provide space for CONTRACTOR/CM and CONSULTANT review stamps. 6.41.2.10 When revised for resubmission,identify all changes made since previous submission. 6.41.2.11 Distribute copies of review submittals as appropriate. Instruct parties to promptly report any inability to comply with requirements. 6.41.2.12 Submittals not requested will not be recognized or processed. 6.41.3 SUBSTITUTION REQUESTS Requests for substitutions shall be made no later than ten(10)calendar days prior to Bid date. Requests received afterwards may not be considered. 6.41.4 SCOPE OF WORK: The CONTRACTOR shall follow the administrative and procedural requirements set forth in Section 6.41.5 to assure quality of construction before and during construction. Section 6.41.5 states the CONTRACTOR's general requirements for mockups and field samples,constructed,applied or assembled at the Site for review for use as a quality standard. 6.41.5 COORDINATION AND PROJECT CONDITIONS 6.41.5.1 Coordinate scheduling, submittals, and work to ensure efficient and orderly sequence of installation of interdependent construction elements,with provisions for accommodating items installed later. 6.41.5.2 Verify utility requirements and characteristics of operating equipment are compatible with building utilities. 6.41.5.3 Coordinate work of various sections having interdependent responsibilities for installing,connecting to,and placing in service, such equipment. 6.41.5.4 Coordinate space requirements,supports and installation of mechanical and electrical work that is indicated diagrammatically on Drawings. 6.41.5.5 Follow routing shown for pipes,ducts and conduits as closely as practicable,place runs parallel with line of building. Utilize spaces efficiently to maximize accessibility for other installations for maintenance,and for repairs. 6.41.5.6 Within finished areas,except as otherwise indicated,conceal pipes,ducts,and wiring within the construction. Coordinate locations of fixtures and outlets with finish elements. 6.41.5.7 Coordinate completion and clean-up work of separate sections in preparation for Substantial Completion and for portions of work designated for CITY's partial occupancy. 6.41.5.8 After CITY occupancy of premises,coordinate access to Site for correction of defective work and work not in accordance with the Contract Documents,to minimize disruption of CITY's activities. 6.41.5.9 Change orders for extra work required by CONTRACTOR/CM due to poor coordination with sub trades will not be considered by the CITY. 6.42 FIELD ENGINEERING CONTRACTOR shall employ Land Surveyor registered in State of Florida approved by CITY. 6.42.1 CONTRACTOR shall locate and protect survey control and reference points. GENERAL CONDITIONS 42 Page 577 Af c14 6.42.2 CONTRACTOR shall control datum for survey established by CITY provided survey. 6.42.3 CONTRACTOR shall verify setbacks and easements,confirm drawing dimensions and elevations. 6.42.4 CONTRACTOR shall provide field engineering services and establish elevations,lines and levels,utilizing recognized engineering survey practices. 6.42.5 CONTRACTOR shall submit copy of site drawing and certificate signed by the Land Surveyor that the elevations and locations of the Work are in conformance with the Contract Documents. ARTICLE 7—OTHER WORK 7.1 RELATED WORK AT SITE: 7.1.1 The CITY may perform other work related to the Project at the Site pursuant to other direct contracts therefor which shall contain General Conditions similar to these. If the fact that such other work is to be performed was not noted in the Contract Documents,written notice thereof shall be given to CONTRACTOR prior to starting any such Other Work,and if CONTRACTOR believes that such performance shall involve additional time and the parties are unable to agree as to the extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11 (Change in Contract Price)and Article 12(Changes in Contract Time). If the performance of additional work by other contractor or the CITY is noted in the Contract Documents,no additional adjustment of time or compensation shall be considered. 7.1.2 CONTRACTOR shall afford the CITY and other contractors who are party to such a direct contract(or the CITY,if the CITY is performing the additional work with the CITY's employees)proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such work, and shall properly connect and coordinate the work with the CONTRACTOR's. CONTRACTOR shall do all cutting,fitting and patching of the Work that may be required to make its several parts come together properly and integrate with such other work. CONTRACTOR shall not endanger any work of other contractors by cutting, excavating or otherwise altering other contractor's work and shall only cut or alter other contractor's work with the written consent of the CITY and CONSULTANT and the other contractors whose work shall be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for the benefit of the CITY and other contractors to the extent that there are comparable provisions for the benefit of CONTRACTOR in such direct contracts between the CITY and other contractors. 7.1.3 If any part of CONTRACTOR's work depends for proper execution for results upon the work of any such other contractor,other than CONTRACTOR's own SubContractor,CONTRACTOR shall inspect and promptly report to CONSULTANT in writing,any delays,defects or deficiencies in such other contractor's work that render it unavailable or unsuitable for such proper execution and results of CONTRACTOR's work. CONTRACTOR's failure to report shall constitute an acceptance of the other contractor's work as fit and proper for integration with CONTRACTOR's work except for latent defects and deficiencies in the other contractor's work. 7.2 COORDINATION: 7.2.1 If the CITY contracts with others for the performance of other work on the Project at the Site,the person or organization who shall have authority and responsibility for coordination of the activities among the various prime contractors shall be identified in the Special Conditions and the specific matters to be covered by such authority and responsibility shall be itemized,and the extent of such authority and responsibilities shall be provided in the Special Conditions. Unless otherwise provided in the Special Conditions,neither the CITY nor the CONSULTANT shall have any authority or responsibility in respect of such coordination. ARTICLE 8—THE CITY'S RESPONSIBILITIES 8.1 COMMUNICATIONS TO CONTRACTOR: 8.1.1 CITY shall issue all communications to CONTRACTOR,and provide a copy to CONSULTANT. 8.2 FURNISH DATA: 8.2.1 CITY shall promptly furnish the data required of the CITY under the Contract Documents. 8.3 PAYMENTS: 8.3.1 CITY shall make payments to CONTRACTOR promptly when they are due as provided in Section 14.5(Review of Application for Progress Payment)and Section 14.10(Final Payment and Acceptance)of the General Conditions. 8.4 LANDS,EASEMENTS:REPORTS AND TESTS: 8.4.1 The CITY's duties in respect to providing lands and easements and providing engineering surveys,if available and to establish reference points are set forth in paragraphs 4.11(Availability of Land)and 4.5.1(Reference Points)of the General Conditions. 8.4.2 The CITY shall identify and make available to CONTRACTOR copies of reports of physical conditions at the Site and Drawings of existing structures that have been utilized in preparing the Contract Documents as set forth in Paragraph 4.2(Report of Physical Conditions). 8.5 CHANGE ORDERS: 8.5.1 The CITY shall execute Change Orders as provided in Article 10(Changes in the Work)of the General Conditions. GENERAL CONDITIONS 43 nA 8.6 SUSPENSION OF WORK: 8.6.1 The CITY's may stop Work,suspend Work or terminate the services of CONTRACTOR pursuant to Paragraph 13.5(CITY May Stop Work),Paragraph 15.1 (CITY May Suspend Work).Paragraph 15.2(CITY May Terminate for Cause)and Paragraph 15.3(CITY May Terminate Without Cause). 8.7 ESTIMATED DOLLAR VALUE: 8.7.1 No guarantee of the dollar amount of this Bid is implied or given. Final amount will be based on actual usage/quantities. 8.8 QUANTITIES: 8.8.1 Quantities shown are estimates only. No guarantee or warranty is given or implied by the CITY as to the total amount that may or may not be purchased from any resulting contract. The CITY reserves the right to decrease or increase quantities or add or delete any item from the contract if it is determined that it best serves the interests of the CITY. Orders shall be placed as needed by individual locations during the contract period. The CONTRACTOR agrees that the price(s)offered shall be maintained irrespective of the quantity actually purchased. 8.9 ADDITIONAL TERMS AND CONDITIONS: 8.9.1 No additional terms and conditions included with the Bid response shall be evaluated or considered,have any force or effect,and are inapplicable to this Bid. It is understood and agreed that the conditions in these Bid Documents are the only conditions applicable to this Bid and the CONTRACTOR's authorized signature on the Bid Form attests to this. ARTICLE 9—CONSULTANT'S STATUS DURING CONSTRUCTION: 9.1 CITY'S REPRESENTATIVE: 9.1.1 The CONSULTANT(if specifically designated),or a specifically designated employee of the CITY,shall act as the CITY's Representative during the construction period. . 9.1.2 The CONSULTANT's or CITY's Representative's decision with the consent of the CITY's Project Manager in matters relating to aesthetics shall be final,if pursuant to the terms of the Contract Documents. 9.1.3 CONSULTANT or CITY's Representative shall work with the CITY to: 9.1.3.1 Establish on-site lines of authority and communications,and 9.1.3.2 Schedule and conduct pre-construction meeting and progress meetings. 9.1.4 CONSULTANT or CITY's Representative shall also work with the CITY to establish procedures for: 9.1.4.1 Submittals 9.1.4.2 Reports and Records 9.1.4.3 Recommendations 9.1.4.4 Coordination of drawings 9.1.4.5 Schedules 9.1.4.6 Resolution of conflicts 9.1.5 CONSULTANT shall also: 9.1.5.1 Interpret Contract specifications and Drawings 9.1.5.2 Transmit written interpretations to CONTRACTOR,and to other concerned parties, 9.1.5.3 Assist in obtaining permits and approvals 9.1.5.4 Verify that CONTRACTOR and SubContractors have obtained inspections for Work and for temporary facilities,and 9.1.5.5 Assist CITY to control the use of Site. 9.2 VISITS TO SITE: 9.2.1 After written Notice to Proceed with the Work,the CONSULTANT shall make visits to the Site at intervals appropriate to the various stages of construction or as per CONSULTANT's contract with CITY to observe the progress and quality of the executed Work and to determine in general, if the Work is proceeding in accordance with the Contract Documents. On the basis of its on-site observations,as an experienced and qualified design professional,CONSULTANT shall keep the CITY informed of the progress of the Work and endeavor to guard the CITY against defects and deficiencies in the Work of the CONTRACTOR. 9.3 PROJECT REPRESENTATION: 9.3.1 The CITY of Boynton Beach or its authorized agents,inspectors or representatives shall act within the scope of duties entrusted to them by the CITY. 9.4 CLARIFICATIONS AND INTERPRETATIONS: 9.4.1 The CONSULTANT or CITY's Representative shall issue with reasonable promptness such written clarifications or interpretations of the requirements of the Contract Documents(in the form of Drawings or otherwise)as the CITY may determine necessary,which shall be consistent with the Contract Documents. If CONTRACTOR believes that a written clarification of interpretation justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable to agree to the amount or extent thereof,CONTRACTOR GENERAL CONDITIONS 44 may make a claim therefore as provided in Article 11(Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 9.5 MEASUREMENTS: 9.5.1 MEASUREMENTS: All Work completed under the Contract shall be measured by the CONSULTANT's or CITY's Representative or Project Representative according to the United States Standard Measures. All linear surface measurements shall be made horizontally or vertically as required by the item measured. 9.6 REJECTING DEFECTIVE WORK: 9.6.1 The CONSULTANT,CITY's Representative or Project Representative shall have authority to disapprove or reject Work which is"defective" (which term is hereinafter used to describe Work that is unsatisfactory, faulty or defective, or does not conform to the requirements of the Contract Documents or does not meet the requirements of any inspection,test or approval referred to in the Contract Documents,or has been damaged prior to final inspection). The CONSULTANT,CITY's Representative or Project Representative shall also have authority to require special inspection or testing of the Work as may be individually or severally deemed necessary,whether or not the Work is fabricated,installed or completed. 9.7 SHOP DRAWINGS,CHANGE ORDERS AND PAYMENTS: 9.7.1 The CONSULTANT's responsibility for Shop Drawings and samples shall be pursuant to Sections 6.11 (Shop Drawings and Samples)of the General Conditions. 9.7.2 The CONSULTANT's responsibilities as to Change Orders shall be pursuant to Article 10, (Changes in Work),Article 11 (Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 9.7.3 The CONSULTANT's responsibilities in respect to Applications for Payment,etc.shall be pursuant to Article 14(Payment to Contractor and Completion)of the General Conditions. 9.8 DETERMINATIONS FOR UNIT PRICES: 9.8.1 The CITY's Project Manager and CONSULTANT shall determine the actual quantities and classifications of Unit Price Work performed by CONTRACTOR. The CITY's Project Manager and CONSULTANT shall review with CONTRACTOR,CONSULTANT's preliminary determinations on such matters before rendering a written decision by recommendation of an Application for Payment or otherwise. The CITY's Project Manager's written decisions shall be final and binding upon the CITY and CONTRACTOR unless,within ten(10)days after the date of any such decision,the CONTRACTOR delivers to the CITY and to CONSULTANT written notice of intention to appeal from such a decision. 9.9 DECISIONS ON DISPUTES: 9.9.1 The CITY's Project Manager with the input of the CONSULTANT shall be the initial interpreter of the requirements of the Contract Documents and evaluator of the acceptability of the Work under the Contract. Claims, disputes and other matters relating to the acceptability of the Work or the interpretation of the requirements of the Contract Documents pertaining to the performance and furnishing of the Work and claims under Articles 11 (Change in Contract Price)and Article 12(Change in Contract Time)in respect to changes in the Contract Price or Contract Time shall be referred initially to CONSULTANT with the consent of the CITY's Project Manager, the CONSULTANT shall render a decision on the claim or disputed matter in writing within a reasonable time.Written notice of each such claim, dispute and other matter shall be delivered by the claimant to the CITY's Project Manager and CONSULTANT and the other party(ies)to the Contract promptly(but in no event later than ten(10)days)after the start of the occurrence or event giving rise thereto, and written supporting data shall be submitted to the CITY's Project Manager and CONSULTANT within ten (10) days after such occurrence,unless CONSULTANT with the consent of the CITY's Project Manager allows an additional period of time to ascertain more accurate data in support of such claim,dispute or other matter. 9.9.2 The CITY's Project Manager and CONSULTANT shall submit any response to the claimant within ten (10) days after receipt of the claimant's last submittal(unless the CITY's Project Manager and CONSULTANT allow additional time).CONSULTANT with the consent of the CITY's Project Manager shall render a formal decision in writing by thirty(30)days after receipt of the opposing party's submittal,if any,in accordance with this paragraph. The CITY's Project Manager's written decision,on such claim,dispute,or other matter shall be final and binding upon CONTRACTOR unless: i) an appeal from CITY/CONSULTANT's decision is taken within the time limits and in accordance with the procedures set forth pursuant to Article 16(Dispute Resolution),or ii) a written notice of intention to appeal from the CITY's Project Manager and CONSULTANT's written decision is delivered by CONTRACTOR to the CITY's Project Manager and CONSULTANT within ten(10)days after the date of such decision and a formal proceeding is instituted by the appealing party in forum of competent jurisdiction to exercise such rights or remedies as the appealing party may have with respect to such claim,dispute or other matter in accordance with applicable laws and regulations within thirty(30)days of the date of such decision,unless otherwise agreed in writing by CITY and CONTRACTOR. 9.9.3 The rendering of a decision by the CITY's Project Manager pursuant to Paragraphs 9.8.1,(Determinations of Unit Prices),9.9.1 and 9.9.2 (Dispute Resolution)with respect to any such claim,dispute or other matter(except any which have been waived by the making or acceptance of final payment as provided in Paragraph 14.11 (Waiver of Claims) shall be a condition precedent to any exercise by CONTRACTOR of such rights or remedies as either may otherwise have under the Contract Documents or by laws or regulations in respect of any such claim,dispute or other matter pursuant to Article 16. 9.10 INSPECTION AND TESTING: GENERAL CONDITIONS 45 9.10.1 CONSULTANT shall inspect Work to assure performance pursuant to the requirements of Contract Documents as follows: 9.10.1.1 Administer special testing and inspections of suspect Work. 9.10.1.2 Reject Work which does not comply with requirements of Contract Documents. 9.10.2 Coordinate Testing Laboratory Services: 9.10.2.1 Verify that required laboratory personnel and present. 9.10.2.2 Verify that tests are made in accordance with specified standards. 9.10.2.3 Review test reports for compliance with specified criteria. 9.10.2.4 Recommend and administer any required re-testing. 9.11 LIMITATIONS ON CONSULTANT: 9.11.1 Neither CONSULTANT's authority to act under this Article 9 or elsewhere in the Contract Documents nor any decision made by CONSULTANT either to exercise or not exercise such authority shall give rise to any duty or responsibility of CONSULTANT to CONTRACTOR,any SubContractor,any Supplier or any other person or organization performing any of the Work,or to any surety. 9.11.2 Whenever in the Contract Documents the term"as ordered","as directed","as required","as allowed","as approved",or terms of like effect or import are used,or the adjectives"reasonable","suitable","acceptable","proper',or"satisfactory",or adjectives of the like effect or import are used to describe a requirement,direction,review or judgment of the CONSULTANT as to the Work,it is intended that such requirement,direction,review or judgment shall be solely to evaluate the Work for compliance with the Contract Documents(unless there is a specific statement indicating otherwise). The use of any such term or adjective shall not be effective to assign to CONSULTANT any duty or authority to supervise or direct the furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to the provisions of Paragraphs 9.11.3 or 9.11.4 of the General Conditions. 9.11.3 CONSULTANT shall not be responsible for CONTRACTOR's means,methods,techniques,sequences or procedures of construction,or the safety precautions and programs incident thereto,and CONSULTANT shall not be responsible to CONTRACTOR or CONTRACTOR's failure to perform or furnish the Work pursuant to the Contract Documents. 9.11.4 CONSULTANT shall not be responsible for the acts or omissions of CONTRACTOR or of any SubContractor,any Supplier,or of any other person or organization performing or furnishing any of the Work. ARTICLE 10—CHANGES IN THE WORK 10.1 AUTHORIZED CHANGES IN THE WORK 10.1.1 Without invalidating the Contract and without notice to any surety,the CITY may at any time order additions,deletions or revisions in the Work,these changes shall be authorized by a Field Order or Change Order. Upon receipt of any such order or document,CONTRACTOR shall promptly proceed with the Work involved that shall be performed under the applicable conditions of the Contract Documents,except as otherwise specifically provided. 10.1.2 If the CITY and CONTRACTOR are unable to agree as to the extent, if any,of an increase or decrease in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a result of a Change Order,a claim may be made therefor as provided in Article 11(Change in Contract Price)and Article 12(Change in Contract Time)of the General Conditions. 10.2 UNAUTHORIZED CHANGES IN THE WORK 10.2.1 CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Work performed that is not required by the Contract Documents as amended,modified and supplemented as provided in Section 3.2(References to Standards)except in the case of an emergency as provided in Paragraph 6.10.11 (Emergencies)or except in the case of uncovering Work as provided in Paragraph 13.4.2(Uncovering Work). 10.3 EXECUTION OF CHANGE ORDERS: 10.3.1 The CITY and CONTRACTOR shall execute appropriate Change Orders(or Written Amendments)covering: 10.3.1.1 Changes in Work,which are ordered by the CITY,pursuant to Paragraph 10.1.1 (Changes in the Work)or are required because of acceptance of defective Work under Paragraph 13.9,or are agreed by the parties. 10.3.1.2 Changes in the Contract Price or Contract Time which the parties agree to. 10.3.1.3 Changes in Contract Price or Contract Time which embody the substance of any written decision rendered by CONSULTANT pursuant to Paragraph 9.9.1 (Decisions on Disputes),provided that,in lieu of executing any such Change Order,an appeal may be taken from any such decision in accordance with the provisions of the Contract Documents and applicable laws and regulations,but during any such appeal,CONTRACTOR shall carry on the Work and adhere to the progress schedule as provided in Paragraph 6.24.1. 10.3.2 Surety: It is distinctly agreed and understood that any changes made in the Contract Documents for this Work(whether such changes increase or decrease the amount thereof)or any change in the manner or time of payments or time of performance made by the CITY to the CONTRACTOR shall in no way annul,release or affect the liability and surety on the Bonds given by the CONTRACTOR. If notice of any change affecting the general scope of the Work or the provisions of the Contract Documents(including,but not limited to Contract Price or Contract Time)is required by the provisions of any Bond to be given to a Surety,the giving of any such notice shall be the CONTRACTOR's responsibility,and the amount of each applicable Bond shall be adjusted accordingly. 10.3.3 Notwithstanding, anything to the contrary contained within the Contract Documents, all change orders involving additional cost or extensions of time,shall be governed pursuant to the ordinances of the CITY. GENERAL CONDITIONS 46 ARTICLE 11—CHANGE OF CONTRACT PRICE 11.1 GENERAL 11.1.1 The Contract Price constitutes the total compensation(subject to authorized adjustments)payable to CONTRACTOR for performing the Work. All duties,responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense without change in the Contract Price. 11.1.2 The Contract Price may only be changed by a Change Order. Any claim for an increase or decrease in the Contract Price shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly(not later than ten(10)days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty(30)days after such occurrence and shall be accompanied by claimant's written statement that the amount claimed covers all known amounts(direct,indirect and consequential)to which the claimant is entitled as a result of the occurrence of such event. All claims for adjustment in the Contract Price shall be determined by CITY and CONSULTANT in accordance with Paragraph 9.8.1,if the CITY and CONTRACTOR cannot otherwise agree on the amount involved. Any claim for an adjustment in the Contract Price shall not be waived if not submitted in accordance with this Paragraph 11.1.2. 11.1.3 The value of any Work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: 11.1.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents by application of unit prices to the quantities of the items involved(subject to provisions of Section 11.5.(Unit Price Work)inclusive). 11.1.3.2 By mutual acceptance of a lump sum(which shall include an allowance for overhead and profit in accordance with Paragraph 11.3.1.2a(Contractor's Fee). 11.1.3.3 On the basis of the Cost of the Work(determined as provided in Section 11.2,inclusive)plus a CONTRACTOR's fee for overhead and profit)determined as provided in Section 11.3,Contractor's Fee,inclusive. 11.2 COST OF THE WORK: 11.2.1 General:The term Cost of the Work means the sum of all costs necessary incurred and paid by CONTRACTOR in the proper performance of the Work. Except as otherwise may be agreed to in writing by the CITY,such costs shall be in amounts no higher than those prevailing in the locality of the Project and must be approved by the CITY and CONSULTANT before any payment. Such costs shall include only the following items listed below in Paragraphs 11.2.2 thru 11.2.6 and shall not include any of the costs itemized in Paragraph 11.2.7 (Exclusions to Cost of the Work). 11.2.2 Labor:The term Cost of the Work includes payroll costs for employees in the direct employ of CONTRACTOR in the performance of the Work under schedules of job classifications including the expenses of performing work after regular hours on Saturday,Sunday and legal holidays, agreed upon by the CITY and CONTRACTOR. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include,but not limited to,salaries and wages plus the cost of fringe benefits which shall include social security contributions, unemployment, excise and payroll taxes, workers' or workmen's compensation,health and retirement benefits,sick leave,vacation and holiday pay applicable thereto. Employees under this paragraph shall include superintendents and foremen on site. 11.2.3 Materials and Equipment:The term Cost of Work includes cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof,and Supplier's field services required in connection therewith. All cash discounts shall accrue to CONTRACTOR unless the CITY deposits funds with CONTRACTOR with which to make payments,in which case,the cash discounts shall accrue to the CITY. All trade discounts,rebates and refunds,and all returns from sale of surplus materials and equipment shall accrue to the CITY,and CONTRACTOR shall make provisions so that they may be obtained. 11.2.4 Subcontractor:The term Cost of the Work includes payments made by CONTRACTOR to the SubContractors for Work performed by SubContractors,The CONTRACTOR shall obtain competitive bids from subcontractors acceptable to CONTRACTOR and shall deliver such bids to the CITY who shall then determine with the advice of the CONSULTANT,which bids shall be accepted. If a subcontract provides that the subcontractor is to be paid on the basis of Cost of Work plus a fee,the subcontractor's Cost of the Work shall be determined in the same manner as CONTRACTOR's Cost of Work. All subcontracts shall be subject to all provisions of the Contract Documents. 11.2.5 Costs of Special Consultants: The term Cost of the Work includes special consultants employed for services specifically related to the Work including but not limited to engineers,architects,testing laboratories,surveyors,attorneys and accountants. 11.2.6 Supplemental Costs: The term Cost of the Work includes the following: a. Costs,including transportation and maintenance,of all materials,supplies,equipment,machinery,appliances,office and temporary facilities at the site and tools not owned by the workers that are consumed in the performance of Work,and costs less than market value of such items used but not consumed which remain the property of the CONTRACTOR. b. Rentals of all construction equipment and machinery and the parts thereof,whether rented from CONTRACTOR or others in accordance with rental agreements approved by the CITY with the advice of CONSULTANT,and the costs of transportation,loading, unloading,installation,dismantling and removal thereof—in accordance with terms of such rental agreements. The rental of any such equipment,machinery or parts shall cease when the use thereof is no longer necessary for the Work. C. Cost of premiums for additional bonds and insurance required because of changes in the WORK. 11.2.7 Exclusions to Cost of the Work:The term Cost of the Work shall not include any of the following: 11.2.7.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of partnership and sole proprietorships) general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and GENERAL CONDITIONS 47 page 580 Af C14 contracting agents,expeditors,timekeepers,clerks and other personnel employed by CONTRACTOR whether at the site in CONTRACTOR''s principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.2.2(Labor)or specifically covered by Paragraph 11.2.5(Costs of Special Consultants)—all of which are to be considered administrative costs covered by the CONTRACTOR's fee pursuant to Paragraph 11.3 of the General Conditions. 11.2.7.2 Expenses of any of CONTRACTOR's offices,including principal and branch offices,other than CONTRACTOR's office at the Site. 11.2.7.3 Any part of CONTRACTOR's capital expenses including interest on CONTRACTOR's capital employed for the Work and charges against CONTRACTOR for delinquent payments. 11.2.7.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is required by the Contract Documents to purchase and maintain the same(except for the cost of premiums covered by subparagraph 11.2.6(c)above. 11.2.7.5 Costs due to the negligence or intentional acts of the CONTRACTOR,any subcontractor,supplier or anyone whose acts CONTRACTOR or subcontractor may be liable, including but not limited to,the correction of defective Work,disposal of materials or equipment wrongly supplied and making good any damage to property. 11.2.7.6 Costs associated with fringe benefits that are greater than actual costs,i.e.where worker hours exceed a typical 8-hour day and 40-hour workweek. 11.2.7.7 Other overhead or general expense costs of any kind and the costs of any item not specifically and expressly included in Section 11.2(Cost of the Work). 11.3 CONTRACTOR'S FEE: 11.3.1 The CONTRACTOR's fee for overhead and profits shall be determined as follows: 11.3.1.1 A mutually acceptable fixed fee,or if none can be agreed upon; 11.3.1.2 A fee based on the following percentages of the various portions of the Cost of the Work: a. For costs incurred under Paragraphs 11.2.2(Labor)and 11.2.3(Materials and Equipment)the CONTRACTOR's fee shal I be five(5%)percent. b. For costs incurred under Paragraph 11.2.4(Subcontractors),the CONTRACTOR's fee shall be five(5%)percent,and if a subcontract is on the basis of Cost of the Work plus a fee,the maximum allowable to CONTRACTOR on account of overhead and profit of all subcontractors shall be five(5%)percent. c. No fee shall be payable on the basis of costs itemized under Paragraphs 11.2.5 (Cost of Consultants), 11.2.6 (Supplemental Costs)and 11.2.7(Exclusions). d. The amount of credit to be allowed by CONTRACTOR to the CITY for any such change which results in a net decrease in cost shall be the amount of the actual net decrease plus a deduction in CONTRACTOR's fee by an account equal to ten(10%)percent of the net decrease,and e. When both additions and credits are involved in any one change,the adjustment in CONTRACTOR's fee shall be computed on the basis of net change in accordance with Paragraphs 11.3.1.2(a)through 11.3.1.2(d)inclusive. 11.3.2 Whenever the cost of any work is to be determined pursuant to Paragraph 11.2.1 (General) or Paragraph 11.2.7 (Exclusions), CONTRACTOR shall submit in writing to the CITY and CONSULTANT and in form acceptable to CONSULTANT,an itemized breakdown together with supporting data. 11.4 ALLOWANCES: 11.4.1 It is understood that CONTRACTOR has included in the Contract Price all allowances named in the Contract Documents and shall cause the Work so covered in the Contract documents to be done by such subcontractors or suppliers and for such sums within the limit of the allowances as acceptable to the CITY,CONTRACTOR agrees that: 11.4.1.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts)of materials and equipment required by the allowances to be delivered at the Site,and all applicable taxes and 11.4.1.2 CONTRACTOR's costs for unloading and handling on the Site,including labor,installation costs,overhead,profit and other expenses contemplated for the allowances have been included in the Contract Price and not in the allowances. No demand for additional payment on account of any thereof shall be valid. 11.4.1.3 Prior to final payment,an appropriate Change Order shall be issued as recommended by CONSULTANT to reflect actual amounts due CONTRACTOR on account of Work covered by allowances and the Contract Price shall be correspondingly adjusted. 11.5 UNIT PRICE WORK: 11.5.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,initially the Contract Price shall be deemed to include for all Unit Price Work,an amount equal to the sum of the established unit prices for each separately identified item of Unit Price Work,times the estimated quantity of each item as indicated in the Contract. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by CONTRACTOR shall be made by CONSULTANT and CITY in accordance with Paragraph 9.8-Determination of Unit Prices. 11.5.2 Each unit price shall be deemed to include an amount considered by CONTRACTOR to be adequate to cover CONTRACTOR's overhead and profit for each separately identified item. 11.5.3 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work,and if CONTRACTOR believes that CONTRACTOR has incurred additional expense as a result thereof,CONTRACTOR may make a claim pursuant to applicable provisions of these General Conditions for an increase in the Contract Price,if the parties are unable to agree as to the amount of any such increase. GENERAL CONDITIONS 48 page 58P Af C14 11.5.4 Where the quantity of any item of Unit Price Work performed by CONTRACTOR differs materially and significantly from the estimated quantity of such item indicated in the Contract and there is no corresponding adjustment with respect to any other item of work and if the CITY believes that CONTRACTOR has incurred reduced expense as a result thereof,CITY may make a claim for a decrease in the Contract Price in accordance with Article 11—Change in Contract Price if the parties are unable to agree as to the amount of any decrease. 11.6 OMITTED WORK: 11.6.1 The CITY may at anytime,by written order,without Notice to the Sureties,require omission of such contract Work as it may find necessary or desirable.An order for omission of Work shall be valid only by an executable Change Order. All Work so ordered must be omitted by the CONTRACTOR. The amount by which the Contract Price shall be reduced shall be determined as follows: 11.6.1.1 By such applicable unit prices,or rates for work of a similar nature or character as set forth in the Contract,or 11.6.1.2 By the appropriate lump sum price set forth in the Contract,or 11.6.1.3 By the reasonable and fair estimated cost of such omitted Work and profit percentage as determined by the CONTRACTOR and the CONSULTANT,and approved by the CITY. ARTICLE 12—CHANGE OF CONTRACT TIME 12.1 GENERAL 12.1.1 The Contract Time may only be changed by a Change Order.Any claim for an extension or shortening of Contract Time shall be based on written notice delivered by the party making the claim to the other party and to CONSULTANT promptly(but in no event later than seven(7)days)after the occurrence of the event giving rise to the claim and stating the general nature of the claim.Notice to the extent of the claim with supporting data shall be delivered within seven(7)days after such occurrence and shall be accompanied by the claimant's written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of such event. Claims made beyond these time limits shall be null and void. Reporting of the general nature of the claim shall include at a minimum: 12.1.1.1 Nature of the delay or change in the Work. 12.1.1.2 Dates of commencement/cessation of the delay or change in the Work. 12.1.1.3 Activities on the progress schedule current as of the time of delay or change in the Work affected by the delay or change in the Work. 12.1.1.4 Identification and demonstration that the delay or change in the Work impacts the construction schedule. 12.1.1.5 Identification of the source of delay or change in the Work. 12.1.1.6 Anticipation on impact extent of the delay or change in the Work. 12.1.1.7 Recommended action to minimize delay. 12.1.2 Requests for extension of time shall be fully documented and shall include copies of daily logs,letters,shipping orders,delivery tickets, and other supporting information. In case of continuing cause of delay,only one(1)claim is necessary. Normal working weeks are based on a five(5)day week.All claims for adjustment of the Contract Time shall be determined by the CITY with input from the CONSULTANT. No claim for an adjustment in the Contract Time shall be valid if not submitted in accordance with the requirements of this Article 12 the General Conditions. 12.1.3 If CONTRACTOR is prevented from completing any part of the Work within the Contract Times(or Milestones)that,in the sole judgment of the CITY whose decision shall be binding upon CONTRACTOR is due to delay beyond the control of the CONTRACTOR,the Contract Times(or Milestones)shall be extended in an amount equal to the time lost due to such delay if a claim is made therefore as provided in Article 12 of the General Conditions. 12.1.4 Delays beyond the control of CONTRACTOR shall include acts or neglect by the CITY,acts or neglect by utility owners or other contractors performing other work as contemplated by Article 7—Related Work at Site,fires,floods,epidemics,or acts of God. 12.1.5 The CONTRACTOR must mitigate any loss of time to include but not be limited to performing ancillary Work as is applicable to the Project. 12.1.6 Claims for delay due to inclement weather(i.e.beyond the 10-year mean average)shall be the made within ten(10)days of the inclement weather occurrence. 12.1.7 Delays attributable to and within the control of a SubContractor or supplier shall be deemed to be delays within the control of the CONTRACTOR. 12.1.8 If the CONTRACTOR is prevented from completing any part of the Work within the Contract Time(or Milestones)due to delay beyond the control of both CITY and CONTRACTOR,an extension of the Contract Times(or Milestones)in an amount equal to the time lost due to such delay shall be CONTRACTOR's sole and exclusive remedy for such delay. In no event shall CITY be liable to CONTRACTOR,and SubContractor,any supplier,any other person or organization,or to any surety or employee or agent of any of them,for damages arising out of or resulting from(i)delays caused by or within the control of the CONTRACTOR,or(ii)delays beyond the control of both parties including but not limited to fires,floods,epidemics,abnormal weather conditions,acts of God or acts of neglect by utility owners or other contractors performing work as contemplated by Article 7—Related Work at Site. 12.2 LIQUIDATED DAMAGES 12.2.1 The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY shall suffer financial loss if the Work is not completed within the times specified in Paragraph 2.3—Notice to Proceed plus any extensions thereof allowed in accordance with Article 12—Change of Contract Time. Each of the parties acknowledge that it has attempted to quantify the damages which would be suffered by CITY in the event of the failure of CONTRACTOR to perform in a timely manner,but neither one has been capable of ascertaining such damages with any certainty. CITY and CONTRACTOR also recognize and acknowledge the GENERAL CONDITIONS 49 page 584 Af C14 delays,expenses and difficulties involved in providing proof of such damages in a legal proceeding,the actual loss suffered by the CITY if the Work is not completed on time. Accordingly, instead of requiring any such proof,the CITY and CONTRACTOR agree that as liquidated damages for delay(but not as a penalty)CONTRACTOR shall pay the CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to$20,000 $100 $20,001 to$75,000 $200 $75,001 to$150,000 $500 $150,001 to$350,000 $750 $350,001 to$750,000 $800 $750,001 to$1,000,000 $1,000 $1,000,001 to$2,000,000 $1,200 $2,000,001 to$3,000,000 $1,500 $3,000,001 to$4,000,000 $1,600 $4,000,001 to$5,000,000 $1,700 $5,000,001 to$6,000,000 $1,800 $6,000,001 to$7,000,000 $1,900 $7,000,001 to$8,000,000 $2,000 $8,000,001 to$9,000,000 $2,100 $9,000,001 to$10,000,000 $2,200 $10,000,001 to$11,000,000 $2,300 $11,000,001 to$12,000,000 $2,400 $12,000,001 and over $2,500 For each day that expires after the time specified in Paragraph 2.3-Notice to Proceed,for Substantial Completion until the Work is substantially complete. 12.2.2 After Substantial Completion,if CONTRACTOR shall neglect,refuse or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by the CITY,CONTRACTOR shall pay CITY: BASE BID LIQUIDATED DAMAGES PER DAY $1,000 to$20,000 $25.00 $20,001 to$75,000 $50.00 $75,001 to$150,000 $125.00 $150,001 to$350,000 $187.50 $350,001 to$750,000 $200.00 $750,001 to$1,000,000 $250.00 $1,000,001 to$2,000,000 $300.00 $2,000,001 to$3,000,000 $370.00 $3,000,001 to$4,000,000 $400.00 $4,000,001 to$5,000,000 $425.00 $5,000,001 to$6,000,000 $450.00 $6,000,001 to$7,000,000 $475.00 $7,000,001 to$8,000,000 $500.00 $8,000,001 to$9,000,000 $525.00 $9,000,001 to$10,000,000 $550.00 $10,000,001 to$11,000,000 $575.00 $11,000,001 to$12,000,000 $600.00 $12,000,001 and over $625.00 For each day that expires after the time specified in Paragraph 2.3-Notice to Proceed. 12.2.3 This sum is not a penalty.The CITY reserves the right to additionally recover directjob site expenses,including CONSULTANT's expenses incurred during the period of any delay. The CONTRACTOR shall be liable for liquidated damages even if the Contract is terminated by the CITY for cause or if the CONTRACTOR abandons the Work. The liability of the CONTRACTOR and its surety or sureties for damages provided by this Article is joint and several. ARTICLE 13-TESTS AND INSPECTIONS,CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 NOTICE OF DEFECTS: 13.1.1 Prompt notice of all defects for which CITY or CONSULTANT have actual knowledge shall be given to CONTRACTOR. All defective Work,whether or not completed,may be rejected,corrected or accepted as provided in Article 13-Tests and Inspections:Correction, Removal or Acceptance of Defective Work. 13.1.2 Unremedied defects identified for correction during the guarantee period but remaining after its expiration shall be considered as part of the obligations of the guarantee. Defects in material,workmanship or equipment which are remedied as a result of obligations of the guarantee,shall subject the remedied portion of the Work to an extended guarantee period of one(1)year after the defect has been remedied. The Surety shall be bound with and for the CONTRACTOR in the CONTRACTOR's observance of the guarantee. GENERAL CONDITIONS 50 page 581; Af C14 13.2 ACCESS TO WORK: 13.2.1 CONSULTANT's and CONSULTANT's representatives,other representatives of the CITY,testing agencies and governmental agencies with jurisdictional interests shall have access to the Work at reasonable times for their observation,inspecting and testing.CONTRACTOR shall provide proper and safe conditions for such access. 13.3 TESTS AND INSPECTIONS: 13.3.1 CONTRACTOR shall give CONSULTANT timely notice of readiness of the Work for all required inspections,tests or approvals. 13.3.2 If any federal,state or local laws and regulations require any Work(or part thereof)to specifically be inspected,tested or approved, CONTRACTOR shall assume full responsibility therefore pay all costs in connection therewith,and furnish CONSULTANT the required certificates of inspection,testing or approval. CONTRACTOR shall also be responsible for and pay all costs in connection with any inspection or testing required in connection with the C ITY's or CONSULTANT's acceptance of supplier of materials or equipment proposed to be incorporated in the Work,or of materials or equipment submitted for approval prior to CONTRACTOR's purchase thereof for incorporation in the Work. 13.3.3 All inspections, tests or approvals other than those required by federal, state, or local laws or regulations shall be performed by organizations acceptable to the CITY and CONSULTANT. 13.3.4 If any work (including the work of others) that is to be inspected, tested or approved is covered without written concurrence of CONSULTANT,it must,if requested by CONSULTANT,be uncovered for observation. Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR has given CONSULTANT timely written notice of CONTRACTOR's intention to cover the same and CONSULTANT has not acted with reasonable promptness in response to such notice. 13.3.5 Observations by CITY,CONSULTANT inspections or tests or approvals by others shall not relieve CONTRACTOR from CONTRACTOR's obligation's to perform the Work in pursuant to the Contract Documents. 13.3.6 General:For tests specified to be made by the CONTRACTOR,the testing personnel shall make the necessary inspections and tests,the testing work and testing report thereof shall be in such form as will facilitate checking to determine compliance with the Contract Documents. Five(5)copies of the report shall be submitted and authoritative certification thereof must be furnished to the CONSULTANT as a prerequisite for the acceptance of any material or equipment. 13.3.7 If,in the making of any test of any material or equipment,it is ascertained by the CONSULTANT that the material or equipment does not comply with the Contract Documents,the CONTRACTOR will be notified thereof and it will be directed to refrain from delivering such material or equipment,or to remove it promptly from the Site or from the Work and replace it with acceptable material,without cost to the CITY. 13.3.8 Tests of electrical and mechanical equipment and appliances shall be conducted in accordance with the recognized test codes. 13.3.9 Costs. All inspection and testing or materials furnished under this Contract will be provided by the CONTRACTOR,unless otherwise expressly specified. 13.3.10 Materials and equipment submitted by the CONTRACTOR as the equivalent of those specifically named in the Contract may be tested by the CITY for compliance. The CONTRACTOR shall reimburse the CITY for the expenditures incurred in making such tests of materials and equipment which are rejected for non-compliance. 13.3.11 Certificate of Manufacture: CONTRACTOR shall furnish CONSULTANT authoritative evidence in the form of Certificate of Manufacture that the materials to be used in the Work have been manufactured and tested in conformity with the Contract Documents. 13.3.12 These Certificates of Manufacture shall be notarized and include copies of the results of physical tests and chemical analyses,where necessary,that have been made directly on the product or on similar products of the manufacturer. 13.3.13 Start-up Tests:As soon as conditions permit,the CONTRACTOR shall furnish all labor,materials and instruments and shall make start- up tests of equipment. 13.3.14 If the start-up tests disclose any equipment furnished under the Contract which does not comply with the requirements of the Contract Documents,the CONTRACTOR shall, prior to demonstration tests, make all changes,adjustments and replacements required.The CONTRACTOR shall assist in the start-up tests as applicable. 13.4 UNCOVERING WORK: 13.4.1 If any Work is covered contrary to the request of CONSULTANT, it must, if requested by CONSULTANT, be uncovered for CONSULTANT's observation and replaced at CONTRACTOR's expense. 13.4.2 If CONSULTANT requests that covered Work be observed by CONSULTANT or inspected or tested by others,CONTRACTOR, at CONSULTANT's request shall uncover,expose or otherwise make available for observation,inspection or testing as CONSULTANT may require,that portion of the Work in question,furnishing all necessary labor,material and equipment. If it is found that such Work is defective,CONTRACTOR shall bear all direct,indirect and consequential costs of such uncovering,exposure,observation,inspection and testing and of satisfactory reconstruction,(including but not limited to fees and charges of engineers,architects,attorneys and other professionals),and the CITY shall be entitled to an appropriate decrease in the Contract Price,and if the parties are unable to agree as GENERAL CONDITIONS 51 page 58r- Af C14 to the amount thereof, may make a claim therefore as provided in Article 11. If however, such Work is found to be defective, CONTRACTOR shall be allowed an increase in Contract Price or an extension of the Contract Time,or both,directly attributable to such uncovering,exposure,observation,inspection,testing and reconstruction,and if the parties are unable to agree as to the amount or extent thereof,CONTRACTOR may make a claim therefore as provided in Article 11 —Change in Contract Price and Article 12—Change in Contract Time in the General Conditions. 13.5 CITY MAY STOP THE WORK: 13.5.1 If the Work is defective,or CONTRACTOR fails to supply sufficient skilled workers or suitable materials or equipment,or fails to furnish or perform the Work in such a way that the completed Work shall conform to the Contract Documents,the CITY may order CONTRACTOR to stop the Work,or any portion thereof,until the cause for such order has been eliminated,however,this right of the CITY to stop the Work shall not give rise to any duty on the part of the CITY to exercise this right for the benefit of CONTRACTOR or any other party. 13.6 CORRECTION OR REMOVAL OF DEFECTIVE WORK. 13.6.1 If required by CONSULTANT,CONTRACTOR shall promptly,as directed,either correct all defective Work,whether or not fabricated, installed or completed,or if the Work has been rejected by CONSULTANT,remove it from the Site and replace with non-defective Work. CONTRACTOR shall bear all direct,indirect,and consequential costs of such correction or removal(including but not limited to fees and charges of engineers,architects,attorneys and other professionals)made necessary thereby. 13.6.2 If the CONTRACTOR refuses to comply,the CITY may do of the following: 13.6.2.1 The CITY shall correct any work so performed by the CONTRACTOR and deduct the expenses for doing so from the final payment due to the CONTRACTOR,or 13.6.2.2 The CITY shall hold back final payment due CONTRACTOR until such time as the Work is completed to the satisfaction of the CITY's Project Manager and in compliance with the CITY's specifications. The CITY's Project Manager shall have the discretion to determine if the Work is satisfactory and in compliance with the specifications. 13.6.3 The remedies contained herein are not exclusive and the CITY/OWNER reserves the right to pursue any and all other remedies it deems applicable. 13.7 ONE-YEAR CORRECTION PERIOD: 13.7.1 If within one(1)year after the date of Acceptance of Work or such longer period of time as may be prescribed by federal,state or local laws and regulations,or by the terms of any applicable special guarantee required by the Contract Documents,or by any specific provision of the Contract Documents;any Work is found to be defective,CONTRACTOR shall promptly,without cost to the CITY and in accordance with the CITY's written instructions,either correct such defective Work,or if it has been rejected by the CITY,remove it from the Site and replace it with non-defective Work. 13.7.2 If CONTRACTOR does not promptly comply with the terms of such instructions or in case of an emergency where delay would cause serious risk of loss or damage,the CITY may have the defective Work corrected or the rejected Work removed and replaced,and all direct,indirect and consequential costs of such removal and replacement(including but not limited to fees and charges of engineers, architects,attorneys and other professionals)shall be paid by CONTRACTOR. 13.7.3 In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Specifications. 13.7.4 Nothing herein shall be deemed a waiver of the statute of limitations as provided in Florida Law. 13.7.5 Where defective Work(and damage to other Work resulting therefrom)has been corrected,removed or replaced under this Paragraph 13.7—"One Year Correction Period",the correction period hereunder with respect to such Work shall be extended for an additional period of one(1)year after such correction or removal and replacement has been satisfactorily completed. 13.8 ACCEPTANCE OF DEFECTIVE WORK: 13.8.1 Instead of requiring correction or removal and replacement of defective Work,CITY(prior to CONSULTANT's recommendation of final payment),if CONSULTANT prefers to accept defective Work CITY may accept defective Work.If CITY accepts defective Work pursuant to this Paragraph 13.8. CONTRACTOR shall pay all claims, costs, losses and damages attributable to CITY's evaluation of and determination to accept such defective Work(such costs to be approved by CONSULTANT as to reasonableness and to include but not limited to fees and charges of engineers,architects,attorneys and other professionals). 13.8.2 If any such acceptance of defective work occurs prior to CONSULTANT's recommendation of final payment,a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work,and the CITY shall be entitled to an appropriate decrease in the Contract Price,and,if the parties are unable to agree as to the amount thereof,the CITY may make a claim therefor as provided in Article 11—Change of Contract Price.If acceptance occurs after such recommendation,CONTRACTOR shall pay an appropriate amount to the CITY. 13.9 CITY MAY CORRECT DEFECTIVE WORK: 13.9.1 If CONTRACTOR fails within thirty(30)days after written notice of CONSULTANT to proceed to correct defective Work,or remove and replace rejected Work as required by CONSULTANT in accordance with paragraph 13.7.1,or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents,or if CONTRACTOR fails to comply with any other provision of the Contract Documents,the CITY may,after seven(7)days written notice to CONTRACTOR correct and remedy any such deficiency. GENERAL CONDITIONS 52 page 587 Af C14 13.9.2 To the extent necessary to complete corrective and remedial action,the CITY may exclude CONTRACTOR from all or part of the Work, and suspend CONTRACTOR's services related thereto,take possession of CONTRACTOR's tools,appliances,construction equipment and machinery at the Site and incorporate in the Work,all materials and equipment stored at the Site or for which the CITY has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow the CITY,the CONSULTANT,the CITY's Representative agents and employees,such access to the Site as may be necessary to enable the CITY to exercise the rights and remedies under this Paragraph. 13.9.3 All direct,indirect and consequential costs of the CITY in exercising such rights and remedies under this Paragraph shall be charged against CONTRACTOR by CITY,and a Change Order shall be issued incorporating the necessary revisions in the Contract Documents with respect to the Work.The CITY shall be entitled to an appropriate decrease in the Contract Price,and if the parties are unable to agree as to the amount thereof,the CITY may make a claim therefore as provided in Article 11—Change of Contract Price. Such direct,indirect and inconsequential costs shall include but not be limited to fees and charges of engineers,architects,attorneys and other professionals, all court costs,and all costs of repair and/or replacement of Work of others destroyed or damaged by correction,removal or replacement of CONTRACTOR's defective work. CONTRACTOR shall also be responsible for restoring any other sites affected by such repairs or remedial work at no cost to the CITY. CONTRACTOR shall not be allowed an extension of the Contract Time because of any delay in performance of the Work attributable to the exercise by the CITY of the CITY's rights pursuant to Paragraph 13.9 of the General Conditions. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION: 14.1 SCHEDULE OF VALUES 14.1.1 The schedule of values established as provided in Paragraph 2.9—Finalizing Schedules,shall serve as the basis for progress payments and shall be incorporated into a form of Application for Payment acceptable to CITY and CONSULTANT. 14.2 UNIT PRICE BID SCHEDULE 14.2.1 Progress payments on account of Unit Price Work shall be based on the number of units completed. 14.2.2 The quantities for payment under this Contract shall be determined by actual measurement of the completed items in place,ready for service and accepted by the CITY,in accordance with the applicable method of measurement therefore contained pursuant to these General Conditions. 14.2.3 The CONTRACTOR shall receive and accept the compensation provided in the Bid and the Contract documents as full payment for furnishing all materials,labor,tools and equipment for performing all operations necessary to complete the Work under the Contract and also in full payment for all loss or damages arising from the nature of the Work or from any discrepancy between the actual quantities of Work and quantities herein estimated by the CONSULTANT,or from the action of the elements or from any unforeseen difficulties which may be encountered during the prosecution of the Work until final acceptance by the CITY. 14.2.4 The prices stated in the Bid include all costs and expenses for taxes,labor,equipment,materials,commissions,transportation charges and expenses,patent fees and royalties,labor for handling materials during inspection,together with any and all other costs and expenses for performing and completing the Work as shown on the Drawings and specified herein. The basis of payment for an item at the unit price stated in the Bid shall be in accordance with the description of that item. 14.3 APPLICATION FOR PAYMENTS: 14.3.1 Unless otherwise prescribed by federal,state or local law,at the end of each calendar month,the CONTRACTOR shall submit to the CONSULTANT for review,an Application for Payment(AFP)filled out and signed by the CONTRACTOR,covering the Work completed as of the date of the Application and accomplished by such supporting documentation pursuant to the Contract Documents. 14.3.2 The Net Payment Due to the CONTRACTOR shall be the above-mentioned subtotal from which shall be deducted from the amount of retainage specified in the Contract, and the total amount of all previous approved Applications for Progress Payment submitted by CONTRACTOR. Retainage shall be calculated based upon the above-mentioned sub-total. 14.3.3 The CONTRACTOR shall list each Change Order executed prior to date of submission,at the end of the continuation sheets and shall list by Change Order Number,and description,as for an original component item of work. 14.3.4 As provided for in the Application for Payment(AFP)form,the CONTRACTOR shall certify for each current pay request that all previous progress payments received from the CITY,under this Contract have been applied by the CONTRACTOR to discharge in full all obligations of the CONTRACTOR in connection with Work covered by prior Application for Payment(AFP), and all materials and equipment incorporated into the Work are free and clear of all liens,claims,security interest and encumbrances. CONTRACTOR shall attach to each Application for Payment(AFP)like obligation discharge affidavits by all subcontractors. 14.4 CONTRACTOR'S WARRANTY OF TITLE: 14.4.1 The CONTRACTOR warrants and guarantees that title to all Work and equipment covered by an Application for Payment,whether incorporated in the Project or not,shall have passed to the CITY prior to the making of an Application for Payment,free and clear of all liens,claims,security interests and encumbrances(hereafter in these General Conditions referred to as"Liens"),and that no work or equipment covered by an Application for Payment shall have been acquired by the CONTRACTOR or by any other party performing the Work at the Site or furnishing equipment for the Project,subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller of such products or otherwise imposed by the CONTRACTOR or such other person. 14.5 REVIEW OF APPLICATIONS FOR PAYMENT: GENERAL CONDITIONS 53 page 58A Af C14 14.5.1 CONSULTANT shall,within ten(10)days after receipt of each Application for Payment,either indicate in writing,a recommendation of payment and present the Application to the CITY,or return the Application to CONTRACTOR indicating in writing CONSULTANT's reasons for refusing to recommend payment. In the latter case,CONTRACTOR may make necessary corrections and resubmit the Application. Thirty(30)days after receipt of the Application for Payment by the CITY with CONSULTANT's recommendation,the amount recommended shall(subject to the provisions of the last sentence of paragraph 14.5.4)become due and when due shall be timely paid by the CITY to CONTRACTOR. 14.5.2 CONSULTANT's recommendation of any payment requested in the Application for Payment shall not prohibit the CITY from withholcing payment or prohibit the CITY from paying additional sums regarding other matters or issues between the parties. 14.5.3 CONSULTANT's recommendation of final payment shall constitute a representation by CONSULTANT to the CITY that the conditions precedent to CONTRACTOR's being entitled to final payment as set forth in Paragraph 14.10,Final Payment and Acceptance,have been fulfilled. 14.5.4 CONSULTANT may refuse to recommend in whole or any part of any payment if,in CONSULTANT's opinion,it would be incorrect to make such representations to the CITY. The CONSULTANT may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests,nullify any such payment previously recommended, to such extent as may be necessary in CONSULTANT's opinion to protect the CITY from loss,including but not limited to: 14.5.4.1 The Work is defective or completed Work has been damaged requiring correction or replacement. 14.5.4.2 The Contract Price has been reduced by a Written Amendment or Change Order. 14.5.4.3 The CITY has been required to correct defective Work or complete Work pursuant to Paragraph 13.9,or 14.5.4.4 The CONSULTANT's actual knowledge of the occurrence of any of the events enumerated in Paragraphs 15.2.1 through 15.2.1.9 inclusive(CITY May Terminate). 14.5.5 The CITY may refuse to make payment of the full amount recommended by the CONSULTANT because claims have been made against the CITY on account of CONTRACTOR's performance or furnishing of the Work,or there are other items entitling the CITY to credit against the amount recommended but the CITY must give CONTRACTOR written notice(with a copy to CONSULTANT)stating the reasons for such action. Reasons the CITY may refuse to make payment include but are not limited to: 14.5.6 The Work for which payment is requested cannot be verified by the CITY. 14.5.7 Claims or Liens have been filed against the CITY relating to the Project or there is reasonable evidence indicating the probable filing thereof. 14.5.8 Upon unsatisfactory obligation of the Work,including failure to clean up as required. 14.5.9 Upon CONTRACTOR's persistent failure to cooperate with other contractors on the Project and persistent failure to carry out the Work in accordance with the Contract Documents. 14.5.10 Upon liquidated damages payable by the CONTRACTOR,or 14.5.11 Upon any other violation of,or failure of CONTRACTOR to comply with,the provisions of the Contract Documents. 14.6 SUBSTANTIAL COMPLETION: 14.6.1 When the CONTRACTOR considers the entire Work ready for its intended use,the CONTRACTOR shall notify the CITY and the CONSULTANT in writing that the Work is substantially complete and request that the CONSULTANT prepare a Certificate of Substantial Completion. 14.6.2 The CITY,the CONSULTANT and the CONTRACTOR shall make an inspection of the Work within fifteen(15)calendar days after notice from the CONTRACTOR that the Work is substantially complete to determine the status of completion. If the CONSULTANT does not consider the Work substantially complete,the CONSULTANT shall notify the CONTRACTOR in writing giving the reasons therefor. If the CONSULTANT considers the Work to be substantially complete,the CONSULTANT shall prepare and deliver to the CITY for its execution and recordation,the Certificate of Substantial Completion,signed by the CONSULTANT and CONTRACTOR,which shall affix the Date of Substantial Completion. 14.6.3 The CITY shall have the right to exclude CONTRACTOR from the Work after the date of Substantial Completion,but the CITY shall allow CONTRACTOR reasonable access to complete or correct items on the "punch list", pursuant to Paragraph 14.12 of the General Conditions. 14.7 PARTIAL UTILIZATION: 14.7.1 The CITY shall have the right to enter the premises for the purpose of doing work not covered by the Contract Documents. This provision shall not be construed as relieving the CONTRACTOR of the sole responsibility for the care and protection of the Work,or the restoration of any damaged work except such as may be caused by agent or employees of the CITY. 14.7.2 Prior to Substantial Completion,the CITY,with the approval of the CONSULTANT and with written notice to the CONTRACTOR,may use any completed or substantially completed portion of the Work. Such use shall not constitute an acceptance of such portions of the Work. 14.7.3 Use by the CITY of any finished part of the Work,which has specifically been identified in the Contract Documents,or which the CITY, CONSULTANT,and CONTRACTOR agree constitutes a separately functioning and usable part of the Work that can be used by the CITY without significant interference with CONTRACTOR's performance of the remainder of the Work,may be accomplished prior to Substantial Completion of all Work subject to the following: GENERAL CONDITIONS 54 Page 58CI Af C14 14.7.3.1 The CITY at any time may request CONTRACTOR in writing to permit the CITY to use any such part of the Work which the CITY believes to be ready for its intended use and substantially complete. If CONTRACTOR agrees,CONTRACTOR shall certify to the CITY and CONSULTANT that said part of the Work is substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work.CONTRACTOR at any time may notify the CITY and CONSULTANT in writing that CONTRACTOR considers any such part of the Work ready for its intended use and substantially complete and request CONSULTANT to issue a Certificate of Substantial Completion for that part of the Work. Within fifteen (15)days after either such request,the CITY,CONTRACTOR and CONSULTANT shall make an inspection of that part of Work to determine its status of completion. If CONSULTANT does not consider that part of the Work to be substantially complete,CONSULTANT shall notify the CITY and CONTRACTOR in writing giving the reasons therefore. If CONSULTANT considers that part of the Work to be substantially complete,the provisions of Paragraphs 14.6.1 and 14.6.2 shall apply with respect to Certification of Substantial Completion of that part of the Work and the division of responsibility in respect thereof and access thereto. 14.7.3.2 The CITY may at any time,request CONTRACTOR in writing to permit the CITY to take over operation of any such part of the Work although it is not substantially complete. A copy of such request shall be sent to CONSULTANT and within fifteen (15)days thereafter,the CITY,CONTRACTOR and CONSULTANT shall make an inspection of that part of the Work to determine its status of completion and shall prepare a list of items remaining to be completed or corrected thereon before final payment. If CONTRACTOR does not object in writing to the CITY and CONSULTANT that such part of the Work is not ready for separate operation by the CITY,CONSULTANT shall finalize the list of items to be completed or corrected and shall deliver such list to the CITY and CONTRACTOR together with a written recommendation as to the division of responsibilities pending final judgment between the CITY and CONTRACTOR with respect to security, operation, safety, maintenance, utilities, insurance,warranties and guarantees for that part of the Workwhich shall become binding upon the CITY and CONTRACTOR at the time when the CITY takes over such operation(unless CONTRACTOR shall have otherwise agreed in writing and so informed CONSULTANT). During such operation and prior to Substantial Completion of such part of the Work,the CITY shall allow CONTRACTOR reasonable access to complete or correct items on such list and to complete other related Work. 14.8 FINAL INSPECTION: 14.8.1 Upon written notice from the CONTRACTOR that the entire Work or an agreed upon portion thereof is complete,CONSULTANT shall make a final inspection with the CITY and CONTRACTOR and shall notify CONTRACTOR in writing of all particulars in which this inspection reveals that the Work is incomplete, defective,or not in accordance with the Contract Documents. CONTRACTOR shall immediately take such measures as necessary to remedy such deficiencies. 14.9 FINAL APPLICATION FOR PAYMENT: 14.9.1 After CONTRACTOR has completed in writing all such corrections to the satisfaction of CONSULTANT and delivered all maintenance and operating instructions,schedules,guarantees,Bonds,certificates of inspection,marked-up record documents(as provided in Paragraph 14.6,Substantial Completion)and other documents-all as required by the Contract Documents,and after CONSULTANT has indicated in writing that the Work is acceptable and has been completed in conformance with the drawings and specifications and any approved changes thereto,CONTRACTOR may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by:(i)all documentation called for in the Contract Documents,including but not limited to the evidence of insurance required,(ii)consent of the surety,if any,to final payment,and(iii)complete and legally effective releases or waivers(satisfactory to CITY)of all Liens arising out of or filed in connection with the Work. 14.10 FINAL PAYMENT AND ACCEPTANCE: 14.10.1 Upon receipt of written notice from the CONTRACTOR that the Work has been completed in conformity with the Drawings and Specifications and any approved changes thereto, and receipt of the Final Application for Payment with the Warranty of Title and accompanying documentation,the CITY's CONSULTANT shall promptly examine the Work and making such tests as he/she may deem proper,and using all of the care and judgment normally exercised in the examination of completed Work by a properly qualified and experienced professional Consultant, shall satisfy themselves that the CONTRACTOR's statement appears to be correct and the CONTRACTOR's other obligations under the Contract Documents have been fulfilled. The CONSULTANT shall then inform the C ITY in writing that CONSULTANT have examined the Work and that it appears,to the best of the CONSULTANT's knowledge and belief,to conform to the Contract Drawings,Specifications and any approved Change Orders that the CONTRACTOR's other obligations under the Contract Documents have been fulfilled,and that CONSULTANT therefore recommend acceptance of the Work for ownership and Final Payment to the CONTRACTOR. However, it is agreed by the CITY and the CONTRACTOR that such statement by the CITY's CONSULTANT does not in any way relieve the CONTRACTOR from their responsibility to deliver a fully completed job in a good and workmanlike condition,and does not render the CONSULTANT or the CITY liable for any faulty Work done or defective materials or equipment used by the CONTRACTOR. 14.10.2 The CONSULTANT shall then make a final estimate of the value of all Work done and shall deduct all previous payments which have been made. The CONSULTANT shall report such estimate to the CITY together with his/her recommendation as to the acceptance of the Work or his/her findings as to any deficiencies therein. After receipt and acceptance by the CITY of the properly executed Final Warranty of Title and after approval of the CONSULTANT's estimate and recommendation to the CITY,the CITY shall make final payment to the CONTRACTOR of the amount remaining after deducting all prior payments and all amounts to be kept or retained under the provisions of the Contract Documents,or as may be lawfully retained,including but not limited to,Liquidated Damages,as applicable. Title passes and warranty begins at final acceptance. 14.10.3 All prior estimates are subject to correction in the final estimate. Thirty(30)days after approval by the CITY of the Application for Final Payment,the amount recommended by CONSULTANT shall become due and shall be paid to the CONTRACTOR. 14.11 WAIVER OF CLAIMS: 14.11.1 The making and acceptance of Final Payment shall constitute: GENERAL CONDITIONS 55 page 59A Af C14 14.11.1.1 Waiver of all claims by CITY against CONTRACTOR, except claims arising from unsettled Liens from defective Work appearing after final inspection, pursuant to Paragraph 14.8, Final Inspection,from failure to comply with the Contract Documents or the terms of any special guarantees specified therein,or from CONTRACTOR's continuing obligations under the Contract Documents or the Performance and Payment Bonds,and 14.11.1.2 Waiver of all claims by CONTRACTOR against CITY other than those previously made in writing and still unsettled at the time of making an acceptance of Final Payment. 14.12 PUNCHLIST PROCEDURES: As per Florida Statutes§218.735(7)(a)(ii),punchlist procedures to render the Work complete,satisfactory and acceptable are established as follows: 14.12.1 Within fifteen(15)days of Substantial Completion of the construction services purchased as defined in the Contract,CONTRACTOR shall schedule a Substantial Completion Walkthrough with CITY and CONSULTANT. The purpose of the Substantial Completion Walkthrough is to develop a preliminary punchlist("Punchlist")of items to be performed by the CONTRACTOR,based upon observations made jointly between the CONTRACTOR,CONSULTANT and CITY during the Substantial Completion Walkthrough. Completion of the Work as defined by the Contract, again predicated upon the CONTRACTOR's timely initiation of a request for the Substantial Completion Walkthrough.At its option,CITY may conduct Substantial Completion Walkthrough with its Field Inspector and CONSULTANT. 14.12.2 CONTRACTOR shall endeavor to address and complete as many items as possible noted on the Punchlist either during the Substantial Completion Walkthrough itself,or thereafter for a period of thirty(30)days from the date of the Substantial Completion Walkthrough. 14.12.3 No later than thirty(30)days following the scheduled Substantial Completion Walkthrough,CONTRACTOR shall again initiate and request a second walkthrough of the Project with CITY. The purpose of this second walkthrough is to identify which items remain to be performed from the Substantial Completion Walkthrough Checklist and to supplement that list as necessary(based,for example,upon work which may have been damaged as a result of the CONTRACTOR's performance of completion of items contained on the Substantial Completion Walkthrough Punchlist)and for the purpose of developing a joint Final Punchlist. 14.12.4 The intent of this section is for the CITY and the CONTRACTOR to cooperate to develop a Final Punchlist to be completed no later than thirty(30)days from the date of reaching Substantial Completion of the construction services or as defined in the Contract Documents. 14.12.5 In no event may the CONTRACTOR request payment of final retainage under Florida Statutes§218.735(7)(d)until the CONTRACTOR considers the Final Punchlist to be 100%complete. 14.12.6 CONTRACTOR agrees to complete the Final Punchlist items within thirty(30)days of the date of its issuance by CITY. 14.12.7 CONTRACTOR acknowledges and agrees that no item contained on the Final Punchlist shall be considered a warranty item until such time as the Final Punchlist is 100%complete. 14.12.8 CONTRACTOR acknowledges and agrees that CITY may, at its option, during performance of the Work and prior to Substantial Completion,issue lists of identified non-conforming or corrective work for the CONTRACTOR to address.The intent of any such CITY generated lists prior to Substantial Completion is to attempt to streamline the Punchlist process upon achieving Substantial Completion, and to allow for the CONTRACTOR to address needed areas of corrective work as they may be observed by CITY during performance of the Work. 14.12.9 CONTRACTOR acknowledges and agrees that in calculating 150%of the amount which may be withheld by CITY as to any Final Punchlist item for which a good faith basis exists as to it being complete,as provided for by Florida Statutes§218.735(7)(d),CITY may include within such percentage calculation its total costs for completing such item of work,including its administrative costs as well as costs to address other services needed or areas of work which may be affected in order to achieve full completion of the Final Punchlist item. Such percentage shall in no event relate to the Schedule of Value associated with such work activity,but rather total costs are based upon the value(i.e.cost)of completing such work activity based upon market conditions at the time of Final Punchlist completion. 14.13 RETAINAGE PROCEDURES: 14.13.1 Pursuant to Florida Statutes § 218.735(8)(a). The CITY may withhold retainage of five (5) percent of all monies earned by the CONTRACTOR and shall be retained by the CITY until Final Completion of the construction services purchased(defined as that point at which one hundred(100)percent of the constriction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR)has been reached and acceptance by the CITY as defined in Florida Statutes§218.735(7)(d). 14.13.2 This section does not prohibit the CITY from withholding retainage at a rate less than five(5%)percent of each progress payment,from incrementally reducing the rate of retainage pursuant to a schedule provided for in the Contract,or from releasing at any point all or a portion of any retainage withheld by the CITY which is attributable to the labor,services,or materials supplied by the CONTRACTOR or by one or more subcontractors or suppliers. If the CITY makes any payment of retainage to the CONTRACTOR which is attributable to the labor,services,or materials supplies by one or more subcontractors or suppliers,the CONTRACTOR shall timely remit payment of such retainage to those subcontractors and suppliers. 14.13.3 This section does not require the CITY to pay or release any amounts that are subject of a good faith dispute,the subject of a claim brought pursuant to Florida Statutes§255.05 or otherwise the subject of a claim or demand by the CITY or CONTRACTOR. 14.13.4 The time limitations set forth in this section for payment requests,apply to any payment request for retainage made pursuant to this section. 14.13.5 Paragraphs 14.13.2 do not apply to construction services purchased by the CITY which are paid for,in whole or in part,with federal funds and are subject to federal grantor laws and regulations or requirements that are contrary to any provision of the Local Government Prompt Payment Act. GENERAL CONDITIONS 56 page 591 Af C14 14.13.6 This subsection does not apply to any construction services purchased by the CITY if the total cost of the construction services as identified in the contract is$200,000 or less. 14.13.7 All payments dues under this section and not made within the time periods specified by this section shall bear interest at the rate of one (1%)percent per month,or the rate specified by contract,whichever is greater. ARTICLE 15—SUSPENSION OF WORK AND TERMINATION: 15.1 CITY MAY SUSPEND/STOP WORK: 15.1.1 THE CITY MAY SUSPEND WORK:The CITY may,at any time and without cause,suspend the Work or any portion thereof for period of not more than ninety(90)days by notice in writing to CONTRACTOR and CONSULTANT which shall affix the date on which Work shall be resumed. CONTRACTOR shall resume the Work on the date so affixed. If CONTRACTOR claims an increase in the Contract Price or an extension of the Contract Time,or both,directly attributable to any suspension,CONTRACTOR may make a claim as provided in Articles 11(Change of Contract Price)and Article 12(Change of Contract Time)of the General Conditions. 15.1.2 THE CITY MAY STOP WORK:The CITY or CITY's Representative may stop the Work or any portion thereof when it has been determined that the CONTRACTOR is not complying with the Drawings or Specifications or the intent thereof. The Stop Work order may be verbal and the CONTRACTOR shall cease work immediately except for leaving the Work area in a safe and acceptable condition.A verbal Stop Work order shall be followed by a confirmation in writing. The CONTRACTOR shall not be allowed an increase in the Contract Price or an extension of the Contract Time during the Stop Work period. A Start Work order may be verbal and shall be followed by a confirmation in writing. 15.2 CITY MAY TERMINATE FOR CAUSE: 15.2.1 Upon the occurrence of any one or more of the following events: 15.2.1.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code(Title 11,United States Code),as now or hereafter in effect,or if CONTRACTOR takes any equivalent or similar action by filing a petition or otherwise under any other federal or state law in effect at such timing relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.2 If a petition is filed against CONTRACTOR under any chapter of the Bankruptcy Code(Title 11,United States Code)as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such equivalent or similar relief against CONTRACTOR under any other federal or state law in effect at the time relating to CONTRACTOR's bankruptcy or insolvency, 15.2.1.3 If CONTRACTOR makes a general assignment for the benefit of creditors, 15.2.1.4 If a trustee, receiver,custodian or agent of CONTRACTOR is appointed under applicable law or under Contract, whose appointment or authority to take charge of property of CONTRACTOR is for the purpose of enforcing a Lien against such property or for the purpose of general administration of such property for the benefit of CONTRACTOR's creditors, 15.2.1.5 If CONTRACTOR admits in writing an inability to pay the debts generally as they become due, 15.2.1.6 If CONTRACTOR fails to perform the Work in accordance with the Contract Documents(including but not limited to,failure to supply sufficient skilled workers suitable materials or equipment or failure to adhere to the progress schedule established under Paragraph 2.6 as revised from time to time), 15.2.1.7 If CONTRACTOR disregards any federal,state or local laws and or regulations of any Local Public Agency regulations that apply. 15.2.1.8 If CONTRACTOR disregards the authority of CONSULTANT,or 15.2.1.9 If CONTRACTOR otherwise violates any provisions of the Contract Documents, 15.2.1.10 In the event of termination,the CITY may take possession of the premises and all materials,tools,and appliances,thereon and finish the Work by whatever method it may deem expedient. In such cases,the CONTRACTOR shall only be entitled to receive payment for Work satisfactorily completed prior to the termination date,subject to any setoffs due the CITY in completing the Project and for reimbursement for damages incurred.The CITY may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by CONTRACTOR to complete the Work. In such case CONTRACTOR shall not be entitled to receive any further payment until the Work is finished. If the expense incurred by the CITY to finish the Work(including additional managerial and administrative services,plus the CITY's direct, indirect and consequential losses),exceeds the unpaid balance on the Contract,the CONTRACTOR or Surety shall pay the difference to the CITY promptly upon demand. The expense incurred through the CONTRACTOR's default,shall be certified by the CITY's Project Manager. The CONTRACTOR shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the CONTRACTOR and its surety or sureties for such damages and costs is joint and several. The obligations of the CONTRACTOR and their surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the CONTRACTOR and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the Project in its entirety. These clauses shall survive the termination of this CONTRACT. If the CITY makes a determination pursuant to this Contract to hold the CONTRACTOR in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted,or wrongful,then any such termination shall be deemed for all purposes as a termination without cause as described below. The CONTRACTOR agrees that it shall be entitled to no damages,allowances or expenses of any kind other than as provided in this Agreement in connection with such termination,any and all claims for consequential damages, loss of bonding capability,destruction of business,unabsorbed home office overhead,lost profit and related claims. 15.2.2 Where CONTRACTOR's services have been terminated by the CITY,the termination shall not affect any rights or remedies of the CITY against CONTRACTOR then existing or which may thereafter accrue. Any retention or payment of monies due CONTRACTOR by the CITY shall not release CONTRACTOR from liability. 15.3 CITY MAY TERMINATE WITHOUT CAUSE: 15.3.1 The CITY may terminate this Contract without cause by giving seven(7)days prior written notice to the CONTRACTOR,and in such GENERAL CONDITIONS 57 page 590 Af C14 event,the CITY shall pay the CONTRACTOR for that portion of the Contract Sum,less the aggregate of previous payments,allocable to the Work completed as of the Date of Termination, plus reasonable termination expenses. The CITY also shall reimburse the CONTRACTOR for all costs necessarily incurred for organizing and carrying out the stoppage of Work paid directly to the CONTRACTOR, not including overhead,general expenses or profit. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments to subcontractors or material men or for penalties or damages for canceling such contractual commitments,(with the exception that the CITY shall reimburse the CONTRACTOR for major materials or equipment purchased before termination,if the CONTRACTOR can show proof of such purchases prior to notice of termination) inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. In the event of termination by the CITY, the CITY may require the CONTRACTOR promptly to assign to it,all or some subcontracts,construction,plants,materials tools,equipment,appliances, rental agreements, and other commitments which the CITY, in its sole discretion, chooses to take by assignment,and in such event the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. 15.4 REMOVAL OF EQUIPMENT DUE TO TERMINATION: 15.4.1 Removal of Equipment: In the case of termination of this Contract before completion,for any cause whatever,the CONTRACTOR,if notified to do so by the CITY or CITY's Project Manager,shall promptly remove any part of all of this equipment and supplies from the property of the CITY. Should the CONTRACTOR not remove such equipment and supplies,the CITY shall have the right to remove them at the expense of the CONTRACTOR. Equipment and supplies shall not be construed to include such items for which the CONTRACTOR has been paid in whole or in part. 15.5 CONTRACTOR MAY STOP WORK OR TERMINATE: 15.5.1 If,through no act or fault of CONTRACTOR,the Work is suspended for a period of more than ninety(90)days by the CITY,or under an order of court or other public authority,or CONSULTANT fails to act on any Application of Payment within thirty(30)days after it is submitted,or the CITY fails to pay any sum finally determined to be due within sixty(60)days to CONTRACTOR,CONTRACTOR may upon CITY's and CONSULTANT's receipt of seven(7)days written notice to the CITY and CONSULTANT,terminate the Contract and the CITY shall pay the CONTRACTOR for that portion of the Contract Sum,less the aggregate of previous payments,allocable to the Work completed as of the Date of Termination. The CITY shall not be responsible to reimburse the CONTRACTOR for any continuing contractual commitments for canceling such contractual commitments inasmuch as the CONTRACTOR shall make all subcontracts and other commitments subject to this provision. The CITY may require the CONTRACTOR to promptly assign CITY all or some subcontracts, construction,plant,materials,tools,equipment,appliances,rental agreements,and any other commitments which the CITY,in its sole discretion,chooses to take by assignment,and in such event,the CONTRACTOR shall promptly execute and deliver to the CITY written assignments of the same. In addition and in lieu of terminating the Contract,if CONSULTANT has failed to act on an Application for Payment or the CITY has failed to make any payment as aforesaid,CONTRACTOR may upon seven(7)days written notice to the CITY and CONSULTANT,stop the Work until payment of all amount becomes due. The provisions of this paragraph shall not relieve the CONTRACTOR of the obligations under Paragraph 6.24—Continuing the Work,to carry on the Work in accordance with the progress schedule and without delay during disputes and disagreements with the CITY or CONSULTANT. ARTICLE 16-DISPUTE RESOLUTION 16.1 GOOD FAITH EFFORT: 16.1.1 Any disputes relating to interpretation of the terms of this Contract or a question or fact arising under this Contract,shall be resolved through good faith efforts upon the part of the CONTRACTOR and the CITY or CITY's Project Manager. At all times,the CONTRACTOR shall carry on the Work and maintain its progress schedule in accordance with the requirements of the Contract and the determination of the CITY or its representatives,pending a final resolution of the dispute,including,if necessary,any determination by a Court of competent jurisdiction.Any dispute which is not resolved by mutual agreement of CONTRACTOR and CITY's or CITY's Project Manager shall be decided by the CITY MANAGER or CITY MANAGER's designee who shall reduce the decision to writing. The decision of the CITY MANAGER or CITY MANAGER's designee shall be final and conclusive unless determined by a court of competent jurisdiction to be fraudulent,capricious,arbitrary,so grossly erroneous as to necessarily imply bad faith,or not be supported by substantial evidence. 16.2 MEDIATION: 16.2.1 Prior to initialing any litigation concerning this Contract,the CITY reserves the right to submit the disputed issue or issues to a mediator for non-binding mediation. The parties shall agree on a mediator chosen from a list of certified mediators available from the Clerk of Court for Palm Beach County. The fee of the mediator shall be shared equally by the parties. To the extent allowed by law,the mediation process shall be confidential and the results of the mediation or any testimony or argument introduced at the mediation shall not be admissible as evidence in any subsequent proceeding concerning the disputed issue. ARTICLE 17—MISCELLANEOUS: 17.1 GIVING NOTICE: 17.1.1 All notices,requests,consents and other communications required or permitted under this Contract shall be in writing and shall be(as elected by the person giving such notice)hand delivered by messenger or courier service,or mailed by registered or certified mail(postage prepaid)return receipt requested,addressed to GENERAL CONDITIONS 58 To CITY: User Department 100 E.Ocean Avenue Boynton Beach,Florida 33435 WITH A COPY T0: Director of Financial Services Procurement Services Division 100 E.Ocean Avenue Boynton Beach,Florida 33435 CONTRACTOR: Individual or to a member of the firm or to an officer of the corporation for whom it is intended. 17.2 COMPUTATION OF TIME: 17.2.1 When any period of time is referred to in the Contract Documents by days,it shall be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a federal or state legal holiday,such day shall be omitted from the computation. 17.3 NOTICE OF CLAIM: 17.3.1 Should CITY or CONTRACTOR suffer injury or damage to person or property because of any error,omission or act of the other party or of any of the other party's employees or agents or others for whose acts the other party is legally liable,claim shall be made in writing to the other party within seven(7)calendar days of the first observance of such injury or damage.The provisions of this Paragraph 17.3 shall not be construed as a substitute for a waiver of the provisions of any applicable statute of limitations or repose or an actual waiver of the provisions. 17.4 CULMULATIVE REMEDIES: 17.4.1 The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and obligations imposed upon CONTRACTOR by Sections 6— Contractor's Responsibilities,Section 13—Test and Inspections,Correction,Removal or Acceptance of Defective Work,Section 14— Payments to Contractor and Completion,and Section 15—Suspension of Work and Termination,and all of the rights and remedies available to the CITY and CONSULTANT thereunder,are in addition to and are not to be construed in any way as a limitation of,any rights and remedies available to any or all duties and obligations which are otherwise imposed or available by federal,state and local laws or regulations,by special warranty or guarantee or by any other provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents,and the provisions of this paragraph shall be as effective as if stated specifically in the Contract Documents in connection with each particular duty obligation,right and remedy. All representations warranties and guarantees made in the Contract Documents shall survive final payment and termination of completion of the Contract. 17.5 ACCIDENT AND PREVENTION: 17.5.1 The safety provisions of applicable laws and building and construction codes shall be observed and the CONTRACTOR shall take or cause to be taken such additional safety and health measures as the Local Public Agency involved may determine to be reasonably necessary. Machinery,equipment and all hazards shall be guarded in accordance with the safety provisions of the"Manual of Accident Prevention in Construction"as published by the Associated General Contractors of America,Inc.to the extent that such provisions are not in conflict with applicable laws. The CONTRACTOR shall maintain an accurate record of all cases of death,occupational diseases,or injury requiring medical attention or causing loss of time from Work,arising out of and in the course of employment on Work under the Contract. The CONTRACTOR shall promptly furnish the local public agency with reports concerning these matters. 17.6 FLORIDA PRODUCTS AND LABOR: 17.6.1 The CONTRACTOR shall comply with Florida Statutes§255.04,which requires that on public building contracts,Florida products and labor shall be used whenever price and quality are equal. 17.7 EMPLOYEES: 17.7.1 All labor described in these specifications or indicated on the Drawings and the Work specified or indicated shall be executed in a thoroughly substantial and workmanlike manner by mechanics skilled in the applicable trades. 17.7.2 Any person employed on the Project who fails,refuses,or neglects to obey the instructions of the CONTRACTOR in anything relating to this Project,or who appears to the CITY or CITY's Representative to be disorderly,intoxicated,insubordinate,or incompetent,shall upon the order of the CITY,be discharged at once and will no longer be employed in any part of the Work. Any interference with,or abuse or threatening conduct toward the CITY,CONSULTANT,or their inspectors by the CONTRACTOR or its employees or agents,shall be authority for the CITY to annul the Contract and re-let the Project. No intoxicating substance shall be allowed at the Project Site. 17.8 NON-DISCRIMINATION: 17.8.1 The CONTRACTOR shall not discriminate against employees or applicants for employment because of race,creed,color,religion,sex, age, handicapped status, disabilities, or national origin. Such action shall include but not be limited to the following: employment, GENERAL CONDITIONS 59 —Z nAA upgrading,demotion or transfer,recruitment advertising,layoff or termination,rates of pay or other form of compensation,and selection for training including apprenticeship.The CONTRACTOR agrees to post in conspicuous places,available to employees and applicants for employment,notices setting forth the provisions of this non-discrimination clause. These provisions apply to all subcontractors and CONTRACTOR is responsible for the subcontractor compliance. 17.9 DRUG-FEE WORKPLACE: 17.9.1 The CITY requires all prospective CONTRACTORS to maintain a Drug-Free Workplace and have their Drug-Free Workplace policy posted in their offices and available for inspection by the CITY. 17.10 PUBLIC ENTITY CRIMES: 17.10.1 Pursuant to Florida Statutes§287.133,as amended,a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity,may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work,may not submit Bids on leases of real property to a public entity,may not be awarded to perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity in excess of the threshold amount provided in Florida Statutes§287.017 for CATEGORY TWO or higher for a period of thirty-six(36)months from the date of being placed on the convicted vendor list. 17.11 ASSIGNMENT: 17.11.1 This Contract nor any monies due hereunder,or any part thereof,shall not be assigned or transferred by CONTRACTOR without written consent of the party sought to be bound. The CITY shall not be liable to any assignee or transferee of the Contract or any monies due hereunder without the previous written consent of the CITY,to the assignment or transfer. The CITY shall not release or discharge CONTRACTOR from any obligation hereunder. The CITY shall not approve an assignment or transfer unless the Surety on the Contract Performance and Payment Bonds has informed the CITY in writing that it consents to the assignment or transfer. 17.12 VENUE. 17.12.1 This Contract shall be interpreted as a whole unit and section headings are for convenience only.All interpretations shall be governed by the laws of the State of Florida with venue lying in Palm Beach County,Florida. 17.13 FUNDING OUT: 17.13.1 It is necessary that fiscal funding out provisions be included in all Bids in which the terms are for periods longer than one year. Therefore, the following funding out provisions are an integral part of this Invitation to Bid and CONTRACTOR agrees that: 17.13.2 The CITY during the contract period may terminate or discontinue the items covered in this Bid for lack of appropriated funds upon the same terms and conditions. 17.13.3 Such prior written notice shall state that the lack of appropriated funds is the reason for termination. 17.14 CITY's PURCHASING CARD: 17.14.1 The CITY has authorized use of a Purchasing Card to expedite small dollar purchases for materials,supplies and other items needed for daily operations. CONTRACTOR may be presented these Purchasing cards by authorized CITY personnel for the above mentioned purchases. 17.14.2 The CITY reserves the right to use the Purchasing Cards as an optional payment method to pay invoices for the project Work submitted by the CONTRACTOR. 17.15 DEBARMENT: 17.15.1 The CITY shall have the authority to debar a person/corporation/contractor for cause for consideration of award of future contacts. The debarment shall be for a period commensurate with the seriousness of the causes,generally not to exceed three(3)years. When the offense is willful or blatant,a longer term of debarment may be imposed,up to an indefinite period. 17.16 REQUIREMENTS FOR PERSONNEL ENTERING CITY PROPERTY: 17.16.1 Possession of firearms shall not be tolerated in or near CITY buildings.Nor shall violation of Federal,State and local laws and policies regarding Drug-Free Workplace be tolerated. Violators shall be subject to immediate termination. 17.16.2 "Firearm"means any weapon(including a starter gun or antique firearm)which is designed to,or may readily be converted to expel a projectile by the action of an explosive,the frame of receiver of any such weapon,any destructive device,or any machine gun. 17.16.3 No person who has a firearm in their vehicle may park their vehicle on CITY premises. 17.16.4 If any employee of CONTRACTOR or Sub-Contractor is found to have brought a firearm on CITY property,such employee must be terminated from the Project by the CONTRACTOR or Sub-Contractor. If the Sub-Contractor fails to terminate such employee,the Sub- Contractor's agreement with the CONTRACTOR for the CITY project shall be terminated. If the CONTRACTOR fails to terminate such employee or fails to terminate the agreement with the Sub-Contractor who fails to terminate such employee, the CONTRACTOR's agreement with the CITY shall be terminated. GENERAL CONDITIONS 60 page 591; Af C14 17.17 PRODUCT RECALL: 17.17.1 In the event the CONTRACTOR receives notice that a product delivered by the CONTRACTOR to the CITY has been recalled,seized,or embargoed,and/or has been determined misbranded,adulterated,or found to be unfit for human consumption by a packer,processor, subcontractor,retailer,manufacturer,or by any state or federal regulatory agency,the CONTRACTOR shall notify the CITY's Procurement Services Division within two(2)business days of receiving such notice. The CITY's acceptance or failure to reject the affected product as non-conforming shall not in any way impact,negate,or diminish the CONTRACTOR's duty to notify the CITY,CONSULTANT and CITY's Procurement Services Division that the affected product has been recalled,seized or embargoed,and/or has been determined to be misbranded,adulterated,or found to be unfit for human consumption. The form and content of such notice to the CITY shall include the name and description of the affected product,the approximate date the affected product was delivered to the CITY,the bid number,and relevant information relating to the proper handling of the affected product and/or proper disposition of the affected product by the CITY, if necessary to protect the health,welfare,and safety of CITY employees,and any health hazards known to the CONTRACTOR which may be caused or created by the affected product. 17.17.2 The CONTRACTOR shall,at the option of the CITY's Procurement Services Division,either reimburse the purchase price or provide an equivalent replacement product at no additional cost to the CITY.The CONTRACTOR shall be responsible for removal and/or replacement of the affected product within the time specified by the CITY,without causing significant inconvenience to the CITY. 17.17.3 At the option of the CITY,the CONTRACTOR may be required to reimburse storage,disposal and/or handling fees to be calculated from time of delivery and acceptance to actual removal or disposal. The CONTRACTOR shall bear all costs associated with the removal and proper disposal of the affected product. The failure to reimburse the purchase price and storage and/or handling fees or to removal and/or replace the affected product with an equivalent replacement within the time specified by the CITY, without causing significant inconvenience to the CITY shall be considered a default of the Contract. 17.18 RIGHTS TO BID DOCUMENTS: 17.18.1 All copies and contents of any proposal,attachment,and explanation thereof submitted in response to this Invitation to Bid (except copyright material),shall become the property of the CITY of Boynton Beach. The CITY reserves the right to use,at its discretion,and in any manner it deems appropriate,any concept,idea,technique or suggestion contained therein. All copyright and industrial/commercial proprietary, confidential and/or privileged information such as financial records, must be clearly identified, as such confidentiality is protected until award of contract,in accordance with Florida Statutes,Chapter 119. Such material shall be returned to the Bidders prior to award of contract so as to preserve the proprietary and confidential nature of its contents. 17.19 SEVERABILITY: 17.19.1 Indulgence by the CITY on any non-compliance by the CONTRACTOR does not constitute a waiver of any rights under this Invitation to Bid. If any term or provision of this Bid or resulting Contract,or the application thereof to any person or circumstances shall to any extent be held invalid or unenforceable,the remainder of this Bid or Contract,or the application of such terms or provisions to persons or circumstances other than those as to which it is held invalid or unenforceable,shall not be affected,and every other term provision of this Bid/Contract shall be deemed valid and enforceable to the extent permitted by law. 17.20 VERIFICATION OF EMPLOYMENT STATUS: 17.20.1 The CITY shall not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized immigrant workers,constituting a violation of the employment provisions contained in U.S.C.Section 1324a(e)(Section274A9e)of the Immigration and Nationality Act(INA). The CITY shall consider the employment by any contractor of unauthorized aliens a violation by the recipient of the employment provisions contained in Section 274A(e)of the INA shall be grounds for unilateral cancellation of this Agreement by the CITY. 17.21 ABBREVIATIONS AND SYMBOLS: 17.21.1 Referenced Standards:Any reference to published specifications or standards of any organization or association shall comply with the requirements of the specifications or standards which is current on the date of Advertisement of Bids. In case of a conflict between the referenced specifications or standards,the one having the more stringent requirement shall govern. 17.21.2 In case of conflict between the referenced specifications or standards and the Contract Documents,the Contract Documents shall govern. 17.21.3 ABBREVIATIONS: AA Aluminum Association AAA American Arbitration Association AABC Associated Air Balance Council AAMA Architectural Aluminum Manufacturer's Assoc. AASHO The American Association of State Highway Officials ABA American Bar Association ABMA American Boiler Manufacturer's Association ABPA Acoustical and Board Products Association ACI American Concrete Institute ACPA American Concrete Pipe Association AEIC Association of Edison Illuminating Companies AFBMA Anti-Friction Bearing Manufacturer's Assoc. AGA American Gas Association AGC Associated General Contractors of America GENERAL CONDITIONS 61 page 59r- Af C14 AGMA American Gear Manufacturer's Association AHA American Hardboard Association Al The Asphalt Institute AIA American Institute of Architects AIA American Insurance Association AIEE American Institute of Electrical Engineers(Now IEEE) AIMA Acoustical and Insulating Materials Association AISC American Institute of Steel Construction AISI American Iron and Steel Institute AITC American Institute of Timber Construction AMCA Air Moving and Condition Association ANSI American National Standard Institute APA American Plywood Association API American Petroleum Institute APWA American Public Works Association AREA American Railway Engineering Association ARI American Refrigeration Institution ASA American Standards Association(Now ANSI) ASAHC American Society of Architectural Hardware Consultants ASCE American Society of Civil Engineers ASHRAE American Society of Heating,Refrigeration and Air Conditioning Engineers ASME American Society of Mechanical Engineers ASSCBC American Standard Safety Code for Building Construction ASSHTO American Association of State Highway Transportation Officials ASTM American Society for Testing and Materials AWG American Wire Gauge AWI Architectural Woodwork Institute AWPA American Wood Preserver's Association AWPB American Wood Preserver's Bureau AWS American Welding Society AWWA American Water Works Association BHMA Builders Hardware Manufacturer's Association BIA Brick Institute of America(Formerly,SCPI) CDA Copper Development Association CFS Cubic Feet Per Second CMAA Crane Manufacturers Association of America CRSI Concrete Reinforcement Steel Institute CS Commercial Standard DHI Door and Hardware Institute DIPRA Ductile Iron Pipe Association DOT Spec Standard Specification for Road and Bridge Construction, Florida Department of Transportation E/A Engineer and/or Architect EDA Economic Development Association EEI Edison Electric Institute EPA Environmental Protection Agency FCI Fluid Control Institute FEC Florida East-Coast Railway FDER Florida Department of Environmental Regulation FDOT Florida Department of Transportation Fed Spec Federal Specification FPL Florida Power and Light FPS Feet Per Second FS Federal Standards GA Gypsum Association GPM Gallons Per Minute HMI Hoist Manufacturer's Institute HP Horsepower HSBII Hartford Steam Boiler Inspection and Insurance Co. ID Inside Diameter IEEE Institute of Electrical and Electronic Engineers IFI Industrial Fasteners Institute IPCEA Insulated Power Cable Engineers Association IPS Iron Pipe Size LWDD Lake Worth Drainage District MF Factory Mutual System MGD Million Gallons Per Day MHI Materials Handling Institute MIL Military Specifications MMA Monorail Manufacturer's Association NBFU National Board of Fire Underwriters NBHA National Builders'Hardware Association NBS National Bureau of Standards GENERAL CONDITIONS 62 page 597 Af C14 NCSA National Crushed Stone Association NCSPA National Corrugated Steel Pipe Association NEC National Electrical Code NECA National Electrical Contractors'Association NEMA National Electrical Manufacturer's Association NFPA National Fire Protection Association NLA National Lime Association NPC National Plumbing Code NPT National Pipe Threads NSC National Safety Council NSF National Sanitation Foundation OD Outside Diameter OSHA U.S.Department of Labor,Occupational Safety and Health Administration PCA Portland Cement Association PCI Pre-stressed Concrete Institute PS United States Products Standards PSI Pounds per Square Inch PS IA Pounds per Square Inch Atmosphere PSIG Pounds per Square Inch Gauge SAE Society of Automotive Engineers SDI Steel Decks Institute SFWMD South Florida Water Management District SIGMA Sealed Insulating Glass Manufacturer's Association SJI Steel Joists Institute SMACNA Sheet Metal and Air Conditioning Contractor's National Association SSI Scaffolding and Shoring Institute SSPC Steel Structures Painting Council SSPC Structural Steel Painting Council STA Station(100 feet) TAS Technical Aid Series TCA The Council America TDH Total Dynamic Head TH Total Head UBC Uniform Building Code UL Underwriter's Laboratories,Inc. USACE United States Army Corps of Engineers USASI United States of American Standards Institute 17.21.4 GENERAL ABBREVIATIONS AND ACRONYMS ACR Attenuation-to-Crosstalk Ration ADA Americans with Disabilities Act AFF Above finished floor ANSI American National Standards Institute ASTM American Society for Testing and Materials(ASTM International) AWG American Wire Gauge BD Building distributor(replacing main-cross connect and MDF as"building service" (room identifiers) BICSI® Building Industry Consulting Service International,Inc. BTU British Thermal Unit CATV Community Antenna Television(Cable Television) CD Campus distributor (replacing main-cross connect and MDF as "campus-wide service" room identifiers). Also, compact disk for storage of audio or video information. dB Decibel EMT Electrical metallic tubing ENT Electrical non-metallic tubing EDPM Ethylene-polypropylene-diene membrane EF Entrance facility EIA Electronic Industries Alliance ELFEXT Equal Level Far End Crosswalk EMC Electromagnetic Compatibility EMI Electromagnetic Inference ER Equipment Room,Replacing"TR" FMC Flexible metallic conduit FCC Federal Communications Commission FD Floor Distributor (replacing network room, intermediate and horizontal cross- connect,and telecommunications as"building service"room identifiers). Also,Floor Drain as part of building plumbing system. FDDI Fiber Distribution Data Interface FEXT Far-End Crosstalk FOTP Fiber Optic Test Procedure Freq Frequency GENERAL CONDITIONS 63 page 59A Af C14 GE Ground equalizer(replacing TBBIBC) Gnd Ground HB Handbox,also hose bibb for water supply part of plumbing system HC Horizontal Cross-Connect(replaced by floor distributor"FD") HH Handhole HVAC Heating,Ventilation,and Air-Conditioning Hz Hertz IC Intermediate Cross-Connect(replaced by"BD"or FD" IEEE Institute of Electrical and Electronics Engineers IMC Intermediate metal conduit ISO International Organization for Standardization ISP Inside Cable Plant LFMC Liquidtight flexible metal conduit LFNC Liquidtight flexible non-metallic conduit Mbps Megabits per second MC Main Cross-Connect(replaced by campus distributor"CD") MDF Main Distributor Frame(replaced by"CD"or"BD") MER Main Equipment Room MH Maintenance Hole MHz Megahertz NBR Acrylonitrile-butadiene rubber NEC National Electric Safety Code,C2-1997 NFPA National Fire Protection Association NDPES National Pollutant Discharge Elimination Systems NR Network Room OSHA Occupational Safety and Health Administration OCP Outside Cable Plant OTDR Optical Time Domain Reflectometer PR Pair RCDD® Registered Communications Distribution Designer RFI Radio Frequency Interference RH Relative Humidity RNC Rigid nonmetallic conduit SM Single Mode TBB Telecommunication Bonding Backbone TBBIBC Telecommunication Bonding Backbone Interconnecting Bonding Conductor (replaced by ground equalizer"GE") TE Telephone Equipment(Wall Mounted Equipment Rack) TGB Telecommunications Grounding Buss Bar TIA Telecommunications Industry Association TMGB Telecommunications Main Grounding Buss Bar TR Telecommunications Room(being replaced with"ER") UL Underwriters Laboratory UPS Uninterruptible Power Supply WAO Work Area Outlet 17.21.5 UNITS OF MEASURE Weights and Measures shall be identified by Weights and Measures Division,NIST.,U.S.Department of Commerce,100 Bureau Drive, Stop 2600,Gaithersburg,MD 20899-26. END OF SECTION GENERAL CONDITIONS 64 Page 59 w 4 ASPHALT AND SIDEWALK REHABILITATION BID No. PWE22-008 SPECIFICATIONS AND TECHNICAL REQUIREMENTS ASPHALT AND SIDEWALK REHABILITATION SECTION 00850 SPECIFICATIONS Specification Section No. Boynton Beach Division I Specifications Title 01010 Summary of Work 01310 Project Management and Coordination 01320 Construction Process Documentation 01400 Quality Requirements 01500 Temporary Facilities and Controls 01700 Execution Requirements In cases of discrepancy, the governing order of the documents is as follows: 1. Agreement between CITY and CONTRACTOR 2. Boynton Beach Division I Specifications (Sections 01010 through 01782) 3. Engineering Design Handbook and Construction Standards for the City of Boynton Beach Public Works Department 4. FDOT Standard Specifications for Road and Bridge Construction 5. FDOT Design Standards END OF SECTION 00850 PWE22-008 Asphalt and Sidewalk Rehabilitation 5 J SECTION 01010—SUMMARY OF WORK 1.1 SUMMARY OF WORK A. This is a continuing services contract to provide road resurfacing, general road construction work, asphalt pavement work, roadway repair work, guardrail work, sidewalks, sodding, roadway striping, earthwork construction, and other incidental work associated with asphalt and sidewalk rehabilitation, on an as-needed basis. B. Contract Documents were prepared for the Project by: City of Boynton Beach Public Works- Engineering 100 E Ocean Avenue Boynton Beach, FL 33435 C. The Work includes, but is not limited to that work shown or described on the bid/contract drawings and specifications including but not limited to the following: 1. Excavation and embankment construction 2. Grading and compaction 3. Road construction -stabilized subgrade, coquina base, and ABC base 4. Silt fence and turbidity barrier 5. Asphalt paving 6. Concrete sidewalk 7. Drainage conveyance grading 8. Sod 9. Signage and pavement markings 10. Concrete removal 11. All other work shown and/or specified in the Contract Documents 1.2 WORK ASSIGNMENTS A. Work Orders and/or Purchase Orders will be issued for specific work assignments.The Scope of Work and the Schedule and Time for Performance for specific work assignments will be established by the CITY. The CONTRACTOR will perform work for specific work assignments in accordance with the Scope of Work and Schedule/Time for Performance for each specific work assignment. 1.3 SUBSTITUTION REQUESTS A. The CONTRACTOR shall submit substitution requests as outlined in the Agreement between CITY and CONTRACTOR, and submit two (2)copies to the CITY in advance of submitting its proposal. Document each request with complete data substantiating compliance of proposed substitution with requirements of Contract Documents. 1. Identify manufacturer by name and address, trade name, model number, or catalog number. 2. List product description, performance, and test data, applicable reference standards, availability of maintenance service, and source of replacement materials. 3. Give itemized comparison of qualities of proposed substitution with specified product, changes required in other elements of the Work due to substitution, and effect on Progress Schedule. 4. Give name and address of similar projects on which product was used and date of installation. 5. Provide cost data comparing proposed substitution with specified product and state the amount of net change to Contract unit cost item(s). PWE22-008 Asphalt and Sidewalk Rehabilitation 6 B. Do not order or install substitute products without written acceptance from the CITY. Do not imply or indicate substitutions on shop drawings or product data submittals without a separate formal request. C. The CITY will determine the acceptability of substitution. The burden of proof of acceptability of a proposed substitution is upon the submitter; information submitted must convince the reviewers that characteristics of the proposed substitution are equal to or better than those of the specified product. D. Request for substitution constitutes a representation that the CONTRACTOR: 1. Has investigated the proposed product and determined that it is equal to or superior in all respects to the specified product. 2. Will provide same or greater warranties for proposed product as for the specified product. 3. Will coordinate installation of substitution accepted into the Work and make other changes and adjustments as may be required to make the Work complete in all respects. 4. Waives all claims for additional costs due to substitution which may later become apparent. 1.4 RESURFACING (ROADWAY LIST) A. The following is a list of streets anticipated to be resurfaced next year. They are not necessarily in order of work assignment. The actual streets resurfaced from this list will be determined by the availability of funds.The estimated costs are for department use only and are not intended as a basis for bidding. Other assignments (including asphalt parking lot construction) with a value of less than $200,000 not listed below may also be conducted under this contract. PROPOSED ROADWAYS WITH RESPECTIVE COST ESTIMATES Project No. Project Name Cost Estimate 1 Lake Boynton States $ 901,200.00 2 Rolling Green and Boynton Ridge Road Impr Phase II $ 529,800.00 3 Rolling Green Ridge $ 270,700.00 4 SE/NE 3rd Street $ 82,600.00 5 Dimick Rd, Potter Rd, and Lake Dr $ 104,600.00 6 Boynton Hills Phase I $ 439,300.00 $ 2,328,200.00 2.1 GENERAL REQUIREMENTS The CONTRACTOR shall provide all services and necessary items of expense, including but not limited to labor, material, trucking, transportation, equipment, hoisting, scaffolding, power, supervision, layout, overhead, profit, and all other services and items of expense required for the complete performance of all Work in accordance with the Contract Documents as follows: A. FDOT Specifications Technical Specifications—Florida Department of Transportation Specifications(FDOT) - Except as otherwise stated in the Contract Documents, all work will be performed in accordance with the most current edition(FDOT)Standard Specifications for Road and Bridge Construction (July 2018 or most current) and the most current edition FDOT Design Standards (FY 2017- 2018 or most current). The FDOT Specifications noted above are hereby incorporated into the Contract Documents. PWE22-008 Asphalt and Sidewalk Rehabilitation 7 B. Pay legally required sales, consumer, and use taxes. C. Secure and pay for, as necessary for proper execution and completion of the Work: 1. All permits (burning, excavation, ROW Utilization, etc.). No permits from the City of Boynton Beach will be required. 2. Government fees. 3. Licenses and applications. 4. Electrical permits. 5. Irrigation construction permits as required by the Florida Building Code and/or other government agencies. D. Give required notices. E. Comply with laws, codes, ordinances, rules, regulations, orders, and other legal requirements of public or quasi-public authorities which bear on the performance of the work. F. Enforce strict discipline and good order among employees. Do not employ for work unfit persons and persons not skilled in assigned tasks. G. The CONTRACTOR is responsible at all times for the proper conduct of personnel and proper conduct of all subcontractor personnel. H. The CONTRACTOR shall ensure that all personnel is properly dressed in OSHA- approved clothing and safety gear, including but not limited to hard hats, hard-soled work shoes, shirts, and long pants, as appropriate for the performance of the Work. I. The CONTRACTOR shall be responsible for compliance with all applicable OSHA Safety requirements and regulations, as applicable for the performance of the Work. 2.2 COORDINATION A. Refer to Specification Section 01310 — Project Management and Coordination for additional Project Coordination requirements. B. When and if required, the CONTRACTOR shall coordinate and cooperate with the CITY's geotechnical and material testing consultants. The CONTRACTOR is responsible for scheduling and coordinating all testing required in the performance of the Work. Unless otherwise specified in the Contract Documents, the number, frequency, and type of testing shall be in accordance with the FDOT Guidelines for Sampling and Testing. The CITY will pay for costs associated with the initial soils and material testing and the CONTRACTOR will be liable for costs associated with re- testing as a result of initial test failure due to deficiencies in the CONTRACTOR's work efforts. C. The CONTRACTOR shall coordinate with the CITY's Representative. The CONTRACTOR and CITY's Representative are responsible for scheduling and coordinating Construction Engineering Inspection (CEI) required in the performance of the Work. D. The CONTRACTOR shall coordinate its Work with the CITY, with the Work of the CITY's separate CONTRACTORs, and other authorized parties as noted herein. The CONTRACTOR shall sequence its Work, as required by the CITY, with the Work of the CITY's separate CONTRACTORs at no additional cost to the CITY. 2.3 STANDARD SPECIFICATIONS PWE22-008 Asphalt and Sidewalk Rehabilitation 8 A. All materials and workmanship shall meet the requirements of the CITY Code of Ordinances, the Florida Department of Environmental Protection requirements, the Florida Department of Transportation Standard Specifications for Road and Bridge Construction (July 2018 or most current), the Florida Department of Transportation Design Standards (FY 2017-2018 or most current)), and in accordance with the Contract Documents. 1. This project is being contracted for the CITY. Any reference to the "State" or "Department" in the Specifications (as legal CITY) shall be replaced by the "CITY". 2.4 ENVIRONMENTAL CONTROLS A. The CONTRACTOR shall provide, install, and maintain all necessary erosion and sedimentation control as required for the performance of the Work. The CONTRACTOR will be required to comply with the environmental and erosion controls requirements in the Storm Water Pollution Prevention Control Plan (SWPPP)prepared for the project, if applicable. Erosion and Sediment Controls: CONTRACTOR shall Construct and maintain temporary erosion control features (if applicable for specific work assignments) or, where practical, construct and maintain permanent erosion control features as shown in the plans or as may be directed by the ENGINEER. The CONTRACTOR shall use temporary erosion and water pollution control features that consist of but are not limited to, temporary grassing, temporary sodding, temporary mulching, sandbagging, slope drains, sediment basins, sediment checks, berms, baled hay or straw,floating turbidity barrier, staked turbidity barrier, and silt fence. Temporary Silt Fence: The CONTRACTOR shall furnish, install, maintain,and remove temporary silt fences as directed by the CITY, if applicable, in accordance with the manufacturer's directions,these Specifications,the details as shown on the plans, and the FDOT Design Standards (2012) Index No. 102. This item will be paid based on the Linear Footage of the silt fence installed. 2.5 PERMITS AND PERMIT FEES A. All Permits required for any part of the CONTRACTOR's Work (except those Permits obtained directly by the CITY, as further enumerated below)shall be procured and paid for by the CONTRACTOR. This shall apply also to those permits required to be obtained by the CONTRACTOR in the name of the CITY for the CITY's own temporary construction office facilities if any. The cost for the required permits (except those permits obtained directly by the CITY) is included in the Contract Sum. B. If needed, the following Permits will be obtained directly by the CITY: 1. South Florida Water Management District (SFWMD)— If applicable 2. United States Army Corp of Engineers (USACOE)— If applicable C. The Contractor shall be responsible for calling for Utility Locates before any excavation work is started. The CONTRACTOR shall be responsible for keeping Utility Locates updated during the duration of construction as needed to accommodate the CONTRACTOR's Work. D. City Building Permits and City Right-of-Way Use Permits (will not be required). However, should any work on City roads require MOT on County or State roads, the permits for which shall be obtained by the CONTRACTOR, at its sole expense, prior to commencement of any Work.A copy of these Permits will be submitted to the CITY. 2.6 JOB SITE CLEANLINESS PWE22-008 Asphalt and Sidewalk Rehabilitation 9 A. Maintain clean and safe work areas throughout the entire duration of the Project. Clean up trash and debris on a daily basis. Legally dispose of trash, debris, and rubbish off the Project site. B. Refer to Specification Section 01500—Temporary Facilities and Controls for additional Construction Cleaning requirements. C. CONTRACTOR shall maintain portable restroom facilities on-site and operational at all times. Adequate facilities shall be supplied for all works and shall be placed in a vicinity of all working crews. At the request of the Engineer, additional restrooms shall be added at no additional cost to the CITY. D. Payment for job site cleanliness is incidental to the project. 2.7 EXISTING ROADWAYS AND UTILITIES A. The CONTRACTOR shall not open cut or create other obstacles on the roadways or walkways without the explicit approval of the CITY. Authorized cuts must be bridged to permit vehicular and pedestrian traffic to continue without delay or hindrance. Any Work that must be performed which may result in delays to public traffic or re-routing of traffic must be coordinated and approved by the CITY. The CONTRACTOR shall notify each utility company involved at least ten (10) business days prior to the start of construction to arrange for positive underground location, relocation, or support of its utility where that utility may be in conflict with or endangered by the proposed construction. Relocation of water and sewer mains and services or other utilities for the convenience of the CONTRACTOR shall be paid separately in "Utility Adjustments" by the CITY. The relocation to be completed by Comcast Cable, AT&T, Florida Power, and Light, or other public utilities must be coordinated in the weekly construction meetings. All costs of permanent dry utility relocations to avoid conflict shall be the responsibility of the CONTRACTOR and the utility company involved. No additional payment will be made to the CONTRACTOR for utility relocation coordination for any utility relocation. Florida Power&Light(FPL)calls your attention to the fact that there may be energized, high voltage electric lines, both overhead and underground, located in the area of this project. CONTRACTOR must visually survey the area and take the necessary steps to identify all overhead and underground facilities prior to commencing construction to determine whether the construction of any proposed improvements will bring any person, tool, machinery, equipment, or object closer to FPL's power lines than the OSHA-prescribed limits. If it will, you must either re-design your project to allow it to be built safely given the pre-existing power line location or make arrangements with FPL to either de-energize and ground our facilities or relocate them. You must do this before allowing any construction near power lines. If it is necessary for CONTRACTOR and/or subcontractor to operate or handle cranes, digging apparatus, draglines, mobile equipment, or any other equipment, tools or materials in such a manner that they might come closer to underground or overhead power lines then is permitted by local, state or federal regulations, CONTRACTOR or subcontractor must notify FPL in writing of such planned operation prior to the commencement thereof and make all necessary arrangements with FPL in order to carry out the work in a safe manner. Any work in the vicinity of the electric lines should be suspended until these arrangements are finalized and implemented. The CONTRACTOR shall be required to complete a"Notification of FPL Facilities"form prior to the commencement of Work. All overhead, surface, or underground structures and utilities encountered are to be carefully protected from injury or displacement. All damage to such structures is to be completely repaired within a reasonable time; needless delay will not be tolerated. The CITY reserves the right to remedy such damage by ordering outside parties to make such repairs at the expense of the CONTRACTOR. All such repairs made by the CONTRACTOR are to be made to the satisfaction of the City of Boynton Beach Utilities Department. All damaged utilities must be replaced or PWE22-008 Asphalt and Sidewalk Rehabilitation0 prevented from leaking. All repairs are to be inspected by the City of Boynton Beach Utilities Department prior to backfilling. The CONTRACTOR should be aware the City of Boynton Beach Utilities Department does not allow riser rings. CONTRACTOR shall contact the City of Boynton Beach Utilities Department to adjust manhole lids. The cost of this coordination effort shall be included in the unit pricing. The CONTRACTOR should be aware of the SUNSHINE STATE ONE CALL (formerly the UNCLE Notification Center),which has a free locating service for CONTRACTORS and excavators. Two business days before excavating, dial toll-free 1-800-432-4770, and a locator will be dispatched to the work location. The utilities and municipalities that are present members of SUNSHINE STATE ONE CALL are as follows: American Traffic Solutions AT&T Telephone Company Century link City of Boynton Beach Utilities Department Comcast Boca Delray FDOT Palm Beach Fibernet Direct Florida Public Utilities Florida Power and Light Comcast Cable TV Hotwire Communications Level 3 Communications MCI Palm Beach County Traffic Operations Sprint Corporation Strome Networks Windstream Connections Maintenance of Existing Utility Services: General: The CONTRACTOR shall fully cooperate at all times with the CITY in order to maintain utility service with the least amount of interference and interruption possible. Public health and safety considerations shall exceed all others; the CONTRACTOR's work shall, at all times, be subject to revision if necessary for public health and safety conditions. The creation of a public nuisance will not be permitted. CITY reserves the right to require the CONTRACTOR to work twenty-four (24) hours per day in all cases where interference with existing water or sewer service may result in health hazards, offensive conditions, or serious inconveniences to persons served by the system. B. Whenever possible, the CONTRACTOR shall arrange Work so that there will be no service interruptions of any existing systems. Whenever service interruptions are necessary, the CONTRACTOR shall secure the advance approval of the CITY and jurisdictional agencies as to the time and date such interruptions will be permitted. 2.8 MAINTENANCE OF TRAFFIC (MOT) A. General: The CONTRACTOR shall be responsible for the proper maintenance, control, and detour of traffic in the area of construction during the construction. All traffic control and maintenance procedures shall be in accordance with the requirements of most current Section 102 of the Standard Specifications, the FDOT Design Standards 600 Series Index, the Drawings, and these Technical Provisions, PWE22-008 Asphalt and Sidewalk Rehabilitation 1 and the latest edition of Manual of Uniform Traffic Control Devices (MUTCD). It shall be the CONTRACTOR's responsibility as Bidder, prior to submitting his or her bid, to determine the amount of work required so that his or her Proposal reflects all costs to be incurred including clearing and grubbing, necessary fill, suitable rock base, and asphaltic concrete for detour. No claims for additional payment will be considered for costs incurred in the proper maintenance, control, detour, and protection of traffic and no extensions in Contract time will be granted due to this MOT PAY ITEM. All Standard Maintenance of Traffic operations FDOT Standard Indexes 102-600 through 102-680 shall be included in the costs of the bid. Traffic shall be maintained at all times and as more particularly specified hereinafter. The CONTRACTOR shall submit the MOT plan to the CITY a minimum of 2-weeks in advance of a proposed road closure. The CONTRACTOR shall submit the MOT plan to the CITY a minimum of 72-hours in advance of any lane closure. All traffic control signs and devices, barricades, flashers, and similar devices shall be furnished and maintained by the CONTRACTOR. All flagmen shall be certified to perform Maintenance of Traffic duties. The CONTRACTOR shall provide the services of uniformed, off-duty police officers to supervise traffic control and maintain safety along the routes of the work or at any other area where the operation causes traffic congestion such that police supervision is required to protect the public safety and the work. Excavated or other material stored adjacent to or partially upon a roadway pavement shall be adequately marked for traffic and pedestrian safety at all times. Necessary access to adjacent property shall be provided at all times. The CONTRACTOR shall not block access to driveways except where same are to be removed and replaced. The CONTRACTOR shall give seventy-two (72) hours advance notice of driveway removal and replacement operations to affected residents. B. The CONTRACTOR shall provide MOT Plans (if applicable for specific work assignments) prepared by an individual certified in Advanced Maintenance of Traffic by FDOT. MOT Plans provided by the CONTRACTOR shall be approved by the CITY prior to the start of construction. The Maintenance of Traffic Plan shall be in written form. The MOT shall clearly indicate the type and location of all signs, lights, barricades, striping, and barriers to be used for the safe passage of pedestrians and vehicular traffic through the project and for the protection of the workman. The plan will indicate conditions and setups for each phase of the CONTRACTOR's activities. In no case may the CONTRACTOR begin work until the Maintenance of Traffic Plan has been approved in writing by the CITY. The CONTRACTOR needs to anticipate in its schedule that the CITY needs to provide adequate public notification. Modifications must also be approved in writing. Except in an emergency, no changes to the approved plan will be allowed until approval to change such plan has been received. The CONTRACTOR shall be responsible for: performing daily inspections (including weekends, holidays, and nighttime) of the MOT plan on the project and for the replacement of all equipment and devices not conforming to the approved MOT plan during that inspection. The project personnel will be advised of the schedule of these inspections and be given the opportunity to join in the inspection as is deemed necessary. PWE22-008 Asphalt and Sidewalk Rehabilitation 2 C. LANE CLOSURES—when either an arterial or collector road is to have a lane closure as a part of its MOT plan the following conditions shall apply in addition to all other MOT requirements: 1. Lane closures shall be limited between the hours of 9:00 a.m. and 3:30 p.m., and 7:00 p.m. to 6:00 a.m. on school days unless previously authorized by the CITY. 2. If the CONTRACTOR begins a lane closure before the approved start time or ends the lane closure after the approved lane closure time the CONTRACTOR shall be assessed by the CITY damages of $100 per hour for each hour of lane closure outside the above stated approved time range. Damage fees shall be assessed and prorated to the next quarter-hour(i.e. a CONTRACTOR that ends an approved lane closure at 3:40 p.m. would be assessed $25.00 ($100 x 0.25). 3. Lane closures that are implemented by the CONTRACTOR that are not pre- authorized in writing by the CITY shall be assessed at$300 per hour. 2.9 VIDEO TAPE OF EXISTING CONDITIONS If directed by the CITY,the CONTRACTOR will video tape the existing site conditions, prior to the start of construction. The CONTRACTOR will provide one copy of the existing conditions video tape to the CITY prior to the start of construction. 2.10 OWNERSHIP OF EXISTING MATERIALS All materials removed or excavated from the job site shall remain the property of the CITY until released by the ENGINEER, at which time it shall become the property of the CONTRACTOR who shall legally dispose of it in a manner satisfactory to the ENGINEER. Upon direction of the ENGINEER, all suitable or unsuitable excavation, vegetation, debris, concrete, or other materials shall be disposed of in areas provided by the CONTRACTOR and approved by the ENGINEER. 2.11 RESPONSIBILITY FOR MATERIALS The CONTRACTOR shall be held responsible for any materials, equipment, and work to the full amount of all payments made thereon, and he or she will be required to make good at his or her own cost any injury or damage which said material, equipment, or work may sustain from any unforeseen obstructions or difficulties which may be encountered, or from any source or cause whatsoever, or from any action of the elements, before final acceptance thereof. No payment will be allowed for materials stored on-site prior to installation. 2.12 DEMOLITION CONTRACTOR shall maintain the project site in a safe, clean, and neat condition. All demolition material shall be removed from the site within 72 hours of demolition or placed within the fenced locked storage area. No undesirable accumulation of debris or materials shall be allowed. All excess material (existing structure, pipe/catch basin/mitered end section/headwall/manhole) left on-site will be removed and properly/legally disposed of by the CONTRACTOR. This work will be included under clearing and grubbing. 2.13 ORDER AND DIRECTION OF WORK The work to be done under this Contract shall be under the general inspection of the ENGINEER. The sequence of construction shall be subject to the approval of the ENGINEER. At his discretion, the ENGINEER may, from time to time, direct the order in which and points at which the work shall be prosecuted; and may exercise such control over the conduct of the work at any time or place that shall be required, in his opinion, to safeguard the interest of the CITY and/or the public health and safety. No work shall be carried on or constructed except by specific consent of the ENGINEER unless in the presence of an inspector will not be estimated or paid for except when such work is authorized to be done in such a manner by the ENGINEER. Work done without such authority may be ordered removed and replaced at the CONTRACTOR's expense. PWE22-008 Asphalt and Sidewalk Rehabilitation 3 2.14 TREE PROTECTION CONTRACTOR is to provide Tree Protection in accordance with the CITY Code. CONTRACTORs must comply with the CITY Landscape and Habitat Management Order. This item is incidental to the cost of project construction. 2.15 MOBILIZATION The roadway plans for this Contract, consist of all work necessary to construct tasks under the Annual Road Resurfacing Contract, City of Boynton Beach, Florida. The work includes mobilization, clearing and grubbing, ditch work and signalization, maintenance of traffic, maintenance of pedestrian traffic, asphalt pavement, earthwork, drainage, signalization, NPDES compliance, and other work, as directed by the Engineer. All of the work involved in this project shall conform to the construction plans and specifications and shall be completed in a workmanlike manner. All debris is to be removed within the time specified in the contract. 2.16 SOD General. The CONTRACTOR is solely responsible for final acceptability of all sodded areas. All associated costs are included in the unit price of the sod. For issues not discussed in these specifications, the CONTRACTOR is referred to Sections 570, 981, 982, 983, 985&987 of the FDOT Standard specification for Road and Bridge Construction. Type. Sod shall be locally grown Bahia type unless otherwise specified to conform to surrounding existing turf and shall be; healthy,with well-matted roots, be free of weeds, and be supplier certified to be free of Tropical Soda Apple (Solanum viarum). Dimensions. Sod pieces shall be 1.33 ft x 2 ft and a minimum of 1 '/4 inch thick. 3/4 inch of the sod thickness shall be roots and topsoil. Placement. 1. Sod shall be laid with the long side parallel to contours (perpendicular to the slope with the ends of the pieces butted together. Placement of sod shall proceed in this manner up the slope and end butts shall be staggered with adjoining rows. 2. The combined number of overlaps and 1 inch or greater gaps between pieces shall not exceed 5 per 100 square feet. 3. The combined number of 2 inch or greater overlaps and 2 inch or greater gaps between pieces shall not exceed 1 per 100 square feet. 4. For final acceptance, no more than 10% of the sodded area may consist of dead spots of greater than '/2 foot square and no more than 5% of the sodded area shall consist of dead spots of greater than 1-foot square. Lime and Fertilizer. To assure rapid establishment of sod the CONTRACTOR is urged to apply fertilizer and lime as follows or as determined by soil testing. 1. Fertilizer: a. 16-4-8—50% of Nitrogen to be slow release b. 265 Ib/ac as placement c. 135 Ib/ac at 60 days after placement Watering. Sod shall be watered with 1/2 inch of water immediately upon placement. In the following, three weeks sod shall be watered with the greater of 1/2 inch of water 2— 3 times weekly or the amount of water required to maintain moist conditions in the soil to a depth of 6 inches beneath the sod. After 3 weeks the sod shall be watered with the greater of 1/4 inch of water 2 — 3 times weekly or the amount of water required to maintain moist conditions in the soil to a depth of 4 inches beneath the sod. In the event that the specified watering results in the moisture condition drier than those specified above, the CONTRACTOR may place straw mulch which is free of any noxious weed, and in particular Tropical Soda Apple in an open uniform layer of 1 —2 inches thickness to assist in moisture retention. PWE22-008 Asphalt and Sidewalk Rehabilitation 4 Maintenance. 1. Mowing—Grass is to be mowed to 6-inch height for final acceptance. a. Mowing shall not remove any more than 1/3 of the grass leaves and be done with sharp blade mowers. b. Mowing shall not occur for 3 weeks after planting. 2. Filing, leveling, repairing washouts or erosion —CONTRACTOR shall replace patches of dead sod and repair disturbed and damaged sod immediately upon being made aware of the condition. 2.17 ASPHALT PAVING A. The CONTRACTOR shall provide an Asphalt Batch Mix Testing Report for each plant day as per Florida Department of Transportation Standard Specifications. Asphalt mixes shall contain no more than 30% Reclaimed Asphalt Pavement (RAP). B. The CONTRACTOR shall comply with the requirements of the most current Edition of the FDOT Standard Specification for Road and Bridge Construction for Superpave Asphaltic Concrete. C. The CONTRACTOR shall comply with the most current Edition of the FDOT Standard Specification for Road and Bridge Construction for Asphalt Mix Type S-1, and S-III Asphaltic Concrete, if applicable. 2.18 PREMIUM SEAL COATING A. CONTRACTOR shall place Polytar heavy-duty pavement sealer (Gemseal, Black Diamond XL, or approved equal) applied per manufacturer's (Gemseal)specifications. 2.19 PAVEMENT MARKING A. CONTRACTOR shall place thermoplastic pavement markings as per the contract documents (edge stripes, centerline stripes, crosswalks, pavement arrows, and messages and stop bars, *This should be "painted" only if the road will be open to traffic prior to completing paving*). In addition, CONTRACTOR shall install reflective pavement markings (RPM's) in accordance with the contract documents and Section 970-971 of the Florida Department of Transportation Specifications for Road and Bridge Construction. Thermoplastic markings shall be placed between 30 and 60 days after pavement has been completed. 2.19 GRASSING OPERATIONS A. All unpaved disturbed areas shall be treated with vegetation. 2.20 SIDE WALK GRINDING A. Contractor shall perform a grinding procedure to quickly reduce raised sidewalk panels ("trip hazards" up to 2" high only.Any risers ortrip hazards greater than 2"are normally replaced.A dry cutting scarifier outfitted with tungsten carbide spike cutters will quickly reduce the raised sidewalk panel level through the pulverizing scarification process that tapers the raised riser into fine concrete powders. The final surface will have a smooth "non-slip" CSP3-CSP4 textured surface finish without any rough edges. The completed panel will have a surface color shaded lighter that the adjoining section. A dust collector can be attached to a vacuum port to contain fine airborne concrete powders. 2.21 TRAFFIC DELI NEATOR/CHANNELIZING POST A. Contractor shall install self-righting channelizer post, flexible, hi-visibility post. Various colors as specified by project requirements 42" H, surface mounted post using bolts or approved epoxy compound. Conforms to MUTCD & NCHRP 350 Standards. (Pexco FG 300 or Equal.) 2.22 SPEED HUMP A. Contractor shall install a Modular Rubber Speed Hump 18% 36" width for permanent or temporary applications. Assembly must be fuel, oil-resistant, U/V light-resistant w/ PWE22-008 Asphalt and Sidewalk Rehabilitation 5 embedded reflective material for increased visibility. 2.23 SPEED CUSHION A. Contractor shall install a modular rubber speed cushion 78"x80", which allows wider wheel base emergency vehicles to pass over without reducing speed. Interlocking modules with chemical resistance to oil, diesel solvents, and outdoor exposure in extreme hot or cold temperatures. Directional arrows (2 req'd) integrated into rubber module. 2.24 SYNTHETIC TURF A. Contractor shall install an artificial synthetic turf system with underlayment material. Foreverl-awn or equal landscape turf system. 2.25 GENERAL CLARIFICATIONS A. The existing grade elevations and utility locations as depicted on the Contract Drawings are not to be construed as absolute. Should the CONTRACTOR notice any discrepancies between the drawings and the existing conditions, the CONTRACTOR shall advise the CITY, in writing, of the discrepancies observed, prior to starting the construction activities affecting the discrepancies. B. Maintenance and dust abatement of all areas of Work provide by the CONTRACTOR shall be done in a manner acceptable to the CITY. C. The CONTRACTOR shall be responsible for safely barricading open excavations which may present hazards. D. All existing conditions off the immediate Project site which are disturbed due to the CONTRACTOR's activities shall be repaired to pre-construction conditions. E. The CONTRACTOR's attention is directed to the fact that there are existing underground utilities located within and adjacent to the limits of construction. The CONTRACTOR shall be required to coordinate its operations with these existing facilities and shall provide all means necessary to protect these facilities during construction. F. The CONTRACTOR shall be responsible for securing all tools, equipment, and material at the job site. 2.22 WORK HOURS A. Normal work hours shall be limited to 6:00 AM to 7:00 PM, Monday through Friday. Any work performed outside those hours shall be approved by the CITY. B. All night work shall be requested in writing a minimum of 48 hours in advance. A minimum of 10-foot candles of temporary lighting shall be provided in all areas where night work is being performed. No night work shall be performed without the approval of the CITY. PWE22-008 Asphalt and Sidewalk Rehabilitation 6 ri SECTION 01310 - PROJECT MANAGEMENT AND COORDINATION 1.1 SUMMARY A. This Section includes administrative provisions for coordinating construction operations on Project including, but not limited to, the following: 1. General Project coordination procedures 2. Submittals 3. Project meetings 1.2 COORDINATION A. Coordination: Coordinate construction operations included in various Sections of the Specifications to ensure the efficient and orderly installation of each part of the Work. Coordinate construction operations, included in different Sections, which depend on each other for proper installation, connection, and operation. Schedule construction operations in the sequence required to obtain the best results where installation of one part of the Work depends on the installation of other components, before or after its own installation. B. If necessary, prepare memoranda for distribution to each party involved, outlining special procedures required for coordination. Include such items as required notices, reports, and a list of attendees at meetings. Prepare similar memoranda for CITY and separate CONTRACTORs if coordination of their Work is required. C. Administrative Procedures: Coordinate scheduling and timing of required administrative procedures with other construction activities and activities of other CONTRACTORs to avoid conflicts and to ensure orderly progress of the Work. 1.3 SUBMITTALS A. Shop Drawings, Product Data, Mix Designs, and Coordination Drawings: Submit Shop Drawings, Product Data, Mix Designs, and Coordination Drawings. Submit Mix Designs for all Asphaltic Concrete mixes. Prepare Shop Drawings and Coordination Drawings if limited space availability necessitates maximum utilization of space for efficient installation of different components or if coordination is required for installation of products and materials fabricated by separate entities. 1. Indicate relationship of components shown on separate Shop Drawings. 2. Indicate required installation sequences. 1.4 PROJECT MEETINGS A. General: Schedule and conduct meetings and conferences at Project site. 1. Attendees: Inform participants and others involved, and individuals whose presence is required, of date and time of each meeting. Notify City and Engineer of scheduled meeting dates and times 1 week in advance. 2. Agenda: Prepare the meeting agenda. Distribute the agenda to all invited attendees. 3. Minutes: Record significant discussions and agreements achieved. Distribute the meeting minutes to everyone concerned, including CITY and Engineer, within three (3)days of the meeting. B. Progress Meetings: Conduct progress meetings as required by the CITY. PWE22-008 Asphalt and Sidewalk Rehabilitation 77 ri SECTION 01320 -CONSTRUCTION PROGRESS DOCUMENTATION 1.1 SUMMARY A. This Section includes administrative and procedural requirements for documenting the progress of construction during performance of the Work, including the following: CONTRACTOR's Construction Schedule. Submittals Schedule. Daily construction reports. Field condition reports. 1.2 DEFINITIONS A. Critical Path: The longest continuous chain of activities through the network schedule that establishes the minimum overall Project duration and contains no float. B. Float: The measure of leeway in starting and completing an activity. Float time belongs to CITY. C. Fragnet: A partial or fragmentary network that breaks down activities into smaller activities for greater detail. D. Major Area: A construction phase, component area, or a similar significant construction element. 1.3 SUBMITTALS A. Submittals Schedule: Submit three (3) copies of schedule. Arrange the following information in a tabular format: 1. Scheduled date for first submittal. 2. Specification Section number and title. 3. Submittal category(action or informational). 4. Name of subcontractor. 5. Description of the Work covered. 6. Scheduled date for Engineer's final release or approval. B. CONTRACTOR's Construction Schedule: Submit two (2) printed copies of initial schedule,one electronic copy, and one a blue-or black-line print, large enough to show entire schedule for entire construction period. 1.4 COORDINATION A. Coordinate preparation and processing of schedules and reports with performance of construction activities and with scheduling and reporting of separate CONTRACTORs. B. Coordinate CONTRACTOR's Construction Schedule with the Schedule of Values, list of subcontracts, Submittals Schedule, progress reports, payment requests, and other required schedules and reports. 1. Secure time commitments for performing critical elements of the Work from parties involved. PWE22-008 Asphalt and Sidewalk Rehabilitation 78 2. Coordinate each construction activity in the network with other activities and schedule them in proper sequence. 2.1 SUBMITTALS SCHEDULE A. Preparation: Submit a schedule of submittals,arranged in chronological order by dates required by construction schedule. Include time required for review, resubmittal, ordering, manufacturing, fabrication, and delivery when establishing dates. 1. Coordinate Submittals Schedule with list of subcontracts, the Schedule of Values, and Project Schedule. 2. Submit concurrently with the first complete submittal of the Project Schedule. 2.2 PROJECT SCHEDULE A. Time Frame: Extend schedule from date established for the Notice to Proceed to date of Substantial Completion. B. Contract completion date shall not be changed by submission of a schedule that shows an early completion date unless specifically authorized by Change Order. C. Contract Modifications: For each proposed contract modification and concurrent with its submission, prepare a time-impact analysis using fragnets to demonstrate the effect of the proposed change on the overall project schedule. 3.1 EXECUTION PROJECT SCHEDULE A. Project Schedule Updating: At monthly intervals with each progress payment, update schedule to reflect actual construction progress and activities. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. PWE22-008 Asphalt and Sidewalk Rehabilitation 79 ri SECTION 01400 -QUALITY REQUIREMENTS 1.1 SUMMARY A. This Section includes administrative and procedural requirements for quality assurance and quality control. B. Inspecting services are required to verify compliance with requirements specified or indicated. These services do not relieve CONTRACTOR of responsibility for compliance with the Contract Document requirements. 1. Inspections and related actions do not limit CONTRACTOR's quality-control procedures that facilitate compliance with the Contract Document requirements. 2. Requirements for CONTRACTOR to provide quality-control services required by CITY are not limited by provisions of this Section. 1.2 DEFINITIONS A. Quality-Assurance Services: Activities, actions, and procedures performed before and during execution of the Work to guard against defects and deficiencies and ensure that proposed construction complies with requirements. B. Quality-Control Services: Tests, inspections, procedures, and related actions during and after execution of the Work to evaluate that completed construction complies with requirements. Services do not include contract enforcement activities performed by CITY. C. Mockups: Full-size, physical example assemblies to illustrate finishes and materials. Mockups are used to verify selections made under Sample submittals, to demonstrate aesthetic effects and, where indicated, qualities of materials and execution, and to review construction, coordination, testing, or operation; they are not Samples. D. Testing Agency: An entity engaged to perform specific tests, inspections, or both. Testing laboratory shall mean the same as testing agency. 1.4 SUBMITTALS A. Permits, Licenses, and Certificates: For CITY's records, submit copies of permits, licenses, certifications, inspection reports, releases,jurisdictional settlements, notices, receipts for fee payments, judgments, correspondence, records, and similar documents, established for compliance with standards and regulations bearing on performance of the Work. 1.5 QUALITY ASSURANCE A. Fabricator Qualifications: A firm experienced in producing products similar to those indicated for this Project and with a record of successful in-service performance, as well as sufficient production capacity to produce required units. B. Factory-Authorized Service Representative Qualifications: An authorized representative of manufacturer who is trained and approved by manufacturer to inspect installation of manufacturer's products that are similar in material, design, and extent to those indicated for this Project. PWE22-008 Asphalt and Sidewalk Rehabilitation 80 C. Installer Qualifications: A firm or individual experienced in installing, erecting, or assembling work similar in material,design, and extent to that indicated for this Project, whose work has resulted in construction with a record of successful in-service performance. Install, where required by manufacturer in order to obtain the specified warranty, must employ workers trained and approved by manufacturer, or authorized representative of manufacturer. D. Manufacturer Qualifications: A firm experienced in manufacturing products or systems similar to those indicated for this Project and with a record of successful in-service performance. E. Specialists: Certain sections of the Specifications require that specific construction activities shall be performed by entities that are recognized experts in those operations. Specialists shall satisfy qualification requirements indicated and shall be engaged for the activities indicated. Requirement for specialists shall not supersede building codes and similar regulations governing the Work, nor interfere with local trade-union jurisdictional settlements and similar conventions. 1.6 QUALITY CONTROL A. CITY Responsibilities: CITY will also engage a qualified Construction Engineering and Inspection Engineer to perform inspections and administration of the Work. B. CONTRACTOR Responsibilities: Unless otherwise indicated, provide quality-control services specified and required by authorities having jurisdiction. 1. The CONTRACTOR and the CEI firm will be jointly responsible for coordinating and scheduling inspections of the Work to conform with the CONTRACTOR's Work schedule. 2. Where quality-control services are indicated as CONTRACTOR's responsibility, submit a certified written report, in duplicate, of each quality- control service. 3. Inspecting requested by CONTRACTOR and not required by the Contract Documents are CONTRACTOR's responsibility. 4. Submit additional copies of each written report directly to authorities having jurisdiction when they so direct. C. Manufacturer's Field Services: Where indicated, engage a factory-authorized service representative to inspect field-assembled components and equipment installation, including service connections. Report results in writing. D. Coordination: Coordinate sequence of activities to accommodate required quality- assurance and quality-control services with a minimum of delay and to avoid necessity of removing and replacing construction to accommodate testing and inspecting. Schedule times for inspections and similar activities. 2.1 REPAIR AND PROTECTION A. General: On completion of inspecting and similar services, repair damaged construction and restore substrates and finishes. B. Protect construction exposed by or for quality-control service activities. C. Repair and protection are CONTRACTOR's responsibility, regardless of the assignment of responsibility for quality-control services. PWE22-008 Asphalt and Sidewalk Rehabilitation 81 SECTION 01500 -TEMPORARY FACILITIES AND CONTROLS 1.1 SUMMARY A. This Section includes general procedural requirements governing Temporary Facilities and Controls including, but not limited to, the following: 1. Temporary utilities. 2. Support facilities. 3. Security and protection facilities. 4. Construction cleaning. 1.2 DEFINITIONS NOT USED 1.3 USE CHARGES A. General: Cost or use charges for temporary facilities and utilities are not chargeable to CITY or Engineer and shall be included in the Contract Sum through the date of substantial completion. Allow other entities to use temporary services and facilities without cost, including, but not limited to, CITY's construction forces, Engineer, testing and inspecting agencies, and personnel of authorities having jurisdiction. 1.4 NOT USED 1.5 QUALITY ASSURANCE A. Standards: Comply with ASTM Road & Paving Standards for Aggregate Specifications, Aggregate Testing, Asphalt specifications., 2020 FDOT Standards for Road & Bridge Specifications or latest version -Section 200 Base Courses & Section 300 Bituminous Treatment, Surface Courses & Concrete Pavement, Section 700 - signing Pavement Marking & Lighting. B. Concrete Standards to conform to ASTMC-94—Standard Specifications for Ready Mix Concrete C. Inspections: Arrange for authorities having jurisdiction to inspect each temporary utility before use. Obtain required certifications and permits. 1.6 PROJECT CONDITIONS A. Conditions of Use: The following conditions apply to use of temporary services and facilities by all parties engaged in the Work: Keep temporary services and facilities clean and neat. Relocate temporary services and facilities as required by progress of the Work. 2.1 PRODUCTS MATERIALS A. General: Provide new materials. Undamaged, previously used materials in serviceable condition may be used if approved by the CITY. Provide materials suitable for use intended. 2.2 EQUIPMENT A. Self-Contained Toilet Units: Single-occupant units of chemical, aerated recirculation, or combustion type; vented; fully enclosed with a glass-fiber-reinforced polyester shell or similar nonabsorbent material. B. Drinking-Water Fixtures: Containerized, tap-dispenser, bottled-water, drinking-water units, including paper cup supply. PWE22-008 Asphalt and Sidewalk Rehabilitation 82 C. Electrical Outlets: Properly configured, NEMA-polarized outlets to prevent insertion of 110- to 120-V plugs into higher-voltage outlets; equipped with ground-fault circuit interrupters, reset button, and pilot light. D. Power Distribution System Circuits: Where permitted and overhead and exposed for surveillance, wiring circuits, not exceeding 125-V ac, 20-A rating, and lighting circuits may be nonmetallic sheathed cable. 3.1 INSTALLATION, GENERAL A. Locate facilities where they will serve Project adequately and result in minimum interference with performance of the Work. Relocate and modify facilities as required. B. Provide each facility ready for use when needed to avoid delay. Maintain and modify as required. Do not remove until facilities are no longer needed or are replaced by authorized use of completed permanent facilities. 3.2 TEMPORARY UTILITY INSTALLATION A. General: Engage appropriate local utility company to install temporary service or connect to existing service. Where utility company provides only part of the service, provide the remainder with matching, compatible materials, and equipment. Comply with utility company requirements 1. Arrange with utility company, CITY, and existing users for time when service can be interrupted, if necessary, to make connections for temporary services. 2. Provide adequate capacity at each stage of construction. Before temporary utility is available, provide trucked-in services. 3. Obtain easements to bring temporary utilities to Project site where CITY's easements cannot be used for that purpose. B. Sanitary Facilities: Provide temporary toilets. Comply with regulations and health codes for type, number, location, operation, and maintenance of facilities. 1. Toilets: Use of CITY's existing toilet facilities will not be permitted. 2. Toilets: Install self-contained toilet units. Shield toilets to ensure privacy. C. Electric Power Service: Provide weatherproof, grounded electric power service and distribution system of sufficient size, capacity, and power characteristics during construction period. Include meters, transformers, overload-protected disconnecting means, automatic ground-fault interrupters, and main distribution switchgear. D. Install electric power service underground, unless overhead service must be used. E. Electric Distribution: Provide receptacle outlets adequate for connection of power tools and equipment. F. Lighting: Provide temporary lighting with local switching that provides adequate illumination for construction operations and traffic conditions. 3.3 SUPPORT FACILITIES INSTALLATION A. General: Comply with the following: 1. Locate sanitary facilities, and other temporary construction and support facilities for easy access. 2. Provide incombustible construction for sheds located within construction area. Comply with NFPA 241. PWE22-008 Asphalt and Sidewalk Rehabilitation 83 3. Maintain support facilities until near Substantial Completion. Remove before Substantial Completion. B. Temporary Roads and Paved Areas: Construct and maintain temporary roads and paved areas adequate to support loads and to withstand exposure to traffic during construction period. Extend temporary roads and paved areas, within construction limits indicated, as necessary for construction operations. 1. Coordinate elevations of temporary roads and paved areas with permanent roads and paved areas. 2. Prepare subgrade and install subbase and base for temporary roads and paved areas according to FDOT Specifications. C. Waste Disposal Facilities: Provide waste-collection containers in sizes adequate to handle waste from construction operations. Containerize and clearly label hazardous, dangerous, or unsanitary waste materials separately from other waste. 3.4 SECURITY AND PROTECTION FACILITIES INSTALLATION A. Environmental Protection: Provide protection, operate temporary facilities, and conduct construction in ways and by methods that comply with environmental regulations and that minimize possible air, waterway, and subsoil contamination or pollution or other undesirable effects. Avoid using tools and equipment that produce harmful noise. Restrict use of noisemaking tools and equipment to hours that will minimize complaints from persons or firms near Project site. B. Site Enclosure Fence—Not Used C. Temporary Enclosures—Not Used D. Temporary Partitions— Not Used E. Temporary Fire Protection: Install and maintain temporary fire-protection facilities of types needed to protect against reasonably predictable and controllable fire losses. Comply with OSHA requirements and the requirements of the local Fire Department Fire Marshall. 3.5 CONSTRUCTION CLEANING A. Daily clean and maintain the work, site and adjacent properties to be free of rubbish, debris, and accumulations of waste materials resulting from construction operations. Legally dispose of waste materials, rubbish, and debris off-site. B. Do not allow rubbish, debris, and waste materials to accumulate and cause hazardous and unsightly conditions. Provide on-site dumpster containers for collection and removal. C. Collection and Disposal of Waste: Collect waste from construction areas and elsewhere daily. Comply with requirements of NFPA 241 for removal of combustible waste material and debris. D. Sprinkle dusty debris with water. E. Provide all demolition, removal and disposal off the project site, of existing asphalt and/or concrete paving, storm drainage piping and structures, utility piping, and any other miscellaneous items as noted in the Contract Drawings or as required for the performance of the Work.All debris resulting from demolition of existing improvements and conditions shall be legally disposed of off the project site at the CONTRACTOR's cost. PWE22-008 Asphalt and Sidewalk Rehabilitation 84 3.6 OPERATION, TERMINATION, AND REMOVAL A. Supervision: Enforce strict discipline in use of temporary facilities. To minimize waste and abuse, limit availability of temporary facilities to essential and intended uses. B. Maintenance: Maintain facilities in good operating condition until removal. Protect from damage caused by freezing temperatures and similar elements. Maintain markers for underground lines. Protect from damage during excavation operations. C. Termination and Removal: Remove each temporary facility when need for its service has ended or no later than Substantial Completion. Complete or, if necessary, restore permanent construction that may have been delayed because of interference with temporary facility. Repair damaged Work, clean exposed surfaces, and replace construction that cannot be satisfactorily repaired. 1. Materials and facilities that constitute temporary facilities are the property of CONTRACTOR. CITY reserves right to take possession of Project identification signs. 2. At Substantial Completion, clean and renovate permanent facilities used during construction period. Comply with final cleaning requirements in Division 1 Section "Closeout Procedures." THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. PWE22-008 Asphalt and Sidewalk Rehabilitation 85 k i SECTION 01700 - EXECUTION REQUIREMENTS 1.1 SUMMARY A. This Section includes general procedural requirements governing execution of the Work including, but not limited to, the following: 1. Construction layout. 2. Field engineering and surveying. 3. Record Drawings/As-Built Drawings. 4. Starting and adjusting. 5. Protection of installed construction. 6. Correction of the Work. 1.2 SUBMITTALS A. Certificates: Prior to submitting the Final Payment Invoice, submit certificate signed by the CONTRACTOR's Authorized Representative certifying that: "The Project has been constructed in accordance with the Contract Documents and the applicable permitting agency criteria". B. Landfill Receipts: Not Used C. Certified Surveys: Not Used 1.3 QUALITY ASSURANCE A. Land Surveyor Qualifications: Not Used PART 2 -PRODUCTS (Not Used) 3.1 EXECUTION: EXAMINATION A. Existing Conditions: The existence and location of site improvements, utilities, and other construction indicated as existing are not guaranteed. Before beginning work, investigate and verify the existence and location of water, sewer, communication, and electrical systems, and other construction affecting the Work. Before construction, verify the location and points of connection of utility services. B. Existing Utilities: The existence and location of underground and other utilities and construction indicated as existing are not guaranteed. Before beginning site work, investigate and verify the existence and location of underground utilities and other construction affecting the Work. Furnish location data for work related to Project that must be performed by public utilities serving Project site. The CONTRACTOR is responsible for obtaining and updating utility locates for existing utility systems on and abutting the project site. The CONTRACTOR is responsible for contacting CALL SUNSHINE at 800-432-4770 for utility locates in accordance with Florida Laws. PWE22-008 Asphalt and Sidewalk Rehabilitation 86 C. Acceptance of Conditions: Examine areas, and conditions for compliance with requirements for installation tolerances and other conditions affecting performance. Record observations. Proceed with installation only after unsatisfactory conditions have been corrected. Proceeding with the Work indicates acceptance of surfaces and conditions. 3.2 PREPARATION A. Existing Utility Information: Furnish information to CITY that is necessary to adjust, move, or relocate existing utility structures, utility poles, lines, services, or other utility appurtenances located in or affected by construction. Coordinate with authorities having jurisdiction. B. Existing Utility Interruptions: Do not interrupt utilities serving facilities occupied by CITY or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated: 1. Notify CITY not less than five (5) days in advance of proposed utility interruptions. 2. Do not proceed with utility interruptions without CITY's written permission. C. Field Measurements: Take field measurements as required to fit the Work properly. Recheck measurements before installing each product. Where portions of the Work are indicated to fit to other construction, verify dimensions of other construction by field measurements before fabrication. Coordinate fabrication schedule with construction progress to avoid delaying the Work. D. Space Requirements: Verify space requirements and dimensions of items shown diagrammatically on Drawings. E. Review of Contract Documents and Field Conditions: Immediately on discovery of the need for clarification of the Contract Documents, submit a request for information to CITY. Include a detailed description of problem encountered, together with recommendations for changing the Contract Documents. 3.3 CONSTRUCTION LAYOUT A. Verification: Before proceeding to layout the Work, verify layout information shown on Drawings, in relation to the right of way survey and existing benchmarks. If discrepancies are discovered, notify CITY promptly. B. CONTRACTOR shall be responsible for laying out the Work. C. Improvements: Locate and lay out improvements, including subgrade, base course, pavements, grading, and fill and topsoil placement. 3.4 FIELD ENGINEERING (Not Used) 3.5 RECORD DRAWING/AS-BUILT DRAWINGS (Not Used) 3.6 STARTING AND ADJUSTING A. Start all equipment and operating components to confirm proper operation. Remove malfunctioning units, replace with new units, and retest. B. Adjust operating components for proper operation without binding. Adjust equipment for proper operation. C. Test each piece of equipment to verify proper operation. Test and adjust controls and safeties. Replace damaged and malfunctioning controls and equipment. 3.7 PROTECTION OF INSTALLED CONSTRUCTION PWE22-008 Asphalt and Sidewalk Rehabilitation 87 —Z nAA A. Provide final protection and maintain conditions that ensure installed Work is without damage or deterioration at time of Substantial Completion. 3.8 CORRECTION OF THE WORK A. Repair or remove and replace defective construction. Restore damaged Work. Repairing includes replacing defective parts, refinishing damaged surfaces, touching up with matching materials, and properly adjusting operating equipment. B. Restore permanent facilities used during construction to their specified condition. C. Remove and replace damaged surfaces that are exposed to view if surfaces cannot be repaired without visible evidence of repair. D. Repair components that do not operate properly. Remove and replace operating components that cannot be repaired. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. PWE22-008 Asphalt and Sidewalk Rehabilitation 88 t ASPHALT AND SIDEWALK REHABILITATION BID No. PWE22-008 SUPPLEMENTAL CONDITIONS BID BONDS • Bid bonds are NOT required for this bid. PERFORMANCE AND PAYMENT BONDS • The projects value will vary from very small to $500,000. The City will require a $350,000 Performance and Payment Bond annually. • Preparation of the Schedule of Bid Items represent only line item pricing; the value of each subsequent project cannot be determined at this time. PURCHASE ORDERS Purchase Orders for specific scope(s)of work identified by the City will be issued on an "As Needed Basis" to awarded contractor(s). Purchase Order(s)will be prepared based on established pricing. • The City will initiate a project by sending the Contractor a sketch of what is required (see Attachment A) and request a proposal. The Contractor will be responsible to provide a proposal utilizing the established bid price, identify each of the bid items, the needed quantities, the total cost of the proposal and submit the proposal to the City. • A site inspection will be performed at such time that the contractor(s)respond to a request from the City regarding a specific scope of work and prior to the issuance of a purchase order. COST ESTIMATE PROPOSALS Cost Estimate Proposals are required to aid the City during evaluation and award recommendations for this bid. Scenarios, similar in nature to the scopes of services, are provided to prepare cost estimates and represent hypothetical situations that require asphalt and sidewalk rehabilitation. • Contractor(s)shall prepare the scenario proposals based on unit pricing submitted to the City in response to Bid No. PWE22-008 Asphalt and Sidewalk Rehabilitation. a. Input the Cost Estimate Proposals into Boynton-beach.bidsandtenders.net where indicated; b. Identify the line items utilized to develop the proposal; c.Call out the item verbatim in the proposal within the Boynton-beach.bidsandtenders.net City's e-procurement bidding system. • The Cost Estimate Proposals unit pricing shall not deviate from the pricing submitted in response to this bid. • All instructions and requirements described in the Bid Documents apply to the Cost Estimate Proposals. PWE22-008 Asphalt and Sidewalk Rehabilitation 89 APPENDIX "A THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 90 0 BID FORM ASPHALT AND SIDEWALK REHABILITATION BID No.: PWE22-008 'TO BE COMPLETED AND UPLOADED ONLINE The City of Boynton Beach is seeking the services of a maximum of two(2)qualified Contractors to furnish, install and provide all labor to complete ASPHALT AND SIDEWALK REHABILITATION. The work under this Bid consists of but is not limited to providing road resurfacings, general road construction, asphalt pavement, roadway repair, guardrail work, sidewalks, sodding, roadway striping, earthwork construction, and other incidental work associated with asphalt and sidewalk rehabilitation, on an as-needed basis per specifications. Submitted By: Date: (BIDDER) To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted,to enter into a contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10)days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including all addenda. Receipt of all of which is hereby acknowledged; b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect the cost, progress, performance, or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors, or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the specifications listed. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 5. Communications concerning this Bid shall be as follows: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 91 Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 6. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this day of 20 a. (If an individual, partnership, or non-incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 92 Page 627 _X nAJ PROPOSER'S QUALIFICATION STATEMENT TO BE COMPLETED AND UPLOADED 0Nt.INE, The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Check One Submitted By: Corporation Name: Partnership Address: Individual City, State, Zip: Other Telephone No.: Email Address.: 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: a. Date of Incorporation: b. State of Incorporation: C. President's name: d. Vice President's name: e. Secretary's name: f. Treasurer's name: g. Name and address of Resident Agent: 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 93 Page 628 of 944 4. What is the last project of this nature that you have completed? 5. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 6. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 7. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 5. Have you ever failed to complete work awarded to you. If so, when, where, and why? 6. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 7. Indicate registration, License Numbers, or Certificate Numbers for the business or professions,which are the subject of this Bid.Attach Certificate of Competency and or State Registration. 8. Will you sublet any part of this WORK? If so, give details. 9. State the name and address of the Attorney, if any, for the business. 10. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%)of the Bidder's business and indicate the percentage owned of each such business and/or individual: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 94 Page 629 of Q4A 11. State the names, addresses, and the type of business of all firms that are partially or wholly owned by the bidder: 12. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 13. What will be your turnaround time for written responses to the City's inquires? 14. Is the financial statement submitted with your bid (if applicable)for the identical organization name for Question #1? YES a NO u 15. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent-subsidiary). 16. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries, or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 17. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Bidder 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 in which the dispute arose, and a description of the subject matter of the dispute. 18. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in detail the circumstances and prospects for resolution. 19. Bank References (include name,job title, address, and telephone number of contact person)— Minimum 1 20. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non-Governmental Related Work Total Work(a +b): Services Revenue Index Number 1. Less than $100,000 2. 1 $100,000 to less than $250,000 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 95 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. 1 $50 million or greater 21. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 22. Provide a description of quality assurance/quality control management methods. The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and holds them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. (Signed) (Title) Subscribed and sworn to before me This day of 12022 Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 96 Page 6311 Of 9.44 4 �v 1 W ANTI-KICKBACK AFFIDAVIT TO BE COMPLETED AND UPLOADED ONLINE. 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 2022 Printed Information: NAME TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 97 0 NON-COLLUSION AFFIDAVIT OF PROPOSER TO BE COMPLETED AND UPLOADED ONLINE. State of ) County of ) being first duly sworn, deposes and says that: 1) He is of , the proposer that (Title) (Name of Corporation or Integrator) has submitted the attached BID: 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) (Title) Subscribed and sworn to before me This day of 20 Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 98 .ice — c v , M CERTIFICATION PURSUANT TO FLORIDA STATUTE§287.135 TO BE COMPLETED AND UPLOADED C7Nt.INE, 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. 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 THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 99 have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME TITLE DATE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 100 .ice — c v , M WARRANTIES TO BE COMPLETED AND UPLOADED ONLINE In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 101 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this_day of ' 2022. (SEAL) CONTRACTOR: By ATTEST: Secretary THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 102 CITY OF BOYNTON BEACH E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE COMPLETED AND UPLOADED ONLINE. Project Name: ASPHALT AND SIDEWALK REHABILITATION Solicitation No.: PWE22-008 1. Definitions: "Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor"means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E-Verify system"means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with,or subcontract with, THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 104 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s.448.095(2)Fla.Stat.,shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a)or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of I , by on behalf of He/she is personally known to me or has produced as identification. NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) Title or Rank Serial number, if any THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE PWE22-008 Asphalt and Sidewalk Rehabilitation 105 F 1 ASPHALT AND SIDEWALK REHABILITATION BID No.: PWE22-008 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA REVISED TO BE ENTERED INTO BIDDING SITE ONLINE The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type, and grade of service required. The undersigned proposes to deliver the service in accordance with the specifications for "ASPHALT AND SIDEWALK REHABILITATION". ITEM DESCRIPTION UNIT EST UNIT TOTAL NO QTY PRICE 1 Furnish and Install Steel Traffic Plates for 12-ft wide EA 1 Traffic Lane-daily rate $ - 2 Furnish and Install Steel Traffic Plates for 12-ft wide EA 1 Traffic Lane-weekly rate $ - 3 Type I Barricade per FDOT Standard Index No. 102- EA 1 600— Provide for project duration up to 14 days $ - 4 Type I Barricade per FDOT Standard Index No. 102- EA 1 600— Provide for project duration up to 30 days $ - 5 Type II Barricade per FDOT Standard Index No. 102- EA 1 600— Provide for project duration up to 14 days $ - 6 Type II Barricade per FDOT Standard Index No. 102- EA 1 600— Provide for project duration up to 30 days $ - 7 Type III Barricade per FDOT Standard Index No. 102- EA 1 600— Provide for project duration up to 14 days $ - 8 Type III Barricade per FDOT Standard Index No. 102- EA 1 600— Provide for project duration up to 30 days $ - 9 Furnish and Install Temporary Concrete Barrier Wall - LF 1 $ - Provide for project duration up to 14 days 10 Furnish and Install Temporary Concrete Barrier Wall - LF 1 $ - Provide for project duration up to 30 days Furnish and Install Temporary Plastic(water filled) 11 Barrier Wall, 42" High— Provide for project duration up LF 1 to 14days $ - Furnish and Install Temporary Plastic(water filled) 12 Barrier Wall, 42" High— Provide for project duration up LF 1 to 30 days $ - 13 Portable 6 KW Tower Light (including power source as EA 1 required)—daily rate $ - 14 Portable 6 KW Tower Light (including power source as EA 1 required)—weekly rate $ - PWE22-008 Asphalt and Sidewalk Rehabilitation 106 15 Portable 6 KW Tower Light (including power source as EA 1 required)— month) rate $ - 16 Portable Changeable Message Sin (PCMS) ED 1 $ - 17 Portable Advance Warning Arrow Panel ED 1 $ - Furnish and Install Temporary Low Profile Barrier- 18 FDOT Std Index No. 102-120 Provide for project duration up to 14 days LF 1 $ - Furnish and Install Temporary Low Profile Barrier- 19 FDOT Std Index No. 102-120 Provide for project duration up to 30 days LF 1 $ - 20 MOT Certified Flagman per person HR 1 $ - 21 Clearing and Grubbing Greater than 1 Acre AC 1 $ - 22 Clearing and Grubbing Smaller than 1 Acre AC 1 $ - 23 Remove and Dispose of Unsuitable Material CY 1 $ - 24 Import Suitable Fill Material - In-Place CY 1 $ - 25 Staked Silt Fence LF 1 $ - 26 Straw Bales 18X18X36 EA 1 $ - 27 Sod, Bahia SY 1 $ - 28 Sod, Floritam SY 1 $ - 29 Floabidity Barrier LF 1 $ - 30 Synthetic Turf(Forever Lawn or Equal)w/2.5" Foam SY 1 $ - Underla ment Furnish & Install 31 To Soil 6" TH. SY 1 $ - 32 Stump Grinding EA 1 $ - 33 Stump Removal EA 1 $ - 34 Tree Removal Less than 12" Caliper EA 1 $ - 35 Tree Removal Less than 24" Cali er EA 1 $ - 36 Tree Removal Palms-All Sizes EA 1 $ - 37 Root Pruning 0"-36" Dee Less than 1 'h" Dia. LF 1 $ - 38 Root Pruning (0"-36" Deep) (Greater than 1 'h" Dia.) LF 1 $ - 39 Root Barrier-18" DP LF 1 $ - 40 Root Barrier-24" DP LF 1 $ - 41 Root Barrier-36" DP LF 1 $ - 42 Vegetation Relocation (Including Temp Watering) LF 1 $ - Tree Protection & Preservation -FDOT Standard Index 43 110-100 EA 1 $ - 44 Tree Protection & Preservation Grouping of Trees- EA 1 $ - FDOT Standard Index 110-100 45 Limerock Delivered Minimum 5 TN Assignment) TN 1 $ - 46 12" Stabilized Sub rade Minimum Ibr of 40 SY 1 $ 47 4" Limerock Base (Minimum Ibr of 100), including SY 1 Prime Coat $ - 48 6" Limerock Base (Minimum Ibr of 100), including SY 1 Prime Coat $ - 49 8" Limerock Base (Minimum Ibr of 100), including SY 1 $ - Prime Coat PWE22-008 Asphalt and Sidewalk Rehabilitation 107 50 Each Additional 1" Limerock Base (Mimimum Ibr of SY 1 $ 100), including prime Coat 51 Each Additional 2" Limerock Base (Minimum Ibr of SY 1 $ 100), including Prime Coat 52 Swale Grading (Including Clearing, Grading &Sod SY 1 $ - Replacement 53 Premium Sealcoat (up to 5,000 sf SF 1 $ 54 Premium Sealcoat 5,000 sf— 10,000 sf SF 1 $ - 55 Premium Sealcoat 10,000 sf—20,000 sf SF 1 $ 56 Premium Sealcoat 20,000 sf—50,000 sf SF 1 $ 57 Premium Sealcoat 50,000 sf orgreater) SF 1 $ 3/4"Type S-III Asphaltic Concrete Place by Paving 58 Machine, including Prime, Tack Material &Compaction TON 1 0 ton to 10-ton Assignments) $ - 3/4"Type S-III Asphaltic Concrete Place by Paving 59 Machine, including Prime, Tack Material &Compaction TON 1 11 ton to 50-ton Assignments) $ - 3/4"Type S-III Asphaltic Concrete Place by Paving 60 Machine, including Prime, Tack Material &Compaction TON 1 51 ton to 150-ton Assignments) $ - 3/4"Type S-III Asphaltic Concrete Place by Paving 61 Machine, including Prime, Tack Material &Compaction TON 1 151 ton to 499-ton Assignments) $ - 3/4"Type S-III Asphaltic Concrete Place by Paving 62 Machine, including Prime/Tack Material & Compaction TON 1 500 ton or greater Assignments) $ - 1"Type S-III Asphaltic Concrete Place by Paving 63 Machine, including Prime/Tack Material & Compaction TON 1 0 ton to 10-ton Assignments) $ - 1"Type S-III Asphaltic Concrete Place by Paving 64 Machine, including Prime/Tack Material & Compaction TON 1 11 ton to 50-ton Assignments) $ - 1"Type S-III Asphaltic Concrete Place by Paving 65 Machine, including Prime/Tack Material & Compaction TON 1 51 ton to 150-ton Assignments) $ - 1"Type S-III Asphaltic Concrete Place by Paving 66 Machine, including Prime/Tack Material & Compaction TON 1 151 ton to 499-ton Assignments) $ - 1"Type S-III Asphaltic Concrete place by Paving 67 Machine, including Prime/Tack Material & Compaction TON 1 500 ton or Greater Assignments) $ - 1 1/2"Type S-III Asphaltic Concrete (1 Lift) Place by 68 Paving Machine, including Tack Material &Compaction TON 1 0 ton to 10-ton Assignments) $ - 1 1/2"Type S-III Asphaltic Concrete (1 Lift) Place by 69 Paving Machine, including Tack Material &Compaction TON 1 10 ton to 50-ton Assignments) $ - 1 1/2"Type S-III Asphaltic Concrete (1 Lift) Place by 70 Paving Machine, including Tack Material &Compaction TON 1 51 ton to 150-ton Assignments) $ - 1 1/2"Type S-III Asphaltic Concrete (1 Lift) Place by 71 Paving Machine, including Tack Material &Compaction TON 1 151 ton to 499-ton Assignments) $ - 1 1/2"Type S-III Asphaltic Concrete (1 Lift) Place by 72 Paving Machine, including Tack Material &Compaction TON 1 500 or Greater Assignments) $ - PWE22-008 Asphalt and Sidewalk Rehabilitation 108 1 1/2"Type S-III Asphaltic Concrete (2ea.-3/4" Lifts) 73 Place by Paving machine, including Tack Material & TON 1 compaction 0 ton to 10-ton Assignments) $ - 1 1/2"Type S-III Asphaltic Concrete (2ea.-3/4" Lifts) 74 Place by Paving Machine, including Tack Material & TON 1 Com action 11 ton to 50-ton Assignments) $ - 1 1/2"Type S-III Asphaltic Concrete (2ea.-3/4" Lifts) 75 Place by Paving Machine, including Tack Material & TON 1 Com action 51 ton to 150-ton Assignments) $ - 1 1/2"Type S-III Asphaltic Concrete (2ea.-3/4" Lifts) 76 Place by Paving Machine, including Tack Material & TON 1 Com action 151 ton to 499-ton Assignments) $ - 1 1/2"Type S-III Asphaltic Concrete (2ea.-3/4" Lifts) 77 Place by Paving Machine, including Tack Material & TON 1 Compaction 500 or Greater Assignments) $ - Each Additional 1/2" Type S-III Asphaltic Concrete 78 Place by Paving Machine, including Tack Material & TON 1 Compaction 0 ton to 10-ton Assignments) $ - Each Additional 1/2" Type S-III Asphaltic Concrete 79 Place by Paving Machine, including Tack Material & TON 1 Compaction 10 ton to 50-ton Assignments) $ - Each Additional 1/2" Type S-III Asphaltic Concrete 80 Place by Paving Machine, including Tack Material & TON 1 Compaction 51 ton to 150-ton Assignments) $ - Each Additional 1/2" Type S-III Asphaltic Concrete 81 Place by Paving Machine, including Tack Material & TON 1 Compaction 151 ton to 499-ton Assignments) $ - Each Additional 1/2" Type S-III Asphaltic Concrete 82 Place by Paving Machine, including Tack Material & TON 1 Compaction 500 ton or Greater Assignments) $ - 83 Asphalt SP-9.5 Asphaltic Concrete Hot Mix, Plant pick TON 1 up by City during normal batching operations $ - 1/2"Average thickness- Roadway Milling, including 84 Mobilization, MOT &All Incidental Work&Equipment SY 1 to include hauling off, stockpiling, or otherwise disposing of material. $ - 3/4"Average thickness- Roadway Milling, including 85 Mobilization, MOT &All Incidental Work&Equipment SY 1 to include hauling off, stockpiling, or otherwise disposing of material. $ - 1"Average thickness- Roadway Milling, including 86 Mobilization, MOT &All Incidental Work&Equipment SY 1 to include hauling off, stockpiling, or otherwise disposing of material. $ - 1 1/4"Average thickness- Roadway Milling, including 87 Mobilization, MOT &All Incidental Work&Equipment SY 1 to include hauling off, stockpiling, or otherwise disposinq of material. $ - 1 1/2"Average thickness- Roadway Milling, including 88 Mobilization, MOT &All Incidental Work&Equipment SY 1 to include hauling off, stockpiling, or otherwise disposing of material. $ - 2"Average thickness- Roadway Milling, including 89 Mobilization, MOT &All Incidental Work&Equipment SY 1 to include hauling off, stockpiling, or otherwise disposinq of material. $ - PWE22-008 Asphalt and Sidewalk Rehabilitation 109 3"Average thickness- Roadway Milling, including 90 Mobilization, MOT &All Incidental Work&Equipment SY 1 to include hauling off, stockpiling, or otherwise disposing of material. $ Each Additional 1"of Average thickness- Roadway 91 Milling, including Mobilization, MOT &All Incidental SY 1 Work& Equipment to haul off, stockpiling, or otherwise disposing of material $ - 92 4ft wide and 6in thick Shell Rock Shoulder Installed LF 1 Flush with Edge of Pavement includes excavations $ - 93 Sawcut, Remove and Replace 1.5"of Asphalt (Two SY 1 lifts) $ - 94 Each additional 1" of Sawcut, Remove and SY 1 Replacement of Asphalt. $ - 95 Sawcut, Remove and Replace 8 ft wide Asphalt Path LF 1 $ _ 96 Sawcut, Remove and Replace 6 ft wide Asphalt Path LF 1 $ - 97 Speed Hump (CBB std Det. P-26 EA 1 $ 98 Seed Table (CBB std Det. P-30 EA 1 $ 99 Pump Mix for Concrete Pumping CY 1 $ 100 Pumping or Hand Placement of Concrete 1/2 Da EA 1 $ _ 101 Pumping or Hand Placement of Concrete 1 Da EA 1 $ _ 102 Thermo Plastic Yellow Solid 6" LF 1 $ - 103 Thermo Plastic White Solid 6" LF 1 $ - 104 Thermo Plastic Yellow Solid 8" LF 1 $ - 105 Thermo Plastic White Solid 8" LF 1 $ - 106 Thermo Plastic Yellow Solid 10" LF 1 $ - 107 Thermo Plastic White Solid 10" LF 1 $ - 108 Thermo Plastic White Solid 12" LF 1 $ - 109 Thermo Plastic White Solid 18" LF 1 $ - 110 Thermo Plastic Yellow Solid 18" LF 1 $ - 111 Thermo Plastic White Solid 24" LF 1 $ - 112 Thermo Plastic Arrows 8ft high EA 1 $ - 113 Thermo Plastic Arrows 1 part EA 1 $ - 114 Thermo Plastic Stencil "RR" at Railroad Crossings)— EA 1 $ - 115 Thermo Plastic Stencil "SCHOOL" 8ft high) EA 1 $ - 116 Thermo Plastic Stencil "MERGE" EA 1 $ - 117 Thermo Plastic Stencil "Arrow" in Bicycle Lane EA 1 $ - 118 Thermo Plastic (Handicap s mbol EA 1 $ - 119 Thermo Plastic Stencil "Diamond" in Bicycle Lane EA 1 $ - 120 Thermo Plastic Stencil "ONLY" 8ft high) EA 1 $ - Retro-Reflective Pavement Markers-Y/Y (remove and 121 replace) EA 1 $ - Retro-Reflective Pavement Markers-W/R(remove 122 and re lace) EA 1 $ - 123 Single Post Sin up to 36" x 36" EA 1 $ - 124 Single Post, two signs (up to 36"x 36" EA 1 $ - 125 Dbl Post Sign W1-6, W1-7 EA 1 $ - 126 Single Post- Case 2 EA 1 $ - PWE22-008 Asphalt and Sidewalk Rehabilitation 110 Furnish & Install Street Sign (per CBB Std detail-NO 127 POST) EA 1 $ - Remove Existing Thermoplastic Pavement Markings 128 H droblast LF 1 $ - 129 Traffic Paint all widths, all colors SF 1 $ - 130 FODT Index 304 ADA Ramp with Detectable Warning) LF 1 $ - Removal of Concrete Curb "Type D" (Minimum 131 Assignments of 50 LF) LF 1 $ - Concrete Curb "Type D" (Minimum Assignments of 50 132 LF) LF 1 $ - Removal of Concrete Curb "Type F" (Minimum 133 Assignment of 50 LF) LF 1 $ - Concrete Curb "Type D" (Minimum Assignments of 50 134 LF) LF 1 $ - Removal of Valley Gutter Curb (Minimum Assignments 135 of 50 LF) LF 1 $ - 136 Valley Gutter Curb Minimum Assignments of 50 LF LF 1 $ - Removal of 12" Concrete Header Curb (Minimum 137 Assignment of 50 LF) LF 1 $ - 12" Concrete Header Curb (Minimum Assignments of 138 50 LF) LF 1 $ - Removal of Concrete Mountable Gutter-FDOT Type A 139 Minimum Assignments of 50 LF LF 1 $ - Concrete Mountable Gutter Type A(Minimum 140 Assignment of 50 LF) LF 1 $ - Concrete, 4"thick Concrete Sidewalk including Formwork, Sod Removal & Disposal (20 to 100 SY SF 1 $ - 141 Assignments) 3000 PSI W/Fiber Concrete, 4"thick Concrete Sidewalk including Formwork, Sod Removal & Disposal (Over 100 SY SF 1 $ - 142 Assignments) 3000 PSI W/Fiber Concrete, 6"thick Concrete Sidewalk including Formwork, Sod Removal & Disposal (20 to 100 SY SF 1 $ - 143 Assignments) 3000 PSI W/Fiber Concrete, 6"thick Concrete Sidewalk including Formwork, Sod Removal & Disposal (Over 100 SY SF 1 $ - 144 Assignments) 3000 PSI W/Fiber Sawcut, Remove and Replace 4ft wide Concrete SF 1 $ - 145 Sidewalk 4"thick Sawcut, Remove and Replace 4ft wide Concrete SF 1 $ - 146 Sidewalk 6"thick 147 ADA Detectable Warnings EA 1 $ - 148 Sawcut, Remove and Replace 12" Header Curb LF 1 $ - Sawcut and Remove 6 ft Asphalt Path and Base and SF 1 $ - 149 Replace with 4"thick Concrete Sidewalk Sawcut and Remove 8 ft Asphalt Path and Base and SF 1 $ - 150 Replace with 4"thick Concrete Sidewalk 151 Concrete Removal SF 1 $ - Is Adjust Manholes with Steel Adj. — Riser Rings (1/2" EA 1 $ - 115273/4") 153 Adjust Manholes with Steel Adj. — Riser Rings 1"-1 '/" EA 1 $ - PWE22-008 Asphalt and Sidewalk Rehabilitation 111 154 Adjust Valve Boxes with Riser Rings EA 1 $ - 155 Valve Box Furnish & Install EA 1 $ - Remove existing Type C inlet grate and replace with EA 1 $ - 156 bicycle grate Minimum 5 per assignment) 157 Pull Box H2O Traffic)-Fu rn ish & Install EA 1 $ - 158 Pressure Cleaning DAY 1 $ - 159 Sandblasting - 1/2 Day EA 1 $ - 160 Sandblasting - Full Day EA 1 $ - Aluminum Pipe Handrail (3 Rail) (21'-22' FDOT Index LF 1 $ - 161 ref. 515-062 Aluminum Pipe Handrail (3 Rail) (21'-22' FDOT Index LF 1 $ - 162 ref. 515-062 163 Steel Bollard (CBB std Det. G-1 EA 1 $ - 164 HDPE Bollard (4" or 5" Dia. — up to 48" H) EA 1 $ - 165 Removeable Bollard EA 1 $ - 166 Wheel Stops-Furnish & Install EA 1 $ - 167 Wheel Stops- Remove & Re-Install EA 1 $ - 168 Paver Brick SY 1 $ - 169 Remove Paver Brick SY 1 $ - 170 Reset Paver Brick SY 1 $ - 171 Reset Mailbox EA 1 $ - Furnish & Install Traffic Delineator(Surface Mount EA 1 $ - 172 Channelizer Post 173 Furnish & Install Speed Cushion EA 1 $ - 174 Temporary Speed Hump HDPE/PPE or Equal EA 1 $ - 175 Asphalt Core Sample EA 1 $ - Concrete Core Sample &Compressive Strength EA 1 $ - 176 Testis Concrete Cylinder Compressive Strength Testing (Set EA 1 $ - 177 of 6 Pavement Analysis Testing (refer to Technical Specifications Section 1400) (Single Road Segment<1 EA 1 $ - 178 Mile, 2-4 Sample Locations Pavement Analysis Testing (refer to Technical Specifications Section 1400) (Multiple Road Segments, EA 1 $ - 179 1-3 Miles, 5-7 Sample Locations Pavement Analysis Testing (refer to Technical Specifications Section 1400) (Multiple Road Segments, EA 1 $ - 180 >3 Miles, 8-12 Sample Locations *Award of Contract will be based on the Total Bid Price of the Cost Estimate Proposal Scenario* PWE22-008 Asphalt and Sidewalk Rehabilitation 112 p { t 9 ASPHALT AND SIDEWALK REHABILITATION COST ESTIMATE PROPOSALS SCENARIO TO BE ENTERED INTO BIDDING SITE ONLINE PLEASE PREPARE YOUR COST ESTIMATE PROPOSALS FOR EACH SCENARIO PRESENTED BELOW BY USING THE PRICING SUBMITTED ON YOUR SCHEDULE OF BID ITEMS (Pages 104-110). SEE ATTACHMENT A: Site Exhibit— Pavement Resurfacing Pg 1.pdf Site Exhibit- Pavement Resurfacing Pg 2.pdf Site Exhibit— Pavement Resurfacing Pg 3.pdf ❖ Proiect Scope -Site Exhibit—Pavement Resurfacina Pa 1.0ft On NE 1St Way, NE 201h Avenue, and NE 21St Avenue: • 1 1/2" Mill of Existing Asphalt & Resurface w/ 1 1/2"Type S-III Asphaltic Concrete as shown in highlighted segments • On NE 21st Ave perform edge repair at two (2) locations. 6" compacted limerock (6" beyond EOP). • Install Two (2) R1-1 Stop Sign, 12ft of 24" Solid White Stop Bar, 20 LF of 6" Double Yellow stripes and 6 RPM's *NOTE* Replace All Pavement Marking & RPMs w/Thermo Plastic in accordance w/ PB Co. Stds TP-17 ❖ Proiect Scope Site Exhibit- Pavement Resurfacina Pa 2.odf: On NE 20th Avenue: • 1 1/2" Mill of Existing Asphalt & Resurface w/ 1 1/2"Type S-III Asphaltic Concrete as shown in highlighted segments • Two (2)edge of road repairs. Install compacted limerock (6" beyond EOP) • Install R1-1 Stop Sign, 12ft of 24" Solid White Stop Bar, 20 LF of 6" Double Yellow stripes and 6 RPM's *NOTE* Replace All Pavement Marking & RPMs w/Thermo Plastic in accordance w/PB Co. Stds TP-17 ❖ Proiect Scope Site Exhibit— Pavement Resurfacina Pa 3.odf: • On NE 20th Ave install three (3)4'x12' (4"thick) sidewalks with Detectable Warning Mats (PER FDOT Index 304, TYP). • On NE 1st Ct, install 225 LF of 4' sidewalk (4"thick) and 10 LF of 4'wide Sidewalk (4"thick) with two (2) Detectable Warning Mats. • Sawcut and remove 3ft x 22ft of existing asphalt and replace with Floritam Sod. PWE22-008 Asphalt and Sidewalk Rehabilitation 113 COST ESTIMATE PROPOSALS SCENARIO NE 1St WAY,20th AVENUE NE AND 21St AVENUE RESURFACING ITEM NO DESCRIPTION UNIT QTY UNIT PRICE Item 16 Portable Changeable Message Sign (Message EA/DAY 14 $ - $ - Boards Item 20 MOT Certified Flagman (Flagging Personnel) HR 112 $ - $ - SUB-TOTAL $MENEM 111M M Em - Item 23 Remove & Dispose of Unsuitable Material CY 7.1 $ - $ - Item 46 12" Stablized Subgrade SY 71.2 $ - $ - Item 48 6" Limerock Base-Including Primecoat SY 35.6 $ - $ - SUB-TOTAL $ - Item 86 1"Asphalt Milling SY 7911 $ - $ - Item 84 1/2"Asphalt Milling SY 7911 $ - $ - Item 66 1"Type S-III Asphaltic Concrete—Asphalt Paving TN 443 $ - $ - 1"As halt Paving) Item 81 1/2" Type S-III Asphaltic Concrete— (1/2"Asphalt TN 221.5 $ - $ - Paving) SUB-TOTAL $ - Item 111 Thermo Plastic White Solid 24" LF 36 $ - $ - Item 102 Thermo Plastic Yellow Solid 6" LF 120 $ - $ - Item 121 Retro-Reflective Pavement Markers—Y/Y remove EA 18 $ - $ and re lace (RPM's Am er/Amber SUB-TOTAL $ - Item 3 Type I Barricade per FDOT Standard EA 40 $ - $ - Item 28 Sod, Floritam SY 7.33 $ - $ - Item 93 Sawcut, Remove and Replace 1 'h"Asphalt SY 7.33 $ - $ - Item 142 Concrete, 4"thick Concrete Sidewalk including SF 1283 $ - $ - Formwork, Sod Removal & Disposal (Over 100 SY Assi nments) (3000 PSI W/Fiber Item 145 Sawcut, Remove and Replace 4ft wide Concrete SF 308 $ - $ - Sidewalk 4"thick Item 147 ADA Detectable Warnings EA 3 $ - $ - SUB-TOTAL $ - TOTAL $0.00 *Award of Contract will be based on the Total Bid Price of the Cost Estimate Proposal Scenario* *NOTE: Item quantities are normally NOT provided with the exhibit and are provided in this sheet for illustrative purposes only. PWE22-008 Asphalt and Sidewalk Rehabilitation 114 4 ,IV` q;, "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as"the City", and TBD, hereinafter referred to as"Vendor", in consideration of the mutual benefits,terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide asphalt and sidewalk rehabilitation, on an as-needed basis per specifications. 2. SCOPE OF SERVICES. The vendor agrees to perform road resurfacings, general road construction, asphalt pavement, roadway repair, guardrail work, sidewalks, sodding, roadway striping, earthwork construction, and other incidental work associated with asphalt and sidewalk rehabilitation, located throughout the City of Boynton Beach, including the provision of all labor, materials, equipment, and supplies. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. The vendor shall perform all services and provide all work products required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of three (3) year, commencing on February 25, 2022 through February 24, 2025. The City reserves the right to renew the agreement for two (2) one-year renewals subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City.An increase in the cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. 5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by the Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to the Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. b. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. C. Final payment of any balance due to the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. e. The Vendor'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. PWE22-008 Asphalt and Sidewalk Rehabilitation C-1 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications, and other materials produced by the Vendor 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. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. The vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida, and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees,from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of$1,000,000 per occurrence to$2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15)days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor 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 Vendor nor any employee of Vendor 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 Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, 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. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. PWE22-008 Asphalt and Sidewalk Rehabilitation C-2 —Z nAJ 14. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 15. NON-WAIVER. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 16. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving thirty(30)days'written notice to the Vendor. b. In the event of the death of a member, partner, or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City if the City so chooses. 17. DISPUTES. Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 18. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to the Vendor shall be sent to the following address: 19. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm 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 Firm. 20. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such PWE22-008 Asphalt and Sidewalk Rehabilitation C-3 confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 21. SCRUTINIZED COMPANIES-287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. The contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract.The City shall provide notice, in writing,to the Contractor of the City's determination concerning the false certification.The contractor shall have five(5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 22. E-VERIFY 22.1 Contractor 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 hereinbelow. 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 a 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 a salary, wages, or other remuneration. PWE22-008 Asphalt and Sidewalk Rehabilitation C-4 "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. 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-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E- Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK PWE22-008 Asphalt and Sidewalk Rehabilitation C-5 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. DATED this day of 2022. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name Approved as to Form: James A. Cherof, City Attorney Attested/Authenticated: Crystal Gibson City Clerk PWE22-008 Asphalt and Sidewalk Rehabilitation C-6 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 contractor 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 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 ---------------------------------------------------------------------------------------------------------------------------------------------------- Fxcess 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 $ 300,000.00 Builder's Risk Limits based on Project Cost Installation Floater Limits based on Project Cost ---------------------------------------------------------------------------------------------------------------------------------------------------- Other-As Risk Identified to be determined ----------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCEADVISORYFORM Revised 04/2021 Insurance Advisory Form ATTACHMENT "A " COST ESTIMA TE PROPOSAL ASPHALT AND SIDEWALK REHABILI TA TION BID #PWE22-008 n t ` `\ n 1 1 i SITE EXHIBIT MILLING PAVING AND NEW CONCRETE SIDEWALK C Sl 0 IL Bpi a Bpi ,< 52' w CS co Q.5 z CL Cts � <<®5 IL C a� �';�U) -r; N Kt7 r^ i ta1J t• "a�5 t.1.1 to Ct _ h CL�,..� "#: '�'§' ✓ro" cl C.a t'ts ,, L" 7 i R', ID ®i5 Lli "q— ,,i rt5 t— rt5 ry to R' 0 � %5 � ' &,� R',� > t®YC LL `t G c — d Q � � a � 2w LL M W W Z 3 t Y r # W *y ui t ui Lu LO us r.a J n CCr U # m �y t tis v O G r ti r t1- '�}2� r � t 4 r � l sig � t t r CL o m LU CL LU 13 21 u _ IL CL ts. W {{ co LL 10 Sia " dk _ &k Ml � o � - .-., IL Cl 7 ICL L a " co c <'S y,,, a n{ u_ c N ui ui ui z cry rn v rn 0 co LO m m a I Gts � 3 Cr3 tis � ~Cf {is p W "{ Z ��'•a rte � .... Q.5 uJ {n C n A! r.(t ri U- a' z w O m C ca a od a� s 0 �x } srt s} tis �tts — �fn LL in Lo '" &R: CO r, m � u} r(j CY CS Ng 0 m `"� ,�7ttS rrC't RCS �Y m,� •a"° .a"° m r w {1 CL C: � ` C m 0 In U U) 4S' � fir. Lli q P zaE } Lli 52 � � s LO nt W co uj a t3 '� ` � R i'� s `•�t�'�V �3�{45S%r��}�` 1 �$ lel R`�tyS�$S� '�,��} -� 't »SUR ,i a_ i _ �,�r � s(U Cj vT C'n tt5 C" s tt3 E Cl) i4 s' ft 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 `ry Telephone: (561) 742-6310 ADDENDUM No. 1 Date: February 7, 2022 Bid No.: PWE22-008 Bid Title.: Asphalt and Sidewalk Rehabilitation This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in strike through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. CLOSING DATE CHANGED- FEBRUARY 18 H GFF R , 2022 2.30 PIS *PLEASE NOTE* ADDENDUM NO. 2 WILL BE FORTHCOMING Question 1: Is a bid bond required? if so, what amount? Answer 1: No Question 2: Will a pre-bid conference be held? if so, when/where? Answer 2: No Question 3: Is there a full set of plans available? if so, how can we get a set? Answer 3: Project from the City will vary in size and scope. The City will initiate a project by sending the Vendor a sketch of what is required (See Attachment A) and request a proposal. The vendor will Addendum No. 1 Asphalt and Sidewalk Rehabilitation 1 Page 660 of 949 then be responsible to provided a proposal for the project that identifies each of the Bid Items, the needed Quantities, and the Cost of the Bid Item. Question 4: What is the engineer estimate? Answer 4: There is no engineering estimate. The intent of the Bid is to established line item pricing for asphalt, sidewalk rehabilitation and associated worked that will be assigned on an as-needed basis. Question 5: It appears the license requirement for the subject project is a General Contractor's license. Will the City of Boynton revise the license requirement to include a Palm Beach County Certificate of Competency? Answer 5: No Question 6: Item 155 pressure cleaning, is a per day rate? Answer 6: Yes, this item is for a full day of pressure cleaning Question 7: In section 2.17.A - Asphalt Paving calls for a mix design of less than 30% Reclaimed Asphalt Pavement (R.A.P). Palm Beach County adheres to FDOT specifications which allows for a higher R.A.P. percentage (40%) in the mixes that are used, which is a considerable cost savings. Please confirm whether a 40% R.A.P. mix is acceptable. Answer 7: 234-2.2 Reclaimed Asphalt Pavement (RAP): RAP may be used as a component material of the asphalt mixture provided the requirements of 334-2.3 are met. 334-2.3.1 General requirements: RAP may be used as a component of the asphalt mixture subject to the following requirements: 1.When using a PG 76-22 asphalt binder in friction course mixtures, limit the amount of RAP material used in the mix to a maximum of 20%by weight of total aggregate. As an exception, amounts greater than 20% RAP by weight of total aggregate can be used if no more than 20% by weight of the total asphalt binder comes from the RAP material. When using a 288 January 2022 PG 76-22 asphalt binder in structural course mixtures, refer to 334-2.3.6. RAP is not allowed in mixtures containing High Polymer asphalt binder. High Polymer asphalt is defined in Section 916. 2. Assume full responsibility for the design, production and construction of asphalt mixes which incorporate RAP as a component material. 3. Use RAP from a Department approved stockpile or millings from a Department project. 4. Provide stockpiled RAP material that is reasonably consistent in characteristics and contains no aggregate particles which are soft or conglomerates of fines. 5. Provide RAP material having a minimum average asphalt binder content of 4.0% by weight of RAP. As an exception, when using fractionated RAP, the minimum average asphalt binder content for the coarse portion of the RAP shall be 2.5% by weight of the coarse portion of the RAP. The coarse portion of the RAP shall be the portion of the RAP retained on the No. 4 sieve. The Engineer may sample the stockpiles to verify that this requirement is met Question 8: In Article 5 Bonds & Insurance - Section 5.11 specifies that Payment & Performance bonds are required 100% of the contract price for all purchase orders. Are we required to submit a bond for a certain amount at time of bid for this contract or is a P&P bond required at the issuance of each purchase order under issued under this? Answer 8: The projects value will vary from very small to$500,000. We are requesting a $350,000 payment and performance bond. Addendum No. 1 Asphalt and Sidewalk Rehabilitation 2 Page 661 of 949 Question 9: Bid item # 160 &# 161 Steel Bollard & Removable Bollard - are these to be 6 in. or 8 in. diameter bollards? Also is there a specified height or depth that these are to adhere to? Answer 9: Installations shall conform to the City Standard Specifications shown in either the: • Utilities Engineering Design Handbook and Construction Standards (https://www.boynton-beach.org/water-utilities/new-construction), and • Engineering Design Handbook and Construction Standards for the City of Boynton Beach (https://www.boynton-beach.org/engineering/new-construction-department-public-works- engineering-division) The bollard detail is in the Engineering Details G-1 and G-2. (4" Ductile Iron or C-900 Pipe (3 ft above ground and set in concrete 2 ft below ground. Question 10: Bid item # 164 Paver Brick- please clarify the size, type &color of the brick pavers that are to be used. Also, please provide a description or detail of the subsurface that they are to be placed on. Answer 10: The City no longer installs new pavers. Any project that needs pavers would be the modification of an existing paver area. Most often the pavers will be salvaged from the job and re-used. The City has a small stockpile located at its Rolling Green Compound (located at 515 NW 14th Ct)where the vendor can collect the quantity pavers needed. The size and color of the bricks varies for each project. This line item shall be for 1" of sand and setting the pavers (pavers to be salvaged from the job or provided by City). The Base and Subgrade will be paid for separately. If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services Addendum No. 1 Asphalt and Sidewalk Rehabilitation 3 Page 662 of 949 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 `ry Telephone: (561) 742-6310 ADDENDUM No. 2 Date: February 11, 2022 Bid No.: PWE22-008 Bid Title.: Asphalt and Sidewalk Rehabilitation This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 2 shall govern. Words in strike through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. CLOSING DATE CHANGED- FEBRUARY 4, 2022 2.30 PM Question 1: Are bidders required to submit pricing for all bid items? Answer 1: Yes REVISIONS BID DOCUMENT REVISED: • Inclusion of Supplemental Conditions Page 89-90 • Revised Bid Proposal Page 106-112 • Inclusion of Cost Estimate Proposal Scenario Page 113-114 ATTACHMENT • Attachment A—Site Exhibit—Cost Estimate Pavement Resurfacing Pg.1- Pg.3 Aerial Plans If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services Addendum No.2 Asphalt and Sidewalk Rehabilitation 1 Page 663 of 949 7.B. Consent Bids and Purchases Over $100,000 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Approve an annual expenditure with A&Associates of West Palm Beach, FL in the amount of$150,000 for general laborers needed within various City departments piggybacking the City of Tampa's contract #11110320 for the period of the contract which expires on January 3, 2024. Explanation of Request: Piggybacking is a standard practice in procurement whereby government entities can utilize contracts already negotiated by other other government entities to exact the same terms and pricing from vendors for goods and services. The City's Purchasing Policy allows for the utilization of this method of procurement. Piggybacked contracts allow multiple government entities to benefit from competitively solicited bids, providing for better buying power and access to products. This method is encouraged when it is determined that it will provide the best product/service at the best price without compromising any of the specifications or quality desired. The City of Tampa's bid process satisfies the City's competitive bid requirements. The Solid Waste Division created an annual blanket in the with A&Associates for general laborers needed to assist with Solid Waste services using the City of Tampa's contract#11110320. Due to labor shortages and vacancies, the Division has been utilizing A&Associates to fill positions and assist to complete the solid waste routes. This request is for an annual expenditure of$150,000 to cover for the total yearly expenses to continue utilizing the general laborers when needed. How will this affect city programs or services? The increase will allow for continuity of services by requesting the assistance of the general laborers until vacancies are filled. Fiscal Impact: Budgeted funding is in Solid Waste account#431-2515-534-49-17 and possibly other divisions within the Public Works Department, such as Parks and Grounds, Facilities, and Streets. Alternatives: Require operators of sanitation trucks to assist in additional duties that would shift operational resources and cause delays in sanitation pickup times. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 664 of 949 Is this a grant? No Grant Amount: Contracts Vendor Name: A&Associates Start Date: 1/4/2020 End Date: 1/3/2024 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: The award period shall be for a one-year period from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for three additional one-year periods. Attachments: Type Description Contract Agenda Bock Up-A&Associates- Bid Documents Page 665 of 949 A A A&Associates, I c. "Quality In Everything A46 Doer January 5, 2021 City of Boynton Beach Attention: Adriannna Greco-Arencibia, Asst. Director Of Public Works/Solid Waste 222 NE 9th Avenue Boynton Beach, FL 33435 Subject: Letter of Authorization for Piggyback with the City of Boynton Beach Dear Adriannna Greco-Arencibia: Please accept this documentation as the Letter of Authorization giving permission to the City of Boynton Beach to piggyback the City of Tampa contract number 11110320 for Temporary Labor For McKay Bay Refuse-To-Energy Facility (Sheltered Market Solicitation). Please note the contract information below: • Contract Number: 11110320 • Contract Title:Temporary Labor For McKay Bay Refuse-To-Energy Facility(Sheltered Market Solicitation) • Contract Term:January 4, 2020 to January 3, 2024 We agree to honor all terms, conditions and pricing listed in the contract for this piggyback arrangement. If you should have a need for more information, please contact our office at 888-402-2950. With Kindest Regards, I Am, <a�L�jpc� Ms. Evelyn Looney r�srt h� ttrtar 951 Sansbury's Way,West Palm Beach,FL.33411 Phone-(561)533-5303—Fax: (561)533-3856 Assoc€attaffi n .co Page 666 of 949 �wPurchasing City of Tampa Gregory-0tl a Spearman, CPPO, Director 306 E.Jackson Street,2E r,. Jane Cwkr,MayorTampa, Florida 33602 Office(813) 274-8351 Fax: (813)274-8355 October 19, 202 INVITATION TO BID(SHELTERED MARKET Pursuant to Ordinance 2008-89, Equal Business Opportunity Act, this is a City of Tampa Sheltered MarketSolicitation for NQN- PROFESSIONAL SERVIM Pursuant to Chapter 69-1119, Special Acts, Laws of Florida, sealed Bids for the furnishing of: BID UO3 0 -TO-ENERGY FACILITY, (§UMERED, MARKET will be received by the Director of Purchasing, City of Tampa, until ,,2920 then be opened and read. The Bid Opening shall be thereafter and open to the Public VIA GoToMeeting. Below are the instructions to participate in this online meeting: Please join my meetingcomputer,tablet or Its lq al got:rn e:bnq cram go:nr208;99 You can also diali i r phone. UnitedStates.' 4," S a ._240.3 Code:Access 208-398-229 New to GoToMeeting?Get the app now and be ready when your first meeting starts: i ZZWp l,c:r?t r'r: tir L2110ast - 539122 Only bids from current Cityf Tampa certifiedI i r ' ), andill Women/Minority i within industry shall be consideredForm-70). *NOTE: The City of Tampa's WMBE policies are narrowly4ailored to identify Underutilizgd WMBEsy industry category. Bidders who are certified in the iiicategory for the work/score detailed herein are eligible for award. In all cases,the Bidder must be WMBE and/or SLBE certified prior to the opening date and time of the bid, As proof of certification, include copies of C4 of Tampa WMBE and SLBE certificates in the bid submittal. It is hereby made a part of this Invitation for Bid that the submission of any Bid in response to this advertised request shall constitute a Bid made under the same conditions for the same contract price and for the same effective period as this Bid to all public entities in Hillsborough County. (A list of these entities is enclosed with this package). Attached are important instructions and specifications regarding responses to this invitation. Failure to Mlow these instructions resultmay in your bid beingi li . Questions regarding this bid should be referred to Blake Leonard, CPPB, Certified Senior Procurement Analyst, by email: bla elle u7ard= ,t�y.A"p2 y.nem.uestions pertainingto the i document will accept u to five a prior to the scheduled opening date and time referenced above. Submission of bid responses by mail, hand delivery or express mail must be in a sealed envelope with theBidder's name and return address indicated. Type or print the Bidr and BidTitle envelope. Address the bid envelope as follows: Purchasing Department his address is appropriate for mailing, Tampa Municipal Office Building, 2111 Floor hand delivery and express mall.) 306 E. Jackson Street Tampa, Florida 33602 The Tampa Municipal Office Building is a controlled access building and all visitors are required to obtain a Visitor's Pass prior to visiting the Purchasing Department, -w.. tampagov ne Page 667 of 949 Bids shall be accepted no later than the time and date specified on the INVITATION TO BID. The Bid Opening shall be thereafter and open to the Public. All bids received after the due date and time shall be rejected. Offers by telegram, telephone or transmitted by facsimile (FAX) machine are not acceptable. No bid may be withdrawn or modified after the time fixed for the opening of bids. Bids may be submitted electronically via the Internet as an attachment to an email addressed to BidControl@Tampagov.net. The subject line of the email should include the bid number. Verification of the City's receipt of a bid submitted by email is the Bidder's responsibility. To verify receipt of bids sent electronically, Bidders may contact the Purchasing Department at 813-274-8351. Failure of the City to receive such bid by the date and time specified on the Invitation to Bid will result in non-consideration. INSTRUCTIONS TO BIDDER SHELTERED MARKET for SLBEs and Underutilized WMBEs: This bid is a Sheltered Market Solicitation for current City of Tampa certified Small Local Business Enterprises (SLBEs) and Underutilized Women/Minority Business Enterprises (WMBEs) identified on MBD Form-70 for NON PROFELSE RVICES. Only submissions from current certified SLBEs and Underutilized WMBEs will be reviewed. To determine if your company is eligible as a City of Tampa Small Local Business Enterprise and/or Woman/Minority Business Enterprise, please visit the Equal Business opportunity Office website at, h II .ta Dov vet e EXECUTED. SEALED BID: For hardcopy submittals, Bidder should submit the original and two copies of the bid response form, the Bidder's Affidavit form and any other requested forms or documents furnished by the City in the bid package. Documents must be executed by an original signature of an authorized representative of the Bidder. City of Tampa bids are issued electronically via DemandStar's eProcurement bid distribution system. Obtaining bids through Demandstar will ensure that vendor will have the following capabilities: receipt of bids electronically, track the status of bid award activity, receive addenda, be certified as a minority vendor to meet the City of Tampa's minority certification requirements, receive the results of bid awards and view plans and blueprints online electronically. Vendors who obtain specifications and plans from sources other than Demandstar are cautioned that the bid packages may be incomplete. The City will not accept incomplete bids. Contact Demandstar at 800-711-1712 or visit - demandstar.cornisugolier for more information. The City is not responsible for errors and omissions occurring in the transmission or downloading of any quote documents, plans, or specifications from this website. In the event of any discrepancy between information on this website and the hard copy quote documents, the terms and conditions of the hardcopy document will prevail. DemandStar has no affiliation with the City of Tampa other than as a service that facilitates communication between the City and its vendors. DemandStar is an independent entity and is not an agent or representative of the City. Communications to DemandStar does not constitute communications to the City. Contact DemandStar at 800-711-1712 or visit www.DemandStar.com/sugplier for more information. Bidders discovering any ambiguity, conflict, discrepancy, omission or other error in this BID, shall immediately notify the City of such error in writing and request modification or clarification of the BID. Modifications will be made by issuing an addendum and will be given by written notice to all prospective Bidders who received an original BID from DemandStar(Those who are on the Plan Molders List). Addenda will be posted and disseminated by DemandStar at least five days prior to this BID opening date.The Bidder is responsible for clarifying any ambiguity, conflict, discrepancy, omission or other error in the BID prior to submitting the bid or it shall be deemed waived. Bid tabulations (results) will be posted to DemandStar and made available to bidders after the scheduled public opening of the sealed bids. The bid documents contain a General Conditions Section and may, in most cases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. The Bidder is expected to carefully examine the entire bid package, including but not limited to the all provisions, terms, and conditions. Failure to do so will be at the Bidder's risk. 2 Page 668 of 049 GPC LISTING City of Plant City Hillsborough Community College Tampa Sports Authority Buddy Storey Vonda Melchior, Director of Purchasing Joe Haugabrook, Director of Purchasing Purchasing Manager 39 Columbia Drive 4201 N. Dale Mabry Highway Drawer C Tampa, FL 33606 Tampa, FL 33607 Plant City, FL 33563 813-253-7060—Telephone 813-673-4300—Telephone 813-659-4270-Telephone 513-253-7561—Fax 813-673-4312—Fax 813-659-4216-Fax vmelchoir@hcc.fi.edu jhaugabrook@tampasportsauthority.com wstorey@plantcitygov.com City of Temple Terrace Hillsborough County Board of County Tax Collector Judy Crutcher,Assistant Purchasing Agt. Commissioners 601 E. Kennedy Blvd., 14th Floor P.O. Box 16930 Scott Stromer, Director Tampa, FL 33602 Temple Terrace, FL 33687 601 E. Kennedy Blvd., 26th Floor Phone: (813)307-6222 813-506-6420—Telephone Tampa, FL 33601 FAX: (813)307-6521 813-989-7185—Fax Phone: (813)272-5790 www.hilistax.org jcrutcher@templeterrace.com FAX: (813) 272-6290 procurementservices@hilfsboroughcounty.org Clerk of Circuit Court Hillsborough Co.Sherifrs Office The Children's Board of Hills.County 601 E. Kennedy Blvd,-13th Floor Christina R. Porter,Chief Financial Officer 1002 E. Palm Avenue P.O. Box 1110P.OBox 3371 Tampa, FL 33605 . Tampa, FL 33601 Tampa, FL 33601 Phone: (813)229-2884 Phone: (813)276-8100 Ext.7721 813-247-8032—Telephone FAX: (813)228-8122 FAX. (813)272-5521 813-242-1825—Fax www.childrensboard.org www.hiliscierk.com CRPorter@hcsoAamPa.fl.uS Tampa-Hillsborough County State Attorney's Office University of South Florida Expressway Authority Mark Ober, State Attorney George Cotter, Director 1104 East Twiggs St. Suite #300 800 E. Kennedy Blvd., 5th Floor Purchasing Services Tampa, Florida 33602 Tampa, FL 33602 4202E Fowler Ave SVC-1072 813-272-6740—Telephone 813-272-5400—Telephone Tampa, FL 33620 813-276-2492—Fax 813-272-7014—Fax 813-971-3340—Telephone Man.Le@tampa-xway.com Ober—M@SA013th.com gcotter@admin.usf.edu Hillsborough Area Regional Transit Tampa Port Authority Property Appraiser Authority Donna Casey, Procurer ent Analyst 601 E. Kennedy Blvd., 16th Floor Melissa Smiley P.O. Box 2192 Tampa, FL 33602 4305 E. 211t Street Tampa, FL 33601 Phone: (813)272-6100 Tampa, FL 33605 813-905-5164—Telephone FAX: (813)272-5519 813-623-5835—Telephone 813-905-5109—Fax www.hcpafl.org 813-664-1119—Fax dwebb@tampaport.com smileym@gohart.org Hillsborough Co.Aviation Authority Supervisor of Elections Tampa Palms Community Dev. Dist. R 0. Box 22287 601 E. Kennedy Blvd., 16th Floor 16311 Tampa Palms Blvd W Tampa International Airport Tampa, FL 33602 Tampa, FL 33647 Tampa, FL 33622-2287 Phone: (813) 276-8274 Phone: (813)977-3933 Phone: (813)870-8730 FAX: (813)272-7043 Fax: (813)977-6571 FAX: (813)875-6670 www.votehillsborough.org www.tpoa.net www.tampaairport.com Hillsborough County School Board City of Tampa Housing Auth. P. 0. Box 3408 Jerome Ryaps, President/CEO Tampa, FL 33601-3408 1514 Union Street Phone: (813)272-4329 Tampa, FL 33607 FAX: (813)272-4007 813-253-0551—Telephone www.sdhc.kl2.fl.us 813-4522—Fax irenew@thafl.com Page 669 of 949 GENERAL CONDITIONS FOR TEMPORARY LABOR FOR MCKAY BAY REFUSE-TO-ENERGY FACILITY (SHELTERED MARKET SOLICITATION) 1. SCOPE AND CLASSIFICATION 1.1 SCOPE. This specification is a Sheltered Market Solicitation for City of Tampa Certified Small Local Business Enterprises (SLBEs) and Underutilized Women/Minority Business Enterprises (WMBEs) and describes Temporary Labor for McKay Bay Refuse-to-Energy Facility for the use of the Department of Solid Waste and Environmental Program Management. 1.2 CLASSIFICATION. The classification shall be as contained in the technical portion of this specification listed herein below. 2. QUALITY ASSURANCE PROVISIONS 2.1 QUALITY AND QUALITY CONTROL. A system of test and inspection shall be used to insure receipt of the quality and quantity of material(s)/service(s) purchased. Material(s)/service(s) will be promptly inspected and any discrepancies from the purchase order and/or the supplier's invoice shall be reported immediately to the Director of Purchasing. 3. AWARDEE LIABILITY 3.1 NEXT LOW BIDDER. In the event of default by the Awardee, the City of Tampa reserves the right to utilize the next lowest Bidder as the new Awardee. In the event of this occurrence, the next lowest Bidder, if it wishes the award, shall be required to provide the bid items at the prices as contained on its proposal or bid for this specification. 4. CONDITIONS 4.1 AUTHORIZATION. All orders shall be placed via City of Tampa Purchase Orders, or as releases against a City of Tampa "Open" Purchase Order. OFFICIAL AWARD WILL BE MADE BY CITY OF TAMPA PURCHASE ORDER ONLY.As relating to the Government Purchasing Council of Hillsborough County, any member may place orders as dictated by its individual entity's preference. 4.2 FURNISHING BID ITEMS. Award items are to be furnished on an "as needed, when needed basis" during the life of the award. 4.3 ALTERNATE BIDS. Bidders shall, as to each item listed on the Bid Response Page, submit only one bid. 4.4 PENALTIES. The City of Tampa reserves the right to increase or decrease quantities shown without penalty. 4.5 ADDITION/DELETION. The City of Tampa reserves the right to add to or delete any item from this bid or resulting award when deemed to be in the best interest of the City of Tampa. 4.6 BID PRICES. Bid prices shall be firm and shall not be amended after the date and time of the bid opening. Any attempt by the Awardee to amend said bid prices shall constitute default as outlined in this specification. Prices quoted in the Proposal and Bid Response form shall include all shipping costs, shipped F.O.B. Tampa, Florida or to the facility location specified by the requestor or the purchase order. All taxes of any kind and character payable on account of the work done and materials furnished under the award shall be paid by the Awardee and shall be deemed to have been included in the bid. The Laws of the State of Florida provide that sales tax and use taxes are payable by the Awardee upon the tangible personal property incorporated in the work and such taxes shall be paid by the Awardee and shall be deemed to have been included in the bid. The City is exempt from all state and federal sales, use,transportation and excise taxes. Award prices include all royalties and costs arising from patents, trademarks, and copyrights in any way involved in the work. Whenever the Awardee is required or desires to use any design, device, material or process covered 4 Page 670 of 949 by letters of patent or copyright, the Award ee shall indemnify, defend and save harmless the City, its officers, agents and employees from any and all claims for infringement by reason of the use of any such patented design, tool, material, equipment, or process, to be performed under the contract, and shall indemnify the said City, its officers, agents, and employees for any costs, expenses and damages which may be incurred by reason of any infringement at any time during the prosecution orafter the completion of the work. The duty to defend under this paragraph is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Awardee, the City and any indemnified party. This provision shall survive the termination of this award and shall continue in full for and effect so long as the possibility of any liability,claim or loss exists, unless otherwise prohibited by law. ® BID EVALUATION. The evaluation of bids and the determination as to equality of material(s)/service(s) offered shall be the responsibility of the City of Tampa and will be based on information furnished by the Bidder. ® ERROR IN BID CALCULATION. In the event there shall be a discrepancy between the stated total bid and the corrected sum of the correct multiplication of the stated unit price and the quantity specified, the corrected sum shalt be considered the bid price. 4.9 BASIS OF AWARD.The City of Tampa reserves the right to award this bid by aggregate total, in whole or in part. To be considered lowest responsive, responsible Bidder by aggregate, the Bidder shall have to bid on all locations listed on the bid response pages. and Criteria/Responsibility. The award will be made to the lowest responsive, responsible Bidder. To determine the responsibility of the monetary Bidder, the City may request and review documentation relative to the ability of the Bidder to satisfactorily perform the work specified in a first class manner as well as documentation of its experience; the financial condition of the Bidder from a current financial report and the Bidders credit rating; whether the Bidder has ever been declared in default of an award; the Bidder's insurability, eligibility for bonding; and any/all pertinent information deemed necessary to determine said responsibility. Prior to award resulting from this solicitation, the successful bidder shall be registered to transact business in the to of Florida, and shall furnish the City with proof of registration with ten days of the notice to do so by the City. Failure to promptly submit this evidence of qualification to transact business in the State of Florida may be a basis for rejection of the bid. Any Bidder who is owing to the City of Tampa upon any debt,contract, or other obligation to the City, or who is a defaulter as a surety or otherwise, will not be eligible for consideration for contract award regarding this solicitation. An award will be made, if at all,within 120 days after opening of the bids. 4.10 COMMUNICATION POLICY. During any solicitation period, including any protest and/or appeal, no contact with City officials or employees, other than with the individuals specifically identified in the solicitation, the Director of Purchasing or the Legal Department is perrnitted from any proposer/bidder. Such communication shall result in an automaticdisqualification for selection in the pending solicitation and any subsequent City solicitations for a period of six(6) months, no matter the outcome of the solicitation or any protest and/or appeal. ® AWARD PERIOD AND RENEWAL. The award period shall be for a one-year period from the effective date of the award, and may, by mutual written agreement, be renewed at the same terms and conditions for three additional one-year periods. 4.11.1 SUPPLEMENTAL UNILATERAL RENEWAL PERIODS. The City, through its Director of Purchasing, has the option and reserves the right to unilaterally extend the original contract to or any renewal to for up to three(3)additional thirty(30) day periods, at the same terms and conditions. Notice of the Citys intent to renew shall be provided by the City in writing to the Award ee prior to the expiration of the contract, or the renewal period if the contract has been previously renewed. . ® NON-APPROPRIATION OF FUNDS. In the event no funds or insufficient funds are appropriated for expenditures under this award, the City will notify the Awards e in writing of such occurrence and the award shall terminate without penalty or expense to the City on the last day of the fiscal year in which sufficient funds have been appropriated. 5 Page 671 of 949 4.13 PRICE ESCALATION/DE-ESCALATION. The City of Tampa will allow a price escalation/de-escalation provision within this award. The original bid prices shall be firm for a 1-year minimum period. A price escalation/de-escalation will be allowed 1 year after the beginning of the award period and at 1-year intervals thereafter, provided the Awardee notifies the City of Tampa, in writing,of the pending price escalation/de-escalation a minimum of 60 days prior to the effective date of the price escalation/de-escalation. The price escalation percentage change shall not exceed the previous 1-year's percentage change of the Consumer Price Index for All Urban Consumers (CPI-U) published by the U.S. Department of Labor's Bureau of Labor Statistics. Failure to comply with these instructions shall be grounds for disallowance of a price escalation as allowed herein. If,at the point of exercising the price escalation provision, market media indicators show that the prices have decreased, and that the Awardee has not passed the decrease on to the City of Tampa, the City reserves the right to place the Awardee in default, cancel the award, and remove the Awardee from the City of Tampa Bidders List for a period of time deemed suitable by the City. In the event of this occurrence, the City of Tampa further reserves the right to utilize any and/or all options as stated herein. 4.14 PERFORMANCE. The Awardee may be required to furnish evidence in writing that he or she maintains a permanent place of business and has adequate equipment, finances, personnel, and inventory to furnish the items offered satisfactorily and expeditiously,and can provide necessary services. 4.15 INSPECTION. The City of Tampa reserves the right to inspect the Bidder's place of business and equipment prior to awarding any award to determine the responsibility of said Bidder to perform or provide the requirements of the bid request. 4.16 AWARD CHANGES. No changes, over the award period, shall be permitted unless prior written approval is given by the Director of Purchasing and, where applicable, confirmed by resolution of the City Council of the City of Tampa. 4.17 ASSIGNMENT. To the extent permitted by applicable law, this contract, and all rights or obligations hereunder, is not assignable, in whole or in part, by operation of law, acquisition of assets, merger, consolidation, dissolution or otherwise without the advance written approval of the other party to this contract. Any attempted assignment of this contract by a party without the advance written approval of the other party shall be invalid and unenforceable against the other party. Any approved assignment of this contract by the Awardee will not relieve the Contractor from the performance of its duties, covenants, agreements, obligations, and undertakings under this contract, unless the assignment expressly provides otherwise. No assignment by the Awardee shall be effective unless the assignee confirms in writing to the City that the assignee accepts and shall comply with all of the duties, responsibilities, and obligations of the Awardee. Notwithstanding the foregoing, the City may assign its rights under this contract (without the Awardee's consent or approval)to a governmental successor of the City. An assignment by the City of its rights under this contract to a governmental successor of the City will relieve the City from the performance of its duties, covenants, agreements, and obligations under this contract after the effective date of the assignment. However, the City shall continue to be liable for the obligations it incurred under this contract prior to the effective date of the assignment. Action by the City in awarding a bid/proposal to a bidder/proposer, which has disclosed its intent to assign or subcontract in its response to the ITB/RFP, without exception shall constitute approval for purposes of this award. 4.18 DEFAULT/RE-AWARD. Any award resulting from this specification may be cancelled by the Director of Purchasing in whole or in part by written notice of default to the Awardee upon non-performance or violation of award terms, including the failure of the Awardee to deliver materials or services within the time stipulated in this specification, unless extended in writing by the Director of Purchasing. In the event an award is cancelled because of the default of the Awardee, the Director of Purchasing may: (i) purchase the materials or services specified in this specification on the open market; or(ii) make an award to the next lowest bidder and establish the period of such award, provided such period is no longer than the award period set forth in this specification. 4.19 CANCELLATION. When deemed to be in the best interest of the City of Tampa, any awards or contracts resulting from this specification may be cancelled by the following means: 4.19.1 10-day written notice with cause; or 4.19.2 30-day written notice without cause. 6 m Page 672 of 949 4.20 REJECTION. The City of Tampa reserves the right to cancel, reject any and/or all bids, or to waive any irregularities and accept that bid which is the lowest and best. COUNCIL.4.21 GOVERNMENT PURCHASING Hillsborough County Government Purchasing Council ("GPC") members, may,at their discretion oro tion, utilize this bid as they require. Estimatedquantities for Hillsborough County CPC members have not been included in the Bid Responseform. Purchases by these entities may increase the value of the award. ,A list of the members of the GPC is contained within this bid document. Any Hillsborough County CPC member which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders and issue its own exemption certificates as required by the Bidder, It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement made between any other governmental entity and the Bidder as a result of this Bid. 4.22 USE OF CONTRACT BY OTHER GOVERNMENTAL AGENCIES. Unless otherwise stipulated by the Bidder in its proposal, the Bidder agrees to make available to all government agencies, departments, and municipalities the proposed prices submitted in accordance i the terms and conditions of this Solicitation Document, should any governmental entity desire to buy under the Contract resulting from this Solicitation Document. Any other governmental agency, department, or municipality which avails itself of this contract will establish its own contract, place its own orders, Issue its own purchase orders and issue its own exemption certificates as required by the Bidder. It is understood and agreed that the City of Tampa is not a legally bound party to any contractual agreement a e between any other governmental entity and the Bidder as a result of this Bid. 4.23 USE OF STATE CONTRACT, GPC, OR COOPERATIVE PURCHASING BIDS. The City of Tarnpa reserves the right to utilize applicable State of Florida Contracts, CPC Bids, or those contracts of any other federal, state, or local governmental entity under the terms of a bid submitted to such entity, provided that such contract is precured in compliance with the procuring entity's law, bylaws, regulations, or ordinances regarding competitive solicitation, which must provide for full and open competition for any items covered by this specification when the use of same is in the best interest of the City of Tampa. ® ® person or affiliate who has been placedon the convictedvender listfollowinga conviction for a public ens crime may not submit a bid on an award/contract to provide any goods or services to a public entity, may not submit a bid on an award] contract with a public entity for the construction or repair of a public building or public work, may not submit bis on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 for Category Two for a period of 36 months from the date of being placed on the convicted vendor list. e Florida State Statute 287,133 (2)(a)] 4.25 FLORIDA PUBLIC RECORDS . In accordance with Chapter 119 of the Honda Statutes, and, except as may be provided by Chapter 119 of the Florida Statutes and other applicable State and Federal Laws, all Bidders should be aware that the Bid and the responses thereto are in the public domain and are available for public inspection and copying. If the Bidder is asserting that certain information in its Bidis confidential and/or proprietary and/or exempt from public disclosure, en the Bidder is required to do the following: (1) identify,with specificity,the information which the Bidder asserts is confidential and/or proprietarya /or exempt from public disclosure, (2) place such information (including any applicable electronic media on which such information is contained) in a sealed envelope that Is separate from theBidder's other Bid documents, (3) cleady label the envelope that contains the confidential, proprietary and/or exempt information as follows: "EXEMPT FROM PUBLIC DISCLOSURE" with Bidder's name and the Bid number marked on the outside, and ( ) specifically cite the applicable Florida Statute(s) that exempts such information from public disclosure - such citation must be placed on the sealed envelope and also on a separated urgent contained within the sealed envelope along with any relevant explanations. The envelope that contains theBidder's nfidential/p rie ry/ease pt information must be submitted with the Bidder's other Bid documents. Bidder is advised that failure to follow the aforementioned instructions may result in Bidder's alleged confidential/proprietary/exempt information being disclosed to the public. All submittals received in response to this Bid will become the property of the City of Tampa and will not be returned. In the event of an award, all documentation produced as part of the contract will become the exclusive property of the City.* Be aware that the designation of an item as exempt from public disclosure y a Bidder may be challenged in court by any person or entity. By designation of material in your Bid submittal as exempt from public disclosure, Bidder agrees to defend e City of Tampa (and its employees, agents and elected and appointed officials) against all claims and actions (whether or 7 Page 673 of 949 not a lawsuit is commenced) related to Bidder's designation of material as exempt from public disclosure and to hold harmless the City of Tampa (and its employees, agents and elected and appointed officials) for any award to a plaintiff for damages, costs and attorneys'fees, and for costs and attorneys'fees incurred by the City by reason of any claim or action related to your designation of material as exempt from public disclosure. *Note: The City will not accept Bid submittals when the entire submittal is labeled as exempt from public disclosure. Bidder's References and Cost or Price information will be deemed a public record,and if a claim of confidentiality/proprietary information is made,the City may deem the Bid submittal as"non-responsive". 4.25.1 In accordance with section 119.071(1)(b)2, Florida Statutes, sealed bids, proposals, or replies received by the City of Tampa pursuant to a competitive solicitation are exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision or until 30 days after opening the bids, proposals, or final replies, whichever is earlier. 4.25.2 In accordance with section 1191071(1)(b)3, Florida Statutes, if the City of Tampa rejects all bids, proposals, or replies submitted in response to a competitive solicitation and the City of Tampa concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids, proposals, or replies remain exempt from section 119.07(1), Florida Statutes and section 24(a), Art. I of the State Constitution until such time as the City of Tampa provides notice of an intended decision concerning the reissued competitive solicitation or until the City of Tampa withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than 12 months after the initial City of Tampa notice rejecting all bids, proposals, or replies. 4.25.3 The City of Tampa is a public agency subject to Chapter 119, Florida Statutes. In accordance with Florida Statutes, 119.0701,Awardee agrees to comply with Florida's Public Records Law, including the following: 1. Awardee shall keep and maintain public records required by the City to perform the services; 2. Upon request from the City, Awardee shall provide the City with copies of the requested records, having redacted records in total or in part that are exempt from disclosure by law or allow the records to be inspected or copied within a reasonable time (with provision of a copy of such records to the City) on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in Chapter 119, Florida Statutes, or as otherwise provided by law; 3. Ensure that public records, in part or in total that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law for the duration of the contract term and following completion (or early termination) of the contract if the Contractor does not transfer the records to the City; 4. Upon completion (or earlier termination) of the award, Awardee shall within 30 days after such event either transfer to the City, at no cost, all public records in possession of the Awardee or keep and maintain the public records in compliance with Chapter 119, Florida Statutes. If Awardee transfers all public records to the City upon completion (or earlier termination) of the award, Awardee shall destroy any duplicate records that are exempt or confidential and exempt from public records disclosure requirements. if Awardee keeps and maintains public records upon completion (or earlier termination) of the award, Awardee shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the agency. S. The failure of Awardee to comply with Chapter 119, Florida Statutes, and/or the provisions set forth above shall be grounds for immediate unilateral termination of the contract by the City; the City shall also have the option to withhold compensation due Awardee until records are received as provided herein. 6. IF THE AWARDEE HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES TO THE AWARDEE'S DUTY TO PROVIDE PUBLIC RECORDS ,r 8 jf Page 674 of 949 RELATING TO THIS CONTACT THE CUSTODIAN OF AWARD, PUBLIC RECORDS AT r t ADDRESS OF PURCHASING DEPARTMENT, TAMPA MUNICIPAL OFFICE BUILDING, 2 ND FLOORF 306 E. JACKSON r TAMPAr FL 33602. 4.26 PROCUREMENT PROTEST PROCEDURES. A protest must be fled with the Director of the soliciting Department within five ( business days of posting the City's intent to award and may be fled by an actual bidder or proposer, who is allegedly aggrieved in connection with the issuance of a bid solicitation, proposal solicitation or pending award of any contract in any competitive process utilized by the City of Tampa for procurements of supplies® materials or services and construction of public improvements and has standing to protest under Floridaw. Any protest must be flied in accordance with the City of Tampa Code, Chapter 2, Article V, Division 3, Purchases and Contracts, Section 2-282, Procurement Protest Procedures, Protests not complying with the provisions of this Section shall not be reviewed. II dates and times specified in the Protest Procedures in Section -282 are calculated as city business days. A City business day shall mean 8:00 am to ® 0 prn Monday through Friday, with the exception of city holidays. In all instances any document required to be transmitted by a certain ate must be received in the required office by 4030 pm. An envelope which is postmarked by the required date is not sufficient. Transmittal by fax, email or other electronic means may be accepted. However, it shall be the responsibility of the party transmitting the document(s) to ensure that the document(s) were received, and the transmitting party shall bear any risk of interruption or failure in the electronic transmission. 4.27 LAWS,CODES AND ORDINANCES. The SuccessfulBidder/Proposer shall comply with all Federal, State, County and City laws, rules and regulations as applicable to this bid. RIGHTS.4.28 AUDIT The Awardee will keep adequate records and supporting documentation applicable to this contractual matter. Said records and documentation will be retained by the Awarde fora minimum of six ( ) years from the date of termination of this Award. The City and its authorized agents shall have the right to audit, inspect an copy all such records and documentation as often as the City deems necessary during the period of this Award and during the period of six (6) years thereafter. The six ( ) year time period will be extended until audit findings are issued if a audit is initiated during the six ( ) year period, Such activity shall be conducted only during normal business hours. The City, during the period of time expressed by the preceding sentence, shall also have the right to obtain a copy of and otherwise inspect any audit made at the direction of the A gree as concerns the aforesaid records and documentation. CODE.4.29 CITY OF TAMPA ETHICS The Bidder shall comply with all applicable governmental and city rules and regulations including the City's Ethics Code which is available on the City's website. (City of Tampa Code, Chapter 2, Article VIII. ® Section 2-522) Moreover, each Bidder responding to this Invitation to Bid or Request for Proposal acknowledges and understands that the City's Charter and Ethics Code prohibit any City employee from receiving any substantial benefit or profit out of any contract oro ligation entered into with the City, or from having any direct or indirect financial interest in effecting any such contract oro ligation. The Awardee shall ensure that no City employee receives any such benefit or interest as a result of the award of this Invitation to Bid or Request for Proposal, (City of Tampa Code, Chapter 2, Article VIII. - ction 2-514(d)). Please note that the City's Ethics Code may be accessed on the Internet by utilizing the website link lett �w -tampato :: h r p t /bfhp gL2yj :ni rrnation or can be found in the City of Tampa's municipal codes published online by the Municipal Code Corporation at the website link l:tt„ „ y ,.rd rlibrry tltas /rod ods of urcl rr Printed copies of the Ethics Code can also be obtained from the City Clerk's Office for a fee of$0.15 cents a page. 4.30 SCRUTINIZED COMPANIES. Section 287.135, Florida Statutes prohibits agencies from contracting with companies for goods or services of any amount that are ( ) on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida Statutes or are engaged in a boycott of Israel, and (2) with companies for goods or services of 1 million or more, that are on either the Scrutinized Companies with Activities in Sudan List or the 9 Page 676of 949 Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes or are engaged in business operations in Cuba or Syria. A company that is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of any amount. A company that is on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is engaged in business operations in Cuba or Syria may not bid on, submit a proposal for, or enter into a contract or renew a contract with an agency or local government entity for goods or services of$1 million or more. Notwithstanding the aforementioned, the City may on a case-by-case basis permit a company on the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, the Scrutinized Companies that Boycott Israel List, or are engaged in business operations in Cuba or Syria to be eligible for, bid on, submit a proposal for, or enter into or renew a contract for goods or services if the conditions set forth in Section 287.135(4)of the Florida Statutes are met. If the City determines the Bidder submitted a false certification under Section 287.135(5) of the Florida Statutes upon submission of a bid or proposal, entering into a contract, on contract renewal, or if the Awardee has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or is on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel or is engaged in business operations in Cuba or Syria, the City shall either terminate the contract after it has given the Awardee notice and an opportunity to demonstrate the City's determination of false certification was in error pursuant to Section 287.135(5)(a)of the Florida Statutes. 4.31 CONTRACT LITIGATION/LEGAL PROCEEDINGS. The Bidder shall identify any conditions (i.e. bankruptcy, pending and/or existing litigation, planned office closures, impending merger/acquisition) that may impede the Proposer's ability to perform the services set forth in this Bid. Bidder shall provide in detail information on the nature and magnitude of any litigation or proceeding whereby, currently or during the past five (5) years, a court or any administrative agency has ruled against the company in any matter related to the professional activities of the company. This shall include any class actions wherein your company was named, industry investigations by Attorneys General, in addition to individual cases. Bidder shall identify any pending lawsuits, past litigation relevant to subject matter of this Bid or litigation involving any unauthorized release of client confidential information, providing a statement of any litigation or pending lawsuits that have been flied against the Bidder's company currently or within the last five (5) years. If an action has been flied, state and describe the litigation or lawsuit filed, and identify the court or agency before which the action was instituted, the applicable case or file number, and the status or disposition for such reported action. If no litigation or lawsuit has been filed against the company, provide a statement to that effect. Bidder shall provide information concerning any current or past bankruptcy proceedings currently or within the last five (5) years for any voluntary or involuntary declarations of bankruptcy concerning the company, partner or subsidiary, subcontractors, or any corporate officer with details of such proceedings. Bidder must also provide information as to whether the Proposer or an affiliate of Bidder is currently or has in the last five (5) years ever pledged any interest in all or any portion of any current or future payment as collateral, including for example as part of an accounts receivable factoring program. If yes, please provide information identifying the type of arrangement, date of the arrangement, and name of the party to whom the interest was pledged. 4.32 MINIMUM WAGE AMENDMENT. The Awardee/Contractor shall comply with the minimum wage requirements as required in Article X, Section 24, Constitution of the State of Florida as of May 2, 2005. The rate of wages for all persons employed by the Awardee/Contractor on the work covered shall not be less than the rate of wages required by the Fair or Standards Act (Public Law 104-188) enacted August 20, 1996. 4.33 DATA COLLECTION. Pursuant to Section 119.071(5)(a), Florida Statutes, social security numbers collected from bidders are used for identification,verification, and tax reporting purposes. "Y"I 10 1 Page 676 of 949 4.34 INVOICING. The Awardee shall furnish the City complete itemized invoices for the services performed. Invoices are to reflect the prices stipulated on the purchase order and as outlined in this bid/proposal document on the bid response/pricing sheets. The City will not accept an aggregate invoice. As part of the award process, the City may request a sample invoice. Invoices shall contain, but not be limited to the following information: Invoice number; • Company Name; • Purchase order number; • Location and dates of delivery of goods; • Cost of goods as stated on Bid Response and extended price to reflect total cost. At the time of submission of its invoices, the Awardee shall submit to the CITY a report on From MBD-30, "DMI- Payments"of all sub-contract contract amounts and payments along with any other completed reports or forms as may be required by the CITY. In the event the Awardee uses any WMBE and/or SLBE sub-contractors, the Awardee shall provide form MBD-40"Letter of Intent"(LOI)for all WMBE and/or SLBE sub-contractors the Awardee intends to utilize. • Form MBD-30 DMI Sub-(Contractors/Consultant/Suppliers) Payments • Form MBD-40 Letter of Intent(LOI) 4.3S SUB-CONTRACTING SUBMITTALS. No Awardee shall assign the award or any rights or obligations thereunder without the written consent of the City. The Awardee shall be required to perform with its own forces at least fifty-one(51) percent of the work, unless written consent to subcontract a greater percentage of the work first obtained by the City. In the event of such approved subcontracting, the Awardee agrees to provide the City with written documentation relative to the Subcontractor(s) solicited, or that will be employed in this award, including but not limited to submittal of attached the following Schedule of Sub-Contracting Forms: • Schedule of All Sub-Contractors/Consultants/Suppliers Solicited - MBD 10 • Schedule of Sub-Contractors/Consultants/Suppliers to be Utilized - MBD 20 These forms must be tom leted (including signatures) and submitted with II bids or Proposals. Suibmln In hese com 1 m "non-res nsiV �. _ i n On cometini the forms_are included after each form in this bid e, Subcontractor shall be defined as; a business enterprise, firm, partnership, corporation, consultant or combination thereof having a direct contract with a prime contractor for any portion of the advertised work that is awarded by the owner/owner's representative. Supplier shall be defined as; a business enterprise that either directly contracts with a Prime Contractor/Consultant or directly contracts with a Subcontractor under such Prime Contractor/Consultant to provide materials, supplies or equipment in connection with a Contract awarded by the owner/owner representative. A Supplier may be a regular dealer, distributor or manufacturer. 4.36 GOVERNING LAW/VENUE.The laws of the State of Florida (without giving effect to its conflicts of law principles) govern all matters arising out of or relating to this solicitation, including, without limitation, its interpretation, construction, performance, and enforcement. The parties hereto submit to the exclusive jurisdiction and venue of the state and federal courts located in Hillsborough County, Florida. 4.37 PAYMENT. Full payment will be made by the City after receipt and acceptance of materials/services and proper invoice in accordance with Florida Statutes § 218.70, et. S�Mc., the Local Prompt Payment Act. Bidders that accept Visa/MasterCard payments can be enrolled in the City's ePayments program for faster payment turnaround, by contacting the City's Accounts Payable Department at i1c u . T,°° :. 4.38 EMPLOYEE VERIFICATION. In accordance with Section 448.095, Florida Statutes, the Awardee/Contractor agrees to register with and utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired during the term of the award/contract for the services specified in the award/contract. The Awardee/Contractor must also include a requirement in subcontracts that the subcontractor must register with and utilize the E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the award/contract term. If the Awardee/Contractor enters into a contract with a subcontractor, the subcontractor must provide the Awardee/Contractor with an affidavit stating that the subcontractor Page 677':of 949 does not employ, contract with, or subcontract with an unauthorized alien. The Awardee/Contractor shall maintain a copy of such affidavit for the duration of the award/contract. If the City has a good faith belief that the Awardee/Contractor has knowingly violated Section 448.09(1), Florida Statutes, the City shall terminate the Contract with the Awardee/Contractor, and the Contractor may not be awarded a contract with the City for at least 1 year after the date on which the award/contract was terminated. The Awardee/Contractor is liable for any additional costs incurred by the City as a result of the termination of the award/contract. If the City has a good faith belief that a subcontractor knowingly violated the law, but the Awardee/Contractor has otherwise complied with the law, the City shall promptly notify the Awardee/Contractor and order the Awardee/Contractor to immediately terminate the award/contract with the subcontractor. 4.39 FORCE MAIEURE. If a Force Majeure Event occurs, the party that is prevented by that Force Majeure Event from performing any one or more obligations under this award/contract (the "Nonperforming Party'l will be excused from performing those obligations, on condition that it complies with its obligations herein. "Force Majeure Event" means, with respect to the Nonperforming Party, any event or circumstance, regardless of whether it was foreseeable, which was not caused by the Nonperforming Party, which prevents the Nonperforming Party from complying with any of its obligations under this award/contract, on condition that the Nonperforming Party uses reasonable efforts to comply with its obligations, except that a Force Majeure Event will not include any strike or other labor unrest that affects only one party, economic hardship of a party, an increase in prices, changes in market conditions, or a change of law. Upon the occurrence of the Force Majeure Event, the Nonperforming Party shall notify the other party in writing within ten (10) days of the occurrence of that the Force Majeure Event, its effect on performance, and how long that party expects the Force Majeure Event to last. Thereafter the Nonperforming Party shall update the other party as reasonably necessary. During a Force Majeure Event, the Nonperforming Party shall use reasonable efforts to limit damages to the other party and to resume its performance under this award/contract. The other party has the right to terminate the award/contract if the Non-Performing Party's Force Majeure Event continues for more than a reasonable time. 4.40 CONFLICT OF INTEREST. The City requires that the Bidder provide professional, objective, and impartial advice and at all times hold the City's interest(s) paramount, strictly avoid conflicts with other assignments or their own corporate interests and act without any consideration for future work. The Bidders have an obligation to disclose any situation of actual or potential conflict that impacts their capacity to serve the best interest of the City, or that may reasonably be perceived as having this effect. If the City, in its sole discretion, determines that a conflict of interest exists, such Bidder shall not be considered for award. Failure to disclose said situations may lead to the disqualification of the Bidder or the termination of its award. Any such interests on the part of the Bidder or their employees, must be disclosed in writing to the City on ATTACHMENT A - CONFLICT OF INTEREST DISCLOSURE FORM that is included with this solicitation document. Also, the Bidder is aware of the conflict of interest laws of the State of Florida and the City of Tampa and agrees that they shall fully comply in all respects with the terms of said laws. 5. INDEMNIFICATION. The Contractor/Successful Proposer/Awardee/Firm (collectively the "Firm'} releases and agrees to defend, indemnify and hold harmless the City of Tampa, its officers, elected and appointed officials, and employees from and against any and all liabilities, claims, suits, damages, charges, or expenses (including attorney's fees, whether at trial or appeal) which the City may suffer, sustain, incur, or in any way be subjected to by reason or as a result of any act, negligence, or omission on the part of the Firm, its agents or employees, in the execution or performance of the obligations assumed under or incidental to, the Award/Contract/Agreement (collectively the "Agreement') into which the Firm and the City will enter, except when caused solely by the fault, failure, or negligence of the City, its agents, or employees. Where the Agreement is for a construction contract for the City, this Section shall be limited to the provisions of Section 725.06, Florida Statutes, with the greater of $1 Million Dollars or a sum equal to the total contract price set as the monetary limitation on the extent of the indemnification. 6. NON-DISCRIMINATION IN CONTRACTING AND EMPLOYMENT The following provisions are hereby incorporated into any contract executed by or on behalf of the City of Tampa. The Awardee shall comply with the following Statement of Assurance: During the performance of this Award, the Awardee herein assures the City, that said Awardee is in compliance with Title VII of the 1964 Civil Rights Act, as amended, the Florida Civil Rights Act of 1992, and the City of Tampa Code of Ordinances, Chapter 12, in that the Awardee does not on the grounds of race, color, national origin, religion, sex, sexual 12 Page 678 of 949 orientation, gender identity or expression, age, disability, familial status, or marital status, discriminate in any form or manner against said Awardee's employees or applicants for employment. Awardee understands and agrees that this award is conditioned upon the veracity of this Statement of Assurance, and that violation of this condition shall be considered a material breach of this award, Furthermore, the Awardee herein assures the City that said Awardee will comply with Title VI of the Civil Rights Act of 1964 when federal ran (s) is/are involved. This Statement of Assurance shall be interpreted to include Vietnam-Era Veterans and Disabled Veterans within its protective range of applicability. Awardee further acknowledges and agrees to provide the City with all information and documentation that may be requested by the City from time to time regarding the solicitation, selection, treatment and payment of subcontractors, suppliers and vendors in connection with this award. Awardee further acknowledges that it must comply with City of Tampa Code of Ordinances, Chapter 26.5, Per C4 of Tampa Code of Ordinances, Section 2-284, Bidder(s) are requested to provide information as to whether Bidder(s) has criminal history screenings similar in nature to the practices contained in Chapter 12, Article VI, City of Tampa Code of Ordinances. The City of Tampa's municipal codes are published online by the Municipal Code Corporation at the website link1fttJ15,- /VVW'W,MUnic 'n—n—odecairyii ±q! f!qgcle of ordinanggs, M� 1).p 6.1 EQUAL OPPORTUNITY The City of Tampa hereby notifies all Bidders that all eligible businesses, including Small Local Business Enterprises (SL s) and Women/Minority Business Enterprises (WMBEs) will be afforded a full opportunity to participate in any Award made by the City of Tampa pursuant to this present proposal matter and will not be subjected to discrimination on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. The City of Tampa prohibits any person involved in City of Tampa contracting and procurement activities, to discriminate on the basis of race, color, national origin, religion, sex, sexual orientation, gender identity or expression, age, disability, familial status, or marital status. For additional information can&-_ found on the Equal Busine"0,pportunity(E00) Offilbe websife at ov h 1/WWW1a ne ej�o ----------------- __!gL-------- 7. INSURANCE. This award is subject to the attached and incorporated CITY OF TAMPA INSURANCE REQUIREMENTS included as Exhibit I of this bid document which should be reviewed for complete insurance details and coverage requirements 13 Page 679 of 949 TECHNICAL SPECIFICATIONS FOR TEMPORARY LABOR FOR MCKAY BAY REFUSE-TO-ENERGY FACILITY (SHELTERED MARKET SOLICITATION) B. SCOPE. The scope of work shall include the furnishing of temporary laborers to be used by the Department of Solid at & Environmental Program Management, City of Tampa as Service Attendants at McKay Bay Waste-to- Energy facility. 7he Awardee shall provide qualified personnel on a temporary basis as detailed in the specifications herein. 9. BIDDER REQUIREMENTS. Bidders shall have been in business as a temporary personnel service for at least one year. The Bidders shall maintain a place of business where an authorized representative must be available to the City during normal working hours. The Bidders shall submit at least two letters of reference with their bid. These references must demonstrate successful placements of Laborers who performed work similar in nature to the work specified in this bid® Bidders shall provide as part of their bid submittal details of their process for conducting background checks and drug screens for temporary labor employees hired by their agency. 10. BACKGROUND SCREENING REQUIREMENTS. When considering candidates who will ultimately be referred to the City of Tampa for employment, Awardee agrees to contact the City's Employment Services Manager for additional guidance if candidates fall into one or more of the following categories, - The candidate is unable to successfully pass an eight(8) panel drug screen (Amphetamines, Cannabinoids-THC Marijuana, Cocaine, PCP, Opiates, Methaqualone, Barbiturates, Benzodiazepines) - The candidate has a misdemeanor conviction within the past 5 years - The candidate has a felony conviction within the past 10 years - The candidate has a felony conviction which involves violence or weapons, regardless of when it occurred, or drug sale, drug manufacturing or drug trafficking convictions - If the candidate is a former City of Tampa employee, contact the City of Tampa Human Resources- Employment Services Manager to verify the employee remains in good standing. 11. SERVICE REQUIREMENTS. Services may be required on a daily or weekly basis. Requests for service shall be made to the Awardee, by the City, at least 2 calendar days in advance of the scheduling needs. The work shifts for temporary personnel shall be fora minimum of 4 hours. The volume of service may vary significantly from week to week, depending special event requirements and other local demand factors. The City reserves the right to cancel requested shift(s)with a 24-hour notice, 12. AWARDEE AVAILABILITY. The Solid Waste Department must be able to contact and speak with a representative of the Awardee, 7 days a week, between the hours of 7:00 AM and 9:00 PM, to discuss any staffing or lack of staffing requirements for replacement of "no shows". Failure to communicate with the Awardee may result in the Awardee being in default of the award as specified herein. 13. AWARDEE'S PERSONNEL. The Awardee shall provide only qualified personnel who are skilled in performing the job requirements detailed in this specification. Upon request, the Awardee may be required to provide the names, addresses, social security numbers and any other pertinent information of all temporary personnel provided. The City reserves the right to reject,for any reason whatsoever, any temporary personnel provided by the Awardee. 14. SUBCONTRACTING. Subcontracting or assigning of this award is not permitted under this Bid specification without prior written approval from the City. 15. DRESS CODE. All temporary personnel shall wear clean shirts (no tank tops) and clean pants, or the uniform provided by the Awardee. All temporary personnel must also wear closed toe shoes (sandals, thongs or open-toed shoes are unacceptable). Any of the Awardee's personnel who reports to work out of uniform or without safety vest shall be sent home. 14 "16 Page 680 of 949 16. SAFETY EQUIPMENT REQUIREMENTS. SAFETY EQUIPMENT REQUIREMENTS. All temporary personnel shall show up for assignments equipped with a Class III or Class IV reflective safety vest (in good condition), an ANSI Type 1, Class E compliant hard hat, an ANSI Z87.1 standard safety glasses, steel toed boots, Tyvek suits, and two-palm leather work gloves on a daily basis. These items shall be provided and paid for by the Awardee. 17. STAFF REQUIREMENTS 17.1 MCKAY BAY FACILITY SERVICE ATTENDANT—LABORER 17.1.1 Normal Duty Laborer -- Responsible for performing a variety of manual and semiskilled tasks, such as manually loading/unloading materials and equipment, custodial tasks, facility upkeep, and other assigned duties to assist operations at the McKay Bay Waste-to-Energy facility. 17.1.2 Heavy Duty Laborer — In addition to all the duties of a Normal Duty Laborer, Heavy Duty Laborer must be physically fit to perform task which involves regular and sustained performance of moderately physically demanding work, typically involving some combination of climbing and balancing, stooping, kneeling, crouching and crawling, lifting, carrying, pushing and/or pulling or materials that can weigh up to 50 pounds. Tasks to include working as high as 83'off the ground (top grating level in the plant), shoveling ash, cleaning out u-drains, mopping the asphalt with Acid Magic, painting, and other duties as assigned. Must be able to perform work task in adverse environmental conditions, such as dirt, dust, pollen, odors, wetness, humidity, rain, fumes, seasonal hot/cold temperatures and noise, loud machinery and vibrations. Must complete safety training to include: How to work in tight places; How to watch others in confined spaces; Equipment management; and Equipment safety. Will need night shift staffed during boiler outages. Will be required to wear long sleeve clothing such as coveralls and/or Tyvek suits. 17.1.3 Must arrive at or before their morning scheduled shift fully equipped and ready to begin work. 18. PRICING. Pricing for this award will be on an hourly basis. The hourly rate for these services shall be commensurate with the skill level requirement specified above in Section 8. 19. NO SHOW PENALTY. An employee who does not show up for their assigned shift by the scheduled start time e shall be entitled to no pay or compensation. The awardee shall provide an immediate replacement for this position or be penalized $10/hour per employee starting from the scheduled start time until the replacement arrives. 20. ESTIMATED HOURS. Estimated total hours for labor at McKay Bay is 16,872 hours, breakdown as follows: ■ Normal operations 8 hours per day: 5 Temps x 40 Hours x 36 Weeks = 7,200 ■ Normal operations 8 hours per day: 4 Temps x 40 Hours x 16 Weeks = 2,560 ■ Outage weeks 12 hours per day: 5 Temps x 84 Hours x 6 Weeks = 2,520 ■ Outage weeks 12 hours per night: 4 Temps x 36 Hours x 3 Weeks = 432 ■ Janitorial type duties 8 hours per day: 2 Temps x 40 Hours x 52 Weeks = 4,160 (This is an estimate due to current solicitation for bids on Janitorial Services) 21. OVERTIME. The City is not expecting any Awardee staff member to work more than 40 hours in a week. Therefore, overtime pay is not authorized by the City. In special situations, the City may preauthorize Awardee, in writing, personnel to work more than 40 hours in a week. In those situations, the City shall pay 1 1/2 times the normal pay rate for all time worked over 40 hours. i, 15 Page 681 of 949 BIDDER'S AFFIDAVIT Before me, the undersigned authority who is duly authorized by law to administer oaths and take acknowledgements, personally appeared i'S.EVELYN LOONEY WITH.A&.ASSOCIATES AFFIANT'S(Person's) NAME Who, after being duly cautioned and sworn, and being fully aware of the penalties of perjury, does hereby depose and declare, on his own behalf or as a representative on behalf of a partnership or corporation, or other entity that is the Bidder in the matter at hand, as follows: 1. That the Bidder, if a natural person, is of lawful age. 2. That if the Bidder is a partnership, or a corporation, or other legal person or entity recognized in the State of Florida, it has complied with all laws and ordinances governing the formation and continued existence of such entities, including but not limited to, if a Florida corporation, to the filing of its Articles of Incorporation with the Florida Secretary of State and if a corporation incorporated under the laws of a state other than Florida, that it is duly authorized to do business in the State of Florida; that it is currently an active corporation or entity fully authorized to do business; and that the undersigned is representative of the corporation or entity authorized to make this affirmation and declaration and who has the power to bind said corporation or entity. 3. That if the Bidder is operating under a fictitious name, Bidder has currently complied with and any and all laws and procedures governing the operation of businesses under fictitious names in the State of Florida; 4. That the Bidder has not submitted a rigged Bid, nor engaged in collusive bidding, or a collusive bidding arrangement, or fraudulent bidding, or entered into a conspiracy in connection with this bid with any other natural person, partnership, corporation or other entity making a bid for the same purpose. The Bidder has not entered into any understanding or agreement with any other person or entity where one or more such persons or entities agrees not to bid or fixing the prices to be bid. 5. In the event that the City determines that the Bidder has participated in any collusive, deceptive or fraudulent practices in derogation of the statements in this Affidavit the City, in addition to any other remedy it may exercise, will have the right to debar the Bidder. The contract let under such circumstances shall be deemed invalid. 6. That the Bidder is not in arrears to the City of Tampa upon debt or contract and is not in default, as surety or otherwise, of any obligation to the City, Hillsborough County or the State of Florida 7. That no officer or employee of the City, either individually or through any firm, corporation or business of which he/she is a stockholder or holds office, shall receive any substantial benefit or profit out of the contract or award to this Bidder; nor does the Bidder know of any City officer or employee having any financial interest in assisting the Bidder to obtain, or in any other way effecting,the award of the contract to this Bidder. 8. That, by submitting this bid, the Bidder certifies that he/she has fully read and understands the bid method and has full knowledge of the scope, nature, and quality of work to be performed or the services to be rendered. 9. That, by submitting this Bid, Affiant certifies compliance with Section 287.135, Florida Statutes and for contracts for goods or services of $1 million or more, that the Bidder is not on the Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Cuba or Syria, and that for contracts for goods or services of any amount, that the Bidder is not on the Scrutinized Companies that Boycott Israel List, and is not engaged in a boycott of Israel. Affiant understands that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject Bidder to civil penalties, attorney's fees, other costs and termination of any contract that is awarded. The bid documents contain a General Conditions Section and may, in most rases, contain a Technical Specification Section. General Conditions contain general requirements and Technical Specifications detail the scope of the goods and/or services requested. The Technical Specifications shall always govern whenever there appears to be a conflict. The Bidder shall comply with the applicable requirements of Federal and state laws, all Codes and Ordinances of the City of Tampa as amended from time to time and any applicable professional regulations. 16 „I Page 682 of 949 FURTHER AFFIANT SAYETH NOT. Bidder: Complete the applicable acknowledgement for an Individual Acting„in His/HermOwn Right or an Entity (by lype FOR AN INDIVIDUAL ACTING IN HIS/HER OWN RIGHT State of County of.____ The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of❑ physical presence or ❑ online notarization this day of , 20 bywho is personally known to me or who has produced identification and who did (did not)take an oath. Signature of Notary Public Signature of Affiant Notary Public State of: My Commission Expires: Printed, typed or stamped Printed or typed name of Affiant i Commissioned name of notary public .... . .... .. -------------- _... _. ---------------. FOR AN ENTITY State of FLORIDA County of-PALM BEACH The foregoing instrument was sworn to (or affirmed) and subscribed before me by means of M physical presence or El online notarization this 3RD day of NOVEMBER,_ 20 01 by, MS.EVELYN LOONEY as VICE PRESIDENT , f ASSOCIATES,INC. a ❑ Partnership, 0 Joint denture, IN Corporation, ❑ Joint denture, 0 Limited Liability Company(LLC) or ❑ Other ro�,,,,,,„ , s , on behalf of such entity. Such individual is personally known to me or has produced identification. Type of identification,produced: PERSONALLY KNOWN""”, a� .......... Signa tfre o o a Public Signature of int Notary Public State o : FLORIDA,, „„ rta Np Ccanm Evyws 3s,3477 My Commission Expires: 11/24/21 ISR.ANDREW LUCHEY ;fie EVELYN LOONEY Printed, typed or stamped Printed or typed name of Affiant Commissioned name of notary public t 17 Page 683 of 949 ATTACHMENT A- CONFLICT OF INTEREST DISCLOSURE FORM For purposes of determining any possible conflict of interest, all bidders/proposers, must disclose if any elected or appointed officer of the City of Tampa, City of Tampa employee(s), or any immediate family member* or close personal relation** of an elected or appointed officer of the City of Tampa or City employee(s) is also an owner, corporate officer, agent, employee, stockholder, or has a controlling financial interest***,etc., of their business. *Immediate famlly means spouse, parents and children of the person involved. **Close personal relationship means dating, cohabitation, and/or having an intimate sexual relationship. Dating includes but is not limited to casual dating, serious dating, or casual sexual involvement where the parties have no intention of carrying on a long-term relationship, cohabitation, and any other conduct or behavior normally associated with romantic or sexual relationships. This definition applies regardless of the sexual orientation of the employees involved. Persons involved in a close personal relationship shall be referred to as a "close personal relation." *"Controlling financial interest means ownership, directly or indirectly, to ten (10) percent or more of the outstanding capital stock in any corporation or a direct or indirect interest of ten (10) percent or more in a firm, partnership, or other business entity or such other interest or position in a business entity sufficient to allow him or her to control its operations. Indicate either"yes"(a City employee, elected or appointed official is also associated with your business), or"no". If yes, give person(s) name(s) and position(s) with your business. YES NO x NAME(S)/ POSITION(S) A-NONI FIRM NAME: AASSOCIATES,i g BY(PRINTED NAME): .EVELYN LOONEY _ BY(SIGNATURE) k , t TITLE: VICE PRESIDENT DATE: 11/03/20 P.t 3 18 p �tz� Page 684 of 949 BIDDER SUBMITTAL CHECKLIST BID DOCUMENTS TO BE RETU --------------- Rh1EQ _.. BID #: 11110320 I BID TITLE: TEMPORARY LABOR FOR MCKAY BAY REFUSE-TO-ENE Y FACILITY(SHELTERED MARKET SOLICITATION) ------------------------- THE mm_ __mmmmm______THE FOLLOWING FORMS MUST BE INCLUDED IN BID PACKAGE PLEASE ACKNOWLEDGE BY ANSWERING"YES" _ L YES Did you sign your bid? Did you sign and complete MBD Forms 10 and 20? IX Did you fully complete the price proposal /bid response page? * _ Did you complete the Bidder's Affidavit and associated notarized form? ,:::. .., If an addendum has been issued that changed the Bid Response Page(s), did you provide LX r cm _on,the a es marked"Addendum" __ .. Did you include References per section 9 of Technical Specifications? _�mm �n� ._ .... .... ,. a Did you complete Attachment A—Conflict of Interest Disclosure Form? * Failure to submit these forms shall result in your bid being deemed as"non-responsive Requested Voluntary Information Regarding Bidder's Initial Employment Application Content The Bidder's own initial application for employment has criminal history screening practices similar in nature to the practices contained in Chapter 12, Article VI — Criminal History Screening Practices, City of Tampa Code of Ordinances. (Responses, whether "Yes"or "No" are for informational purposes only and will not be used as a basis of award or denial, nor as a basis for any protest): [ ] Yes No Firm Name: A&ASSOCIATES,INC. Authorized si nature: qiaj—kc�,4- Date: Sm C Y, ' EPRESIDENT 19 Page 685 of 949 BID RESPONSE FOR TEMPORARY LABOR FOR MCKAY BAY REFUSE-TO-ENERGY FACILITY (SHELTERED MARKET SOLICITATION) Please Print or Type We the undersigned, as Bidders, hereby declare that we have carefully read this proposal or bid and the provisions, terms and conditions concerning the equipment, materials, supplies or services as called for, and with full knowledge and understanding of the requirements and conditions, do hereby agree to furnish and to deliver as indicated, FOB, City Facility Location, with all transportation charges prepaid, and for the prices quoted thereon as follows. QUANTITY UNITpESCRIPTICIN UNIT PRICE TQTAL.PRICE 4,000 HOURS NORMAL DUTY SERVICE ATTENDANT $,„n..., 43 $. 57,720 13,000 HOURS HEAVY DUTY SERVICE ATTENDANT $_ 15.25 � $,_ 198,250 TOTAL AMOUNT OF BID: $____ S5,970 MOL = More or Less Firm Name: A ASSOCIATES,INC. Authorized Representative's Name: 9u E ELYN LOONEY Authorized Representative's Title: BICE SINT Address: CORDO TEs 951 SANSBURYS WAY City: WEST PALM BEACH State: FL Zip: � _ 33411 Telephone No.: 988-402-2950 Fax No.: 888.402-2951 Email: EVE LYNASSOC1ATEST°AF 1 NG XOM Federal I.D. #: 011 Type Organization: [ ] Individual [ ] Small Business [ ] Non-Profit [ ] Partnership [ ] Corporation [ ] Joint Venture Business is licensed (unless exempt by applicable law), permitted and certified to do business in the State of Florida: [ ]Yes ] No License # bUT APPu KAPI r EDE Oil,, Minority Business Status: [ ] Black [ ] Hispanic [ ] Woman [ ] Other Is your business certified as a minority business with any government agency? [ ] Yes [ ] No, If yes, please list below: Agency Name Certification Number Expiration Date C11N OF ORLANDO 2018976 03/31/22 STATE OF FLORIDA NO IID 8E8 03/05/22 ***CITY OF TAMPA MBE CERTIFICATION APPLICATION IIS PRESENTLY PENDING Sub-Contracting S ,bmittals rewired: Forms MBD-10, MBD-20 mush;be submitted with the bid proposal. Y signing this bid the Bidder complies with all of the requirements of the bid including but not limited to Communication Poli and City of Tampa (Ethics Code contained in Section 4 of the GENERAL CONDITIONS. 11/03/20 Authorized Signature: 20 Page 686 0 949 Too, Failure to CornfAete, Sion and 1_ 111 Both, Forrim 10&20 SHALL renderthe Bid or Provosal No e ........---.......... �09,rlsne Page i of 4— DMI Solicited/Utilized Schedules City of Tampa— Schedule of All Solicited Sub-(Contractors/Consultants/Suppliers) (FORM MBD-10) Contract No,:21-P-00012 Contract Name: TEMPORARY BOR FOR MCKAY SAY REFUSE-T.0- iY-EA-01—Lrry (SHELTERED MARKET SOLICITATION) BID #11110320 --- Company Name: A&ASSOCIATES,INC. Address: 951 SANSSURYS WAYP WP8,FL 33411 Federal ID: 80-0668911 Phone:888-402-2950 Fax: 898-402-2951 Email: EVELY N@ASSOCIATESTAFFING.CO M Check applicable box(es). Detailed Instructions for completing this form are on page 2 of 4. No Firms were contacted or solicited for this contract. No Firms were contacted because: A a ASSOCIATES IIS A 1009 SELF-PERFORMING MBE/SBE FIRM See attached list of additional Firms solicited and all supplemental information (List must comply to this form) Note:Form MBD-10 must list ALL subcontractors solicited incl0din0-Non-minorilyfsmall businesses NIGP Code Categories: Buildings=909, General=912, Heavy=913, Trades=914, Architects=906, Engineers&Surveyors=925, Suppiier=912-77 S=SLBE Type of Ownership Trade or Contact W=WMBE (F=Female M=Male) Services Method Quote 0=Neither Company Name BF BM=African Am. L=Letter or Address HF HM=Hispanic Response NIGP Code F=Fax Federal ID Phone, Fax,Email AF AM=Asian Am. (listed E=Email Received NF NM=Native Am. YIN assss ....... CF CM=Caucasian above) P=Phone .................................. 80-0668811 A&ASSOCIATES LOCAL: .............. 550 N REO STREET BM 561320 E y TAMPA,Ft 33609 .......... ... . ......... .......... ............... —--—-------- It is hereby certified that the information provided is an accurate and true account of contacts and solicitations for sub-contracting opportunities on this contract. Name/Title: MS,EVELYN LOONEY Date: 11/03/20 Signed: Fa Failure to Com tAe, n and Subm Buth Forms 10&20 3HALL render the Md or Pr000szdr No -Resgngi5jVe Fornis must be included'Mith Bid/Pre ["p," . ........... MBD 10 rev./effective 02/2016 21 Page 687 of 949 Page 2 of 4— DMI Instructions for completing The Sub-(Contractors/Consultants/ Suppliers) Solicited Form This form must be submitted with all bids or proposals. All subcontractors (regardless of ownership or size) solicited and subcontractors from whom unsolicited quotations were received must be included on this form. The instructions that follow correspond to the headings on the form required to be completed. Note: Ability or desire to self-perform all work shall not exempt the prime from Good Faith Efforts to achieve participation. • Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • Contract Name.This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name.The name of your business and/or doing business as(dba)if applicable. • Address.The physical address of your business. • Federal ID.FIN.A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax.Fax number for business. • Email. Provide email address for electronic correspondence. • No Firms were contacted or solicited for this contract. Checking the box indicates that a pre-determined Subcontract Goal or Particiiation Plan ggqykWent was not set by the City resulting in your business not using subcontractors and will self perform all work. If during the performance of the contract you employ subcontractors, the City must pre-approve subcontractors. Use of the "Sub-(Contractors/Consultants/Suppliers) Payments" form (MBD Form-30) must be submitted with every pay application and invoice. Note: Certified bidding as Primes :i c r,,: ru,,, from outreach and solicitation of subcontractors. • No Firms were contacted because.Provide brief explanation why no firms were contacted or solicited. • See attached documents. Check box, if after you have completed the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the form. All DMI data not submitted on the MBD Form-10 must be in the same format and have all requested data from MBD Form-10 included. The fbllowin�u instructions are for information of any and all subcontractors solicited. • 66S"=SLBE,"W"=WMBE.Enter"S"for firms Certified by the City as Small Local Business Enterprises and/or "W"for firms Certified by the City as either Women/Minority Business Enterprise; 110"=Non-certified others. • Federal ID.FIN.A number assigned to a business for tax reporting purposes. This information is critical in proper identification and payment of the contractor/subcontractor. • Company Name,Address,Phone&Fax. Provide company information for verification of payments. • Type of Ownership.Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services,or Materials indicate the trade, service, or materials provided by the subcontractor. NIGP codes aka"National Institute of Governmental Purchasing"are listed at top section of document. • Contact Method L=letter,F—fax,E=Email,P=Phone. Indicate with letter the method(s)of soliciting for bid. • Quote or Resp. (response)Ree'd (received) YIN. Indicate"Y" Yes if you received a quotation or if you received a response to your solicitation. Indicate "N" No if you received no response to your solicitation from the subcontractor.Must keep records: log,ledger,documentation,etc. that can validate/verify. If additional information is required or you have questions, please contact the Equal Business Opportunity Program Minority and Small Business Development Office at(813)274-5522. 22 IJ Page 688 of 949 FaHure to Conuslate-S and Submit Both For is 10 &20 SHALL.ref"Ider the Bid or Proposal Noir Re . .... ............................Bot.. ------- Page 3 of 4— DMI Solicited/Utilized Schedules City of Tampa— Schedule of All To-Be-Ukill zed Sub-(Contractors/Consultants/Suppliers) (FORM MBD-20) Contract No.: 21-P-00012 Contract Name: TEMPORARY(LABOR FOR MCKAY BAY REFu5,9-T, mENERGy_FAC1LrTY [SKEjjKRZR_MASOUgr,TA , _TLQN�).. ..... #1 li X20 Company Name: A&ASSOCIATES Address:CORP.,951 SANSBURYS WAY,WPB,FL 33411 Federal ID: 80-0668811 Phone: 888-402-2950 Fax: 889-402-2951 Email: EVELYN @ASSOCIATESTAFFING.COM Check applicable box(es). Detailed Instructions for completing this form are on page 4 of 4. [xi See attached list of additional Firms Utilized and all supplemental information (List must comply to this form) Note:Form MBD-20 my mail businesses No Subcontracting/consulting (of any kind)will be performed on this contract. No Firms are listed to be utilized because: NIGP Code General Categories: Buildings=909, General=912, Heavy=913, Trades=914, Architects=906, Engineers&Surveyors=925, Supplier=912-77 Enter"S"for firms Certified as Small Local Business Enterprises,, r firms Certified as Wornen/Minomy Business En 0'for Othm.er Non-Certified _ Certi S=SLBE Type ofTrade, Ownership W=WMBE (F=Fernale M=Male) Services,or $Amount Percent 0 Neither Company Name OF BM African Am. Materials of Quote. of = Address HF HM=Hispanic Am. Letter of Scope or Phone,Fax,Email AF AM=Asian Am. NIGP Code Intent(LOI) Contract Federal ID NF NM=Native Am. Listed if available % CF GM=Caucasian above ............. —_ ....... 80-0668812 A&ASSOCIATES LOCAL OFFICE BM 561320 100% 100% SSO N REO STREET TAMPA,FIL 33609 . ....................4__ ——- -------- .. ........ Total ALL Subcontract I Supplier Utilization$ N/A Total SLBE Utilization$ . ......100% Total WIVIBIE Utilization$ Percent SLBE Utilization of Total Bid/Proposal Amt. 100 % Percent WMBE Utilization of Total BidvProposal Amt. 100 % It is herebylified t t the followi information is a true and accurate account of utilization for sub-contracting opportunities on this Contract. Signed. ' 1 1 111 1-, Namerritle: Date: EELLOOE11/03/20 Fai!'re to Or p! S11r.1r,and Su, rift Both i"Orn"m 10 _&20D SHALL render the Bid ro,13osal Non-Resi,)ons0ve 2.......——------------- Forms must be inchuded with Bldi Pro, M131320rev./effective 0212016 23 Page 689 6i 949 Page 4 of 4 DMI—Solicited/Utilized Instructions for completing The Sub-(Contractors/Consultants/Suppliers) to be Utilized Form on rri MBD-20) This Lorm MUSt be submitted with all bids or Tajwsals. All subcontractors tUgardless-ef ownershig or ke proLected to be ud :li,- ,,ed must be included on tki:sL6rm, Note: Ability or desire to self-perform all work shall not exempt the prime _ from Good Faith Efforts to achieve participation. Contract No. This is the number assigned by the City of Tampa for the bid or proposal. • Contract Name.This is the name of the contract assigned by the City of Tampa for the bid or proposal. • Contractor Name.The name of your business and/or doing business as(dba)if applicable. • Address.The physical address of your business. • Federal ID.FIN. A number assigned to your business for tax reporting purposes. • Phone. Telephone number to contact business. • Fax.Fax number for business. • Email, Provide email address for electronic correspondence. • No Subcontracting/consulting (of any kind)will be performed on this contract. Checking box indicates your business will not use subcontractors when no Subcontract Goal or Partigi uirement was set by the City,but will self-perform all work. When subcontractors are utilized during the performance of the contract,the "Sub-(Contractors/Consultants/Suppliers) Payments" form (MBD Form-30) must be submitted with every pay application and invoice. Note: certified Si o�, bidding as PrimesLu- from outreach ........,:.....................___............... and solicitation of subcontractors,including completion and submitting Form-10 and Form-20. • No Firms listed To-Be-Utilized. Check box; provide brief explanation why no firms were retained when a foal or participation Man requirement was set on the contract. Note: mandatory compliance with Good Faith Effort outreach(GFECP)requirements applies(MBD Form-50) and supporting documentation must accompany the bid. • See attached documents. Check box, if after completing the DMI Form in its entirety, you need more space to list additional firms and/or if you have supplemental information/documentation relating to the scope/value/percent utilization of subcontractors. Reproduce copies of MBD-20 and attach. All data not submitted on duplicate forms must be in the same format and content as specified in these instructions. The_followi�qg,instructions are for information of Any and All subcontractors To Be Utilized. • Federal ID. FIN. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. • 66S" = SLBE, "W" = WMBE. Enter "S" for firms Certified by the City as Small Local Business Enterprises and/or"W"for firms Certified by the City as Women/Minority Business Enterprise; 11011=Non-certified others. • Company Name,Address,Phone& Fax. Provide company information for verification of payments. • Type of Ownership.Indicate the Ethnicity and Gender of the owner of the subcontracting business. • Trade, Services, or Materials (NIGP code if Known) Indicate the trade, service, or material provided by the subcontractor. Abbreviated list of NIGP is available at hqp./ "Information Resources". • Amount of Quote,Letters of Intent(required for both SLBEs and WMBEs). • Percent of Work/Contract. Indicate the percent of the total contract price the subcontract(s) represent. For CCNA only(i.e.Consultant A/E Services)you must indicate subcontracts as percent of total scope/contract. • Total Subcontract/Supplier Utilization. —Provide total dollar amount of all subcontractors/suppliers projected to be used for the contract. (Dollar amounts may be optional in CCNA depending on solicitation format). • Total SLBE Utilization. Provide total dollar amount for all projected SLBE subcontractors/Suppliers used for this contract. (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Total WMBE Utilization.Provide total dollar amount for all projected WMBE subcontractors/Suppliers used for this contract, (Dollar amounts may be optional in CCNA proposals depending on the solicitation format). • Percent SLBE Utilization.Total amount allocated to SLBEs divided by the total bid/proposal amount. • Percent WMBE Utilization.Total amount allocated to WMBEs divided by the total bid/proposal amount. If additional information is required or you have questions, please contact the Equal Business Opportunity Program Minority and Small Business Development Office at(813)274-5522. 24 Page 690 of 949 City of Tampa— DMI Sub-(ContractorsfSuppliers) Payments Partial Final ***A&ASSOCIATES ACKNOWLEDGES THIS FORM*** Contract N o,: 21-P-000 12 WO#,(if any) Contract Name: CpJERGY FACIUTY(5HELTERED MA LUIM....... BID#11110320 Contractor me: .. .................. Federal ID ....... ---- . Phone, Fax Email _ GC Pay Period —,—, Payment Request/Invoice Number: City Depaftent: Total Amount Requested for pay period: Total Contract Amount(including change orders):,-- NNType of Ownership-(F=Female M=Male), BF BM African Am., HF HIM= Hispanic Am., AF AM Asian Am., NF -1 Native Am., CFCM= Caucasian S= SLBE vl)eAmount To Be Amount Paid : Trade/Work Company Name Total To Date Paid ActivIty I For This Period Address Sub Contract []Sub Phone & Fax Or PO Amount [jSup.21ier Amount Pending Sub Pay Period Previously Ending Date Federal ID Resrted ............... .......... $ —--—------- . ...... .... $ ................ $ ..................... Certification: I hereby certify that the above information is a true and accurate account of payments to sub– contractors/consultants on this contract. EVEL Signed NameMtle ......MS. veru /20............. Date: tA_'L�' - (Mo 'tying .his Form ori allure to Complete and Sign May Result in Non-Compliance) DMI form 30(rev. 03/12/10) Pg—of See attached for additional information. 25 Page 6914949 Instructions for completing The DMI Sub-(Contractors/Consultants/Suppliers)Payment Form (Form MBD-30) This form must be submitted with all invoicing or payment requests where there has been subcontracting rendered for the pay period. If applicable, after payment has been made to the subcontractor, "Waiver and Release of Lien upon Progress Payment", "Affidavit of Contractor in Connection with Final Payment", or an affidavit of payment must be submitted with the amount paid for the pay period. The following will detail what data is required for this form. The instructions that directly follow are for the form heading information pertaining to the project and prime. (Modifying or omitted information from this form my result in non-compliance.) Contract No. This is the number assigned by the City of Tampa for the bid or proposal W.O.# If the report covers a work order number(W.O.#)for the contract,please indicate it in that space. Contract Name.This is the name of the contract assigned by the City of Tampa for the bid or proposal. Contractor Name.The name of your business. Address. The physical address of your business. Federal ID.A number assigned to a business for tax reporting purposes. Phone. Telephone number to contact business. Fax.Fax number for business. Email.Provide email address for electronic correspondence. Pay Period. Provide start and finish dates for pay period. (e.g. 05/01/07—05131107) Payment Request/Invoice Number. Provide sequence number for payment requests. (ex. Payment one, write 1 in space,payment three,write 3 in space provided.) City Department. The City of Tampa department to which the contract pertains. Total Amount Requested for pay period.Provide all dollars you are expecting to receive for the pay period. Total Contract Amount (including change orders). Provide expected total contract amount. This includes any change orders that may increase or decrease the original contract amount. Signed/Name/Title/Date. This is your certification that the information provided on the form is accurate. See attached documents. Check if you have provided any additional documentation relating to the payment data. Located at the bottom middle of the form. Partial Payment. Check if the payment period is a partial payment, not a final payment. Located at the top right of the form. Final Payment.Check of this period is the final payment period. Located at the top right of the form. The following instructions are for information of any and all subcontractors used for the pay period. (Type)of Ownership.Indicate the Ethnicity and Gender of the owner of the subcontracting business or SLBE. Trade/Work Activity. Indicate the trade, service, or material provided by the subcontractor. Subcontractor/SubConsultant/Supplier. Please indicate status of firm on this contract. Federal ID. A number assigned to a business for tax reporting purposes. This information is critical in proper identification of the subcontractor. Company Name,Address,Phone& Fax. Provide company information for verification of payments. Total Subcontract Amount.Provide total amount of subcontract for subcontractor including change orders. Amount Paid To Date.Indicate all dollars paid to date for the subcontractor. Amount Pending,Previously Reported. Indicate any amount previously reported that payments are pending. Amount To Be Paid for this Period. Provide dollar amount of dollars requested for the pay period. Sub Pay Period Ending Date. Provide date for which subcontractor invoiced performed work. Forms must be signed and dated or will be considered incomplete. The company authorized representative must sign and certify the information is true and accurate. Failure to sign this document or return the document unsigned can be cause for determining a company is in non-compliance of City of Tampa Code of Ordinances, Chapter 26.5. If any additional information is required or you have any questions, you may call the Minority Business Development Office at(813)274-5522. 26 Page 692 of 949 EXHIBIT 1 - CITY OF TAMPA INSURANCE REQUIREMENTS Prior to commencing any work or services or taking occupancyunder that certain ri en agreement or award (for purposes of this documents Agreement) between the City of Tampa, Florida (City) and Firm) ward / ucce ul P o r/Contractor/Consul nt/Les e/non-Ci , etc. (for purposes of this document, Firm) to which this document is attached and incorporated a an Exhibit or otherwise, and continuing during the to of said Agreement (or longer if the Agreement and/or this document so requires), Fir shall provide, pay for, and maintain insurance against claims which may arise from or in connection with the performance of the Agreement (including without limitation occupancy and/or use of certain property/premises) by Firm, its agents, representatives, employees, suppliers, subtenants, or subcontractors (which term includes sub-consukants, as applicable) of any tier subject the terms and conditions of this document. Should at any time Firm not maintain the insurance coverages required, City at its sole option (but without any obligation or waiver of its rights) may tenninate the Agreement. All provisions intended to survive or to be performedsubsequent to the expiration or termination of the Agreement shall survive, including without limitation Firm's obliation to maintain or renew coverage, provide evidence of coverage and certified copies of policies, etc. upon City's request and/or in response o a potential claim, litigation,etc. followingThe r required: ("M"indicatesmillion(s),for example is$1,000,000) A. Commercial General LiabilityMLlInsurance on the most current Insurance Services Office(ISO) Form CG 00 01 or its equivalent on an "occurrence" basis (Modified Occurrence or Claims Made forms are not acceptable without prior written consent of the City). Coverage must be provided o cover liability contemplated y the Agreement including without limitation premises and operations, independent contractors,contractual liability, products and completed operations, property damage, bodily, personal and advertising injury, contractual liability, explosion, collapse, underground coverages, personal injury liability, death, employees-as-insureds. r u and completed operations liability coverage maintained for at least years after completion of work. i B r occurrence Agreements valued at $2M or less, if valued over $2116111, a generallimit 1exceeds the value. If a general aggregate limit applies, it shall apply separately to the prof to tion(ISO CG 25 03 or 2 04 or equivalent). B. Ai i iii ( r in accordance withFlorida law, as to e ownership, maintenance, and use of all owned, non-owned, leased, or hired vehicles. AL icombined singleit each occurrence bodily injury and property damage for Agreements valued at$100,000 or less or combined1 1 limit it injury and property damage for Agreements valued $100,000. If transportation of hazardous material involved,the - 0 endorsement(orequivalent). C. Worker's i Employer's L1aV1JftX Insurance for all employees engaged under the Agreement, Worker's a tion as required by Florida law. Employer's Liabilityi i limits $500,000 bodily injury by accidentaccident, bodily injury li limit,and bodilyinjury disease each employee for Agreements valuedr oraccident each accident,bodily injuryli limik and bodilyinjury by diseaserall other . Liability for Agreements vale t $2M or more, at I $4M per occurrence in excess of underlying limits and no more restrictive than underlying coverage for all work performed by Firm. May also compensate for a deficiency in CGL,AL,or WC. Firm ' i insurance i amounts of insurance coverager any type of claimllosst i . _ - Insurance is to be placed with insurers admitted in the State of Florida and who have a current A.M. st rating of no less than A-:V11 or, if not rated by A.M. Best, as otherwise approved by the City in advance and in writing. AQQECQnAL INSURED - City, its elected officials, departments, officers, o cils, and employees shall be coveredas additional insureds on all liability coverage (e. . CGL, AL, and Excess (Umbrella) Liability) as to liability arising out of work or operations performed by or on behalf of Firm including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of Firm. Coverage can be provided in the form of an endorsement to Firm's insurance(at least as broadas ISO FormCG 20 10 1185 or both CG 10 20, CG 20 26,C 20 33, or CG 20 38 and CG 20 37 if later revisions ). 27 ° Page 693 of 949 CANCELLATION/NON-RENEWAL— Each insurance policy shall provide that at least 30 days written notice must be given to Ci of an cancellation intent to non-renew, or material reduction in coverage (except aggregate liability limits and at City Y , m9 { p 99re9 tY ) least 10 days' notice for non-payment of premium. Firm shall also have an independent duty to notify City in like manner, within 5 business days of Firm's receipt from its insurer of any notices of same. If any policy's aggregate limit is reduced, Firm shall directly take steps to have it reinstated. Notice and proof of renewal/continued coverage/certifications, etc. shall be sent to the City's notice (or Award contact) address as stated in the Agreement with a copy to the following: ® Purchasing Department, 306 E Jackson Street,Tampa, FL 33602 ® Other: City of Tampa Insurance Compliance clo Ebix BPO_ PO Box 1000$5-ZS, Duluth, GA 30096 CERTIFICATE OF INSURANCE (COI) AND ENDORSEMENTS—to be provided to City by insurance carrier prior to Firm beginning any work/services or taking occupancy and, if the insurance expires prior to completion of the work or services or Agreement term (as may be extended),a renewal COI at least 30 days before expiration to the above address(es). COIs shall specifically identify the Agreement and its subject (project, lease, etc.), shall be sufficiently comprehensive to insure City (named as additional insured) and Firm and to certify that coverage extends to subcontractors'acts or omissions, and as to permit the City to determine the required coverages are in place without the responsibility of examining individual policies. Certificate Holder must be The City of Tampa,Florida. CLAIMS MADE — If any liability insurance is issued on a claims made form, Firm agrees to maintain such coverage uninterrupted for at least 3 years following completion and acceptance of the work either through purchase of an extended reporting provision or purchase of successive renewals. The Retroactive Date must be shown and be a date not later than the earlier of the Agreement date or the date performance/occupancy began thereunder. DEDUCTIBLES/ SELF-INSURED_RETENTIONS(SIR)—must be disclosed to City and, if over$500,000, approved by the City in advance and in writing, including at City's option being guaranteed, reduced, or eliminated (additionally if a SIR provides a financial guarantee guaranteeing payment of losses and related investigations, claim administration, and defense expenses). Firm shall be fully responsible for any deductible or SIR (without limiting the foregoing a policy with a SIR shall provide or be endorsed to provide that the SIR may be satisfied by either the City or named insured). In the event of loss which would have been covered but for a deductible or SIR, City may withhold from any payment due Firm, under any agreement with the City, an amount equal to same to cover such loss should full recovery not be obtained under the policy. PERFORMANCE, — All insurance policies shall be fully performable in Hillsborough County, Florida (the County), and construed in accordance with Florida law. Further, all insurance policies must expressly state that the insurance company will accept service of process in the County and that the exclusive venue for any action concerning any matter under those policies shall be in the appropriate state court of the County. PRIMARY PO i - Firm's insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 0104 13 as to the City, its elected officials, departments, officers, and employees.. Any insurance or self-insurance maintained by the City, its elected officials, departments, officers, and employees shall be excess of the Firm's insurance and shall not contribute with it. .UNAVAILABILITY—To the fullest extent permitted by law, if Firm is out of business or otherwise unavailable at the time a claim is presented to City, Firm hereby assigns to the City all of its right,tide and interest(but not any liabilities or obligations) under any applicable policies of insurance. WAIVER OF SUBROGATION—With regard to any policy of insurance that would pay third party losses, Firm hereby grants City a waiver of any right to subrogation which any insurer of Firm may acquire against the City by virtue of the payment of any loss under such insurance. Firm agrees to obtain any endorsement that may be necessary to affect such waiver, but this provision shall apply to such policies regardless. REVISED 3/13/2020 t ' 28 Page 694 of 949 Underutilized WMBE Primes by Industry Category �anstructbn Construction-delated I�r'ofessi®n'alo'i';,'1'rDfe anai, n s Black Asian Black Black Black __.r .. Hispanic Native Am. Hispanic Asian Hispanic Native Am. Woman Asian Native Am. Asian Woman Native Am. - Native Arm Woman Woman Underutilized WMBE Sub-Contractors/Sub-Consultants lConstruction 9 nstrucilan- ated p of n n �rcrfiessionai wads �� Black iaetc _�lack. Black --- ----- .� _ . ...... Asian Hispanic Asian Asian Native Am. Asian Native Am. Native Arn. Woman ative Woman ................ - -------- Woman n Policrr The Guidelines apply tofor mIprocurements andsolicitations. 46MBEpartiapanonwilIbenarrrtwly-tailored. Index Black=glac!g"African-American Business Enterprise • His panic=Hispanic Business Enterprise Asian-Asian Business Enterprise NativeNanrveArnefican Business Enterprise Warrian=Woman Business Enterprise(Caucasian) Industry CateOrles ��rastrteeBi r�is defined as: newconstruction,renovation,restoration,maintenance of public improvements and underground utilities, �ons¢rn�etl�n-Mate 3s ' Sara:defined as. architecture,professional engineering,landscape architecture,designbuild,construction management services, or registeredsutveyingand mapping. are defy ned as:attorney,accountant,medical doctor,veter Ina ri an,miscellaneous c onsu Ita nt,etc. Non-pr.olessiQsig servicesare defined asAawn malritenance,pal ntirig jaraii,printing,haul ing,security guard,etc, kattlis are defined aso all supplies,materials,pipes,equipment,machinery,apphances,and Cather commodities. 29 Page 695 of 949 Race€Et#_..1189118 _._ gntmn No, .. 1002420 f JULY 1 ST, 2020 2021 i�"cng Period�:s�rnrnactgnt€ _.. arad. pnirg� �r�Ln�r C3,_.� Total: 299.40 Dated 10/18/2020 Applicafion No. Q hic,Elsa 'Cax Receipt does not permit ft hakfor to opeadta in Va la bon of any City Law or Ordinance InckdIng,W not IrMsd ftp,ZQd0QAod9bff=Lwd gggpgukhons.If In doull,ft VvMorsh d varity ftt he or.he has ft app ata zonirV by callko the Offl e of Lmd Dovs4opment GoordinaVon of 2-14-31 Bu MnessTaax RwNpt muot be coro*uous4F posbad in pIacs of hzi ,s. ..... . ..:.......... tassitic tion Description . mount_._.. ... .,... .... 048001 EMP AGENCY-2 TO 5 COUNSELORS $289.40 2021 993000 ADMIN HANDLING FEE $10.00 C:ITI OF TAX1PA TAX RECEIIv BUSINESS TAA: MVISION 13Y: WEB I� Business Name and Address Business Name and Location A&ASSOCIATES A&ASSOCIATES 3201 DALLAS PKWY STE 277 550 N RED ST FRISCO TX 75034 TAMPA FL 33609 Page 696 of 949 CITY OF Ira& ORLANDO CITY OF ORLANDO M/WBE CERTIFICATION AWARD LETTER- EXPIRATION ETTEREXPIRATION DATE: 5/31/2022 CERTIFICATION NUMBER: 20189762 CERTIFICATION TYPE: MBE COMPANY NAME: A & ASSOCIATES, INC. 4861 South Orange Avenue Orlando, FL 32806 OWNER NAME: ANDREW LUCHEY CERTIFIED LINES) OF BUSINESS/SPECIALTY AREAS): Security Guard Services (Armed/Unarmed); Temporary Staffing Services; Vocational Training Services; Academic Tutoring Services; and Payroll Administration EXECUTIVE F fi s MINORITY BUSINESS ENTERPRISEDIVISION Orlando City Hall - 400 South Orange Avenue ° Eighth Floor 7 Box 4990 . Orlando, FL 32802-4990 P 407146.2623 - cityoforla do.n l: Page 697 of 949 4 E h �ZN t, N CV a ,. N v E 4 e 0 LO `_/ M0 O ,4 Qvs f �' N ., . 0O ko k5 I; j^ A s, 5 tG x �£ I Page 698 of 949 7.C. Consent Bids and Purchases Over $100,000 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Approve piggybacking the National Purchasing Co-Operative BuyBoard contract#603-20 for the purchase of uniforms for Police and Fire with an estimated annual expenditure of$200,000. The BuyBoard procurement process satisfies the City's competitive bid requirements. Explanation of Request: Contract Term: April 1, 2020 thru March 31, 2023 Piggybacking is a standard practice in procurement whereby government entities can utilize contracts already negotiated by other other government entities to exact the same terms and pricing from vendors for goods and services. The City's Purchasing Policy allows for the utilization of this method of procurement. Piggybacked contracts allow multiple government entities to benefit from competitively solicited bids, providing for better buying power and access to products. This method is encouraged when it is determined that it will provide the best product/service at the best price without compromising any of the specifications or quality desired. This contract will supersede the current contract being piggybacked, Broward Sheriff's office Contract# 14036AG. The BuyBoard contract offers access to Gall's entire catalog versus BSO which was limited to items that Broward purchases. This will be beneficial as uniform standards and type of permitted gear changes. The contract allows for additional savings beyond the 15%, which Gall's has agreed to apply as stated on the price sheets. This approval will allow for the continue purchase of uniforms for the City's Police and Fire Departments as well as items stocked at the Warehouse. How will this affect city programs or services? This purchase will provide uniforms for Police & Fire Rescue. Fiscal Impact: Funds are budgeted and available for the following accounts: 502-0000-141-0100 001-2110-521-5222 001-2111-521-5222 001-2112-521-5222 001-2210-522-5222 FY 20/21 expenditures were $135,539.26 FY 21/22 current to date expenditures are $82,251.08 Alternatives: Not approve the contract and continue to use BSO which will limit access to gear. Strategic Plan: Page 699 of 949 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Addendum First Renewal D Addendum Award Letter D Addendum Second Renewal D Addendum Discounts D Addendum Police Pricing D Addendum Fire Pricing Page 700 of 949 P.O. Box 400,Austin,Texas 78767 AVBoard 800.696,2919*info@buyboard.com * buyboard.corn March 3, 2021 Sent via email to: smeltzer-amelia(&galls.com Amelia Smeltzer Galls, LLC 1340 Russell Cave Rd. Lexington KY 40505 Re: Public Safety and Firehouse Supplies and Equipment BuyBoard Contract 603-20 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Public Safety and Firehouse Supplies and Equipment, Contract 603-20 effective April 1, 2020 through March 31, 2021,with two possible one-year renewals.At this time, the BuyBoard is renewing your contract through March 31,2022. All discounts,terms, and conditions of your contract will remain the same. If you agree to this renewal,there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at lisa.maradenptasb.org prior to the start of the renewal term. Reminder: Once a BuyBoard contract is awarded, vendors must generate a minimum of$15,000 annually or they may not be offered a contract renewal. If you have questions or comments concerning this renewal, please contact me as soon as possible at lisa.niaraden@tasb.org,. We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, '- fG�_ :P Lisa Maraden Contract Administrator 11t renewal v.02.13.2020 Endorsed by low" TASAT V.- T,h Page 701 of 949 M_ N,mona!Sdiool Endorsed Ley ,NSBAI o 41 tso,i�i�i m February 10, 2020 Sent Via Email: smeltzer-amelia@galls.com Amelia Smeltzer Galls, LLC 1340 Russell Cave Rd. Lexington, KY 40505 Welcome to BuyBoard! Re: Notice of Nation/Purchasing Cooperative Award Proposal Name and Number: Public Safety and Firehouse Supplies and Equipment, Proposal No. 603-20 Congratulations, The National Purchasing Cooperative (National Cooperative) has awarded your company a BuyBoard@ contract based on the above-referenced Proposal. As provided for in the Proposal and your National Purchasing Cooperative Vendor Award Agreement, you are authorized to sell the goods and services awarded under the Proposal to National Cooperative members in states other than Texas through the BuyBoard. The contract is effective 4/1/2020 through 3/31/2021, with two possible one-year renewals. The National Cooperative membership list is available at our website www.buyboard.com/vendor. The list identifies the current members that may purchase awarded goods and services under your National Cooperative BuyBoard contract. You are advised that receipt of a purchase order directly from a National Cooperative member is not within BuyBoard guidelines. Accepting purchase orders directly from Cooperative members may result in a violation of applicable competitive procurement law and termination of this National Cooperative BuyBoard contract. Therefore, all purchase orders from National Cooperative members must be processed through the BuyBoard. Please forward by e-mail to info@buyboard.com any order received directly from a National Cooperative member. If you inadvertently process a purchase order sent directly to you by a National Cooperative member, please fax the order to the above number and note it as RECORD ONLY to prevent duplication. As an awarded vendor a BuyBoard user id and password will be sent via e-mail 2 to 3 business days prior to the start of your contract. On behalf of the National Cooperative, we are looking forward to your participation in the program. If you have any questions, please contact Cooperative Procurement Staff at 800-695-2919. Sincerely, Arturo Salinas Department Director, Cooperative Procurement v.6.5 1 �i <S\�sti�"N1 PO.Box 400,Austin Texas 78767-0400 800.635.2919•buybcard.com —�- Aft g 7MO 949 ° P.O. Box 400,Austin,Texas 78767 VBoard 800.695.2919 •info@buyboard.com • buyboard.com January 25, 2022 Sent via email to: smeltzer-amelia(a)galls.com Amelia Smeltzer Galls, LLC 1340 Russell Cave Rd. Lexington, KY 40505 Re: Public Safety and Firehouse Supplies and Equipment BuyBoard Contract 603-20 The Local Government Purchasing Cooperative (BuyBoard) awarded your company a contract under Public Safety and Firehouse Supplies and Equipment, Contract 603-20, for which the current term is set to expire March 31, 2022. At this time, the BuyBoard is renewing your contract through March 31, 2023. This will be the final renewal of this contract. All discounts,terms, and conditions of your contract will remain the same. If you agree to this renewal,there is nothing you need to do. However, if you do not agree to this renewal, you must notify me via email at lisa.maradfE0jqsb.or&prior to the start of the renewal term. If you have questions or comments concerning this renewal, please contact me as soon as possible at lise.mereden0tesb.or . We appreciate your interest in The Local Government Purchasing Cooperative. Sincerely, Lisa Maraden Contract Administrator final renewal v.02.13.2020 Endorsed by �® TA SAV V „x " ° Page 703 of 949 a ,0 L 70 L 70 L 70 L 70 L .V U U U U p v1 L O fn L O fn L O fn L O fn U. _ } N (n N N (n N N (n N N (n N O u► � Lu U0 �' U0 �' U0 �' U0 �' a a) u C a) ,1 LL o s ++ m ++ �► 0 !A O) O) O) 01 w R C O O O O C w s U U U U c u ZJUS, JUS, JUS, a J J J J CL cl R ; U � N U � U � uj� •� al W C d �- H d �► ^ '4�, o 0 0 0 0 M ' moo ' (AE = u .. o a= o0 U. ' a � � o w m a .� 9 1 LI LI LI LI a) � M = E ° � I 3 = w '� O u E o t CL a Lon n _ e\ CL M 0 d fA y °= y 'o m s = cL ; a,.0 0 o 2 " W s O 1L o. LY 0. M v _ O R L o Ud y cr ym E cL La 'G V a E ` R UCD . 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O •L C O •L O •L C O •L C 4. V J \ Q � C " d " d (O " a- 41 d C C cn G � 0 u E 0 L � 0 ~ 0 L � 0 u E � + N a ao O S .CL O � O O � cn O � .0 ro r-+ s U fu c� FO t v a) -a v FO � U fu -a a) O v �••I ( cn 41 co cn } co cn } O cn } co cn a-' co O L c D U � w D U B D U O a 0 U � a D U � w at 0 ZoLn u Ln of 949 N +0+ 41 0 {IJ N 6 G m 0 > O O N J S O LLL U U = z W W = cn t� a V 01 Ln 4- (� W 4- � p ._ O cn o C O O .OL rn oc C U E 'L O' O J _ a Q _ m � O m a 2 CD � C1 O ++ J E tB > m _ O CL O C. O 4- d W coz_ cr W N x -a o F- 4 L L L O � 'aa 0 � o 8 � o � I x o 3 � os a0o I W ' 10. cn G O m..... c } O O 3 -_ to C Z O 3: a) v o 4' _LL 0 a� c ea a N 3 t •V = N S � L to N d a y ii L co H c d o E = t+o ° p K w p p o X w CL L3 -0 L c O C W N W d Oa � .L W O � � U O N V 'a E V O 4 4. � N i d i� O Q O) o Z7 L fo .0 ++ (O O S ++ (n - (0 d �C (n Z _v (n K W (n Z v V "� "d L L W L N (O if C O 3fo Q a. 41 O a. '� � d ? co N a� o O O O o ' o cg O. fo aj a fl. Ln cu. Z ii c}n v fo 0Ln 0 a� N ro CL u) C to C 4 �O C ' I LAC 0 � 4(V) i � a„1 n � � 4j uo) � � ' L - +� d - M 'ca !0 cfo LA j TO n LA z E +) o = y O y cn y O N O Z ,u ao-,, +' m o � E c N a � N +' L N a � a d P@ o •y L c L = Q C+ O a Y aF c 'p c 'p w =OO O *O - O C f °13� =y n ° a o oG ° Ln E ' IA L Ln C V O A A N O �_ '= O 4U+ ++ } . '= O V Cl) 1.4 fo i u c0 = i (Jj J N J y N _ 4 d W -4.1 -O H J W + O O V) oCL O W - Q) _ W to O m a O cr - o O CD- a O c m E a m u 2 fo 2 W `L° a 2 fo c L li W 0 1-'.' O fo fo O o L L L -a 4 + Ln � c N O O L O LnL = O + W " 3U Ln Q � C 0 .�_' � a. Z:3 LL a .cv 2 L a � � 2 L a 0 0) L U +' �, u -O O °� c -a O °� c -o o °� E z c = cn cu c> o a� cn cG a ca � � � ii ra � � .CL C O O O a� O 0 L .V Q O L ra .V Q 0 O L ra .V a Ln a� c � + _0 4 ' .c ) 4 } .c ) + } C), 0 2 C " c; EU-) a- on c z - acnwa z - acnwa z - Scn �na a1' o � o cn E �, V) P-4of 949 BOYNTON BEACH POLICE DEPARTMENT sl Style OLss¢riptlon i 19KU 'LIST PRICE'k5%BUVB>?AR,¢DISCOUNT SUYBUARD CONTRACT PRICE 2022 PRICE LIS! Cih"Disaatrnt? BC239 A7097ClMOTOR WINGS CLUTCHBACK BC238 GLD $1833 15% $1388 $1030 3570% BD231 LAWPRO OAK LEAF INSIGNIA BD261 GLD LG $1351 15% $1140 $5.25 61.14% BP1393 PB 2X9 IF PANEL(SINGLE) BPi393 $1382 15% $1183 $1110 209B% CB052 Blackint�n Small Capt,Bars-PAIR CB052 GID $905 15% $769 $5.25 4189% CB513 LAW PRO STAR INSIGNIA CBS 13 GP LG 1STA $1559 15% $1325 $9.98 3602% CP140 CITATION HOLDER 2 PILL TICKET BOOK BLACK Cpl 40 $2599 15% $2209 $18.36 2034% FH301 TLR-1 HL GUN MOUNT FH301 FD $271.17 15% $240.15 $101.]5 4773% FT026 TACHYON O"GTX DUTY BOOT FT028 BLK $10035 15% $14140 $13].55 1731% FT1115 SALOMON-IFORCES MID GI FT1115 BLK 10M $20000 75% $17080 $15].50 2420% FT 31 AB00-BAD TRAIL LOW FT1731 BLK 10D $15589 15% $13259 $108.15 3007% FT1775 5.11 ATAC 20 BIN STORM SZ FT1775 BLK 10A $16120 15% $13702 $130.50 1002% FT 069 WOMENS CHARGED ASSERT B FT 069 BKBK 10M $7230 15% $0183 $50A0 3077% FT 070 UA CHARGED TOCCOA2 FT2070 BKGY 10M $7230 75% $0183 $50A0 3077% FT 4B7 GALLS BIN HIGH GLOSS BOOT FT 417 BLK 10M $3736 15% $7426 $50 A0 4231% FT 654 ALTAMA URBAN ASSAULT-MID FT 654 BLK 1 O $135.19 15% $11481 $E015 4020% FT2835 MERRELL BREACHER TACTICAL MID WE BOOT FT2835 BLK 10M $14555 75% $12372 $11].60 1020% FT 733 1 MICRO G VALSETZ BOOT FT 733 BLK 10M $14040 75% $11934 $105.00 2521% FT2735 UA MICRO GVALSETZZIP BOOT FT2735 BLK 10M $14560 15% $123]0 $110.25 2423% FT 737 1 WOMENS MICRO G VALSEI MID BOOT FT2737 BLK 10M $13000 15% $11050 $98.]0 2403% FT G46 UA CHARGED ASSERT 9 FT2348 ACNH IOM $7230 15% $0183 $.A0 3077% FT2353 REEBOK NANO TACTICAL O INCH DUTY BOOT FT2353 BLK 10M $13936 15% $11346 $100.80 2767% FT 50 EVO B'W/SIDEZIPPER FT750 BLK 1OR $11960 75% $10180 $100.00 1639% FT751 EVO 6 W W/SIDE ZIPPER FT BLK 1 O $15000 15% $13260 $120.75 2260% FW1T1 5.11 ATAC 208IN SZ FWITI BLK 10 $11440 75% $9724 $9x35 1735% FW 12 THOROGOOD SOFTSTREETS 1 DIN WEWNGTON NON SAFETY TOE FW512BLK10M $21340 15% $13564 $100.02 3539% FW594 THOROGOOD SIDE ZIP JUMP BOOT FW594 BLK 10M $17080 15% $15023 $135.80 23.19% FW MG BATES HIGH GLOSS DUTY OXFORDS FWOOBBLKIOM $3335 15% $75.10 $61.11 3033% FW 74 THOROGOOD GEN FLEX2 BIN WATERPROOF SIDE ZIP DUTY BOOT FW874BLK10M $19344 15% $16442 $107.23 2339% FW So MEN'S REEBOK ATHLETIC COMP TOE OXFORD FW733 BLK 10M $11232 15% $9547 $]0.35 3737% FW309 MEN'S REEBOK BIN SIDE ZIP COMP TOE QUARTER BOOT FWBO9 DIN 10M $15382 15% $13083 $105.00 3173% FX 11 GALLS BIN HI GLOSS BOOT FX 11 BLK 10 M $3736 15% $7426 $]036 1023% FX 99 1STELLAR BOOT FX099 BLK 10M $3339 75% $75.13 $]2.38 13.12% FX 26 MERRELL MOAB 2 MID WATERPROOF QUARTER BOOT FX626 BELO 10M $13720 15% $1 19 30 $110.25 1004% Il 312 GALLSAGENT WOMENS LTC SOFT SHELL JACKET JAI 312 BLK LG $0056 15% $5053 $4032 33.11% 107 511 TACTICAL BIG HORN JACKET JA507 BLK LG $9360 15% $7946 $]039 2031% IB5 PORT AUTHORITY CORE SOFTSHELL JACKET JX235 BLK LG WG $55.11 75% $4084 $38.33 3046% JX773 GALLSMEUS LTC SOFT SHELL JACKET I7B BLK LG $0056 15% $5653 $45.36 3185% LP1617 SAM BROWNE SHOULDER STRAP LP 1617 BKBW GLD SHT $7085 15% $6541 $110 1553% LP415 6360 ALS DUTY HOLSTER LEVEL III RETENTION LP415 BLH 145 $22B 2B 15% $19404 $102.30 3765% NP1 OF BIANCHI ACCUMOLD DUTY BELL NP160 BULL $6443 15% $5481 $43.3] 3275% NP181 7205 AC MOLD NYLON TROUSER BELT(INNER BELL) NP161 LG $2380 15% $2431 $18]0 3447% NP187 ACCUMOLO DOUBLE HANDCUFF CASE NP167 $2974 15% $2530 $21121 3203% NP183 ACCUMOLD BELT KEEPERS NP163 BLK $1784 15% $1525 $1210 2077% NP 169 ACCUMOLD MKIII MACE CASEHIDDENSNAP CASE UP 69 $2380 75% $2453 $19.11 337B% NP 177 ACCUMOLD GLOVE PAGER CASE NP177 $31 46 15% $2674 $21195 3342% NP530 ACCUMOLD EXPANDABLE BATON HOLDER 21 IN NP530 $25 22 15% $21 44 $1630 3443% N 00 JO SERVING SINCE BAR NT 09 GLD 00 $1602 15% $1361 $11 Al 2375% A 03 ACCUMOLD UNIVERSAL RADIO HOLDER W/SWIVEL RC031 BLK $4920 15% $4189 $3120 36 RS012 SMITH WESSON NICKLE HINGED CUFFS NO ENGRAVING MODEL 300 RS012 $4627 15% $3933 $21A0 5401% AS093 -G NYLON HOBBLE RESTRAINT AS093 $2381 15% $2032 $1610 2074% AS 145 TRA FOLD DUTY RESTRAINTS APACK RS145 BLK $2782 75% $2365 $1610 3001% SG103 LAW PRO POLYESTER IS CLASS A SHIRT SG1o3 BLK LG WG $29.11 15% $2474 $1]12 4153% SG183 STRYKE PDU WOMENS SS PATROL UNIFORM SHIRT CLASS B SG163 BLK LG WG $3340 15% $75.14 $]510 15.16% SG2T STRVKE PDU MENS SS PATROL SHIRT CLASS SG2T BLK LG WG $3340 75% $75.14 $]510 15.10% SNOB MENS US DAC/COTTON SHIRT SNOBLTB 1 45 31 $6443 15% $5481 $40.10 3161% AH020 MENS FLYING CROSS SS UNIFORM SHIRT SH020 LTB 145 $5653 15% $4309 $3]A9 3375% SHOO WOMEN'S S/S DAC/COT UNIFORM SHIRT H047 GR Y 30 $5653 15% $4309 $A11 2005% H043 WOMEN'S US POLY/COTON SHIRT :IT CRY 2B $6443 15% $5481 $5196 10.11% SIT 19 LADIES S/S COMMAND SHIRT SH119 NAV 43 $62.19 15% $5230 $0193 3253% SH1719 FILE ER TENX WOMENS S/S BDU SHIRT SH 1719 BLK LG REG $6759 15% $5745 $4813 2394% AH3177 FIRST TACTICAL MENS DEFENDER SHE SH3177 BLK LG REG $107.11 15% $9104 $E0.33 2501% SH599 BLAUER SUPER SHIRT 100%POLL S/S SHIRT SH599 BLK LG WG $6759 15% $5745 $5292 21 70%SM616 GALLS S/S TAC FORCE MESH POLO SM616 BLK LG $3639 15% $3083 $25.31 3046% AP201 BATES B INCH VELOCITOR SIDE ZIP WATERPROOF BOOT SP203 BLK 10 EW $10035 15% $14140 $136.00 1793% SP263 MENS BLACK POROMERIC COMMANDO PLUS BOOT SP26310M $22043 15% $18741 $10].82 3290% SP756 BATES WOMENS WE UL ZIP SP75610M $137.15 75% $15903 $136.50 27 o6% SPOP9 MOAB 231N TACTICAL WATERPROOF BOOT AP149 BLK10M $10035 15% $14140 $126.00 2420% SP379 MOAB 26 IN MID TACTICAL WATERPROOF BOOT SP379 BLK 10M $150 75 15% $123.14 $122.33 1330% SP909 MOAB 2 TACTICAL BOOT SP909 BLK 10M $119 55 15% $10162 $8925 2535% SR345 BLAUER WOMENS POLY LS SUPERSHIRT SR345 BLK 30 REG $7279 15% $6187 $119 2349% SA 79 247 WOMENS PERFORMANCE S/S POLO A 79 BLK LG $5081 15% $4327 $3038 3094% SR733 LIGHTWEIGHT 65/35 POLY/COTON RIPSTOP S/S SHIRT SR733 BLK LG REG $4159 15% $3535 $301] 2573% ST037 MENS CORNERSTONE SELECT SNAG PROOF TACTICAL US POLO A 03 BLI<LG $4055 15% $3447 $3110 10.15% ST110 TRU SPEC 247 LADIES US POLO ST 110 BLKLG REG $5081 75% $4327 $31.16 3379% ST125 GALS S/S GTAC POLO ST125 BLK LG $36 39 15% $3083 $910 2359% ST131 S/S POLYESTER BIKE PATROL POLO ST131 RBBK LG $6240 15% $5304 $50.30 1033% ST453 5BUTON V-NECK CARDIGAN SWEATER W/PKTS A 45 BLI<LG $4783 15% $4080 $3810 2047% SW1610 5.11 TACTICAL UNIFORM S/S POLO SHIRT W1 POCKET SW1610 ELK LG WG $50.16 15% $4774 $3195 3776% SW2333 MENS PERFORMANCE SS POLO SW2333 ABLU LG $4783 15% $4080 $3].15 2233% :S-39 511 TACTICAL UNIFORM S/S POLO SHIRT S-39 BIT LG REG $4982 15% $4243 $40.15 1057% w 72 UFX TACT KNIT S/S SHIRT SW872 BLI<LG $5522 75% $4084 $46 Do 1670% SW724 5.11 MENS PERFORMANCE S/S POLO SW724 BLI<LG $4982 15% $4243 $A33 2031% SW 26 5.11 PERFORMANCE US POLO SW726 BLI<LG $5720 15% $4382 $40A8 2224% SW750 TRUSPEC 24/7 S/S POLO SW750 ABLU LG $4467 15% $3787 $T]15 3700% SW359 TRU SPEC 24/7 ORIGINAL LONG SLEEVE POLO SW359 BIT LG REG $4976 15% $4327 $..702625% SW934 TACTICAL S/S POLO SW934 BFKLG $4982 15% $4243 $LOA, 19 So% SW991 TRU SPEC 247 LADIES S/S POLO SW991 BIT LG REG $4467 15% $3787 $-.78 4006% SW992 5.11 WOMENS TACTICAL S/S POLO SW992 BLK LG $4982 75% $4243 $36.72 2645% SW993 5.11 WOMENS PERFORMANCE S/S POLO SW993 BLI<LG $4982 15% $4243 $38.,8 2352% TE542 3X10 IF PANEL TE542 BLK CTM $1372 75% $1591 $13.13 2039% TL041 BLAUER TENX TACTICAL PANTS TL041 BLK 2B OF $6759 15% $5745 $50]8 2437% T 119 BLAUER TENX WOMENS TACTICAL PANTS TR1195 BLKOOOB $6759 15% $5745 $5012 2431% T 201 MENS DEFENDER PANT TR2010 BLK 2B 30 $16951 15% $14403 $102.80 1576% T 205 MEN'S 4PKi POLYESTER TROUSERS W/FUNNEL WAISTBAND TR2057 BLK 2B OF $6239 15% $5303 $4833 2221% T 206 WOMEN'S 4PKi POLYESTER TROUSERS W/FUNNEL WAISTBAND TR2062 BLK 0 OB $6239 15% $5303 $0]16 2361% T 207 W'S V2 TCTCL PANT TR2073 BLK REG $7071 15% $60.10 $49.35 3021% T 210 M'S V2 TCTCL PANT TR2105 BLK 2B 30 $70 71 15% $60.10 $49.35 3021% TR2124 BLAUER O POCKET POLYESTER TROUSER-UNNELFLEX WAIST TR2124 BLK 2B OF $7279 15% $6187 $60.11 1742% T 43 511 ICON TAC TICAL PANTS TAX 3B BLK 2B 30 $3340 15% $75.14 $61A3 3051% TR506 5.11 TAC LITE PANTS ISo6 BEEN 2B 30 $6240 15% $5304 $4810 2211% TR626 TACLITE PRO SHORTS TR626 BLK 2B $5720 15% $4382 $45.]1 2009% T 64 WOMENS TACLITE PRO PANT TR642 BLK 02 WG $6240 15% $5304 $4610 2500% TR335 511 PATROL SHORTS TR335 BLK 2B $7230 15% $6183 $5828 1095% T 90 5.11 STRYKE PANT W/FLEX TAC TR909 BEEN 2B 30 $3340 15% $75.14 $]2A1 1309% TR910 WOMENS STRYKE PANT TR930BLKOO WG $3340 15% $75.14 $]2A1 1309% 1125 BIKE PATROL PANT 1125 BLK 2B 30 $11960 15% $10180 $9320 2204% 1350 STRYKE PDU MENS PATROL UNIFORM PANT CLASS B 1350 BLK 30 OF $9380 75% $7956 $]BAD 1007% 1351 STRYKE PDU WOMENS PATROL UNIFORM PANT CLASS B 1351 BLK 10 OF $9360 15% $79 56 $]692 17 B2% T 45 MENS POLY TROUSERS W/FREEDOM FIT TU451 NAV 2B OF $33.19 15% $70 71 $5037 3021% T 74 FLYING CROSS FEMALE POLY TROUSERS TU745 NAV 10 REG $3527 15% $7243 $4911 4182% TUB03 BLAUER MENS TACTICAL TROUSER W/FUNNEL WAISTBAND TUB03 BLK 2B OF $109.19 15% $9231 $8632 2076% TAX 3IN POLYESTER CLIP ON TIE W/BUTTONHOLE UA494 BLI<WG $331 15% $706 $5.25 3632% ZA2136 71500 PRO SERIES SAFETY VEST EXi 33YNV LG PW $7176 15% $6100 $0]25 34.16% .3231 J5 SERIES NAME BAR .3231 GLD $1602 15% $13 61 $10.]] 3275% ZJ404 THOROG000 CROSS TRAINER PLUS BOOT ZJ40410M $21424 15% $182.10 $100.90 3237% BA035 ASP 2I IN EXPANDABLE BATON BA035 $17784 15% $151.10 $„8.00 3305% Page 715 of 949 EMBROIDERIES AND VALUE ADDED SERVICES ESi 3010 BOYNTON BEACH POLICE DEPT ASST CHIEF FL]PTSIR ES13010 $600 Es1em1 BOYNTON BEACH PoucE DEPT ADMwISTRAnoN FLTPT STAR Es1e0n $e00 ES13012 BOTH ON BEACH POLICE DEPT CAPTAIN FL]PT SIR Esiem2 $1 UP Es13013 GOYNTON BEACH POLICE DEPT CSI FL]PT SIR ES13013 $eoo ES13014 BOYNTON BEACH POLICE DEPT DETECTIVE FL]PTSIR Esi 3014 $6 UP ES10015 BOYNTON BEA CH EXPLORER POST 306 FL ES13015 $600 ES10016 BOYNTON BEACH POLICE DEPT OFFICER FL]PT STAR DC ES10016 $600 ES1301] BOYNTON BEACH POLICE DEPT SERGEANT FL]PT STAR ES1301] $600 EV02347 BOY TON BEACH EXPLORER POST 306 FL BADGE ED 2347 $1200 EY05635 BoVNTON BEACH POLICE DEPT OFFICER FIT]PTSIR WC Ey 5635 $600 EY06333 BOYNTON BE POLICE DEPT HONOR GUARDFLTPT STAR ED 6333 $600 EY06366 POLICE HONOR GUARD—GOLD EY06366 $600 EY00330BOYNTON BEACH POLICE DEPT NEGOTIATOR FIT 7P STAR ED 333S $600 G EY339 POLICE NEGOTIATOR TEXT EY00339 $550 EY09915 BOYNTON BEACH POLICE DEPT RECORDS FL]PTSIR ED 9915 $600 En4510 GOYNTON BEACH POLICE DEPT PSA FIT]PTSIR En4510 $600 EY15141 BOYNTON BE CH POLICE DEPT LIEUTENANT FL]PTSIR By 5141 $600 PEC01 1LINE RIGHT CHEST EMBROIDERY PEC01 $340 PECO2 2LNE RIGH TC HEST EMBROIDERY HECO2 $340 PEC05 SHIRT SLEEVE EMBROIDERY PEC05 $306 LA100 BU ON APPLICATION —`Wo $226 1106 BADGE TAB APPLICATION 1106 WP $221 UAE21 TEND BADGE TAB W/METAL EYELETS UAE2I DKNV $4]0 Page 716 of 949 style Style D-wlpti.. LISTPRIOE: 747.BUYSOARD DISCOUNT BUYSOARD CONTRACT PRICE (2022 PRICE LIST City Dluou.1,'.. BC1079 S191AUDSTARBURSTBADGE $8882 156 $]558 $8080 3151% BC346 C197 FIRE SCRAMBLE SEAL $384 156 $300 $300 1750% BC771 F145 BADGE $15750 156 $13303 $00.15 5002% BC321 S158B SHIELD BADGE $10040 156 $14144 $0720 5002% BD027 LEATHER BOOK STYLE ID&BADGE CASE $2205 156 $1074 $1000 1030% BD764 A11356 HONOR GUARD THREE COLOR BAR $2104 156 $1050 $11 03 4050% BD852 A2903-0 CROSSED BUGLES CUTOUT HAT BADGE $3305 156 $2005 $1000 4432% BD853 A2904 SINGLE VERTICAL BUGLES HAT BADGE/INSIGNIA $3305 156 $2005 $1005 4123% CB1510 A6958 LIBERTY&JUSTICE FOR ALL COLLAR BRASS 15/10 $2073 156 $2272 $1700 3273% CB1641 A6957 LIBERTY AND JUSTICE FOR ALL COLLAR INSIGNIA I I/8 $2073 156 $2272 $1032 2772% CB1726 0.11 AMERICAN FLAG COMMENDATION BAR $2104 156 $1850 $1575 2708% CB175 1/2IN 3 LETTER CUSTOM COLLAR BRASS PAIR $2000 156 $22.10 $2100 1023% CB188A2908-0 CROSSED BUGLE COLLAR BRASS $2740 156 $2334 $1032 2003% CB191 A2907 THREE CROSSED BUGLES CUT OUT COLLAR BRASS $2740 156 $2334 $1032 2003% CB192 A29064 CROSSED BUGLES CUT OUT COLLAR BRASS $2740 156 $2334 $1708 3408% CB2043 C115XL CROSSED BUGLE INSIGNIA $0050 156 $5058 $2835 5741% CB2044 C116XL-0 PARALLEL BUGLES INSIGNIA $0050 156 $5058 $2835 5741% CB2045 C119XL THREE CROSSED BUGLES INSIGNIA $0050 156 $5058 $2835 5741% CB2046 C122XL FOUR CROSSED BUGLES INSIGNIA $0050 156 $5058 $2835 5741% CB2103 SAB340 FIVE COLORS W/ENAMEL CROSS IN CENTER $2000 156 $1708 $1575 2428% CB424C183-0 BUGLE COL LAR INSIGNIA $2104 156 $1850 $1575 2708% CB437 C103 FIRE SCRAMBLE COLLAR INSIGNIA $2104 156 $1850 $1575 2708% CB479 A7293-0 PARALLEL HORNS CUT OUT INSIGNIA $3305 156 $2805 $2552 2402% CB863 C197 FI RE SCRAMBLE COLLAR INSIGNIA $2104 156 $1850 $1575 2708% CB864 Ci77 THREE BUGLE COLLAR INSIGNIA $2104 156 $1850 $1575 2708% CB881 Al 0802LS THREE COLOR ENGRAVED COMMENDATION BAR $3300 156 $2873 $1054 5107% C 82 COMMENDATIONPIN/FLAGW/0.11 $2704 156 $2208 $1575 4175% CX955 CAB SLIDE HOLDER 5/16 IN STANDARD CONFIGURATION $003 156 $5.13 $463 2324% FT 405 COMPANY 3O BOOT $14040 156 $11034 $11550 1774% FT2650 SALOMON MEN'S SPEEDCROSS 5 $13520 156 $11402 $11200 17.10% FW 100 DEUCE WP 3.3243',COMPOSITE SAFETY TOE TACTICAL SIDE ZIP $17808 156 $15205 $13125 2003% FW 132 WOMENS HIGH GLOSS OXFORD $8835 156 $75.10 $7100 1053% FW MG BATES HIGH GLOSS DUTY OXFORDS $8835 156 $75.10 $70 33 2030% FW798 WOMEN'S REEBOK BIN SIDE ZIP COMP TOE QUARTER BOOT $15104 156 $12000 $10500 3005% FX 67 GALLS WOMENS B"DUTY BOOT SIDE ZIP $8440 156 $7102 $0105 2008% GL812 HEXARMOR EXT RESCUE LINE 4012 GLOVE $0007 156 $5022 $4001 2870% IT 33S ROTHCO BOONIE HAT $1003 156 $14.14 $1155 3055% HD253 112 TNILL W/MESH BACK ADJUSTABLE PLASTIC SNAP BACKSTRAP $1143 156 $072 $045 1732% IT 376 1/21N DOUBLE NYLON HAT STRAP $1550 156 $1325 $1300 1001% HD441 PORT&CO FLEECE LINED KNIT CAP $023 156 $530 $473 2407% HW3646 FLED IT DELTA CAP $2070 156 $1707 $1700 1823% HW 63 FLEXFIT BALLCAP $1351 156 $1148 $11.15 1747% HW 79 FLEXFIT WOOLY COMBED BALL CAP $1075 156 $1070 $005 50.13% HW720 FLEXFIT ATHLETIC MESH BALLCAP $2070 156 $1707 $802 57 57% JA 07 511 TACTICAL BIG HORN JACKET $0300 156 $7050 $7000 1800% JS121 PRO-TUFFS/SJUMPSUIT $20175 156 $17140 $10800 1073% JW219 C509 TIE BAR W/SEAL CHOICE&CUSTOM LETTERING $3172 156 $2000 $23.10 27.18% JX B5 PORT AUTHORITY CORE SOFTSHELL JACKET $4203 156 $3024 $3500 1700% JX778 GALLS MENS LTC SOFT SHELL JACKET $0050 156 $5058 $4000 2000% NP516 511 TACTICAL 13/4 IN OPERATOR BELT $4002 156 $4243 $3820 2330% N 09 BLACKINTON NAMETAG 5/81NX21/2IN ONE LINE $1002 156 $1301 $1345 1002% N 09 J321/2X5/BIN NAMETAG-ONE OR TWO LINE $1002 156 $1301 $1331 1002% A 31 YOUNG MENS VERY IMPORTANT TEE $035 156 $705 $003 2588% SH018 MENS US OAC/COTTON SHIRT $0448 156 $5401 $3800 3058% SH020 ME NS FILING CROSS SS UNIFORM SHIRT $5005 156 $4331 $3001 27 75% SH070 MENS COMMAND ZIP FRONT S/S SHIRT $7051 156 $5004 $4200 4044% SH 110 LADIES S/S COMMAND SHIRT $02.10 156 $5280 $3840 3820% SH121 US FEMALE COMMAND SHIRT WZPPER $71.14 156 $0047 $4451 3743% SH3592 FLEX AS SS SUPERSHIRT $8570 156 $7202 $0300 2050% SH3650 WOMEN'S FLEX AS S/S SUPERSHIRT $7700 156 $0020 $0300 1022% SM616 GALLS S/S TAC FORCE MESH POLO $3030 156 $3003 $2040 1021% SM817 GALLS WOMENS S/S TAC FORCE MESH POLO $3030 156 $3003 $2040 1021% SM681 CHAMPION SHORTS W/PKT $2287 156 $1044 $1805 1758% AM721 GALLS US TAC FORCE MESH POLO $4471 156 $3800 $3700 1724% SQ083 GALLS WOMENS US TAC FORCE MESH POLO $4471 156 $3800 $3700 1724% A0101 NEXT LEVEL UNISEX COTTON S/S T-SHIRT $035 156 $705 $700 2440% SQ173 PORT&COMPANY S/S PERFORMANCE TEE $727 156 $0.18 $000 1747% AR778 247 PERFORMANCE S/S POLO $5001 156 $4327 $3070 2701% AA779 247 WOMENS PERFORMANCE S/S POLO $5001 156 $4327 $3070 2701% AR780 TRU MENS CLASSIC COTTON DOUBLE PIQUE S/S POLO $32.10 156 $2730 $2305 2830% ST 7B 247 MENS PERFORMANCE US POLO $58.10 156 $4040 $3575 3850% SW1833 PORT&COMPANY US PERFORMANCE TEE $1003 156 $14.14 $804 4004% :W 50 5111/4 ZIP JOB SHIRT $7280 156 $0108 $0825 025% SZ0259 S206B BADGE $8802 156 $7558 $0105 3033% T 04 INSTRUCTORS EMERGENCY RAPEWNG BELT $5030 156 $4283 $4150 1704% TR032 MENS POLYESTER TROUSERS $0708 156 $5702 $4101 3707% TR083 I IES POLYESTER TROUSERS $0708 156 $5702 $4101 3707% T 207 W'S V2 TCTCL PANT $7071 156 $00.10 $45.15 30.15% T 210 M'S V2 TCTCL PANT $7071 156 $00.10 $45.15 30.15% T 225 FLEXRS CARGO POCKET PANT $83.10 156 $7071 $0000 1700% T 225 M'S V2 SHORTS $0031 156 $5120 $4174 3070% T 229 WOMEN'S FLEXRS CARGO POCKET PANT $83.10 156 $7071 $0000 1700% T 253 MAUI RIPPERS WOMENS STRETCH BOARDSHORT5" $3531 156 $3031 $2005 15.18% TR2548 S&SACTIVEWEARBADGER-ULTIMATE SOFTLOCKWOMENS SHORTS $24.13 156 $2051 $1000 2125% T 43 511 ICON TACTICAL PANTS $8840 156 $75.14 $7400 1020% T 54 MENS TRU SPEC 247 TEFLON COATED P/C R/S TACTICAL PANTS $7171 156 $0005 $5245 2000% T 57 TRU SPEC 247 POLY/CTN RIPSTOP SHORTS $58.10 156 $4040 $4105 2701 T 62 TRU SPEC 247 WOMEN'S P/C R/S PANT $7171 156 $0005 $5245 2000% TR032 5.11 WOMENS TACUTE SHORT $5720 156 $4802 $4000 1058% T 90 5.11 STRYKE PANT W/FLEX TAC $8840 156 $70.14 $7400 1020% TR980 WOMENS STRYKE PANT $8840 156 $70.14 $0003 21 23% 170 UTILITY PT SHORT $3052 156 $3350 $20.14 2027% TT371 STRYKE SHORT $8320 156 $70 72 $0000 17 07% TZ341 PORT AND COMPANY LADIES PERFORMANCE S/S TEE $727 156 $0.18 $000 1740% IT- 3IN POLYESTER CUP ON TIE W/BUTTONHOLE $831 156 $700 $525 3002% TAP 95 31N POLYESTER VELCRO TIE W/BUTTONHOLE $1143 156 $072 $735 3500% UA 15 (3PH)511 TACTICAL CREW NECK S/S UTILAT $4472 156 $3801 $3750 10.14% UA726 511 LONG SLEEVE UTIL-T 2 PACK $4472 156 $3801 $3003 1704% ZA2058 A2001 FIVE HORN INSIGNIA $3305 156 $2805 $2240 3375% $2 $2407 2000 ZA2057 A2902 THREE HORN INSIGNIA $3305 156 805 % ZA2593 Cl 88 FIVE CROSSED BUGLES COLLAR INSIGNIA $2104 156 $1850 $1575 2708% ZA3800 A290&2-0 UPRIGHT HORNS COLLAR INSIGNIAMIN2PC $2052 156 $2254 $1857 2008% ZA3842 A2905 FIVE CROSSED BUGLES CUTOUTCOLLAR INSIGNIA $2740 156 $2334 $1007 2703% ZA3842 A2905 FI VE CROSSED BUGLES CUT OUT COLLAR INSIGNIA $2740 156 $2334 $1340 3208% ZY869 C181R ONE BUGLE COLLAR INSIGNIAW/RED BACKGROUND $2104 156 $1850 $1575 2708% 1976 A7292 FOUR CROSSED BUGLE INSIGNIA $3305 156 $2805 $2304 3030% Page 717 of 949 ED 2240 BOYNTON BEACH FIRE MXC LOGO GRY/SIL $82] ED 2241 BOYNTON BEACH FIRE MXC LOGO SIUBLK $82 ED 2242 REVERSED AMERICAN FLAG SUBDUED W/RED STRIPE $551 BY S23 BOYNTON BEACH FIRE RESCUE TEXL BACK $3050 EY00249 BOYNTON BEACH FIRE MXC LOGO FULL COLOR HAT $1150 BY 93213 FLORIDA FLAG HAT SIDE $487 EY09339 BOYNTON BEACH FIRE MXC LOGO FULL COLOR 3"W $12.13 ED 690 AMERICAN FLAG HAT SIDE NAW BORDER $487 ED 716 REVERSED AMERICAN FLAG HAT SIDE NAW BORDER $487 ITT 944 BOYNTON BEACH FIRE RESCUE ELASTI PRINT 1225 s733 $055 HT377 BOYNTON BEACH FIRE REVERSED US FLAG ELASTI PRINT 25 X 15 $3.15 IT GOYNTON FIRE ASST CHF BELUBLK BE PUTVO-FLAME VIS/PGLD STRAP/GFD STNS $11034 HW1862 GOVNTON DEP CHF VINYL BELUBLK MESH/FOUR-FLAME VISOR/PGLD STRAP/GFD STNS $11034 HW1863 GOVNTON CHIEF VINYL BELL W/BLK MESH/SIX-FLAME VIS/PGLD STRAP/GFD STNS $11034 Sol 01D GOYNTON BEACH FIRE RESCUE NEI LEAR UNISEX COTTON S/S TSHIRT $23.10 Sw2642 BOYNTON BEACH FD MENS TAC FORCE S/S POLO W/BBFD SCREENING $4888 SW2043 BOYNTON BEACH FD WOMENS TAC FORCE S/S POLO W/BBFD SCREENING $48]2 SW 644 BOYNTON BEACH FD US TAC FORCE US POLO W/BBFD SCREENING $4061 SW 645 BOYNTON BEACH FD MENS 247 PERFORMANCE S/S POLO W/BBFD SCREENING $7035 SW 646 BOYNTON BEACH FD WOMENS 247 PERFORMANCE S/S POLO W/BBFD SCREENING $7035 SW 647 BOYNTON BEACH FD MENS 247 PERFORMANCE US POLO W/BBFD SCREENING $77.18 TS2156B GOVNTON BEACH FIRE RESCUE NEI LEVEL MEN'S COTTON US CREW T-SHIRT $2730 T 216 BOYNTON BEACH FIREDIVETEAM SPORT-TEK US RASHGUARD TEE W/LC O CLR,BK 3 CLR $4220 T 229 BOYNTON BEACH FD BBFD MENS DISTRICT S/S TEE W/SCREENING $2023 T 229 BOYNTON BEACH FD NEI LEVEL UNISEX COTTON S/S TEE W/BBFD SCREENING $2060 T 229 BOYNTON BEACH FD MENS P&C PERFORMANCE S/S TEE W/BBFD SCREENING $1085 T 229 BOYNTON BEACH FD P&C PERFORMANCE US TEE W/BBFD SCREENING $2250 T 229 BOYNTON BEACH FD WOMENS P&C PERFORMANCE S/S TEE W/BBFD SCREENING $1722 T 245 BOYNTON BEACH FIRE AND RESCUE PORT&COMPANY S/S PERFORMANCE TEE $2205 TS2451 GOVNTON BEACH FIRE AND RES CUE POR T&COMPANY US PERFORMANCE TEE $2520 T 96 BOYNTON BEACH FD NEI LEVEL UNISEX S/S COTTON TSHIRT W/3 CLR BK,7 CLR LC,4 CLR AS SCREENING $2070 TS968 GOVNTON BEACH FD NEI LEVEL MENS US COTTON T-SHIRT W/3 CLR BK,7 CLR LC,4 CLR AS SCREENING $2468 TR2773B BOYNTON BEACH FD BONDI BOARDSHORT 8 SIN INSEAM W/7 CLR LL SCREENING $00.15 Page 718 of 949 7.D. Consent Bids and Purchases Over $100,000 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for April 5, 2022 - "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 Annual Madsen Barr Repairs and Emergency Services for Water Bid No 019- May 8, Estimated Corporation, Distribution, Wastewater Collection and 2821-19/IT 2022 - May Expenditure Johnson-Davis, Inc. Storm Water 7, 2023 $500,000 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? No Page 719 of 949 Grant Amount: Attachments: Type Description D Attachment Bid Extensions and Piggy-Backs over $100,000 D Attachment Renewal Interest Letter - Madsen Barr Corporation - 2022-2023 D Attachment Renewal Interest Letter - Johnson-Davis, Inc, - 2022-2023 Page 720 of 949 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 April 5, 2022 REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: Tremaine Johnson TERM: May 8, 2022, to May 7, 2023 SOURCE FOR PURCHASE: City of Boynton Beach Bid 019-2821-19/IT ACCOUNT NUMBER: 401-2810-536.46-47, 401-2815-536.46-42, 401-2816-536.46-51; 401-2824-536.46-44 VENDOR(S): Madsen Barr Corporation; Johnson-Davis, Inc. ANNUAL ESTIMATE: $500,000 DESCRIPTION: On May 7, 2019, Commission approved Bid No. 019-2821-19/IT Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility Systems to Madsen Barr Corporation as the primary vendor and Johnson-Davis, Inc as secondary. The two qualified contractors to furnish, install and provide labor and materials to complete repairs to the City's Utility Systems on an "as-needed" basis. The Bid was for an initial three (3)year period with the option to renew for one (1) one-year term. The vendors agreed to renew for a one- yearterm. 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 Telephone No:(561) 742-6310 March 4, 2022 John Barr Madsen-Barr Corporation 12113 Indian Mound Road Wellington, FL 33449 VIA EMAIL TRANSMITTAL TO'-�� BID: Repairs and Emergency Services for Water Distribution,Wastewater Collection and Storm Water Utility Systems BID No.: 019-2821-19/IT CURRENT AGREEMENT TERM: MAY 8, 2021 —MAY 7, 2022 Dear Mr. Barr: The current term with Madsen-Barr Corporation for Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems expires May 7, 2022. The contract allows for three (3) additional one-year renewals. The City of Boynton Beach would like to exercise the option to renew for its 2nd renewal term with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to prattt(7a bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at(561)742-6308. Sincerely, I*kAL Mara Frederiksen Director of Financial Services Cc: Tremaine Johnson, Manager, Field Operations, Boynton Beach Utilities Melissa Roberts, Contract Coordinator, Boynton Beach Utilities tp America's Gateway to the Gulf Stream Page 722 of 949 The City o Boynton Beach a 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 March 4, 2022 BID: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID No.: 019-2821-19/IT Agreement between the CITY OF BOYNTON BEACH and Madsen-Barr Corporation. AGREEMENT RENEWAL TERM: May 8, 2022—May 7, 2023 Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) MADSEN-BARR CORPORATION NAME OF COMPANY SIGNATURE NAME OF REPRESENTATIVE TITLE (please print) DATE (AREA CODE) TELEPHONE NUMBER E-MAIL John Barr President MADSEN f BARR CORPORATION Engineering Contractors - Sewer - Water - Drainage CELL:(954)401-6758 EMAIL:Johnbarr@madsenbarr.com SOUTH OFFICE NORTH OFFICE(ACCOUNTING) 3600 State Road 7(441)Ste.311 12113 Indian Mound Road Miramar,FL 33023 Wellington,FL 33449 America's Gateway to the Gulf Stream Page 723 of 949 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue �1 Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 March 4, 2022 Scott J. Johnson Johnson-Davis, Inc. 604 Hillbrath Drive Lantana, FL 33462 VIA EMAIL TRANSMITTAL TO: siohnson(o),iohnsondavis.com BID: Repairs and Emergency Services for Water Distribution,Wastewater Collection and Storm Water Utility Systems BID No.: 019-2821-19/IT CURRENT AGREEMENT TERM: MAY 8, 2021 —MAY 7, 2022 Dear Mr. Johnson: The current term with Johnson-Davis, Inc. for Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems expires May 7, 2022. The contract allows for three (3) additional one-year renewals. The City of Boynton Beach would like to exercise the option to renew for its 2nd renewal term with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to pratttp_bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, AN" Mara Frederiksen Director of Financial Services Cc: Tremaine Johnson, Manager, Field Operations, Boynton Beach Utilities Melissa Roberts, Contract Coordinator, Boynton Beach Utilities tp America's Gateway to the Gulf Stream Page 724 of 949 The City of Boynton Beach Finance/Procurement Services 100 E. Ocean Avenue �1 Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(561)742-6310 March 4, 2022 BID: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID No.: 019-2821-19/IT Agreement between the CITY OF BOYNTON BEACH and Johnson-Davis, Inc. AGREEMENT RENEWAL TERM: May 8, 2022— May 7, 2023 X Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) JOHNSON-DAVIS, INC. NAME OF COMPANY SIGNA E Wm. Clark C. Cryer Estimating Manager NAME OF REPRESENTATIVE TITLE (please print) 3/07/2022 (561) 718-4531 DATE (AREA CODE)TELEPHONE NUMBER ccryer(c.iohnsondavis.com E-MAIL America's Gateway to the Gulf Stream Page 725 of 949 7.E. Consent Bids and Purchases Over $100,000 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Approve Task Order# LS-11-2022 with Giannetti Contracting Corporation in accordance with RFQ 028-2821-19/MFD, Pre-Qualification of Contractors for Utility Construction Services awarded by commission on August 6, 2019. The agreement was renewed on August 7, 2021. The Scope of Work is for Lift Stations 706, 809, and 909 Rehabilitation in the sum of$284,998.00 based on unit costs provided by Giannetti Contracting Corporation in their respective bid. Explanation of Request: On August 6, 2019, the Commission approved four (4) pre-qualified vendors to perform minor utility-related projects costing less than $300,000 (three hundred thousand dollars) as part of RFQ No. 028-2821-19/MFD "Pre-Qualification of Contractors for Minor Utility Construction Services." The four (4) pre-qualified vendors are: Johnson/Davis, Inc.; Centerline Utilities, Inc; Giannetti Contracting Corporation; and Florida Design Drilling Corporation. A Request for Bids was issued to the City's pre-qualified Contracting Firms to submit line item pricing to remove and replace existing wet well discharge piping and apply wet well sealcoating. Lift Stations 706, 809, and 909 collects sanitary sewer and re-pumps sanitary sewer through force mains leading to the South Central Regional Wastewater Treatment Plant. The work also includes, but is not limited to furnishing all labor, materials, equipment, maintenance of traffic, removal and disposal of accumulated debris, site cleanup, restoration, and all incidentals as required to complete the work. How will this affect city programs or services? The rehabilitation will increase the Lift stations' efficiency and the Collections system to perform optimally. Fiscal Impact: Budgeted. The fiscal impact as a result of this approval is included in the current and proposed Utility budget. Funds for this repair service are available from the Utilities C I P FY21/22 R&R account 403-5000-535-65.04 SW R102. Alternatives: Reject the proposals and prepare a formal bid request through the Procurement Division. Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: Rehab of the three lift stations helps avoid sewer overflows in the area as well as improves the life cycle and efficiency of each station, allowing the Utilities and the City to provide better service and meet Public Health and safety and Environmental Sustainability goals. Climate Action Application: Page 726 of 949 Is this a grant? No Grant Amount: Attachments: Type Description D Resolution Resolution D Tab Sheets Tabulation Sheet D Bid Giannetti Proposal D Contract Giannetti Contract Renewal D Other Minor Construction Renewal Commission Agenda Page 727 of 949 R20-003 { AGREEMENT BETWEEN THE CITY OF BOYNTONCONTRACTORS MINORILlTY CONSTRUCTION SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the i ", and GIANNETTI CONTRACTING CORPORATION, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION: The Contractor is retained the City to perform € inor construction services in connection vvith the PRE-QUALIFICATION CQNTRACTORS FOR MINORTILE T TI i RFQ No.., 028- 2821-19/MFD. 2. SCOPE OF ® This Agreement applies to the performance of minor construction projects, which are those defined as under category five (fs.2 7.017) costing less than$300,000.00(three hundred thousand dollars), These minor construction projects shall be initiated by the City upon issuance of a solicitation, or task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noti d in the solicitation, or task order. Projects nfill commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Utilities Department. Emergency work may be assigned at the City's discretions per the scope of the RFQ, and shall be based upon the CONTRACTOR'S' expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than three(3)consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract, The Documents hereinafter listed shall form the Contract and they are fully a part of the Contract as if attached hereto: .1 Invitation to Bid 2.2 Instructions to Bidders 2.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, and all required certificates, affidavits and other documentation. .4 Contractor's Performance and Payment Bond 2.5 General Conditions for Construction 2.5 Special/Supplemental Conditions °7 'Technical Specifications 2.8 City Construction Standards and Details (mailable online at: .w .® ratprrN, h.ora/water-utilities/new-construction) .9 Drawings specific to each construction project Work performed under this Contract shall be in accordance with this Boynton Beach utilities Standard Contract and Construction Documents, PAYMENT: The City will pay the CONTRACTOR for performance of the work performed under each solicitation, or task order that is completed in accordance with the solicitations, or task orders at the lump Turn or unit prices presented by the CONTRACTOR and accepted Royston Reach Utilities--Pre-qualified Contractors for Minor utility Construction Services - Revised 12/1019 Page 728 of 949 R20-003 .1 Contractor shall submit Applications for Payment in accordance with the General Conditions. City will process plications for Payment as provided in the Genera, Conditions and as follows: 3.2 Payment for the work provided by CONTRACTORshall be made within thirty(30) calendar days on all invoices submitted to the City property,provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee, .3 The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. 3.4 CONTRACTOR may submit an Application for Payment or Progress Payments as recommended by CONSULTANT, for WORK completed during theProject t intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of unit Price or based on the number of units completed or, in the evert there is no schedule of values, as provided in the General Requirements. 15 Prior to Substantial Completion, progress payments will be made in an amount equal to 9010 of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the ,neral Conditions. 3.6 Contractor shall submit with each Application for Payment, and updated rogress schedule acceptable to the CITY and a Warranty of Titlelrelease of liens relative o the Work that is the subject of the Application, Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty ( 0) calendar days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. .7 'Ten percent (10) of all monies earned by the CONTRACTOR shall be retained by the CITY until fifty(50) percent completion of the construction services purchased (defined as that point at which fifty(5 0) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached in accordance with Florida Statutes 55m075). 18 After fifty ( 0) percent completion of the construction work purchased under the Contract has been reached, five ( ) percent of all monies earned by the CONTRACTOR shall be retained by the CITY until Fina! Completion and acceptance by CITY, .9 The City may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: a. Defective Work not remedied. , Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. c. Failure of CONTRACTOR to make payments properly to Boynton Beach Utilities--Pre-qualified Contractors for Minor Utility Construction Services C-2 Reprised 12/2019 Page 729 of 949 RZ SUBCONTRACTORS or for material or labor, d, Damage to another CONTRACTOR not remedied. e. Liquidated Damages and costs incurred by the City for extended construction administration, When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of surety, satisfactory to the Cita which will protect the City in the amount withheld, payment may be made in whale or in part. 3.10 Final Payment; Upon final completion and acceptance of the Work in accordance with paragraph 14.10 of the General Conditions, City shall pay the remainder of the Contract Price as recommended by the City and/or Consultant as provided in paragraph 14.10. 4. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials and equipment shall be free from damages end/or defects ovAng to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract, The CONTRACTOR, free of all costs to the CITE`, shall replace any part of the equipment, materials, or work includes; in this Contract, which proves to be defective by reason of faulty materials, damages, arid/or workmanship within twelve( 2) month period, 6. TIME C ark under this agreement shall commence upon written notice the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed, TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of one ( ) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination tion that renewal will be in the best interest of the City. At the City's mgu st the Firm shall continue services bey2gd the final expiration ate asrove i er r i Commission. Such extension(s)shall not exceedsix-month,pgrj m 8. OWNERSHIP F T All documents, drawings, specifications and other materials produced by the Firm 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. The Firin shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. . COMPLIANCE WIT CONTRACTOR shall, in performing the services contemplated by this.Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. The CONTRACTOR'S regards 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. 10. INDEMNIFICATION: In consideration of Twenty-Five Dollars($25.00)in hand paid and other valuable consideration, receipt of which is hereby acknowledged, C T CT agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725,06. It is further the specific intent and Boynton Reacts Utilities-Pre-qualified Contractors for Minor Utility Construction Services C-3 Revised 12/2059 Page 730 of 949 R20- agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration, 11.INSURANCE: The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of$1,000,000 per occurrence and$1,000,000 aggregate for personal injury;and 1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate 't defense costs in addition to limits; workers'compensation insurance, and vehicular liability insurance. Said general liability policy shall name the City of Boynton Beach as an additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty ( 0) days prior written notice to the City, Certificates of coverage as required this section shall be delivered to the City within fifteen(1 )days of execution of this agreement. Professional Liability (Errors & Omissions) Insurance - Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence vAth a limit of no less than two million dollars ($2,000,000) aggregate t a deductible per claim not to exceed ten percent(10%)of the limit of liability. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made ainst its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined urin construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rect y therm at no cost to City and shall be responsible for additional costs, if any, of the roe to the proportional extent caused by such negligent errors oromissions 1 . INDEPENDENT CONTRACTOR: CONTRACTOR is an independent contractor with respect to the services provided pursuant to this agreement. othing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this agreement.ent. The City shall not be responsible for withholding orotherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer vAth respect to CONTRACTOR, or any employee of CONTRACTOR. 13.COVENANT AGAINST CONTI IGENT FEES: The CONTRACTOR warrants that he has not employed or retained any company or persons,other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or persons, other than a bona fide esploee working solely for the CONTRACTOR,any fee,commission, percentage,brokerage fee,gifts,or any other considerations contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the fight to annul this contract without liability or, in its discretions to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 14® DISCRIMINATION PROHIBITED- The CONTRACTOR,with regard to the work perforated y 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. Boynton Beach Utilities-lPre-qualified Contractors for Minor utility Construction Services -4 Revised 12/2019 Page 731 of 949 R20-003 15. ASSIGNMENT:The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 16. NON-WAIVER: Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 17. 1 ! T! a. The City reserves the right to terminate this Agreement at any time by giving ten (10)days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project,the surviving members of the CONTRACTOR hereby agree to complete the or under the terms of this Agreement, If requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the CONTRACTOR and the City, if the City so chooses. 18. DISPUTES, Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. 19. NOTICES: Notices to the City of Boynton each shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton each P.O. Box 310 Boynton each, FL 33425-0310 Notices to CONTRACTOR shall be sent to the following: i Attention: Richard Gibbs III, President&"rreasurer larimy ijj .tiri�Corr)oratior on ac ing orpqTtion Ji01 PJW'18da Street porn anif!each, FL 33069 Contact#: 954-972-8104 Email:richip bobftiannettaco ,coni 20.INTEGRATED AGREEMENT: This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the CONTRACTOR 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 CONTRACTOR. 21. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty(30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes, The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a Boynton Beach Utilities—Pre-qualified Contractors for Minor Utility Construction Services C-5 Revised 12/2019 Page 732 of 949 R20-003 copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cast that does not exceed the cost provided in chapter 119, Fla. Stet. or as otherwise prodded by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract tern and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CIT' , all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY E. IF THE CONTRACTOR HAS QUESTIONS APPLICATION 1 , FLORIDA STATUES, TO THE CONTRACTOR'Sl RELATING lCUSTODIAN OF PUBLIC CRYSTAL GIBSON, CITY 3301 QUANTUM . SUITE 101 FLORIDA,BOYNTON BEACH, 561-742-6061 22.SCRUTINIZED _ I - 7.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not parficipatin5TFn 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 Contractor been engaged in business operations in Syria, Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification: shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification, Contractor shall have five ( )days from receipt of notice to refute the false certification allegation. If such false certification is discovered duringthe active contract terra, Contractor shall have ninety 0)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor dos not demonstrate that theCity's determination of false certification was made in error there the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 257.135, Florida Statutes, as amended from time to time. THE REMAINDER OF THE PAGE IS INTENTIONALLY L. F . Boynton Beach utilities—Pre-qualified Contractors for Minor utility Constriction Services C-6 Revised 1212019 Page 733 of 949 R2M3 "This Agreement will take effect on 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_11� CITY OF BOYNTON BEACH ....... Lori LaVerriere,_City Manager Contractor Attest/Authenticated: Pre, de Title 161 4u_m (Corporate Seal) IM stat Gibson, City Clerk S&I;4 iibson,� Approved s to 7F6rm) Attest!Authe d, Approved ,e James hekrof, ' �Wft�orney Se reta Boynton Beach Utilities-Pre-Qualified Contractors for minor utility Construction Services C-7 Revised 12/2019 Page 734 of 949 Page 735 of 949 § E\ }\ o 12 Ek } 0UO Ek IW ww el / } � : ! ! } { �� \ - k7 ) ) § m! ooE § )2 / : I i \ ) / ) 2 B ! Giannetti Contracting Corporation BEHINDA TTA CHMENT "A THE DOCUMENTS I MUST ACCOMPANY PROPOSAL ORDERIN SUBMITTAL TO BE CONSIDERED COMPLETEL Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 159 Page 737 of 949 A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID TITLE: PUMPING STATION 709, 809, AND 909 REHABILITATION BID TASK ORDER NO.: LS-11-2022 BIDDER: Giannetti Contracting Corporation DATE SUBMITTED: March 14, 20022 We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: City of Boynton Beach and having examined the project site(when indicated in these specifications to do so),we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE 9 3 /3 /2o2L ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 160 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 738 of 949 The City of Boynton Beach Procurement Services a 100 E.Ocean Avenue Boynton Beach,FL 33435 P.O.Box 310 ® Boynton Beach,Florida 33425-0310 0 ACKNOWLEDGEMENT OF ADDENDUM No. 1 "PUMPING STATION 706, 809, &909 REHABILITATION" BID No.: LS-11-2022 RESPONDENT MUST SIGN, DATE AND INCLUDE THIS"ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID SUBMITTAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Robert Henning III — PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE Giannetti Contracting Corporation March 3, 2022 NAME OF COMPANY DATE Addendum No. 1 Task Order No.LS-1 1-2022 Boynton Beach Utilities—Pumping Station 706,809,&909 Rehabilitation 4 Page 739 of 949 The City of Boynton Beach Procurement Services 100 B.Ocean Avenue Boynton Beach,FL 33435 Y P.O.Box 310 ® Boynton Beach,Florida 33425-0310 ACKNOWLEDGEMENT OF ADDENDUM No. 2 "PUMPING STATION 706, 809, &909 REHABILITATION" BID No.: LS-11-2022 RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 2 WITH BID SUBMITTAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. Robert Henning III PRINT NAME OF REPRESENTATIVE SIGNATURE OF REPRESENTATIVE Giannetti Contracting Corporation March 3, 2022 NAME OF COMPANY DATE Addendum No.2 Task Order No.LS-1 1-2022 Boynton Beach Utilities—Pumping Station 706,809,&909 Rehabilitation 2 Page 740 of 949 max = TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE-THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Giannetti Contracting Corporation Name of Proposer Auth ed Signature of Proposer Richard Gibbs III, President & Treasurer *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method Trench Safety LS 1 $ 750.00 IF750.00 Trench Slope / Box Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 161 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 741 of 949 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 Richard Gibbs III Giannetti Contracting I, on behalf of Corporation certify Print Name and Title Company Name that Giannetti Contracting Corporation 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 Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services 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. Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 162 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 742 of 949 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor 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. Giannetti Contracting Corporation n, COMPANY NAME I.6NATURE Richard Gibbs III President & Treasurer PRINT NAME TITLE Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 163 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 743 of 949 f�` tip, 1 3 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. AUTHORIZED SIGNATURE Richard Gibbs III, President & Treasurer Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 164 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 744 of 949 0 WARRANTIES In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents,the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 165 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 745 of 949 ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, o,,,,A-,-4AJ'Q,duced to enter the Construction Contract in reliance upon this Warranty. C�r SJGNEsealed and delivered on this 25th day of February 2022. t_.:.(S �), CONTRA R: BY Ric Gibbs III, President & Treasurer ®� P4 �y9�04�J�'• Secretary Nichola , J�p t6f Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 166 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 746 of 949 f l CITY OF BOYNTON BEACH E-VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES TO BE COMPLETED AND UPLOADED ONLINE Project Name: PUMPING STATIONS 706, 809, AND 909 REHABILITATION RFQ 028-2821-19/MFD PREQUALIFIED CONTRACTORS FOR MINOR UTILITIES Solicitation No.: CONSTRUCTION SERVICES -TASK ORDER LS-11-2022 1. Definitions: "Contractor"means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. "Subcontractor"means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary,wages, or other remuneration. "E-Verify system"means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E-verify system in order to verify the work authorization status of all newly hired employees.Contractor shall register for and utilize the U.S. Department of Homeland Security's E-Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons(including sub-vendors/sub-consultants/sub-contractors)assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E-Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E-Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ,contract with,or subcontract with, Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 167 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 747 of 949 an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s.448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s.448.095(2)Fla.Stat.,shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a)or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: G(annetA Contracting Corporation Authorized Signature( Print Name: Rich Gibbs III Title President & Treasurer Date: February 25, 2022 Phone: 954-972-8104 STATE OF �--(�r,dc/ COUNTY OF 17YJJOICd The foregoing instrument was acknowledged before me by means of j( physical presence or ❑ online notarization, this day of rt ,�� , by�1'( I (—ii, S on behalf of He/she is personally n to me or has produced as identification. NOTARY PUBLIC G ( l ro4� h r: (Name of Notary Typed Printed or Stamped) EXPIRES:0 tObcr 20 2023 Title or Rank Bonded 1 hm Nof ni r 51 r U u' n,nrcrs Serial number, if any Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 168 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 748 of 949 U) O O O C U U) a) f6 Y y C C IU U ° (°j 1 V _ n a) m U ns U mcg � O d° EQ ate.. N i 4-O ® O O O W �° a) yr l R C C L O 0 L U D Y C L) `I- �n O N ` N m -0 a) N -° CL Ln C fB w N N0 �— UC W U O O � `' O (0 w a Z O -0 WE 0 O O a) U ca IL L LL O w U) r C U N a) � G O a CD ` U � o ° � Wiz° N U O c J U a) c 07d w r Oa) CL 0 d d LLI J OL) Cc a) ° 30 Z C1 U � z w CU m Lns c 3 O D_ .. W = ° �_ Y v a� Q o p N cu m °j-n LL. E O w z 00 = v Y W U) 0w y .J --❑ � cn �4o (3) c cn u)o � omw1- o na) vc � t C: ° Y L mg0W ( Om µ = L O O L N t6 ~ m V co O L fB r Oa Y N -a 'O U cam/) ° - O (L tin . CDO O Na] O 'J C ` Q (6 CTO =a' '0 c U O U U C F-0 .O o6 M E a) ` N 0)-Q w p c c t) c [C Q) 0-O N E rn 2 n 0 p U j rn .a) O N = U C N f4 0 Y a) O c , N CL N c cfL6 Q CD a0QN U) `U a) vN - CL N L- O -0 C: () U) O° -° aa) Q ° O ci 0 _0 o U $ o c Q 'o -p N v Nc oN O a) -a Z) O 7. O u)) a C >' a) a) > > >, w O U W E a) z c a) m Q7 Q a) Q r to . a) C L Enos Z oo °' a) �en 16 ° _0 (a �` � � O a c s m .n E ff3 a) m N o — m c h n O_ C I— 0 ,6 N m Page 749 of 949 STATEMENT OF NO BID N/A If you are not bidding on this service/commodity, please complete and return this form to: City of Boynton Beach, 100 E. Ocean Avenue, Boynton Beach, Florida 33435, Finance Department. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your Bid Task Order No. LS-11-2022 for PUMPING STATION # 706, 809, AND 909 REHABILITATION because of the following reasons: Specifications too"tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear(explain below) Other(specify below) REMARKS: Boynton Beach Utilities—Pumping Stations 706 809 909 Rehab 170 Page 750 of 949 PUMPING STATION#706,#909,&#809 REHABILITATION RFQ NO./MFD PRE-QUALIFICATION OF CONTRACTORS FOR MINOR UTILITIES CONSTRUCTION SERVICES-BID FORM TASK ORDER LS-11-2022 REVISED TECH SPEC. ITEM SC1025 DESCRIPTION EST QTY I UNIT I UNIT COST AMOUNT GENERAL CONDITIONS Mobilization/Demobilization,Bonds,Insurance and General Requirements. 1 1.11.6 Contractor shall be limited to a maximum of six(6%)of the total bid price. 1 LS $17,099.00 $ 17,099.00 2 1.11.0 Pre/Post Construction Photos/Videos 1 LS $ 3,000.00 $ 3,000.00 3 1.11.1) MOT Residential Street 3 LS $ 1,750.00 $ 5,250.00 4 1.11.E Indemnification 1 LS $ 25.00 $ 25.00 Sub-Total General Conditions $ 25,374.00 PIPING CONFIGURATION Pumping Station#706 5 1.11.F Furnish and Install Ductile Iron Pump Station Piping 1 LS $75,027.00 $ 75,027.00 6 1.11.G Temporary Pump Station By-Pass 1 LS $38,000.00 $ 38,000.00 7 1.11.1-1 Wet Well Sealcoating 1 LS $43,600.00 $ 43,600.00 Pumping Station 7 1.11.1-1 Temporary Pump Station By-Pass 1 LS $22,500.00 $ 22,500.00 8 1 1.11.1 Wet Well Sealcoating 1 LS $28,999.00 $ 28,999.00 Pumping Statjon#809 9 1.11.J Temporary Pump Station By-Pass 1 LS $22,500.00 $ 22,500.00 10 1.11.K Wet Well Sealcoating 1 LS $28,998.00 $ 28,998.00 Sub-Total Wastewater, $ 259,624.00 Total Bid Price(In Numbers) $ 284,998.00 Two Hundred Eighty-Four Thousand Nine Hundred Ninety-Eight Dollars and Total Bid Price(In Words) Zero Cents Name of Firm Submitting Bid Proposal Giannetti Contracting Corporation (PRINT) Name of Person Submitting Bid Proposal Jeffrey Melnechuk e ! (P 16 ) Name of Person Submitting Bid Proposal (SIGNATURE) Date: 3/14/2022 Page 751 of 949 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 Telephone No:(S61) 742-6310 June 16, 2021 BID: PRE-QUALIFICATION OF CONTRACTORS FOR UTILITY CONSTRUCTION SERVICES BID No.: 028-2821-19/MFD CURRENT AGREEMENT TERM: AUGUST 7, 2020—AUGUST 6, 2021 Agreement between the City of Boynton Beach and Giannetti Contracting Corporation. AGREEMENT RENEWAL TERM: AUGUST 7, 2021 —AUGUST 6, 2022 Yes, I agree to renew the existing agreement under the same terms, conditions, and pricing for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) Giannetti Contracting Corporation } �� NAME OF COMPANY SIGNATURE —� cc NAME OF REPRESENTATIVE TITLE (please print) .,. .._ y DATE (AREA CODE) TELEPHONE NUMBER E-MAI L America's Gateway to the Gulf Stream Page 752 of 949 3/30/22,2:56 PM Coversheet Consent Bids and Purchases Over$100,000 7/20/2021 s City of Boynton Beach Agenda Item Request Foran Commission Meeting Date: 7/2012021 Requested Action by Commission: Approve the one-year extension for RFPslBids and/or piggybacks for the procurement of services andlor commodities as described in the written report for July 20,2021-"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). VENDORS) DESCRIPTION OF SQLICITATION RENEWAL AMO7 - August SOLICITATION NUMBER TERM Johnson-Davis, Pre-Qualtfioation of RFQ 028-2621 7,2021 Estimated Inc., Contractors for Utilities 18IMFD to August 6, Annual Giannetti Minor Construction 2022 Expenditure Contracting Corp., ,'', Services $1,550,000 FL Design Drilling Corp., Centerline Utilities, Inc. How will this affect city programs or services? This renewal report will be used for those solicitations,contractslagreements and piggy-backs that are renewedlextended with the same terms and conditions and pricing as the Initial award. Fiscal Impact.- Funds mpact: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? Grant Amount: Attachments: Type Description D ffiffat I QOK Over Request for Bid Extensions D :;nr Johnson-Davis Inc.Renewal Request 2021-2022 D AfteLtrs eni Florida Design Drilling Corporation Renewal Request 2021-2022 D `119Pi=11 Centerline Utilities Inc.Renewal Request 2021-2022 A AIMMlent Giannetti Contracting Corp.Renewal Request 2021-2022 Page 753 of 949 h s:llboyntonbeach.novusagenda. mfA endaPubliolC verSheet.aspx?ltem I D=1 145MMeatinglD=396 111 7.F. Consent Bids and Purchases Over $100,000 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Award Task Order No. F-03-2022, Boynton Beach Women's Club Restrooms, part of Bid No. 028-2511-20/RW for Minor Construction Services and authorize the issuance of a purchase order to I.Q. Constructions, Inc. of Delray Beach, FL as the lowest responsive, responsible bidder for the total amount of$165,000. Explanation of Request: On February 10, 2022, Public Works, Engineering issued a task order request, # F-03-2022 for "Boynton Beach Women's Club". A mandatory site inspection was held on February 17, 2022, to review the project with the minor construction services pool of vendors. Scope of work includes the upgrade of existing restrooms to comply with ADA, creation of an IT/Security room, reconfiguration of existing stage stairs, and adjustment of exterior balcony railings. On March 7, 2022, Procurement Services received quotes from the minor construction services pool of vendors. After reviewing the four (4) submittals, staff recommends the project be awarded to I.Q. Constructions, Inc. as the lowest responsive, responsible bidder. 1. I.Q. Constructions, Inc. $165,000.00 2. Anzco, Inc. $166,290.00 3. Homrich Corp $171,000.00 4. RPM General Contractors, Inc. $194,200.00 How will this affect city programs or services? The remodeling of the Boynton Beach Women's Club Restrooms will provide improved ADA accessibility, allowing use by all patrons that partake in the events held at this venue. Fiscal Impact: Budgeted in Capital Improvement Account 302-4145-580.62-01 RP2203 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Page 754 of 949 Is this a grant? Grant Amount: Attachments: Type Description D Contract Resolution/Executed Contract D Attachment Renewal D Tab Sheets Tabulation Sheet Page 755 of 949 1 RESOLUTION NO.R21-017 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING THE RANKING AND AUTHORIZING THE CITY 5 MANAGER TO SIGN CONTRACTS WITH FOUR (4) PRIMARY 6 CONTRACTORS AND THREE (3) ALTERNATE CONTRACTORS: 7 HORICH CORP., ANZCO INC., RPM GENERAL CONTRACTORS, 8 INC., I.Q. CONSTRUCTIONS, INC., E & F FLORIDA ENTERPRISES 9 DBA CREATIVE CONTRACTING GROUP, CH GLOBAL 10 CONSTRUCTION LLC,AND WAYPOINT CONSTRUCTION GROUP; 11 TO ESTABLISH A PRE-QUALIFIED LIST OF CONTRACTORS IN 12 ACCORDANCE WITH REQUEST FOR QUALIFICATION(RFQ) NO. 13 028-2511-20/RW "PRE-QUALIFICATION OF CONTRACTORS FOR 14 MINOR CONSTRUCTION SERVICES"AND AUTHORIZE THE CITY 15 MANAGER TO AWARD INDIVIDUAL PROJECTS NOT TO EXCEED 16 $250,000;AND PROVIDING AN EFFECTIVE DATE. 17 18 WHEREAS, on November 18, 2020 City staff opened a total of seven (7) submittals in 19 response to RFQ No.028-2511-20/RW"Pre-Qualification of Contractors for Minor Construction 20 Services";and 21 WHEREAS, the RFQ was issued with the intent of establishing a pre-qualified list of 22 contractors to perform minor construction services projects which may include building repairs, 23 upgrades and improvements as may be necessary within the City; and 24 WHEREAS,the City Commission of the City of Boynton Beach upon recommendation 25 of staff,deems it to be in the best interest of the citizens and residents to approve the ranking and 26 authorize the City Manager to sign contracts with four (4) primary contractors and three (3) 27 alternate contractors: Homrich Corp., Anzco Inc., RPM General Contractors, Inc., I.Q. 28 Constructions, Inc., E & F Florida Enterprises dba Creative Contracting Group, CH Global 29 Construction LLC,and Waypoint Construction Group; in order to establish a pre-qualified list of 30 contractors in accordance with Request for Qualification (RFQ) No. 028-2511-20/RW "Pre- M Qualification of Contractors for Minor Construction Services" and Authorize the City Manager to 32 award individual projects not to exceed$250,000. 33 NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE 34 CITY OF BOYNTON BEACH,FLORIDA,THAT 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as SACATHSOAgreements\Approve Ranking,and Contracts for Minor Construction Services(2020)-Reso.docx Page 756 of 949 36 being true and correct and are hereby made a specific part of this Resolution upon adoption. 37 Section-2, The City Commission of the City of Boynton Beach, Florida, hereby 38 approves the ranking and authorizes the City Manager to sign contracts with four (4) primary 39 contractors and three (3) alternate contractors: Homrich Corp., Anzco Inc., RPM General 40 Contractors, Inc., I.Q. Constructions, Inc., E & F Florida Enterprises dba Creative Contracting 41 Group,CH Global Construction LLC,and Waypoint Construction Group; in order to establish a 42 pre-qualified list of contractors in accordance with Request for Qualification(RFQ)No.028-2511- 43 20/RW"Pre-Qualification of Contractors for Minor Construction Services"and Authorize the City 44 Manager to award individual projects not to exceed $250,000. Copies of each Agreement are 45 attached hereto and incorporated herein. 46 Section 3. That this Resolution shall become effective immediately. 47 PASSED AND ADOPTED this day of January,2021. 48 CITY OF BOYNTON BEACH,FLORIDA 49 5Q YES NO 51 52 Mayor—Steven B.Grant 53 54 Vice Mayor--Ty Penserga 55 56 Commissioner—Justin Katz 57 58 Commissioner—Woodrow L.Hay 59 60 Commissioner—Christina L. Romelus fit fit VOTE 5 63 ATTEST: 64 65 _ m5 66Crystal Gibson� IMC a 67 City Clerk 68 69 70 (Corporate Seal) S;\CAIRF.SMAgreementMpprove Ranking and Contracts for Minor Construction Services(2020)-Reso.doex Page 757 of 949 r Contract No. 028-2511-20IW-4 Between City of Boynton Beach & I.Q. Constructions, Inc. FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES THIS CONTRACT is entered into between the CITY of Boynton Beach, hereinafter referred to as OCITY", and I.Q. Constructions, Inc., with a principle address of 1445 N congress Ave, Suite 14, Delray Beach, FL 33445, hereinafter referred to as "CONTRACTOR", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Contractor is retained by the City to perform minor construction services in accordance with Exhibit"A" I.Q. Constructions, Inc. Proposal and Exhibit "B" RFQ FOR PRE-QUALIFICATION OF CONTRACTORS FOR MINOR CONSTRUCTION SERVICES;RFQ No.: 028-2511-201RW. 2. SCOPE OF SERVICES/PROCESS. This CONTRACT applies to the performance of minor construction projects,which are those UNDER $ 250,000.00(two hundred fifty thousand dollars) in costs, this includes a $ 25,000.00 (twenty-five-thousand-dollar owner contingency. These minor construction projects shall be initiated by the City upon issuance of a task order and shall be advertised to all pre-qualified Contractors. No project under this contract shall require bid, payment, or performance bonds unless specifically noticed in the task order. Task Orders will commence only upon issuance of a valid Purchase Order by the Finance Department and written Notice to Proceed from the Public Works Department. Emergency work may be assigned at the City's discretion per the scope of the RFQ, and shall be based upon the CONTRACTOR'S expertise, or competitive proposal submittal. The CONTRACTOR shall be required to respond to each advertisement when requested, whether by offer or response of"no bid." If the CONTRACTOR fails to respond to more than two (2) consecutive requests, the firm shall be removed from the program, and all subsequent bidding opportunities under this contract. 2.a. CHANGE ORDERS: The contractor shall notify the Project Manager immediately with any changes or discrepancies to the project, a PDF shall be emailed to the Project Manager within 48 hours (2 days). Changes orders shall be itemized to include: cost; 1 o% overhead; and 5% profit. 2.b. COMPLETION OF WORK I LIQUIDATED DAMAGES: The Contractor and City agree the rate set forth herein is a reasonable estimate of the amount of damages which the City will suffer in the event the Contractor does not timely complete the scope of work and/or perform to the technical specifications as outlined in the task order documents and contract. Bo 4 nton Beach—RFQ for Minor Construction Services 1 Page 758 of 949 Liquidated damages due to the City may be deducted from payments due the Contractor, or may be collected from the Contractor or his Surety. These provisions for liquidated damages shall not prevent the City, in case of the Contractor's default, from terminating the right of the Contractor to proceed as provided in the Contract. Upon the occurrence of any failure to perform,the City shall notify the Contractor in writing of the nature of the failure and of City's intention to request corrective action(s), assess liquidated damages or either terminate the Contract. The liquidated damages shall be $ 500.00/day. 2.c PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority"for all goods and services under this contract(if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions,and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated Priority/preference during an emerge ncyldisaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. 3. TIME FOR PERFORMANCE. Work under this CONTRACT shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work product required pursuant to this CONTRACT upon written notice to proceed. 4. TERM: This CONTRACT shall commence upon Commission approval and shall be valid for an initial term of one (1) year. The City of Boynton Beach may renew the contract with the same terms and conditions for four(4) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the Ody.'s re nest the Firm.shall continue services be ond_t�e final ex iratlon date as a raved b the Cit Mana er or _Ci Commission. _Such extensions shatl nat exceed asix-month eriad. The Firm shall be com ensated at the rate.in effect when this extension rind is invoked b the Ci 5. PAYMENT:The City will pay the CONTRACTOR for performance of the work performed under each task order that is completed in accordance with the task orders at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. a. Payment for the work provided by CONTRACTOR shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to CONTRACTOR shall not exceed the total contract price without express written modification of the CONTRACT signed by the City Manager or her designee. b. The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the CONTRACTOR in the amount approved. c. Final payment of any balance due the CONTRACTOR of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work Boynton Beach—RFQ for Minor Construction Services 2 Page 759 of 949 t under this CONTRACT and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The CONTRACTOR'S records and accounts pertaining to this CONTRACT 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 CONTRACT. Copies shall be made available upon request, 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this CONTRACT shall be the property of the City whether the project for which they are made is executed or not. The Firm shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. CONTRACTOR shall, in performing the services contemplated by this CONTRACT, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this CONTRACT. 8. INDEMNIFICATION. CONTRACTOR shall indemnify, defend and hold harmless the City, its offices, agents and employees,from and against any and all claims, losses or liability, or any portion thereof, i including fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONTRACTOR's own employees, or damage to property occasioned by a negligent act, omission or failure of the CONTRACTOR. 9. INSURANCE. The CONTRACTOR shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury;and$1,000,000 per occurrence/aggregate for property damage, and CONTRACTOR liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; workers' compensation insurance, and vehicular liability insurance. i Said general liability policy shall name the City of Boynton Beach as an "additional named insured" and shall include a provision prohibiting cancellation of said policy except upon thirty (30)days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15)days of execution of this CONTRACT. Professional Liability(Errors&Omissions) Insurance- Professional Liability Insurance with the limits of liability provided by such policy for each claim and on a claim made basis or on an occurrence basis to be no less than one million Dollars ($1,000,000) per occurrence with a limit of no less than two million dollars($2,000,000)aggregate with a deductible per claim not to exceed ten percent(10%) of the limit of liability. Consultant shall notify the City in writing within thirty(30) days of any claim fled or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The CONTRACTOR and the City agree that the CONTRACTOR is an independent contractor with respect to the services provided pursuant to this CONTRACT, Nothing in this CONTRACT shall be considered to create the relationship of employer and employee Boynton Beach—RFQ for Minor Construction Services 3 Page 760 of 949 between the parties hereto. Neither CONTRACTOR nor any employee of CONTRACTOR shall be entitled to any benefits accorded City employees by virtue of the services provided under this CONTRACT.The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONTRACTOR, or any employee of CONTRACTOR. 11. COVENANT AGAINST CONTINGENT FEES. The CONTRACTOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the CONTRACTOR, any fee, commission, percentage, brokerage fee,gifts,or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The CONTRACTOR,with regard to the work performed by it under this CONTRACT, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The CONTRACTOR shall not sublet or assign any of the services covered by this CONTRACT without the express written consent of the City. 14, NON-WAIVER. Waiver by the City of any provision of this CONTRACT or any time iimftation provided for in this CONTRACT shall not constitute a waiver of any other provision. 15. TERMINATION. a. The City reserves the right to terminate this CONTRACT at any time by giving ten (10) days written notice to the CONTRACTOR. b. In the event of the death of a member, partner or officer of the CONTRACTOR, or any of its supervisory personnel assigned to the project, the surviving members of the CONTRACTOR hereby agree to complete the work under the terms of this CONTRACT, if requested to do so by the City. This section shall not be a bar to renegotiations of this CONTRACT between surviving members of the CONTRACTOR and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respect to the performance of this CONTRACT, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This CONTRACT shall be construed under Florida Law. 17 NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 i Boynton Beach—R1 Q for Minor Construction Services 4 Page 761 of 949 Notices to CONTRACTOR shall be sent to the following address: Claudia Mendoza I Q Constructions, Inc. 1445 N congress Ave, Suite 14 I Delray Beach, FL 33445 F Email:_irconstructionscomcast.net ,{ Phone: 561-359-2718 18. INTEGRATED CONTRACT. This CONTRACT,together with attachments or addenda, represents the entire and integrated CONTRACT between the City and the CONTRACTOR andsupersedes all prior negotiations, representations, or CONTRACTS written or oral. This CONTRACT may be amended only by written instrument signed by both City and CONTRACTOR. 19, PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; 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 terra and,following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 Bo,�nton Beach—RFQ for Minor Construction Services 5 Page 762 of 949 4 561-742-6061 filASM N B - a 20. SCRUTINIZED COMPANIES 287.135 and 215.473. By execution of this CONTRACT, in accordance with the requirements of F.S. 287-135 and F.S. 215.473, Design-Build Team certifies that Design-Build Team is not participating in a boycott of Israel. Design-Build Team further certifies that Design-Build Team is not on the Scrutinized Companies that Boycott Israel lisle, 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-Build Team been engaged in business operations in Syria_Subject to limited exceptions provided in state law, the City will not contract for the provision of goads or services with any scrutinized company rereferred to above. Submitting a false certification shall be deemed a material breach of contrail The City shall provide notice, in writing, to Design-Build Team of the City's determination concerning the false certification. Design-Build Team shall have five (5) days from receipt of notice to refute the false cerfikation allegation. If such kiss certification is discovered during the active contract tern, 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 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 Section 287.135, Florida Statutes, as amended from time to time. DATED this day of CITY OF BOYNTON BEACH I��- ON U TINS, INC 0 E Lori LaVerriere,City Manager ORIc c m. ry r� e � at 3+ Aftest/Authenticated: 11 03 tE 1 s h (Corporate Seal) 67- Crystal Gibson Cleric Approved as to Form: Attest/Authenticated: A Kn 3ames A. Cherof, City Attorney witness $o°wLon Beach—RFQ for Minor Cansp action Services 6 Page 763 of 949 Coversheet Page 1 of 2 7.A. Consent Bids and Purchases Over$100,000 1/4/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 114/2022 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/or piggy-backs for the procurement of services andlor commodities over$100,000 as described in the written report for January 4,2022-"Request for Extensions and/or Piggybacks." Explanation of Request: As required,the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy-back governmental contracts. Options to extend or renew are noted in the"Agenda Request Item"presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report(as required). VENDOR(S) DESCRIPTION OF SOLICITATION RENEWAL AMOUNT SOLICITATION NUMBER TERM Task Orders as Needed Anzco, Inc.; Homrich Corp; I.Q. (Any Item over$1001(will be brought back to Constructions Inc.; RPM Generals Pre-Qualification of COBB RFQ 028- January 19, Contractors, Inc.;Waypoint Contracting Contractors for Minor COBB RFQ 2022—January Commission}. Inc.; E&F Florida Enterprises, Inc.dba Construction Services 18,2023 Annual Estimated Creative Contracting Group Expenditure $650,000 C.A.P.Government, Inc.; Universal Supplemental Building COBB RFP 021- February 17, Annual Estimated Engineering Sciences, LLC; Calvin, Inspections,and Plan 2411-201RW 2022-February Expenditure Giordano&Associates, Inc. Review Services 16,2023 $525,000 Flow will this affect city programs or services? This renewal report will be used for those solicitations, contracts/agreements and piggy-backs that are renewedlextended 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? No Grant Amount: Attachments: https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?1temID=12238&... Pa,a of 949 ��72�22 Coversheet Page 2 of 2 Type Description 13 Attach ent Bid Extensions and Piggy-Backs over$100,000 13 At`ac.h.ment Renewal Interest Letter-Anzoo Inc-2022-2023 13 AtTachmen.l. Renewal Interest Letter-Homrich Corp-2022-2023 • Attac-hmel Renewal Interest Letter-I.Q.Constructions Inc.-2022-2023 --------- • Aftachrrient Renewal Interest Letter-E&F Florida Enterprises dba Creative Contracting Group-2022-2023 • A tt a ch qg,nj Renewal Interest Letter-Waypoint Contracting Inc.-2022-2023 Renewal Interest Letter-RPM Generals Contracting Inc.-2022- 2023 n "a'ttm vnW Renewal Interest Letter-C.A.P.Government,Inc.-2022-2023 D Aftachment Renewal Interest Letter-Calvin,Giordano&Associates,Inc.- 2022-2023 Renewal Interest Letter-Universal Engineering Sciences.LLC- 2022-2023 https://boyntonbeach.novusagenda.com/AgendaPublic/CoverSheet.aspx?ltemlD=12238&... PajqTIJ(/- 2f 949 ti c N O V R C O U O O O R O O O O O O V W N d CD N d R Z N N d C .y m m V C N O O O O N O O O = O O O V O O f0 � f0 C'J vT ER ER d E Z N N d C .y m m 0 O O 0 C O C T tOi O N N N � (p (6 R Z N N d C .y m m 0 O O O U O O O O C O O O V O C O (n O N O E O /6 L Z }I N ^V1 d LL � 1 m Q 3 0 U ~ N N QN 7 O � U N N W C M �j N O N N i' O L() p m Mn m O N N Y 6 00 co O O W o >. N n +O+ QUO mLL ° o w 0 O O H Z Y o coL m pww0' U) o n :� D m D D LL H incr m 0 U H 7.G. Consent Bids and Purchases Over $100,000 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Resolution No. R22-058-Approve and authorize the Mayor to sign the Subrecipient Grant Agreement from the Department of Economic Opportunity (DEO) Community Development Block Grant-Mitigation (CDBG-MIT) program in the amount of$2,100,000 for the East Water Treatment Plant Generator Replacement project. Explanation of Request: The City of Boynton Beach has been awarded $2,100,000 in grant funding from the Department of Economic Opportunity (DEO) Community Development Block Grant-Mitigation (CDBG-MIT) program for critical facility hardening and to provide standby power to the East Water Treatment Plant as DEO Subrecipient Agreement No.: 10123.p The scope of work for the project includes design of the new generator system, purchasing equipment, re- routing underground piping, completing construction, testing, training, commissioning, and start-up. The timeframe for the Subrecipient Agreement ends forty-eight (48) months after execution by DEO. How will this affect city programs or services? Implementation of the project will provide a more robust and reliable backup power system at the East Water Treatment Plant to provide power to the plant during storm events, natural disasters, and prolonged power failures and system outages from Florida Power and Light(FPL) and enable the City to continue to provide a high level of service to our water customers. Fiscal Impact: The City will provide $2,100,000 in leveraged funds from the Utilities CI P budget for a total estimated project cost of$4,200,000. Alternatives: Do not approve the execution of the Subrecipient Agreement. Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: Climate Action Application: Is this a grant? Yes GrantAmount: $2,100,000 Page 767 of 949 Attachments: Type Description Resolution approving Grant Agreement with DEO D Resolution for East Water Treatment Plant Generator replacement project D Agreement DEO GrantAgreement Page 768 of 949 1 RESOLUTION NO. R22 - 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 SUBRECIPIENT GRANT AGREEMENT FROM THE DEPARTMENT OF 6 ECONOMIC OPPORTUNITY (DEO) COMMUNITY DEVELOPMENT BLOCK 7 GRANT-MITIGATION (CDBG-MIT) PROGRAM IN THE AMOUNT OF 8 $2,100,000 FOR THE EAST WATER TREATMENT PLANT GENERATOR 9 REPLACEMENT PROJECT;AND PROVIDING AN EFFECTIVE DATE. 10 11 12 WHEREAS, the City of Boynton Beach has been awarded $2,100,000 in grant 13 funding from the Department of Economic Opportunity (DEO) Community Development 14 Block Grant-Mitigation (CDBG-MIT) program for critical facility hardening and to provide 15 standby power to the East Water Treatment Plant as DEO Subrecipient Agreement No.: 16 101 23.p; and 17 WHEREAS, the scope of work for the project includes design of the new generator 18 system, purchasing equipment, re-routing underground piping, completing construction, 19 testing, training, commissioning, and start-up; and 20 WHEREAS, the Subrecipient Agreement ends forty-eight (48) months after 21 execution by DEO; and 22 WHEREAS, implementation of this project will provide a more reliable backup 23 power system at the East Water Treatment Plant to provide power to the plant during 24 storm events, natural disasters, and prolonged power failures and system outages from 25 Florida Power and Light (FPL) and enable the City to continue to provide a high level of 26 service to our water customers; and 27 WHEREAS, the City Commission of the City of Boynton Beach upon 28 recommendation of staff, deems it to be in the best interest of the citizens of the City of 29 Boynton Beach to approve and authorizes the Mayor to sign the Subrecipient Grant 30 Agreement from the Department of Economic Opportunity (DEO) Community 31 Development Block Grant-Mitigation (CDBG-MIT) program in the amount of $2,100,000 32 for the East Water Treatment Plant Generator Replacement Project. 33 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY S:ACA\RESO\Agreements\Grants\DEO CDBG Grant For East Water Treatment Plant Generator -Reso.Docx Page 769 of 949 34 OF BOYNTON BEACH, FLORIDA, THAT: 35 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 36 being true and correct and are hereby made a specific part of this Resolution upon adoption 37 hereof. 38 Section 2. The City Commission approves and authorizes the Mayor to sign 39 the Subrecipient Grant Agreement from the Department of Economic Opportunity (DEO) 40 Community Development Block Grant-Mitigation (CDBG-MIT) program in the amount of 41 $2,100,000 for the East Water Treatment Plant Generator Replacement Project, attached 42 hereto and incorporated herein as Exhibit "A". 43 Section 3. This Resolution shall become effective immediately upon passage. 44 PASSED AND ADOPTED this 5th day of April, 2022. 45 CITY OF BOYNTON BEACH, FLORIDA 46 47 YES NO 48 49 Mayor—Ty Penserga 50 51 Commissioner—Angela Cruz 52 53 Commissioner—Woodrow L. Hay 54 55 Commissioner—Thomas Turkin 56 57 Commissioner— District 4 - Vacant 58 59 60 VOTE 61 62 ATTEST: 63 64 65 66 Crystal Gibson, MMC 67 City Clerk 68 69 70 (Corporate Seal) S:ACA\RESO\Agreements\Grants\DEO CDBG Grant For East Water Treatment Plant Generator -Reso.Docx Page 770 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Mitigation Program (CDBG-MIT) Subrecipient Agreement THIS SUBRECIPIENT AGREEMENT is entered into by the State of Florida,Department of Economic Opportunity, (hereinafter referred to as "DEO' and the City of Boynton Beach, Florida hereinafter referred to as the "Subrecipient" (each individually a"Party"and collectively"the Parties'. THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING REPRESENTATIONS: WHEREAS,pursuant to Public Law(P.L.) P.L. 115-123 Bipartisan Budget Act of 2018 and Additional Supplemental Appropriations for Disaster Relief Act 2018 (approved February 9, 2018), and P.L. 116-20 Supplemental Appropriations for Disaster Relief Requirements Act,2019 (approved June 6,2019),Division B, Subdivision 1 of the Bipartisan Budget Act of 2018,P.L. 115-56,the "Continuing Appropriations Act,2018" ; and the requirements of the Federal Register(FR)notices entitled"Allocations,Common Application,Waivers, and Alternative Requirements for Community Development Block Grant Mitigation Grantees", 84 FR 45838 (August 30, 2019) and "Allocations, Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees" (CDBG Mitigation) 86 FR 561 Qanuary 6, 202 1);(hereinafter collectively referred to as the "Federal Register Guidance', the U.S. Department of Housing and Urban Development (hereinafter referred to as "HUD's has awarded Community Development Block Grant—Mitigation (CDBG-MIT) funds to DEO for mitigation activities authorized under Title I of the Housing and Community Development Act of 1974 (HCDA) (42 United States Code (U.S.C.) § 5301 et seg.) and applicable implementing regulations at 24 C.F.R. part 570 and consistent with the Appropriations Act. WHEREAS, CDBG-MIT funds made available for use by the Subrecipient under this Agreement constitute a subaward of the DEO Federal award,the use of which must be in accordance with requirements imposed by Federal statutes,regulations and the terms and conditions of DEO's Federal award. WHEREAS, the Subrecipient has legal authority to enter into this Agreement and by signing this Agreement, the Subrecipient represents and warrants to DEO that it will comply with all the requirements of the subaward described herein. WHEREAS,all CDBG-MIT activities carried out by the Subrecipient will: (1) meet the definition of mitigation activities. For the purpose of this funding, mitigation activities are defined as those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life,injury, damage to and loss of property,and suffering and hardship,by lessening the impact of future disasters; (2) address the current and future risks as identified in DSO's Mitigation Needs Assessment of most impacted and distressed area(s); (3) be CDBG-eligible activities under the HCDA or otherwise eligible pursuant to a waiver or alternative requirement; and (4) meet a national objective, including additional criteria for mitigation activities and a Covered Project. Page 1 of 59 Page 771 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 NOW THEREFORE,DEO and the Subrecipient agree to the following: (1) SCOPE OF WORK The Scope of Work for this Agreement includes Attachment A, Project Description and Deliverables. With respect to Attachment B, Project Budget, and Attachment C,Activity Work Plan, the Subrecipient shall submit to DEO such Attachments in conformity with the current examples attached hereto as necessary and appropriate.Provided further,if there is a disagreement between the Parties,with respect to the formatting and contents of such attachments, then DSO's decisions with respect to same shall prevail, at DSO's sole and absolute discretion. (2) INCORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Subrecipient has diligently reviewed this Agreement and is a sophisticated organization having experience managing projects with funds made available through federal grants. Subrecipient is familiar with DSO's grant agreement with HUD, has reviewed applicable CDBG-MIT regulations and guidelines,-,vill conduct, and-,vill ensure its activities are in compliance with DSO's grant agreement with HUD and all applicable CDBG-MIT regulations and guidelines. Subrecipient agrees to abide by all applicable State and Federal laws, rules and regulations, including but not limited to, the Federal laws and regulations as now in effect and as may be amended from time to time, set forth in 24 CFR Part 570, applicable Federal Register Notices, the State's Action Plan, and all applicable CDBG-MIT regulations and guidelines. Subrecipient shall ensure that all its activities under this Contract shall be conducted in conformance with these provisions, as applicable: 45 CFR Part 75, 29 CFR Part 95, 2 CFR Part 200, 20 CFR Part 601, 24 CFR Part 570 subpart I,et seq.,and all other applicable federal laws,regulations,and policies governing the funds provided under this Agreement as now in effect and as may be amended from time to time. (3) PERIOD OF AGREEMENT This Agreement is effective as of the date DEO executes this Agreement(the"Effective Date") and ends forty-eight (48) months after execution by DEO,unless otherwise terminated as set forth herein. (4) RENEWAL AND EXTENSION This Agreement shall not be renewed. DEO shall not grant any extension of this Agreement unless the Subrecipient provides justification satisfactory to DEO in its sole discretion and DSO's Director of the Division of Community Development approves such extension in writing (5) MODIFICATION OF AGREEMENT Modifications to this Agreement shall be valid only when executed in writing by the Parties. Any modification request by the Subrecipient constitutes a request to negotiate the terms of this Agreement. DEO may accept or reject any proposed modification based on DSO's sole determination and absolute discretion, that any such acceptance or rejection is in the State's best interest. (6) RECORDS (a) The Subrecipient's performance under this Agreement shall be subject to 2 CFR part 200 — Uniform Administrative Requirements, Cost Principles and Audit Requirements for Federal Awards as now in effect and as may be amended from time to time. (b) Representatives of DEO,the Chief Financial Officer of the State of Florida,the Auditor General of the State of Florida, the Florida Office of Program Policy Analysis and Government Accountability, Page 2 of 59 Page 772 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 and representatives of the Federal government and their duly authorized representatives shall have access to any of the Subrecipient's books,documents,papers and records,including electronic storage media,as they may relate to this Agreement, for the purposes of conducting audits or examinations or making excerpts or transcriptions. (c) The Subrecipient shall maintain books, records, and documents in accordance with generally accepted accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by DEO under this Agreement. (d) The Subrecipient will provide to DEO all necessary and appropriate financial and compliance audits in accordance with Paragraph (7),Audit Requirements and Attachments I and J herein and ensure that all related party transactions are disclosed to the auditor. (e) The Subrecipient shall retain sufficient records to show its compliance with the terms of this Agreement and the compliance of all subrecipients,contractors,subcontractors and consultants paid from funds under this Agreement for a period of six (6) years from the date DEO issues the final closeout for this award. The Subrecipient shall also comply with the provisions of 24 CFR 570.493 and 24 CFR 570.502(a)(7)(ii). The Subrecipient shall further ensure that audit working papers are available upon request for a period of six(6)years from the date DEO issues the final closeout of this Agreement,unless extended in writing by DEO. The six-year period may be extended for the following reasons: 1. Litigation, claim or audit initiated before the six-year period expires or extends beyond the six-year period,in which case the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $1,000 or more at the time of acquisition shall be retained for six (6) years after final disposition. 3. Records relating to real property acquired shall be retained for six (6) years after the closing on the transfer of title. (f) The Subrecipient shall maintain all records and supporting documentation for the Subrecipient and for all contractors, subcontractors and consultants paid from funds provided under this Agreement, including documentation of all program costs in a form sufficient to determine compliance with the requirements and objectives of the scope of work and all other applicable laws and regulations. (g) The Subrecipient shall either (i) maintain all funds provided under this Agreement in a separate bank account or(ii) ensure that the Subrecipient's accounting system shall have sufficient internal controls to separately track the expenditure of all funds from this Agreement.Provided further,that the only option available for advanced funds is to maintain such advanced funds in a separate bank account. There shall be no commingling of funds provided under this Agreement with any other funds,projects or programs. DEO may,in its sole discretion,disallow costs made with commingled funds and require reimbursement for such costs as described herein,Subparagraph (22)(e),Repayments. (h) The Subrecipient, including all of its employees or agents, contractors, subcontractors and consultants to be paid from funds provided under this Agreement, shall allow access to its records at reasonable times to representatives of DEO, the Chief Financial Officer of the State of Florida, the Auditor General of the State of Florida,the Florida Office of Program Policy Analysis and Government Accountability or representatives of the Federal government or their duly authorized representatives. "Reasonable" shall ordinarily mean during normal business hours of 8:00 a.m. to 5:00 p.m.,local time, Monday through Friday. (7) AUDIT REQUIREMENTS (a) The Subrecipient shall conduct a single or program-specific audit in accordance with the provisions of 2 CFR part 200 if it expends seven hundred fifty thousand dollars ($750,000) or more in Federal awards from all sources during its fiscal year. (b) Within sixty (60) calendar days of the close of Subrecipient's fiscal year,on an annual basis, the Subrecipient shall electronically submit a completed Audit Compliance Certification to audit a,deo.mvflorida.com, and DSO's grant manager; a blank version of which is attached hereto as Page 3 of 59 Page 773 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 Attachment J . The Subrecipient's timely submittal of one completed Audit Compliance Certification for each applicable fiscal year will fulfill this requirement within all agreements (e.g., contracts, grants, memorandums of understanding, memorandums of agreement, economic incentive award agreements, etc.) between DEO and the Subrecipient. (c) In addition to the submission requirements listed in Attachment 1, Audit Requirements, the Subrecipient shall send an electronic copy of its audit report to DSO's grant manager for this Agreement by June 30 following the end of each fiscal year in which it had an open CDBG-MIT subgrant. (d) Subrecipient shall also comply with the Federal Audit Clearinghouse rules and directives,including but not limited to the pertinent Report Submissions provisions of 2 CTR 200.512,when such provisions are applicable to this Agreement. (8) REPORTS Subrecipient shall provide DEO with all reports and information set forth in Attachment G,Reports. The monthly reports and administrative closeout reports must include the current status and progress of Subrecipient and all subcontractors in completing the work described in Attachment A, Scope of Work, and the expenditure of funds under this Agreement. Within 10 calendar days of a request by DEO, Subrecipient shall provide additional program updates or information.Without limiting any other remedy available to DEO, if all required reports and copies are not sent to DEO or are not completed in a manner acceptable to DEO, payments may be withheld until the reports are completed to DSO's satisfaction. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. (9) INSPECTIONS AND MONITORING (a) Subrecipient shall cooperate and comply with DEO,HUD, and auditors with any inspections and will immediately provide access to records and financial statements as deemed necessary by DEO,HUD, and their respective auditors at least in accordance with requirements of 2 CFR part 200 and 24 CFR 570.489. (b) Subrecipient shall cooperate and comply with monitoring of its activities as deemed necessary by DEO to ensure that the subaward is used for authorized purposes in compliance with federal statutes, regulations, and this Agreement. (c)Without limiting the actions DEO, HUD, or their respective investigators may take, monitoring procedures will include at a minimum: (1) reviewing financial and performance reports required by DEO; (2) following-up and ensuring Subrecipient takes timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from DEO as detected through audits, on-site reviews and other means; and (3) issuing a management decision for audit findings pertaining to this Federal award provided to Subrecipient from DEO as required by 2 CFR 5200.521. (d) Corrective Actions:DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require Subrecipient to take timely and appropriate action on all deficiencies pertaining to the federal award provided to Subrecipient from the pass-through entity as detected through audits, on-site reviews and other means. In response to audit deficiencies or other findings of noncompliance with this agreement,DEO may in its sole discretion and without advance notice, impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. DEO may also take other action as stated in Paragraph (13) Remedies or otherwise allowable by law. (10)DUPLICATION OF BENEFITS Subrecipient shall not carry out any of the activities under this Agreement in a manner that results in a prohibited duplication of benefits as defined by Section 312 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1974(42 U.S.C. 5155 et seq.) and described in Appropriations Acts. Subrecipient must comply with HUD's requirements for duplication of benefits, as described in the Federal Register and HUDguidance (including HUD training materials). Subrecipient shall carry out the activities under this Page 4 of 59 Page 774 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 Agreement in compliance with DSO's procedures to prevent duplication of benefits. Subrecipient shall sign a Subrogation Agreement (See Attachment NI). (11) LIABILITY (a) If Subrecipient is a state agency or subdivision, as defined in Section 768.28(2), F.S.,pursuant to Section 768.28(19), F.S.,neither Party indemnifies nor insures or assumes any liability for the other Party for the other Party's negligence. (b) Subrecipient assumes sole responsibility for the training and oversight of the parties it deals with or employs to carry out the terms of this Agreement to the extent set forth in Section 768.28, Florida Statutes. Subrecipient shall hold DEO harmless against all claims of whatever nature arises from the work and services performed by third parties under this Agreement. For purposes of this Agreement, Subrecipient agrees that it is not an employee or agent of DEO but is an independent contractor. (c) Subrecipient agrees to be fully responsible for its negligent or tortious acts or omissions, which result in claims or suits against DEO. Subrecipient agrees to be liable for any damages proximately caused by the acts or omissions to the extent set forth in Section 768.28,F.S. Nothing herein shall be construed as consent by DEO to be sued by third parties in any matter arising out of any agreement, contract or subcontract. (d) Nothing herein is intended to serve as a waiver of sovereign immunity by DEO or the Subrecipient. (12) EVENTS OF DEFAULT If any of the following events occur ("Events of Default'), DEO may, in its sole and absolute discretion,elect to terminate any obligation to make any further payment of funds,exercise any of the remedies available through this Agreement or pursue any remedy at law or in equity,without limitation: (a) Any warranty or representation made by Subrecipient, in this Agreement or any previous agreement with DEO,is or becomes false or misleading in any respect,or if Subrecipient fails to keep or perform any of the obligations, terms, or covenants in this Agreement or any previous agreement with DEO or HUD, and/or has not cured them in timely fashion and/or is unable or unwilling to meet its obligations under this Agreement and/or as required by statute,rule,or regulation; (b) Any material adverse change occurs in the financial condition of Subrecipient at any time during the term of this Agreement and the Subrecipient fails to cure this adverse change within thirty(30) calendar days from the date written notice is sent by DEO; (c) If Subrecipient fails to submit any required report or submits any required report with incorrect, incomplete,or insufficient information or fails to submit additional information as requested by DEO; (d) If Subrecipient fails to perform or timely complete any of its obligations under this Agreement, including participating in DSO's Implementation Workshop. The Parties agree that in the event DEO elects to make payments or partial payments after any Events of Default, it does so without waiving the right to exercise any remedies allowable herein or at law and without becoming liable to make any further payment. (e) Neither Party shall be liable to the other for any delay or failure to perform under this Agreement if such delay or failure is neither the fault nor the negligence of the Party or its employees or agents and the delay is due directly to acts of God,wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Party's control or for any of the foregoing that affects subcontractors or suppliers if no alternate source of supply is available. However,in the event of delay from the foregoing causes,the Party shall take all reasonable measures to mitigate any and all resulting delay or disruption in the Party's performance obligation under this Agreement. If the delay is excusable under this paragraph,the delay will not result in any additional charge or cost under the Agreement to either Party. In the case of any delay Page 5 of 59 Page 775 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 the Subrecipient believes is excusable under this paragraph, Subrecipient shall notify DEO in writing of the delay or potential delay and describe the cause of the delay either: (1) within ten (10) calendar days after the cause that creates or will create the delay first arose,if Subrecipient could reasonably foresee that a delay could occur as a result or(2)within five (5) calendar days after the date Subrecipient first had reason to believe that a delay could result, if the delay is not reasonably foreseeable. THE FOREGOING SHALL CONSTITUTE SUBRECIPIENT'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. DEO,in its sole discretion,will determine if the delay is excusable under this paragraph and will notify Subrecipient of its decision in writing. No claim for damages,other than an extension of time, shall be asserted against DEO. Subrecipient shall not be entitled to an increase in the Agreement price or payment of any kind from DEO for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency arising because of delay, disruption,interference or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist, Subrecipient shall perform at no increased cost, unless DEO determines,in its sole discretion, that the delay will significantly impair the value of the Agreement to DEO or the State,in which case, DEO may do any or all of the following: (1) accept allocated performance or deliveries from Subrecipient, provided that Subrecipient grants preferential treatment to DEO with respect to products or services subjected to allocation; (2) purchase from other sources (without recourse to and by Subrecipient for the related costs and expenses) to replace all or part of the products or services that are the subject of the delay,which purchases may be deducted from the Agreement quantity or (3) terminate the Agreement in whole or in part. (13) REMEDIES If an Event of Default occurs,DEO may in its sole discretion and without limiting any other right or remedy available,provide thirty (30) calendar days written notice to the Subrecipient and if the Subrecipient fails to cure within those thirty(30) calendar days DEO may choose to exercise one or more of the following remedies, either concurrently or consecutively: (a) Terminate this Agreement upon written notice by DEO sent in conformity with Paragraph (17) Notice and Contact; (b) Begin any appropriate legal or equitable action to enforce performance of this Agreement; (c) Withhold or suspend payment of all or any part of a request for payment; (d) Demand Subrecipient return to DEO any funds used for ineligible activities or unallowable costs under this Agreement or any applicable law,rule or regulation governing the use of the funds; and (e) Exercise any corrective or remedial actions,including but not limited to: 1. Request additional information from the Subrecipient to determine the reasons for or the extent of non-compliance or lack of performance; 2. Issue a written warning to advise that more serious measures may be taken if the situation is not corrected;and/or 3. Advise the Subrecipient to suspend, discontinue or refrain from incurring costs for any activities in question. (f) Exercise any other rights or remedies which may be otherwise available under law. Pursuit of any of the above remedies does not preclude DEO from pursuing any other remedies in this Agreement or provided at law or in equity. Failure to exercise any right or remedy in this Agreement or failure by DEO to require strict performance does not affect, extend or waive any other right or remedy Page 6 of 59 Page 776 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEC)Agreement No.: I0123 available or affect the later exercise of the same right or remedy by DEC) for any other default by the Subrecipient. (14) DISPUTE RESOLUTION DEC) shall decide disputes concerning the performance of the Agreement, and document dispute decisions in writing and serve a copy of same to Subrecipient. All decisions are final and conclusive unless the Subrecipient files a petition for administrative hearing with DEC)within twenty-one (21) days from the date of receipt of the decision. Exhaustion of administrative remedies prescribed in Chapter 120,F.S.,is an absolute condition precedent to Subrecipient's ability to pursue any other form of dispute resolution;provided however, that the Parties may mutually agree to employ the alternative dispute resolution procedures outlined in Chapter 120,F.S. (15) CITIZEN COMPLAINTS The goal of DEC)is to provide an opportunity to resolve complaints in a timely manner,usually within fifteen (15) business days of the receipt of the complaint as expected by HUD,if practicable, and to provide the right to participate in the process and appeal a decision when there is reason for an applicant to believe its application was not handled according to program policies.All applications,guidelines and websites will include details on the right to file a complaint or appeal and the process for filing a complaint or beginning an appeal. Applicants are allowed to appeal program decisions related to one of the following activities: (a) A program eligibility determination, (b) A program assistance award calculation,or (c) A program decision concerning housing unit damage and the resulting program outcome. Citizens may file a written complaint or appeal through the Office of Long-Term Resiliency email at CDBG-DR L&deo.mvflorida.com or submit by postal mail to the following address: Attention:Office of Long-Term Resiliency Florida Department of Economic Opportunity 107 East Madison Street The Caldwell Building,MSC 400 Tallahassee, Florida 32399 The subrecipient will handle citizen complaints by conducting: (a) Investigations as necessary (b) Resolution,and (c) Follow-up actions. If the complainant is not satisfied by Subrecipient's determination,then the complainant may file a written ing the instructions issued in the letter of response. If, at the conclusion of the appeals appeal by follow process, the complainant has not been satisfied with the response, a formal complaint may then be addressed directly to DEO at: Department of Economic Opportunity Caldwell Building,MSC-400 107 E Madison Street Tallahassee, FL 32399 Page 7 of 59 Page 777 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 The Florida Office of Long-Term Resiliency operates in Accordance with the Federal FairHousingLaw(The Fair Housing Amendments Act of 1988).Anyone who feels he or she has been discriminated against may file a complaint of housing discrimination: 1-800-669-9777 (Toll Free), 1-800-927-9275 (TTY) or www.hud.gov/feiirhousing. (16) TERMINATION (a) DEO may immediately suspend or terminate this Agreement for cause by providing written notice, from the date notice is sent by DEO. Cause includes, but is not limited to: an Event of Default as set forth in this Agreement; Subrecipient's improper or ineffective use of funds provided under this Agreement; fraud; lack of compliance with any applicable rules, regulations, statutes, executive orders, HUDguidelines, policies, directives or laws; failure, for any reason, to timely and/or properly perform any of the Subrecipient's obligations under this Agreement; submission of reports that are incorrect or incomplete in any material respect and refusal to permit public access to any document, paper, letter or other material subject to disclosure under law, including Chapter 119, F.S., as amended. The aforementioned reasons for termination are listed in the immediately preceding sentence for illustration purposes but are not limiting DSO's sole and absolute discretion with respect to DSO's right to terminate this Agreement. In the event of suspension or termination, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs. (b)DEO may unilaterally terminate this Agreement,in whole or in part,for convenience by providing Subrecipient fourteen (14) days written notice from the date notice is sent by DEO, setting forth the reasons for such termination, the effective date and,in the case of partial termination, the portion to be terminated. However,if in the case of partial termination, DEO determines that the remaining portion of the award will not accomplish the purpose for which the award was made, DEO may terminate the portion of the award which will not accomplish the purpose for which the award was made. Subrecipient shall continue to perform any work not terminated. In the event of termination for convenience, Subrecipient shall not be entitled to recover any cancellation charges or unreimbursed costs for the terminated portion of work. (c) The Parties may terminate this Agreement for their mutual convenience in writing,in the manner agreed upon by the Parties,which must include the effective date of the termination. (d) In the event that this Agreement is terminated,Subrecipient shall not incur new obligations under the terminated portion of the Agreement after the date Subrecipient has received the notification of termination. Subrecipient shall cancel as many outstanding obligations as possible. DEO shall disallow all costs incurred after Subrecipient's receipt of the termination notice. DEO may, to the extent authorized by law, withhold payments to Subrecipient for the purpose of set-off until the exact amount of damages due to DEO from Subrecipient is determined. (e) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEO any CDBG-MIT funds on hand at the time of expiration or termination and any accounts receivable attributable to the use of CDBG-MIT funds. (f) Any real property under Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the subrecipient in the form of a loan) in excess of$25,000 must either: 1. Be used to meet a national objective until five years after expiration or termination of this Agreement,unless otherwise agreed upon by the Parties,or except as otherwise set forth herein; or 2. If not used to meet a national objective, Subrecipient shall pay to DEO an amount equal to the current market value of the property less any portion of the value attributable to expenditures of Page 8 of 59 Page 778 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEC)Agreement No.: I0123 non-CDBG-MIT funds for the acquisition or improvement of the property for five years after expiration or termination of this Agreement. (g) The rights and remedies under this clause are in addition to any other rights or remedies provided by law or under this Agreement. (17) NOTICE AND CONTACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, first class or certified mail with return receipt requested, email with confirmation of receipt of email from Subrecipient, to the representative identified below at the address set forth below or said notification attached to the original of this Agreement. (b) The name and address of DSO's Grant Manager for this Agreement is: Stephan Cooley 107 E. Madison St Tallahassee, FL 32399 Phone: 850-921-3292 Email: Stephan.CooleyL)deo.mA-florida.com (c) The name and address of the Local Government Project Contact for this Agreement is: Joel Lacroze Associate Engineer 124 E. Woolbright Rd.,Boynton Beach, Florida 33435 Phone: 561-742-6492 Email: Lacrozel�bbfl.us (d) If different representatives or addresses are designated by either Party after execution of this Agreement, notice of the name, title and address of the new representative will be provided as provided for in this Agreement. Such change shall not require a formal amendment of the Agreement. (18) CONTRACTS If the Subrecipient contracts any of the work required under this Agreement, a copy of the proposed contract template and any proposed amendments, extensions, revisions, or other changes thereto, must be forwarded to the DEC) grant manager for prior written approval. For each contract, the Subrecipient shall report to DEC) as to whether that contractor or any subcontractors hired by the contractor, is a minority vendor, as defined in Section 288.703, F.S. The Subrecipient shall comply with the procurement standards in 2 CFR§200.318 - §200.327and §200.330 when procuring property and services under this Agreement (refer to Attachments D &E). The Subrecipient shall include the following terms and conditions in any contract pertaining to the work required under this Agreement: (a) the period of performance or date of completion; (b) the performance requirements; (c) that the contractor is bound by the terms of this Agreement; (d) that the contractor is bound by all applicable State and Federal laws,rules,and regulations; (e) that the contractor shall hold DEC) and Subrecipient harmless against all claims of whatever nature arising out of the contractor's performance of work under this Agreement; Page 9 of 59 Page 779 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEC)Agreement No.: I0123 (f) the obligation of the Subrecipient to document in Subrecipient's reports the contractor's progress in performing its work under this Agreement; (g) the requirements of 2 CFR Appendix II to Part 200 — Contract Provision for Non-Federal Entity Contract Under Federal Awards— (refer to Attachment L) Subrecipient must comply with CDBG regulations regarding debarred or suspended entities (24 CFR 570.489(1)), pursuant to which CDBG funds must not be provided to excluded or disqualified persons and provisions addressing bid,payment,performance bonds,if applicable,and liquidated damages. Subrecipient shall maintain oversight of all activities performed under this Agreement and shall ensure that its contractors perform according to the terms and conditions of the procured contracts or agreements and the terms and conditions of this Agreement. (19) TERMS AND CONDITIONS This Agreement contains all the terms and conditions agreed upon by the Parties.There are no provisions, terms,conditions,or obligations other than those contained in this Agreement;and this Agreement supersedes all previous understandings.No waiver by DEC)may be effective unless made is writing by an authorized DEC) official. (20) ATTACHMENTS (a) If any inconsistencies or conflict between the language of this Agreement and the attachments arise,the language of the attachments shall control,but only to the extent of the conflict or inconsistency. (b) This Agreement contains the following attachments: Attachment A—Project Description and Deliverables Attachment B —Project Budget (Example) Attachment C—Activity Work Plan (Example) Attachment D—Program and Special Conditions Attachment E—State and Federal Statutes,Regulations and Policies Attachment F—Civil Rights Compliance Attachment G—Reports Attachment H—Warranties and Representations Attachment I—Audit Requirements and Exhibit 1 to Attachment I—Funding Sources Attachment J—Audit Compliance Certification Attachment K — SERA Access Authorization Form (form provided after execution of this agreement) Attachment L-2 CFR Appendix II to Part 200 Attachment M—Subrogation Agreement (21) FUNDING/CONSIDERATION (a) The funding for this Agreement shall not exceed Two Million One Hundred Thousand Dollars and Zero Cents ($2,100,000.00) subject to the availability of funds. The State of Florida and DSO's performance and obligation to pay under this Agreement is contingent upon annual appropriations by the Legislature and subject to any modification in accordance with Chapter 216, F.S. or the Florida Constitution. (b) DEC)will provide funds to Subrecipient by issuing a Notice of Subgrant Award/Fund Availability ("NFA') through DSO's financial management information system. Each NFA may contain specific terms, conditions, assurances, restrictions or other instructions applicable to the funds provided by the Page 10 of 59 Page 780 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 NFA. By accepting funds made available through an NFA, Subrecipient agrees to comply with all terms, conditions, assurances,restrictions or other instructions listed in the NFA. (c) By execution of this Agreement, Subrecipient certifies that necessary written administrative procedures, processes and fiscal controls are in place for the operation of its CDBG-MIT program for which Subrecipient receives funding from DEO.These written administrative procedures,processes and fiscal controls must,at minimum,comply with applicable state and federal law,rules,regulations,guidance and the terms of this Agreement. Subrecipient agrees to comply with all the terms and conditions of Attachment D,Program and Special Conditions. (d) Subrecipient shall expend funds only for allowable costs and eligible activities,in accordance with the Scope of Work. (e) Subrecipient shall request all funds in the manner prescribed by DEO.The authorized signatory for the Subrecipient set forth on the SERA Access Authorization Form must approve the submission of each Request for Funds ("RFF") on behalf of Subrecipient. SERA Access Authorization Form will be provided after the execution of this Agreement. (f) Except as set forth herein, or unless otherwise authorized in writing by DEO, costs incurred for eligible activities or allowable costs prior to the effective date of this Agreement are ineligible for funding with CDBG-MIT funds. (g) If the necessary funds are not available to fund this Agreement as a result of action by the United States Congress, the Federal Office of Management and Budget, the Florida Legislature, the State Chief Financial Officer or under Subparagraph (23),Mandated Conditions of this Agreement,all obligations on the part of DEO to make any further payment of funds will terminate and the Subrecipient shall submit its administrative closeout report and subgrant agreement closeout package as directed by DEO within thirty (30) calendar days from receipt of notice from DEO. (h) Subrecipient is ultimately responsible for the administration of this Agreement, including monitoring and oversight of any person or entity retained or hired by Subrecipient. (i) All expenditures under this Agreement shall be made in accordance with this Agreement and any applicable state or federal statutes,rules, or regulations. (j) Funding for this Agreement is appropriated under Public Law 115-254, Division 1, the "Supplemental Appropriations for Disaster Relief Act, 2018" and Public Law 116-20, the "Additional Supplemental Appropriations for Disaster Relief Act, 2019" for the purpose of assisting in long-term recovery from major disasters that occurred in 2017, 2018, and 2019 in accordance with the Robert T. Stafford Disaster Relief and Emergency Assistance Act,42 U.S.C. 5121 et seq., (the "Stafford Act"). (k) CDBG-DR funds, appropriated and identified by Public Law, are governed by one or more Federal Register notices that contain requirements, applicable waivers, and alternative requirements that apply to the use of these funds. (22) REPAYMENTS (a) Subrecipient shall only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. Subrecipient shall ensure that its contractors, subcontractors, and consultants only expend funding under this Agreement for allowable costs resulting from obligations incurred during the Agreement period. (b) In accordance with Section 215.971, F.S., Subrecipient shall refund to DEO any unobligated funds which have been advanced or paid. (c) Subrecipient shall refund to DEO any funds paid in excess of the amount to which the Subrecipient or its contractors, subcontractors or consultants are entitled under the terms and conditions of this Agreement. (d) Subrecipient shall refund to DEO any funds received for an activity if the activity does not meet one of the three National Objectives listed in 24 CFR § 570.483(b), (c) and (d); provided, however, the Subrecipient is not required to repay funds for subgrant administration unless DEO,in its sole discretion, determines Subrecipient is at fault for the ineligibility of the activity in question. Page 11 of 59 Page 781 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEC)Agreement No.: I0123 (e) Subrecipient shall refund to DEC) any funds not spent in accordance with the conditions of this Agreement or applicable law. Such reimbursement shall be sent to DEC), by the Subrecipient, within thirty (30) calendar days from Subrecipient's receipt of notification of such non-compliance. (f) In accordance with Section 215.34(2), F.S., if a check or other draft is returned to DEC) for collection, the Subrecipient shall pay to DEC) a service fee of$15.00 or five percent of the face amount of the returned check or draft,whichever is greater. All refunds or repayments to be made to DEC)under this Agreement are to be made payable to the order of"Department of Economic Opportunity" and mailed directly to DEC) at the following address: Department of Economic Opportunity Community Development Block Grant Programs Cashier 107 East Madison Street—MSC 400 Tallahassee, Florida 32399-6508 (23) MANDATED CONDITIONS (a) The validity of this Agreement is subject to the truth and accuracy of all the information, representations and materials submitted or provided by the Subrecipient in this Agreement, in any later submission or response to a DEC)request or in any submission or response to fulfill the requirements of this Agreement. All of said information, representations and materials are incorporated herein by reference. (b) This Agreement shall be construed under the laws of the State of Florida and venue for any actions arising out of this Agreement shall be in the Circuit Court of Leon County. The Parties explicitly waive any right to jury trial. (c) If any provision of this Agreement is in conflict with any applicable statute or rule, or is unenforceable, then that provision shall be null and void only to the extent of the conflict or unenforceability, and that provision shall be severable from and shall not invalidate any other provision of this Agreement. (d) Any power of approval or disapproval granted to DEC)under the terms of this Agreement shall survive the term of this Agreement. (e) This Agreement may be executed in any number of counterparts,any one of which may be taken as an original. (0 Subrecipient shall comply with all applicable local,state and federal laws,including the Americans With Disabilities Act of 1990,as amended;the Florida Civil Rights Act,as amended,Chapter 760,Florida Statutes;Title VII of the Civil Rights Act of 1964, as amended; (P.L. 101-336, 42 U.S.C. § 12101 et seg.) and laws which prohibit discrimination by public and private entities on in employment, public accommodations,transportation, state and local government services and telecommunications. (g) Pursuant to Section 287.133(2)(x),F.S.,a person or affiliate,as defined in Section 287.133(1),F.S., who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal or reply on a contract to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids,proposals or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity;and may not transact business with any public entity in excess of thirty- five thousand dollars ($35,000) for a period of thirty-six (36) months following the date of being placed on the convicted vendor list. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the convicted vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the convicted vendor list. (h) Pursuant to Section 287.134(2)(x),F.S.,an entity or affiliate,as defined in Section 287.134(1),who has been placed on the discriminatory vendor list may not submit a bid, proposal or reply on a contract Page 12 of 59 Page 782 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEC)Agreement No.: I0123 to provide any goods or services to a public entity;may not submit a bid,proposal or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids, proposals or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity; and may not transact business with any public entity. By executing this Agreement,the Subrecipient represents and warrants that neither it nor any of its affiliates is currently on the discriminatory vendor list. The Subrecipient shall disclose if it or any of its affiliates is placed on the discriminatory vendor list. (i) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. (j) In the event travel is pre-approved by DEC),any bills for travel expenses shall be submitted and reimbursed in accordance with Section 112.061, F.S., the rules promulgated thereunder and 2 CFR 200.474. (k) If Subrecipient is allowed to temporarily invest any advances of funds under this Agreement,any interest income shall either be returned to DEO or be applied against DSO's obligation to pay the Agreement award amount. (1) Subrecipient acknowledges being subject to Florida's Government in the Sunshine Law (Section 286.011, F.S.) with respect to the meetings of Subrecipient's governing board or the meetings of any subcommittee making recommendations to the governing board. Subrecipient agrees that all such aforementioned meetings shall be publicly noticed,open to the public and the minutes of all the meetings shall be public records made available to the public in accordance with Chapter 119,F.S. (m) Subrecipient shall comply with section 519 of P.L. 101-144,the Department of Veterans Affairs and Housing and Urban Development,and Independent Agencies Appropriations Act, 1990;and section 906 of P.L. 101-625, the Cranston-Gonzalez National Affordable Housing Act, 1990, by having, or adopting within ninety(90) days of execution of this Agreement,and enforcing,the following: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in non-violent civil rights demonstrations;and 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non-violent civil rights demonstrations within its jurisdiction. (n) Upon expiration or termination of this Agreement, Subrecipient shall transfer to DEC) any CDBG-MIT funds remaining at the time of expiration or termination, and any accounts receivable attributable to the use of CDBG-MIT funds. (24) LOBBYING PROHIBITION (a) No funds or other resources received from DEC) under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Subrecipient certifies,by its signature to this Agreement,that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the Subrecipient,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 general 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; 2. 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 Subrecipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and Page 13 of 59 Page 783 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 3. Subrecipient shall require that this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose as described in this Agreement. 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 31 U.S.C. § 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than ten thousand dollars ($10,000) and not more than one hundred thousand dollars ($100,000) for each such failure. (25) COPYRIGHT, PATENT AND TRADEMARK Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. Any and all copyrights accruing under or in connection with the performance of this Agreement are hereby transferred by Subrecipient to the State of Florida. (a) If the Subrecipient has a pre-existing patent or copyright, Subrecipient shall retain all rights and entitlements to that pre-existing patent or copyright unless this Agreement expressly provides otherwise. (b) If any discovery or invention is developed in the course of or as a result of work or services performed under this Agreement or in any way connected with it, Subrecipient shall refer the discovery or invention to DEO for a determination whether the State of Florida will seek patent protection in its name. Any patent rights accruing under or in connection with the performance of this Agreement are reserved to the State of Florida.If any books,manuals,films or other copyrightable material are produced, Subrecipient shall notify DEO. Any copyrights accruing under or in connection with the performance under this Agreement are transferred by the Subrecipient to the State of Florida. (c) Within thirty (30) calendar days of execution of this Agreement, Subrecipient shall disclose all intellectual properties relating to the performance of this Agreement which give rise to a patent or copyright. Subrecipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists, and DEO shall have the right to all patents and copyrights which accrue during performance of this Agreement. (26) LEGAL AUTHORIZATION (a) Subrecipient certifies that it has the legal authority to receive the funds under this Agreement and that its governing body has authorized the execution and acceptance of this Agreement. Subrecipient certifies that the undersigned person has the authority to legally execute and bind the Subrecipient to the terms of this Agreement. DEO may,at its discretion,request documentation evidencing the undersigned has authority to bind Subrecipient to this Agreement as of the date of execution;any such documentation is incorporated herein by reference. (b) Prior to the execution of this Agreement,Subrecipient warrants that,to the best of its knowledge, there is no pending or threatened action,proceeding,investigation or any other legal or financial condition that would in any way prohibit, restrain or diminish Subrecipient's ability to satisfy its obligations. Subrecipient shall immediately notify DEO in writing if its ability to perform is compromised in any manner during the term of this Agreement. (27) PUBLIC RECORD RESPONSIBILITIES (a) In addition to Subrecipient's responsibility to directly respond to each request it receives for records,in conjunction with this Agreement and to provide the applicable public records in response to such request, Subrecipient shall notify DEO of the receipt and content of all such requests by sending an email to PRReduestLa)deo.m;florida.com within one (1)business day from receipt of the request. (b) Subrecipient shall keep and maintain public records required by DEO to perform the Subrecipient's responsibilities hereunder. Subrecipient shall, upon request from DSO's custodian of Page 14 of 59 Page 784 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 public records, provide DEO 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 by Chapter 119,F.S., or as otherwise provided by law. Subrecipient shall allow public access to all documents, papers, letters or other materials made or received by the Subrecipient in conjunction with this Agreement, unless the records are exempt from Article I, Section 24(a) of the Florida Constitution and Section 119.07(1), F.S. For records made or received by Subrecipient in conjunction with this Agreement, Subrecipient shall respond to requests to inspect or copy such records in accordance with Chapter 119, F.S. For all such requests for records that are public records, as public records are defined in Section 119.011, F.S., Subrecipient shall be responsible for providing such public records per the cost structure provided in Chapter 119, F.S., and in accordance with all other requirements of Chapter 119, F.S., or as otherwise provided by law. (c) This Agreement may be terminated by DEO for refusal by Subrecipient to comply with Florida's public records laws or to allow public access to any public record made or received by the Subrecipient in conjunction with this Agreement. (d) If, for purposes of this Agreement, Subrecipient is a "contractor" as defined in Section 119.0701(1)(a),F.S. ("Subrecipient-contractor',the Subrecipient-contractor shall transfer to DEO,at no cost to DEO, all public records upon completion including termination, of this Agreement or keep and maintain public records required by DEO to perform the service. If Subrecipient-contractor transfers all public records to the public agency upon completion of this Agreement, Subrecipient-contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Subrecipient-contractor keeps and maintains public records upon completion of the Agreement,the Subrecipient-contractor shall meet all applicable requirements for retaining public records in accordance with Chapters 119 and 257,F.S. All records stored electronically must be provided to DEO,upon request from DSO's custodian of public records, in a format that is compatible with the information technology systems of DEO. (e) If DEO does not possess a record requested through a public records request,DEO shall notify Subrecipient-contractor of the request as soon as practicable, and the Subrecipient-contractor must provide the records to DEO or allow the records to be inspected or copied within a reasonable time,but in all cases within fourteen business days. If the Subrecipient-contractor does not comply with DEO's request for records, DEO shall enforce the provisions set forth in this Agreement. Subrecipient- contractor who fails to provide public records to DEO within a reasonable time may be subject to penalties under Section 119.10, F.S. ( Subrecipient shall notify DEO verbally within twenty-four (24) hours and in writing within seventy-two (72)hours if any data in the Subrecipient's possession related to this Agreement is subpoenaed or improperly used, copied or removed (except in the ordinary course of business) by anyone except an authorized representative of DEO. Subrecipient shall cooperate with DEO,in taking all steps as DEO deems advisable,to prevent misuse,regain possession or otherwise protect the State's rights and the data subject's privacy. (g) Subrecipient acknowledges DEO is subject to the provisions of Chapter 119, F.S., relating to public records and that reports,invoices and other documents Subrecipient submits to DEO under this Agreement constitute public records under Florida Statutes. Subrecipient shall cooperate with DEO regarding DSO's efforts to comply with the requirements of Chapter 119,F.S. (h) If Subrecipient submits records to DEO that are confidential and exempt from public disclosure as trade secrets or proprietary confidential business information,such records should be identified as such by Subrecipient prior to submittal to DEO. Failure to identify the legal basis for each exemption from the requirements of Chapter 119,F.S.,prior to submittal of the record to DEO serves as the Subrecipient's waiver of a claim of exemption. Subrecipient shall ensure public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for Page 15 of 59 Page 785 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEC)Agreement No.: I0123 the duration of this Agreement term and following completion of this Agreement if the Subrecipient- contractor does not transfer the records to DEC) upon completion, including termination, of this Agreement. (i) IF SUB RECIPIENT-CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE SUBRECIPIENT-CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS by telephone at 850-245-7140, via email at PRRequest(Ldeo.mvflorida.com, or by mail at Department of Economic Opportunity, Public Records Coordinator, 107 East Madison Street, Caldwell Building, Tallahassee, Florida 32399-4128. 0) To the extent allowable by law, Subrecipient shall be fully liable for the actions of its agents, employees,partners,contractors and subcontractors and shall fully indemnify,defend,and hold harmless the State and DEC), and their officers, agents and employees, from suits, actions, damages, and costs of every name and description,including attorneys'fees,arising from or relating to public record requests or public record law violation(s), alleged to be caused in whole or in part by the Subrecipient, its agents, employees,partners, contractors or subcontractors,provided,however, Subrecipient does not indemnify for that portion of any costs or damages proximately caused by the negligent act or omission of the State or DEC). DEC),in its sole discretion,has the right,but not the obligation,to enforce this indemnification provision. (k) DEC) does not endorse any Subrecipient, commodity, or service. Subject to Chapter 119, F.S., Subrecipient shall not publicly disseminate any information concerning this Agreement without prior written approval from DEC),including, but not limited to,mentioning this Agreement in a press release or other promotional material, identifying DEC) or the State as a reference, or otherwise linking Subrecipient's name and either a description of the Agreement or the name of DEC) or the State in any material published,either in print or electronically,to any other entity that is not a Party to this Agreement, except potential or actual employees,agents,representatives or subcontractors with the professional skills necessary to perform the work services required by the Agreement. (1) Subrecipient shall comply with the requirements set forth in Section 119.0701,F.S.,when entering into any public agency contract for services after the Effective Date of this Agreement. Subrecipient shall amend each of the Subrecipient's public agency contracts for services already in effect as of the Effective Date of this Agreement and which contract will or may be funded in whole or in part with any public funds. DEC)may terminate this Agreement if the Subrecipient does not comply with this provision. (28) EMPLOYMENT ELIGIBILITY VERIFICATION (a) Section 448.095,F.S.,requires the following: 1. Every public employer, contractor, and subcontractor shall register with and use the E- Verify system to verify the work authorization status of all newly hired employees.A public employer, contractor,or subcontractor may not enter into a contract unless each party to the contract registers with and uses the E-Verifv system. 2. A private employer shall, after making an offer of employment which has been accepted by a person,verify such person's employment eligibility.A private employer is not required to verify the employment eligibility of a continuing employee hired before January 1, 2021. However, if a Page 16 of 59 Page 786 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 person is a contract employee retained by a private employer, the private employer must verify the employee's employment eligibility upon the renewal or extension of his or her contract. (b) E-Verify is an Internet-based system that allows an employer, using information reported on an employee's Form I-9, Employment Eligibility Verification, to determine the eligibility of all new employees hired to work in the United States. There is no charge to employers to use E-Verify. The Department of Homeland Security's E-Verify system can be found at: httns://wwv,.e-verify�ov/ (c) If the Recipient does not use E-Verify the Recipient shall enroll in the E-Verify system prior to hiring any new employee or retaining any contract employee after the effective date of this Agreement. (29) PROGRAM INCOME (a) The Subrecipient shall report to DEO all program income (as defined at 24 CFR§ 570.500(a) or in the Federal Register Guidance governing the CDBG-MIT funds) generated by activities carried out with CDBG-MIT funds made available under this Agreement as part of the Subrecipient's Quarterly Progress Report. The Subrecipient shall use program income in accordance with the applicable requirements of 2 CFR part 200,24 CFR part 570.489,570.500,570.504 and the terms of this Agreement. (b) Program income generated after closeout shall be returned to DEO. Program income generated prior to closeout shall be returned to DEO unless the program income is used to fund additional units of CDBG-MIT activities, specified in a modification to this Agreement and duly executed prior to administrative closeout. (30)NATIONAL OBJECTIVES All activities funded with CDBG-MIT funds must meet the criteria for one of the CDBG program's National Objectives. The Subrecipient certifies that the activities carried out under this Agreement shall meet the following national objectives and satisfy the following criteria: (a) Benefit low and moderate income; (b) Meet a particularly urgent need; (c) Aid in the prevention or elimination of slums or blight. (31) INDEPENDENT CONTRACTOR (a) In Subrecipient's performance of its duties and responsibilities under this Agreement, it is mutually understood and agreed Subrecipient is at all times acting and performing as an independent contractor. Nothing in this Agreement is intended to or shall be deemed to constitute an employer/employee relationship, partnership or joint venture between the Parties. Subrecipient shall at all times remain an independent contractor with respect to the services to be performed under this Agreement. Nothing in this Agreement shall be construed to create any agency or employment relationship between DEO Subrecipient,its employees,subcontractors or agents.Neither Party shall have any right, power or authority to assume, create or incur any expense, liability or obligation, express or implied, on behalf of the other. Page 17 of 59 Page 787 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 (b) Subrecipient,its officers,agents,employees, subcontractors or assignees,in performance of this Agreement shall act in the capacity of an independent contractor and not as an officer, employee, agent, joint venturer, or partner of the State of Florida. (c) Subrecipient shall have sole right to control the manner,method and means by which the services required by this Agreement are performed. DEO shall not be responsible to hire, supervise or pay Subrecipient's employees. Neither Subrecipient, nor its officers, agents, employees, subcontractors or assignees are entitled to State retirement or State leave benefits, or to any other compensation of State employment as a result of performing the duties and obligations of this Agreement. (d) Subrecipient agrees to take such actions as may be necessary to ensure that each subcontractor will be deemed to be an independent contractor and will not be considered or permitted to be an agent, employee, servant,joint venturer or partner of the State of Florida. (e) Unless justified by the Subrecipient,and agreed to by DEO in the Scope of Work,DEO will not furnish services of support (e.g., office space, office supplies, telephone service, secretarial or clerical support) to the Subrecipient or its subcontractor or assignee. (0 DEO shall not be responsible for withholding taxes with respect to the Subrecipient's use of funds under this Agreement. Subrecipient shall have no claim against DEO for vacation pay, sick leave, retirement benefits, social security, workers' compensation, health or disability benefits, reemployment assistance benefits or employee benefits of any kind. Subrecipient shall ensure that its employees, subcontractors and other agents,receive benefits and necessary insurance (health,workers'compensation, reemployment assistance benefits) from an employer other than the State of Florida. (g) Subrecipient, at all times during the Agreement, must comply with the reporting and Reemployment Assistance contribution payment requirements of Chapter 443,F.S. (h) DEO shall not be responsible the provision of any training to Subrecipient,its employees,assigns, agents,representatives or subcontractors in the professional skills necessary to perform the work services required by this Agreement;DEO may provide training in the form of an Implementation Workshop in keeping with implementation --- Remainder of this page is intentionally left blank Page 18 of 59 Page 788 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 State of Florida Department of Economic Opportunity Federally Funded Subrecipient Agreement Signature Page IN WITNESS THEREOF, and in consideration of the mutual covenants set forth above and, in the attachments and exhibits hereto, the Parties executed this Agreement by their duly authorized undersigned officials. CITY OF BOYNTON BEACH,FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY By By Signature Signature Ty Penserga Dane Eagle Title Mayor Title Secretary Date Date Federal Tax ID# 59-6000282 DUNS # 072247133 Approved as to form and legal sufficiency, subject only to full and proper execution by the Parties. OFFICE OF GENERAL COUNSEL DEPARTMENT OF ECONOMIC OPPORTUNITY By: Approved Date: Page 19 of 59 Page 789 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 Attachment A — Scope of Work 1. PROGRAM DESCRIPTION: In April 2018, the U.S. Department of Housing and Urban Development (HUD) announced the State of Florida, Department of Economic Opportunity (DEO) would receive $633,485,000 in funding to support long-term mitigation efforts following declared disasters in 2016 and 2017 through HUD's Community Development Block Grant Mitigation (CDBG-MIT) program. Awards were distributed on a competitive basis targeting HUD designated Most Impacted and Distressed (MID) Areas, primarily addressing the Benefits to Low-to-Moderate Income (LMI) National Objective. Additional information may be found in the Federal Register,Vol. 84,No. 169. The Florida Department of Economic Opportunity (DEO) has apportioned the Federal Award to include the following initiatives: Critical Facility Hardening Program $75,000,000; General Planning Support Program $20,000,000; General Infrastructure Program $475,000,000; and State Planning and Administration $63,485,000. This award has been granted under the Critical Facility Hardening Program. Projects eligible for funding under this program must harden critical buildings that serve a public safety purpose for local communities. Critical buildings include: • Potable water facilities • Wastewater facilities • Police departments • Fire departments • Hospitals • Emergency operation centers • Emergency shelters 2. PROJECT DESCRIPTION: The City of Boynton Beach, Florida has been awarded Two Million One Hundred Thousand Dollars and Zero Cents ($2,100,000.00) in CDBG-MIT (Community Development Block Grant- Mitigation) to provide standby power to the East Water Treatment Plant. Major tasks to be completed include awarding Phase 1 of the Design Build contract, completing design of the new generator system, purchasing of the equipment, completing construction, testing and finally training & maintenance. During construction the Engineer and Utilities will have representatives onsite to perform inspections. The final testing willinclude certifications by all manufacturers,approving the installation,and testing.This project will be completed under the Low-to-Moderate Income (LMI) National Objective as 51%of the area of benefit consists of LMI residents. There are $2,100,000.00 in leveraged funds to be provided by the Boynton Beach Utilities Capital Improvement Fund for a total project cost of$4,200,000.00 3. SUBRECIPIENT RESPONSIBILITIES: A. Complete and submit to DEO within thirty (30) days of Agreement execution a staffing plan which must be reviewed and approved by the DEO Grant Manager prior to implementation. Should any changes to the staffing plan be deemed necessary an updated plan must be submitted to DEO for review and approval. The Staffing plan must include the following: 1. Organizational Chart;and 2. Job descriptions for Subrecipient's employees,contracted staff,vendors,and contractors. B. Develop and submit a copy of the following policies and procedures to the DEO Grant Manager for review and approval within thirty (30) days of Agreement execution. The DEO Grant Manager will provide approval in writing prior to the policies and procedures being implemented. 1. Procurement policies and procedures that incorporate 2 CFR Part 200.317-327. Page 20 of 59 Page 790 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 2. Administrative financial management policies, which must comply with all applicable HUD CDBG-MIT and State of Florida rules. 3. Quality assurance and quality control system policies and procedures that comply with all applicable HUD CDBG-MIT and DEO policies. 4. Policies and procedures to detect and prevent fraud, waste and abuse that describe how the Subrecipient will verify the accuracy of applicant information, monitoring policy indicating how and why monitoring is conducted, the frequency of monitoring policy, and which items will be monitored,and procedures for referring instances of fraud,waste and abuse to HUD OIG Fraud Hotline (phone: 1-800-347-3735 or email hotline(a),hudoig.gov). 5. Policies and procedures for the requirements under 2 CFR 200 Uniform Administrative Requirements,Cost Principles, and Audit Requirements for Federal Award. C. Attend fraud related training offered by HUD OIG to assist in the proper management of the CDBG-MIT grant funds when available. D. Upload required documents into a system of record provided by DEC). E. Complete and submit an updated Project Detail Budget (Attachment B) for review and approval by DEO no later than thirty (30) days after Agreement execution. Any changes to the Project Detail Budget must be submitted in the monthly report submitted to DEO for review and approval by the DEO Grant Manager. F. Maintain organized Subrecipient agreement files and make them accessible to DEO or its representatives upon request. G. Comply with all terms and conditions of the Subrecipient Agreement,Infrastructure Program Guidelines,Action Plans,Action Plan amendments, and Federal, State, and local laws. H. Provide copies of all proposed procurement documents to DEO ten(10) days prior to posting as detailed in Attachment D of Subrecipient Agreement. The proposed procurement documents will be reviewed and approved by DEO Grant Manager. Should the procurement documents require revisions based on state or federal requirements, Subrecipient will be required to postpone procurement and submit revised documents for review and approval. L Complete procurement of all applicants for internal grants management and compliance and direct program and product production,including: 1. Selection of applicants, subrecipients and/or staff that will be responsible for managing applicant intake and related operations, compliance, finance,and administration. 2. Selection of applicants, subrecipients and/or staff that will be responsible for appraisal, environmental review,title services and legal services. 3. Copies of all contracts that will be executed by Subrecipient. Contracts must be provided to DEO prior to execution as detailed in Attachment D. Any contract executed by Subrecipient must follow the terms and conditions set forth in this Agreement. Should the submitted contract require necessary additions and/or changes,DSO's Contract Manager will contact Subrecipient regarding changes. Subrecipient is required to submit the updated contract within thirty (30) days. Should the contract not be submitted in a timely manner, Subrecipient will be required to complete the selection process once more. J. Ensure all projects seeking assistance under the current CDBG-MIT funds, and any future funds allocated for Mitigation,provided by DEC),receive the required Environmental Clearance from DEO prior to Subrecipient being able to commit CDBG-MIT funds. K. Provide the following documentation to DEO within ten (10) calendars after the end of each month: 1. A revised detail report measuring the actual cost versus the project cost. 2. An updated Attachment C which documents any changes to the project progress along with justification for the revision. Page 21 of 59 Page 791 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 L. Develop and submit to DEO a monthly revised detailed timeline for implementation consistent with the milestones outlined in the Mitigation Program Guidelines and report actual progress against the projected progress ten (10) calendar days after the end of each month. M. Provide the following information on a quarterly basis within ten (10) calendar days of the end of each quarter: 1. Submit updated organization chart on a quarterly basis with quarterly report. 2. If staffing changes,there must be s submittal stating the names,job descriptions, on the monthly report deadline. 3. A progress report documenting the following information: a. Accomplishments within the past quarter; b. Issues or risks that have been faced with resolutions;and c. Projected activities to be completed within the following quarter. N. Subrecipient shall adhere to the deadlines for the project as agreed upon in the Attachment C—Activity Work Plan. If Subrecipient is unable to meet a deadline within thirty (30) calendar days of the due date,Subrecipient shall request an extension of such deadline from DEO in writing at least thirty(30) business days prior to the deadline. Deadlines shall not be extended outside of the term of this Agreement except by a formal amendment executed in accordance with Section (5) Modification of Agreement. O. Close out report will be no later than sixty(60) calendar days after this Agreement ends or is otherwise terminated. 4. ELIGIBLE TASKS AND DELIVERABLES: A. Deliverable No. 1—Program Implementation Tasks eligible for reimbursement under this deliverable: 1.Project Management to ensure the proper management and no duplication of benefits.Ensuring project is tracked properly by budget, personnel and hours. PM will be the liaison between the subrecipient, the Contractor and the Architect/Engineer (A/E)) 2. Ensure compliance with Section 3 to include Pre-Bid Training of potential bidders; Bidding Oversight and Selection of Section 3 Preference;Pre-Construction Documentation&Training of Contractor;Weekly Monitoring for new Section 3 Hires;Monthly Section 3 Reporting from Contractors- Section 3 Reporting to FDEO/HUD) 3. Performance of Fair Housing activities i.e. Fair Housing Month Proclamation and Resolution;letters to bankers and realtors;postings at Government Center and Library) 4. Reviews of compliance with Davis Bacon Labor Standards: (includes Verification of Certified Weekly Payrolls;Employee Interviews and Site Inspections;Training Contractor Personnel on Davis Bacon. 5. Construction Oversight (includes oversight of the Engineer/Architect of the project to ensure the project is on schedule and within budget. Being liaison between subrecipient & A/E if problems arise. Doing site inspections from time to time.) 6. Construction Inspections (physical inspections to ensure project complies with engineering design and working drawings. 7. Financial Oversight (Contractors and A/E invoices will be Q/C to ensure they are correct and within budget before processed on a Request for Reimbursement (RFR).All budget mods will be prepared by the Project Manager) 8.Data and Document Management(All records will be kept on-site in hard and electronic copy for review by FDEO/HUD) 9. Create and submit all required Semi-Annual Reports,Quarterly Reports and other required reports. Page 22 of 59 Page 792 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 10. Conduct activities associated with the required environmental review as required by 24 CFR 50.4,58.5 and 58.6. B. Deliverable No. 2—Engineering and Design Subrecipient shall: 1. Hire a Florida licensed Engineer/Architect to design the power back-up project and prepare working drawings and cost estimates for replacement of backup power system. 2. Submit a full design package, signed and sealed by a physical engineer licensed in Florida, including, but not limited to, engineering drawings, specifications, construction cost estimate,surveys,and any other reports,documents,or information relevant to the design 3. Obtain copies of all permit applications, correspondence with permitting agencies, final permits, and any other permit-related documentation for the project. C. Deliverable No. 3—Construction Subrecipient shall: 1. Purchase and deliver to site one (1) KD1250-4 or compatible Factory—Diesel Generator set for the East Water Treatment Plant in Boynton Beach. Remove and properly dispose of existing aging temporary generator and install and wire new generator. 2. Purchase and deliver to site one (1) Kohl Switchgear in Fidelity Enclosure,or compatible equipment, with manufacturer startup services, the electrical equipment necessary to synchronize the new generator to supply standby power in a reliable and safe manner and procure and deliver to site one complete (1) Enclosed Paralleling Gear and site preparation to receive gear for installation. 3. Install fabricated Walkways &Covers for standby power system. Demolish existing Florida Power& Light (FPL)Vault and existing steps and dispose of debris in an environmentally responsible manner. 4. Demo Fuel Tank Canopy remove existing and previously decommissioned fuel tank and dispose in an environmentally responsible manner. 5. Demo the existing concrete slabs in the FPL Transformer vault,the fuel tank area and old generator area. Remove unused electrical duct bank 6. Clear site, take additional soil boring and soil samples, perform soil restoration and compaction. Confirm site is ready for new construction. 7. Installation of standby power system, electrical conduits, and wiring. Complete the installation of paralleling gear 8. Installation of Communication &Control, Start-up and Commissioning of Standby Power System 9. Start up and commissioning of standby power system and all remaining grant deliverable items. 10. Repair and refinish existing exterior wall surface and facia following demolition of existing external structures. 11. Perform building and piping restoration,painting,concrete repair&and site restoration. 12. Provide site restoration following removal of existing concrete slabs and pavement. 5. DEO RESPONSIBILITIES: A. Monitor the ongoing activities of Subrecipient to ensure all activities are being performed in accordance with the Agreement to the extent required by law or deemed necessary be DEO in its discretion B. Assign a Grant Manager as a point of contact for Subrecipient C. Review Subrecipient's invoices described herein and process them on a timely basis D. DEO shall monitor progress, review reports, conduct site visits, as DEO determines necessary at DSO's sole and absolute discretion,and process payments to Subrecipient Page 23 of 59 Page 793 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 6. DELIVERABLE: Subrecipient agrees to provide the following services as specified: Deliverable No 1. Program Implementation Tasks Minimum Level of Service Financial Consequences Subrecipient may provide project Subrecipient may request Failure to complete the Minimum implementation activities as identified in reimbursement upon Level of Service measures as Section 4.A.,which shall be reimbursed completion of a minimum of specified shall result in non- upon satisfactory completion of an one task on a per completed task payment for this deliverable. eligible task as detailed,in Deliverables basis associated with a 2-3 of this Scope of Work. completed task as identified in Deliverables 2- 3 as evidenced by submittal of the following documentation: 1) Payroll documentation, 2) Section 3 training documentation including training materials and attendance documents (if applicable), to project activities (if applicable), 3) Environmental review activities (if applicable), 4) Project files (if applicable), 5) Evidence of fair housing activities (if applicable), 6) Davis Bacon reviews (if applicable) 7) Permit fees (if applicable),and 8) Invoice package in accordance with Section 7 of this Scope of Work. Deliverable No. 1 Cost: $$100,000.00 Deliverable No. 2—Engineering and Design Tasks: Minimum Level of Service: Financial Consequences: ubrecipient shall complete eligible task Subrecipient may request Failure to complete the Minimum as detailed in Section 4.B of this Scope reimbursement upon completion Level of Service measures as of Work. of the task listed in 4.B. of this specified shall result in non- Scope of Work as evidenced payment for this deliverable. by submittal of the following documentation: 1)Copy of the design drawings and/ or working drawings; 2) Copy of all permits (if applicable); and 2) Invoice package in accordance with Section 7 of this Scope of Page 24 of 59 Page 794 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEC)Agreement No.: I0123 Work Deliverable No. 2 Cost: $150,000.00 Deliverable No. 3—Construction Tasks: Minimum Level of Service: Financial Consequences: Subrecipient shall complete eligible task Subrecipient may request Failure to complete the Minimum as detailed in Section 4.C.1 of the Scope reimbursement upon completion Level of Service measures as of Work. of the task listed in 4.C.1 of this specified shall result in non- Scope of Work as evidenced by payment for this deliverable. submittal of the following documentation: 1) Invoice package in accordance with Section 7 of this Scope of Work Deliverable No. 3 Task 1 Cost: $450,000.00 Tasks: Minimum Level of Service: Financial Consequences: Subrecipient shall complete eligible tasks Subrecipient may request Failure to complete the Minimum as detailed in Section 4.C.2 through reimbursement for each individual Level of Service measures as 4.C.12 of this Scope of Work. site upon completion of the tasks specified shall result in non- listed in 4.C.2. through 4.C.12 of payment for this deliverable. this Scope of Work, or upon completion of construction at the 20%,40%, 60%, 80% and closeout milestones.All reimbursement requests must be evidenced by submittal of the following documentation: 1) AIA forms G702,G703 or their substantive equivalent, certifying that the project,or a quantifiable portion of the project is complete. 2) Photographs of the completed project, or progress made. 3) Invoice package in accordance with Section 7 of this Scope of Work Deliverable No. 3 Tasks 2 through 12 Cost: $1,400,000.00 Total Project Costs Not to Exceed: $2,100,000.00 COST SHIFTING: The deliverable amounts specified within the Deliverables table above are established based on the Parties'estimation of sufficient delivery of services fulfilling grant purposes under the Agreement in order to designate payment points during the Agreement Period; however, this is not intended to restrict DSO's ability to approve and reimburse allowable costs Subrecipient incurred providing the deliverables herein. Prior written approval from DSO's Agreement Manager is required for changes to the above Deliverable amounts that do not exceed 10% of each deliverable total funding amount. Changes that exceed 10% of each deliverable total funding amount will require a formal written amendment request from Subrecipient,as described in MODIFICATION section of the Agreement.Regardless,in no event shall DEC) reimburse costs of more than the total amount of this Agreement. 7. INVOICE SUBMITTAL Page 25 of 59 Page 795 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 DEO Agreement No.: I0123 DEO shall reimburse Subrecipient in accordance with Section 6, above. In accordance with the Funding Requirements of s. 215.971(1),F.S. and Section 21 of this Agreement, Subrecipient and its subcontractors may only expend funding under this Agreement for allowable costs resulting from obligations incurred during this Agreement. To be eligible for reimbursement, costs must be in compliance with laws, rules and regulations applicable to expenditures of State funds, including, but not limited to, the Reference Guide for State Expenditures (httns://www.myfloridacfo.com/Division/AA/Manuals/documents/ReferenceGuideforStateExnenditures.odd . A. Subrecipient shall provide one invoice for services rendered during the applicable period of time. In any month no deliverable has been completed,the subrecipient will provide notice that no invoicing will be submitted. B. The following documents shall be submitted with the itemized invoice: 1. A cover letter signed by Subrecipient's Agreement Manager certifying that the costs being claimed in the invoice package: (1) are specifically for the project represented to the State in the budget appropriation; (2) are for one or more of the components as stated in Section 5, DELIVERABLES, of this Attachment A; (3) have been paid; and (4) were incurred during this Agreement. 2. Subrecipient's invoices shall include the date,period in which work was performed, amount of reimbursement,and work completed to date; 3. A certification by a licensed professional using AIA forms G702 and G703, or their substantive equivalents, certifying that the project, or a quantifiable portion of the project,is complete. 4. Photographs of the project in progress and completed work; 5. A copy of all supporting documentation for vendor payments; 6. A copy of the bank statement that includes the cancelled check or evidence of electronic funds transfer. The State may require any other information from Subrecipient that the State deems necessary to verify that the services have been rendered under this Agreement. C. Subrecipient's invoice and all documentation necessary to support payment requests must be submitted into DSO's Subrecipient Enterprise Resource Application (SERA). Further instruction on SERA invoicing and reporting, along with a copy of the invoice template, will be provided upon execution of the Agreement. --- Remainder of this page is intentionally left blank Page 26 of 59 Page 796 of 949 M N_ O z Fw Q � O � w 0 U A O CY) U � O ti rn o � F � c6 o � � za w •� o a � .o N i•i U s-i � U � 1 6J 6J � o w U- z N 0 a 00 00 Qj W C a) A Q w R- a� �� p iii ^V ' V by b p'- Ub-0b-0LL f1 1.4 1.4 Qj CL Qj ul LLI U W w MO MO •U •U ~ rT�` rn d J ti cn N M M M U) O O 0 M N_ O H O � � O 6� W � a� 0 o rn rn O en co rn vi N m 00 O U L." O � � O � N O tb 00 6� O � O � � O � o N w N a) o bp L - o CAbL LL O O n i a� w o w �1j o O M N M U O 0 / \ � * ° ° � m 2 ƒ S 7 2g b. g _ � c Q � \ % m E \ CY) 0 m \ CY) ) � � � k § W E a $ � a § � / \ / � \ { � ° ® y ƒ / / k ± o \o . m \ } 2 \ \ \ \ \� § � 6 � §CL o / 'S t > ui / / f 0 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Attachment D—Program and Special Conditions 1. The Subrecipient shall demonstrate that progress is being made in completing project activities in a timely fashion pursuant to the activity work plan. If the Subrecipient does not comply with the activity work plan schedule, a justification for the delay and a plan for timely accomplishment shall be submitted to DEO within 21 calendar days of receiving DSO's request for justification for the delay. Any project for which the Subrecipient has not completed the activities listed in the Activity Work Plan may be rescinded unless DEO agrees that the Subrecipient has provided adequate justification for the delay. 2. The Subrecipient shall maintain records of expenditure of funds from all sources that will allow accurate and ready comparison between the expenditures and the budget/activity line items as defined in the Project Detail Budget and Activity Work Plan. 3. The Subrecipient shall request DSO's approval for all professional services contracts and/or agreements that will be reimbursed with CDBG-MIT funds. Copies of the following procurement documents must be provided to DEO for review: a. When publication of a Request for Proposal(RFP)is used as a means of solicitation,a copy of the advertisement, including an affidavit of publication; b. DEO will either approve the procurement or notify the Subrecipient that the procurement cannot be approved because it violates State, Federal or local procurementguidelines. The Subrecipient shall notify DEO in writing no later than 90 calendar days from the effective date of this agreement if it will not be procuring any professional services or if it will be using non-CDBG-MIT funds to pay for professional services. 4. Prior to the obligation or disbursement of any funds, except for administrative expenses and not to exceed $5000, the Subrecipient shall complete the following: a. Submit for DSO's approval the documentation required in paragraph 3 above for any professional services contract. The Subrecipient proceeds at its own risk if more than the specified amount is incurred before DEO approves the procurement. If DEO does not approve the procurement of a professional services contract, the local government will not be able to use CDBG-MIT funds for that contract beyond$5,000. b. Comply with 24 CFR part 58 and the regulations implementing the National Environmental Policy Act,40 CFR §§ 1500-1508. When the Subrecipient has completed the environmental review process,it shall submit a Request for Release of Funds and Certification. DEO will issue an Authority to Use Grant Funds (form HUD-7015.16) when this condition has been fulfilled to the satisfaction of DEO. If DEO has not issued an Authority to use Grant Funds within 15 days of Subrecipient's submission of the required documentation,DEO shall provide the Subrecipient a written update regarding the status of the review process. SUBRECIPIENT SHALL NOT BEGIN CONSTRUCTION BEFORE DEO HAS ISSUED THE "AUTHORITY TO USE GRANT FUNDS." 5. The Subrecipient agrees to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,as amended(42 U.S.C. §§ 4601-4655;hereinafter,the "URA"),implementing regulations at 24 CFR part 42,49 CFR part 24 and 24 CFR§570.606(b),the requirements of 24 CFR§42.325—42.350 governing the Residential Anti-displacement and Relocation Assistance Plan under section 104(d) of the Housing and Community Development Act of 1974 (42 U.S.C. § 5304(d)), and the requirements in 24 CFR § 570.606(d),governing optional relocation assistance policies. 6. If the Subrecipient undertakes any activity subject to the URA, the Subrecipient shall document completion of the acquisition by submitting all documentation required for a desk monitoring of the acquisition,including a notice to property owners of his or her rights under the URA,an invitation to accompany the appraiser,all appraisals,offer to the owner,acceptance,contract for sale,statement of settlement costs,copy of deed,waiver of rights (for donations), as applicable. The documentation shall be submitted prior to completing the acquisition (closing) so that DEO can Page 30 of 59 Page 800 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 determine whether remedial action may be needed. The Subrecipient shall provide relocation assistance to displaced persons as defined by 24 CFR § 570.606(b)(2), that are displaced as a direct result of acquisition, rehabilitation, demolition,or conversion for a CDBG-assisted project. 7. The Subrecipient shall timely submit completed forms for all prime and subcontractors as required by this Agreement, DEO,HUD, and applicable,regulations and guidance laws, specifically including but not limited to: a. Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions); b. Section 3 Participation Report (Construction Prime Contractor); c. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (Subcontractor), (if applicable); and d. Section 3 Participation Report (Construction Subcontractor), (if applicable). 8. In addition, each construction contract or agreement for new or replacement housing must contain language that requires the contractor to meet the Green Building Standard for Replacement and New Construction of Residential Housing,as defined in the Allocation notice published in the Federal Register Volume 81,Number 224 on Monday, November 21,2016. 9. For each Request for Funds (RFF) that includes reimbursement of construction costs,the Subrecipient shall provide a copy of the American Institute of Architects (AIA) form G702, Application and Certification for Payment, or a comparable form approved by DEO, signed by the contractor and inspection engineer, and a copy of form G703, Continuation Sheet, or a comparable form approved by DEO. For each RFF that includes construction costs, the Subrecipient shall provide a copy of AIA form G702,or a comparable form approved by DEO,if applicable, signed by the contractor and the local building inspector or housing specialist and a copy of form G703, or a comparable form approved by DEO,if applicable. 10. For each project, when the Subrecipient issues the Notice to Proceed to the contractor(s), copies of the following documents shall be sent to DEO: a. Notice to Proceed; b. The contractor's performance bond (100 percent of the contract price);and c. The contractor's payment bond (100 percent of the contract price). 11. The Subrecipient shall undertake an activity each quarter to affirmatively further fair housing pursuant to 24 CFR§ 570.487(b). 12. The Subrecipient shall ensure that a deed restriction is recorded on any real property or facility,excluding easements, acquired with CDBG-MIT funds. This restriction shall limit the use of that real property or facility to the use stated in the subgrant application and that title shall remain in the name of the Subrecipient. Such deed restriction shall be made a part of the public records in the Clerk of Court of the county in which the real property is located. Any future disposition of that real property shall be in accordance with 24 CFR § 570.505. Any future change of use of real property shall be in accordance with 24 CFR§ 570.489(j). 13. The Subrecipient shall comply with the historic preservation requirements of the National Historic Preservation Act of 1966, as amended,the procedures set forth in 36 CFR part 800,and the Secretary of the Interior's Standards for Rehabilitation, codified at 36 CFR 67, and Guidelines for Rehabilitating Historic Buildings. 14. Pursuant to section 102(b), Public Law 101-235, 42 U.S.C. § 3545, the Subrecipient shall update and submit Form HUD 2880 to DEO within thirty (30) calendar days of the Subrecipient's knowledge of changes in situations which would require that updates be prepared. The Subrecipient must disclose: a. All developers,contractors,consultants and engineers involved in the application ori the planning,development or implementation of the project or CDBG-MIT-funded activity; and Page 31 of 59 Page 801 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 b. Any person or entity that has a financial interest in the project or activity that exceeds $50,000 or 10 percent of the grant,whichever is less. 15. If required, the Subrecipient shall submit a final Form HUD 2880, to DEO with the Subrecipient's request for administrative closeout,and its absence or incompleteness shall be cause for rejection of the administrative closeout. 16. Conflicts of interest relating to procurement shall be addressed pursuant to 24 CFR § 570.489(g). Title 24 CFR 5 570.489(h) shall apply in all conflicts of interest not governed by 24 CFR§ 570.489(g), such as those relating to the acquisition or disposition of real property.CDBG-MIT financial assistance to beneficiaries,businesses or other third parties; or any other financial interest, whether real or perceived. Additionally, the Subrecipient agrees to comply with,and this Agreement is subject to, Chapter 112 F.S. 17. Any payment by the Subrecipient using CDBG-MIT funds for acquisition of any property,right-of-way,or easement that exceeds fair market value as determined through the appraisal process established in HUD Handbook 1378 shall be approved in writing by DEO prior to distribution of the funds. Should the Recipient fail to obtain DEO pre- approval,any portion of the cost of the acquisition exceeding Fair Market Value shall not be paid or reimbursed with CDBG-MIT funds. 18. The Subrecipient shall take photographs or video of all activity locations prior to initiating any construction. As the construction progresses, additional photography or videography shall document the ongoing improvements. Upon completion of construction, final documentation of the activity locations will be provided to DEO with the administrative closeout package for this Agreement. 19. If an activity is designed by an engineer,architect or other licensed professional,it shall be certified upon completion by a licensed professional as meeting the specifications of the design, as may have been amended by change orders. The date of completion of construction shall be noted as part of the certification. This certification shall be accomplished prior to submission of an administrative closeout package and a copy of the certification shall be submitted with the administrative closeout package. Page 32 of 59 Page 802 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Attachment E—State and Federal Statutes, Regulations, and Policies The CDBG-MIT funds available to the Subrecipient through this agreement constitute a subaward of DSO's Federal award under the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,2 CFR part 200. This agreement includes terms and conditions of DSO's Federal award that are imposed on the Subrecipient and the Subrecipient agrees to carry out its obligations in compliance with all of the obligations described in this Agreement. The Subrecipient agrees to,and,by signing this Agreement, certifies that,it will comply with all applicable provisions of the Housing and Community Development Act of 1974,as amended,and the regulations at 24 CFR part 570,as modified by the Federal Register notices that govern the use of CDBG-MIT funds available under this agreement. These Federal Register notices include, but are not limited to, Federal Register Guidance Vol. 84, No. 169/Friday, August 30, 2019/Notices, Vol. 81, No. 224/Monday, November 21, 2016/Notices, Volume 83, No. 28/Friday, February 9, 2018/Notices, Volume 82, No. ll/Wednesday, January 18, 2017/Notices, Volume 82, No. 150/Monday, August 7, 2017/Notices, and Vol. 83, No. 157/Tuesday, August 14, 2018/Notices. Notwithstanding the foregoing, (1) the Subrecipient does not assume any of DEO's responsibilities for environmental review, decision-making and action, described in 24 CFR part 58 and (2) the Subrecipient does not assume any of DSO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. The Subrecipient shall also comply with all other applicable Federal, state and local laws, regulations and policies as now in effect and as may be amended from time to time that govern the use of the CDBG-MIT funds in complying with its obligations under this agreement, regardless of whether CDBG-MIT funds are made available to the Subrecipient on an advance or reimbursement basis. The Subrecipient also agrees to use funds available under this Agreement to supplement rather than supplant funds otherwise available. The Subrecipient further agrees to comply with all other applicable Federal, State, and local laws, regulations and policies governing the funds provided under this Agreement,including,but not limited to the following: 1. State of Florida Requirement State of Florida Requirements are stated throughout this Agreement and Attachments thereto. 2. Audits.Inspections and Monitoring a. Single Audit The Subrecipient must be audited as required by 2 CFR part 200, subpart F when it is expected that the Subrecipient's Federal awards expended during the respective fiscal year equaled or exceeded the threshold set forth in §200.501 Audit requirements. b. Inspections and Monitoring The Subrecipient shall permit DEO and auditors to have access to the Subrecipient's records and financial statements as necessary for DEO to meet the requirements of 2 CFR part 200. The Subrecipient must submit to monitoring of its activities by DEO as necessary to ensure that the subaward is used for authorized purposes,in compliance with Federal statutes, regulations, and the terms and conditions of this agreement. This review must include: (1) Reviewing financial and performance reports required by DEC); (2) Following up and ensuring that the Subrecipient takes timely and appropriate action on all deficiencies pertaining to the Federal award provided to the Subrecipient from DEO detected through audits, on-site reviews, and other means;and (3) Issuing a management decision for audit findings pertaining to this Federal award provided to the Subrecipient from DEO as required by 2 CFR§200.521. Page 33 of 59 Page 803 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 c. Corrective Actions The Subrecipient shall be subject to reviews and audits by DEO,including onsite reviews of the Subrecipient as may be necessary or appropriate to meet the requirements of 42 U.S.C. 5304(e)(2). DEO may issue management decisions and may consider taking enforcement actions if noncompliance is detected during audits. DEO may require the Subrecipient to take timely and appropriate action on all deficiencies pertaining to the Federal award provided to the subrecipient from the pass-through entity detected through audits, on-site. DEO may impose additional conditions on the use of the CDBG-MIT funds to ensure future compliance or provide training and technical assistance as needed to correct noncompliance. 3. Drug-Free Workplace Subrecipients must comply with drug-free workplace requirements in Subpart B of part 2429, which adopts the government-wide implementation (2 CFR part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (Pub.L. 100-690,Title V, Subtitle D;41 U.S.C. 701-707). 4. Procurement and Contractor Oversight The Subrecipient shall comply with the procurement standards in 2 CFR §200.318 - §200.327 when procuring property and services under this agreement. The Subrecipient shall impose the Subrecipient's obligations under this agreement on its contractors, specifically or by reference, so that such obligations will be binding upon each of its contractors. The Subrecipient must comply with CDBG regulations regarding debarred or suspended entities, specifically including, 24 CFR 570.609 or 24 CFR 570.489, as applicable. CDBG funds may not be provided to excluded or disqualified persons. The Subrecipient shall maintain oversight of all activities under this agreement and shall ensure that for any procured contract or agreement, its contractors perform according to the terms and conditions of the procured contracts or agreements,and the terms and conditions of this agreement.To check for debarred or suspended entities,please visit https://«T�,,Tv.sam.gov/SAKI/ 5. Property Standards Real property acquired by the Subrecipient under this agreement shall be subject to 24 CFR 570.4890) and 24 CFR 570.2000).The Subrecipient shall also comply with the Property Standards at 2 CFR 200.310,2 CFR 200.312,2 CFR 200.314 through 2 CFR 200.316. The Subrecipient shall also comply with 2 CFR 200.313 Equipment, except that when the equipment is sold, the proceeds shall be program income and equipment not needed by the Subrecipient for activities under this agreement shall be transferred to DEO for its CDBG-MIT program or shall be retained after compensating DEO. The Subrecipient shall also comply with the Property Standards in 2 CFR 200.310 through 2 CFR 200.316,except to the extent they are inconsistent with 24 CFR 570.2000) and 24 CFR 570.489(j), in which case Subrecipient shall comply with 24 CFR 570.2000) and 24 CFR 570.4890),except to the extent that proceeds from the sale of equipment are program income and subject to the program income requirements under this agreement, pursuant to 24 CFR 570.489(e)(1)(ii). 6. Federal Funding Accountability and Transparenc,:Act (FFATA) The Subrecipient shall comply with the requirements of 2 CFR part 25 Universal Identifier and System for Award Management (SAM). The Subrecipient must have an active registration in SAM, httPs://www.sam.gov/SAM/ in accordance with 2 CFR part 25, appendix A, and must have a Data Universal Numbering System (DUNS) number haps://fedgov.dnb.com/webform/ The Subrecipient must also comply with provisions of the Federal Funding Accountability and Transparency Act, which includes requirements on executive compensation, 2 CFR part 170 Reporting Subaward and Executive Compensation Information. 7. Relocation and Real Propert�:Acduisition The Subrecipient shall comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended (URA),42 USC 4601 —4655, 49 CFR part 24,24 CFR part 42, and 24 CFR 570.606. Page 34 of 59 Page 804 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 In addition to other URA requirements,these regulations (49 CFR§24.403(d))implement Section 414 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 USC § 5181, which provides that "Notwithstanding any other provision of law, no person otherwise eligible for any kind of replacement housing payment under the URA shall be denied such eligibility as a result of his being unable,because of a major disaster as determined by the President,to meet the occupancy requirements set by such Act". 8. Non-discrimination a. 24 CFR Part 6 The Subrecipient will comply with 24 CFR part 6,which implements the provisions of section 109 of title I of the Housing and Community Development Act of 1974 (Title I) (42 U.S.C. 5309). Section 109 provides that no person in the United States shall, on the ground of race,color,national origin,religion or sex,be excluded from participation in,be denied the benefits of or be subjected to discrimination under any program or activity funded in whole or in part with Federal financial assistance. The Subrecipient will adhere to the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101-6107) (Age Discrimination Act) and the prohibitions against discrimination on the basis of disability under section 504 of the Rehabilitation Act of 1973 (29 U.S.C.794) (Section 504).Section 109 of the HCDA makes these requirements applicable to programs or activities funded in whole or in part with CDBG-MIT funds. Thus, the Subrecipient shall comply with regulations of 24 CFR part 8, which implement Section 504 for HUD programs, and the regulations of 24 CFR part 146,which implement the Age Discrimination Act for HUD programs. b. Architectural Barriers Act and the Americans with Disabilities Act The Subrecipient shall ensure that its activities are consistent with requirements of Architectural Barriers Act and the Americans with Disabilities Act.The Architectural Barriers Act of 1968(42 U.S.C.4151-4157)requires certain Federal and Federally funded buildings and other facilities to be designed, constructed, or altered in accordance with standards that ensure accessibility to, and use by, physically handicapped people. A building or facility designed, constructed or altered with funds allocated or reallocated under this part after December 11, 1995 and meets the definition of"residential structure"as defined in 24 CFR 40.2 or the definition of"building"as defined in 41 CFR 101-19.602(a)is subject to the requirements of the Architectural Barriers Act of 1968 (42 U.S.C. 4151- 4157) and shall comply with the Uniform Federal Accessibility Standards (appendix A to 24 CFR part 40 for residential structures, and appendix A to 41 CFR part 101-19, subpart 101-19.6,for general type buildings). The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) provides comprehensive civil rights to individuals with disabilities in the areas of employment, public accommodations, State and local government services and telecommunications. It further provides that discrimination includes a failure to design and construct facilities for first occupancy no later than January 26 , 1993, that are readily accessible to and usable by individuals with disabilities. Further, the ADA requires the removal of architectural barriers and communication barriers that are structural in nature in existing facilities, where such removal is readily achievable—that is, easily accomplishable and able to be carried out without much difficulty or expense. c. State and Local Nondiscrimination Provisions The Subrecipient must complywith the Florida Small and Minority Business Assistance Act(§§288.703-288.706, F.S.);Title VI of the Civil Rights Act of 1964 (24 CFR part 1) (1) General Compliance The Subrecipient shall comply with the requirements of Title VI of the Civil Rights Act of 1964 (P.L. 88- 352), as amended. No person in the United States shall, on the grounds of race,color,or national origin,be excluded from participation in,be denied the benefits of,or be otherwise subjected to discrimination under any program or activity funded by this agreement.The specific nondiscrimination provisions at 24 CFR 1.4 apply to the use of these funds.The Subrecipient shall not intimidate,threaten,coerce or discriminate against any person for the purpose of interfering with any right or privilege secured by title VI of the Civil Rights Act of 1964 or 24 CFR part 1, or because he has made a complaint,testified, assisted or participated in any manner in an investigation, proceeding or hearing under 24 CFR part 1. The identity of complainants shall Page 35 of 59 Page 805 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 be kept confidential except to the extent necessary to carry out the purposes of 2 CFR part 1,including the conduct of any investigation,hearing or judicial proceeding arising thereunder. (2) Assurances and Real Property Covenants As a condition to the approval of this Agreement and the extension of any Federal financial assistance, the Subrecipient assures that the program or activities described in this Agreement will be conducted and the housing, accommodations,facilities, services, financial aid or other benefits to be provided will be operated and administered in compliance with all requirements imposed by or pursuant to this part 1. If the Federal financial assistance under this agreement is to provide or is in the form of personal property or real property or interest therein or structures thereon, the Subrecipient's assurance herein shall obligate the Subrecipient or, in the case of a subsequent transfer, the transferee, for the period during which the property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits, or for as long as the recipient retains ownership or possession of the property, whichever is longer. In all other cases, the assurance shall obligate the Subrecipient for the period during which Federal financial assistance is extended pursuant to the contract or application. This assurance gives DEO and the United States a right to seek judicial enforcement of the assurance and the requirements on real property. In the case of real property, structures or improvements thereon, or interests therein,acquired with Federal financial assistance under this Agreement or acquired with CDBG-MIT funds and provided to the Subrecipient under this Agreement,the instrument effecting any disposition by the Subrecipient of such real property,structures or improvements thereon,or interests therein,shall contain a covenant running with the land assuring nondiscrimination for the period during which the real property is used for a purpose for which the Federal financial assistance is extended or for another purpose involving the provision of similar services or benefits.If the Subrecipient receives real property interests or funds or for the acquisition of real property interests under this Agreement, to the extent that rights to space on, over, or under any such property are included as part of the program receiving such assistance,the nondiscrimination requirements of this part 1 shall extend to any facility located wholly or in part in such space. d. Affirmative Action (1) Approved Plan The Subrecipient agrees that it shall carry out pursuant to DSO's specifications an Affirmative Action Program in compliance with the President's Executive Order 11246 of September 24, 1966,as amended,and implementing regulations at 42 CFR 60. DEO shall provide Affirmative Action guidelines to the Subrecipient to assist in the formulation of such program. The Subrecipient shall submit a plan for an Affirmative Action Program for approval prior to the release of funds under this agreement. (2) Women- and Minority-Owned Businesses (W/MBE) The Subrecipient shall take the affirmative steps listed in 2 CFR 200.321(b)(1) through (5) to assure that minority businesses,women's business enterprises,and labor surplus area firms are used when possible when the Subrecipient procures property or services under this agreement. (3) Notifications The Subrecipient 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 worker's representative of the Subrecipient's commitments hereunder, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) Equal Employment Opportunity and Affirmative Action (EEO/AA) Statement The Subrecipient shall, in all solicitations or advertisements for employees placed by or on behalf of the Subrecipient, state that it is an Equal Opportunity or Affirmative Action employer. Page 36 of 59 Page 806 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 9. Labor and Employ Labor Standards The Subrecipient shall comply with the in labor standards in Section 110 of the Housing and Community Development Act of 1974, as amended and ensure that all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance received under this agreement shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 3141,et seq.) and 29 CFR part 1,3,5,6 and 7,provided,that this requirement shall apply to the rehabilitation of residential property only if such property contains not less than 8 units. The Subrecipient agrees to comply with the Copeland Anti-Kick Back Act (18 U.S.C. 874) and its implementing regulations of the U.S. Department of Labor at 29 CFR part 3 and part 5. The Subrecipient shall maintain documentation that demonstrates compliance with applicable hour and wage requirements.Such documentation shall be made available to DEO for review upon request. 10. Section 3 of the Housing and Urban Development Act of 1968 a. Low-Income Person Definition A low-income person,as this term is defined in Section 3 (b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)). Section 3(b)(2) of the 1937 Act defines this term to mean families (including single persons) whose incomes do not exceed 80 per centum of the median income for the area, as determined by the Secretary,with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher and or lower than 80 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of prevailing levels of construction costs or unusually high or low—income families; or (ii) A very low- income person,as this term is defined in Section 3(b)(2)of the 1937 Act(42 U.S.C. 1437 a(b)(2)). Section 3(b)(2) of the 1937 Act (42 U.S.C. 1437a(b)(2)) defines this term to mean families (including single persons) whose incomes do not exceed 50 per centum of the median family income for the area,as determined by the Secretary with adjustments for smaller and larger families, except that the Secretary may establish income ceilings higher or lower than 50 per centum of the median for the area on the basis of the Secretary's findings that such variations are necessary because of unusually high or low family incomes. b. Compliance Subrecipient shall comply with the provisions of Section 3 of the Housing Urban Development Act of 1968, as amended, 12 USC 1701u, and implementing its implementing regulations at 24 CFR part 75 (formerly 24 CFR part 135). Compliance with Section 3 shall be achieved, to the greatest extent feasible, consistent with existing Federal, state and local laws and regulations. Accordingly, a subrecipient of Section 3-covered assistance is required to develop strategies for meeting both the regulatory requirements at 24 CFR part 75 and any other applicable statutes or regulations. Subrecipient and any of its contractors and subcontractors shall include the following"Section 3 clause"in every"Section 3-covered contract": A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD-assisted projects covered by Section 3, shall,to the greatest extent feasible, be directed to low- and very low-income persons, particularly persons who are recipients of HUD assistance for housing. B. The parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which implement Section 3.As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a Page 37 of 59 Page 807 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 Clause and willpost copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions,the qualifications for each;the name and location of the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75 and its related regulations in Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. E. The contractor will certify that any vacant employment positions,including training positions, that are filled after the contractor is selected but before the contract is executed, and (2) with persons other than thoseto whom the regulations of 24 CFR part 75 require employment opportunities to be directed,were not filledto circumvent the contractor's obligations under 24 CFR part 75. F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,termination of thiscontract for default,and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance,section 7(b)of the Indian Self-Determination and Education Assistance Act(25 USC 450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians and(ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and section 7(b) agree to comply with Section 3 to the maximum extent feasible,but not in derogation of compliance with section 7(b). 3. Section 3 Benchmarks and Reporting A. Benchmarks. Contracts over $200,000 trigger Section 3 Benchmark requirements. When triggered, best efforts must be made to extend Section 3 opportunities to verified Section 3 workers and business concerns to meet these minimilm numeric goals: 1. Twenty-five percent (25%) of the total hours on a Section 3 project must be worked by Section 3 workers; and 2. Five percent (5%) of the total hours on a Section 3 project must be worked by Targeted Section 3 workers. B. Reporting. If the subrecipient's reporting indicates that the subrecipient has not met the Section 3 benchmarks described in 24 CFR§ 75.23,pursuant to 24 CFR§ 75.25(b),the subrecipient must report in a form prescribed by HUD on the qualitative nature of its activities and those its contractors and subcontractors pursued. C. Recipient will comply with any Section 3 Project Implementation Plan documents,if any,provided by HUD or DEO which may be amended from time to time for HUD reporting purposes. 11. Conduct a. Hatch Act The Subrecipient shall comply with the Hatch Act,5 USC 1501 —1508,and shall ensure that no funds provided, nor personnel employed under this agreement, shall be in any way or to any extent engaged in the conduct of political activities in violation of Chapter 15 of Title V of the U.S.C. Page 38 of 59 Page 808 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 b. Conflict of Interest In the procurement of supplies, equipment, construction, and services pursuant to this agreement, the Subrecipient shall comply with the conflict of interest provisions in DSO's procurement policies and procedures. In all cases not governed by the conflict of interest provisions in DSO's procurement policies and procedures, the Subrecipient shall comply with the conflict of interest provisions in 24 CFR 570.489(h). c. Lobbj ing Certification The Subrecipient hereby certifies that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of it, 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; (2) 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,it will complete and submit Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions; (3) The language of paragraph (i) through (iv) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants and contracts under grants, loans and cooperative agreements) and that all subrecipients shall certify and disclose accordingly;and (4) 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 required by section 1352, title 31, U.S.C. 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. d. Religious Activities The Subrecipient agrees that funds provided under this agreement shall not be utilized for inherently religious activities prohibited by 24 CFR 570.2000), such as worship,religious instruction,or proselytization. Equal Treatment for Faith-Based Organizations. Prohibits any State or localgovernment receiving funds under any Department program, or any intermediate organization with the same duties as a governmental entity, from discriminating for or against an organization on the basis of the organization's religious character or affiliation. Prohibits religious organizations from engaging in inherently religious activities, such as worship, religious instruction,or proselytization, as part of the programs or services funded with direct financial assistance. Prohibits an organization that participates in programs funded by direct financial assistance from the Department, in providing services, from discriminating against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Any restrictions on the use of grant funds shall apply equally to religious and non-religious organizations. e. Environmental Conditions (1) Prohibition on Choice Limiting Activities Prior to Environmental Review The Subrecipient must comply with the limitations in 24 CFR 58.22 even though the Subrecipient is not delegated the requirement under Section 104(g) of the HCD Act for environmental review,decision-making and action (see 24 CFR part 58) and is not delegated DSO's responsibilities for initiating the review process under the provisions of 24 CFR Part 52. 24 CFR 58.22 imposes limitations on activities pending clearance and specifically limits commitments of HUD funds or non-HUD funds by anyparticipant in the development process before completion of the environmental review. A violation of this requirement may result in a prohibition on the use of Federal funds for the activity. If DEO has not issued an Authority to Use Grant Funds within 15 days of Subrecipient's submission of the required documentation, DEO shall provide the Subrecipient a written update regarding the status of the review process. (2) Air and Water The-Subrecipient shall comply with the following requirements insofar as they apply to the performance of this agreement: Page 39 of 59 Page 809 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 (a) Air quality. (1) The Clean Air Act (42 U.S.C. 7401 et. seq.) as amended;particularly section 176(c) and (d) (42 U.S.C. 7506(c) and (d)); and (2) Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 CFR parts 6, 51, and 93);and (b) Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251, et seg., as amended, including the requirements specified in Section 114 and Section 308 of the Federal Water Pollution Control Act, as amended,and all regulations and guidelines issued thereunder. (c) The Clean Air and Water Act: If this Contract is in excess of$100,000,Contractor shall comply with all applicable standards, orders or regulations issued under the Clean Air Act,as amended, 42 U.S.C. 7401, Section 508 of the Clean Water Act, as amended, 33 U.S.C. 1368, et seq., Executive Order 11738 and Environmental Protection Agency regulations. Contractor shall report any violation of the above to DEO. (d) Energy Efficiency: Contractor shall comply with mandatory standards and policies relating to energy efficiency which are contained in the State of Florida's energy conservation plan issued in compliance with the Energy Policy and Conservation Act,Pub.L. 94-163. (3) Flood Disaster Protection The Subrecipient shall comply with the mandatory flood insurance purchase requirements of Section 102 of the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, 42 USC 4012a. Additionally, the Subrecipient shall comply with Section 582 of the National Flood Insurance Reform Act of 1994,as amended,(42 U.S.C. 5154a),which includes a prohibition on the provision of flood disaster assistance,including loan assistance, to a person for repair,replacement or restoration for damage to any personal,residential, or commercial property if that person at any time has received Federal flood disaster assistance that was conditioned on the person first having obtained flood insurance under applicable Federal law and the person has subsequently failed to obtain and maintain flood insurance as required under applicable Federal law on such property. Section 582 also includes a responsibility to notify property owners of their responsibility to notify transferees about mandatory flood purchase requirements. More information about these requirements is available in the Federal Register notices governing the CDBG- MIT award and listed at the beginning of this Attachment. (4) Lead-Based Paint The Subrecipient shall follow DSO's procedures with respect to CDBG assistance that fulfill the objectives and requirements of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4821-4846),the Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851-4856), and implementing regulations at part 35, subparts A,B,J,K,and R of this title. (5) Historic Preservation The Subrecipient shall comply with the Historic Preservation requirements set forth in the National Historic Preservation Act of 1966,as amended, codified in title 54 of the United States Code, and the procedures set forth in 36 CFR part 800 insofar as they apply to the performance of this agreement. In general, this requires concurrence from the State Historic Preservation Officer for all rehabilitation and demolition of historic properties that are fifty years old or older or that are included on a Federal, State, or local historic property list. (6) Additional Regulations (a) The Temporary Assistance for Needy Families Program (`TANF'�, 45 CFR Parts 260-265, the Social Services Block Grant ("SSBG"), 42 U.S.C. 1397d, and other applicable federal regulations and policies promulgated thereunder. (b) Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681, et seg., which prohibits discrimination on the basis of sex in educational programs. (c) Section 654 of the Omnibus Budget Reconciliation Act of 1981, as amended, 42 U.S.C. 9849, which prohibits discrimination on the basis of race, creed, color, national origin, sex, handicap, political affiliation or beliefs. (d) The Pro-Children Act: Contractor agrees to comply with the Pro-Children Act of 1994,20 U.S.C. 6083. Failure to comply with the provisions of the law may result in the imposition of civil monetary penalty up to $1,000 for each violation and/or the imposition of an administrative compliance order on the responsible entity. This clause is applicable to all approved sub-contracts. In compliance with Public Law (Pub.L.) 103-277,the Contract shall not permit smoking in any portion of any indoor facility used Page 40 of 59 Page 810 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 for the provision of federally funded services including health, day care, early childhood development, education or library services on a routine or regular basis,to children up to age 18. (e) Public Announcements and Advertising:When issuing statements,press releases,requests for proposals, bid solicitations and other documents describing projects or programs funded in whole or in part with federal money, Contractor shall clearly state (1) the percentage of the total costs of the program or project which will be financed with federal money, (2) the dollar amount of federal funds for the project or program, and (3) percentage and dollar amount of the total costs of the project or program that will be financed by nongovernmental sources. (f) Purchase of American-Made Equipment and Products: Contractor assures that, to the greatest extent practicable, all equipment and products purchased with funds made available under this Agreement will be American-made. (g) The Consolidated Appropriations Act,2010,Division E,Section 511 (Pub.L. 111-117),which prohibits distribution of federal funds made available under the Act to the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries. The Continuing Appropriations Act,2011, Sections 101 and 103 (Pub. L. 111-242), provides that appropriations made under Pub. L. 111-117 are available under the conditions provided by Pub.L. 111-117. (h) Contract Work Hours and Safety Standards Act(40 U.S.C. §327-333)—If this Contract involves federal funding in excess of$2,000 for construction contracts or in excess of$2,500 for other contracts that involve the employment of mechanics or laborers,compliance with sections 102 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333), as supplemented by Department of Labor regulations (29 CFR Part 5) is required. Under section 102 of the Act, each contractor shall 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 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall 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. (i) Resource Conservation and Recovery Act (RCRA). Under RCRA (Pub.L. 94-580 codified at 42 U.S.C. 6962),state and local institutions of higher education,hospitals,and non-profit organizations that receive direct Federal awards or other Federal funds shall give preference in their procurement programs funded with Federal funds to the purchase of recycled products pursuant to the EPA guidelines. (j) Immigration Reform and Control Act. Contractor shall comply with the requirements of the Immigration Reform and Control Act of 1986,which requires employment verification and retention of verification forms for any individuals hired who will perform any services under the contract. When it is determined that the Subrecipient is in non-compliance with federal or state program requirements, the State may impose any of the additional conditions and/or requirements outlined in 2 CFR§ 200.207. Page 41 of 59 Page 811 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Attachment F—Civil Rights Compliance Fair Housing As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will "affirmatively further fair housing" in its community. A Subrecipient shall demonstrate its commitment to affirmatively further fair housing by implementing the actions listed below. Each Subrecipient shall do the following: 1. Have in place a fair housing resolution or ordinance that covers all Federally protected classes (race,color,familial status,handicap,national origin,religion and sex); 2. Designate an employee as the Fair Housing Coordinator who is available during regular business hours to receive fair housing calls; 3. Publish the Fair Housing Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask fair housing questions or register a complaint. Alternatively,the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; 4. Establish a system to record the following for each fair housing call: a) The nature of the call, b) The actions taken in response to the call, c) The results of the actions taken and d) If the caller was referred to another agency,the results obtained by the referral agency; 5. Conduct at least one fair housing activity each quarter. Identical activities (see examples below) shall not be conducted in consecutive quarters; and 6. Display a fair housing poster in the CDBG-MIT Office. (This does not count as a fair housing activity.) The Subrecipient shall ensure that the fair housing contact person has received training so that he/she can handle fair housing phone inquiries or refer the inquiries to the appropriate people/agencies. Records maintained by the contact will help the community do the following: 1. Define where discriminatory practices are occurring, 2. Help the community measure the effectiveness of its outreach efforts,and 3. Provide the community with a means to gain information that can be used to design and implement strategies that will eliminate fair housing impediments. Examples of fair housing activities include the following: 1. Making fair housing presentations at schools, civic clubs and neighborhood association meetings; 2. Conducting a fair housing poster contest or an essay contest; 3. Manning a booth and distributing fair housing materials at libraries, health fairs, community events, yard sales and church festivals;and 4. Conducting fair housing workshops for city/county employees,realtors,bank and mortgage company employees, insurance agents and apartment complex owners. Printing a fair housing notice on a utility bill is no longer accepted as a fair housing activity; however, mailing a DEO- approved fair housing brochure as an insert with utility bills will be accepted as an activity. Placing posters in public buildings does not meet the requirement for a fair housing activity. The Subrecipient shall document its fair housing activities by keeping photographs,newspaper articles, sign-in sheets and copies of handouts in their CDBG-MIT project file and include information about the activities in the comment section of each quarterly report. Page 42 of 59 Page 812 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Equal Employment Opportunity As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it and the contractors, subcontractors, subrecipients and consultants that it hires with CDBG-MIT funds will abide by the Equal Employment Opportunity (EEO) Laws of the United States. A Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. Each Subrecipient shall do the following: 1. Have in place an equal employment opportunity resolution or ordinance that protects its applicants and employees and the applicants and employees of its contractors, subcontractors, subrecipients and consultants from discrimination in hiring,promotion, discharge,pay, fringe benefits,job training, classification,referral and other aspects of employment,on the basis of race,color,religion, sex,national origin,disability,age or genetics; 2. Designate an employee as the EEO Coordinator who is available during regular business hours to receive EEO calls; 3. Publish the EEO Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask EEO questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website; and 4. Establish a system to record the following for each EEO call: a) The nature of the call, b) The actions taken in response to the call and c) The results of the actions taken; 5. Each Subrecipient shall maintain a list of certified minority-owned business enterprises (MBE) and women- owned business enterprises (WBE) that operate in its region. The Subrecipient shall use this list to solicit companies to bid on CDBG-MIT-funded construction activities and shall provide a copy of the list to the prime contractor(s) to use when it hires subcontractors and consultants. The Department of Management Services maintains a list of certified minority- and women-owned businesses that can be used to develop a local MBE/WBE list at the following web site: https://osdAms.mvflorida.com/directories. 6. Incorporate the Equal Employment Opportunity clause set forth in 41 CFR Part 60-1.4(b) into any contracts or subcontracts that meet the definition of"federally assisted construction contract"in 41 CFR 60-1.3. Section 504 and the Americans with Disabilities Act (ADA) As a condition for the receipt of CDBG-MIT funds, the Subrecipient must certify that it provides access to all federally funded activities to all individuals, regardless of handicap. The Subrecipient shall demonstrate its commitment to abide by the laws through the actions listed below. The Subrecipient shall do the following: 1. Have in place a resolution or ordinance that is designed to eliminate discrimination against any person who: a) Has a physical or mental impairment which substantially limits one or more major life activities, b) Has a record of such an impairment or c) Is regarded as having such an impairment; 2. Designate an employee as the Section 504/ADA Coordinator who is available during regular business hours to receive Section 504/ADA calls; 3. Publish the Section 504/ADA Coordinator's contact information quarterly in a newspaper of general circulation in the Subrecipient's jurisdiction so that people know who to call to ask Section 504/ADA questions or register a complaint. Alternatively, the Subrecipient can post the coordinator's contact information throughout the quarter on the home page of its website;and 4. Establish a system to record the following for each Section 504/ADA call: a) The nature of the call, b) The actions taken in response to the call and Page 43 of 59 Page 813 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 c) The results of the actions taken. Section 504 prohibitions against discrimination (see 45 CFR part 84) apply to service availability, accessibility, delivery, employment and the administrative activities and responsibilities of organizations receiving Federal financial assistance. A Subrecipient of Federal financial assistance may not,on the basis of disability: 1. Deny qualified individuals the opportunity to participate in or benefit from Federally funded programs, services or other benefits, 2. Deny access to programs, services,benefits or opportunities to participate as a result of physical barriers,or 3. Deny employment opportunities, including hiring, promotion, training and fringe benefits, for which they are otherwise entitled or qualified. The ADA regulations (Title II, 28 CFR part 35, and Title III, 28 CFR part 36) prohibit discrimination on the basis of disability in employment,State and local government,public accommodations,commercial facilities,transportation, and telecommunications. To be protected by the ADA, one must have a disability or have a relationship or association with an individual with a disability. Title II covers all activities of state and local governments regardless of the government entity's size or receipt of Federal funding. Title II requires that State and local governments give people with disabilities an equal opportunity to benefit from all of their programs, services and activities (e.g. public education, employment, transportation, recreation, health care, social services, courts, voting and town meetings). State and local governments are required to follow specific architectural standards in the new construction and alteration of their buildings. They also must relocate programs or otherwise provide access in inaccessible older buildings, and communicate effectively with people who have hearing, vision or speech disabilities. Title III covers businesses and nonprofit service providers that are public accommodations, privately operated entities offering certain types of courses and examinations, privately operated transportation and commercial facilities. Public accommodations are private entities who own,lease,lease to or operate facilities such as restaurants,retail stores,hotels, movie theaters, private schools, convention centers, doctors' offices, homeless shelters, transportation depots, zoos, funeral homes, day care centers and recreation facilities including sports stadiums and fitness clubs. Transportation services provided by private entities are also covered by Title III. Section 3 -Economic Opportunities for Low- and Very Low-Income Persons Each Subrecipient shall encourage its contractors to hire qualified low- and moderate-income residents for any job openings that exist on CDBG-MIT-funded projects in the community. The Subrecipient and its contractors shall keep records to document the number of low- and moderate-income people who are hired to work on CDBG-MIT-funded projects. The number of low- and moderate-income residents who are hired to work of the project shall be reported in the comment section of the quarterly report. The following Section 3 clause is required to be included in any CDBG-MIT-funded contracts and subcontracts: Section 3 Clause A. The work to be performed under this contract is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. § 1701u (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD- assisted projects covered by Section 3, shall,to the greatest extent feasible,be directed to low- and very low-income persons,particularly persons who are Subrecipients of HUD assistance for housing. B. The Parties to this contract agree to comply with HUD's regulations in 24 CFR part 75,which implement Section 3. As evidenced by their execution of this contract,the parties to this contract certify that they are under no contractual or other impediment that would prevent them from complying with the part 75 regulations. C. The contractor agrees to send to each labor organization or representative of workers with which the contractor has a collective bargaining agreement or other understanding if any a notice advising the labor organization or workers' representative of the contractor's commitments under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can Page 44 of 59 Page 814 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of the person(s) taking applications for each of the positions;and the anticipated date the work shall begin. D. The contractor agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR part 75. E. The contractor will certify that any vacant employment positions,including training positions,that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to circumvent the contractor's obligations under 24 CFR part 75. F. Noncompliance with HUD's regulations in 24 CFR part 75 may result in sanctions,termination of this contract for default and debarment or suspension from future HUD assisted contracts. G. With respect to work performed in connection with Section 3 covered Indian housing assistance,Section 7(b) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. §450e) also applies to the work to be performed under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of Section 3 and Section 7(b) agree to comply with Section 3 to the maximum extent feasible, but not in derogation of compliance with Section 7(b). Civil Rights Regulations As a condition for the receipt of CDBG-MIT funds, each Subrecipient must certify that it will abide by the following Federal laws and regulations: 1. Title VI of the Civil Rights Act of 1964 —Prohibits discrimination by government agencies that receive Federal funding; 2. Title VII of the Civil Rights Act of 1964 — prohibits employment discrimination on the basis of race, color, religion, sex or national origin; 3. Title VIII of the Civil Rights Act of 1968—as amended(the Fair Housing Act of 1988); 4. 24 CFR§ 570.487(b) —Affirmatively Furthering Fair Housing; 5. 24 CFR§ 570.490(b) —Unit of general local government's record; 6. 24 CFR§ 570.606(b) —Relocation assistance for displaced persons at URA levels; 7. Age Discrimination Act of 1975; 8. Executive Order 12892 — Leadership and Coordination of Fair Housing in Federal Programs: Affirmatively Furthering Fair Housing, 9. Section 109 of the Housing and Community Development Act of 1974 — No person shall be excluded from participation in,denied benefits of or subjected to discrimination under any program or activity receiving CDBG- MIT funds because of race, color,religion, sex or national origin; 10. Section 504 of the Rehabilitation Act of 1973 and 24 CFR part 8,which prohibits discrimination against people with disabilities; 11. Executive Order 11063—Equal Opportunity in Housing; 12. Executive Order 11246—Equal Employment Opportunity; and 13. Section 3 of the Housing and Urban Development Act of 1968, as amended—Employment/Training of Lower Income Residents and Local Business Contracting. Page 45 of 59 Page 815 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 I hereby certify that the City of Boynton Beach shall comply with all of the provisions and Federal regulations listed in this Attachment F. By: Date: Name: Ty Penserga Title: Mayor --- Remainder of this page is intentionally left blank Page 46 of 59 Page 816 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Attachment G—Reports The following reports must be completed and submitted to DEO in the time frame indicated below. Failure to timely file these reports constitutes an Event of Default,as defined in Paragraph(10)Default,of this Agreement. 1. Monthly Progress Report must be submitted to DEO ten (10) calendar days after the end of each month. 2. A Quarterly Progress Report must be submitted to DEO on forms to be provided by DEO no later than the 10th of every April,July,October and January. 3. A Contract and Subcontract Activity form, Form HUD-2516, currently available at https://ww-w.hud.gov/sites/documents/DOC_36660;which is incorporated herein by reference,must be submitted by April 15 and October 15 each year through the DEO's SERA reporting system. The form must reflect all contractual activity for the period, including Minority Business Enterprise and Woman Business Enterprise participation. If no activity has taken place during the reporting period,the form must indicate "no activity". The Subrecipient shall closeout its use of the CDBG-MIT funds and its obligations under this Agreement by complying with the closeout procedures in 2 CFR§ 200.343.Activities during this close-out period may include,but are not limited to: making final payments, disposing of program assets (including the return of all unused materials, equipment, unspent cash advances, program income balances and accounts receivable to the Subrecipient) and determining the custodianship of records. Notwithstanding the terms of 2 CFR 200.343,upon the expiration of this Agreement,the Subrecipient shall transfer to the recipient any CDBG-MIT funds on hand at the time of expiration and any accounts receivable attributable to the use of CDBG-MIT funds. Further, any real property under the Subrecipient's control that was acquired or improved in whole or in part with CDBG-MIT funds (including CDBG-MIT funds provided to the Subrecipient in the form of a loan) shall be treated in accordance with 24 CFR 570.503(b)(7). 4. In accordance with 2 CFR part 200,should the Subrecipient meet the threshold for submission of a single or program specific audit,the audit must be conducted in accordance with 2 CFR part 200 and submitted to DEO no later than nine months from the end of the Subrecipient's fiscal year. If the Subrecipient did not meet the audit threshold,an Audit Certification Memo must be provided to DEO no later than nine months from the end of the Subrecipient's fiscal year. 5. A copy of the Audit Compliance Certification form,Attachment J,must be emailed to audit(a),deo.maflorida.com within sixty (60) calendar days of the end of each fiscal year in which this subgrant was open. 6. Section 3 Quarterly Reporting Requirements. Reporting of labor hours for Section 3 projects must comply with 24 CFR§75.25(a). Subrecipients must report the following: (i) the total number of labor hours worked; (ii) the total number of labor hours worked by Section 3 workers; and (iii) the total number of labor hours worked by Targeted Section 3 workers. If Section 3 benchmarks are not met,the subrecipient's qualitative efforts must be reported in a manner required by 24 CFR§75.25(b). Subrecipients shall provide Section 3 Reporting quarterly to DEO by the 10th of each quarter Qanuary 10,April 10, July 10, and October 10). For Section 3 Reporting, subrecipients should complete and return the Project Implementation Plan template to DEO . 7. Request for Funds must be submitted as required by DEO and in accordance with the Project Description and Deliverables,Project Detail Budget and Activity Work Plan. 8. All forms referenced herein are available online or upon request from DSO's grant manager for this Agreement. Page 47 of 59 Page 817 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Attachment H—Warranties and Representations Financial Management The Subrecipient's financial management system must comply with the provisions of 2 CFR part 200 (and particularly 2 CY R 200.302 titled "Financial Management',Section 218.33,F.S.,and include the following: 1. Accurate,current and complete disclosure of the financial results of this project or program. 2. Records that identifv the source and use of funds for all activities. These records shall contain information pertaining to grant awards,authorizations,obligations,unobligated balances,assets,outlays,income and interest. 3. Effective control over and accountability for all funds,property and other assets.The Subrecipient shall safeguard all assets and assure that they are used solely for authorized purposes. 4. Comparison of expenditures with budget amounts for each Request for Funds (RFF). Whenever appropriate, financial information should be related to performance and unit cost data. 5. Written procedures to determine whether costs are allowed and reasonable under the provisions of the 2 CFR part 200 (and particularly 2 CFR 200 Subpart E titled "Costs Principles") and the terms and conditions of this Agreement. 6. Cost accounting records that are supported by backup documentation. Competition All procurement transactions must follow the provisions of 2 CFR§§200.318-200.327 and be conducted in a manner providing full and open competition. The Subrecipient shall be alert to conflicts of interest as well as noncompetitive practices among contractors that may restrict or eliminate competition or otherwise restrain trade. In order to ensure objective contractor performance and eliminate unfair competitive advantage, contractors that develop or draft specifications, requirements, statements of work, invitations for bids or requests for proposals shall be excluded from competing for such procurements. Awards must be made to the responsible and responsive bidder or offeror whose proposal is most advantageous to the program,considering the price,quality and other factors. Solicitations shall clearly set forth all requirements that the bidder or offeror must fulfill in order for the bid or offer to be evaluated by the Subrecipient.Any and all bids or offers may be rejected if there is a sound,documented reason. Codes of Conduct The Subrecipient shall maintain written standards of conduct governing the performance of its employees engaged in the award and administration of contracts. No employee, officer or agent shall participate in the selection, award or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict would arise when the employee,officer or agent,any member of his or her immediate family,his or her partner, or an organization which employs or is about to employ any of the parties indicated,has a financial or other interest in a tangible personal benefit from a firm considered for a contract. The officers, employees and agents of the Subrecipient shall neither solicit nor accept gratuities,favors or anything of monetary value from contractors or parties to subcontracts. The standards of conduct must provide for disciplinary actions to be applied for violations of the standards by officers, employees or agents of the Subrecipient. (See 2 CFR§ 200.318(c)(1).) Business Hours The Subrecipient shall have its offices open for business,with the entrance door open to the public, and at least one employee on site at all reasonable times for business. "Reasonable" shall be construed according to circumstances,but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m.,local time,Monday through Friday. Licensing and Permitting All contractors or employees hired by the Subrecipient shall have all current licenses and permits required for all of the particular work for which they are hired by the Subrecipient. Page 48 of 59 Page 818 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Attachment I—Audit Requirements The administration of resources awarded by DEO to the Subrecipient may be subject to audits and/or monitoring by DEO as described in this section. MONITORING In addition to reviews of audits conducted in accordance with 2 CFR 200 Subpart F - Audit Requirements, and section 215.97, F.S.,as revised (see "AUDITS"below),monitoring procedures may include,but not be limited to,on-site visits by DEO staff,limited scope audits as defined by 2 CFR§200.425,or other procedures. By entering into this Agreement, the Subrecipient agrees to comply and cooperate with any monitoring procedures or processes deemed appropriate by DEO. In the event DEO determines that a limited scope audit of the Subrecipient is appropriate,the Subrecipient agrees to comply with any additional instructions provided by DEO staff to the Subrecipient regarding such audit. The Subrecipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Chief Financial Officer (CFO) or Auditor General. AUDITS PART I: FEDERALLY FUNDED. This part is applicable if the Subrecipient is a state or local government or nonprofit organization as defined in 2 CFR§200.90, §200.64,and §200.70. 1. A Subrecipient that expends$750,000 or more in federal awards in its fiscal year must have a single or program- specific audit conducted in accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements. EXHIBIT 1 to this form lists the federal resources awarded through DEO by this agreement. In determining the federal awards expended in its fiscal year, the Subrecipient shall consider all sources of federal awards, including federal resources received from DEO. The determination of amounts of federal awards expended should be in accordance with the guidelines established in 2 CFR§§200.502-503.An audit of the Subrecipient conducted by the Auditor General in accordance with the provisions of 2 CFR §200.514 will meet the requirements of this Part. 2. For the audit requirements addressed in Part I,paragraph 1,the Subrecipient shall fulfill the requirements relative to auditee responsibilities as provided in 2 CFR§§200.508-512. 3. A Subrecipient that expends less than$750,000 in federal awards in its fiscal year is not required to have an audit conducted in accordance with the provisions of 2 CFR 200,Subpart F-Audit Requirements.If the Subrecipient expends less than $750,000 in federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of 2 CFR 200, Subpart F -Audit Requirements,the cost of the audit must be paid from non-federal resources (i.e., the cost of such an audit must be paid from Subrecipient resources obtained from other than federal entities). PART II: STATE FUNDED. This part is applicable if the Subrecipient is a non-state entity as defined by Section 215.97(2), F.S. 1. In the event that the Subrecipient expends a total amount of state financial assistance equal to or in excess of $750,000 in any fiscal year of such Subrecipient (for fiscal years ending June 30, 2017, and thereafter), the Subrecipient must have a state single or project-specific audit for such fiscal year in accordance with section 215.97, F.S.; Rule Chapter 69I-5, F.A.C., State Financial Assistance; and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. EXHIBIT 1 to this form lists the state financial assistance awarded through DEO by this agreement. In determining the state financial assistance expended in its fiscal year, the Subrecipient shall consider all sources of state financial assistance, including state financial assistance received from DEO, other state agencies, and other nonstate entities. State financial assistance does not include federal direct or pass-through awards and resources received by a nonstate entity for federal program matching requirements. 2 For the audit requirements addressed in Part II, paragraph 1, the Subrecipient shall ensure that the audit complies with the requirements of section 215.97(8), F.S. This includes submission of a financial reporting Page 49 of 59 Page 819 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 package as defined by section 215.97(2), F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General. 3. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year (for fiscal years ending June 30,2017, and thereafter),an audit conducted in accordance with the provisions of section 215.97, F.S.,is not required. If the Subrecipient expends less than $750,000 in state financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of section 215.97,F.S.,the cost of the audit must be paid from the nonstate entity's resources (i.e., the cost of such an audit must be paid from the Subrecipient's resources obtained from other than state entities). PART III: OTHER AUDIT REQUIREMENTS (NOTE:This part)could be used to specify any additional audit requirements imposed by the State mrarding entity that are solely a matter of that State aavarding entity's policy (i.e., the audit is not required by Federal or State lams and is not in conflict)rith other Federal or State audit requirements. Pursuant to Section 295.97(8, F.S., State agencies may conduct or arrange for audits of state financial assistance that are in addition to audits conducted in accordance )rith Section 295.97, F.S. In such an event, the State mrarding agency must arrange for funding the full cost of such additional audits. N/A PART IV: REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with 2 CFR 200,Subpart F-Audit Requirements, and required by Part I of this form shall be submitted, when required by 2 CFR§ 200.512,by or on behalf of the Subrecipient directly to the Federal Audit Clearinghouse (FAC) as provided in 2 CFR� 200.36 and §200.512. The FAC's website provides a data entry system and required forms for submitting the single audit reporting package. Updates to the location of the FAC and data entry system may be found at the OMB website. 2 Copies of financial reporting packages required by Part II of this form shall be submitted by or on behalf of the Subrecipient directly to each of the following: a. DEO at each of the following addresses: Electronic copies (preferred): or Paper (hard copy): Auditsdeo.myflorida.com Department Economic Opportunity MSC# 75, Caldwell Building 107 East Madison Street Tallahassee, FL 32399-4126 bd The Auditor General's Office at the following address: Auditor General Local Government Audits 342 Claude Pepper Building,Room 401 111 West Madison Street Tallahassee, Florida 32399-1450 Page 50 of 59 Page 820 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 The Auditor General's website (https://flauditor.gov/) provides instructions for filing an electronic copy of a financial reporting package. 3. Copies of reports or the management letter required by Part III of this form shall be submitted by or on behalf of the Subrecipient directly to: Electronic copies (preferred): or Paper (hard copy): Auditndeo.mvflorida.com Department Economic Opportunity MSC# 75, Caldwell Building 107 East Madison Street Tallahassee, FL. 32399-4126 4. Any reports, management letters, or other information required to be submitted DEO pursuant to this agreement shall be submitted timely in accordance with 2 CFR §200.512, section 215.97, F.S., and Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General, as applicable. 5. Subrecipients,when submitting financial reporting packages to DEO for audits done in accordance with 2 CFR 200, Subpart F -Audit Requirements, or Chapters 10.550 (local governmental entities) and 10.650 (nonprofit and for-profit organizations),Rules of the Auditor General,should indicate the date that the reporting package was delivered to the Subrecipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION. The Subrecipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five (5) years from the date the audit report is issued, or six (6) state fiscal years after all reporting requirements are satisfied and final payments have been received,whichever period is longer, and shall allow DEO, or its designee, CFO, or Auditor General access to such records upon request. The Subrecipient shall ensure that audit working papers are made available to DEO,or its designee,CFO,or Auditor General upon request for a period of six (6) years from the date the audit report is issued, unless extended in writing by DEO. In addition,if any litigation, claim, negotiation, audit, or other action involving the records has been started prior to the expiration of the controlling period as identified above,the records shall be retained until completion of the action and resolution of all issues which arise from it,or until the end of the controlling period as identified above,whichever is longer. Page 51 of 59 Page 821 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Exhibit 1 to Attachment I—Funding Sources Federal Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following: Federal Awarding Agency: U.S. Department of Housing and Urban Development Federal Funds Obligated to Subrecipient: $2,100,000.00 Catalog of Federal Domestic Assistance Title: Community Development Block Grants/State's Program and Non-Entitlement Grants in Hawaii Catalog of Federal Domestic Assistance Number: 14.228 Project Description: Funding is being provided for installation of back-up power for the Boynton Beach East Water Treatment Plant to ensure continuous operation during and post-disaster for This is not a research and development a�a�ard. the health and safety of the residents. Compliance Requirements Applicable to the Federal Resources Awarded Pursuant to this Agreement are as Follows: Federal Program 1. The Subrecipient shall perform its obligations in accordance with Sections 290.0401-290.048,F.S. 2. The Subrecipient shall perform its obligations in accordance with 24 CFR§§ 570.480—570.497. 3. The Subrecipient shall perform the obligations as set forth in this Agreement,including any attachments or exhibits thereto. 4. The Subrecipient shall perform the obligations in accordance with chapter 73C-23.0051(1) and (3), F.A.C. 5. The Subrecipient shall be governed by all applicable laws,rules and regulations,including,but not necessarily limited to, those identified in Award Terms & Conditions and Other Instructions of the Subrecipient's Notice of Subgrant Award/Fund Availability(NFA). State Resources Awarded to the Subrecipient Pursuant to this Agreement Consist of the Following:N/A Matching Resources for Federal Programs: N/A Subject to Section 215.97,Florida Statutes: N/A Compliance Requirements Applicable to State Resources Awarded Pursuant to this Agreement are as Follows: N/A NOTE: Title 2 CFR§ 200.331 and Section 215.97(5), F.S.,require that the information about Federal Programs and State Projects included in Exhibit 1 and the Notice of Subgrant Award/Fund Availability be provided to the Subrecipient. Page 52 of 59 Page 822 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Attachment J—Audit Compliance Certification Email a copy of this form within 60 days of the end of each fiscal year in which this subgrant was open to audit@deo.myflorida.com. Subrecipient: FEIN: Subrecipient's Fiscal Year: Contact Name: Contact's Phone: Contact's Email: 1. Did the Subrecipient expend state financial assistance, during its fiscal year that it received under any agreement (e.g.,contract,grant,memorandum of agreement,memorandum of understanding, economic incentive award agreement, etc.) between the Subrecipient and the Department of Economic Opportunity (DEO)? ❑Yes ❑ No If the above answer is yes, answer the following before proceeding to item 2. Did the Subrecipient expend$750,000 or more of state financial assistance (from DEO and all other sources of state financial assistance combined) during its fiscal year? ❑ Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable State single or project-specific audit requirements of Section 215.97, Florida Statutes and the applicable rules of the Department of Financial Services and the Auditor General. 2. Did the Subrecipient expend federal awards during its fiscal year that it received under any agreement (e.g., contract,grant,memorandum of agreement,memorandum of understanding,economic incentive award agreement, etc.) between the Subrecipient and DEO? ❑ Yes ❑ No If the above answer is yes, also answer the following before proceeding to execution of this certification: Did the Subrecipient expend$750,000 or more in federal awards (from DEO and all other sources of federal awards combined) during its fiscal year? ❑Yes ❑ No If yes, the Subrecipient certifies that it will timely comply with all applicable single or program-specific audit requirements of 2 CFR part 200, subpart F, as revised. By signing below, I certify, on behalf of the Subrecipient,that the above representations for items 1 and 2 are true and correct. Signature of Authorized Representative Date Printed Name of Authorized Representative Title of Authorized Representative Page 53 of 59 Page 823 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Attachment K—Subrecipient Enterprise Resource Application(SERA) Form Attachment K will be provided after execution of this Agreement Page 54 of 59 Page 824 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Attachment L 2 CFR Appendix II to Part 200 - Contract Provisions for Non-Federal Entity Contracts Under Federal Awards Appendix II to Part 200 -Contract Provisions for Non-Federal Entity Contracts Under Federal Awards In addition to other provisions required by the Federal agency or non-Federal entity,all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable. (A) Contracts for more than the simplified acquisition threshold,which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) as authorized by 41 U.S.C. 1908,must address administrative,contractual,or legal remedies in instances where contractors violate or breach contract terms,and provide for such sanctions and penalties as appropriate. (B) All contracts in excess of$10,000 must address termination for cause and for convenience by the non-Federal entity including the manner by which it will be affected and the basis for settlement. (C) Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of"federally assisted construction contract"in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,"Equal Employment Opportunity" (30 FR 12319, 12935,3 CFR Part, 1964-1965 Comp.,p. 339), as amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity,"and implementing regulations at 41 CFR part 60,"Office of Federal Contract Compliance Programs,Equal Employment Opportunity,Department of Labor." (D)Davis-Bacon Act,as amended(40 U.S.C. 3141-3148).When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction'. In accordance with the statute, contractors 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, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 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").The Act provides that each contractor or subrecipient 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. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. (E) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts awarded by the non-Federal entity 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 Page 55 of 59 Page 825 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 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. (F)Rights to Inventions Made Under a Contract or Agreement.If the Federal award meets the definition of"funding agreement"under 37 CFR§ 401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. (G) Clean Air Act(42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251- 1387), as amended-Contracts and subgrants of amounts in excess of$150,000 must contain a provision that requires the non-Federal award to agree 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). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). (H) Debarment and Suspension (Executive Orders 12549 and 12689) - A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp.,p. 189)and 12689 (3 CFR part 1989 Comp.,p.235),"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. (I) Byrd Anti-Lobbying Amendment (31 U.S.C. 1352) - Contractors that apply or bid for an award exceeding$100,000 must file the required certification. 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 covered by 31 U.S.C. 1352. Each tier must 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 non-Federal award. (J) See 200.323 -Procurement of Recovered Materials. (K) See 200.216 - Prohibition on certain telecommunications and video surveillance services or equipment. (L) See 200.322—Domestic Preferences for procurements. [78 FR 78608,Dec. 26,2013, as amended at 79 FR 75888,Dec. 19,2014; 85 FR 49577,Aug. 13,2020] Page 56 of 59 Page 826 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Attachment M State of Florida Department of Economic Opportunity Federally Funded Community Development Block Grant Disaster Recovery(CDBG-MIT) Subrogation Agreement This Subrogation and Assignment Agreement("Agreement") is made and entered into by and between the City of Boynton Beach, Florida (hereinafter referred to as "Subrecipient' and the State of Florida,Department of Economic Opportunity (hereinafter referred to as "DEO' . In consideration of Subrecipient's receipt of funds or the commitment by DEO to evaluate Subrecipient's application for the receipt of funds (collectively, the "Grant Proceeds' under the DEO Community Development Block Grant-Mitigation Program (the "CDBG-MIT Program' administered by DEO, Subrecipient hereby assigns to DEO all of Subrecipient's future rights to reimbursement and all payments received from any grant, subsidized loan, lawsuit or insurance policies of any type or coverage or under any reimbursement or relief program related to or administered by the Federal Emergency Management Agency ("FEMA' or the Small Business Administration ("SBA' (singularly, a "Disaster Program" and collectively, the "Disaster Programs") that was the basis of the calculation of Grant Proceeds paid or to be paid to Subrecipient under the CDBG-MIT Program and that are determined in the sole discretion of DEO to be a duplication of benefits ("DOB") as provided in this Agreement. The proceeds or payments referred to in the preceding paragraph,whether they are from insurance, FEMA or the SBA or any other source, and whether or not such amounts are a DOB, shall be referred to herein as "Proceeds,"and any Proceeds that are a DOB shall be referred to herein as "DOB Proceeds." Upon receiving any Proceeds, Subrecipient agrees to immediately notify DEO who will determine in its sole discretion if such additional amounts constitute a DOB. If some or all of the Proceeds are determined to be a DOB,the portion that is a DOB shall be paid to DEO, to be retained and/or disbursed as provided in this Agreement. The amount of DOB determined to be paid to DEO shall not exceed the amount received from the CDBG-MIT Program. Subrecipient agrees to assist and cooperate with DEO to pursue any of the claims Subrecipient has against the insurers for reimbursement of DOB Proceeds under any such policies. Subrecipient's assistance and cooperation shall include but shall not be limited to allowing suit to be brought in Subrecipient's name(s) and providing any additional documentation with respect to such consent,giving depositions,providing documents, producing record and other evidence, testifying at trial and any other form of assistance and cooperation reasonably requested by DEO. Subrecipient further agrees to assist and cooperate in the attainment and collection of any DOB Proceeds that the Subrecipient would be entitled to under any applicable Disaster Program. If requested by DEO, Subrecipient agrees to execute such further and additional documents and instruments as may be requested to further and better assign to DEO, to the extent of the Grant Proceeds paid to Subrecipient under the CDBG-MIT Program, the Policies, any amounts received under the Mitigation Programs that are DOB Proceeds and/or any rights thereunder, and to take, or cause to be taken, all actions and to do, or cause to be done, all things requested by DEO to consummate and make effective the purposes of this Agreement. Page 57 of 59 Page 827 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 Subrecipient explicitly allows DEO to request of any company with which Subrecipient held insurance policies, or FEMA or the SBA or any other entity from which Subrecipient has applied for or is receiving Proceeds,any non-public or confidential information determined to be reasonably necessary by DEO to monitor/enforce its interest in the rights assigned to it under this Agreement and give Subrecipient's consent to such company to release said information to DEO. If Subrecipient (or any lender to which DOB Proceeds are payable to such lender,to the extent permitted by superior loan documents) hereafter receives any DOB Proceeds, Subrecipient agrees to promptly pay such amounts to DEO, if Subrecipient received Grant Proceeds under the CDBG-MIT Program in an amount greater than the amount Subrecipient would have received if such DOB Proceeds had been considered in the calculation of Subrecipient's award. In the event that the Subrecipient receives or is scheduled to receive any subsequent Proceeds, Subrecipient shall pay such subsequent Proceeds directly to DEO, and DEO will determine the amount, if any, of such subsequent Proceeds that are DOB Proceeds ("Subsequent DOB Proceeds"). Subsequent Proceeds in excess of Subsequent DOB Proceeds shall be returned to the Subrecipient. Subsequent DOB Proceeds shall be disbursed as follows: 1. If the Subrecipient has received full payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be retained by DEO. 2. If the Subrecipient has received no payment of the Grant Proceeds, any Subsequent DOB Proceeds shall be used by DEO to reduce payments of the Grant Proceeds to the Subrecipient, and all Subsequent DOB Proceeds shall be returned to the Subrecipient. 3. If the Subrecipient has received a portion of the Grant Proceeds,any Subsequent DOB Proceeds shall be used,retained and/or disbursed in the following order: (A) Subsequent DOB Proceeds shall first be used to reduce the remaining payments of the Grant Proceeds, and Subsequent DOB Proceeds in such amount shall be returned to the Subrecipient;and (B) any remaining Subsequent DOB Proceeds shall be retained by DEO. 4. If DEO makes the determination that the Subrecipient does not qualify to participate in the CDBG- MIT Program or the Subrecipient determines not to participate in the CDBG-MIT Program, the Subsequent DOB Proceeds shall be returned to the Subrecipient, and this Agreement shall terminate. Once DEO has recovered an amount equal to the Grant Proceeds paid to Subrecipient,DEO will reassign to Subrecipient any rights assigned to DEO pursuant to this Agreement. Subrecipient represents that all statements and representations made by Subrecipient regarding Proceeds received by Subrecipient shall be true and correct as of the date of the signing of this Agreement. Warning.• Any person who intentionally or knowingly makes a false claim or statement to HUD may be subject to civil or criminal penalties under 18 U.S.C. 287, 1001 and 31 U.S.C. 3729. --- Remainder of this page is intentionally left blank Page 58 of 59 Page 828 of 949 DocuSign Envelope ID: F71C73E3-F4F1-4620-8204-4678DF2FE196 The person executing this Agreement on behalf of the Subrecipient hereby represents that he\she has received, read,and understands this notice of penalties for making a false claim or statement regarding Proceeds received by Subrecipient. In any proceeding to enforce this Agreement, DEO shall be entitled to recover all costs of enforcement, including actual attorney's fees. CITY OF BOYNTON BEACH,FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY By By Signature Signature Ty Penserga Dane Eagle Title Mayor Title Secretary Date Date Page 59 of 59 Page 829 of 949 8.A. Public Hearing 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Reconsider request for New Major Site Plan (NW SP 22-002) for the 1320 S. Federal Highway project to allow construction of a 10,898 square foot commercial structure and associated site improvements, on a 0.51- acre parcel, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district. Application Ty Eriks, MH Jackson Holdings, LLC. Reconsider request for Master Plan Modification (MPMD 22-004) for 1320 S. Federal Highway to amend the previously approved master plan to be consistent with the proposed revisions to the concurrent New Major Site Plan Application, located at the northeast corner of S. Federal Highway and Riviera Drive, in the Mixed Use 1 (MU-1) zoning district. Applicant: Ty Eriks, MH Jackson Holdings, LLC. Items were approved on March 1, 2022, and are returning for consideration by Commission action on March 15, 2022. Explanation of Request: The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22-001), to again undergo the necessary application reviews culminating in City Commission review and approval. In addition to Master Plan Modification and New Major Site Plan, the request includes an application for height exception to allow the elevator shaft and stairwell to be constructed at 51.67 feet, 9.10 feet above the maximum allowable height of 45 feet. All applications are being processed concurrently (see respective staff reports.) The Planning and Development Board reviewed the subject applications at their meeting on January 25th, and forwarded them with recommendations for approval. The City Commission reviewed the subject applications during the meeting on February 15th, and voted unanimously to table the request to the March 1St meeting. The Commission directed staff to use the additional time to work with the applicant to further address residents' concerns with an emphasis on eliminating on-street parking spaces along the south side of Riviera Drive. The applicant and staff worked together to find a feasible solution and produced one option that facilitated the reduction of three (3) on-street Page 830 of 949 parking spaces and the addition of one (1) off-street motorcycle parking space. The revised site plan proposed an office-retail complex with a total of 32 off-street parking spaces and ten (10) on street parallel parking spaces; three spaces would remain on the south side of Riviera Drive. Also, pursuant to the request from nearby property owners, the proposed sidewalk along Riviera Drive, and corresponding cross-walk, would be removed, as reviewed and approved through the Engineering Waiver process. The Commission approved the requests on March 1, 2022, taking into consideration the above-described changes and other site modifications and operational commitments as documented at the hearing and within the final conditions of approval. On March 15, 2022, the City Commission acted to reconsider the subject applications at its April 5, 2022 meeting, prompted by the concerns voiced by residents over the hours of operation for the commercial uses to be allowed at the project. How will this affect city programs or services? NA Fiscal Impact: NA Alternatives: NA Strategic Plan: Strategic Plan Application: NA Climate Action Application: NA Is this a grant? Grant Amount: Attachments: Type Description D Staff Report Staff Report D Addendum E7ibit A- Location Map D Drawings E 7ibit B - Flans D Conditions of Approval E7ibit C - Conditions of Approval (Revised) D Conditions of Approval E7ibit C - Conditions of Approval (Final 3-1-15) D Development Order Development Order D Attachment Staff Presentation D Attachment Applicant Presentation Page 831 of 949 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-001 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Amanda Radigan, Principal Planner DATE: January 7, 2022 PROJECT: 1320 S. Federal Highway (MPMD 22-004 & NWSP 22-002) REQUEST: Approve request for New Major Site Plan (NWSP 22-002) and Master Plan Modification (MPMD 22-004) to 1320 S. Federal Highway to allow the construction of a 10,898 square foot structure and associated site improvements. PROJECT DESCRIPTION Property Owner: MJ Jackson Holdings, LLC Agent: Bradley Miller, Urban Design Studio Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Refer to Exhibit "A": Location Map) Existing Land Use: Mixed Use Low (MXL) Existing Zoning: MU-1 Mixed Use 1 Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: MU-1 Mixed Use 1 Acreage: 0.51 acre Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; Page 832 of 949 Page 2 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor) classified High Density Residential (HDR) and zoned R-3 Multi-family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space) of the Snug Harbor condominiums and farther east developed single family homes, classified Low Density Residential (LDR) and zoned R-1-AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22-001), to again undergo the necessary application reviews culminating in City Commission review and approval. 2 Page 833 of 949 Page 3 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 ANALYSIS Concurrency: Traffic: A traffic study was sent to the Palm Beach County Traffic Division for their review and information and they have responded that the project is located within the boundaries of the City of Boynton Beach TCEA (Traffic Concurrency Exception Area)and therefore meets the Palm Beach County Traffic Performance Standards. The traffic study was performed and indicates that the project would generate a total of 21 AM Peak Hour trips and 36 PM Peak Hour trips. School: School concurrency is not required for this type of project. Utilities: The City's water capacity, as increased through the purchase of up to five (5) million gallons of potable water per day from Palm Beach County Utilities, would meet the projected potable water for this project. Sufficient sanitary sewer and wastewater treatment capacity is also currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan and all review comments have been acknowledged by the applicant and will be addressed at the time of permitting. The Fire Department notes that they will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. However, the site is required to meet the required turning radius as specified in the 2021 International turning radius guidelines, and provide fire sprinklers and fire alarms (see Exhibit C - Conditions of Approval). Further plan review by Police and Fire will occur during the building permit process. Drainage: Conceptual drainage information was provided for the City's review. The Engineering Division has found the conceptual information to be adequate and is recommending that the review of specific drainage solutions be deferred until time of permit review. Access: The site plan (Sheet SP-1) shows that one point of ingress/egress is proposed. The two-way driveway is located on Riviera Drive at the eastern end of the site. Vehicular circulation from the driveway would include one- way circulation that continues throughout the parking lot with a portion of the circulation being two-way. Sidewalks are provided along Riviera Drive, Federal Highway, and around the east (back) facade of the building at a minimum of 5 feet in width (see Exhibit C - Conditions of Approval). The project proposes a pedestrian zone along Federal Highway totaling 18.5 feet in width, and consisting of: 1. a five(5)-foot wide street tree area; 2. an eight (8)-foot wide sidewalk; and 3. an eight(8)-foot wide active area. The majority of the sidewalk along Federal Highway will be covered by a building cantilever, with a minimum of 8 feet of clear/uninterrupted walk underneath. There is also a proposed plaza located at the southwest corner of the site to encourage pedestrian 3 Page 834 of 949 Page 4 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 interaction. The walkways along Federal highway and around the building are proposed to be pavers while the sidewalk along Riviera Drive is proposed to be stamped concrete. Parking: The site plan (Sheet SP-1) proposes 9,998 square feet of office space and a 900 square-foot museum, which would require 53 parking spaces, based upon the standard of one (1) parking space per 200 square feet of office space and one parking space per 300 square feet of museum area. However, the applicant has elected to take advantage of the City's sustainable parking provisions which includes a reduced minimum parking ratio resulting in a reduction of 10 parking spaces when the sustainable criteria are met (thereby requiring a minimum of 43 spaces). The site plan provides 44 parking spaces including 13 on-street parking spaces, two (2) handicap parking spaces, and 29 on-site parking spaces with one (1) electric charging station. The City's parking regulations allow for the counting of those on-street spaces that abut the property, toward the minimum required for the project. All proposed parking stalls, including the size and location of the handicap spaces, were reviewed and approved by both the Engineering Division and Building Division. In addition, all necessary traffic control signage and pavement markings will be provided to clearly delineate areas on site and direction of circulation. All standard and compact parking spaces will utilize a continuous curb and overhang in lieu of wheel stops (Refer to Exhibit C - Conditions of Approval). Landscaping: The Plant List (Sheet L-1) indicates that the project would add a total of 44 trees to the property, 31 of them being canopy trees, 265 accent and shrub specimens, and 2,302 small shrubs/groundcover plants. All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Bougainvillea Standard, Green Buttonwood, Satin Leaf, and East Palatka Holly trees. Palm species would include Alexander Palms, Silver Date Palms, and Thrinax Palms. Consistent with the growing practice of using canopy trees in lieu of palm trees for better environmental landscape design, the use of palm trees is being limited to areas near the building foundation and utility equipment (i.e. water mains). Projects proposed in the Federal Highway District of the Community Redevelopment Area are required to have a streetscape design which reduces the building setbacks and encourages building placement to be abutting the street, thus creating a more notable urban setting. This design concept also includes landscaping that encompasses both the private and public domain, to blend the two areas into one unified landscape scheme and enhance the pedestrian experience. This is accomplished through hardscape and landscape choices, covered walkways (arcades, awnings, tree canopy), and streetscape amenities (benches/seat walls, lighting, accent plantings). The landscape design proposed by the applicant depicts the use of street trees and covered walkways to create the streetscape 4 Page 835 of 949 Page 5 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 theme in an effort to provide maximum clear pedestrian pathways. The applicant has worked with staff to provide the street trees and covered walkways necessary to meet the required 50% shaded sidewalk along property . Building and Site: The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal highway with a maximum separation from the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. Building Height: The maximum building height allowed in the Mixed Use 1 (MU-1) zoning district is 45 feet. The proposed building elevations (Sheet A1.2)depict the typical flat roof deck height of 40'-8", with typical parapet walls at approximately 44'-8". Tower elements/architectural treatments would extend up to 54'-9" in height, 9'-9" above the maximum allowable height in the MU-1 district. The applicant is concurrently requesting approval of a height exception (HTEX 22-001) for the proposed architectural features and stair towers. See corresponding staff report for additional information. Setbacks: The MU-1 zoning district requires no building setbacks, but rather a zero (0) build-to line. However, the building setbacks may be increased up to 15 feet administratively, without benefit of a community design appeal, in areas where the intent is to 1. enhance public spaces such as sidewalks, plazas, fountains, or outdoor seating areas; 2. optimize landscape design; 3. maximize on-site drainage solutions; and/or 4. accommodate architectural features and building enhancements. This requirement would apply to all building facades fronting on a street. The building setback is measured from the property line to the exterior surface of the building or supporting columns. Along Federal Highway (west property line), the proposed building would be setback 18.5 feet from the back of curb in order to meet the build-to-line requirements applicable to the Mixed-Use 1 Zoning District, and provide the required Pedestrian Area. The building is also setback 4.3 feet from the south property line, and two (2)feet from the north property line, in compliance with code requirements. The building is set back approximately 170 feet from the east property line, which is the nearest point to the nearby single-family neighborhood. Amenities: As noted above, the site plan depicts the inclusion of a public plaza at the corner of Federal Highway and Riviera Drive. The building also contains an interior art exhibit that will be visible from the public sidewalks along Federal Highway. Design: The proposed building has a contemporary design, featuring a lightly textured painted stucco finish, storefront glass, and louvers wrapping the two stair towers at either end of the building. The building has a flat accessible roof with a trellis and architectural elements above the parapet. The proposed building utilizes many similar design features as other office 5 Page 836 of 949 Page 6 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 buildings, including a neutral color palette. According to the "Color & Material Schedule", the primary building color would be two shades of gray, Sherwin Williams "Dovetail" and "Mindful Gray" and the main architectural feature is proposed to be Sherwin Williams "Origami White". Sustainability: According to the City's Sustainability Development Standards, new non- residential developments consisting of a size less than one (1) acre shall achieve at least twenty (20) points. Projects are required to incorporate a mix of sustainable site and building design features, which are listed on the Sustainable Design Options (Table 3-1) of the Land Development Regulations. The applicant provided a Sustainable Development Chart indicating the project would achieve the required 20 points by incorporating the following options: PROPOSED SUSTAINABLE DEVELOPMENT OPTIONS Energy Points The use of any combination of the following strategies for areas of the nonroof impervious site (including road, parking lots, driveways, sidewalks and courtyards). • Use of only paving materials with a Solar Reflectance Index (SRI)of 29, as demonstrated by the manufacturer or the Heat Island architect or engineer of record. The parking Reduction lot will be designed and constructed with 6 concrete to comply with the SRI 29 criteria. • Use of only canopy trees within, and along the perimeter of parking lots, following the regulations in the Landscape Code for"Large Landscape Islands." Canopy trees will be used for the perimeter and within the parking lot. • 75%of the non-roof impervious site Efficient All air conditions are Energy Star qualified. Minimum Cooling SEER 16. 2 At least 75% of hot water on premises is heated via Efficient Water Energy Star Certified water heaters or solar water 2 Heating heaters. Use roofing materials that have a Solar Reflective Cool Roof Index (SRI) 75 for low-sloped roofs (<2:12)for a 2 minimum of 75% of the roof surface. Use of white or cool light colors for the body of Building Color buildings to reflect rather than absorb heat and 2 reduce cooling costs. Provide energy efficient lighting such as LED lighting Lighting for building interiors for 100%of proposed lighting. 1 6 Page 837 of 949 Page 7 1320 S. Federal Highway MPMD 22-004& NWSP 22-002 Energy Star All appliances within a building are 100% Energy Appliances Star. 2 Urban Nature Provide canopy trees in an amount that exceeds the Tree Canopy minimum number of required trees by 15%. 3 Total Points 20 Lighting: The photometric plans (Sheets E -1) include five (5)freestanding pole light fixtures, all of which would be 20 feet in height, with the light fixture at 18 feet. The LED light fixture has a flat lens and cut-off feature to inhibit any light spillage/trespass. Additional exterior lighting would be provided through the installation of building mounted and under canopy fixtures, placed at a height of approximately seven (7)feet. The Photometric Plan is in compliance with the City's lighting ordinance, and designed to prevent glare or spillage onto abutting properties. Signage: Site and building signage has not been finalized and a Sign Program will be required for the site, approved prior to requesting any sign permits for the site (see Exhibit "C" — Conditions of Approval). Public Art: The project is still subject to the Art in Public Places requirement. Previously, the applicant had began coordinating with the Public Arts Administrator regarding on-site art and its placement. According to the previous proposed construction estimate, the project would have an art budget of approximately $12,950. RECOMMENDATION Staff has reviewed this request for a New Major Site Plan Modification and Master Plan Modification and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "C" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\1320 S.Federal Hwy Office Bldg\MPMD 22-004_NWSP 22-002\MSPM 18-009 1320 S. 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'c�4}ball PN �AkNf § C6} LLI mg yy O z S 1-W .•' S.. 0 z d LL! 5 aim a W`o w uj W xk z g h-0 J Ir zz a atL¢ Q y z w w U w � . OFA xw�w wo yew 3wzzz ,Li�Q W = f- O ® O� } J=St- tJ') uap.. -� z rxce.gw o .a��w�<cw:as.�o<cc�wQw,¢rrogo Qf—c�z '.. d W : �33yyu.o; u W0 W0 w -jwmU lcxapa�S.. • :. d ui cig4n4.aa¢'�v.� g`'a'.-A'C� x EXHIBIT "C" Conditions of Approval (Revised) Project Name: 1320 S. Federal Highway File number: MPMD 22-004 & NWSP 22-002 Reference: 2nd review of plans identified as a New Manor Site Plan with an December 23, 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. At time the Engineer of Record submits plans for a Land Development Permit to this Division, an in-depth review will take place. The plans must conform to all of the City of Boynton Beach Code of Ordinances, standards, and requirements. These permits include, but are not limited to, the following: paving, drainage, curbing, site lighting, landscaping and irrigation. The "Engineering Division Design Handbook and Construction Standards" manual is available at https://www.boynton-beach.org/engineering/new- construction-department-public-works-engineering-division 2. Permits required from other permitting agencies, such as South Florida Water Management District (SFWMD) and Palm Beach County Engineering Department (PBCED), shall be required prior to issuance of a Land Development Permit. 3. Full drainage plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be required at the time of permitting. 4. All signing and pavement markings must meet Palm Beach County Traffic Engineering Division Standards and the Manual on Uniform Traffic Control Devices, latest edition. 5. All parking lots must meet the 2010 LDR, Chapter 4, Article V. 6. All private and/or public streets must meet the 2010 LDR, Chapter 4, Article VIII. 7. If a dumpster is required by Public Works, provide a minimum outside turning radius of 55 ft. to allow turning movements for solid waste trucks. Truck routes for fire and solid waste to be determined by individual departments/divisions. 8. The lighting design shall provide a minimum average light level of one foot-candle with all light poles to withstand a 140 MPH wind load and shall be operated by photoelectrical control and are to Page 848 of 949 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 2 of 4 DEPARTMENTS INCLUDE I REJECT remain on until one hour after closing or 2:00 a.m. whichever is later per(2010 LDR, Chapter 4, Article VII, Section 3.). 9. All catch basin and manhole covers shall be bicycle proof per the 2010 LDR, Chapter 4, Article VIII, Section 3.G.b. and Engineering Design Manual Chapter 5, Paragraph D.1.b. 10. Provide FDOT sidewalk curb ramp and show pedestrian crossing on Riviera Drive, with the intersection with Federal Hwy. FIRE Comments: 11. The site is required to meet the required turning radius as specified in the 2021 International turning radius guidelines. 12. Provide fire sprinklers and fire alarms. POLICE Comments: None. All previous comments acknowledged at DART meeting. BUILDING Comments: 13. Provide Elevation Certificate to verify building is not in a SFHA. PARKS AND RECREATION Comments: None. All previous comments addressed at DART meeting. PLANNING AND ZONING Comments: 14. The project is required to meet the City's Sustainability Regulations (Chapter 4, Article XIII, Section 3). The project is required to achieve at least 20 points (Table 3-1). Revise the Site Plan (SP-1) to include the sustainable development requirements, as well as a list of proposed sustainable development options and points, including a table depicting the required 20 points. Page 849 of 949 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 3 of 4 DEPARTMENTS I INCLUDE I REJECT 15. At time of permit, an approved Sign Program will be required prior to issuance of any signs for the project. 16. Changes to proposed uses may require approval of a Major Site Plan Modification or Conditional Use application, as well as additional approvals for any required relief. Uses involved in preparing, selling, and/or serving food and beverage items, require an on-site screened dumpster. 17. At time of permit, provide details of the proposed roof top trellis. 18. At time of permit, please submit a traffic statement from Palm Beach County. 19. At time of permit, the standard parking spaces must be at least nine (9) feet by eighteen (18) feet, as shown on the Standard size Parking Detail on the Site Plan (SP-1). 20. At time of permit, label the proposed compact parking spaces on the Site Plan (SP-1). Revise the Parking Reduction Justification to indicate the use of compact parking spaces as shown on the Site Plan. 21. At time of permit, please replace the front setback information with the Build-to-Line dimensions. 22. At time of permit, revised the drawings to show the entire sidewalk area along S. Federal Highway consisting of brick pavers. 23. At time of permit, revise the plans to be consistent with the Site Plan (SP-1) approved by the City Commission. 24. At time of permit, submit a copy of an approved Engineering Waiver consenting to the elimination of the required sidewalk along the south side of Riviera Drive and associated crosswalk. COMMUNITY REDEVELOPMENT AGENCY Comments: All previous comments addressed at DART meeting. 25. Provide copy of FDOT permit for work within the Right of Way. Provide approval by FDOT to install tree planters within R-O-W and relocate sidewalk on private property. 26. Please coordinate with FPL on where the electrical service will be provided and ensure allowable separation from existing utility Page 850 of 949 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 4 of 4 DEPARTMENTS I INCLUDE I REJECT poles. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MPMD 22-004—NWSP 22-002\Staff Report\ExhibitC_MPMD 22-004& NWSP 22-002 COA.doc Page 851 of 949 EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Highway File number: MPMD 22-004 & NWSP 22-002 Reference: 2nd review of plans identified as a New Manor Site Plan with an December 23, 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: 1. At time the Engineer of Record submits plans for a Land Development Permit to this Division, an in-depth review will take place. The plans must conform to all of the City of Boynton Beach Code of Ordinances, standards, and requirements. These permits include, but are not limited to, the following: paving, drainage, X curbing, site lighting, landscaping and irrigation. The "Engineering Division Design Handbook and Construction Standards" manual is available at https://www.boynton-beach.org/engineering/new- construction-department-public-works-engineering-division 2. Permits required from other permitting agencies, such as South Florida Water Management District (SFWMD) and Palm Beach County Engineering Department (PBCED), shall be required prior X to issuance of a Land Development Permit. 3. Full drainage plans, including drainage calculations, in accordance with the 2010 LDR, Chapter 4, Article VIII, Section 3.G. will be X required at the time of permitting. 4. All signing and pavement markings must meet Palm Beach County Traffic Engineering Division Standards and the Manual on X Uniform Traffic Control Devices, latest edition. 5. All parking lots must meet the 2010 LDR, Chapter 4, Article V. X 6. All private and/or public streets must meet the 2010 LDR, Chapter 4, Article VIII. X 7. If a dumpster is required by Public Works, provide a minimum outside turning radius of 55 ft. to allow turning movements for solid waste trucks. Truck routes for fire and solid waste to be X determined by individual departments/divisions. 8. The lighting design shall provide a minimum average light level of one foot-candle with all light poles to withstand a 140 MPH wind X load and shall be operated by photoelectrical control and are to Page 852 of 949 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 2 of 5 DEPARTMENTS INCLUDE I REJECT remain on until one hour after closing or 2:00 a.m. whichever is later per(2010 LDR, Chapter 4, Article VII, Section 3.). 9. All catch basin and manhole covers shall be bicycle proof per the 2010 LDR, Chapter 4, Article VIII, Section 3.G.b. and Engineering X Design Manual Chapter 5, Paragraph D.1.b. 10. Provide FDOT sidewalk curb ramp and show pedestrian crossing on Riviera Drive, with the intersection with Federal Hwy. X FIRE Comments: 11. The site is required to meet the required turning radius as specified in the 2021 International turning radius guidelines. X 12. Provide fire sprinklers and fire alarms. X POLICE Comments: None. All previous comments acknowledged at DART meeting. BUILDING Comments: 13. Provide Elevation Certificate to verify building is not in a SFHA. X PARKS AND RECREATION Comments: None. All previous comments addressed at DART meeting. PLANNING AND ZONING Comments. 14. The project is required to meet the City's Sustainability Regulations (Chapter 4, Article XIII, Section 3). The project is required to achieve at least 20 points (Table 3-1). Revise the Site Plan (SP-1) to include the sustainable development requirements, X as well as a list of proposed sustainable development options and points, including a table depicting the required 20 points. Page 853 of 949 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 3 of 5 DEPARTMENTS I INCLUDE I REJECT 15. At time of permit, an approved Sign Program will be required prior to issuance of any signs for the project. X 16. Changes to proposed uses may require approval of a Major Site Plan Modification or Conditional Use application, as well as additional approvals for any required relief. Uses involved in X preparing, selling, and/or serving food and beverage items, require an on-site screened dumpster. 17. At time of permit, provide details of the proposed roof top trellis. X 18. At time of permit, please submit a traffic statement from Palm Beach County. X 19. At time of permit, the standard parking spaces must be at least nine (9) feet by eighteen (18) feet, as shown on the Standard size X Parking Detail on the Site Plan (SP-1). 20. At time of permit, label the proposed compact parking spaces on the Site Plan (SP-1). Revise the Parking Reduction Justification to indicate the use of compact parking spaces as shown on the Site X Plan. 21. At time of permit, please replace the front setback information with the Build-to-Line dimensions. X 22. At time of permit, revised the drawings to show the entire sidewalk area along S. Federal Highway consisting of brick pavers. X 23. At time of permit, revise the plans to be consistent with the Site Plan (SP-1) approved by the City Commission. X 24. At time of permit, submit a copy of an approved Engineering Waiver consenting to the elimination of the required sidewalk X along the south side of Riviera Drive and associated crosswalk. COMMUNITY REDEVELOPMENT AGENCY Comments: 25. Provide copy of FDOT permit for work within the Right of Way. Provide approval by FDOT to install tree planters within R-O-W X and relocate sidewalk on private property. 26. Please coordinate with FPL on where the electrical service will be X provided and ensure allowable separation from existingutilit Page 854 of 949 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 4 of 5 DEPARTMENTS I INCLUDE I REJECT poles. PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: 27. The building is prohibited from having the following uses: bars, breweries, taprooms, micro-breweries, beverage manufacturing, wine bars, distilleries, wineries, liquor stores, kava bars, vape X shops, hookah bars, entertainment/music venues, sober homes, drug/alcohol treatment centers, tattoo parlors. 28. Monday to Saturday operating business hours for office uses within the building are limited to 8:00 am to 7:00 pm and hours for X commercial uses within the building are limited 8:00 am - 9:00 pm. 29. Access and use of the roof top is to be controlled by the property owner and only used by employees of the tenants of the building during business hours and for service of mechanical equipment or X structure. 30. Upon full occupancy of the building, the owner and tenants will be responsible to instruct employees to park in the on-street spaces for less frequent activity on the street and to allow more spaces X on site for patrons/customers. 31. Prior to issuance of certificate of occupancy, the property owner shall provide proof of a $5,000 payment to the Colonial Center for X the installation and/or relocation of a monument sign. 32. The property owner shall contribute $2,500 for the installation of signage designed to limit traffic beyond the commercial property X on Riviera Drive. 33. During site development, the property will be fenced to deter access and regularly maintain litter and debris. X 34. During site development, construction vehicles are to be instructed to turn around on the subject property. X 35. Prior to the issuance of a Certificate of Occupancy, all work in the Riviera Drive right-of-way shall be completed, less the X construction of three 3 parallel parking spaces on the south side Page 855 of 949 1320 S. Federal Highway(MPMD 22-004 & NWSP 22-002) Conditions of Approval Page 5 of 5 DEPARTMENTS I INCLUDE I REJECT of Riviera Drive (on the east side of the Snug Harbor Drive entrance). Once the Developer's engineer submits the final certification package, the City will reduce the Right-of-way bond to an amount sufficient to cover the cost of installing the final three (3) parallel spaces. The City will hold the bond for five (5) years from the date of the engineer's final certification. Within that five (5) years, should the Developer require the additional parking or the City deem it necessary, the developer will obtain a new Right- of-way permit for the three spaces using the original engineering design drawings (updated signed and sealed plans will not be required). The remaining bond will release when the parking is installed or when the five years expires. Note: should the parking be constructed, 5% of the bond will be held by the City as a warranty bond, for a period of one year. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MPMD 22-004_NWSP 22-002\Site Plan Reinstatement Submittal Package\Exhibit C-Condition of Approval_Post Second CC Meeting.doc Page 856 of 949 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 1320 S. Federal Highway (MPMD 22-004 & NWSP 22-002) APPLICANT: MJ Jackson Holdings, LLC. APPLICANT'S ADDRESS: 3225 NE 401h Court, Fort Lauderdale, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2022 APPROVAL SOUGHT: Approve the 1320 S. Federal Hwy. Office Building Master Plan Modification and New Major site Plan to construct a 10,898 square foot structure and associated site improvements. LOCATION OF PROPERTY: Northeast corner of the intersection of Riviera Drive and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\MPMD 22-004—NWSP 22-002\MPMD 22-004 and NWSP 22-002 DO.doc Page 857 of 949 1 0 /-•, N - C4 L .. 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'• a 1 . 1 i ' i i 1 • 1 1 1 • 1 i CY) • ' ! ° CY) 1 4— • N 1 • co , 1 ! 1 1 1 • ` M m • a ct� 1 • � �_. � 1 ! 1 1 • m at �� m • a ► � a i ' m . 1 • • • 1 m ! 1 i i 1 , ► 1 1 1 i . . • • i 1 1 1 ® 1 1 1 O 1 1 1 4- 0 C7 ti CIDN O1 / 1 � 1 C \v�ly}si tS7 r 1�lr rjtt u9sy� - lllllllllllllllll it ' 7� s t}i'. � t t co Wm i i } i A {t�}tt f i Ut � o • Q� ��#it i ?1��'N f p� �ti"M / / / CY) / 1 CY) 4- 0 LO rl- ® co Cu / 1 1 / e / t i au 8.B. Public Hearing 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Reconsider request for a Height Exception (HTEX 22-001)for 1320 S. Federal Highway to allow tower elements and architectural features to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. Applicant: TY Eriks MJ Jackson Holdings, LLC. Item was approved on March 1, 2022, and is returning for reconsideration by Commission action on March 15, 2022. Explanation of Request: The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The Land Development Regulations, Chapter 3, Article 111, Section 5.C.1, Mixed Use (Urban) Districts Building and Site Regulations, limits all structures located within the MU-1 zoning district to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height regulation, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8". Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU-1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. The Planning and Development Board did not recommend approval of this item at their January 25, 2022 meeting. How will this affect city programs or services? N/A Fiscal Impact: Project would generate permit fee and impact fee revenues to cover the cost of processing the applications and development, and contribute to the City's property tax base. Alternatives: None recommended Strategic Plan: Strategic Plan Application: NA Climate Action Application: NA Page 876 of 949 Is this a grant? Grant Amount: Attachments: Type Description D Staff Report Staff Report D Location Map E)diibit A- Location Map D Drawings E)diibit B - Flans D Conditions of Approval E)diibit C - Conditions of Approval D Development Order Development Order D Attachment Staff Presentation D Attachment Applicant Presentation Page 877 of 949 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-006 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Amanda Radigan Principal Planner DATE: January 19, 2022 PROJECT: 1320 S. Federal Highway (HTEX 22-001) REQUEST: Approve request for Height Exception (HTEX 22-001) to allow the tower elements and architectural features of the 1320 S. Federal Highway project to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet in the MU-1 (Mixed Use-1) zoning district. PROJECT DESCRIPTION Property Owner: MJ Jackson Holdings, LLC Agent: Bradley Miller, Urban Design Studio Location: Northeast corner of the intersection of Riviera Drive and Federal Highway (Refer to Exhibit"A": Location Map) Existing Land Use: Mixed Use Low (MXL) Existing Zoning: MU-1 Mixed Use 1 Proposed Land Use: Mixed Use Low (MXL) Proposed Zoning: MU-1 Mixed Use 1 Acreage: 0.51 acre Adjacent Uses: North: Developed office condominiums (Colonial Center) classified Office Commercial (OC) and zoned C-1 Office Professional; Page 878 of 949 Page 2 1320 S. Federal Highway HTEX 22-001 South: Right-of-way of Riviera Drive, then developed residential condominiums (Snug Harbor) classified High Density Residential (HDR) and zoned R-3 Multi-family Residential; East: Right-of-way of Riviera Drive, then common grounds (green space) of the Snug Harbor condominiums and farther east developed single family homes, classified Low Density Residential (LDR) and zoned R-1-AA Single Family Residential; and West: Right-of-way of Federal Highway, then farther west developed commercial property (Dunkin Donuts & convenience store), classified Local Retail Commercial (LRC) and zoned C-3 Community Commercial. BACKGROUND The subject 0.51-acre property is located in the Federal Highway Corridor District of the Community Redevelopment Area (CRA). The property has been vacant since the 2005 demolition of the structure which up until then housed an I-HOP restaurant. The same year, a mixed-use project consisting of office, retail and eight townhomes was proposed for the site; application was later abandoned in the midst of the real estate collapse. Note that the Mixed Use Low zoning requested in the previous application (a designation no longer on the books) had a maximum density of 40 dwelling units per acre, twice as high as the maximum density of the currently proposed MU-1 designation. Residential uses are not part of the subject request. Instead, the applicant proposes a three-story structure to be predominantly occupied by medical offices (for a total of 8,078 square feet), with an additional 1,920 square feet retail space on the first floor and a small, 900 square foot art museum. The proposed project was previously approved by the City Commission on October 16, 2018. However, the Development Order recently expired, requiring the Master Plan Modification and New Major Site Plan applications, and associated Height Exception Application (HTEX 22- 001), to again undergo the necessary application reviews culminating in City Commission review and approval. ANALYSIS The proposed building is designed as a three (3)-story structure with roof access and a parapet wall and architectural feature extending past the third story. The main entrance to the building is at the corner of Federal Highway and Riviera Drive. The building is placed so that it fronts Federal Highway with an extensive setback to the residential neighborhood located to the east of the site. The building occupies most of the frontage of the site and has the vehicular circulation, including the parking and drop off area, contained behind the building. The proposed building has a contemporary design, featuring a lightly textured painted stucco finish, storefront glass, and louvers wrapping the two stir towers at either end of the building. The building has a flat accessible roof with a trellis and architectural elements above the parapet. The Land Development Regulations, Chapter 3, Article III, Section 5.C.1, Mixed Use (Urban) 2 Page 879 of 949 Page 3 1320 S. Federal Highway HTEX 22-001 Districts Building and Site Regulations, limits all structures located within the MU-1 zoning district to a maximum height of forty-five (45) feet above the minimum finished floor. Noted exceptions to the maximum building height include provisions for architectural enhancements such as church spires, domes, cupolas and rooftop equipment. However, the noted exceptions are allowed only through obtaining approval from the City Commission. In considering an application for exception to the district height standard, the City Commission shall make findings indicating the proposed exception has been studied and considered in relation to minimum standards, where applicable. The proposed building elevations (Sheet A1.2) depict the typical flat roof deck height as 40'-8", with typical parapet walls at approximately 44'-8". Tower elements and architectural features are proposed to extend up to 54'-10" in height, 9'-10" above the maximum allowable height in the MU- 1 zoning district. The plans indicate that the requested height exception is not necessary for the entire roof of the proposed structure, but only relatively small areas near the north and south ends of the building. As evidenced by previous approvals, this request for height exception would not constitute a granting of special privilege, nor would it impact the air or light of adjacent properties, due to the small percentage of the overall roof area that is subject to the height exception and the distance separation from other commercial or residential structures. The sizeable distance to the nearest residential structure further diminishes any potential incompatibilities associated with this request and allows the roof deck of building to be accessed and shaded during use. RECOMMENDATION Staff has reviewed this request for a Height Exception and recommends APPROVAL, subject to approval of the accompanying applications and satisfying all comments indicated in Exhibit "D" — Conditions of Approval. Any additional conditions recommended by the Board or required by the City Commission shall be documented accordingly in the Conditions of Approval. S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 22-001\Height Exception 1320 S. Federal Highway Staff Report.docx 3 Page 880 of 949 Exhibit A LOCATION MAP {, �)2Ss ${a t tjY 1 it 5 'SE12th s4 S { J n g tJ LLi J4i �j EL k I p 4 r cv� - � f Legend N TCEA Boundary ° 25 5o d ,ot$81 949 s �3aa,o 3a 3aao �dse3a3s3 o�aedo�a3 U) m S£17££-I3�H:)VHH NO.LALIOH a �� (Dz N I�H'IVHHQHI H.LIIOS OHIo Z_ 547 lbA023ddb Nbld 311S DLU waGo�1�Hlnos ozsi o h = w w \ oo `o= j «� poo — aaa mo ow w =p� 333 — w o oQN 0 J 0 0 0 < = Q Z � - (J j o Aga k wa - 4 www- o op p oo � 5 �LL «a< KEE-- 0 Io F tj T- oe s oe I Z Z o Fm Fm s �3aa,o 3a 3aao �dse3a3s3 o�aedo�a3 U) m S£17££-I3�H:)VHH X011,IOH �� (D Z M 47 O �kYH'IVHHQH3 HICIOS OZ£LZ O PON gal p �Q lVAM:Jddd NVId 311S w �o��HLnIDS OZE I h w lvaw Q _j 9 \ oo ¢oma poo o, COo - o- - o w� N�� B�B� O - H llllllo- z Q _ a_� J �oW W z J - o Aga o z o� 5 — � w «a — r m o L Emil! 111!111111 Z Z O o W W , =m =m 0 w 0 w 6 E N O 01 E irY v ^ r �8tr J W I 1 J W x ------ 1I17111fSt - � Iitt¢4L 1e LLJ FF31 _ U- $ - 0 LLJ I, Li v m r 09 N u om MEESE= , Y73 tF EXHIBIT "C" Conditions of Approval Project Name: 1320 S. Federal Highway File number: HTEX 22-001 Reference: 1St review of plans identified as a Height Exception with an December 23, 2021 Planning and Zoning Department date stamp marking. DEPARTMENTS I INCLUDE I REJECT ENGINEERING / PUBLIC WORKS/ FORESTRY/ UTILITIES Comments: None FIRE Comments: None POLICE Comments: None BUILDING Comments: None PARKS AND RECREATION Comments: None PLANNING AND ZONING Comments: None COMMUNITY REDEVELOPMENT AGENCY Comments: None PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\1320S. Federal Hwy Office Bldg\HTEX 22-001\ExhibitC_HTEX 21-001 COA.doc Page 885 of 949 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: 1320 S. Federal Highway (HTEX 22-001) APPLICANT: Ty Eriks, MJ Jackson Holdings, LLC. APPLICANT'S ADDRESS: 3225 NE 401h Court, Fort Lauderdale, FL 33308 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: February 15, 2022 APPROVAL SOUGHT: Approve request for Height Exception (HTEX 22-001) to allow the tower elements and architectural features of the 1320 S. Federal Highway project to be constructed at 54'-10" in height, 9'-10" above the maximum allowable height of 45 feet. LOCATION OF PROPERTY: Northeast corner of the intersection of Riviera Drive and Federal Highway DRAWING(S): SEE EXHIBIT "B" ATTACHED HERETO. THIS MATTER was presented to the City Commission of the City of Boynton Beach, Florida on the date of hearing stated above. The City Commission having considered the approval sought by the applicant and heard testimony from the applicant, members of city administrative staff and the public finds as follows: 1. Application for the approval sought was made by the Applicant in a manner consistent with the requirements of the City's Land Development Regulations. 2. The Applicant HAS HAS NOT established by substantial competent evidence a basis for the approval requested. 3. The conditions for development requested by the Applicant, administrative staff, or suggested by the public and supported by substantial competent evidence are as set forth on Exhibit "C" with notation "Included." 4. The Applicant's request is hereby GRANTED subject to the conditions referenced in paragraph 3 above. DENIED 5. This Order shall take effect immediately upon issuance by the City Clerk. 6. All further development on the property shall be made in accordance with the terms and conditions of this order. 7. Other: DATED: City Clerk S:\Planning\SHARED\WP\PROJECTS\1320 S. Federal Hwy Office Bldg\HTEX 22-001\HTEX22-001 DO.doc Page 886 of 949 1 0 /-•, N - L3 ,,� ' -E C4 L .. 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Public Hearing 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Ordinance 22-012 - First Reading -Approval of Ordinance amending the Commission voting district boundaries. This is done in accordance with requirements outlined in the City Charter. Redistricting takes place every 10 years, after the US Census is completed. Explanation of Request: At the City Commission meeting held on March 1, 2022, the City Commission considered options for redistricting presented by Florida Atlantic University. Following due consideration, the City Commission selected a redistricting plan that is found to be in the best public interest. Formal adoption is now necessary and will incorporate legal descriptions delineating the City voting districts. How will this affect city programs or services? None Fiscal Impact: None Alternatives: None. Once selected the legal descriptions need to be codified. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description Ordinance Ordinance approving 2022 redistricting boundaries Location Map 2022 District Map Page 909 of 949 I ORDINANCE NO. 22- 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA AMENDING CHAPTER 2. ADMINISTRATION. 5 ARTICLE III. ELECTIONS. SECTION 2-41. VOTING 6 DISTRICTS, OF THE CODE OF ORDINANCES, 7 ESTABLISHING REVISED REDISTRICTING 8 BOUNDARY MAPS; PROVIDING FOR CONFLICTS, 9 SEVERABILITY, CODIFICATION AND AN EFFECTIVE 10 DATE. 11 12 WHEREAS, pursuant to Article I, "hi General", Section 3(g) of the Charter of the 13 City of Boynton Beach, the geographic boundaries for each of the four (4) voting districts of 14 the City Commission have been revised; and 15 WHEREAS, the City Commission deems the adoption of this Ordinance to be in the 16 best interests of the citizens and residents of the City of Boynton Beach, Florida; 17 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 18 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing whereas clauses are true and correct and are now ratified 20 and confirmed by the City Commission. 21 Section 2. Chapter 2. Administration, Article III, Section 2-41 is hereby amended 22 by deleting (1), (2), (3) and (4) in their entirety, and adding a revised(1), (2), (3) and(4) as 23 follows: 24 District 1 25 COMMENCING at the centerline intersection of Bovnton Beach Boulevard and the 26 centerline of Interstate 95 (S.R. 9); thence run westerly alony,the centerline of Bovnton Beach 27 Boulevard to the centerline intersection of S 8th Street and the POINT OF BEGIN�TI�TC1 28 thence run southerly alony, the centerline of S [ 8th Street to the centerline intersection of 29 loolbright road; thence run easterly along the centerline of loolbriyht Road to the 30 centerline intersection of Interstate 95 (S.R. 9); thence run southerly alony, the centerline of 31 Interstate 95 ( .R. 9) to the city's southern corporate limits; thence run westerly alom4 the 32 city's southern corporate limits to the city's western corporate limits; thence run northerly, 33 easterly and northerly alom4 the city's western corporate limits to a point on the centerline of 34 Gateway Boulevard; thence run easterly along the centerline of Gatewav Boulevard to the 35 centerline intersection of Congress Avenue; thence run southerly alony, the centerline of 36 Congress Avenue to the centerline intersection of Renaissance Drive; thence run easterly 37 along the centerline of the Renaissance Drive to the centerline intersection of the Labe worth 38 Drainage District (LDD) Bc�t2alization (B) 4 Canal; thence run southerly along the 39 centerline of the Labe worth Drainage District VDD) Bgualization (B) 4 Canal to the S:ACA\Ordinances\Approving 2022 redistricting boundaries-Ordinance.docx Page 910 of 949 I centerline intersection of Old Boynton Road, thence run easterly, southeasterly and southerly 2 along the centerline of Old Boynton Road to POINT OF BEGINNING. 3 4 District 2 5 COMMENCING at the centerline intersection of Boynton Beach Boulevard and the 6 centerline of Interstate 95 (SR9), thence run westerly alonv,the centerline of Boynton Beach 7 Boulevard to the centerline intersection of Old Bovnton Road and the POINT OF 8 BEGINNING, thence run northerly, northwesterly and westerly along the centerline of Old 9 Boynton Road to the centerline of the Lake Worth Drainage District (L DD) Eclualization 10 (E) 4 Canal, thence run northerly alonv, the centerline of the Lake Worth Drainage District 11 WVDD) Equalization (E) 4 Canal to the centerline intersection of Gateway Boulevard, 12 thence run easterly, northeasterly and easterly to the centerline intersection of Interstate 95 13 (S.R. 9)- thence run northerly along the centerline of Interstate 95 (S.R. 9) to the cit 's 14 northern corporate limits; thence run easterly, southerly and easterly along the city's northern 15 corporate limits to the centerline intersection of the Intracoastal Waterwav, thence run 16 southerly alon the centerline of the Intracoastal Waterwav to the centerline of the easterly 17 extension of Bovnton Beach Boulevard. thence westerly along the centerline of said easterly 18 extension and centerline of Boynton Beach Boulevard to the POINT OF BEGINNING. 19 20 District 3 21 BEGINNING at the centerline intersection of Boynton Beach Boulevard and the 22 centerline of SW 8th Street thence run easterly along the centerline of Boynton Beach 23 Boulevard and its easterly extension to the centerline of the Intracoastal Waterwav, thence 24 run southerly along the city's eastern corporate limits to the to a point on the east riaht-of- 25 way line of Federal Highway (U.S. I); thence run westerly along the city's southern corporate 26 limits to a point on the centerline intersection of Interstate 95 (SK 9), thence run 27 northeasterly alonv, the centerline of Interstate 95 (SK 9) to the centerline intersection of 28 Woolbright Road- thence run westerly along the centerline of Woolbright Road to the 29 centerline intersection of SW 8th Street, thence run northerly along the centerline of SW 8th 30 Street to the centerline intersection of Bovnton Beach Boulevard and the POINT OF 31 BEGINNING. 32 33 District 4 34 BEGINNING at the centerline intersection of Interstate 95 (SA9) and Gateway 35 Boulevard, thence westerly, southwesterly and westerly along the centerline of Gateway 36 Boulevard to the centerline intersection of the Lake Worth Drainage District (L DD) 37 E �jcualization (E) 4 Canal, thence southerly along the Lake Worth Drainage District (L DD) 38 E �jcualization (E) 4 Canal to the centerline of the easterly extension of Renaissance Drive, 39 thence westerly alonv, the centerline of Renaissance Drive to the centerline intersection of 40 Congress Avenue, thence northerly along the centerline intersection of Congress Avenue to 41 the centerline intersection of Gateway Boulevard, thence westerly along, the centerline of 42 Gateway Boulevard to the centerline intersection of NW 23rd Street and the citv's western 43 corporate limits, thence easterly, northerly, southwesterly, northerly, easterly and northerly 44 qlom4 the city's western corporate limits to the north richt-of-wav line of Hvi)oluxo Road and 45 the city's northern corporate limits; !hence easterly, southerly. northeasterly. easterly. S:\CA\Ordinances\Approving 2022 redistricting boundaries-Ordinance.docx Page 911 of 949 I southerly and easterly along the city's northern coLporate limits to the centerline intersection 2 of Interstate 95 (S.R. 9), thence southerly alonv, the centerline intersection of Interstate 95 3 (S.R. 9) to the POINT OF BEGINNING. 4 5 Section 3. All laws and ordinances applying to the City of Boynton Beach in 6 conflict with any provisions of this ordinance are hereby repealed. 7 Section 4. Should any section or provision of this Ordinance or any portion 8 thereof be declared by a court of competent jurisdiction to be invalid, such decision shall not 9 affect the remainder of this Ordinance. 10 Section 5. Authority is hereby given to codify this Ordinance. I I Section 6. This Ordinance shall become effective immediately. 12 FIRST READING this 5th day of April, 2022. 13 SECOND, FINAL READING AND PASSAGE this 19th day of April, 2022. 14 15 CITY OF BOYNTON BEACH, FLORIDA 16 17 YES NO 18 Mayor— Ty Penserga 19 Commissioner—Angela Cruz 20 Commissioner—Woodrow L. Hay 21 Commissioner—Thomas Turkin 22 Commissioner—District 4 - Vacant 23 VOTE 24 ATTEST: 25 26 Crystal Gibson, MMC 27 City Clerk 28 29 30 31 (Corporate Seal) S:\CA\Ordinances\Approving 2022 redistricting boundaries-Ordinance.docx Page 912 of 949 'a as J r w a.t w I � r II i t 5rr S � ■� 1 .. d4� d 1 — LMNO En r h 0 s 12.A. Legal 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: City Commission is requested to review the Lien Modification Order issued by the Special Magistrate at the January 19th, 2022 hearing for case 09-3565. Explanation of Request: Pursuant to Sec. 2-90 of the City Code, the property owners are requesting that the City Commission review the Lien modification order. The City Commission shall either (1)Affirm the final order in full or (2) Modify the final order. The below information is a summary of the Community Standards case: Case History Case 09-3565 Owner(s) Shalom Korf and Deitsch Property Type: Condominium Property address (non-homesteaded): 911 MEADOWS CIR BOYNTON BEACH, FL 33436 • 11/12/2009— Case initiated and Notice of Violation issued for renting a unit without first obtaining a business tax receipt. • 12/1/2009 — Notice of hearing sent by certified mail to property owner at address listed on tax roll; however, the notice sent to the owner was returned to sender - unclaimed. • 1/7/2010— Notice of Hearing was posted at violation address and City Hall. • 1/20/2010 — Special Magistrate hearing — result: comply by 2/4/2010 or be fined $150.00 a day plus admin fee.- no one appeared • 2/09/2010 — Notice of noncompliance and Notice of hearing for lien certification was mailed certified; however, the notice sent to the owner was returned to sender - unclaimed. • 3/4/2010— Notice of hearing for lien certification posted at violation address and City Hall. • 3/17/2010— SM Hearing for certification of lien- result: lien certified plus admin fee of $634.12. No one appeared. • 5/5/2010— Lien recorded with Palm Beach County. • 1/11/2022- Case brought into compliance by inspection of unit and paying overdue business tax fees from 2017 to 2021. (No new violations found during the lien reduction inspection). • 1/18/2022 -Application fee for the lien reduction paid in the amount of$200.00. • 1/19/2022- Special Magistrate lien reduction Hearing — results: Magistrate reduced the lien from $654,334.12 to $6,543.34- 99% reduction. How will this affect city programs or services? Fiscal Impact: Alternatives: Page 914 of 949 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Staff Report Case History Summary D Attachment Request of appeal D Other Lien Mod Order D Minutes SNA Hearing Minutes D Ordinance Lien reduction ordinance Page 915 of 949 Case 09-3565 Owner(s) Shalom Korf and Deitsch Property Type: Condominium Property address (non-homesteaded): 911 MEADOWS CIR BOYNTON BEACH, FL 33436 11/12/2009—Case initiated and Notice of Violation issued for renting a unit without first obtaining a business tax receipt. 12/1/2009— Notice of hearing mailed certified to owner at address listed on tax roll; however, the notice sent to the owner was returned to sender - unclaimed. 1/7/2010— Notice of Hearing was posted at violation address and City Hall. 1/20/2010—Special Magistrate hearing— result: comply by 2/4/2010 or be fined $150.00 a day plus admin fee.- no one appeared 2/09/2010— Notice of noncompliance and Notice of hearing for lien certification was mailed certified; however, the notice sent to the owner was returned to sender- unclaimed. 3/4/2010— Notice of hearing for lien certification posted at violation address and City Hall. 3/17/2010—SM Hearing for certification of lien- result: lien certified plus admin fee of$634.12. No one appeared. 5/5/2010— Lien recorded with Palm Beach County. 1/11/2022-Case brought into compliance by inspection of unit and paying overdue business tax fees from 2017 to 2021. (No new violations found during reduction inspection). 1/18/2022 -Application fee for the lien reduction paid in the amount of$200.00. 1/19/2022-Special Magistrate lien reduction Hearing— results: Magistrate reduced the lien from $654,334.12 to $6,543.34- 99% reduction. Page 916 of 949 From:rabbideitsch<rabbideitsch @paol.corn> Sent: Friday,January 28, 2022.5:06 PM To:Swanson, Lynn<Swanson L(ab bf Lus> Subject: Property address 911 meadovvs cir I ask for a Review-request-For the amount.as si gned to me_I feel it-xvas exc essi'Ve- Please.allow me to speak to you about this order that I received from you today Mi lvritmg. Rabbi Shalom Deitsch Thank you dent-,6a the, am-mr2s,Galamy S'9.an ATLk-,T ir, Capable SMAPUlphone Page 917 of 949 CITY OF BOYNTON BEACH,FLORIDA CITY OF BOYNTON BEACH Petitioner, VS. CASE NO. 09-3565 DEITSCH SHALOM AND KORF SHALOM . Respondent(s) LIEN MODIFICATION ORDER THIS CAUSE came before the City of Boynton Beach Code Compliance Magistrate on the Respondent's application for lien reduction on January 19,2022, pursuant to Chapter Two, Article Five of the City Code of Ordinances. The Magistrate having considered the application,all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original Magistrate hearing, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case and being otherwise duly advised in the premises, it is hereupon, ORDERED AND ADRIDGED that: 1. This Magistrate has subject matter jurisdiction of this cause and jurisdiction over the Respondent. 2. The Respondent has met all the lien reduction procedures established by the City Code of Ordinances. 3. The lien imposed by the Code Compliance Board of the City of Boynton Beach on March 17,2010, on the Property located at 911 MEADOWS CHL Boynton Beach,Florida,with the legal description of: Unit No.911 in Building 9 MEADOWS ON THE GREEN CONDOMINIUM,a condominium according to the declaration of condominium thereof,as recorded in Official Records book 18970,Page 1595,of the Public Records of Pahn Beach County,Florida PCN:08-4345-07-21-009-9110 is REDUCED TO$_ 4. The City shall prepare a release and satisfaction consistent with this Order. 5. The release and satisfaction shall be recorded in the public records of Palm Beach County at the Respondent's expense. 6. This Order is not final until the time period for appeal under the Code has elapsed and if appealed is properly disposed by the City Commission. 7. In the event that the property owner does not comply with the Magistrate's order,as approved or modified by the City Commission,within ninety(90) days of Commission's action,the Lien Reduction Order shall be of no further force or effect,and the original lien shall remain on the property. No extensions of the ninety(90) day period shall be permitted, and no further action by the Code Compliance Magistrate or the City Commission shall be permitted regarding lien reduction. DONE AND ORDERED after hearing at City of Boynton Beach, Palm Beach County, Florida this-day of `" ,2022. SPECI, - G STRAT ATTEST: CITY CLERK Corporate Seal 1 Page 918 of 949 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Property Address: 1.40 NW 14th Avenue Officer Hart presented this case. The Special Magistrate Hearing date was October 20, 2021, and the Respondent did appear. A compliance date was set for November 19, 2021, or a fine of$500 per day, plus administrative fees of $384.12. The property was last inspected on January 18, 2022, and the violation still exists. There are 60 days of noncompliance, and the fine continues to accrue at$500 per day. As of this date, the fine is $30,000 plus$384.12 administrative fees, for a total of$30,384.12. Sem Po, owner, was present. In response to Ms. Zalman, Officer Hart stated the fine is due to work without permits. The Respondent still has not applied for permits. Ms. Zalman thought the Respondent brought a contractor or a manager to the last Hearing and they said they were going to address this, but they still have not fixed it. The Respondent stated they took her money, but they have not done anything. Officer Hart indicated that nothing has been done and the property is currently occupied. Ms. Zalman agrees with the City's recommendation and an Order will be issued. Decision Based on testimony, Ms. Zalman certified the fine for $30,384-12, which includes administrative fees of$384.12. NON-AGENDA Case No. 09-3565 Rabbi Shalom Kort Property Address: 911 Meadows Circle Violation(s): As stated for Code sections below Officer Pierre presented this case. The Notice of Violation date was November 12, 2009. The Special Magistrate Hearing date was January 20, 2010, and no one appeared. A compliance date was set for February 4,2010, or a fine of$150 per day. The Respondent compiled January 11,2022.There are 4,358 days of noncompliance at$150 per day. The total fine is $653,700, plus administrative fees of$384.12 for a total of$654,334.12. The Respondent complied with the Lien Reduction process to move forward. Rabbi Shalom Korf, one of the owners, was present. Ms. Zalman commented this is a large lien and questioned how the property is currently being used and if it is up for sale. Page 16 Page 919 of 949 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Rabbi Korf indicated his partner is managing the property; he is going to sell it. He was made aware of this issue about two days ago and was told a license was required to rent property. In response to Ms. Zalman, Rabbi Korf was not sure, but thought the property was under contract for sale. Ms. Zalman commented that Rabbi Korf might not be the best person to represent the case because he was not aware how much money was spent to bring the property into compliance and how much they are trying to sell it for. Rabbi Korf advised there is a mortgage on the property, but he did not know the sale price and thought they paid between $155,000 or$160,000 for the property. He thinks the value is about the same because they lost money. Ms. Zalman commented that the lien is well over the value of the property. Rabbi Korf reiterated it is somewhere in that range. The property was rented for a long time and unfortunately, the renter died in the apartment. The renter did not have any family, so it made it difficult to clean out the place. Regarding the license, they should have been aware, but they were not. Ms. Zalman assumed his partner might have started working with a title company to put the property up for sale, they realized there was a lien, and the lien would block the sale, so they had to go through the process to clear the lien and get it reduced, so the property could be sold. This is an investment property, and the lien does not go away, this is just the reduction process. Even though the lien will be reduced, there will still be a lien that has to be cleared at or before closing. Rabbi Korf understood. Ms. Zalman questioned if Rabbi Korf and his partner have a suggestion they were hoping to reduce the lien to. Rabbi Korf stated the property is not worth the amount of the lien. He commented there may be unknown reasons why they did not know about this Ms. Zalman advised there had to be mailed Hearings and certified mail. Maybe because it was an investment property and there was a tenancy,the address was the tenancy. Her concern was they did not know the number needed to get the property sold because she does not know the balance of the mortgage. Rabbi Korf indicated he could message his partner. Page 17 Page 920 of 949 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 01 1-1—.--,,-,---- 11 i Ms. Zalman commented that she would put this case on hold, so Rabbi Korf could message his partner to find out the amount of the mortgage and to find out if there is a contract for sale. In running the numbers, she noted going down to 75% is still in'the $40,000 range. Officer Pierre recommended 10%. Rabbi Korf stated they had a contract with the Housing Department for Housing assistance. He questioned if they should have asked if they had a license from the City of Boynton Beach since they had the property for a while. Ms.Zalman could not answer that question. Once the City became aware of it,they issued a Notice to get the license and when ignored is when it starts accruing a' daily fine. The City is recommending a 10% reduction, which would be $65,433.41. She suggested Rabbi Korf contact his partner and they will come back to this case later to do an Order. This case was recalled at 10:25 a.m. Rabbi Korf advised that he spoke with his partner who said there is an offer for $160,000, not a contract. He thinks they paid $155,000 for the property many years ago and there was a cost of$20,000 to clean up and help with a funeral. They paid 15% at the time of purchase and there is a mortgage. Ms. Zalman stated 15% is at least another $24,000 plus interest and then they went out of pocket for the tenant who passed away. There is no ill will, this was not intentional, but at the same time, the City incurred fees and costs. If the lien is not cured, the property cannot sell and that is not the goal. She recalculated using numbers provided and the money that was spent. If the reduced number is used with consideration of the deceased, the mortgage, and the value, that would bring the original number, which is around 5% of the lien, to $32,716.71. The City originally recommended $65,000. If the property were sold as is, not knowing the exact amount of mortgage, she is not sure if they are over or under. Rabbi Korf commented they are under. It was a Home Equity Line of credit, so when they took out the loan the interest was 9%. Ms. Zalman mentioned she would take the lien to 3%, which is $19,630. Officer Pierre stated there is an offer for $160,000 and he questioned how much they would like to pay. Rabbi Korf replied as little as possible because they are under water. He feels guilty saying it, but he offered $1,000. Officer Pierre suggested Rabbi Korf to pay $10,000 and they would be even. Page 18 Page 921 of 949 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Rabbi Korf stated he would have to check with is partner before accepting the amount. Ms. Zalman placed this case on hold. This item was called back, and Rabbi Korf advised there is no way his partner can accept the offer. He questioned if there should be some protection before getting to this point. Officer Pierre stated they posted the property, sent letters to them, they came back, and they posted the property. All the evidence is there that they tried to make contact. Ms.Zalman explained as a property owner,when a property is purchased, if there is going to be mail from a tax authority or a City, the address should be changed with the Palm Beach Records Tax Appraiser, or the deed should be updated so mail goes to the correct person. If the address is not updated, mail goes straight to the investment property. The City only has the address provided in public records, so they are doing everything possible to reach the property owner, but if the address is not changed, all they can do is send letters to the address provided in public records. Officer Pierre asked if they were taking the $10,000 offer or not. Rabbi Korf stated they do not have the money. He reiterated he would pay $1,000. In response to Ms.Zalman, Rabbi Korf stated his partner was okay with $1,000. He noted they recently spent $20,000 on the property. Ms. Zalman commented even if they knocked the amount down to the next percentage, which is 1%, it would still be $6,543.34, which she would be inclined to order. Once the offer goes through and if it gets under contract prior to the 90 days, it could be in held by a title company. The lien does not have to be paid out of pocket to the City before the closing; it would be pulled from the seller proceeds. Otherwise, within 90 days the fine reverts to the full amount. The City is not trying to prevent the sale of the property in any way. An Order will be entered for$6,543.34. Decision Based on testimony, Ms. Zalman reduced the lien to $6,543.34, which includes administrative fees, payable within 90 days. Lien Reduction Hearing Case No. 18-0691 TAH 2017 2 Borrower LLC Property Address: 19 Peachtree Place Violation(s): As stated below Page 19 Page 922 of 949 The City of Boynton Beach COMMUNITY STANDARDS DIVISION 100 6 Ocean Ave. Boynton Beach,Florida 33435 (P)�561-742- 120 I(F)e 561--747-6336 www.boynton-beach.org January 19, 2022 DEITSCH SHALOM KORF SHALOM 7528 EAGLE POINT DR DELRAY BEACH FL 33446 3481 Re: Lien#09-3565 PCN # 08-43-45-07-21-009-9110 Gentlemen: Be advised the above referenced case involving the property located at 911 MEADOWS CIR., Boynton Beach, FL was presented for lien reduction on January 19, 2022. The Magistrate ruled that the fine associated with Code Case#09-3565 be reduced to$ 6,543.34 pending Commission review. A package of final orders is forwarded to each City Commissioner for their review. In accordance with Section 2-90(2), the applicant and the City Commission have seven days in which to review the Code Magistrate's decision. DO NOT SEND PAYMENT UNTIL FINAL LETTER 1S RECEIVED. Either party may request an additional review by the City Commission in compliance with Section 2-90 paragraph (3). If no request for review should occur within the seven days, the Magistrate's decision becomes final and the applicant will be notified in writing. Once payment is received, a request for release of lien will be forwarded to our Legal Department. Thank you for your assistance in bringing this case to its current status. if you have any questions, please contact me at 561-742-6120. Sincerely, Candice Stone Director of Community Standards America's Page 923 of 949 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 fine of$25 per day, plus administrative fees of$384.12. The property was last inspected on January 18, 2022, and the violation still exists. There are 60 days of noncompliance, and the fine continues to accrue at $25 per day. As of this date, the fine is $1,500 plus administrative fees of$384.12, for a total of$1,884.12. Ms. Zalman noted the property owner was not present. She agreed to certify the fine. Decision As no one was present to testify, Ms. Zalman certified the fine for $1,884.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-1871 Po Ying Sem Trust &Sem Po Yi Property Address: 1202 NW 7t" Court Po Sem, owner, was present. Officer Hart presented this case. The Special Magistrate Hearing date was October 27, 2021, and the respondent did appear. A compliance date was set for November 19, 2021, or a fine of $50 per day, plus administrative fees in the amount of$384.12. The property was last inspected on January 18, 2022, and the violations still exist. There are 60 days of noncompliance, and the fine continues to accrue at $50 per day. As of this date, the fine is $3,000 plus administrative fees in the amount of$384.12, for a total of$3,384.12. Ms. Zalman thought there was a tree stump, and the property manager was at the Hearing and said they would take care of it, and they have not. Officer Hart stated the tree stump must be removed or replaced by the same diameter tree. The property was recently mowed, so that is all that needs to be done. Ms. Zalman recommended every time one of these things is addressed, have the property manager or herself call the City and check to see if it is right to make sure the fines stop. She agrees with the City's recommendation and an Order will be issued. Decision Based on testimony, Ms. Zalman certified the fine of $3,384.12, which includes administrative fees of$384.12. Fine Certification Hearing Case No. 21-2242 Sem Po Ying Trust Page 15 Page 924 of 949 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Property Address: 140 NW 14th Avenue Officer Hart presented this case. The Special Magistrate Hearing date was October 20, 2021, and the Respondent did appear. A compliance date was set for November 19, 2021, or a fine of $500 per day, plus administrative fees of $384.12. The property was I ast inspected on January 18, 2022, and the violation still exists. There are 60 days of noncompliance, and the fine continues to accrue at$500 per day. As of this date, the fine is $30,000 plus $384.12 administrative fees, for a total of$30,384.12. Sem Po, owner, was present. In response to Ms. Zalman, Officer Hart stated the fine is due to work without permits. The Respondent still has not applied for permits. Ms. Zalman thought the Respondent brought a contractor or a manager to the last Hearing and they said they were going to address this, but they still have not fixed it. The Respondent stated they took her money, but they have not done anything. Officer Hart indicated that nothing has been done and the property is currently occupied. Ms. Zalman agrees with the City's recommendation and an Order will be issued. Decision Based on testimony, Ms. Zalman certified the fine for $30,384.12, is includes administrative fees of$384.12. NON-AGENDA Case No. 09-3565 Rabbi Shalom Korf Property Address: 911 Meadows Circle Violation(s): As stated for Code sections below Officer Pierre presented this case. The Notice of Violation date was November 12, 2009. The Special Magistrate Hearing date was January 20, 2010, and no one appeared. A compliance date was set for February 4, 2010, or a fine of$150 per day. The Respondent complied January 11, 2022. There are 4,358 days of noncompliance at$150 per day. The total fine is $653,700, plus administrative fees of$384.12 for a total of$654,334.12. The Respondent complied with the Lien Reduction process to move forward. Rabbi Shalom Korf, one of the owners, was present. Ms. Zalman commented this is a large lien and questioned how the property is currently being used and if it is up for I . Page 16 Page 925 of 949 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Rabbi Korf indicated his partner is managing the property; he is going to sell it. He was made aware of this issue about two days ago and was told a license was required to rent property. In response to Ms. Zalman, Rabbi Korf was not sure, but thought the property was under contract for sale. Ms. Zalman commented that Rabbi Korf might not be the best person to represent the case because he was not aware how much money was spent to bring the property into compliance and how much they are trying to sell it for. Rabbi Korf advised there is a mortgage on the property, but he did not know the sale price and thought they paid between $155,000 or$160,000 fort property. He thinks the value is about the same because they lost money. Ms. Zalman commented that the lien is well over the value oft property. Rabbi Korf reiterated it is somewhere in that range. The property was rented for a long time and unfortunately, the renter died int apartment. The renter did not have any family, so it made it difficult to clean out the place. Regarding the license, they should have been aware, but they were not. Ms. Zalman assumed his partner might have started working with a title company to put the property up for sale, they realized there was a lien, and the lien would block the sale, sot had to go through the process to clear the lien and get it reduced, so the property could be sold. This is an investment property, and the lien does not go away, this is just the reduction process. Even though the lien will be reduced, there will still be a lien that has to be cleared at or before closing. Rabbi Korf understood. Ms. Zalman questioned if Rabbi Korf and his partner have a suggestion they were hoping to reduce the lien to. Rabbi Korf stated the property is not worth the amount oft lien. He commented there may be unknown reasons why they did not know out this Ms. Zalman advised there had to be mailed Hearings and certified mail. Maybe because it was an investment property and there was a tenancy, the address was the tenancy. Her concern was they did not know the number needed to get the property sold because she does not know the balance oft mortgage. Rabbi Korf indicated he could message his partner. Page 17 Page 926 of 949 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Ms. Zalman commented that she would put this case on hold, so Rabbi Korf could message his partner to find out the amount of the mortgage and to find out if there is a contract for sale. In running the numbers, she noted going down to 75% is illi the $40,000 range. Officer Pierre recommended 10%. Rabbi Korf stated they had a contract with the Housing Department for Housing assistance. He questioned if they should have asked if they had a license from the City of Boynton Beach since they had the property for a while. Ms. Zalman could not answer that question. Once the City became aware of it,they issued a Notice to get the license and when ignored is when it starts accruing a daily fine. The City is recommending a 10% reduction, which would be $65,433.41. She suggested Rabbi Korf contact his partner and they will come back to this case later to do an Order. This case was recalled at 10:25 a.m. Rabbi Korf advised that he spoke with his partner who said there is an offer for $160,000, not a contract. He thinks they paid $155,000 for the property many years ago and there was a cost of $20,000 to clean up and help with a funeral. They paid 15% at the time of purchase and there is a mortgage. Ms. Zalman stated 15% is at least another$24,000 plus interest and then they went out of pocket for the tenant who passed away. There is no ill will, this was titntentional, but at the same time, the City incurred fees and costs. If the lien is not cured, the property cannot sell and that is not the goal. She recalculated using numbers provided and the money that was spent. If the reduced number is used with consideration oft deceased, the mortgage, and the value, that would bring the original number, is is around 5% of the lien, to $32,716.71. The City originally recommended $65,000. If the property were soI d as is, not knowing the exact amount of mortgage, she is not sure if they are over or under. Rabbi Korf commented they are under. It was a Home Equity Line of credit, so when they to out the loan the interest was 9%. Ms. Zalman mentioned she would take the lien to 3%, is is $19,630. Officer Pierre stated there is an offer for $160,000 and he questioned how much they wouI d like to pay. Rabbi Korf replied as little as possible because they are under water. He feels guilty saying it, but he offered $1,000. Officer Pierre suggested Rabbi Korf to pay $10,000 and they would be even. Page 18 Page 927 of 949 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Beach, Florida January 19, 2021 Rabbi Korf stated he would have to check with is partner before accepting the amount. Ms. Zalman placed this case on hold. This item was called back, and Rabbi Korf advised there is no way his partner can accept the offer. He questioned if there should be some protection before getting to this point. Officer Pierre stated they posted the property, sent letters tothem, they came back, and they posted the property. All the evidence is there that they tried to make contact. Ms.Zalman explained as a property owner,when a property is purchased, if there is going to be it from a tax authority or a City, the address should be changed with the Palm Beach Records Tax Appraiser, ort deed should be updated so it goes tot correct person. If the address is not updated, mail goes straight to the investment property. The City only has the address provided in public records, sot are doing everything possible to reach the property owner, but if the address is not changed, all they can do is send letters tot address provided in public records. Officer Pierre asked if they were taking the $10,000 offer or not. Rabbi Korf stated they do not have the money. He reiterated he would pay $1,000. In response to Ms. Zalman, Rabbi Korf stated his partner was okay with $1,000. He not they recently spent $20,000 on the property. Ms. Zalman commented even if they knocked the amount down tot next percentage, is is 1%, it would still be $6,543.34, which she would be inclined to order. Once the offer goes through and if it gets under contract prior tat 90 days, it could be in held by a it company. The lien does not have to be paid out of pocket tot City before the closing; it would be pulled from the seller proceeds. Otherwise, within 90 days the fine reverts tot full amount. The City is not trying to prevent the sale oft property in any way. An Order will be entered for$6,543.34. Decision Based on testimony, Ms. Zalman reduced the lien to $6,543.34, which includes administrative fees, payable within 90 days. Lien Reduction Hearing Case No. 18-0691 TAH 2017 2 Borrower LLC Property Address: 19 Peachtree Place Violation(s): As stated below Page 19 Page 928 of 949 Meeting Minutes Community Standards Special Magistrate Hearings Boynton Officer Pierre presentedi case. The Noticeof ViolationApril 6, 2018. The Special Magistrate Hearings 15, 2018, and no one appeared. compliance date was set for September 24, 2018, r a finer day. The Respondent lied on January 13, 2022. There are1,208 days of noncompliance r day. The total is $60,400, plusi i r i in tof . total lien i $61,034.12. lied with the Lien Reduction process move forward. Scalia,John is a realtor and was present on behalfr. He provided authorization . Zalman assumed the propertyis beingI and/or under contract. Scalia i is cross attached into several properties they arein to solve. He noted thisis a rental property. Zalman asked if they had to spendbring i into compliance the goal is the property. Mr. Scalia thought money was spent on one or two of the violations, but it was not to much. He stated they areof o keep the propertyrent it. They paidII the Business Tax Receipts up to date, r i ll the other two properties. Officer Pierre recommended 1 % of the lien. Zalman indicated 10%, is $6,040 plusi i r ti . Scalia if he could %. I %/® would be $4,228I i i r iv s, which is like % if she total.takes the She thinksis fir because it is really %. The Order will not be received right away. Mr. Scalia advisedi i r Guim and she will send an email to the title company tomorrow. Decision Based on testimony, I reduced lien to $4,862.12, is includes administrative fees, pal i i . Lien Reduction Hearing Case No. 18-1037 Cileus Faustin & Resilien J Page 20 Page 929 of 949 Sec. 2-84. Lien reduction procedure. The lien reduction procedure is applicable to a lien, which is in effect subsequent to the issuance of an affidavit of noncompliance, pursuant to section 2-70. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 04-042, § 1, 7-6-04) Sec. 2-85. Criteria for lien reduction. The following criteria must be complied with prior to a lien reduction hearing before the Code Compliance Board or Special Magistrate: (1) The property in question must be in total code compliance and an affidavit of compliance must be issued for the code compliance case that is being appealed. (2) The subject property must be free of all outstanding debts (including taxes) due the city. (3) An application fee of two hundred dollars ($200.00) must be included for the application to be processed. (4) This section does not apply to lien waivers or reductions sought in conjunction with redevelopment of commercial and residential properties pursuant to the provisions of Section 2-93 of this Chapter. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 04-042, § 1, 7- 6-04; Ord. No. 13-030, § 2, 11-5-13; Ord. No. 16-007, § 3, 4-5-16) Sec. 2-86. Application for lien reduction. The Code Compliance Administrator or his designee shall provide the application for a lien reduction hearing. The application will be included with the affidavit of compliance issued by the Code Compliance Division. A complete application must accompany each lien reduction request that is to be heard before the Board or Special Magistrate. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 04-042, § 1, 7-6-04; Ord. No. 13-030, § 2, 11- 5-13) Sec. 2-87. Application fee for lien reduction. A fee of two hundred dollars ($200.00) shall accompany the initial reduction application with a fee of fifty dollars ($50.00) for each additional lien recorded against the property. If all criteria for lien reduction are not met under section 2-3 , the applicant shall be reimbursed one-half the amount of the application fee. If after it has been determined that the criteria under section 2-85 have not been complied with and the application returned to the applicant, a new application and fee must be submitted for a lien reduction hearing. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 04-042, § 1, 7-6-04) Sec. 2-88. Lien reduction procedure. A party requesting a lien reduction must submit a complete lien reduction application to the Code Compliance Division of the Police Department upon receiving verification Page 930 of 949 that all conditions are complied with as stated in section 2-3 . The Code Compliance Administrator or designee will process the application and determine that all required criteria have been complied with under city ordinance, section 2-3 . If the applicant does not qualify for a hearing under section 2-3 , the party will be notified in writing of the reasons and refunded one-half of the application fees. If the reduction application is complete, the case will be placed on the next available Code Compliance Board or Special Magistrate Lien Reduction Agenda. The appealing party will be notified in writing of the scheduled date of the hearing at least five (5) days prior to the hearing date. If the matter is heard by a board, a quorum must be present for the Board to hear a lien reduction and a majority of the entire Board must vote in the affirmative for a lien to be reduced or waived. The Code Compliance Administrator shall submit the Board or Special Magistrate's Lien Reduction Order to the city clerk, legal department and the city manager. The Code Compliance Administrator or his/her designee shall notify the applicant in writing of the Lien Modification Order within seven (7) days following the entry of the order and of the date of the next City Commission meeting when the Commission shall hear the Board or Special Magistrate's recommendation if required. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 04-042, § 1, 7- 6-04; Ord. No. 13-030, § 2, 11-5-13) Sec. 2-89. Conduct of hearing for lien modification. The Code Compliance Board or Special Magistrate at a lien modification hearing shall make one of the following determinations: The lien shall be waived in full, reduced to a specified amount or shall be upheld in full. The Board or Special Magistrate shall hear all the facts regarding the specific code or codes the appealing party was in violation of, the date of the original hearing, the date the affidavit of noncompliance was issued, the date the affidavit of compliance was issued, the current lien amount and all pertinent information relating to the specific case, prior to making a determination and order. The lien modification hearing shall not be a hearing de novo of the original case. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 04-042, § 1, 7- 6-04; Ord. No. 13-030, § 2, 11-5-13) Sec. 2-90. Final orders issued in lien modification hearings. Final orders shall be issued in lien modification hearings in accordance with the following procedure: (1) The Code Compliance Board or Special Magistrate shall issue its order in lien modification hearings in writing in a form approved by the City Attorney. Immediately following rendition of lien modification order, the City Clerk shall furnish a copy of the order along with minutes of the hearing to the City Commission. (2) Lien modification order issued by the Code Compliance Board or Special Magistrate shall be final unless an aggrieved party takes exception to the final order within seven (7) days of rendition of the order or a City Commissioner takes exception to the final order within seven (7) says of rendition of the order. Page 931 of 949 (3) The Commission or an aggrieved party may request a review of an order by notifying the City Manager or his/her designee of the intent to do so. If review of an order is requested, the City Commission shall review the order within thirty (30) days of the request for review. On review, the City Commission may hear the position of the property owner, a Code Compliance Board representative, or may rely upon the minutes of the proceeding regarding the propriety of the lien modification. (4) The City Commission shall make one of the following rulings: a. Affirm the final order in full. b. Modify the final order. (5) The Commission shall direct the administration to take action consistent with the acceptance, rejection, or modification of the order. (6) The property owner shall be advised that in the event the property owner does not comply with the Code Compliance Board or Special Magistrate order, as approved or modified by the City Commission, within ninety (90) days of the Commission's action, then the Lien Reduction Order shall be of no further force or effect, and the original lien shall remain on the property. No extensions of the ninety-(90) day period shall be permitted, and no further action by the Code Compliance Board, the Special Magistrate, or the City Commission shall be permitted regarding lien reduction. (Ord. No. 90-13, § 15, 6-19-90; Ord. No. 97-51, § 1, 11-18-97; Ord. No. 01-07, § 2, 1- 16-01; Ord. No. 04-042, § 1, 7-6-04; Ord. No. 13-030, § 2, 11-5-13) Page 932 of 949 12.B. Legal 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Approval of request from the City Attorney for private attorney-client session of the City Commission pursuant to Section 286.011(8), Florida Statutes, to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant — Palm Beach County Circuit Court Case Number: 50- 2020CA012780-XXXX-M B Explanation of Request: In attendance will be the City Attorney James Cherof, Assistant City Attorney Donald J. Doody, Assistant City Attorney Gal Betesh, Special Litigation Counsel Thomas Baird and Joanne O'Connor, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Some participants may attend telephonically or by communications media technology (CMT). We will need approximately 90 minutes. The time and date of this private attorney-client session will be set by the City Commission at the April 5, 2022 City Commission meeting. How will this affect city programs or services? n/a Fiscal Impact: The Cost of a Court Reporter which is budgeted. Alternatives: None. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 933 of 949 Type Description Merno Memo requesting closed door session on J KNA litigation Page 934 of 949 CITY OF BOYNTON BEACH City Attorney's Office MEMORANDUM TO: Honorable Mayor and City Commission Lori LaVerriere, City Manager FROM: James A. Cherof, City Attorney DATE: March 31, 2022 RE: Request for Private Attorney-Client Session Pursuant to Section 286.011(8), Florida Statutes, I am requesting a private attorney-client session of the City Commission to discuss pending litigation in the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC., Defendant— Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB In attendance will be the City Attorney James Cherof, Assistant City Attorney Donald J. Doody, Assistant City Attorney Gal Betesh, Special Litigation Counsel Thomas Baird and Joanne O'Connor, City Manager Lori LaVerriere, a Court Reporter, the Mayor and City Commission. Some participants may attend telephonically or by communications media technology (CMT). We will need approximately 90 minutes. The time and date of this private attorney-client session will be set by the City Commission at the April 5, 2022 City Commission meeting. C:\Program Files(X86)\Neevia.Com\Docconverterpro\Temp\NVDC\FD040A21-9B91-4B00-AE 13-15DE52443B00\Boynton Beach.32590.1.Request For Ex session-_(.IKM)_(04052022).Docx Page 935 of 949 13.A. Future Agenda Items 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Consider Draft Ordinance Creating a Citizen's Engagement Committee- May 3, 2022 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 936 of 949 13.B. Future Agenda Items 4/5/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 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. Address or Legal PBC Property Property Property Control Number Description Appraiser Assessed Zoning Value 29-45-43, E 330.70 FT OF W LY 660.16 FT OF SLY 672.12 FT OF NLY 1252.12 1 08-43-45-29-00-000-1040 FT(LESS N 499.34 FT OF $271,500 R1 AA- Single E 126.90 FT) OF TH PT Family 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 of intent. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 937 of 949 Is this a grant? Grant Amount: Attachments: Type Description D Exhibit Letter,of Intent(Exhibit"A") D Location Map Location Map D Attachment Property Detail D Exhibit Sample Municipal Disposition Code Language(Exhibit"B") Page 938 of 949 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 0843-45-29-00-000-1040 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 939 of 949 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 Survey Seller Title Search Seller Title Insurance Commitment and Policy Seller Documentary Stamps and Surtax Seller Inspection Costs Buyer Attorneys' Fees Each pays Own Hazardous Waste Studies Buyer as to Phase I Seiler 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 .7 Si 7 9/, ACCEPTED AND AGREED TO: By Print name: Title: Dated: Page 940 of 949 7119/2021 hftps:f/www.pbrgay.org/papa/AspsIPropertyDetaiI/PrinterfriendIyPropertyPrint.aspx?parcel=08434529000001040 Property Detail, l .1-1-1-....'---"'-- __ ------------ ......... –_— –--------------------- ------- 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 WILY 660.16 FT OF SLY 672.12 FT OF NLY 12 52.12 FT (LESS N 499.34 FT or E 126.90 M OF TH PT OF NE 1/4 LYG S OF SIR 804 ...Owner Information.... ....................... ............ .W. W.._.-.-_..___—-------------------------- ------------- Mailing address Owners PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 ........................... .................. --- ----- .................. ;Sales Information--.-....- ...........- ....... Sales Date Price OR Book/Page Sale Type Owner NOV-1990 $100 06652 /01315 WARRANTY DEED ------------- ----------- --------- .............. �Exemption Information ........ Applicant/Owner Year Detail 2021 ........... ........ 1-1-1-..................... ............... ,Property Information-.._ __ -... ..... w _.. ............... ................. Number of Units *Total Square Feet 0 Acres 3.62 Use Code 8900-MUNICIPAL Zoning RI AA- R1 AA SINGLE FAMILY, 5.5 DU/AC(08-BOYNTON BEACH :Appraisals ------ Tax Year 2020 2019 2018 Improvement Value $0 $0 Land Value $271,500 3271,500 $271,500 Total Market Value $271,500 S271,500 $271,500 All values are as orianuary Ist each year .......... ... ................................ ... .................. ...................... ... ...... Assessed and Taxable Values .................. Tax Year 2020 2019 2018 Assessed Value $271,SOO $271,500 5271,500 Exemption Amount S271,500 $271,500 $271,500 Taxable Value $0W -------- Tax Year -------- 2020 2019 2018 Ad Valorem $0 $0 $O! Non Ad Valorem $0 $0 $0: Total tax $0 $0 Dorothy Jacks, CFA,AAS PALM REACH COUNTY PROPERTY APPRAISER www.pbcgov.org/PAPA Page 941 of 949 �� '� j}�71�� Qt 1��i� c� � !,t� ��•1!#'fi{ �n � Jul;"'7�y ,,i;-7 I� ��1�{�,, ( y 1� i ,12,10 X75 (, S(pAWiS y f, 4 7 ti4t i s" tk d , , , y i R,41 , l r D r A o MIN Dw „ � t j x� ' t Y � r l� WARM- ce Pr 5 i � t tti "� 942 of 949 PAPA Banner Location Address 1 unicipality BOYNTON BEACH Parcel i `onntnl Nunnr 08-43-45-29-00-000-1040 SulAivisionn Official Records Book 06652 Page 1315 Sale Dat;c NOV-1990 29-45-43,E 330.70 FT OF WLY 660.16 FT OF SLY 672.12 FT Legal Description 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 Xlaailinng addre s A-mers PO BOX 310 BOYNTON BEACH CITY OF BOYNTON BEACH FL 33425 0310 Sales Dalle Pricy' OR Book/Page Sale'T ,, A-v ner NOV-1990 $100 06652/01315 WARRANTY DEED f;xcaptloan Aliment;/ "neer 'Year Detail BOYNTON BEACH CITY OF 2021 FULL MUNICIPAL GOVERNMENT I'tnt;al Nunbe of U nits 0 S .r�b-' o eel,0 Acres 3.62 8900- R1AA-R1AA SINGLEFAMILY,5.5 DU/AC Use lon MUNICIPALnnn (08-BOYNTON BEACH) 'Tax'Year 2020 2019 2018, hipmvern notValue $0 $0 $0 Land Value $271,500 $271,500 $271,500 'Total Xlarlset,Value $271,500 $271,500 $271,500 All values are as of January 1 st each year 'Tax'Year 2020 2019 2018 Assessed Value $271,500 $271,500 $271,500 Ex:captio Annsauot; $271,500 $271,500 $271,500 'Taxable Value $0 $0 $0 'Tax'Year 2020 2019 2018 Ad Valorern $0 $0 $0 Non Ad Valorern $0 $0 $0 'Total tax $0 $0 $0 Page 943 of 949 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. 100460579.1306-90018211 Page 944 of 949 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. 3. 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 ii. 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. 100460579.1306-90018211 Page 945 of 949 13.C. Future Agenda Items 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Discuss Building Safety Inspection Program. Thus far, the State Legislature has not moved statewide legislation forward. -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 946 of 949 13.D. Future Agenda Items 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Discuss Renaming Demonstration Garden Park- 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 947 of 949 13.E. Future Agenda Items 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Possible Land Swap with St. Mark's Catholic Church - 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 948 of 949 13.F. Future Agenda Items 4/5/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/5/2022 Requested Action by Commission: Proposed Ordinance No. 21-025 First Reading. Approve DevelopmentAgreement Ordinance. (Tabled from the September 21, 2021 City Commission Meeting.) - 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 949 of 949