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Agenda 04-19-22 The City of Boynton Beach City Commission Agenda Tuesday, April 19, 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 Angela Cruz (District 11) Commissioner Woodrow L. Hay (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 479 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 479 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 479 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Rabbi Michael Simon, Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Make an appointment to fill the vacancy existing in District IV. B. If selected, administer the Oath of Office to Commissioner of District IV. C. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Announcement by City Manager Lori LaVerriere recognizing the City of Boynton Beach Utilities Department for winning 2nd place for the Florida Section American Water Works Association (FSAW WA) Region 6 Best Tasting Drinking Water. B. A Public Input Meeting to discuss design elements for Eco Park is scheduled for Wednesday, April 20, 2022 at 5:30 p.m. in the City Commission Chambers. Attendees can also participate virtually by registering for the meeting on the City's website. C. Announcement by Sustainability Coordinator Rebecca Harvey regarding the Earth Day Celebration and Tree Giveaway on Saturday, April 23, 2022. D. Proclaim Friday, April 29, 2022 as Arbor Day. Lori Wolff, Joan Grace and Toni Cvetko of the Boynton Beach Garden Club and Rebecca Harvey, Boynton Beach Sustainability Coordinator will accept the Proclamation. E. Commissioner Hay requested a citation celebrating the life of Mrs. Queen Esther McClendon. 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. Ratify the selection of Dr. Valerie Valcourt as the Chair and Dr. Stephanie Hayden-Adeyemo as the Vice Chair of the Education & Youth Advisory Board. B. Ratify the selection of Julie Mondello as the Chair and Betty Pierce-Roe as the Vice Chair of the Recreation & Parks Advisory Board. C. Ratify the selection of Kelli Drum as the Chair and Ace Tilton Ratcliff as Vice-Chair of the Art Advisory Board. D. Annual appointment and reappointment of eligible members of the community to serve in vacant positions on City advisory boards. Page 4 of 479 E. Proposed Resolution No. R22-047-Appoint a City Commission representative and alternate to the Countywide Intergovernmental Coordination Program. (Tabled from the April 5, 2022 City Commission Meeting.) F. Proposed Resolution No. R22-048-Appoint a City Commission representative and alternate to the Coalition of Boynton West Residents Association (COBW RA). (Tabled from the April 5, 2022 City Commission Meeting.) G. Proposed Resolution No. R22-049-Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. (Tabled from the April 5, 2022 City Commission Meeting.) H. 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). (Tabled from the April 5, 2022 City Commission Meeting.) 1. Staff is requesting to schedule an informational American Rescue Plan Act (ARPA) and Spending Framework Workshop with the City Commission on Tuesday, May 17, 2022 from 3-5 p.m. J. Staff is requesting City Commission approval to remove the below item from the agenda: 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.) K. FY 2022/2023 budget workshops are scheduled to be held July 11-13, 2022 in the Police Department Community Room, 2100 High Ridge Road. Following last year's format and schedule we offer the following: Monday, July 11, 2022: Beginning at 5:30pm Tuesday, July 12, 2022: Beginning at 10:00 am Wednesday, July 13, 2022: Beginning at 2:00 pm (if needed) The City Commission will also consider and adopt a Preliminary Fire Assessment Rate Resolution and a Tentative Millage Rate Resolution at these Workshops. 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 Piggy-back of the State of Florida Alternate Contract#43211500-W SCA-15-ACS for the purchase of Dell workstations, Monitors, and accessories from Dell Marketing LP of Round Rock, TX in an amount not to exceed $64,786.49. B. Proposed Resolution No. R22-059-Approve and authorize the City Manager to sign a Contract with the list of the top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Cured-In-Place Pipe Lining (CIPP), RFQ No. UTL22-013, as pre-qualified Contractors with the skills, experience and requisite products needed to successfully perform Cured-In-Place Pipe Lining. C. Approve the purchase of one (1) replacement Thompson Pump that was approved in the FY21-22 budget for an estimated amount of $60,035.00 by utilizing the following contract: Florida Sheriffs Association, FSA20-EQU18.0. D. 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 19, 2022 - "Request for Extensions and/or Piggybacks." Page 5 of 479 E. Legal Expenses - February 2022 - information at the request of the City Commission. No action required. F. Approve minutes from the April 5, 2022 City Commission meeting. 7. Consent Bids And Purchases Over$100,000 A. Approve the one-year extension for RFPs/Bids and/ or piggy-backs for the procurement of services and/or commodities over $100,000 as described in the written report for April 19, 2022 - "Request for Extensions and/or Piggybacks." B. Approve an increase to the GovermentJobs.com d/b/a NEOGOV for a total amount not to exceed $110,000.00 for the City's HR Software which supports the organization through the entire employee lifecycle, automating applicant tracking, onboarding, training, performance, form and policy management, and a GovernmentJobs.com subscription. 8. Public Hearina 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. A. Proposed Ordinance 22-012 - Second 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, each time after the US Census is completed. 9. City Manager's Report A. The City Manager will provide a status update on the City Commission's request for the City to solicit a proposal from the Palm Beach County Sheriff's Office for a potential merger. B. City staff to provide presentation on the Performance Management Transparency portal on the City's website. 10. Unfinished Business - None 11. New Business A. Approve request for Master Plan Modification (MPMD 22-001) for Shalimar at Boynton Beach to establish project density and intensity, maximum building heights, land use distribution, and vehicle pedestrian circulation design. Applicant: Rene Gutierrez, TM Residential LLC. Approve request for New Major Site Plan (NWSP 22-001) for Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. Applicant: Rene Gutierrez, TM Residential LLC. 12. Legal A. Proposed Resolution R22-060- Approve the revised American Rescue Plan Act (ARPA) Subrecipient Agreement between the City of Boynton Beach and Wells Landing Apartments, LLC., in the amount of $500,000.00 of ARPA funds for the affordable housing development's increased construction costs due to the COVI D-19 public health emergency. Proposed Resolution R22-061 - Approve and authorize the Mayor to sign the Consent and Funding Agreement from the Lender, T.D. Bank, for the Wells Landing Apartments, LLC. affordable housing project and all documents necessary to effectuate this transaction. Page 6 of 479 13. Future Agenda Items - None 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(TT i)1-800-955-8771,at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication ofthe agenda on the city's web site.Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office ofthe City Clerk Page 7 of 479 1.A. Opening Items 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Call to Order- Mayor Ty Penserga Roll Call Invocation by Rabbi Michael Simon, Temple Beth Kodesh Pledge of Allegiance to the Flag led by Commissioner Thomas Turkin 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: Is this a grant? Grant Amount: Attachments: Page 8 of 479 2.A. Other 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Make an appointment to fill the vacancy existing in District IV. Explanation of Request: At the April 5, 2022 City Commission meeting, the Commission announced a vacancy in District IV and agreed to accept applications to fill the vacancy until Noon on April 12, 2022. Five letters of interest and applications were received by the City Clerk and are attached. 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 Kelley, Aimee Attachment IVAaharajh, Fick Attachment Ramiccio, Thomas Attachment Roberts, Christine Attachment Sugerman, Dale S, Page 9 of 479 RECEM t 4Lz'�' APR 112022 Aime�� Kelley CRY OF BOYNTON BEACH CfTy'C April 11, 2022 Mayor and City Commissl0liefs, ('ity of Boynton Beach 100 E. Ocean Avenue Boynton Beach. Fl, 13435 Dear I-Ionorahle Mayor and Cit) Com"ussionus. Attached is rilyapplicatiorr for consideration for the appointment cif Boynton Beach City Corm-nissioner, District 4. 1 have been previously appointed to serve as Commissioner ol"District 4 back in Novernber of 2018, Both my past experience servmgin this seat and nny undustanding of local iSSUes, gives,arica Significant advantage over other applicants, During my time as District 4 Corn'rrussioner., I faithfully and honestly served Boynton Bcach by listening and working to addirm, Imporiant issues in our community, Since my time as comnllssiotier,I have continued to serve in othur capacities. In DecC`111110T 2019,1 was appointed by the. Board of Courity CommCo ,issioaers to the Advisory riuan nission Wrn omen, where I I P cutre.ritly Serve as an active Roard Member. When a position Opened LIP last year on the CRA Advisory Board, I applied and was ulfirn,ately appolated to that board by the Boynton Beach City,Commission. As a paralegal, I 'work hard every day advocating for the rights of injured persons cusuring they are treatffl properly by insurance companies and other corporations. My work has contiibuted to my desire to be an advocate for Boynton Beach residcnts and to help improve our city for ex cryone. Thank you Itar your consideration. Sincercly, .�rmee Kelley Page 10 of 479 1-4 —CITY OF- 1 BOYNTON City of Boynton Beach: Advisory Board Appointment Application 'Th a nk yr,.xf forycjur inke,e:�,� m so,rV cin WlE C"r-,nc Zity s A uvis,—/Bcards j" kor lak ni"the u-ne to I'll Oix fonm If ins ifucdons af e nor foil owed a"r t'"ie a PI-'I{'adon j-, -ot Fi I e'd crul.§n v"entire -V'I I�e fai!'n vvi It lie returnpol 'or clarification, EMAIL M-SCLA:MER. Vlte,4se be adv',ed tror,,u, -die Flur ldo loo, c,in a i I std J!ei>,,es a e piblic records if yoiu d,,,, not w,,nf,your e, i))ajl ac 6tess releac ed if-! -espQl,se W a PL&j9CA'p(:O0.',1s requcsr,do rot s-rid C.ectronic histead,w rnitrrr.4 dw(1-ity of FSC.yn to ri Bea ch offices bypnone of j I I cv of BoymonBeach�City Oer K";VfICL,CitV Hail,100 E,'CxCaPl AVe,,boyn to-, l3c,,'Ach, r, M.aihns addrm��: Box f.', Boynton Beach,FL 3Z3L�35-0310 S Phone: ,5r.1 742-C")6(', Ozy Clerk MY:f5G1]74-2-(.-X9O Todays date (Y'/1 11 QG.1'2 Name' Ainnep Kelley Phone number Address et'ec 9 P !Fie 2 Current occupatloo or,It retired, prior"Cupation Education Are you a registered voter? 0 'Vos N0 Do y,�w reside wtihin the Boyrilon 0 Yes Nu Reach City finflis, Do you own manage a business Yes NC within Oty 10in Its? f yes .41"Airlo.C"' Are you currently serving or.a City 0 Yes TAO board? Have you served on a City board In 0 Yes Nu the past? C(ynniis!�lci D ,Jr rj 4-',,overnbei'201 LA CRA Advix',',ry rsii,,rd,',%'lic ti l W rx-ser-q Page 11 of 479 mave you ever screen convtcrea or a yes 0 NO crime? Advisory Board W-00 Plrrase unci,.Ze whtc,-)adviscry board ru ary lf'k�kinl aIppoirujrww, If appointed by the City Yes Nc Commission to serve as Board Chair or Vice Chow are you willing to serve in this capacity? `.o, -,oard 1;-.tinc, and mecl,,.-9 Lrres zt-,d W ate:,;, �_ ik yj, Perwnal Qualifications rvw,jsly'e"'Ved ",Pku I 17ily ,vr lo-(l I'i,),,)Noor,,—ndipi,2018 19, �Aai,b) WK,.t personal do you 6"Co?ly Ferve c-n?hc C',Adv --,,i,y..card r t;,,t C ry- �i r,,, 1rc. d' rof, E,2ci hosw,,�S prcless*n,oreviow unty Ado ec,N Corn,rr;,v 5 i ;Ii n c cr. expc,tr;e,)u,biandafm,Wary wrvEce or organizw�on),-0.ich you fccr�vvrulu You a gootl u"Or.6-dar'-,k,,,th,,� boaro,picaw br,,sPNA'- Profes,lonal Memberships neasgb 11M a'ly prrrf`655 ona, Feel free to attachlupluad in extra short or resume„ C ho*ie files or o rap,neve YoLjr comptoted:AdRS 0 ry Boji d Apotl if',onent appir U16 o 1)vycll be at to ffie City's,Talei ur Bar i k,it f3u,to which Corrun�i,si o nr rr n%ay vurn for unnddate,i,when board opts r--'rips ccrur, certinciation 0 ,the oppjrcanj,hereby certify tbak tine 5ta,,qqrents ar-Ai axjswujsi DRov,00d her eir,art vVe and a(curate.I 'Rmocrrse rt"iret �nde-s,uond that,if appointed,any Wkse sQ'�emena may be Cati5e for rerpovil`,orn a Loard 1,the appitcant,DO NOT cwify Thai the stateme is and answe€-,p,cyvir3e,d heregn are true,and accuratjL Page 12 of 479 t Ifi c Meet Aimee «- ----- A resident of Boynton Beach for the last 17 years, Aimee Kelley has long record of service to the city.. In 2018, she was appointed to the Boynton Beach City Commission to fill an empty seat and in lys;i2019, she left the City Commission: after her term expired. ,ince her time on the Commission,, Aimee Kelley has remained involved with her city— attending City Commission meetings,. CRA meetings, and keeping her relationships at city hall. In December of 2919, The Board of County Commissioners appointed Aimee to the Advisory Commission on Women as a Board Member and reappointed her to September 2029, Aimee also actively serves as a Board Member for the Boynton Read Community Redevelopment Agency Advisory Board 9R, B) and was selected to attend the Florida Redevelopment Association (FRA) 9onfetence in Fort Myers gra 2021. Happily harried to her husband Michael with two children, ages 13 and 9, Aimee Kelley has an Associate's Degree in Paralegal Studies and has worked in the legal field for over 22 years. For the last five years, she has worked as a litigation paralegal for the firm teinger, Green & Feiner, advocating for iniored persons° Her work as a paralegal has contributed to her desire 4o advocate for residents and work to keep Boynton Beach a city for everyone. 'i Page 13 of 479 RESIDENCY REQUIREMENTS 1, 1 mt�e, k�A�e--L\; ndidatefor �Prhit Name) ca, 0 1 —10 f tiec c ity (May(u-10mum issioner--Distrid 4) of Boyn ton Beach, have received, read and vinderstand the residenev requirements of.Article 11 of the Charter of the it ,>- of Boy OEI" eki z il)nae) Page 14 of 479 Rick Maharajh 1018 Arezzo Cir RECEIVED Boynton Beach, FL 33436 APR 12 2022 rickm@bellsouth.net 561-523-9405 CITY OF BOYNTON BEACH CITY CLERK'S OFFICE 4-12-22 City Commission City of Boynton Beach, FL Dear City Commission, I am submitting my application asking for your consideration and endorsement for Commissioner District 4 City of Boynton Beach. Attached, please find the supporting documents. I believe I am the ideal candidate for this job as I bring a long track record of real-life experience from SBE to Corporate Enterprise Entities. Mostly I have been involved with our city for many years: 20 Plus Year Resident Local Business Owner Past CRA Advisory Board Member Past Chairman of Ambassadors Boynton Beach Chamber Florida Association Code Enforcement Member Community Emergency Response Team Founded Boynton Beach Professionals driving$500k within Boynton Beach Experienced P&L/ M&A/ ISO/ Executive Represented and promoted our city at CRA Conferences, City Events, Attended many in person Commission Meetings. Understands and adheres to Sunshine Law, Commission Government Procedures, Palm Beach County Code of ethics. I thank you in advance for you consideration and the opportunity to serving our city with you Sincerely, Rick Maharajh ._ Page 15 of 479 Advisory Board Appointment Application 4/12p2, a:n xm RECEWD ^ = �O�� '� � �'�°�� ° ~�~ CITY ,� F~�� 0��^�� Y OF BEACH 0�.V�� TN TOM CITY --''~'"w Ir 13 �� LERKS -� . .~� (-'tV of B[)VDtDn Beach: 4dV'sC}rV Board AUp{}iDf81eDt 4OO|'[af'On Thankyou foryour interest in servingon one ofthe City'sAdvisory Boards and for taking the time to fill outthisform, If ` instructions are notfo||owedorthe application isnotfiUmd out inits enbretythefornnvvi|| bereturned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-rnail zddresses are public records. Ifyou do notwantyoijr e- mail address released in response to a public-records request' do not send electronic mail. Instead, contact the City of Boynton Beach offices by phone or-in writing: City of Boynton 132ach, City Clerk's Office, City Hall, 100 E. Ocean Axe, Boynton Beach, FL33435' Mailing address: PD. Box 318' Boynton Beach, FL33435-U310 | Phone:(561)742-6O5O | City Clerk FAX�(5G1)742'6O9O ° -- - - - Today's date 04K12/2022 ' Name- Rich Mahan4h - - -- - - Phone number 561 5239405 � _ Address 1018mrezuoOr Street Address L!ne 2 Boynton Beach FL ^ _ 33436 [cunuy - Email MckmuabcUsoud`.n"t Current occupation or,if retired, President RML � prior' occupation— - - Education . College _ Are you aregistered voter? [lYes No Do you residewithin the Boynton 0 Yes No Beach City limits? ^ xupyY/m,m.1cornrmbvnum,.com/suue14/auv/,orv'uoa,u-uppomtmanl-appon000n Page of Page 16Of479 Advisory Board Appointment Application 4/12/22, 6:11 AM Do you own/manage a business 0 Yes No within City limits? RM Logitech Inc Are you currently serving on a City Yes 0 No board? Have you served on a City board in 0 Yes No the past? CRA Advisory Board 2016-2019 Have you ever been convicted of a Yes Q No crime? If"yes",when and where? r, Advisory Board please select... Please indicate which advisory board you are seeking appointment. If appointed by the City 0 Yes No Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity?" For board listing, requirements, responsibilities and meeting times and dates, please visit AdviSary Boards web pages. https://form.123formbuilder.com/583214/advisory-board-appointment-application Page 2 of 3 Page 17 of 479 Advisory Board Appointment Application 4/12122, 6:11 AM _ Personal Qualifications 2OPlus Year Resident What personal qualifications uoyou Local Business Owner possess(|e profession,previous Past CRA Advisory Board Member experience,branch ormilitary service Past Chairman ofAmbassadorsBoynton Beach Chamber xm o,o�pn|zauon>� /c»youfeel would Florida Association Code Enforcement Member � make you agood candidate for this Community— Emergency Re-'---T—'^oam?p|ea,eu*specmc | Founded Boynton Beach Professionals driving$5OOkwi,hinBuyntonBeach i | Experienced P&L/M&A/ISO/Executive Represented and promoted our city at CRA Conferences,City Events,Attended many in person Commission Meetings. Understands and adheres to Sunshine Law,Comm'ssion Government Procedures,Palm Beach County Code o[ethics. / | ' ! Professional Memberships Florida Association[odeEnforcementMember ' Please list any professional Community Emergency Response Team memberships, Founded Boynton Beach Professionals driving¢50Okwithin Boynton Beach | || � - Feel free tvattach/upload onextra | sheet v,resume. Choose files or drag here | / — - YourcompleteuAdvunn/euardAppuinm.ent application will be added to t;to City'5 Talent Pank,i file to which Commissioners may turn for candidates when board openings occur. Certification' | the hereby | �� . . � *Response required understand that,ifappointed any false statements may because for removal from aboard. ` 1,the applicant,DO NOT certify that the statements and answers provided herein are true and accurate. xnno;8m,m.1eam,muunuomom/snax1^Vau,/sury'board'annvmtmen+anpncanun Page yo,u Page 18Of479 RESIDENCY REQUIREMENTS RECEIVED APR 12-2022 CITY OF BOYNTON BEACH CITY CLERK'S OFFICE candidate for (Print Name) -5;j o A/'ftA-- — T44-C r- 1+ of the city (Mayor/Commissioner— District #) of Boynton Beach, have received read and understand the residency requirements of Article Il of the Charter of the City of Boynton Beach. A (Signature of Candidate) 12- - 2 Z- (Date) Page 19 of 479 _111. ..... ........... 1111...........1-111-1-1 _........... ......... ........... Rick Maharajh P.E. Boynton Beach,Florida C:561-523-940510:954-545-55851 F:561-962-0947 1 E:rick(i�lrinlogitech.corn Executive Management&Business Development I Technical Support I Operations&Logistics Leadership,that effectively promotes top and bottom-line growth,collaboration,partnerships,and sustainability Ability to use interpersonal strengths,while building relationships with elected and appointed officials,executive management,stakeholders, advisory committees,and community groups.Skilled in influencing others that affects exceptional organizational outcomes. PROFESSIONAL PROFILE RM Logitech Inc., Boynton Beach,FL 08/10-Present:President Responsible for company's operations:strategic planning,sales,marketing,technical support,finance,manufacturing and distribution,vendor relations,contract negotiations,gross margin,EBITDA,working capital,Risk Management Implemented Nationwide:Onsite Service and Recycling Program I Phone and Online Tech Support Customized Product Options:OEM&Remanufactured Ex I Aftermarket and Compatible Solutions RECEIVED Formed 25+Authorized Vendor Partnerships added to the portfolio Ricoh USA,Inc.,West Palm Beach,FL 01113-04/16; Business and Technology Consultant APR 12 2022 Design and implement information technology workilows.Hardware,software and IT solutions Achieved 336%hardware and 150%IT Services over quota, CITY OF BOYNTON BEACH Co-Chairman-Corporate Social Responsibility,United Way and Diversity Counsel CITY CLEWS OFFICE TMR Parts Corp,Sarasota,FL 02/11-08/12:Co-Founder Manufacturer of service parts and supplies for office imaging equipment Championed vendor sourcing,Technical Department along with lean manufacturing 5S and distribution Al Printer Repairs and Supplies Inc, Ft Lauderdale,FL 08/09-08/10: Vice President-Managing Partner LaserJet Printers-Service provider Expanded service area from the Palm Beaches to Miami,increased customer base by 80% Increased top line sales along with gross margin by 60% Re-located company to new effective facility-significantly improved productivity and working conditions with no increase to the cost structure Parts Now LLC,Ft Lauderdale,FL I-Madison,W1 12/07-06/09: East Coast Director Hewlett-Packard Global Computer Hardware Distributor Founded Key Account Executive prograrn,Merger&Acquisition Executive Managed$4M book including,$1 00k+annualized clients at a C-Level relationship Executed strategic initiatives internationally.realizing a 30%+growth in Latin America Managed relationship with both existing and potential partnerships and vendors,reported directly to senior staff Tier I Gross Profit generated throughout organization$600,000.00+annually Managed daily operations of South Eastern Division,which included 20+member business unit$36M-32%GP Lead ISO 9001:2000 Quality Management Standard Implementation Team 12/05-12/07:Major Account Representative Key Contributor to the development of internal Sales Training Program Companywide using sales metrics 11/02-12/05:Sales Executive/Team Leader Sales Executive"Top Performer of the Year"awarded 2002&2003 12/96-11/02:Account Representative Multiple"Sales Executive of the Month Awarded 12/95-12/96: Electro-Mechanical Technician Lead Proprietary R&D Team-industry Solutions Precision Micro Service of America,Deer Park,NY 12/93- 12/95;Technical Service Manager Image Data Conversion,Westbury,NY 06/91 - 12/93:Senior Field Engineer LMG International,Brooklyn,NY 12/89-05/91:Technical Representative NYC Dept Housing Authority,New York,NY 01/88-12/89:Internship Computer Technician EDUCATION-PROFESSIONAL DEVELOPMENT-BUSINESS&TECHNICAL KNOWLEDGE 0 B.S.Aviation Technology Engineer lic# 1307291 FAA USDOT 1996 9 Ricoh Digital Imaging Services,Integrated Cloud Environment Certified,0 1/13-05/16 0 University of Phoenix, Business Administration 0 Florida Atlantic University,Executive Marketing Management,Mar 2008 0 Impact Performance Group,Wellesley,MA High Performance Sales,Jan 2005 0 Zig Ziglar Corporate Sales Training Solutions, West Palm Beach,FL, 1997 0 Communispond,New York,NY,Socratic Sales and Marketing, 1994 6 Mekel Engineering,Micrographics Digitization,Newport,CA Feb 1990 9 CAP,US Air Force Auxiliary,NYC Wing-Airman First Class Cadet, 1988-1990 0 Aviation HS,JROTC Drill-Team Cadet Major,LTC NY 1986-1990 0 City of Boynton Beach CRA Advisory Boa rd Member 2016-2019 0 Boynton Beach Chamber of Commerce-Chairman of Ambassadors 2016-April 2019 0 Founder Boynton Beach Professionals 2017-Ongoing 0 Candidate for Commissioner Boynton Beach District 4 March 2019 0 Palm Beach County C.E.R.T.(Community Emergency Response Team)March 2018-Ongoing -------—----- ---------- Page 20 of 479 Thomas " Tom" Ramiccio 4065 Trovita Blvd Boynton Beach, Fla. 33436 Honorable Mayor Ty Penserga Vice Mayor Angela Cruz :_" z Commissioner Woodrow Hay Commissioner Thomas Turkins April 6, 2022 Good morning Honorable Mayor&Commissioners, Please accept this as my official "letter of interest "to serve the residents of District 4 on the Boynton Beach City Commission. Its an exciting time to serve the City and i have the experience, knowledge and leadership to assist my fellow commissioners&city staff in accomplishing their goals and objectives. As a board governance professional proficient in municipal law and Parliamentary procedures allows me to guide the commission as we move forward with a renewed optimism and energy. My extensive knowledge of municipal government, business and non- profit management makes me uniquely qualified to serve the residents of district 4 in western Boynton Beach. Currently I'm serving the City of Boynton Beach on the Planning &Development Board, while Simultaneously serving on the Historic Preservation &Resource's Board. Im involved in my neighborhood where I'm currently serving as Treasurer for my HOA in Knollwood where I've lived for the past four years. My wife of 40 years Carol Ann and i have one daughter Rachael Lyn(30) who is a RN at Bethesda Hospital east. We have one grandson Aiden Thomas. Served as Mayor of the City of Lake Worth for two terms 1997-2001, Vice Mayor 1996, City Commissioner 1995. In January 2001 the Greater Lake Worth Chamber of Commerce hired me as The President/ CEO to revive the struggling non- profit business organization.The chamber was$50,000 in debt and had less than 200 members. In just five short years the debt was eliminated, over 700 new businesses joined the chamber under my leadership and in 2006 was recognized as the #1 Chamber of Commerce in the state of Florida by then Governor Charlie Christ. My wife and are the founders of Dixie Carpet&Vinyl Inc. &Tropical Carwash which we started in 1982. We retired from the flooring business in 2008. Im humbled by the opportunity to continue my service to the City of Boynton Beach. Yours in service, Tom Ramiccio Candidate, District 4 Page 21 of 479 —CITY OF— BOYNTON 8 E A C H City of Boynton each: Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form. If instructions are not followed or the application is not filled out in its entirety,the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law,e-mail addresses are public records.If you do not want your e- mail address released in response to a public-records request,do not send electronic mail. Instead,contact the City of Boynton Beach offices by phone or in writing:City of Boynton Beach,City Clerk's Office,City Hall,100 E.Ocean Ave.,Boynton Beach, FL 33435, Mailing address:P.O. Box 310, Boynton Beach,FL 33435-0310 I Phone:(561)742-6060 1 City Clerk FAX:(561)742-6090 Today's date 04/07/2022 Name' Thomas Ramiccio Phone number 561 3867812 Address 4065 Trovita Blvd Street Address Line 2 Boynton Beach Florida 33436 Email tramiccio@aol.com Current occupation or,if retired, Mayor,Chamber of Commerce Executive,retired business owner prior occupation Education Lake Worth High School,Graduate Institute of Government,Graduate Gold Coast Real-estate School, Are you a registered voter? 0 Yes No Do you reside within the Boynton 0 Yes No Beach City limits? Do you own/manage a business Yes 0 No within City limits? https:llforrn.123tcrmbuilder.com/583214/advisory-board-appointment-appiication 4J7/22,7:21 AM Page 1 of 3 Page 22 of 479 If"yes",name of business: Are you currently serving on a City OYes No board? Have you served on a City board in 0 Yes No the past? Currently serving on Planning&Development Board Also serving on Historic Preservation Resources Board Have you ever been convicted of a Yes 0 No crime? If"yes",when and where? Advisory Board please select... Please indicate which advisory board you are seeking appointment. If appointed by the City 0 Yes No Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity?* For board listing, requirements,responsibilities and meeting times and dates,please visit Advic_ory Boards web oa Tes, Personal Qualifications Retired Chamber of Commerce,President/CEO What personal qualifications do you Mayor,City of Lake Worth possess(i.e.,profession,previous Vice Mayor,City Commissioner experience,branch of military service or organization)which you feel would make you a good candidate for this board?Please be specific. https://form.123formbuiIder.com/583214/advisory-board-appointment-application 4/7/22,7:21 AM Page 2 of 3 Page 23 of 479 Professional Memberships Past Governor Kiwanis International Please list any professional Current secretary/VP.boynton Beach Kiwanis memberships. Boynton Beach Historical Society Salvation Army,Past President(35 years of service) Florida Council of Bromeliad Societies,past president Feel free to attach/upload an extra sheet or resume. Choose flies or drag here Your completed Advisory Board Appointment application will be added to the City's Talent Bank,a file to which Commissioners may turn for candidates when board openings occur. Certification, 0 1,the applicant,hereby certify that the statements and answers provided herein are true and accurate,I *Response required understand that,if appointed,anyfalse statements may be cause for removal from a board. 1,the applicant,DO NOT certify that the statements and answers provided herein are true and accurate. --—-------- A5 https://form,l 2 3f or mbu 1 Ider.co rn/5 83 214/ad viso ry-board-appoint ment-app 1i cat ion 4/7122,7:21 AM Page 3 of 3 Page 24 of 479 RESIDENCY REQUIREMENTS V\ fl, 0 fy,% coz, candidate for (Print Name) of the City (mayor/Commissioner— District #) of Boynton Beach., have received read and understand the residency requirements of Article H of the Charter of the City of Boynton Beach. (Signature of Candidate) (Date) `. ' `" TO: City Mayor and Commission Crystal Gibson,City Clerk FROM: Christine Roberts SUBJ: Consideration for Appointment of Commissioner DATE: April 7, 2022 Dear Mayor and Commissioners, My name is Christine Roberts and I live in District 4 of the City of Boynton Beach. I am submitting this letter for consideration for the vacant Commission Seat in District 4. 1 have resided at 70 Heather Trace Drive,Boynton Beach, FL 33436 for over 20 years. I am a retired City of Boynton Beach employee where I served for 30 years. During my employment with the City I was the Assistant Public Works Director and also served as the Interim Public Works Director. My duties included being responsible for the day to day operations of the Public Works Department that included the following divisions: Administration, Facilities Management, Fleet Maintenance,Parks and Grounds,Solid Waste and Streets. I was also responsible for the Cemetery Operations including the Mausoleum. I prepared and managed the departmental budget of approximately$22,000,000 and I was responsible for over 100 employees. In addition I worked several years managing the closed Boynton Beach Landfill that included working with the Palm Beach County Health Department and the State Department of Environmental Protection. During my employment I worked closely with all Departments within the City. I was very familiar with the White and Blue Collar Unions and provided input for negotiations. I handled concerns from the residents on a daily basis and was often complimented for my quick response and resolution to problems relating to Solid Waste,Streets, Parks and the Cemetery. I have been retired for 5 years and have stayed involved with the City. I frequently attend Commission Meetings and CRA Board Meetings via on line communications. Based on my qualifications and experience I feel I could represent the City well in all aspects. It has been a goal for me to one day sit on the City Commission and to represent District 4. Not only would I represent the disctrict I live in but I would also consider all districts and the City as a whole when making decisions and voting for City issues and infrastructure improvements. Thank you for your consideration for this appointment. Christine Roberts Page 26 of 479 CITY 4F— BOYNTON H City of Boynton Beach: Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the time to fill out this form.If instructions are not followed or the application is not filled out in its entirety,the form will be returned for clarification. EMAIL DISCLAIMER:Please be advised that under Florida law,e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request,do not send electronic mail.instead,contact the City of Boynton Beach offices by phone or in writing:City of Boynton Beach, City Clerk's Office,City Hall, 100 E.Ocean Ave., Boynton Beach,FL 33435, Mailing address:P.O.Box 310,Boynton Beach,FL 33435-0310 { Phone:(561)742-6060 j City Clerk FAX:(561)742 609n Today's date 04/07Y2O22 Name* Christine Roberts Phone number 561 5066981 Address 70 Heather Trace Drive Street Address Line 2 Boynton Beach Florida 33436 Country •• Email christineroberts857dugmaii.com Current occupation or,if retired, Retired prior occupation Education High School,Parsons Business School,On the Job Courses and Training INIMS)and other courses Are you a registered voter? 0 Yes Nc Do you reside within the Boynton 0 VP �- Beach Citv limits? Do you own/mans;e a business Yes O P.- Within "within city limit,- If"yec",name of business: Are you currently serving on a City 'les 0 NO np== Have you served on a City board in Yes 0 No the past? Page 27 of 479 If"yes",which board(s)and when? Haves you ever been convicted of a Yes O No rrinne? if"yes",when and where? tiawisary uoara please select- -:Law Indicate which advisory board you are seekine anuointment. it appointee 0 Commission to scm c=saes:; Chair or Vice Chair are you willing to serve in this capacrtv?* For board listing, -equirem-ents responsibilities and€reeti;zg times and dates, please visit Advisory Boards web pggggs. Personal Qualifications I am requesting to be considered for appointment for City Commission,District 4. What personal qualifications do you !v:o.<eo or the City of Bo;nto.-Beach for 30 years. During my e employment I was the Assistant Public possess(i.e„profession,previous 'dorks Dil ectot and at one time the Interim Public Works Director'. was responsible for managing the experience,branch of military service day to day operations of the following divisions within the Public Works Department: Administration, or organization)which you feel would Facilities Management,Fleet Maintenance,Parks and Grounds,Solid Waste,Streets and the make you a good candidate for this Cemetery/'Mausoleum Division. i indirectly managed over 100 employees and prepared ana managed board?Please be specific. fic. the depar meatal budget of approximately$22,000,000. In addition.I wor".<ed several years managing the closed Boynton Beach Landfill that included annual testing and resolution of landfill monitoring. I worked with the Palm Beach County Health Department and the State Department of Environmental i ?r otectiom worked closely with all departments within the City and am familiar with knowledge of each department. am familiar with the White and Blue Collar Unions and during my employment provided input for Union negotiations. i I also handled concern-fr rn residents on a daily Iasis and was often comollmerited for my quick response ano resolution to problems specifically relating to Solid Waste,Streets,Parks and Grounds and the Cemetery. i Based or my knowledge from working for the rity for 30 years I believe 1 have the experlence to sit on the City Commission. Inodt must be at most 300 characters long. Professional Memberships American Public Works Association(APWA) Please list any professional Solid Waste Association of North America(SWANA) nemoersnios. Page 28 of 479 4/8/22,8:57 AM Scan_20220407(5).png Feel free to attach/upload an extra sheet or resume, choose files or dree no.o Your completed Advisory Board Appointment application will be added to the City's Talent Bank,a file to which Commissioners may turn for candidates when'*card openings occur. Certmtication* O 1,me appucanr,nereoy cermy tnat the statements ana answers proviaeo nerein are true and accurate.I ^nose reomreo —.,erstano tnat,IT appointea,any raise statements may De cause Tor removal trom a board. I.the aoDlicant.DO NO i cerrity tnat the statements ano answers Drowaeo nerein are true and acc_T'c: https://drive.google.com/file/d/lUrOpU_Sx4hQLY5hmuRCOazzau_WUeyjk/view Page 29 of 47q 4/8/22,8:55 AM Scan_20220407(6).png 7MMMRRrESS,InDrEwNCCVY REQUIREMENTS I, '►s /7&, 4� candidate for (Print Name) �arn .ss jvr�erE'' js l2�c.. of the City (Mayor/Commissioner—District#) of Boynton Beach, have received, read and understand the residency requirements of Article II of the Charter of the City of Boynton Beach. (Signature of Candidate) (Date) APR https://drive.google.com/file/d/l rXm4JvBCAzNEAgEWq-WzyyhlOH_dWGpW/view Page 30 of 47� APR 8 1022 TY OF=- S. S�JGERM.�A , h. . CI CITY CLEERK'S OFFICE H 4343 Star Ruby Blvd Boynton Beach, FL 33436 954-568-8760 e-mails aleSugerman@beUsouth.net April 8,2022 Ms. Crystal Gibson, City Clerk City of Boynton Beach 100 East Ocean Avenue Boynton Beach,FL 33435 RE: Letter of Interest-Vacant District IV Commission Seat Dear Ms. Gibson: Please accept this letter and the attached materials as my expression of interest in being considered for filling the unexpired term of the vacant District IV commission seat. I am providing you with the required information which should help the Commission in reviewing the value of my potential for service to our community. First,I am a qualified elector over the age of 21.Attached you will find a completed City Advisory Board Application, the signed City Residency Statement form, and proof of my having lived in the district for at least one year(two utility bills).I have lived in or near the City of Boynton Beach since 1994 when I first rented an apartment at VRG. 1994 was also the year I began to work for the City of Boynton Beach; having served the community for a total of 11 years in a variety of management and leadership roles. In total, I have worked in the field of local government for 42 years;having retired from full-time service as an appointed official on December 31, 2019. My local government experience is extensive, especially since I worked or supervised most departments of the City during my tenure. In addition to my considerable experience in both the City of Boynton Beach and the local government business, I hold a Bachelor of Arts degree in Political Science,a Masters Degree in Public Administration,and a Ph.D. in Global Leadership. I have been a continuous resident of District IV for more than 5 years, having moved into the Knollwood Homeowners' Association in 2016. Please let the current members of the City Commission know that if appointed, I will commit to not seeking any office at the.conclusion of this unexpired term.My goal is to help the city bridge a short-term gap between now and the'March 2023 election with someone who has tremendous local government experience; a sole desire to help our city in the short run,and to leave a full-term next year to a deserving candidate. Very truly yours, Dale S. Sugerman Page 31 of 479 C 1, T Y 0 F BOYNTON 8 E A C H City of Boynton Beach: Advisory Board Appointment Application Thank you for your interest in Serving on one of the City's Advisonj Boards and for taking the time to fill out this forrn. If instructions are not followed or the application is not filled out in its entirety,the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law,e-mail addresses are public records.if you do not want your e- mail address released in response to a public-records request,do not send electronic mall.Instead,contact the City of Boynton Beach offices by phone or in writing-City of Boynton Beach,City Clerk's Office,City Hall, 100 E.Ocean Ave., Boynton Beach, FL 33435, Mailing address: P.O.Box 310, Beynton Beach, FL 33435-0310 1 Phone:(561)742-6060 City Clerk FAX:(561)742-6090 Today's date 04/08/2022 .......... ....... ............. Name* Dale Sugerman Phone number 954 568 8760 Address 4343 Star Ruby Boulevard Street Address Line 2 Boynton Beach FL 33436 Country Email DaleSLigerman@bellsouth.net Current occupation or,if retired, Local government ernployee prior occupation Education BA,MPA,Ph.D. Are you a registered voter? 0 Yes No Do you reside within the Boynton 0 Yes No Beach City IImIts7 Do you own/manage a business Yes 0 No within City limits? If"yes",name of business: Are you currently serving on a city Yes 0 No board? Have you served on a City board in 0 Yes No the past? Page 32 of 479 Building Board of Adjustment and Appeals.Term ended March 31,2022, Have you ever been convicted of a Yes 0 No crime? If"yes",when and where? Advisory Board plk-sq V-1 tn,,1 5 5 t 0&-A Please indicate which advisory board ...... you are seeking appointment. If appointed by the City Yes 0 No Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity?* For board listing, requirements, responsibilities and meeting times and dates, please visit AdvisorWLBoards web.,p-aggs-. Personal Qualifications 42 years of service in local government leadership positions. What personal qualifications do you possess(j,e.,profession,previous Resident of Boynton Beath beginning in 1994.Have lived in,or near the City since that time. experience,branch of military service or organization)which you feel would Resident Of District IV since 2016, make you a good candidate for this board?Please be specific. Professional Memberships International City Management Association Please list any professional memberships. Page 33 of 479 Feel free to attach/upload an extra sheet or resume. Choose flies or drag here Your completed Advisory Board Appointment application will be added to the City's Talent Bank,a file to which Commissioners may turn for candidates when board openings occur. Certification* I,the applicant,hereby certify that the statements and answers provided herein are true and accurate.I *Response required understand that,if appointed,anyfalse statements may be for removal from a board. I,the applicant,DO NOT certify that the statements and answers provided herein are true and accurate. --- - Page 34 of 479 I SXDENCY REQUIREMENTS I, candidate r (Print Name) (Mayor/Commissioner•-District#) f Boynton Beach, have received, r understand the residency requirements. [ . Il of the Charter of the City . (Signature of Candida ) 707-7- (Date) - -----�--- Page 35 of 479 2.B. Other 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: If selected, administer the Oath of Office to Commissioner of District I V. 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 36 of 479 2.C. Other 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 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 37 of 479 3.A. Announcements, Community and Special Events and Presentations 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Announcement by City Manager Lori LaVerriere recognizing the City of Boynton Beach Utilities Department for winning 2nd place for the Florida Section American Water Works Association (FSAW WA) Region 6 Best Tasting Drinking Water. Explanation of Request: The City of Boynton Beach Utility strives to lead the utilities industry by demonstrating leadership following best management practices and providing exemplary service. This award reflects the hard work and dedication staff provide 24-hours a day, 7-days a week. FSAW WA Region 6 is comprised of Palm Beach and Broward Counties. On March 31st, 17 Utilities met to compete with their water samples for Best Tasting Drinking Water. A panel of utilities experts compared all samples for quality, taste, smell, and appearance. The City of Boynton Beach Utilities placed 2nd and received the corresponding trophy for its excellent Drinking Water. How will this affect city programs or services? This award is a testament to the hard work and exemplary services provided by Utilities staff. Fiscal Impact: Alternatives: Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 38 of 479 3.B. Announcements, Community and Special Events and Presentations 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: A Public I nput Meeting to discuss design elements for Eco Park is scheduled for Wednesday, April 20, 2022 at 5:30 p.m. in the City Commission Chambers. Attendees can also participate virtually by registering for the meeting on the City's website. Explanation of Request: Those who wish to attend the meeting remotely can register for the meeting at https://www.boynton-beach.org/eco-park-public-input-meeting. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 39 of 479 3.C. Announcements, Community and Special Events and Presentations 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Announcement by Sustainability Coordinator Rebecca Harvey regarding the Earth Day Celebration and Tree Giveaway on Saturday, April 23, 2022. Explanation of Request: The City of Boynton Beach's annual Earth Day Celebration will take place on Saturday, April 23 from 10:00 a.m. to 1:00 p.m. at Centennial Park Under the Banyans, 120 E. Ocean Ave. in Downtown Boynton. The event will feature a walk-up tree giveaway by Community Greening (200 native and fruit trees), an eco- market& expo, bounce houses, face painting, food trucks, music and more. Event details and ideas for celebrating Earth all month long can be found at www.GoGreenBoynton.com. How will this affect city programs or services? These events and activities help advance the City's Tree Canopy Program and meet the City's community engagement goals in the Climate Action Plan. Fiscal Impact: The event costs will be paid for through the Recreation & Parks Department budget. The tree giveaway will be paid for through the Sustainability Fund in the Utilities Operating budget. Alternatives: Strategic Plan: Environmental Sustainability Strategic Plan Application: Outreach event focused on environmental sustainability Climate Action Application: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry; and Strategy C-3.2 Sustainable Lifestyle & Consumption Is this a grant? Grant Amount: Attachments: Type Description Attachment Earth Day Postcard 2022 Page 40 of 479 y P S2 m AD 3 Q _ C �_ �• NLLIE e '++ +' C 41 LL U ,y N v) 4 • p 06 a v a o m �, a; (nm Q , 0 V U Lo M i O N O N tn NNLL L y b• �N QS O C O N N wcn � d rn t s. tffa to � U � � t a -a 3 v ' � v � v LL m t C � a t v c •E � H U V L m •0 O ~ t �-+ N N L- N O as •vs •O E E CL ° 0• E rn o CL CLM C O CL •— O O OLa N J M C i Q a E E U -E M M M •d N �+ O C ' +.+ OD N — w O. O •Q •Q •Q •Q •Q •Q •Q 0 3.D. Announcements, Community and Special Events and Presentations 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Proclaim Friday, April 29, 2022 as Arbor Day. Lori Wolff, Joan Grace and Toni Cvetko of the Boynton Beach Garden Club and Rebecca Harvey, Boynton Beach Sustainability Coordinator will accept the Proclamation. Explanation of Request: The City observes Arbor Day annually as part of its participation in the Tree City USA program. April 29, 2022 marks the 150th anniversary of Arbor Day and the 40th year that the City of Boynton Beach has been a recognized Tree City USA. How will this affect city programs or services? Fiscal Impact: No impact on the City's budget Alternatives: Strategic Plan: Environmental Sustainability Strategic Plan Application: Tree Canopy is one of the City's sustainability initiatives. Climate Action Application: 2020 Climate Action Plan Strategy C-1.5 Urban Forestry Is this a grant? Grant Amount: Attachments: Type Description Proclamation Proclamation -Arbor Day 2022 Page 43 of 479 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . proe1CGAmCtion WHEREAS,in 1872,the Nebraska Board of Agriculture established a special day to be set aside for the planting of trees;and WHEREAS, this holiday, called Arbor Day, was first obseived with the planting of more than a million trees in Nebraska.Arbor Day is now obseived throughout the nation and the world;and WHEREAS,trees can be a solution to combating climate change by reducing the erosion of our precious topsoil by wind and water, cutting heating and cooling costs, moderating the temperature, cleaning the air,producing life- giving oxygen,and proNdding habitat for wildlife;and WHEREAS,trees are a renewable resource giNdng us paper,wood for ourhomes,fuel for our fires,and countless other wood products;and WHEREAS,trees in our city increase property values,enhance the economic Ndtality of business areas,and beautify our community;and WHEREAS,trees,wherever they are planted,are a source of joy andspiritual renewal;and WHEREAS,the City of Boynton Beach adopted a city-wide tree planting goal of 3,000 trees per year to achieve 20% canopy coverage by 2035, and is working to meet this goal through tree plantings, giveaways, and community engagement NOW THEREFORE,I,Ty Penserga,Mayor of the City of Boynton Beach,Florida,do hereby proclaim the 29th day of April,Two Thousand Twenty-Two as: T' Arbor Day and I urge all citizens to celebrate Arbor Day and to support efforts to protect our trees and woodlands 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 19th day of April,Two Thousand and Twenty-Two. Ty Penserga,Mayor ATTEST: Crystal Gibson,MMC City Clerk e- 3.E. Announcements, Community and Special Events and Presentations 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Commissioner Hay requested a citation celebrating the life of Mrs. Queen Esther McClendon. 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 Citation - Queen Esther McClendon Page 45 of 479 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Citation WHEREAS, on June 14, 1916 Queen Esther Phelps was born to Daniel and Addell Phelps and raised in Milledgeville, Georgia along with S siblings. She graduated from Lampson High School in Georgia and in 1936 married Edward"Sonny Boy"McClendon in Fort Valley,Georgia and had one son Daniel McClendon; and WHEREAS, on March 2S, 2022, Queen Esther McClendon, a resident on 12th Avenue in Boynton Beach since 1944, passed away at the young age of 105. She leaves behind 12 grandchildren, 54 great grandchildren, Sl great,great grandchildren and 10 great,great,great grandchildren. Mrs. McClendon was a member of the St.John Missionary Baptist Church and very proud of her previous missionary work and her devotion to the Red Circle mentoring group for young girls to become young ladies in the community. She was called"Grandma Queen"by many in the community who were touched by Mrs. McClendon's kindness and willingness to listen and lend a helping hand. Besides her volunteer work at the church, Mrs. McClendon managed to keep abreast of political and community concerns. She never hesitated to stress the importance of being involved in community affairs that improved the lives of all. She read the newspaper daily and discussed and informed others of area issues and concerns. Mrs. McClendon attributed her long life to love of God and love of people. She was employed over the years in Palm Beach and in Lake Worth as a Domestic Worker. In her spare time, she loved to play checkers,work with the Cub Scouts and played basketball when she was younger. Mrs. McClendon had the rare ability to make everyone feel their needs are the most important when she talked with them. NOW THEREFORE, I, Ty Penserga, Mayor of the City of Boynton Beach, Florida, do hereby recognize the life of: Queen Esther McClendon 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 191h day of April,Two Thousand and Twenty-Two. Ty Penserga,Mayor ATTEST: Crystal Gibson,MMC City Clerk 5.A. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Ratify the selection of Dr. Valerie Valcourt as the Chair and Dr. Stephanie Hayden-Adeyemo as the Vice Chair of the Education & Youth Advisory Board. Explanation of Request: At the March 24, 2022, meeting of the Education & Youth Advisory Board, Dr. Valerie Valcourt was appointed as Board Chair and Dr. Stephanie Hayden-Adeyemo was appointed as Vice Chair. Per the City's Ordinance No. 21-016, the City Commission must ratify the selection of the Board Chair and Vice-Chair. How will this affect city programs or services? Fiscal Impact: No fiscal impact. Alternatives: None Recommended Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: No climate action application. Is this a grant? Grant Amount: Attachments: Page 47 of 479 5.B. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Ratify the selection of Julie Mondello as the Chair and Betty Pierce- Roe as the Vice Chair of the Recreation & Parks Advisory Board. Explanation of Request: At the March 28, 2022, meeting of the Recreation & Parks Advisory Board, J ulie Mondello was appointed as Board Chair and Betty Pierce-Roe was appointed as Vice Chair. Per the City's Ordinance No. 21-016, the City Commission must ratify the selection of the Board Chair and Vice-Chair. How will this affect city programs or services? Fiscal Impact: No fiscal impact. Alternatives: None Recommended Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: No climate action application. Is this a grant? Grant Amount: Attachments: Page 48 of 479 5.C. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Ratify the selection of Kelli Drum as the Chair and Ace Tilton Ratcliff as Vice-Chair of the Art Advisory Board. Explanation of Request: On March 10, 2022, the Art Advisory Board elected from its members Kelli Drum as Chair and Ace Tilton Ratcliff for the 2022-23 term. Both are members in good standing. How will this affect city programs or services? Provides leadership for the Art Advisory Board as required by ordinance. Fiscal Impact: None Alternatives: Ask the Art Advisory Board to select a different Chair or Vice-Chair. Strategic Plan: High Performing Organization Strategic Plan Application: Efficient, well-run Advisory Board. Climate Action Application: None Is this a grant? Grant Amount: Attachments: Page 49 of 479 5.D. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 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 50 of 479 Type Description D Addendum Appointments and Applicants for 04-19-22 D Attachment Cobb, Naomi Art Advisory Board D Attachment Hartmann, Gregory Art Advisory Board D Attachment Pacilli, Phyllis Art Advisory Board D Attachment Gadson, Chevette Education and Youth Advisory Board D Attachment Feldman, George Library Board D Attachment Hayden-Adeyemo Dr,, Stephanie Library Board D Attachment Mc wire, Courtlandt Planning and Development Board D Attachment Phillips, Lyman Planning and Development Board D Attachment Ramiccio, Thomas Planning and Development Board D Attachment Sobel, Jay Planning and Development Board Move Up Request D Attachment Levine, Marcia Senior Advisory Board Page 51 of 479 Appointments and Applicants for April 19, 2022 Art Advisory Board I Cruz Reg 2 yr term to 3/24 Applicants: Naomi Cobb Gregory Hartmann Phyllis Pacilli 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 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 Applicant: Chevette Gadson -Current board member seeking reappointment for second term. Historic Resources Preservation 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 Applicants: None Library Board 11 Hay Reg 2 yr term to 3/24 (tabled 04/05/22) 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: George Feldman - Current board member seeking reappointment for second term. Dr. Stephanie Hayden-Adeyemo- Current board member seeking reappointment for second term. Planning & Development Board III Turkin Reg 2 yr term to 3/24 (tabled 04/05/22) IV Vacant Reg 2 yr term to 3/24 1 Cruz Alt 1 yr term to 3/23 Page 52 of 479 Appointments and Applicants for April 19, 2022 Applicants: Lyman Phillips—Current alternate board member seeking reappointment for second term. Courtlandt McQuire Thomas Ramiccio—Current board member seeking reappointment for second term. Jay Sobel-Current alternate member seeking appointment to move up to a regular member Recreation and Parks Board II Hay Reg 1 yr term to 3/24 Applicants: None Senior Advisory Board IV Vacant Reg 2 yr term to 3/24 I Cruz Reg 2 yr term to 3/24 II Hay Alt 1 yr term to 3/23 III Turkin Alt 1 yr term to 3/23 Applicant: Marcia Levine Page 53 of 479 —CITY OF— �� 0"� � m��0`� B E A C H City of Boynton Beach: Advisory Board Appointment Application Thank you for your interest in serving on one of the City's Advisory Boards and for taking the tirne to fill out this form. If instructions are not followed or the application is not filled out in its entirety,the form will be returned for clarification. EMAIL DISCLAIMER: Please be advised that under Florida law, e-mail addresses are public records. If you do not want your e- mail address released in response to a public-records request,do not send electronic mail. Instead,contact the City of Boynton Beach offices by phone or in writing:City of Boynton Beach, City Clerk's Office, City Hall, 100 E.Ocean Ave., Boynton Beach, FL33435' Mailing address:p.U. Box 31O. Boynton Beach, FL33435-O31O 1 Phone:(561)74Z-606O 1 City Clerk FAX:(S01)742-6U90 Today's �a� mm/oorYYv, 0 �� Name' First �� / Lust Phone number �� / /� / �7 � �� -~l�7 -y�7 xuu,m �yR`9or_� '~> Street Address Line z c|ty �ce Fz_ Postal/Zip Code '��//�� r- cnwntn/ Email Current occupation or,if retired, prior occupation Education Are you aregistered voter? es ) No Do reside within the Boynton N Beach City limits? Do you own/manage abusiness Yes within City limits? n^ycs^'nomeofbusiness: Are you currently serving vnaoty /�� m^ board? L./ Have you served nnwCity board m Yes No the past? Page 54 Of 479 If"yes",which board(s)and when? Have you ever been convicted of a Yes No crime? If"yes",when and where? y Aw l Advisory Board please select,.. Please Indicate which advisory board you are seeking appointment. If appointed by the City Yes No Commission to serve as Board Chair or Vice Chair are you willing to serve in this capacity? For board listing, requirements, responsibilities and meeting times and dates, please visit _ Personal Qualifications What personal qualifications do you possess(Le.,profession,previous experience,branch of military service or organization)which you feel would make you a good candidate for this , board?Please be specific. 1 C 7 J C Professional Memberships Please list any professional 4 memberships. Page 55 of 479 Feel free to attach/upload an extra Sheet or resume. Choose files or drag here Your completed Advisory Board Appointment application will be added to the City's Talent Bank,a file to which Commissioners may turn for candidates when board openings occur. Certification /,rth.applicant hereby certify that the statements and answers provided herein are true and accurate.I *Response required u'derstand that,if appointed,any false statements may be cause for removal from a board. 1,the applicant,DO NOT certify that the statements and answers provided herein are true and accurate. J Page 56 of 479 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 57Of479 |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, TammX From: City Clerk Sent Friday, April O1. 2O22 137 PM To Stamjnne, Tammy Subject FW: Advisory Board Appointment application From: docpaciUi <norep|y@lZ3furmbui|der.com> Sent: Friday, April 1, 2DZ2l2:U6PM To: City Clerk <OtyC|e/k@bbfiva> Subject: Advisory Board Appointment application Today's date 04/01/2022 Name PhyUisPaciUi Phone number 561-386-1051 Address 1108 SW 15th Street Boynton Beach Florida 3342G United States Email Current occupation or, if Teacher/Professor retired, prior occupation Education Doctorate FAU Are you a registered voter? Yes Dmyou reside within the Yes Boynton Beach City limits? Doyou own/manage abusiness No within City limits? |f"yes", name ofbusiness: Are you currently serving ona No City board? Have you served nnoCity Yes board |nthe past? |f"yes"' board(s) Educational Advisory Board when? Have you ever been convicted No ofacrime? |f"yes", when and where? Advisory Board Art Advisory Board 1 Page 59 of 479 if appointed bythe City [ornnn|msinn to serve as Board ,es Chair orVice Chair are you willing toserve |mthis capacity? Personal Qualifications I am very organized and have coordinated many activities over the years both in the community and in an educational setting. I have a mathematics background, so working with funding requirements and budgets are an area of familiarity. I am a resident with a passion for art. I paint as a hobby and have enjoyed the art displays in the city. Professional Memberships N[TK4, Kappa Delta Pi, Nobel Educator ofthe Year Feel free tVattach/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 l65.l61.19.2OG (United States) at202Z-O4-011I:06:02onChrome g8047S8.132 Entry ID: 525 Form Host: Stanzione, Tammy From: City Clerk Sent Wednesday, April O6i2O223I8PK4 To: Staroione, Tommy Subject: FW: Advisory Board Appointment application From: cmgadson4<norep|y@123fornnbui|der.com> Sent: Wednesday, April 6, 2U223:27PM To: City Clerk<CityC|erk@bbf|.us> Subject:Advisory Board Appointment application Today's date 04/06/2022 Name ChevetteGadson Phone number 561-702-9973 Address 1480 N. W. 3rd Street BoyntnBeach FL33435 United States Email Current occupation or, if Instructional Specialist retired, prior occupation Education 8.A. inFinance , k4.S. inCounseling Psychology Are you aregistered voter? Yes Do you reside within the Yes Boynton Beach City limits? Doyou mxon/nnanaQe� budnass ' No within City limits? |f"yes", name ofbusiness: Are you currently serving ooa Yes City board? Have you served onaCity Yes board |nthe past? |f"yes",which board(s)an� board(s) Education and Youth Advisory Board when? Have you ever been convicted No ofacrime? |f"yea",when and where? Advisory Board Education and Youth Advisory Board / Page 61Of479 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 have been a member of this board from September 2019 to March 2022. 1 have been employed with the Palm Beach County School District for 19 years; 15 as a Guidance/School Counselor and 2.5 years as a Specialist. I have a passion for advocating for children. I have been a resident of Boynton Beach since 1978. 1 am civic-minded and think that I can continue to be an asset to this board. Professional Memberships Delta Sigma Theta Sorority, Inc. - Life member University of South Florida Alumni Association - Life Member Palm Beach County School Counselors Association Feel free to attach/upload an extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from a board. The message has been sent from 73.204.178.179(United States)at 2022-04-06 14:26:34 on Safari 15.3 Entry ID:531 Referrer: https://www.boynton-beach.org/ Form Host: https://form.123formbuilder.com/583214/advisory-board-appointment application 2 Page 62 of 479 StanziTa From: City Clerk Sent: Thursday, April 07' 2O222:47PM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From:8eorgefe|dman3O<norep|y@l23formnbui|der.conn> Sent:Thursday, April 7, 20Z2Z:38PM To: City Clerk<CityC|erk@bbf|.us> Subject:Advisory Board Appointment application Today's date 04/07/2822 Name George Feldman Phone number Address 9778Nickels Blvd 5O5 BoytonBeach Florida 33436 United States Erna|( Current occupation or, |f relator retired, prior occupation Education Bachelors Are you aregistered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage business' Yes within City Unn|ts9 |f"yes", name ofbusiness: George Feldman Realtor Are you currently serving ona Yes City board? Have you served ona City Yes board |nthe past? |f"Ves",which boand(x)and Financial, when? Library, Boynton Beach Green Have you ever been convicted No ofacrime? |f"yes",when and where? Advisory Board Library Board z Page 63Of479 ifappointed bythe City Commission toserve asBoard ,es Chair orVice Chair are you willing toserve inthis capacity? Personal Qualifications Two terms onlibrary Advisory Board Professional Memberships Florida Board ofRealtors National Board of Realtors Certified International Property Specialist Boca Raton Chamber nfCommerce Stein Posner Realty 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 76.1O8.142.2Z (United States)at2O22'04-O713:38:07onChrome 98.O.4758.lO2 Entry ID:533 Referrer: Form Host: lication 2 From: monroe s To: City Clerk Subject: Advisory Board Appointment application Date: Thursday,March 03, 2022 12:10:38 PM 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_s@ymail.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 Yes business within City limits? If"yes", name of business: The Learning NoMad LLC Are you currently serving on Yes a 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 No convicted of a crime? If"yes",when and where? Advisory Board Library Board If appointed by the City Commission to serve as Board Chair or Vice Chair Yes 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 Page 65 of 479 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: h=s://www.boynton-beach.org/ Form Host: lhjWs://form.123fQrmbuildersQm/583214/advisor-board-appointment-application Page 66 of 479 Stanzione, Tamm From: City Clerk Sent: Friday, April 08, 2022 9:06 AM To: Stanzione, Tammy Subject: FW: Advisory Board Appointment application From: court<noreply@123formbuilder.com> Sent: Friday, April 8, 2022 8:36 AM To: City Clerk<CityClerk@bbfl.us> Subject: Advisory Board Appointment application Today's date 04/08/2022 Name Courtlandt McQuire Phone number Address 506 WHISPERING PINES ROAD Boynton Beach BOYNTON BEACH, FL 33435 FL 33435 United States Email court@redbaradv.com Current occupation or, if rAdvertising and marketing retired, prior occupation Education BA Univ of Kansas Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Do you own/manage a business Yes within City limits? If"yes", name of business: Red Bar Integrated Marketing Are you currently serving on a No City board? Have you served on a City Yes board in the past? If"yes",which board(s) and I served as Chair from November 2017 - March 2022. when? Also served on several smaller steering committees. Library and City Hall public art. Have you ever been convicted No of a crime? If"yes",when and where? Advisory Board Planning & Development Board 1 Page 67 of 479 ifappointed 6ythe City Commission toserve ax Board ,es Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications I have 2S+year marketing (revenue generation)for many silos of industry. I have handled accounts such as PBC Tourism, Boca Raton International Airport, FAU to small and large PLIDs that spans small boutique condominiums to large mixed used, hotel and apartment parcels throughout the state of Florida. I enjoy serving our community, and avery east towork with individual. Here ismylinked itfor more information: and my website: ht Lastly I currently own a retail business of 18 years in the heart of Brickell.A bar(4COP). | vvnu|d love your consideration for this position. Sincerely, Court. Professional Memberships * Licensed foster parent ° CPR Certified ° Former Chairman ofthe 8BArts Advisory Board ° Digital Marketing certified Feel free toattach/upload an extra sheet orresume. Certification |, 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 board. The message has been sent from 73.46,67206 (United States)at2OZZ-04'O807:]629onChrome 100.U.4898.75 Entry ID: S33 Form Host: StanziJa From: City Clerk Sent Wednesday, April 0Fi2022l32 PM To: S<andnne, Tammy Subject: FW: Advisory Board Appointment application From: ipphiUi1234<norep|y@123fnrmbui|der.com> Sent: Wednesday,April 6, 2O222:24PM To:City Clerk<[ityOerk@bbfl.us> Subject:Advisory Board Appointment application Today's date 04/06/2022 Name Lyman Phillips Phone number 508-202-5635 Address 6Danby Place Boynton Beach FL33426 United States Email Current occupation or, if Commercial Real Estate Agent retired, prior occupation Education University ofMassachusetts Amherst Are you aregistered voter? Yes Do you reside within the Yes Boynton Beach City limits? Doyou uvvn/nman��m� hus|ne�� ' No within City limits? |f"yes", name ofbusiness: Golden Lion Capital Investments Are you currently serving ona ,es City board? Have you served ona City No board |nthe past? |f"yes",which 6mamd(s\�nd board(s) Planning and Development Advisory Board when? Have you ever been convicted No ofacrime? |f"yes",when and where? Advisory Board Planning & Development Board z Page 69Of479 ifappointed bythe City Commission toserve asBoard No Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications I own my own commercial real estate investment and advisory firm based in Palm Beach and handle a variety of tasks that require attention to detail, discipline, effective communication, and the ability to handle quick shifts in decision making. I believe that alone qualifies me to be on the board as all of those traits are needed to make the strong and complicated decisions ofBoynton Beach's future. I am also on the board for a variety of networking groups in Palm Beach County which help my ability to know what is going on in Palm Beach County as well as being able to assist various people in their professional development. Professional Memberships Palm Beach Young Professionals Member and Board Member Leadership Business Council Member NA|OPCommercial Real Estate Member 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 73.1.1Z8.252 (United States)ai2022-04-O613:23:38onChrome 99.0.4844.84 Entry ID:53O Form Host: Page 70Of479 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 71Of479 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, 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 73 of 479 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, Tammy From: Gibson, Crystal Sent: Thursday, April 07, 2022 4:34 PM To: Jay Cc: Stanzione, Tammy Subject: RE: Planning and Development Commission membership Good Afternoon, Mr. Sobel, I've received your e-mail. Per our discussion,we will attach your e-mail and board application to the agenda packet for the Commission to consider your request at their April 19th meeting. Please let me know if you have any questions or if I may be of further assistance. Thank you, Crystal Crysti ll &ilbsc)ln, MPA, MMC 3llty GIeirlk 3llty GIeink's Office i Ma:lilHngddlr��ss^s P,O, Box 3'.10 Boyunt�on Beach, hllcblruda 33425 i IPIhyslci llddlr��ss^x '.100 h, Ocean Ave, I Boyunt�on Beach, Hlcblruda 33435 �r yd.1. /y � dGJ6 1 yd'.1. /42dGJ')GJ ClibSO11y@bbfil.L�uxy 3/ Ix�°b u��bu� Ilx�:�:xll�.�°blr ��IIIIIIII �I�I�-�IIIIY �o iuuuuuuuul� N4."ase De ad�",11ysed that IIIc°Slrllda as a IDII"�°ad Al!I�IHc II"4'.^coirds aw r' nd r')II co,„inir4'.^spoiind4'.^II1ce to II'ne "Ila 4.^II"niflII I"T ay xQ SLI!b�('Ct t() dllx�ll()SLPII"4'.".111nd4'.r II IlcblrlI"4'." lda Icoirds Ila w, 4'."Irni ll 11 addliresses a:lire IlxLllllxllllx II"4."COirdtl x. �Ihl4."II"4'."1Y0II"Q, YOU111-Q."" li"II"Ilrr)llll cc`)iiniinLI1111IIICa)tllC°)1III and YOU1III"e Illflrrrllll address may 11 4 SLI!b�(.Ct t(`) IIAIIbHc dllxdl()SLIIIr, -----Original Message----- From:Jay<jesobel@juno.com> Sent:Thursday, April 7, 2022 4:20 PM To: Gibson, Crystal <GibsonC@bbfl.us> Subject: Planning and Development Commission membership This is to request that I be considered for a regular membership on the Boyton Beach Planning & Developement Advisory Board. After 2 years as an alternate member, I would welcome the opportunity to contribute in a more meaningful way.Thank you,Jay Sobel Sent from my iPhone i Page 75 of 479 Stanzione, From: City Clerk Sent: Wednesday, April 0i20222:18PM To: Stanzione. Tammy Subject: FW: Advisory Board Appointment application Fnonm, noarcia|n/i|evine<norep|y@1Z3formbui|derzom> Sent: Wednesday, April 6, 20222:1OPK4 To: City Clerk<CityClerk@bbflus> Subject:Advisory Board Appointment application Today's date 04/16/202I Name Marcia Levine Phone number 917-693-4729 Address 62SCasa Loma Blvd Apt 8O8 Boynton Beach FL3343S-4154 United States Email Current occupation or, if Sakes/marketing and Now I'm aCU!! And Zoom producer ofevents. retired, prior occupation Education College Graduate Are you a registered voter? Yes Do you reside within the Yes Boynton Beach City limits? Doyou om/n/mn�n��e� buaine�s ' No within City limits? |f"Ves", name of business: Are you currently serving ona ,ea City board? Have you served onaCity Yes board in the past? |f"yes",which board(s)and | currently serve onthe Library Advisory Board until March Z023 when? Abs this year | fulfilled myfull term onthe Arts Advisory Board. Have you ever been convicted No ofacrime? |f"yes",when and where? Advisory Board Senior Advisory Board z Page 76Of479 ifappointed bythe Cit Commission tmserve asBoard Yes Chair orVice Chair are you willing toserve |nthis capacity? Personal Qualifications Towhom itmay concern: I'd like to preface that I love living in Boynton Beach having moved here from NYC 5 years ago. I'm passionate about improving the quality of life for not only seniors ( and I amone!), but for the lives ofall our residents. I have enjoyed a successful long time career in sales and marketing, my last position before coming toBB, was with A&E Television Networks. When | arrived here | became the Asst. Director of Operations at The Cornell Art Museum pre pandemic. Now they are temporarily closed, I currently work with the United Federation of Teachers, helping their retirees with their virtual classes, as a teacher and administrator. Also |nna D]�R Professional Memberships Feel free tmattach/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 174.212.2.176 (United States)at 2022-04-06 13:17:36 on Safari 15.3 Entry ID:529 Form Host: Page 77Of479 Marcia Levine ��~ n�n � ne Boynton Beach, Florida (917) G93-4729 rnarcim|mh|evine@umnoU.corn SUMMARY I am a thoughtful, and creative business professional, with a successful career primarily within the media/marketing and sales arena, | have anestablished track record ofcultivating strong internal/external partnerships. | omadept marketer and facilitator. I believe my experiences will allow me the opportunity to join a team, and to not only personally flourish, but also tn help make a difference on the team (a) |join. PROFESSIONAL EXPERIENCE VIDEO CONFERENCE PRODUCER, Virtual, 2019-Present � Set-Up and Administer/Facilitate Technical Support for Virtual 5eminors/Tnaininga. Recovery Workshops and Professional Conferences. Manage all in meeting openadona, including instructions on how to participate via computer or phone-in opdone, muting/un-muting featurns, poUing, breakout rooms, screen shering, and whiteboerd/with attendee participation. Provide help with set-up of meeting (s) registration with correct in- meeting controls/functions to insure, smooth, orderly and successful conference/workshops for stake-holders.. OLD SCHODLSQU/\RE/C[>RNELL ART MUSEUM, Delray Beach, fl 2018-2020 Museum Operations Associate * Assist Director ofOpenationeJCuretor Duties include: opening and closing muaeum, ouraUng, operating and maintaining Museum Stone, placing media buys for Art Shows at[)SS/driving revenue to Old School Square. Manage reception desk admissions/donations through Square Register operating system. Greet guests with working knowledge of Old School Square and Cornell Art Museum..Write all press releases.Engage and tour visitors through the exhibits. THE HEALTH CHANNEL/South Florida PBS, Miami-Dude+PoknBeach County 2817-2018 Account Executive (one year contract) " Relocated to Florida to join team to develop/launch The Health Channel properties, and www.all health.ty website. Responsibilities include: Development of all marketing mahehe|e. generating |eedS, daily prospecting and lead generation, outreach into local community to create partner relationships, presentations virtually and in-person. Successfully worked together with Baptist/ Bethesda South Florida's marketing group and with SFPBS creative, marketing and udsales divisions, V|VENT|UK8SOFTWARE, New York, N.Y. 2010'2017 National Sales Account Executive (Outside and Inside Sales) ° was aa recruitad to develop NYC territory and assist the launch ofVivendum Software. Responsibilities include: Deve|opmentofleads, daily prospecting, virtual and inperson sell ing/o|osing, cold-call and lead generation for all HCM (Human Capital Management/Payroll, Onbmarding, HR) products. Led the launch team in new business sales, meeting and exceeding monthly and yearly goals, $250,000 Gross Revenue A+ETELEVISION NETWORKS, New York, N.\! 1999 '2015 Account Executive, New Business Development Specialist, A&E, Biography, History Channel ° Researched/generated new business opportunities; prospected onadaily basis. Identified customer needs, sat up client meetings/presented to senior level decision makers. Closed high percentage of new business; met and exceeded yearly sales goals-, Grew sales list revenue from $10 million to $100 million over the course of 14 years. VOLUNTEER&COMMUNITY SERVICE ACTIVITIES Boynton Beach Art In Public Places; Vice Chair, Vice-Chair Overeaters Anonymous Palm Beach County Board of 0nadore . Chair-Elect Library Advisory Board/ Boynton Beach Municipal Library, Reading Vo|unbeerMostohesbsr Montessori School &Canarsie Childcare Development Center-, Developed Therapeutic Music Program for Children on the Autistic Speotrum� EXTRA-CURRICULAR ACTIVITIES Professional DJfor the past 12 years. | Qubythe name "0manah^ | have had over 2OODJjobs invarious locations. | specialize in varied playlists that satisfy all age ranges. I am currently virtually DJing on ZOOM and plan on going to be live DJingsoon inaddition tovirtual jobs. EDUCATION B.A.. Hunter CoUege, New York, N.Y. Page 78 of 479 5.E. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Proposed Resolution No. R22-047-Appoint a City Commission representative and alternate to the Countywide I ntergovernmental Coordination Program. (Tabled from the April 5, 2022 City Commission Meeting.) 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: Page 79 of 479 Type Description Resolution appointing City Representatives to Resolution Countywide Intergovernmental Coordination Program Page 80 of 479 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 81 Of 479 5.F. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 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). (Tabled from the April 5, 2022 City Commission Meeting.) 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 82 of 479 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 83 of 479 5.G. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Proposed Resolution No. R22-049- Appoint a City Commission representative and alternate to the Palm Beach County League of Cities. (Tabled from the April 5, 2022 City Commission Meeting.) 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 84 of 479 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 85 of 479 5.H. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 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). (Tabled from the April 5, 2022 City Commission Meeting.) 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 86 of 479 Type Description Resolution Resolution appointing City Representatives to TPA Page 87 of 479 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 88 of 479 5.1. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Staff is requesting to schedule an informational American Rescue Plan Act (ARPA) and Spending Framework Workshop with the City Commission on Tuesday, May 17, 2022 from 3-5 p.m. Explanation of Request: On May 10, 2021, the US Department of Treasury announced the launch of the Coronavirus State and Local Fiscal Recovery Funds established by the American Rescue Plan of 2021. The Treasury also released details on how these funds can be used to respond to acute pandemic response needs, fill revenue shortfalls among local governments, and support the communities and populations hardest-hit by the COVI D-19 public crisis. Eligible uses must be in response to the disease itself or the harmful consequences of the economic disruptions resulting from, or exacerbated by, the COVID-19 public health emergency. The City of Boynton Beach will receive a total of$13,647,904.00 in two tranches, and has already received the first deposit of$6,823,952.00 on May 19,2021. The US Treasury Department has stressed the importance for government units to assess and identify the greatest needs and to provide services either directly or through existing evidence-based program agencies and non-profits. The workshop presentation will provide information and guidance for program and project eligibility that will comprise a Master Spending Plan for the ARPA Fiscal Recovery Funds allocated to the City through the US Treasury Rule. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 89 of 479 Grant Amount: Attachments: Page 90 of 479 5.J. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Staff is requesting City Commission approval to remove the below item from the agenda: 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: Page 91 of 479 Is this a grant? Grant Amount: Attachments: Page 92 of 479 5.K. Administrative 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: FY 2022/2023 budget workshops are scheduled to be held July 11-13, 2022 in the Police Department Community Room, 2100 High Ridge Road. Following last year's format and schedule we offer the following: Monday, July 11, 2022: Beginning at 5:30pm Tuesday, July 12, 2022: Beginning at 10:00 am Wednesday, July 13, 2022: Beginning at 2:00 pm (if needed) The City Commission will also consider and adopt a Preliminary Fire Assessment Rate Resolution and a Tentative Millage Rate Resolution at these Workshops. 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 93 of 479 6.A. Consent Agenda 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Approve the Piggy-back of the State of Florida Alternate Contract#43211500-W SCA-15-ACS for the purchase of Dell workstations, Monitors, and accessories from Dell Marketing LP of Round Rock, TX in an amount not to exceed $64,786.49. Explanation of Request: Contract Period: September 30, 2015—July 31, 2022 Over the last several years, the I.T.S. Department has implemented a computer replacement program within the Capital Improvement Budget to keep the City's computing environment up to date with current needs. This purchase will replace computers that are a minimum of 4 years and older, or that no longer meet the minimum technical requirements for employee workload. The State of Florida contract complies with the City of Boynton Beach's competitive bid requirements. How will this affect city programs or services? Many enterprise applications such as GIS, Video Surveillance, and Document Imaging require higher end PC's. The up-to-date PC's will increase efficiency in internal business operations by providing an appropriate hardware/software combination. Fiscal Impact: Funding was approved and is available in the Cl P budget for fiscal year 2021/22 under account number 303- 4101-580.64-15 Project IT1811 for an amount not to exceed $64,786.49. Alternatives: The City could issue its own bid request. Strategic Plan: Building Wealth in the Community, High Performing Organization Strategic Plan Application: This computer replacement will serve to build and maintain 'Wealth in the Community' and support our 'High Performing Organization' by protecting the City's investment in technology infrastructure. Not replacing the computer equipment and infrastructure in a timely manner could have a negative impact on the security and reliability of the City's computing environment, and in turn the services provided to the community. Climate Action Application: N/A Is this a grant? Grant Amount: Page 94 of 479 Attachments: Type Description D Quotes Dell Quote D Agreement W SCA-NASPO Master Agreement Award - DELL D Other Florida DIVAS Contract Information D Addendum Florida DIMS Participating Addendum D Amendment Florida DIMS Amendment 1 D Amendment Florida DIVAS Amendment 2 D Amendment Florida DIMS Amendment 3 Page 95 of 479 [*LL.Technologies A quote for your consideration Based on your business needs, we put the following quote together to help with your purchase decision. Below is a detailed summary of the quote we've created to help you with your purchase decision. To proceed with this quote, you may respond to this email, order online through your Premier page, or, if you do not have Premier, use this Quote to Order. Quote No, 300011115530652,11 Sales Rep Dawn Williams Total $64,786,49 Phone (800)456-3355, 6179048 Customer# 861622 EmailDawn I W@Dell.com Quoted On Mar. 22, 2022 Billing To PAYABLE ACCOUNTS Expires by Apr. 21, 2022 CITY OF BOYON EACH Contract Name Dell NASPO Computer P 0 BOX 310 Equipment PA- State of FIL 100E BOYON EACH BLVD Contract Code C000000010853 BOYON EACH, FIL 33425-0310 Customer Agreement# MNWNC-1 08/43211500- WSCA-1 5-ACS Solution ID Deal ID 21482578 Message from your Sales Rep Please contact your Dell sales representative if you have any questions or when you're ready to place an order. Thank you for shopping with Dell! Regards, Dawn Williams Shipping Group Shipping To Shipping Method ITS DEPT Standard Delivery CITY OF BOYNTON BEACH 100 EAST OCEAN AVE BOYNTON BEACH, FL 33435-3899 (561)742-6070 Product Unit Price Quantity Subtotal Dell 23 Monitor— P2319H $234.49 30 $7,034.70 Dell Dock-WD19S 130w Power Delivery 180w Power Supply $263.13 23 $6,051.99 Dell Latitude 5520 $1,425.09 20 $28,501.80 OptiPlex 7000 SFF $1,159.90 20 $23,198.00 1:"Iage 1 V Page 96 of 479 —------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Subtotal: $64,786.49 Shipping: Environmental Fee: $0.00 Non-Taxable Amount: $64,786.49 Taxable Amount: Estimated Tax: —-------------------------------------------------------------------------------------- Total: $64,786.49 Page 2 V Page 97 of 479 Shipping Group Details Shipping To Shipping Method ITS DEPT Standard Delivery CITY OFBOYMTOMBEACH 1UOEAST OCEAN AVE B[}YMT[}MBEACH, FL33435-3899 (561) 742-6070 Quantity Subu,x*| Dell 23Monitor—P2319H $234.49 30 $7.03470 Estimated delivery ifpurchased today: Apr.U8.2U22 Contract#CUOOUOOU1U853 Customer Agreement#MNVVNC-1U8/432115OO-WSCA-15`ACS Description SKU Unit Price Quantity Subu,x*| Dell 23Monitor-p231gH 210`AQC| - 30 - Dell Limited Hardware Warranty 814-9381 - 30 - Advanced Exchange Service,3Years 814-9382 - 30 - Quantity Subu,x*| Dell Dock-WD19S13UvwPower Delivery 18OvwPower Supply $263.13 23 $6.051.99 Estimated delivery ifpurchased today: Jun.07,2022 Contract#CUOOUOOU1U853 Customer Agreement#MNVVNC-1U8/432115OO-WSCA-15`ACS Description SKU Unit Price Quantity Subu,x*| Dell Dock—VVD1gS13OwPower Delivery—18UwAC 210-AZGM - 23 - Advanced Exchange Service,3Years 824-3984 - 23 - Dell Limited Hardware Warranty 824-3993 - 23 - Quantity Subu,x*| Dell Latitude 5520 $1.425.09 20 $28.501.80 Estimated delivery ifpurchased today: Apr.U8.2U22 Contract#CUOOUOOU1U853 Customer Agreement#MNVVNC-1U8/432115OO-WSCA-15`ACS Description SKU Unit Price Quantity Subu,x*| Dell Latitude 552UXCTOBase 21U-AYNN - 20 - 11thGeneration Intel Core i7-1185G7(4Core 12�oaohe base - ' ' 379-BEH| 20 - 3.UGHz. upm4.8GHz.vpm) Windows 1UPro English, French,Spanish 819-AHKN - 20 - No Microsoft Office License Included—3Oday Trial Offer Only 858-BCSB - 20 - Assembly base 338-BXRY - 20 - |7-1185G7Vpm. NVIDIA GeForceM%45UGraphics,Thunderbolt 338-BXRZ - 20 - vpmManageabi|ity 831`ACTD - 20 - 18GB.1x18GB. DDR4Non-ECC 370`AFVp - 20 - NoAdditional Hard Drive 401-AADF - 20 - M.225OGBpC|eNVMeClass 35Solid State Drive 400-BKUZ - 20 - LCD back cover for Latitude 552UVVLA0&mVVAN 320-BECJ - 20 - HD Camera Bezel with Mio 325-BDZF - 20 - 15.8 FHD(1g2Ux1U8U)Non-Touch,AnU-G|are.25Onits 391-BFpM - 20 - Palmres. Fingerprint Reader,Thunderbolt 348 BGVU - 20 - Single Pointing Backlit English USKeyboard with numeric keypad 583-BHBG - 20 - VNva|ess |noa|AX2U1 VVLAN Driver 555-BGGN - 20 - Intel VVi-Fi8AX2U12x2 1lax 18UMHz+ Bluetooth 5.2 555-BGGT - 20 - NoMobile Broadband Card 558-BBCD - 20 - 4Cell 83VVhrExpressChargeTM Capable Battery 451-BCSVV - 20 - gOVVE5Type-CPower Adapter 492-BCXB - 20 - NoAnti-Virus Software 850-AAAM - 20 - OS-WindowsMedia Not Included 820-AALVV - 20 - E5Power Cord 1MUS 450-AAEJ - 20 - Quick Start Guide 340-CTXV - 20 - US Order 332-1288 - 20 - SERI Guide(ENG/FR/Mu|U) 340`AG|K - 20 - Custom Configuration 817-BBBB - 20 - SupportAssist 525-BBCL - 20 - Dell(TM)Digital Delivery Cirrus Client 840-BBLVV - 20 - Dell Client System Update(Updates|ates Dell - ' ' o58-BB�� 20 - Drivers, Firmware and Apps) Waves Maxx Audio 858-BBRB - 20 - Dell Power Manager 858-BDVK - 20 - De||SupportAssist OSRecovery Tool 858-BEOK - 20 - Dell Optimizer 858-BEQp - 20 - Windows pK|DLabel 858-BFDQ - 20 - Mix Model gOVVadapter+TGLCPU 340-CTZU - 20 - 11thGen Intel Core i7vpmlabel 340-CTSVV - 20 - No Mouse 570-AADK - 20 - No Resource USB Media 430-XXYG - 20 - ENERGY STAR Qualified 387-BBp| - 20 - BTO Standard Shipment(VS) 800-BBQK - 20 - NoUPC Label 389-BCGVV - 20 - NoRemovable CD/DVD Drive 429-AATO - 20 - 552ULaptop Bottom Door Discrete Graphics 321-BGBF - 20 - NoAutopi|ot 340-CKSZ - 20 - EpEAT2U18Registered(Go|d) 379-BDZG - 20 - Dell Limited Hardware Warranty Extended Year(s) 975-3481 - 20 - Dell Limited Hardware Warranty 997-8317 - 20 - pmSupportp|us: Next Business Day Onsite, 1 Year 997-8388 - 20 - Thank you for choosing Dell pmSupportPlus. For tech support,visit - 997-8387 20 - www.deU.00m/oonxactdeUoroaU 1-888-518-3115 pmSupportPlus:7x24Technical Support,3Years 997-8380 - 20 - pmSupportPlus: Next Business Day Onsite,2Year Extended 997-8381 - 20 - pmSupportPlus: Keep Your Hard Drive,3Years 997-8382 - 20 - pmSupmort Plus:Accidental Damage Service,3Years 997-8383 - 20 - Configuration Services, Bouom �aoemen Client - ' ` 365-1707 20 - Asset Label without Company Name Quantity Subtotal OpdP|ex 7000 SIFF $1.159.90 20 $23.198.00 Estimated delivery ifpurchased today: Jul.U1.2U22 Contract#CUOOUOOU1U853 Customer Agreement#MNVVNC-1U8/432115OO-WSCA-15`ACS Description SKU Unit Price Quantity Subu,x*| Optip|ex7UOUSmall Form Factor 210-BCTG - 20 - 12th Generation |noa|Core i7-127UO(12Cores/25MB/2UT/2.1GHz to 338_CCyp - 20 _ 4.9GHz/85VV) Windows 1UPro(includes Windows 11 Pro License)English, French, 819`AQMp - 20 _ Spanish No Microsoft Office License Included—3Oday Trial Offer Only 858-BCSB - 20 - 18GB(1X18GB)DDR4Non-ECC Memory 370`AG|Y - 20 - M.22230258GB pC|e NVMeClass 35Solid State Drive 400-BEUVV - 20 - M.222x3UThermal Pad 412-AAQT - 20 - M2X3.5Screw for SSD/DDpE 773-BBBC - 20 - NoAdditional Hard Drive 401-AANH - 20 - NO RAID 817-BBBN - 20 - Intel Integrated Graphics 490-BBFG - 20 - 20UVVinternal power supply unit(pSU).85% Efficient,8OPlus 329-BGNG - 20 - Bronze System Power Cord(phi|ipine/TH/US) 450-AAOJ - 20 - DVD+/-RVVBezel 325-BDSH - 20 - 8xDVD+/-RVVg.5mmOptical Disk Drive 429`AGFH - 20 - CMS Essentials DVD noMedia 858-BBTV - 20 - No Media Card Reader 385-BBCR - 20 - Intel VVi-Fi8E2x2AX211Bluetooth 5.2Wireless Card 555-BHDU - 20 - Internal Antenna 555-BHDX - 20 - Intel VVi-FiAX211 555-BHN| - 20 - woStand orMount 575-BBB| - 20 - NoAdditional Cable 379-BBCY - 20 - NopC|eadd-in card 492-BBFF - 20 - woAdditional Add |nCards 382-BBHX - 20 - Optional HDM|2.UbVideo Port 382-BBF| - 20 - Dell KG218Wired Keyboard English 580`ADJC - 20 - Dell Optical Mouse-MS118(B|aok) 570`AG|E - 20 - woCable Cover 325-BCZQ - 20 - Not selected inthis configuration 817-BBBC - 20 - SupportAssist 525-BBCL - 20 - Dell Client System Update(Updates latest Dell Recommended BIOS, 658-BBMR 20 - Drivers, Firmware and Apps) Waves Maxx Audio 658-BBRB - 20 - Dell SupportAssist OS Recovery Tool 658-BEOK - 20 Dell Optimizer 658-BEQP - 20 - IRST Driver 658-BFKI - 20 - OS-Windows Media Not Included 620-AALW - 20 - ENERGY STAR Qualified 387-BBLW - 20 - SERI Guide(ENG/FR/Multi) 340-AGIK - 20 - Dell Watchdog Timer 379-BESJ - 20 - Quick Start Guide 340-CYKU - 20 No UPC Label 389-BCGW - 20 - Trusted Platform Module(Discrete TPM Enabled) 329-BBJL - 20 - Shipping Material 340-CQYR - 20 - Shipping Label 389-BBUU - 20 - Regulatory Label for OptiPlex 7000 SFF 260/300W 389-ECRD - 20 No Hard Drive Bracket, Dell OptiPlex 575-BBKX - 20 - Intel Care i7 vPro Enterprise Processor Label 389-EDDR - 20 - Desktop BTO Standard shipment 800-BBIO - 20 No Anti-Virus Software 650- M - 20 - Custom Configuration 817-BBBB - 20 - Internal Speaker 520-AARD - 20 No Additional Network Card Selected(Integrated NIC included) 555-BBJO - 20 - EPEAT 2018 Registered(Gold) 379-BDZB - 20 - Intel vPro Enterprise 631-ADGI - 20 No AutoPllot 340-CKSZ - 20 - Dell Limited Hardware Warranty Plus Service 812-3886 - 20 - ProSupport Plus:Accidental Damage Service,3 Years 812-3926 - 20 - ProSupport Plus: Keep Your Hard Drive,3 Years 812-3927 - 20 - ProSupport Plus: Next Business Day Onsite 3 Years 812-3928 - 20 - ProSupport Plus:7x24 Technical Support,3 Years 812-3929 - 20 - Thank you for choosing Dell ProSupport Plus. For tech support,visit 997-8367 - 20 - www.dell.com/contactdell or call 1-866-516-3115 Client ProSupport Plus Asset Label without Company Name 365-0896 - 20 - CFI,Information,VAL,CHASSISDEF,Factory Install 377-8262 - 20 - total: $64,786.49 Shipping: EnvironmentalFee: Estimated a : oal: $64,786.49 V . Page 101 o 79 Important Notes Terms of Sale This Quote will,if Customer issues a purchase order for the quoted items that is accepted by Supplier,constitute a contractbetween the entity issuing this Quote("Supplier")and the entity mwhom this Quote was issued("Customer"). Unless otherwise stated hensin,pricing is valid for thirty days from the date of this Quote.All pmduct,pricing and other information is based on the latest information available and is subject mchange. Supplier reserves the right mcancel this Quote and Customer purchase orders arising from pricing errors.Taxes and/or freight charges listed on this Quote are only estimates.The final amounts shall be stated on the relevant invoice.Additional freight charges will be applied ifCustomer requests expedited ohipping Please indicate any tax exemption status on your purchase order and send your tax exemption certificate to Tax Department@deU.com or ARSa|esTax@emc.com,as applicable. Governing Terms:This Quote is subject to: (a)a separate written agreement between Customer nrCustomer's affiliate and Supplier nra Supplier's affiliate tnthe extent that it expressly applies to the products and/or services in this Quote or,to the extent there isnnsuch agreement,to the applicable set of Dell's Terms of Sale(available at www.deU.com/terms or www.deU.com/oemterms),or for cloud/as-a- Service offerings,the applicable cloud terms of service(identified on the Offer Specific Terms referenced below);and(b)the terms referenced herein(nn||ecUws|y.the"Governing Terms'') Different Governing Terms may apply mdifferent products and services nnthis Quote.The Governing Terms apply to the exclusion of all terms and conditions incorporated in or referred to in any documentation submitted byCustomer mSupplier. Supplier Software Licenses and Services Descriptions:Customer's use of any Supplier software is subject tnthe license terms accompanying the software,or in the absence of accompanying terms,the applicable terms posted on www.DeU.com/eu|a. Descriptions and terms for Supplier-branded standard services are stated at www.de||.com/servicecontracts/g|oba|or for certain infrastructure products at vmowdeUemc.00m/on'uu/ouo8Omer-se rvioeo/prod uot-wormnty-and-eervioe-desohptions.htm Offer-Specific,Third Party and Program Specific Terms: Customer's use nfthird-party software is subject to the license terms that accompany the software.Certain Supplier-branded and third-party products and services listed on this Quote are subject to additional, specific terms stated onvmowdoULcc)m/offeririgs pe:ifi ctormo(''OferSpecific Tenns''). In case of Resale only:Should Customer procure any products or services for resale,whether on standalone basis or as part of a solution, Customer shall include the applicable software license terms,services terms,and/or offer-specific terms in a written agreement with the end- user and provide written evidence of doing so upon receipt of request from Supplier. In case of Financing only: If Customer intends to enter into afinandng arrangement("Financing Agreement'')for the products and/or services on this Quote with Dell Financial Services LLC or other funding source pre-approved by Supplier("FS"), Customer may issue its purchase order toSupplier ortoFS. If issued to FS,Supplier will fulfill and invoice FS upon confirmation that: (a)FS intends to enter into a Financing Agreement with Customer for this order;and(b)FS agrees to procure these items from Supplier. Notwithstanding the Financing Agreement,Customer's use(and Customer's resale of and the end-user's use)of these items in the order is subject to the applicable governing agreement between Customer and Supp|ier,except that Ude shall transfer from Supplier to FS instead of to Customer. If FS notifies Supplier after shipment that Customer is no longer pursuing a Financing Agreement for these items,or if Customer fails menter into such Financing Agreement within 120 days after shipment by Supplier,Customer shall promptly pay the Supplier invoice amounts directly to Supplier. Customer represents that this transaction does not involve:(a)use of U.S.Government funds;(b)use by or resale to the U.S. Government; or(c)maintenance and support uf the pmdum(s)listed inthis document within classified spaces.Customer further represents that this transaction does not require Supplier's compliance with any statute, regulation or information technology standard applicable to a U.S. Government procurement. For certain products shipped mend users in California,a State Environmental Fee will be applied to Customer's invoice. Supplier encourages customers todispose ufelectronic equipment properly. Electronically linked terms and descriptions are available in hard copy upon request. 'Dell Business Credit(DBC): OFFER VARIES BY CREDITWORTHINESS AS DETERMINED BY LENDER.Offered by WebBank to Small and Medium Business customers with approved credit.Taxes,shipping and other charges are extra and vary. Minimum monthly payments are the greater uf$15or 3%of account balance. Dell Business Credit is not offered to government or public entities,or business entities located and organized outside of the United States. STATE OF MINNESOTA Materials Management Division 112 Administration Building ivnes D � 50 Sherburne Avenue DEPAR7MENr:OF ADMlN13rRArfON St. Paul, MN 55155 till Voice: 651.296.2600 Fax: 651.297:3996 i MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD WITH DELL MARKETING, L.P. FOR COMPUTER EQUIPMENT: (Desktops, Laptops, Tablets, Servers and Storage including Related Peripherals & Services) To: Dell Marketing L. P. CONTRACT NO: MNWNC-108 One Dell Way -&-w � Mailstop 8RP-1-33 L901, Round Rock, TX 78682 �;r�,?/x®/sCONTRACT PERIOD: April 1, 2015, or upon final Contract Vendor Administrator: Diane executed signatures, Wigington whichever is later Email: Diane WigingtonAdell.com THROUGH March 31, 2017 Phone-7(512)728-4805 EXTENSION OPTION' UP TO 36 MONTHS You are hereby notified that your response to our solicitation, which opened January 31,2014, is accepted. The following documents, in order of precedence, are incorporated herein by reference and constitute the entire Contract between you and the State: 1.A Participating Entity's Participating Addendum ("PA")A Participating Entity's Participating Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contract Vendor under the Terms of Minnesota WSCA-NASPO Master Agreement.; 2. Minnesota WSCA-NASPO Master Agreement(includes negotiated Terms and Conditions); 3: The Solicitation; and:4. the Contract Vendor's response to the Solicitation.These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed intending to be bound thereby. 1. DELL MARKETING L. P. 2. MINNESOTA MATERIALS MANAGEMENT DIVISION The Contractor certifies that the appropriate person(s)have In accordance with Minn.Stat. 16C 3,subd.3. executed this Agreement on behalf of the Contractor as required by a le articl bylaws�tions, n(cJes�.�By: Al �... By: u r `—��•x" i Ste henie G. Miller. Title: Master reement Administrator U eme Title: Contract Manager /Sw lt)( /�.MQA� Date: !! Z/ ) Date: Ito Febr-U&ll -L9I J_ Byt 3. MINNESOTA COMMISSIONER OF ADMINISTRATION gee'. Or delegated representative. FFIM�NaMe Title: By: Date: rl I n signed Date: MAR 0 3 2015 By Lucas J. Jannett 1 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. j i Page 103 of 479 COMPUTER EQUIPMENT ..�� 2014-2019 DEPARTMENT:OF ADMINkSTRATIOM i MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD TABLE OF CONTENTS i i TABLEOF CONTENTS......................................................................................................................................................2 SUMMARY..........................................................................................................................................................................3 EXHIBIT A-TERMS&CONDITIONS................................... 5 EXHIBIT B-PRICING............................ EXHIBIT B- PRICING SCHEDULE..................................................................................................................................26 i i EXHIBIT C- PRODUCT AND SERVICE SCHEDULE (PSS)...........................................................................................27 EXHIBITD-WEBSITE........ ............................................................................................................................................28 i EXHIBIT E-ACTION REQUEST UPDATE FORM (ARF)................................................................................................29 EXHIBITF-REPORTING..................................................................................................................................................31 EXHIBITG -DEFINITIONS...............................................................................................................................................32 2 CONTRACT N0. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 104 of 479 i i Y1�Cyt COMPUTER EQUIPMENT DEPARTMENT OF ADMINISTRATION 2014-2019 MINNESOTA WSCA-�NASPO MASTER AGREEMENT AWARD SUMMARY 1. BACKGROUND. The State of Minnesota, Department of Administration, Materials Management Division publicly posted a Request for Proposal on behalf of the State of Minnesota and WSCA-NASPO Cooperative Procurement Program ("WSCA-NASPO") resulting in a Master Agreement Award.After evaluation by a multi—state sourcing team the solicitation resulted in this Minnesota WSCA-NASPO Master Agreements with qualified manufacturers for: Computer Equipment(Desktops, Laptops,Tablets,Servers,and Storage including related Peripherals& Services. The original solicitation contains the requirements and definitions establishing the following Product Bands allowed on the Master Agreement. The configuration limits and restrictions for this Master Agreement are provided below. Participating Entities may revise these in their Participating Addendum. Bands awarded are identified below: Band 1: Desktop Band 3: Tablet Band 5: Storage Band 2: Laptop Band 4: Server The original solicitation included Band 6: Ruggedized. This band has been removed and ruggedized equipment will be allowed in Bands 1-5. The original solicitation and responses may be found on the WSCA-NASPO Website. 2. EFFECTIVE DATE. The Master Agreement contract term will begin on April 1, 2015, or upon final executed signatures,.whichever is later, through March 31, 2017 with the option to extend up to.36 months, upon agreement by both parties. Contract Sales may not begin until the Website, Product.and Service Schedule and third party products have been approved by the Master Agreement Administrator. 3. PARTICIPATION.All authorized governmental entities in any State are welcome to use the resulting Master Agreements through WSCA-NASPO with the approval of the State Chief Procurement Official. Contract Vendors are able to sign Participating Addendums(PA) at the option of Participating States. Participating States reserve the right to add State specific terms and conditions and modify the scope of the contract in their Participating Addendum as allowed by the Master Agreement. i i 4. CONFIGURATION DOLLAR LIMITS. The following configuration limits apply to the Master Agreement. Participating States may define their configuration limits in their participating addendum.The Participating State's Chief j Procurement Official may increase or decrease the configuration limits, as defined in their Participating Addendum. The Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. The dollar limits identified below are based on a SINGLE computer configuration. This is NOT a restriction on the purchase of multiple configurations (e.g. an entity could purchase 10 laptops @$10,000 for a total purchase price of $100,000). ITEM CONFIGURATION* Server $500,000 Storage $500,000 Desktops $ 10,000 Laptops $ 10,000 Tablets $ 5,000 Peripherals $ 5,000 Services Addressed by each State in participating addendum *Configuration is defined as the combination of hardware and software components that make up the total functioning system. Software purchases are considered a part of the configuration limit of the equipment. 3 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 105 of 479 5. RESTRICTIONS.The following restrictions apply to the Master Agreement. A Participating State may set further restrictions of products in their Participating Addendum. The.Participating State will determine with the Contract Vendor how to approve these modifications to the State's Product and Service Schedule. a. Software 1. Software is restricted to operating systems and commercial off-the-shelf(COTS)software and is subject to equipment configuration limits. 2. Software is an option which must be related to the procurement of equipment. 3. . Software must be pre-loaded or provided as an electronic link with the initial purchase of equipment. 4. Software such as middleware which is not always installed on the equipment, but is related to storage and server equipment(Band 4&5) purchased, is allowed and maybe procured after the initial purchase of equipment. I b. Services 1. Services must be related to the procurement of equipment. 2. Service limits will be addressed by each State. 3. Wireless phone and internet service is not allowed. 4. Cloud Services including acquisitions structured as managed on-site services are not allowed. 5. Managed Print Services are not allowed. c. Third Party Products. 1. Contract Vendors can only offer Third Party Products in the bands they have been awarded. 2. Contract Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. d. Additional Product/Services 1. Hardware and software required to solely support wide area network(WAN)operation and management are not allowed. 2. Lease/Rentals of equipment may be allowed and will be addressed by each State. 3. Cellular Phone Equipment is not allowed. 4. EPEAT Bronze requirement may be waived, on a State case by case basis, if approved by the State's Chief Procurement Officer. 6. PARTNER UTILIZATION: Each state represented by WSCA-NASPO that chooses to participate in this Master Agreement independently has the option of utilizing partners. Only partners approved by the Participating,State may be deployed. The participating State will define the process to add and remove partners in their participating addendum. i i 4 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 106 of 479 COMPUTER EQUIPMENT . ... j��PiS�ta 2014-2019 ". DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT A - TERMS & CONDITIONS MASTER AGREEMENT TERMS AND CONDITIONS A. GENERAL TERMS, CONDITIONS &INSTRUCTIONS 1. ACCEPTANCE OF TERMS AND CONDITIONS. The contents of the RFP and the response of the successful responder will become Master Agreement contractual obligations, along with the final Master Agreement, if acquisition action ensues.A statement of acceptance of the proposed Contract Terms and Conditions, unless taken exception to, as specified in the RFP must be included in the response.Any suggestions for alternate language shall be presented. j The Lead State is under no obligation to accept wording changes submitted by the responder. The Lead State is solely responsible for rendering decisions in matters of interpretation on all terms and conditions. Any response which fails to comply with this requirement may be disqualified as nonresponsive. All general proposal terms, specifications and WSCA-NASPO Terms&Conditions form apart of this RFP and will apply to any Master Agreements entered into as a result thereof. 2. CONFLICT OF TERMS/ORDER OF PRECEDENCE: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement(includes negotiated Terms&Conditions) c. The Solicitation including all Addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority'to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to the Master Agreement as an Exhibitor Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails unless a mutually agreed exception. has been negotiated. 3. ADDENDA TO THE RFP.Any addendum issued will become a part of the RFP. The Lead State may modify or clarify the RFP by issuing one or more addenda to all parties who have received the RFP. Each responder must follow the directions on the addendum.Addenda will be numbered consecutively in the order they are issued. 4. AWARD. The award of this solicitation will be based upon the total accumulated points as established in the RFP,for separate items, by grouping items, or by total lot, and where at its sole discretion the Lead State believes it will receive the best value. The Lead State reserves the right to award this solicitation to a single responder, or to multiple responders,whichever is in the best interest of the Lead State. It is the State's intent to award to multiple responders. The Lead State reserves the right to accept all or part of an offer, to reject all offers, to cancel the solicitation, or to re- issue the solicitation,whichever is in the best interest of the Lead State. The Sourcing Team will make a recommendation on the award of this RFP. The commissioner of Administration or designee may accept or reject the recommendation of the Sourcing Team. The final award decision will be made by the Commissioner of Administration and the WSCA-NASPO Management Board. 5. CLARIFICATION. If a responder discovers any significant ambiguity, error, conflict, discrepancy, omission, or other deficiency in the RFP,the responder.shall immediately notify the Acquisition Management Specialist in writing, as 5 CONTRACT NO. MNWNC-109 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 107 of 479 specified in the introduction, of such error and request modification or clarification of the document. This notification is due no later than seven calendar days prior to the proposal due date and time. Responders are cautioned that any activity or communication with a State employee or officer, or a member of the Evaluation Team, regarding this Solicitation's contents or process, is strictly prohibited and may, as a result, have its response rejected. Any communication regarding this Solicitation, its content or process, must be directed to the Acquisition Management Specialist listed in the Solicitation documents. I 6. COMPLETION OF RESPONSES.A response may be rejected if it is conditional or incomplete. Responses that contain conflicting,false, or misleading statements or that provide references that contradict or do not support an attribute or condition stated by the responder, may be rejected. 7. MASTER AGREEMENT ADMINISTRATOR.The Master Agreement Administrator designated by WSCA-NASPO and the State of Minnesota, Department of Administration is: Susan Kahle. Direct all correspondence and inquiries, legal questions, general issues, or technical issues regarding this RFP to: Susan Kahle Acquisition Management Specialist Fax: 651.297.3996 Department of Administration E-mail: susan.kahleostate.mn.us Materials Management Division 50 Sherburne Avenue 112 Administration Building St. Paul, MN 55155 8. DISPOSITION OF DATA SUBMITTED BY CONTRACT VENDOR.All materials submitted in response to this RFP will become property of the Lead State and will become public record after the evaluation process is completed. The evaluation process is complete when negotiations with the selected vendors are final. By executing this Contract;the Contract Vendor certifies and agrees that all information provided in the Contract and in response to the solicitation will be made public in accordance with the solicitation and that no information has been designated Trade Secret pursuant to the Minnesota Government Data Practices Act. If the Contract Vendor submits information after execution of this Contract that it believes to be trade secret materials- as as defined by the Minnesota Government Data Practices Act, Minn. Stat. § 13.37, the Contract Vendor must: a. clearly mark all trade secret materials at the time the information is submitted; b. include a statement with regard to the information justifying the trade secret designation for each item; and, c. defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the Lead State, its agents and employees, from any judgments awarded against the Lead State in favor of the party requesting the materials and any and all costs connected with that defense. This indemnification survives the Lead State's award of a Master Agreement. In submitting a responseto the RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the Lead State. The Lead State will not consider the prices submitted by the responder to be trade secret materials. 9. DISPUTE RESOLUTION PROCEDURES. Any issue a responder has with the RFP document, which includes, but is not limited to,the terms, conditions, and specifications, must be submitted in writing to and received by the Master Agreement Administrator prior to the opening due:date and.time.Any issue a responder has with the Master Agreement award must be submitted in writing to the Master Agreement Administrator within five working days from the time the notice of the intent to award is issued. This notice may be made by any of the following methods: notification by letter,fax or email, or posted on the Materials Management website,www.mmd.adrnin.state.mn.us. The Lead State will respond to any protest received that follows the above procedure. For those protests that meet the above submission requirements, the appeal process is, in sequence: The responsible Master Agreement Administrator, the Materials Management Division (MMD)Assistant Director, and the MMD Director. 10. ELECTRONIC FILES TO DOWNLOAD, COMPLETE,AND RETURN. Responders must download a Word/Excel document. 11. ENTIRE AGREEMENT.A written Master Agreement(including the contents of this RFP and selected portions of Contract Vendor's response incorporated therein by reference)and any written addenda thereto constitute the entire agreement of the parties to the Master Agreement. 6 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 108 of 479 i 12. IRREVOCABLE OFFER. In accordance with this Request for Proposal, and subject to all conditionsthereof, the undersigned agrees that its response to this RFP, or any part thereof, is an irrevocable offer for 180 days following the submission deadline date unless stated otherwise in the RFP. It is understood and agreed that the response, or any part thereof, when accepted by the appropriate department and State officials in writing, may become part of a legal and binding Master Agreement between the undersigned vendor and the State of Minnesota. 13. MATERIAL DEVIATION.A responder shall be presumed to be in agreement with these terms and conditions unless it takes specific exception to one or more of the conditions. Submission by the responder of its proposed language shall not be viewed as an exception unless the responder specifically states in the response that its proposed changes are intended to supersede the terms and conditions. RESPONDERS ARE CAUTIONED THAT BY TAKING ANY EXCEPTION THEY MAY BE MATERIALLY DEVIATING FROM THE REQUEST FOR PROPOSAL. IF A RESPONDER MATERIALLY DEVIATES FROM THE GENERAL TERMS, CONDITIONS AND INSTRUCTIONS OR THE WSCA-NASPO TERMS AND CONDITIONS AND/OR SPECIFICATIONS, ITS RESPONSE MAY BE REJECTED. A material deviation is an exception to the Request for Proposal general or WSCA-NASPO terms and conditions and/or specifications that: a. gives the responder taking the exception a competitive advantage over other vendors; or; b. gives the Lead State something significantly different from that which the Lead State requested. 14. NONRESPONSIVE RESPONSES. Responses that do not comply with the provisions in the RFP may be considered nonresponsive and may be rejected. 1S: NOTICES. If one party is required to give notice tothe other under the Master Agreement, such notice shall be in writing and shall be effective upon receipt. Delivery may be by certified United States mail or by hand, in which case a signed receipt shall be obtained.A facsimile transmission shall constitute sufficient notice, provided the receipt of the transmission is confirmed by the receiving party. Either party must notify the other of a change in address for notification purposes.All notices to the.Lead State shall be addressed as follows: STATE OF MINNESOTA: MN WSCA-NASPO COMPUTER EQUIPMENT CONTRACT ADMINISTRATOR 112 Administration Bldg. 50 Sherburne Avenue St. Paul, MN 55155 651-M-2600 i i i i i 7 CONTRACT No. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 109 of 479 MASTER AGREEMENT TERMS AND CONDITIONS B. WSCA-NASPO TERMS AND CONDITIONS 1. ADMINISTRATIVE FEES. The Contract Vendor shall pay a WSCA-NASPO Administrative Fee of one-tenth of one percent(0.1% or 0.001) in accordance with the Terms and Conditions of the Master Agreement no later than 60 days following the end of each calendar quarter. The WSCA-NASPO Administrative Fee shall be submitted quarterly and is based on.sales of products and services (less any charges for taxes or shipping). The WSCA-NASPO Administrative Fee is not negotiable. This fee is to be included as part of the pricing submitted with proposal. Additionally, some states may require an additional.fee be paid directly to the state on purchases made by Purchasing Entities within that state.For all such requests, the fee level, payment method and schedule for such reports and payments will be incorporated into the Participating Addendum that is made a part of the Master Agreement. The Contract Vendor may adjust the Master Agreement pricing accordingly for purchases made by Purchasing Entities within the jurisdiction of the state.All such agreements may not affect the WSCA-NASPO Administrative Fee.or the prices paid by the Purchasing Entities outside the jurisdiction of the state requesting the additional fee. 2. AGREEMENT ORDER OF PRECEDENCE. The Master Agreement shall consist of the following documents: a. A Participating Entity's Participating Addendum ("PA"); b. Minnesota WSCA-NASPO Master Agreement(includes negotiated Terms and Conditions) c. The Solicitation including all addendums; and d. Contract Vendor's response to the Solicitation These documents shall be read to be consistent and complementary.Any conflict among these documents shall be resolved by giving priority to these documents in the order listed above. Contract Vendor terms and conditions that apply to this Master Agreement are only those that are expressly accepted by the Lead State and must be in writing and attached to this Master Agreement as an Exhibitor Attachment. No other terms and conditions shall apply, including terms and conditions listed in the Contract Vendor's response to the Solicitation, or terms listed or referenced on the Contract Vendor's website, in the Contract Vendor quotation/sales order or in similar documents subsequently provided by the Contract Vendor. The solicitation language prevails.unless a mutually agreed exception has been negotiated. 3. AMENDMENTS.The terms of this Master Agreement hall not be waived altered, modified supplementeded or amended in any manner whatsoever without prior written approval of the WSCA-NASPO Master Agreement Administrator. 4. ASSIGNMENT OF ANTITRUST RIGHTS. Contract Vendor irrevocably assigns to a Participating Entity any claim for relief or cause of action which the Contract Vendor now has or which may accrue to the Contract Vendor in the future by reason of any violation of state or federal antitrust laws(15 U.S.C. § 1-15 or a Participating Entity's state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided to the Contract Vendor for the purpose of carrying out the Contract Vendor's obligations under this Master Agreement or Participating Addendum, including, at a Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action. i 5. ASSIGNMENT/SUBCONTRACT. Contract Vendor shall not assign, sell, transfer, subcontract or sublet rights, or delegate responsibilities under this Master Agreement, in whole or in part, without the prior written approval of the WSCA-NASPO Master Agreement Administrator. 6. CANCELLATION. Unless otherwise stated in the terms and conditions, any Master Agreement may be canceled by either party upon 60 days' notice, in writing, prior to the effective date of the cancellation. Further, any Participating Entity may cancel its participation upon 30 days written notice, unless otherwise limited or stated in the special terms and conditions of this solicitation or in the applicable Participating Addendum. Cancellation may be in whole or in part. Any cancellation under this provision shall not affect the rights and obligations attending orders outstanding at the time of cancellation, including any right of a Participating Entity to indemnification by the Contract Vendor, rights of payment for goods/services delivered and accepted, and rights attending any warranty or default in performance in association with any order. Cancellation of the Master Agreement due to Contract Vendor default may be immediate if defaults cannot be reasonably cured as allowed per Default and Remedies term. 7. CONFIDENTIALITY NON-DISCLOSURE AND INJUNCTIVE RELIEF. NEGOTIATED. 7.1 Confidentiality.The parties acknowledges that they and their employees or agents may, in the course of providing the Product and Services under this Master Agreement, be exposed to or acquire information that is confidential . Any and all information of any form that is marked as confidential or would by its nature be deemed 8 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 110 of 479 i confidential obtained in the performance of this Master Agreement, including, but not necessarily limited to (a) any Participating Entity records, (b) personnel records,(c) information concerning individuals, (d) software, (e) product. plans, (f)marketing and sales information, (g) customer lists, and (h) "know-how,"or trade secrets, is confidential information ("Confidential Information"). Any reports or other documents or items(including software)that result from the use of the Confidential Information shall be treated in the same manner as the Confidential Information. Confidential.Information does not include information that(a) is or becomes.(other than by disclosure by disclosing party) publicly known; (b) is rightfully furnished by the disclosing party to others without restrictions similar to those imposed by this Master Agreement; (c) is rightfully in:recipient party's possession without the obligation of nondisclosure prior to the time of its disclosure under this Master Agreement; (d) is obtained from a source other than disclosing party without the obligation of confidentiality, (e) is disclosed with the written consent of disclosing party or; (f) is independently developed by employees, agents or subcontractor of the parties who can be shown to have had no access to the Confidential Information 7.2 Non-Disclosure. The parties shall hold Confidential Information in confidence, using at least the industry standard of confidentiality, and not to copy, reproduce, sell, assign, license, market, transfer or otherwise dispose of, give, or disclose Confidential Information to third parties or use Confidential Information for any purposes whatsoever other than the performance of this Master Agreement, and to advise each of its employees and agents of their obligations to keep Confidential Information confidential. The parties shall use commercially reasonable efforts in identifying and preventing any unauthorized use or disclosure of any Confidential Information. Without limiting the generality of the foregoing, parties shall advise each other immediately if they learn or have reason to believe that any person who has had access to Confidential Information has violated or intends to violate the terms of this Master Agreement and shall at their expense cooperate in seeking injunctive or other equitable relief against any such person. Except as directed in writing , the parties will not at any time during or after the term of this Master Agreement disclose, directly or indirectly, any Confidential Information to any person, except in accordance with this Master Agreement, and that upon termination of this Master Agreement the parties shall turn over all documents, papers, and other matter in the recipient party's possession that embody Confidentiahnformation. Notwithstanding the foregoing, the recipient party may keep one copy of such Confidential Information necessary for quality assurance, audits and evidence of the performance of this Master Agreement. 7.3 Injunctive Relief. The parties acknowledge that breach of this Section, including disclosure of any Confidential Information, may cause irreparable injury that is inadequately compensable in damages. Accordingly, the injured party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies that may be available. The parties acknowledge and agree that the covenants contained herein are necessary for the protection of the legitimate business interests and are reasonable in scope and content. 7.4 Participating Entity,is agreeing to the above language to the extent is not in conflict with Participating Entities public disclosure laws. 8, DEBARMENT.:The Contract Vendor certifies that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible.,or voluntary excluded from participation in this transaction (Master Agreement) by any governmental department or agency. If the Contract Vendor cannot certify this statement, attach a Written explanation for review by WSCA-NASPO. In any order against this Master Agreement for a requirement established by a Purchasing Entity that discloses the use of federal funding, to the extent another form of certification is not required by a Participating Addendum or the order of the Purchasing Entity, the Contractor's quote represents a recertification consistent with the terms of paragraph 8, Section 2D, Minnesota Terms and Conditions 9. DEFAULTS&REMEDIES. a. The occurrence of any of the following events shall be an event of default under this Master Agreement: i. Nonperformance of contractual requirements; or ii. A material breach of any term or condition of this Master Agreement; or iii. Any representation or warranty by Contract Vendor in response to the solicitation or in this Master Agreement proves to be untrue or materially misleading; or iv. Institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against Contract Vendor, or the appointment of a receiver or similar officer for Contract Vendor or any of its property, which is not vacated or fully stayed within thirty(30)calendar days after the institution or occurrence thereof; or v. Any default specified in another section of this Master Agreement. b. Upon the occurrence of an event of default, Lead State shall issue a written notice of default, identifying the nature of the default, and providing a period of 30 calendar days in which Contract Vendor shall have an opportunity to cure the default. The Lead State shall not be required to provide advance written notice or a cure period and may immediately terminate this Master Agreement in whole or in part if the Lead State, in its sole 9 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 111 of 479 discretion, determines that it is reasonably necessary to preserve public safety or prevent immediate public crisis. Time allowed for cure shall not diminish or eliminate Contract Vendor's liability for damages, including liquidated damages to the extent provided for under this Master Agreement. c. If Contract Vendor is afforded an opportunity to cure and fails to cure the default within the period specified in the written notice of default, Contract Vendor shall be in breach of its obligations under this Master Agreement and Lead State shall have the right to exercise any or all of the following remedies: i. Exercise any remedy provided by law; and . ii Terminate this Master Agreement and any related Master Agreements or portions thereof; and iii Impose liquidated damages as provided in this Master Agreement; and iv. Suspend Contract Vendor from receiving future bid solicitations; and v. Suspend Contract Vendor's performance; and Vii. Withhold payment until the default is remedied. d. In the event of a default under a Participating Addendum, a Participating Entity shall provide a written notice of default as described in this section and have all of the rights and remedies under this paragraph regarding its participation in the Master Agreement, in addition to those set forth in its Participating Addendum. Unless otherwise specified in a Purchase Order, a Purchasing Entity.shall provide written notice of default as described in this section and have all of the rights and remedies under this paragraph and any applicable Participating Addendum with respect to an Order placed by the Purchasing Entity. Nothing in these Master Agreement Terms and Conditions shall be construed to limit the rights and remedies available to a Purchasing Entity under the applicable commercial code. 10. DELIVERY. Unless otherwise indicated in the Master Agreement, the prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination with all transportation and handling charges paid by the Contract Vendor.Additional delivery charges will not be allowed for back orders. 11. FORCE MAJEURE. Neither party to this Master Agreement shall be held responsible for delay or default caused by fire, riot, acts of God and/or war which is beyond that party's reasonable control. The WSCA-NASPO Master Agreement Administrator may terminate this Master Agreement after determining such delay or default will reasonably prevent successful performance of the Master Agreement. 12. GOVERNING LAW. This procurement and the resulting agreement shall be governed by and construed in accordance with the laws of the Lead State sponsoring and administering the procurement. The construction and effect of any Participating Addendum or order against the Master Agreements shall be governed by and construed in accordance with the laws of the Participating Entity's State. Venue for any claim,dispute or action concerning an order placed against the Master Agreements or the effect of a Participating Addendum shall be in the Purchasing Entity's State.. 13. INDEMNIFICATION. DELETED SEE SECTION 2C17. 14. INDEMNIFICATION—INTELLECTUAL PROPERTY. DELETED SEE SECTION 2C17. 15. INDEPENDENT CONTRACT VENDOR. The Contract Vendor shall be an independent Contract Vendor, and as such shall have no authorization, express or implied to bind WSCA-NASPO or the respective states to any agreements, settlements, liability or understanding whatsoever, and agrees not to perform any acts as agent for WSCA-NASPO or the states, except as expressly set forth herein. 16. INDIVIDUAL CUSTOMER. Except to the extent modified by a Participating Addendum, each Participating Entity shall follow the terms and conditions of the Master Agreement and applicable Participating Addendum and will have the same rights and responsibilities for their purchases as the Lead State has in the Master Agreement, including but not limited to, any indemnity or to recover any costs allowed in the Master Agreement and applicable Participating Addendum for their purchases. Each Purchasing Entity will be responsible for its own charges, fees, and liabilities, The Contract Vendor will apply the charges and invoice each Purchasing Entity individually. n modified b a Participating Addendum Contract Vendor shall .during the term of 17. INSURANCE. Except to the extent y p g g this Master Agreement, maintain in full force and effect,the insurance described in this section. Contract Vendor shall acquire such insurance from an insurance carrier or carriers licensed to conduct business in the Participating.Entity's state and having a rating of A-, Class VII or better, in the most recently published edition of Best's Reports. Failure to buy and maintain the required insurance may result in this Master Agreeme.nt's termination or at a Participating Entity's option, result in termination of its Participating Addendum. 10 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 112 of 479 Coverage shall be written on an occurrence basis.The minimum acceptable limits shall be as indicated below, with no deductible for each of the following categories: a. Commercial General Liability covering the risks of bodily injury(including death), property damage and personal injury, including coverage for contractual liability, with a limit of not less than $1 million per occurrence/$2 million general aggregate; b. Contract.Vendor must comply with any applicable State Workers Compensation or Employers Liability Insurance requirements. Contract Vendor shall pay premiums on all insurance policies. Such policies shall also reference this.Master Agreement and shall have a condition that they not be revoked by the insurer until thirty(30)calendar days after notice of intended revocation thereof shall have been given to Participating Entity by the Contract Vendor. Prior to commencement of the work, Contract Vendor shall provide to the Participating Entity a written endorsement to the Contract Vendor's general liability insurance policy that(i) names the Participating Entity as an additional insured, (ii) provides that no material alteration, cancellation, non-renewal, or expiration of the coverage contained in such policy shall have effect unless the named Participating Entity has been given at least thirty(30) days prior written notice, and (iii) provides that.the Contract Vendor's liability insurance policy shall be primary, with any liability insurance of the Participating Entity as secondary and noncontributory. Contract Vendor shall furnish to Participating Entity copies of certificates of all required insurance within thirty (30) calendar days of the Participating Addendum's effective date and prior to performing any work. Copies of renewal certificates of all required insurance shall be furnished within thirty(30) days after renewal date. These certificates of insurance must expressly indicate compliance with each and every insurance requirement specified in this section. Failure to provide evidence of coverage may, at the Lead State Master Agreement Administrator's sole option, result in this Master Agreement's termination. Coverage and limits shall not limit Contract Vendor's liability and obligations under this Master Agreement. 18. LAWS AND REGULATIONS. Any and all supplies, services and equipment offered and furnished shall comply fully with all applicable Federal and State laws and regulations. 19. LICENSE OF PRE-EXISTING INTELLECTUAL PROPERTY. DELETED—SEE SECTION 211330 FOR REVISED TERM ADDRESSING TITLE OF PRODUCT. 20. NO WAIVER OF SOVEREIGN IMMUNITY. The Lead State, Participating Entity or Purchasing Entity to the extent it applies does not waive its:sovereign immunity by entering into this Contract and fully retains all immunities and defenses provided by law:with regard to any action based on this Contract. If a claim must be brought in a federal forum,then it must be brought and adjudicated solely and exclusively within the United States District Court of the Participating Entity's State, 21. ORDER NUMBERS. Contract order and purchase order numbers shall be clearly shown on all acknowledgments,. shipping labels(if possible), packing slips, invoices, and on all correspondence. 22. PARTICIPANTS. WSCA-NASPO Cooperative Purchasing Organization LLC is not a party to the Master Agreement. It is a nonprofit cooperative purchasing organization assisting states in administering the WSCA/NASPO cooperative purchasing program for.state government departments, institutions, agencies and political subdivisions(e.g., colleges, school districts, counties, cities, etc.,)for all 50 states and the District of Columbia. Obligations under this Master Agreement are limited to those Participating States who have signed a Participating Addendum where contemplated by the solicitation. Financial obligations of Participating States are limited to the orders placed by the departments or other state agencies and institutions having available funds. Participating States incur no financial obligations on behalf of political subdivisions. Unless otherwise specified in the solicitation, the resulting award will be permissive. 23. PARTICIPATION OF ENTITIES. Use of specific WSCA-NASPO cooperative Master Agreements by state agencies, political subdivisions and other entities (including cooperatives) authorized by individual state's statutes to use state contracts are subject to the approval of the respective State Chief Procurement Official. Issues of interpretation and eligibility for participation are solely within the authority of the respective State Chief Procurement Official, 24. PAYMENT. Payment for completion of an order under this Master Agreement is normally made within 30 days following the date the entire order is delivered or the date a correct invoice is received, whichever is later. After 45 days the Contract Vendor may assess overdue account charges up to a maximum rate of one percent per month 11 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 113 of 479 on the outstanding balance. Payments will be remitted by mail. Payments may be made via a State or political j subdivision "Purchasing Card"with no additional charge, 25. PUBLIC INFORMATION.. The Master Agreement and all related documents are subject to disclosure pursuant to the Participating Entity's public information laws. 26. RECORDS ADMINISTRATION AND AUDIT. The disclosure of records in.Participating States relating to Participating addenda and orders placed against the Master Agreement shall be governed by the laws of the Participating.State and entity who placed the order. The Contractor shall maintain books, records, documents, and other evidence pertaining to this Master Agreement and orders placed by Purchasing Entities under it to the extent and in such detail as shall adequately reflect performance and administration of payments and fees. Contractor shall permit the Lead State, a Participating Entity, a Purchasing Entity, the federal government(including its grant awarding entities and the U.S. Comptroller General), j and any other duly authorized agent of a governmental agency, to audit, inspect, examine, copy and/or transcribe Contractor's books, documents, papers and records directly pertinent to this Master Agreement or orders placed by a Purchasing Entity under it for the purpose of making audits, examinations, excerpts, and transcriptions. This right shall survive for a period of five(5)years following termination of this Agreement or final payment for any order placed by a Purchasing Entity against this Agreement, whichever is later,to assure compliance with the terms hereof or to evaluate performance hereunder. Without limiting any other remedy available to any governmental entity, the Contractor shall reimburse the applicable Lead State, Participating Entity; or Purchasing Entity for an overpayments inconsistent with the terms of the Master Agreement or orders or underpayment of fees found as a result of the examination of the Contractor's records. The rights and obligations herein right exist in addition to any quality assurance obligation in the Master Agreement requiring the Contractor to self-audit contract obligations and that permits the Lead State Master Agreement Administrator to review compliance with those obligations. Records will be retained longer if required by Participating Entity's law. 27. REPORTS -SUMMARY AND DETAILED USAGE. In addition to other reports that may be required by this solicitation, the Contract Vendor shall provide the following WSCA-NASPO reports. a. Summary Sales Data. The Contractor shall submit quarterly sales reports directly to WSCA-NASPO using the WSCA-NASPO Quarterly Sales/Administrative Fee Reporting Tool found at httpa/www.naspo.orgANNCPO1Calculator.aspx. Any/all sales made under the contract shall be reported as cumulative totals by state. Even if Contractor experiences zero sales during a calendar quarter, a report is still required. Reports shall be due no later than the last day of the month following the end of the calendar quarter(as specified in the reporting tool). b. Detailed Sales Data. Contract Vendor shall also report detailed sales data by: state; entity/customer type, e.g., local government, higher education, K12, non-profit; Purchasing Entity name; Purchasing Entity bill-to and ship-to locations; Purchasing.Entity and Contract Vendor Purchase Order identifier/number(s); Purchase Order Type (e.g., sales order, credit, return, upgrade, determined by industry practices); Purchase Order date; Ship Date; and line item description, including product number if used. The report shall be submitted in any form required by the solicitation. Reports are due on a quarterly basis and must be received by the Lead State no later than the last I day of the month following the end of the reporting period. Reports shall be delivered to the Lead State and to the WSCA-NASPO Cooperative Development Team electronically through email; CD-Rom,jump drive or other electronic matter as determined by the Lead State. Detailed sales data reports shall include sales information for all sales under Participating Addenda executed under this Master Agreement. The.format for the detailed sales data report is in Section 6, Attachment H. c. Reportable sales for the summary sales data report and detailed sales data report includes sales to employees for personal use where authorized by the Participating Addendum. Specific data in relation to sales to employees for personal use to be defined in the final contract award to ensure only public information is reported. j d. Timely submission of these reports is a material requirement of the Master Agreement. The recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO I 12 CONTRACT NO. MNWNG-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 114 of 479 shall have a perpetual, irrevocable, non-exclusive, royalty free, transferable right to display, modify, copy, and otherwise use reports, data and information provided under this section. I 28. ACCEPTANCE AND ACCEPTANCE TESTING. A.Acceptance. Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) shall determine.whether all Products and Services delivered meet the. Contractor's published specifications (a.k.a. "Specifications"). No payment shall be made for any Products or Services until the Purchasing Entity has accepted the Products or Services. The Purchasing Entity will make every effort to notify the.Contractor within thirty(30)calendar days following delivery of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31St day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. B.Acceptance Testing.The Purchasing Entity(the entity authorized under the terms of any Participating Addendum to place orders under this Master Agreement) and the Contract Vendor shall determine if Acceptance Testing is applicable and/or required for the purchase. The terms in.regards to acceptance testing will be negotiated, in writing, as mutually agreed. If Acceptance Testing is NOT applicable,the terms regarding Acceptance in the Contract shall prevail. 29. SYSTEM FAILURE OR DAMAGE. In the event of system failure or damage caused by the Contract Vendor or its Product, the Contract Vendor agrees to use its commercially reasonable efforts to restore or assist in restoring the system to operational capacity. The Contract Vendor shall be responsible under this provision to the extent a'system' is defined.at the time of the Order; otherwise the rights of the Purchasing Entity shall be governed by the Warranty. 30. TITLE OF PRODUCT. NEGOTIATED. OWNERSHIP a. Ownership of Documents/Copyright.Any reports, studies, photographs, negatives, databases, computer programs, or other documents,whether in tangible or electronic forms, prepared by the Contract Vendor in the performance of its obligations under the Master Agreement and paid for by the Purchasing Entity shall be the exclusive property of the Purchasing Entity and all such material shall be remitted to the Purchasing Entity by the Contract Vendor upon completion, termination or cancellation of the Master Agreement.The Contract Vendor shall not use;willingly allow or cause to allow such material to be used for any purpose other than performance of the Contract Vendor's obligations under this Master Agreement without the prior written consent of the Purchasing Entity. b. Rights,Title and Interest. All:rights, title, and interest in all of the intellectual property rights, including copyrights, patents, trade secrets, trade marks, and service marks in the said documents that the Contract Vendor conceives or originates, either individually or jointly with others, which:arises out of the performance of the Master Agreement,will be the property of the Purchasing Entity and are, by the Master.Agreement, assigned to the Purchasing Entity along with ownership of any and all copyrights in.the copyrightable material. The Contract Vendor also agrees, upon the request of the Purchasing Entity, to execute all papers and perform all other acts necessary to assist the Purchasing Entity to obtain and register copyrights on such materials. Where applicable, works of authorship created by the Contract Vendor for the Purchasing Entity in performance of the Master Agreement shall be considered "works for hire"as defined in the U.S. Copyright Act. c. Notwithstanding the above,the Purchasing Entity will not own.any of the Contract Vendor's pre-existing intellectual property that was created prior to the Master Agreement and which the Purchasing Entity did not pay the Contract Vendor to create. Subject to payment in full for the products, equipment or services, the Contract Vendor grants the Purchasing Entity a perpetual, irrevocable, non-exclusive, royalty free license for Contract Vendor's pre-existing intellectual property that is contained in the products, materials, equipment or services that are purchased through this Master Agreement. Contract Vendor will retain all right, title and interest in and to all Intellectual Property Rights in or related to the services, or tangible components thereof, including but not limited to(a)all know-how, intellectual property; methodologies,.processes, technologies, algorithms, software or development tools used in performing the services, and (b) such ideas, concepts, know-how, processes and reusable reports, designs, charts, plans, specifications, documentation, forms,.templates or output which are developed, created or otherwise used by or on behalf of Contract Vendor in the course of performing the services 13 CONTRACT NO. MNWNC•108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 115 of 479 i I i or creating the deliverables, other than portions that specifically incorporate proprietary or Confidential Information or data of Ordering Entity(collectively,the"Residual IP"), even if embedded in the deliverable. 31. WAIVER OF BREACH. Failure of Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity to declare a default or enforce any rights and remedies shall not operate as a waiver under this Master Agreement or Participating Addendum. Any waiver by the Lead State or Participating Entity must be in writing. Waiver by the Lead State Master Agreement Administrator, Participating Entity, or Purchasing Entity of any default, right or remedy under this Master Agreement or Participating Addendum, or breach of any terms or requirements shall not be construed or operate as a waiver of any subsequent default or breach of such term or requirement, or of any other term or requirement under this Master Agreement, a Participating Addendum, or order. 32. WARRANTY. The warranty provided must be the manufacturers written warranty tied to the product at the time of purchase and must include the following:: (a)the Product performs according to the specifications(b)the Product is suitable for the ordinary purposes for which such Product is used, (c)the Product is designed and manufactured in a commercially reasonable manner, and (d)the Product is free of defects. j For third party products sold.by the Contract Vendor, the Contract Vendor will assign the manufacturer or publisher's warranty and maintenance. The Contract Vendor will provide warranty and maintenance call numt;rers and assist the customer in engaging the manufacturer on warranty and maintenance issues. Upon breach of the warranty, the Contract Vendor will repair or replace(at no charge to the Purchasing Entity)the Product whose nonconformance is discovered and made known to the Contract Vendor. If the repaired and/or replaced Product proves to be inadequate, or fails of its essential purpose, the Contract Vendor will refund the full amount of any payments that have been made. The rights and remedies of the parties under this Warranty are in addition to any other rights and remedies of the parties provided by law or so ordered by the court; 33. LIMITATION OF LIABILITY. NEGOTIATED. A. CONTRACT VENDOR WILL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING.OUT OF OR IN CONNECTION WITH THE PRODUCTS, SOFTWARE OR SERVICES PROVIDED HEREUNDER. EXCEPT FOR YOUR BREACH OF PAYMENT OBLIGATIONS OR CONFIDENTIALITY REQUIREMENTS, NEITHER PARTY SHALL HAVE LIABILITY FOR THE FOLLOWING: (1) LOSS OF REVENUE, INCOME, PROFIT OR SAVINGS; (2) LOST OR CORRUPTED DATA OR SOFTWARE, LOSS OF USE OF A SYSTEM OR NETWORK OR THE RECOVERY OF SUCH; (3) LOSS OF BUSINESS OPPORTUNITY; (4) BUSINESS INTERRUPTION OR DOWNTIME; OR(5) DELIVERABLES, DELL PRODUCTS OR THIRD-PARTY PRODUCTS NOT BEING AVAILABLE FOR USE. B. CONTRACT VENDOR'S TOTAL LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF QR IN CONNECTION WITH THIS AGREEMENT AND ALL PARTICIPATING ADDENDA SOURCEQ FROM THIS MASTER AGREEMENT(INCLUDING ANY PRODUCTS, SOFTWARE, OR SERVICES PROVIDED HEREUNDER) SHALL NOT EXCEED THE AGGREGATE AMOUNT OF TEN MILLION DOLLARS ($10,000,000). C. THESE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED IN. CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT OR OTHERWISE. THE PARTIES AGREE THAT THESE LIMITATION OF LIABILITY ARE AGREED ALLOCATIQNS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR CONTRACT VENDOR'S SALE OF PRODUCTS, SOFTWARE OR SERVICES TO ORDERING ENTITY,AND SUCH LIMITATIONS WILL APPY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES. 34. SERVICE AGREEMENTS. NEGOTIATED.Contract Vendor may provide Services, Software or Deliverables to you in accordance with one or more"Service Agreements." "Service Agreements"are service contract¢, including "Service Descriptions"available at www.dell.com/servicecontracts/us, "Statements of Work,"and any other such mutually agreed upon documents. Each Service Agreement will be interpreted as a single agreement, independent of any other Service Agreement, so that all of the provisions are given as full effect as possible. Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws. In the event of conflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the 14 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 116 of 479 E foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing. 35. SOFTWARE LICENSE. NEGOTIATED. Software(defined as any software, library, utility, tool, or other computer or program code, in object(binary)or source-code form as well as the related documentation provided by Contract Vendor to Purchasing Entity) is subject to the separate license agreements accompanying the Software, along with any product guides,'operating manuals, or other documentation included with the software media packaging or presented:to Purchasing Entity during the installation or use of the Software. Purchasing Entity agrees that it will be bound by such license agreement. Any and all licensing, maintenance, or order specific agreements referenced within the terms and conditions of this Master agreement are agreed to only to the extent that the terms do not conflict with the terms of the Participating Addendum or the Master Agreement, and to the extent the terms are not in conflict with the Participating Entities' applicable laws.. in the event of conflict the terms and conditions, the Participating Addendum, and then the Master Agreement shall take precedence, as detailed in the Order of Precedence defined herein. Notwithstanding the foregoing, licensing, maintenance agreements, or order specific agreements may be further negotiated by the Contract Vendor and the potential Purchasing Entity, provided the contractual documents are duly executed in writing. 36. EXPORT COMPLIANCE.: NEGOTIATED.Contract Vendor, Lead State and Purchasing Entities acknowledge that products(including software) sold or licensed under this Master Agreement are subject to the export control laws and regulations of the United States and other countries from which they were supplied and in which they are used and Purchasing Entity agrees to abide by those laws and regulations. Purchasing Entity warrants that any software provided by it and used as a part of the services supplied by Contract Vendor under this Master Agreement contains no encryption or to the extent that it contains encryption such software is approved for export under the relevant laws or regulations. 37. RETURNS AND EXCHANGES. NEGOTIATED. Contract Vendor's return policy can be found at www.dell.com/returnspolicy and applies to any returns and exchanges. Before returning or exchanging a Product, Purchasing Entity must contact Contract Vendor directly to obtain an authorization number to include with the return. Purchasing Entity must return Products to Contract Vendor in their original or equivalent packaging, and Purchasing Entity is responsible for risk of loss, as well as shipping and handling fees.Additional fees, including up to a 15% restocking fee, may apply. Restocking fees must be approved by the customer. If Purchasing Entity fails to follow the return or exchange instructions provided by Contract Vendor, Contract Vendor will not be responsible for any loss, damage, or modification of a Product, or processing of a Product for disposal or resale. Credit for partial returns may be less than invoice or individual component prices due to bundled or promotional pricing associated with the original purchase. This.restocking fee shall not apply in the case of Contract Vendor error. i i 15 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 117 of 479 MASTER AGREEMENT TERMS AND CONDITIONS C. MINNESOTA TERMS AND CONDITIONS 1. ACCEPTANCE OF PROPOSAL CONTENT. The contents of this RFP and selected portions of response of the successful Proposer will become contractual obligations, along with the final Master Agreement, if acquisition action ensues. The Lead State is solely responsible for rendering the decision in matters of interpretation of all terms and conditions. 2. ACCESSIBILITY STANDARDS. The State of Minnesota has developed IT Accessibility Standards effective September 1,2010, which entails, in part, the Web Content Accessibility Guidelines(WCAG)2.0(Level AA) and Section 508 Subparts A-D which can.be viewed at http:/Iwww.mmd.admin.state.mn.us/pdf/accessibility standard. df Responders must complete the WCAG VPAT form included in the FORMS section of the RFP. The completed VPAT form will be scored based on its compliance with the Accessibility Standards. The requested WCAG VPAT applies to the responder's website to be offered under the Contract. For products offered,VPATS are only to be provided upon request by the participating entity. Upon request by the participating entity, the responder must make best efforts to provide Voluntary Product Accessibility Templates(VPATS)for all products offered in its response. Click here for link to VPATS for both Section 508 VPAT and WCAG 2.0 VPAT http://mn.goy/oet`/policies-and-standards/accessibility)#. 3. ADMINISTRATIVE PERSONNEL CHANGES. The Contract Vendor must notify the Contract Administrator of changes in the Contract Vendor's key administrative personnel, in advance and in writing.Any employee of the Contract Vendor who,: in the opinion of the State of Minnesota, is unacceptable, shall be removed from the project upon written notice to the Contract Vendor. In the event that an employee is removed pursuant to a written request from the Acquisition Management Specialist, the Contract Vendor shall have 10 working days in which to fill the vacancy with an acceptable employee. 4. AMENDMENT(S). Master Agreement amendments shall be negotiated by the Lead State with the Contract Vendor whenever necessary to address changes in the terms and conditions, costs,timetable, or increased or decreased scope of work.An approved Master Agreement amendment means one approved by the authorized signatories of the Contract Vendor and the Lead State as required bylaw. 5. AMERICANS WITH DISABILITIES ACT (ADA). DELETED. 6. AWARD OF RELATED CONTRACTS. In the event the Lead State undertakes or awards supplemental Contracts for work related to the Master Agreement or any portion thereof, the Contract Vendor shall cooperate fully with all other Contract Vendors and the State in all such cases.All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. j I 7. AWARD OF SUCCESSOR CONTRACTS. In the event the State undertakes or awards a successor for work related to the Contract or any portion thereof, the current Contract Vendor shall cooperate fully during the transition with all other Contract Vendors and the State in all such cases. All Master Agreements between subcontractors and the Contract Vendor shall include a provision requiring compliance with this section. 8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, ]INELIGIBILITY AND VOLUNTARY EXCLUSION a. Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions. Instructions for certification: 1. By signing and submitting this proposal,the prospective lower tier participant[responder] is providing the certification set out below. I 2. The certification in.this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to whom this proposal [response] is submitted if at anytime the prospective lower tier participant learns that its certification 16 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 118 of 479 i was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily.excluded, as used in this clause, have the meaning set.out in the Definitions and Coverages section of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction [subcontract equal to or exceeding $25,000]with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled, "Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion—Lower Tier Covered Transaction,"without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended,ineligible,or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous.A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the list of parties excluded from federal procurement and nonprocurement programs. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for. debarment under 48 CFR part 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. b. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion —Lower Tier Covered Transactions. 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. I 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 9. CHANGE REQUESTS.The Lead State reserves the right to request, during the term of the Master Agreement, changes to the products offered. Products An during the term of the Master Agreement shall go through a formal review process.A formal process of changing the Master Agreement shall be developed during the negotiation of the Master Agreement. The Contract Vendor shall evaluate and recommend products for which agencies have an expressed need. The Lead State shall require the Contract Vendor to provide a summary of its research of those products being recommended for inclusion in the Master Agreement.as:Well as defining how adding the product will enhance the Master Agreement.The Lead State may request that products, other than those recommended, are added to the Master Agreement.. In the event that the Lead State desires to add new products and services that are not included in the original Master Agreement,the Lead State requires that independent manufacturers and resellers cooperate with the already established Contract Vendor in order to meet the Lead State's requirements. Evidence of the need to add products or services should be demonstrated to the Lead State. The Master Agreement shall be modified via supplement or 17 CONTRACT NO. MNWNC-106 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 119 of 479 amendment. The Lead State will negotiate the inclusion of the products and services with the Contract Vendor. No products or services will be added to the Master Agreement without the Lead State's prior approval. 10. CONFLICT MINERALS. Contract Vendor must provide information to the public on its website regarding the use of I conflict minerals, as required by Section 13(p)of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www:sec.gov/rules/final/2012/34-67716.Pdf. 11. COPYRIGHTED MATERIAL WAIVER.The Lead State reserves the right to use, reproduce and publish proposals in I any manner necessary for State agencies and local units of government to access the responses and/or to respond to h request for information pursuant to Minnesota Government Data Practices Act, , including but not limited to emailing, photocopying, State Intranet/Internet postings, broadcast faxing, and direct mailing. In the event that the response contains copyrighted or trademarked materials,:it is the responder's responsibility to obtain permission for the Lead State to reproduce and publish the information, regardless of whether the responder is the manufacturer or reseller of the products listed in the materials. By signing its response, the responder certifies that it has obtained all necessary approvals for the reproduction and/or distribution of the contents of its response and agrees to indemnify, protect, save and hold the Lead State, its representatives and.employees harmless from any and all claims arising from the violation of this section and agrees to pay all legal fees incurred by the Lead State in the defense of any such action. 12. EFFECTIVE DATE. Pursuant to Minnesota law,the Master Agreement arising from this RFP shall be effective upon the date of final execution by the Lead State, unless a later date is specified in the Master Agreement. 13. FOREIGN OUTSOURCING OF WORK. Upon request, the Contract Vendor is required to provide information regarding the location of where services, data storage and/or location of data processing under the Master Agreement will be performed. 14. GOVERNMENT DATA PRACTICES. The Contract Vendor and the Lead State must comply with the Minnesota Government Data Practices.Act, Minn.-Stat. Ch. 13, (and where applicable, if the Lead State contracting party is part of the judicial branch, with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time)as it applies to all data provided by the Lead State to the Contract Vendor and all data provided to the Lead State by the Contract Vendor. In addition, the Minnesota Government Data Practices Act applies to all data created, collected, received, stored, used, maintained, or disseminated by the Contract Vendor in accordance with the Master Agreement that is private, nonpublic, protected nonpublic, or confidential as defined by the Minnesota Government Data Practices Act, Ch. 13 (and where applicable, that is not accessible to the public under the Rules of Public Access to Records of the Judicial Branch). In the event the Contract Vendor receives a request to release the data referred to in this article,the Contract Vendor must immediately notify the Lead State. The Lead State will give the Contract Vendor instructions concerning the release of the data to the requesting party before the data is released. The civil remedies of Minn. Stat. § 13.08, apply to the release of the data by either the Contract Vendor or the Lead State. The Contract Vendor agrees to indemnify, save, and hold the State of Minnesota, its agent and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation of any provision of the Minnesota Government Data Practices Act(and where applicable, the Rules of Public Access to Records of the Judicial Branch), including legal fees and disbursements paid or incurred to enforce this provision of the Master Agreement. In the event that the Contract Vendor subcontracts any or all of the work to be performed under the Master Agreement, the Contract Vendor shall retain responsibility under the terms of this article for such work. 15. HAZARDOUS SUBSTANCES.To the extent that the goods to be supplied by the Contract Vendor contain or may create hazardous substances, harmful physical agents or infectious agents asset forth in applicable State and federal laws and regulations, the Contract Vendor must provide Material Safety Data Sheets regarding those substances.A copy must be included with each delivery. 16. HUMAN RIGHTSIAFFIRMATIVE ACTION.The Lead State requires affirmative action compliance by its Contract Vendors in accordance with.Minn. Stat. § 363A.36 and Minn. R. 5000..:3400 to 5000.3600. a. Covered contracts.and Contract Vendors. One-time acquisitions, or a contract for a predetermined amount of goods and/or services, where the amount of your response is in excess of$100,000 requires completion of the Affirmative Action Certification page. If the solicitation is for a contract for an indeterminate amount of goods and/or services, and the State estimated total value of the contract exceeds$100,000 whether it will be a multiple award contract or not, you must complete the Affirmative Action Certification page. If the contract dollar amount or the State estimated total contract amount exceeds$100,000 and the Contract Vendor employed more than 18 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 120 of 479 i i 40 full-time employees on a single working day during the previous 12 months in Minnesota or in the state where it has its principal place of business, the Contract Vendor must comply with the requirements of Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600. A Contract Vendor covered by Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400 to 5000.3600 that had more than 40 full-time employees within Minnesota on a single working day during the previous 12 months must have a certificate of compliance issued by the commissioner of the Department of Human Rights (certificate of compliance). A Contract Vendor covered by Minn. Stat. §363A.36, subd. 1 that did not have more than 40 full-time employees on a single working day during the previous 12 months within Minnesota but that did have more than 40 full-time employees in the state where it has its principal place of business and that does not have a certificate of compliance must certify that it is in compliance with federal affirmative action requirements. b. Minn. Stat. §363A.36, subd. 1 requires the Contract Vendor to have an affirmative action plan for the employment of minority persons, women, and qualified disabled individuals approved by the commissioner of the Department of Human Rights (commissioner) as indicated by a certificate of compliance. Minn. Stat. § 363A.36 addresses suspension or revocation of a certificate Of compliance and contract consequences in that event.A contract awarded without a certificate of compliance may be voided. c. Minn, R. 5000.3400-5000.3600 implement Minn. Stat.§363A.36. These rules include, but are not limited to, criteria for contents, approval, and implementation of affirmative action plans; procedures for issuing certificates of Compliance and criteria for determining a Contract Vendor's compliance status; procedures for addressing deficiencies, sanctions, and notice and hearing; annual compliance reports; procedures for compliance review; and contract consequences for noncompliance. The specific criteria for approval or rejection of an affirmative action plan are contained in various provisions of Minn. R. 5000.3400-5000.3600 including, but not limited to, parts 5000.3420-5000.3500 and parts 5000.3552-5000.3559. d. Disabled Workers. Minn.R. 5000.3550 provides the Contract Vendor must comply with the following affirmative action requirements for disabled workers. AFFIRMATIVE ACTION FOR DISABLED WORKERS (a) The Contract Vendor must not discriminate against any employee or applicant for employment because of physical or mental disability in regard to any position for which the employee or applicant for employment is qualified. The Contract:Vendor agrees to take affirmative action to employ, advance in employment, and otherwise treat qualified disabled persons without discrimination based upon their physical or mental disability in all employment practices such as the following: employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (b) The.Contract Vendor agrees to comply with the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (c) In the event of the Contract Vendor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with Minn. Stat. §363A.36 and the rules and relevant orders of the Minnesota Department of Human Rights issued pursuant to the Minnesota Human Rights Act. (d) The Contract Vendor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the commissioner of the Minnesota Department of Human Rights. Such notices must state the Contract Vendor's obligation under the law to take affirmative action to employ and advance in employment qualified disabled employees and applicants for employment, and the rights of applicants and employees: (e) The Contract Vendor must notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contract Vendor is bound by the terms of Minn. Stat. § 363A.36 of the Minnesota Human Rights Act and is committed to take affirmative action to employ and advance in employment physically and mentally disabled persons. e. Consequences. The consequences of a Contract Vendor's failure to implement its affirmative action plan or make a good faith effort to do so include, but are not limited to, suspension or revocation of a certificate of compliance by the commissioner, refusal by the commissioner to approve subsequent plans, and termination of all or part of the Contract by the commissioner or the State. 19 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 121 of 479 f. Certification. The Contract Vendor hereby certifies that it is in compliance with the requirements of Minn. Stat. §363A.36, subd. 1 and Minn. R. 5000.3400-5000.3600 and is aware of the consequences for noncompliance. It is agreed between the parties that Minn. Stat. 363.36 and Minn. R. 5000.3400 to 5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minn. Stat. §363A.36 and Minn. R. 5000.3400 to 5000.3600 are available upon request from the contracting agency. 17. INDEMNIFICATION.NEGOTIATED.The Contract Vendor shall indemnify, protect, save and hold harmless the Lead State and.the Participating Entity, its representatives and employees, from any and all third party claims or causes of action for personal bodily injury, including death, and damage to tangible personal property, including all legal fees incurred by the Lead State and the Participating Entity arising from the negligence in the performance of the Master f Agreement by the Contract Vendor or its agents, employees, or subcontractors.This clause shall not be construed to bar any legal remedies the Contract Vendor may have with the Lead State's and Participating Entity's failure to fulfill its obligations pursuant to the Master Agreement. If the Participating Entity's laws require approval of a third party to defend Participating Entity, Participating Entity will j seek such approval and if approval is not received, Contract Vendor is not required to defend that Participating Entity. 18. INTELLECTUAL PROPERTY INDEMNIFICATION. NEGOTIATED In the event of any such claim by any third party against the Participating Entity that Products, Software, Services or Deliverables (excluding Third-Party Products and open source software) prepared or produced by Dell and delivered pursuant to this Agreement infringe or misappropriate that third party's U.S. patent, copyright, trade secret, or other intellectual property rights ("Indemnified Claims"),the Participating Entity shall promptly notify the Contract Vendor. The Contract Vendor, at its own expense, shall indemnify; defend to the extent permitted by the Participating Entity's laws, and hold harmless the Participating Entity against any loss, cost, expense, or liability(including legal fees)arising out of such a claim,whether or not such claim is successful against the Participating Entity. If Contract Vendor receives prompt notice such a claim that in the Contract Vendor's opinion is likely to result in an adverse ruling, the Contract Vendor shall at its option (1)obtain a right for the Participating Entity to continue using such Products, Deliverables or Software or allow Contract Vendor to continue performing the Services; (2) modify such Products, Software, Services or Deliverables to make them non-infringing; (3) replace such Products, Software, Services or.Deliverables with a non-infringing equivalent; or(4) refund any pre-paid fees for the allegedly infringing Services that have not been performed or provide a reasonable depreciated or pro rata refund for the allegedly infringing Product, Deliverables or Software. Notwithstanding the foregoing, Contract Vendor shall have no obligation under this Section for any claim resulting or arising from (1) modifications of the Products, Software, Services Deliverables that were not performed by or on behalf of Contract Vendor;(2)the combination, operation, or use of the Products, Software, Services or Deliverables in connection with a third-party product, software or service(the combination of which causes the claimed infringement); or(3) Contract Vendor's compliance with Participating Entity's written specifications or directions, including the incorporation of any software or other materials or processes provided by or requested by Participating Entity. Contract Vendor's duty to indemnify and defend under this Section is contingent upon: (x) Contract Vendor receiving prompt written notice of the third-party claim or action for which Contract Vendor must indemnify Participating Entity, (y) Contract Vendor having the right to solely control the defense and resolution of such claim or action, and (z) Participating Entity's cooperation with Contract Vendor in defending and resolving such claim or action. This Section states Participating Entity's exclusive remedies for any third-party intellectual property claim or action, and nothing in this Agreement or elsewhere will obligate Contract Vendor to provide any greater indemnity to Participating Entity. 19. JURISDICTION AND VENUE.This RFP and any ensuing Master Agreement, its amendments and supplements thereto, shall be governed by the laws of the State of Minnesota, USA.Venue for all legal proceedings arising out of the Master Agreement, or breach thereof, shall be in the State or federal court with competent jurisdiction in Ramsey County, Minnesota. By submitting a response to this Request for Proposal, a Responder voluntarily agrees to be subject to the jurisdiction of Minnesota for all proceedings arising out of this RFP, any ensuing Master Agreement, or any breach thereof. 20. LAWS AND REGULATIONS. Any and all services, articles or equipment offered and furnished must comply fully with all local, State and federal laws and regulations, including Minn. Stat. § 181.59 prohibiting discrimination and business registration requirements of the Office of the Minnesota Secretary of State. 21. NONVISUAL ACCESS STANDARDS. Pursuant to Minn. Stat. § 16C.145, the Contract Vendor shall comply with the following nonvisual technology access standards 20 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 122 of 479 i I a. That the effective interactive control and use of the technology, including the operating system applications j programs, prompts, and format of the data presented, are readily achievable by nonvisual means; b. That the nonvisual access technology must be compatible with information technology used by other individuals with whom the blind or visually impaired individual must interact; c. That nonvisual access technology must be integrated into networks used to share communications among employees, program participants, and the public; and d. That the nonvisual access technology must have the capability of providing equivalent access by nonvisual means to telecommunications or other interconnected network services used by persons who are not blind or visually impaired. These standards do not require the installation of software or peripheral devices used for nonvisual access when the information technology is being used by individuals who are not blind or visually impaired. 22. NOTICE TO RESPONDERS. Pursuant to Minn. Stat. §270C.65, subd. 3, Contract Vendors are required to provide their Federal Employer Identification Number or Social Security Number. This information may be used in the enforcement of federal and State tax:laws. Supplying these numbers could result in action to require a Contract Vendor to file tax returns and pay delinquent tax liabilities. These numbers will be available to federal and State tax authorities and State personnel involved in the payment of State obligations. 23. ORGANIZATIONAL CONFLICTS OF INTEREST. The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons: • a Contract Vendor is unable or potentially unable to render impartial assistance or advice to the State; a the Contract Vendor's objectivity in performing the work is or might be otherwise impaired; or • the Contract Vendor has an unfair competitive advantage. The Contract Vendor agrees that if an organizational.conflict of interest is discovered after award, an immediate and full disclosure in writing shall be made to the Assistant Director of the Department of Administration's Materials Management Division that shall include a description of the action the Contract Vendor has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, the State may, at its discretion, cancel the Master Agreement. In the event the Contract Vendor was aware of an organizational conflict of interest prior to the award of the Master Agreement and did not disclose the conflict to the Master Agreement Administrator,the State may terminate the Master Agreement for default. The provisions of this clause shall be included in all subcontracts for work to be performed,and the terms"Contract,""Contract Vendor,""Master Agreement", "Master Agreement Administrator"and "Contract Administrator" modified appropriately to preserve the State's rights. 24. PAYMENT CARD INDUSTRY DATA SECURITY STANDARD AND CARDHOLDER INFORMATION SECURITY. Contract Vendor assures all of its Network Components, Applications, Servers, and Subcontractors(if any) comply with the Payment Card Industry Data:Security Standard ("PCIDSS"). "Network Components" shall include, but are not limited to, Contract Vendor's firewalls, switches, routers, wireless access points, network appliances, and other security appliances; "Applications"shall include, but are not limited.to, all purchased and custom external (web) applications. "Servers" shall include, but are not limited to, all of Contract Vendor's web, database, authentication, DNS, mail, proxy, and NTP servers. "Cardholder Data" shall mean any personally identifiable data associated with a cardholder; including, by way of example and without limitation, a cardholder's account number, expiration date, name, address, social security number, or telephone number. Subcontractors (if any) must be responsible for the security of all Cardholder Data in its possession; and will only use Cardholder Data for assisting cardholders in completing a transaction, providing fraud control services, or for other uses specifically required by law. Contract Vendor must have a business continuity program which.conforms to PCIDSS to protect Cardholder Data in the event of a major disruption in its operations or in the event of any other disaster or system failure which may occur to operations; will continue to safeguard Cardholder Data in the event this Agreement terminates or expires; and ensure that a representative or agent of the payment card industry and a representative or agent of the State shall be provided with full cooperation and access to conduct a thorough security 21 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 123 of 479 i review of Contract Vendor's operations, systems, records, procedures, rules, and practices in the event of a security intrusion in order to validate compliance with PCIDSS. 25. PERFORMANCE WHILE DISPUTE!S PENDING. Notwithstanding the existence of a dispute, the parties shall continue.without delay to carry out all of their responsibilities under the Master Agreement that are not affected by the dispute. If a party fails to continue without delay to perform its responsibilities under the Master Agreement, in the accomplishment of all undisputed work, any additional cost incurred by the other parties as a result of such failure to proceed shall be borne by the responsible party. 26. PREFERENCE. Targeted/Economically Disadvantaged.ln accordance with Minn. Stat.§ 16C.16, subds. 6 and 7, eligible certified targeted group (TG) businesses and certified economically.disadvantaged (ED) businesses will receive a 6 percent preference on the basis of award for this RFP. The preference is applied only to the first$500,000 of the response to the RFP. Eligible TG businesses must be currently certified by the Materials Management Division prior to the bid opening date and time. To verify TG/ED certification, refer to the.Materials Management Division's web site at www.mmd.admin.state.mn.usunder"Vendor Information, Directory of Certified TG/ED Vendors." To verify TG eligibility for preference, refer to the Materials Management Division's web site under"Vendor j Information, Targeted Groups Eligible for Preference in State Purchasing" or call the Division's HelpLine at 651.296.2600: Reciprocal Preference. In accordance with Minn. Stat. §16C.06, subd 7,the acquisition of goods or services shall be allowed a preference over a non-resident vendor from a state that gives or requires a preference to vendors from that j state, the preference shall be equal to the preference given or required by the state of the non-resident vendor. If you wish to be considered a Minnesota Resident vendor you must claim that by filling out the Resident Vendor Form included in this solicitation and include it in your response, I Veteran. In accordance with Minn. Stat. § 16C.16, subd..6a, (a) Except when mandated by the federal government as a condition of receiving federal funds, the commissioner shall award up to a six percent preference in the amount bid on state procurement to certified small businesses that are majority-owned and operated by: (1) recently separated veterans who have served in active military service, at anytime on or after September 11, 2001, and who have been discharged under honorable conditions from active service, as indicated by the person's United States Department of Defense form DD-214 or by the commissioner of veterans affairs; (2) veterans with service-connected disabilities, as determined at anytime by the United.States Department of Veterans Affairs; or (3) any other veteran-owned small businesses certified under section 16C.19, paragraph (d). In accordance with Minn. Stat. § 16C.19(d), a veteran-owned small business,the principal place of business of which is in Minnesota, is certified if it has been verified by the United States Department of Veterans Affairs as being either a veteran-owned small business or a:service disabled veteran-owned small business, in accordance with Public Law 109-461 and Code of.Federal Regulations, title 38, part 74. To receive a preference the veteran-owned small business must meet the statutory requirements above by the solicitation opening date and time. The preference is applied only to the first$500,000 of the response. If responder is claiming the veteran-owned preference, attach documentation, sign and return form with response to the solicitation. Only eligible veteran-owned small businesses that meet the statutory requirements and provide adequate documentation will be given the preference. 27. PUBLIC INFORMATION. Once the information contained in the responses is deemed public information, interested parties may request to obtain the public information. You may call 651.201.2413 between the hours of 8:00 a.m. to 4:30 p.m. to arrange this. 28. PUBLICITY. Any publicity given to the program, publications or services provided resulting from a State contract for goods or services, including but not limited to notices, informational pamphlets, press releases, research, reports, signs and similar public notices prepared by or for the Contract Vendor, or its employees individually or jointly with others, or any subcontractors, shall identify the State as the sponsoring agency and shall not be released, unless such release is a specific part of an approved work plan included in the Master Agreement prior to its approval by the State's Authorized Representative and the State's Assistant Director or designee of Materials Management Division. The Contract Vendor shall make no representations of the State's opinion or position as to the quality or effectiveness of the products and/or services that are.the subject of the Master Agreement without the prior written consent of the 22 CONTRACT NO. MNWNC-908 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 124 of 479 i i i State's Assistant Director or designee of Materials Management Division. Representations include any publicity, including but not limited to advertisements, notices, press releases, reports, signs, and similar public notices. 29. PURCHASE ORDERS. NEGOTIATED. The State requires that there will be no minimum order requirements or charges to process an individual purchase order. The Master Agreement number and the PO number must appear on all documents(e.g., invoices, packing slips, etc.).The Ordering Entity's purchase order constitutes a binding contract. Unless otherwise expressly agreed between a Purchasing Entity and the Contract Vendor, any preprinted terms on the Purchasing Entity's purchase order shall be given no force or effect and no terms of a purchase order that conflict with this Master Agreement or the Participating Addendum shall be binding on Contract Vendor. 30. RIGHTS RESERVED. Notwithstanding anything to the contrary, the State reserves the right to: a. :reject any and all responses received; b. select, for Master Agreements or for negotiations, a response other than that with the lowest cost; c. waive or modify any informalities, irregularities, or inconsistencies in the responses received; d. negotiate any aspect of the proposal with any responder and negotiate with more than one responder; e. request a BEST and FINAL OFFER, if the State deems it necessary and desirable;and f. terminate negotiations and select the next response providing the best value for the State, prepare and release a new RFP, or take such other action as the State deems appropriate if negotiations fail to result in a successful Master Agreement. 31. RISK OF LOSS OR DAMAGE, The State is relieved of all risks of loss or damage to the goods and/or equipment during periods of transportation, and installation by the Contract Vendor and in the possession of the Contract Vendor or their authorized agent. 32. SEVERABILITY. If any provision of the Master Agreement, including items incorporated by reference, is found to be illegal, unenforceable, or void,then both the State and the Contract Vendor shall be relieved of all obligations arising under such provisions. If the remainder of the Master Agreement is capable of performance it shall not be affected by such declaration or finding and shall be fully performed. 33. STATE AUDITS (Minn. Stat. § 16C.05, subd. 5). The books, records, documents, and accounting procedures and practices of the Contract Vendor or other party, that are relevant to the Master Agreement or transaction are subject to examination by the contracting agency and either the Legislative Auditor or the State Auditor as appropriate for a minimum of six years after the end of the Master Agreement or transaction. The State reserves the right to authorize delegate(s)to audit this Master Agreement and transactions. 34. SURVIVABILITY.The following rights and duties of the State and responder will survive the expiration or cancellation of the resulting Master Agreements. These rights and duties include, but are not limited to paragraphs: j Indemnification, Hold Harmless and Limitation of Liability, State Audits, Government Data Practices, Governing Law, Jurisdiction and Venue, Publicity, Intellectual Property Indemnification, and Admin Fees. i 35. TRADE SECRETICONFIDENTIAL INFORMATION.Any information submitted as Trade Secret must be identified and submitted per the Trade Secret Form and must meet Minnesota Trade Secret as defined in Minn. Stat. § 13.37 i 23 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.R Page 125 of 479 I COMPUTER EQUIPMENT IiIHOSO)LI2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING 1. BAND(S)AWARDED: Band 1: Desktop Band 2: Laptop Band 3: Tablet Band 4: Server Band 5: Storage. 2. PRICE STRUCTURE.The contract employs a MINIMUM discount-off baseline price list structure with category exceptions for each band. The category discounts may be higher or lower than the than the band discount. The minimum discount and categorized exceptions will be applied to all"quantity one' procurements.An end user will be able to verify pricing using the named base line price list and the minimum discounts with the categorized exceptions provided in the Master Agreement. 3. PRICE GUARANTEE.These discounts must remain firm, or the discount may be increased, during the term of the Master Agreement. 4. BASELINE PRICE LIST.The Base Line Price is designated in the Pricing Discount Schedule. The Base Line Price List must be accessible and verifiable by potential end users preferably on the Contract Vendor Website.All historic versions of the Baseline Price List must be made available upon request pursuant to the audit provisions. 5. PRODUCT AND SERVICE SCHEDULE(PSS).The Product and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The:PSS serves as the Contract Catalog. The PSS will be submitted to the Lead State following contract award.and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States restrictions. 6. CHANGES TO THE PSS. Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 7. BULKIVOLUME PRICING. Further bulk/quantity savings may be obtained when additional quantities are requested. Additional savings are expected when competing awarded vendors for volume pricing. 8. PROMOTIONAL OFFERS. Contract Vendors may provide promotions for deeply discounted products based on their inventory and sales. The Contract Vendors will be responsible to market these offers. 9. PREMIUM SAVINGS PACKAGE PROGRAM. Contract Vendors participating in the Premium Savings Package (PSP) Program will commit to the standard configurations. The standards currently are refreshed every six months (May and November). Refresh.schedule is subject to change. See current configurations: htti)://www.wnpsp.com/index.htmi. States and other Participating Entities can choose to purchase these packages without any signing additional documents. 10. TRADE-IN. Trade-In Programs are the option of the Participating Entity. The Participating Addendum by each State may address the allowance of Trade-Ins. 11. SERVICES.Services are at the option of the Participating Entity. The Participating Addendum by each State may address service agreement terms and related travel. 24 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 126 of 479 i I 12. LEASING.The Discount schedule will indicate if the Contract Vendor provides leasing. Participating Entities may enter in to lease agreements if they have the legal authority to enter into these types of agreements. The Participating Addendum by each State will identify if and how leasing agreement terms will be conducted. 13. FREIGHT.All prices shall be FOB Destination, prepaid and allowed (with freight included in the price), to the address, j receiving dock or warehouse as specified on the ordering agency's purchase order, In those situations in which the "deliver-to"address has no receiving dock or agents,the Contract Vendor must be able to deliver to the person specified on the PO without additional cost. If there is a special case where inside delivery fee must be charged, the Contract Vendor will notify the customer in advance in order for the customer to determine if the additional cost will affect the decision to utilize the Contract Vendor:. 14. DELIVERY. Delivery of ordered product should be completed within thirty(30)calendar days after receipt of an order, unless otherwise agreed to by the ordering agency. I 25 CONTRACT N0. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 127 of 479 COMPUTER EQUIPMENT IiIHIHOSOtdtip( 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT B - PRICING SCHEDULE 1. BASELINE PRICING DELL RETAIL PRICE LIST LINK: htta./iftobox.us.dG]I.com/sicitweekiYIM ricers ort df 2. ■ DISCOUNTS–(CATEGORY • BANDS) CATEGORY • DESKTOPBAND 1 BAND 2 LAPTOP BAND 3 TABLET H 4% •+ ■4 SERVER A 115% .+ ■ 5 STORAGE + IMPORTANT: The:minimum discount is provided,refer to Contract Vendor's Website for any additional discounts and request a q uote for bulk/volume discounts.All prices shall be FOB Destination,prepaid and allowed(with freight included in the price).If there is a special case where inside delivery fee must be charged,the Contract Vendor will notify the customer in.advance. h CATEGQRY;EXCEPTI0N5 Toner F 1.5% i UaIUe`Latitude,:p tiPtex;Vlforkstatoiz,Selectedpfodutts H 4% , Selected Promo Offers,Inspiron;Selected Latitude,SC PowerEdge;Selected Dell j EMC,DeII Branded S 2.5% Peri heralsllma in : PowerConnect,Axim,Projector,Printer $.are-Warts selee d Dirnerislbn3. B.iand THIRD PARTY PRODUCTSBANDS)„ GATI=GORY—EXCEPTIONS”, Selected Third PartyProducts(software andperipherals) X .5% Selected Third Pa. Printers; ° 4. SERVICES Services are;at the option of ParlI'*"' ig$totes",;Participating Addendurils by each State may atldress'senrice agreement terms and related travel.States tray negotiate additional senrici?s The itialonry'of Dell branded hardware`includes a'one year tivan-anty; Customer may purchase warranty upgrades-:for 2,3 yearsfor certain Deil branded ha[dware as offered py DeII dor Dell standard warranty mformafion see hit';l/uywtiv,doll comlleaminsler iuscq ,.�lsoliitionsllimited=fa'a *6 a+nrarrartiies Selected Service on Poweredge Departmental Servers;Directline Service;.4-Hr On-Site Critical Care Plus; O 13.3% Business CarePlus On-Site Service(all years `''On.site, Next Business:Da "OnsiteXtended rs,'CnticaCOare On-site Service%all' rs;=other SVE877,777 5. LEASING Participating Addendum ma identify if and how Ieasin a reement terms will be conducted. 6. ADDITIONAL DISCOUNTS a. Per Transaction Multiple Unit:Contact your Sales Representative for additional discounts for volume purchases. Minimum Dollar Volume Associated with Maximum Dollar Volume Associated with Cat A only,Single Transaction,Maximum of 10 ship to Single Transaction Single Transaction Locations $50,000.00 $99,999.99 Greater than or Equal to 1% $100,000.00 $199,999.99 Greater than or Equal to 2% $200,000.00 $499,999.99 Greater than or Equal to 4% $500,000.00 $999,999.99 Greater than or Equal to 6% $1,000,000.00 1 No Maximum Greater than or Equal to 8% b. Cumulative:Cumulative Discounts are managed at the Master Agreement Level based on total volume. Cumulative Dell Spend"Gates" Category A Discount Adjustment to.the Matrix U to$2B 13.5% $213 to$413 14% $4B to$fib 14.5% $6B to$86 15% $813 to$1013 15.5% Over$10B 16% c. Other Discounts provided:For purchases made online via Dell.com,Dell offers an additional 0.5%per category,except for Category O. For online purchases of Category O Services,Dell will offer a 13.5%discount. 26 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 128 of 479 COMPUTER EQUIPMENT �.. .. i!t78S8)td7 2014-2019 DEPARTMENT:OF AnMrNIsrRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT C - PRODUCT AND SERVICE SCHEDULE (PSS) 1. MAINTAINING THE PSS. The Product and Service Schedule(PSS) identifies a complete listing of all products and services included in the awarded Master Agreement. The PSS serves as the WSCA-NASPO Contract Catalog. The PSS will be submitted to the Lead State following contract award and must be approved by the Lead State prior to the start of any sales. The PSS must be available on the Contract Vendor website for end users to verify pricing based on the minimum discounts with category exceptions provided off a designated base line price list. The Contract Vendor will work with each State to develop a satisfactory PSS reflecting the individual States.restrictions. The Contract Vendor will work to develop a PSS satisfactory to the Lead State prior to the start of sales and containing the following information: a. Band number b. Part#-SKU# c. Manufacturer d. Description e. Minimum Discount f. Category Code(This code will be refined during the approval process) g. Other fields approved by the Lead State 2. CHANGES TO THE PSS: Contract Vendor will request changes to the PSS utilizing an Action Request Form (ARF) Submittals will be reviewed by the Lead State quarterly. Obsolete and discontinued products will be removed. 3. FORMAT: The format for the final product and service schedule will be approved within 30 days of contract award. j Suggested format is provided below: MANUFACTURER NAME DATE: BASELINE PRICE LIST: LINK: i BAND Part#-SKU# MANUFACTURER DESCRIPTION MINIMUM CATEGORY DISCOUNT CODE 1 XYZ ABC DESKTOP 60% 1M 2 550 ZZZZZZZ LAPTOP CART 10% 2TM 3 123A ABC SUPER TABLET 25% 3A 4. THIRD PARTY PRODUCTS:A list of third party products is to be submitted to the Lead State.Approval must be received from the Lead State prior to adding third party products to the Product and Service Schedule. Master Agreement restrictions of third party products include: a. Contract Vendors can only offer Third Party Products in the bands they have been awarded. b. Contract'Vendor cannot offer products manufactured by another Contract Vendor holding a Minnesota WSCA-NASPO Master Agreement unless approved by the Lead State. c. The Contract Vendor will assign the manufacturer or publisher's warranty and maintenance.The Contract Vendor will provide warranty and maintenance call numbers and assist the customer in engaging the manufacturer on warranty and maintenance issues. d. Any additions to the Third Party Product list must be submitted utilizing.the Action Request Form. e. The approved Third Party Product list will be clearly posted on the Vendor provided website and updated as products are approved. i i 27 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 129 of 479 i I I I I i i I COMPUTER EQUIPMENT INTOSO)ItHy 2014-2019 DEPARTMENT OF ADMINISTRATION I MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD i EXHIBIT D - WEBSITE 1. IMPLEMENTATION.Within 30 calendar days of Master Agreement award, the Contract Vendor must provide a sample URL of the Master Agreement webpage to the Lead State for review and approval. The Lead State will review and determine acceptability of the website format and data. if the information is determined to be unacceptable or incorrect, the Contract Vendor will have 15 calendar days to provide revisions to the Lead State. Once the website is approved,the Contract Vendor may not make material changes to the website without notifying the Lead State and receiving written approval of the changes utilizing the Action Request Form. The Contract Vendor must continue to monitor and update the website throughout the life of the contract. Periodic audits may be conducted to ensure websites are updated and Contract Vendors will be expected to correct deficiencies. i 2. WEBSITE CONTENT. The website must be separate from the Contract Vendor's commercially available(i.e., public) on-line catalog and ordering systems. Contract Vendor agrees to pursue design of a website to include the items listed below. The Lead State will review and determine acceptability of the website format and data as stated in Item 1 above. a. Baseline Price List and historic versions b. Approved Product and Service Schedule(PSS) c. Product specifications, pricing, and configuration aids for the major product categories proposed that can be used to obtain an on-line quote d. Third Party Product list.will be clearly posted on the Vendor provided website and updated as products are approved . e. Link to the WSCA-NASPO EmarketCenter f. Online ordering capability with the ability to remember multiple ship to locations if applicable to product g. Contact information for order placement, service concerns(warranty and maintenance), problem reporting, and billing concerns h. Sales representatives for participating entities is Purchase order tracking j. Available Twenty-four(24) hours per day, seven (7) days per week availability, except for regularly scheduled maintenance k. Additional Terms may.not be posted on the Website without written approval of the Lead State I. Link to the WSCA-NASPO EmarketCenter if a State is participating m. Information on accessibility and accessible products n. If participating in Premium Savings Package Program, lead.with these products and display prominently on the website o. Links to environmental certification, including but not limited to take-back/recycling programs, p. Information regarding the use of Conflict minerals, as required by Section 13(p) of the Securities Exchange Act of 1934, as amended, and the rules promulgated thereunder. See: http://www.sec.gov/rules/final/2012/34-677.16.pdf q. Service options, service agreements for negotiations when allowed by a participating addendum r. EPEAT, Energy Star, etc. s. Link to Signed Participating Addendums t. Link to Signed Master Agreement u. Link to solicitation and Response 3. TERMINATION Upon termination or expiration of the Master Agreement awarded from this RFP all websites, on-line offering systems and Electronic Catalog functions supported and/or available as part of the Master Agreement will i cease and be removed from public viewing access without redirecting to another website. I 28 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. i Page 130 of 479 i COMPUTER EQUIPMENT ... 2014-2019 DEPARTMENT OF ADMIN15TRAVON MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST UPDATE FORM (ARF) The Action Request Form (ARF) provided in this document must be utilized by the Contract Vendor to provide quarterly updates of PSS and to make requests..The Action Request Forms may be reviewed quarterly by the Lead State. DATE: ATTN: WSCA-NASPO Master Agreement Administrator RE: Master Agreement# with (Contract Vendor) Dear WSCA-NASPO Master Agreement Administrator: (Contract Vendor) is providing the following update and/or requesting the action noted below. Action Requested: Action Log: Verify Log is attached SELECT ACTION BELOW AND PROVIDE REQUIRED INFORMATION: _Update of Product&Service Schedule Provide summary of additions, deletions and pricing changes. NOTE: THIS WILL BE A NOTIFICATION OF CHANGES TO THE PSS, APPROVAL WILL NOT BE NEEDED _Quarterly Self Audit Check this box to verify the Quarterly Self Audit has been completed _Third Party Product Addition Provide warranty Guarantee ^Marketing Approval Attach Materials for review Material Website Change Describe and provide link for review Miscellaneous Inquiry Provide detail (e.g. key contact change, etc.) The Contract Vendor certifies Products and Services provided meet the terms and conditions of the Master Agreement and understands they may be audited for compliance. Additional information may be requested upon submission. The Lead State may remove previously approved items throughout the life of the Master Agreement if in the best interest at its sole discretion. Contract Vendor: Name of Requester: Title of Requester: 29 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 131 of 479 j I COMPUTER EQUIPMENT .* iingS1?f a 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT E - ACTION REQUEST FORM (ARF) ACTION REQUEST FORM LOG Submit updated Action Log with each update. Log must provide history of previous update. CONTRACT VENDOR: Contact Name and Email (for questions): DATE: DATE ACTION REQUESTED: DATE SUBMITTED APPROVED 14 30 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 132 of 479 IN '6 - COMPUTER EQUIPMENT �..I. .. S61by 2014-2019 DEPARTMENT OF AD&rmisTRATION f I MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT F - REPORTING 1. OWNERSHIP: Recipient of the reports shall have exclusive ownership of the media containing the reports. The Lead State and WSCA-NASPO shall have a perpetual, irrevocable, non-exclusive, royalty.free, transferable right to display, modify, copy, and otherwise use reports, data.and information provided. 2. DUE DATE: Reports shall be due no later than the last day of the month following the end of the calendar quarter. I 'FROM TO DUE I Q1 January 1 March 31 Aril 30 Q2 Aril 1 June 30 July 31 Q3 July 1 September 30 October 31 Q4 October 1 December 31 January 31 3. REQUIRED REPORTS: Report Name Submitted to Purpose& Submittal 1 WSCA-NASPO Administrative Fee WSCA- Identify total sales and administrative fee due to WSCA- NASPO NASPO 1)Go to: http://www,naspo.orgM7NCPO/Calculator.aspx 2)Complete all contract report information fields 3) Enter total sales per State or Select"no sales for quarter" checkbox 4)Click on Submit button 2 WSCA-NASPO Detailed Sales WSCA- Detailed sales data by line item. Currently via an Excel Report NASPO template. Future MAY involve a.portal. No modifications may be made by the Contract Vendor to the template. This report may also fulfill the reporting requirements of self audits, premium savings sales, and Bring Your Own Device Employee Sales. 3 Participating States Participating Contract Vendor may utilize the detailed sales report to report State to individual States unless otherwise directed by the State. States may require additional reporting. 4 Participating Addendum Status WSCA- Provides status of Participating Addendums. Excel Template NASPO to be provided by WSCA-NASPO. 5 Premium Saving Package(PSP) PSP Lead Additional reporting may be requested. 6 Quarterly Updates of PSS and Self Lead State Utilize the Action Request Form (ARF) Audit 31 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 133 of 479 JL COMPUTER EQUIPMENT ..., .. jr��eSQa 2014-2019 DEPARTMENT OF ADMINISTRATION MINNESOTA WSCA-NASPO MASTER AGREEMENT AWARD EXHIBIT G - DEFINITIONS Acceptance. See Master Agreement Terms regarding Acceptance and Acceptance Testing. Accessory. Accessories do not extend the functionality of the computer, but enhances the user experience i.e., mouse pad, monitor stand. For the purposes of this proposal, accessories are considered peripherals. Bands: For the purpose of this solicitation, there are six product bands which may.be awarded. Each product band includes related peripherals and services. Responders must only respond to Bands in which they manufacture the defined product. Responder may receive an award in one or more bands for which they manufacture a product based on the evaluation. BAND 1: DESKTOP. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1)the processor, 2)display monitor and 3) input devices usually a keyboard and a mouse.All operating systems for tablets are allowed. Zero Clients, Thin clients, all in ones and workstations will also be included under desktops. Ruggedized equipment may also be included in the Product and Service schedule for this band. BAND 2: LAPTOP. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit.A laptop can be used.away from an outlet using a rechargeable battery. All operating systems for tablets are allowed. Laptops will include notebooks, ultrabook, mobile thin clients, chromebooks and netbooks. Computers with mobile operating systems will also be included under laptops. Tablets that have the option to be utilized with a keyboard can be sold in this band. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 3: TABLET. A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control.All operating systems for tablets are allowed. Ruggedized equipment may also be included as a category in the Product and Service Schedule for this band. BAND 4: SERVER. A server is a physical computer dedicated to run one or more services or applications (as a host)to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. BAND 5: STORAGE. Storage is hardware with the ability to store large amounts of data. This band includes SAN switching necessary for the proper functioning of the storage environment. Ruggedized equipment may also be included in the Product and Service Schedule for this band: R-.011-0& -DEVICES Ruggedlized refefs to devires speGifirally designed to operate reliably on harsh usage BAND 6 REMOVED. RUGGEDIZED EQUIPMENT MAY BE SOLD IN BANDS 1-5, PROVIDED IT MEETS BAND REQUIREMENTS. Cloud Services. Delivery of computing as a service rather than a product, whereby shared resources, software and information are provided to computers and other devices as a utility over a network, such as the Internet. (Cloud Services including acquisitions structured as managed on-site services are not allowed.) Contract Vendor or Contractor. The manufacturer responsible for delivering products or performing services under the terms and conditions set forth in the Master Agreement. The Contract Vendor must ensure partners utilized in the performance of this contract adhere to all the terms and conditions. For the purposes of this RFP, the term Partner will be utilized in naming the relationship a manufacturer has with another company to market and sell the contract. Participating States will have final determination/approval if a Partner may be approved for that state in the role identified by the Contract Vendor. Components. Parts that make up a computer configuration. Configuration. The combination of hardware and software components that make up the total functioning system. Desktop. This is Band 1 of this solicitation. A desktop computer is a personal computer intended for regular use at a single location. A desktop computer typically comes in several units connected together during installation: 1) the processor, 32 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. Page 134 of 479 2) display monitor and 3) input devices usually a keyboard and a mouse. Desktop virtualization endpoints such as zero and thin clients will also be included under the Desktop Band. Energy Star@. A voluntary energy efficiency program sponsored by the U.S. Environmental Protection Agency. The Energy Star program makes identification of energy efficient computers easy by labeling products that deliver the same or better performance as comparable models while using less energy and saving money. Energy Star qualified computers and monitors automatically power down to 15 watts or less when not in use and may actually last longer than conventional products because they spend a large portion of time in a low-power sleep mode. For additional information on the Energy Star program, including product specification s:and a list of qualifying products, visit the Energy Star website at http:/1www;eneLgystar.cIov. EPEAT. A system for identifying more environmentally preferable computer desktops, laptops, and monitors. It includes an ANSI standard -the IEEE 1680 EPEAT standard—and website www.epeat.net to identify products manufacturers have declared as meeting the standard. EPEAT provides a clear and consistent set of performance criteria for the design of products. It is not a third-party certification program. Instead, Manufacturers self-certify that their products are in conformance with the environmental performance standard for electronic products. FOB Destination. Shipping charges are included in the price of the item and the shipped item becomes the legal property and.responsibility of the receiver when it reaches its destination unless there is acceptance testing required. FOB Inside Delivery. Special Shipping arrangements, such as inside delivery, may include additional fees payable by the Purchasing Entity. Any FOB inside delivery must be annotated on the Purchasing Entity ordering document. General Consulting. Services related to advising agencies on how best to use information technology to meet business objectives. Examples of such services would include management and administration of IT systems. Each State will have varying laws, rules, policies and procedures surrounding general consulting which need adherence. Minnesota Statute section 16C:08 defines general consulting for the State of Minnesota. https:llwww.revisor.mn.gov/statutes/?id=16C.08 Laptop. This is Band 2 of this solicitation. A laptop computer is a personal computer for mobile use. A laptop includes a display, keyboard, point device such as a touchpad and speakers into a single unit.A laptop can be used away from an j outlet using a rechargeable battery, Laptop Band may include notebooks, ultrabooks, and netbooks. Computers with mobile operating systems will also be included:under the Laptop Band. Lead State. The State conducting this.cooperative solicitation and centrally administering any resulting Master Agreement with the permission of the Signatory States. Minnesota is the Lead State for this procurement and the laws of Minnesota Statute Chapter 16C apply to this procurement. Manufacturer. A company that, as one of its primary business function, designs, assembles owns the trademark/patent and markets branded computer equipment. Master Agreement. The underlying agreement executed by and between the Lead State and the Contract Vendor. Middleware. Middleware is the software"glue"that helps programs and databases(which may be on different computers) work together. Its most basic function is to enable communication between different pieces of software. Options. An item of equipment or a feature that may be chosen as an addition to or replacement for standard equipment and features. Order. A purchase order, sales order, or other document used by a Purchasing Entity to order the Equipment. Participating Addendum. A written statement of agreement signed by the Contract Vendor and a Participating State or other Participating Entity that clarifies the operation of this Master Agreement for the Participating Entity(e.g., ordering procedures specific to a Participating State)and may add other state-specific language or other requirements. A Participating Addendum evidences the Participant's willingness to purchase and the Contract Vendor's willingness to i provide equipment under the terms and conditions of this Master Agreement with any and all exceptions noted and agreed upon. Participating States. States that utilize the Master Agreement established by the RFP and enter into a Participating Addendum which further defines their participation. Participating Entity. A Participating State, or other legal entity, properly authorized by a Participating State to enter into the Master Agreement through a Participating Addendum and that authorizes orders from the Master Agreement by Purchasing Entities. Under the WSCA-NASPO program; in some cases, local governments, political subdivisions or other entities in a State may be authorized by the chief procurement official to execute its own Participating Addendum where a Participating Addendum is not executed by the chief procurement official for that state that covers local governments, political subdivisions, or other government entities in the state. Partner. A company,authorized by the Contract Vendor and approved by the Participating State, to provide marketing, support, or other authorized contract services on behalf of the Contract Vendor in accordance with the terms and conditions of the Contract Vendor's Master Agreement. In the RFP, Partner is the term that is used to call out the many different relationships a manufacturer may have with another company to market their product including, but not limited to agents, subcontractors, partners, fulfillment partners, channel partners, business partners, servicing subcontractor, etc. Peripherals. A peripheral means any hardware product that can be attached to, added within or networked with personal computers, servers and storage. Peripherals extend the functionality of a computer without modifying the core components of the system. For the purposes of this proposal, peripherals are defined as including accessories. Peripherals may be manufactured by a third party, however, Contract Vendor shall not offer any peripherals manufactured by another Contract Vendor holding a Master Agreement. The Contract Vendors shall provide the warranty service and i 33 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER EQUIPMENT DELL MARKETING L.P. i Page 135 of 479 i maintenance for all peripherals on the Master Agreement. Examples of peripheralslaccessoriesloptions Include but are not limited to: printers, monitors, multifunction printers, audiovisual equipment, instructional equipment, cabling, modems, networking to support server, storage and client applications such as routers, switches. Software is an option which must be related to the purchase of equipment and subject to configuration limits.Third party products are allowed to be offered as peripherals/accessories/options and may be offered in any related band. Per Transaction Multiple Unit Discount.A contractual volume discount based on dollars in a single purchase order or combination of purchase orders submitted at one time by a Participating Entity or multiple entities conducting a cooperative purchase. Premium Savings Packages. Deeply discounted standard configurations available to Purchasing Entities using the Master Agreement. This specification includes a commitment to.maintain and upgrade(keep pace with the advance of technology)the standard configurations for a stated period of time or intervals. WSCA-NASPO reserves the right to expand and modify the PSP throughout the life of the contract.: See http://www.wnpsp.com/index.html. Purchasing Entity—means a state, city, county; district, other political subdivision of a State,and a nonprofit organization under the laws of some states if authorized by a Participating Addendum,that issues an order against the Master Agreement and becomes financially committed to the purchase. Ruggedized. This was band 6 of this solicitation. Ruggedized refers to equipment specifically designed to operate reliably in harsh usage environments and conditions, such as strong vibrations, extreme temperatures and wet or dusty conditions. Services. Broadly classed as installation/de-installation, maintenance, support, training, migration, and optimization of products offered or supplied under the Master Agreement. These types of services may include, but are not limited to: warranty services, maintenance, installation, de-installation,factory integration (software or equipment components), asset management, recycling/disposal, training and certification, pre-implementation design, disaster recovery planning and support, service desk/helpdesk, and any other directly related technical support service required for the effective operation of a product offered or supplied. Contract Vendors may offer, but participating States and entities do not have to accept, limited professional services related ONLY to the equipment and configuration of the equipment purchased through the resulting contracts. EACH PARTICIPATING STATE DETERMINES RESTRICTIONS AND NEGOTIATES TERMS FOR SERVICES. Server. This is Band 4 of this solicitation.A server is a physical computer dedicated to run one or more services or applications (as a host)to serve the needs of the users of other computers on a network. This band also includes server appliances. Server appliances have their hardware and software:preconfigured by the manufacturer. It also includes embedded networking components such as those found in blade chassis systems. Ruggedized equipment may also be included in the Product and Service Schedule for this band. I Storage. This is Band 5 of this solicitation. Storage is hardware with the ability to store large amounts of data.This band f includes SAN switching necessaryfor the proper functioning of the storage environment. Ruggedized equipment:may also be included in the Product and Service Schedule for this band. Storage Area Network. A storage area network (SAN) is a high-speed special-purpose network (or subnetwork)that interconnects different kinds of data storage devices with associated data servers on behalf of a larger network of users. Storage as a Service(STaaS). An architecture model by which a provider allows a customer to rent or lease storage space on the provider's hardware infrastructure on a subscription basis. E.g., manage onsite or cloud services. Software. For the purposes of this proposal, software is commercial operating off the shelf machine-readable object code instructions including microcode, firmware and operating system software that are preloaded on equipment. The term "Software"applies to all parts of software and.documentation, including new releases, updates, and modifications of software. Tablet. This is Band 3 of this solicitation.A tablet is a mobile computer that provides a touchscreen which acts as the primary means of control. Tablet band may include notebooks, ultrabooks, and netbooks that are touchscreen capable. Takeback Program. The Contract Vendor's process for accepting the return of the equipment or other products at the end of life. Third Party Products. Products sold by the Contract Vendor which are manufactured by another company. Upgrade. Refers to replacement of existing software, hardware or hardware component with a newer version. Warranty. The Manufacturers general warranty tied to the product at the time of purchase, Wide Area Network or WAN. A data network that serves users across a broad geographic area and often uses transmission devices provided by common carriers. WSCA-NASPO. The WSCA-NASPO cooperative purchasing program, facilitated by the WSCA-NASPO Cooperative Purchasing Organization LLC, a 501(c)(3) limited liability company that is a subsidiary organization of the National Association of State Procurement Officials(NASPO). The WSCA-NASPO Cooperative Purchasing Organization facilitates administration of the cooperative group contracting consortium of state chief procurement officials for the benefit of state departments, institutions, agencies, and.political subdivisions and other eligible entities (i.e., colleges, school districts, counties, cities, some nonprofit organizations, etc.)for all states and the District of Columbia. The WSCA-NASPO Cooperative Development Team is identified in the Master Agreement as the recipient of reports and may be performing contract administration functions as assigned by the Lead State Contract Administrator. DELL MARKETING L.P.EQUIPMENT E 34 CONTRACT NO. MNWNC-108 MASTER AGREEMENT AWARD COMPUTER 4 � Pa9e 136 of 479 Fluirla Dep annnent cf[-Marlagement Services >BLI'Siness 0 >State Furchasing > State Comracts and Agi eements> AlRernate Conract Source,->Cornputer Equipment, Peripinerals, and SeMces << RetLffn C-Omputer Equipment, Peripherals, and Services 43211500-WSCA-115-ACS. Effective Period 09,f3131/2015 thoLlgll 0713li9022 ,Contract Type Alternate Contract Source Contract Ccntractors Information Pridng Hc-v,,to Ise ThIsContracti k- 276.96, KB1 Ccntractors Y PTO-dUCt Cat mr- 96,73 KE3' mipjo�ee Disco .cunts, Contract ParticatinAd ipg c-lench Documents, NAaste; greennents Contract John Jaket Goodrich Administration 81150-487-9847 j chjjcpC �,r-k-h@c --,v kd ins fl.-,,--,v+ jn_-) Commodity Please refer to Hoy,to Use This Contract' in the Contract Information seclicn abcve. Codes, Page 137 of 479 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 1 of 9 1. Scope:The State of Minnesota, Department of Administration, Materials Management Division publicly conducted a Request for Proposal on behalf of the State of Minnesota and the National Association of State Procurement Officials Cooperative Procurement Program (NASPO ValuePoint) resulting in Master Agreement number MNWNC-108. The Master Agreement led by the State of Minnesota along with a multi-state sourcing team, was created for use by state agencies and other entities that are authorized by that state's statutes to utilize cooperative agreements, upon written approval of the State's chief procurement official. The Master Agreement for computer equipment (desktops, laptops,tablets, servers, and storage, and ruggedized devices, including related peripherals&services) identifies the product bands awarded to the Contractor. This Participating Addendum (Addendum) is made and entered into as of the Effective Date by and between the State of Florida (Participating State) and Dell Marketing, L.P. (Contractor). This Addendum allows for purchase of computer equipment from the Master Agreement. This Addendum shall not diminish, change, or impact the rights of the Lead State with regard to the Lead State's contractual relationship with the Contractor under the terms of the Master Agreement. 2. Participation: Use of specific NASPO ValuePoint cooperative agreements by eligible users authorized by a Participating State's statutes are subject to the prior approval of the respective State Chief Procurement Officer. Issues of interpretation and eligibility for participation are solely within the authority of the State Chief Procurement Officer. 3. Order of Precedence: In the event of a conflict,the following documents shall have priority in the order set forth below: a. This Participating Addendum b. Exhibit 2, PUR 1000 c. Exhibit 1, Minnesota NASPO ValuePoint Master Agreement No. MNWNC-108. 4. Participating State Modifications or Additions to Master Agreement: A. Upon execution of this Addendum, all eligible users may purchase products and services under contract using the Florida alternate contract source number 43211500-WSCA-I5-ACS. Page 138 of 479 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 2 of 9 Eligible users acknowledge and agree to be bound by the terms and conditions of the Master Agreement except as otherwise specified in this Addendum. 1. The following are modifications to the Master Agreement: a. PUR 1000 Form:, General Contract Conditions, is attached hereto and incorporated herein as Exhibit 2. b. Discriminatory Vendors. A vendor placed on the discriminatory vendor list pursuant to section 287.134 of the Florida Statutes may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with any public entity; or transact business with any public entity. c. Effective Date:This Addendum shall become effective on the last date signed below and is coterminous with Exhibit 1, unless terminated earlier by the Participating State. d. Vendor Registration and Transaction Fees: In order to complete any transaction between an eligible user and the Contractor, the Contractor must be registered with the Department of State, Division of Corporations (www.sunbiz.org) and in MyFloridaMarketPlace. Section 287.042(1)(h), Florida Statutes, and Rule 60A-1.031, Florida Administrative Code, is hereby incorporated by reference. All transactions are subject to a transaction fee pursuant to the rule. e. Purchases: In order to procure products and services hereunder, eligible users shall issue purchase orders or use a purchasing card which shall reference Florida alternate contract source number 43211500-WSCA-I5-ACS. Eligible users are responsible for reviewing the terms and conditions of this Addendum including all Exhibits. f. Compliance with Laws:The Contractor shall comply with all laws, rules, codes, ordinances, and licensing requirements that are applicable to the conduct of its business, including those of federal, State, and local agencies having jurisdiction and authority. By way of non-exhaustive example, Chapter 287 of the Florida Statutes and Rule 60A-1 of the Florida Administrative Code govern this Addendum. By way of further non-exhaustive example, the Contractor shall comply with section 274A of the Immigration and Nationalization Act, the Americans with Disabilities Act, and all prohibitions against discrimination on the basis of race, religion, sex, creed, national origin, handicap, marital status, or veteran's status. Violation of any laws, rules, codes, Page 139 of 479 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 3 of 9 ordinances, or licensing requirements shall be grounds for termination or nonrenewal of this Addendum. g. Additional Eligible User Terms: If any additional ordinance, rule, or other local governmental authority requires additional contract language before an eligible user can make a purchase under this Addendum,the eligible user is responsible for entering a separate agreement with the Contractor and capturing that additional contract language therein. h. Provisions of section 287.058, Florida Statutes:The provisions of section 287.058(1)(a)- (c) and (g), Florida Statutes, are hereby incorporated by reference. i. Public Records:The Contractor shall allow public access to all documents, papers, letters, or other material made or received by the Contractor in conjunction with this Addendum, unless the records are exempt from section 24(a) of Article I of the State Constitution or subsection 119.07(1), Florida Statutes. The Participating State may unilaterally terminate this Addendum if the Contractor refuses to allow public access as required in this section. If, under this Addendum, the Contractor is providing services and is acting on behalf of the public agency as provided under subsection 119.011(2), Florida Statutes, the Contractor must: (1) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service. (2) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. (4) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the Contractor upon termination of this Addendum and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to public agency in a format that is compatible with the information technology systems of the public agency Page 140 of 479 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 4 of 9 j. The State of Florida's performance and obligation to pay under this Addendum is contingent upon an annual appropriation by the Legislature.The vendor shall comply with section 11.062, Florida Statutes and section 216.347, Florida Statutes, prohibiting use of funds to lobby the Legislature,Judicial, or state agencies. B. Contract Document:This Addendum and its Exhibits set forth the entire agreement between the parties with respect to the subject matter of the contract. C. Intellectual Property:The parties do not anticipate that any intellectual property will be developed as a result of this Addendum. However, any intellectual property developed as a result of this Addendum will belong to and be the sole property of the Participating State.This provision will survive the termination or expiration of the contract. D. Employment Eligibility Verification: Pursuant to State of Florida Executive Orders Nos.: 11-02 and 11-116, Contractor is required to utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment of all new employees hired by the Contractor during the contract term. Also, Contractor shall require resellers/partners performing work or providing services under this Addendum to utilize the E-Verify system to verify employment of all new employees hired by the reseller/partner during the Addendum term. E. Price List/Preferred Price: The Contractor's price list will be the same as the WSCA-NASPO price list, and the Department will post a link on the Department's website to the price list posted on the WSCA-NASPO website. Contractors are encouraged to provide special pricing and/or tiered discount rates applicable to State of Florida Eligible Users wherever possible. Paragraph 4(b) of the PUR1000 is not applicable. F. Scrutinized Company List: In executing this Addendum, Contractor certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473, Florida Statutes. Pursuant to subsection 287.135(5), Florida Statutes, Contractor agrees the Participating State may immediately terminate this Addendum for cause if the Contractor is found to have submitted a false certification or if Contractor is placed on the Scrutinized Page 141 of 479 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 5 of 9 Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List during the term of the Addendum. G. Orders: Any Order placed by eligible users for a product and/or service available from the Master Agreement shall be deemed to be a sale under and governed by the prices and other terms and conditions of the Master Agreement and this Addendum. 1. The Contractor agrees to meet the following requirements: a. Provide appropriate contact information for eligible users to use for product and/or service inquiries and purchases, as well as,the most up-to-date product/service offering the Contractor is authorized to provide in accordance with the Master Agreement; and b. If orders are to be sent to resellers/partners for fulfillment then the Contractor is responsible for providing and updating this list of authorized resellers/partners for use to the Participating State/Entity. 2. Contractor must be able to accept purchase orders via fax, e-mail, or cXML as identified in H.1 below. H. Electronic Invoicing:The Contractor shall supply electronic invoices in lieu of paper-based invoices for those transactions processed through the MyFloridaMarketPlace (MFMP)within ninety(90) days from Addendum effective date. Electronic invoices shall be submitted to the agency through the Ariba Network (AN) in one of three mechanisms as listed below: 1. cXML(commerce eXtensible Markup Language) This standard establishes the data contents required for invoicing via cXML within the context of an electronic environment.This transaction set can be used for invoicing via the AN for catalog and non-catalog goods and services.The cXML format is the Ariba preferred method for e-Invoicing. 2. 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 AN for catalog and non-catalog goods and services. Page 142 of 479 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 6 of 9 3. PO Flip via AN The 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. For the purposes of this section,the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider of MFMP, a state contractor,the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, the Contractor warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system the Contractor's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by the Contractor under the contract. The Contractor will work with the MFMP management team to obtain specific requirements for the electronic invoicing if needed. I. Contract Quarterly Reports:The Contractor shall submit a Quarterly Report in the required format electronically to the Participating State/Entity within 30 days of the end of the quarter. The Participating State/Entity reserves the right to require the Contractor to provide additional reports within 30 days written notice. Failure to provide the Quarterly Report or other reports requested by the Participating State/Entity may result in the Contractor being found in default and may result in termination of this Addendum. Sales will be reviewed on a quarterly basis. Should no sales be recorded in two consecutive contract quarters, the Participating State/Entity may terminate this Addendum. J. Business Review Meetings:The Participating State/Entity reserves the right to schedule business review meetings as frequently as necessary.The Participating State/Entity will provide the format for the Contractor's agenda. Prior to the meeting, the Contractor shall submit the completed agenda to the Participating State/Entity for review and acceptance.The Contractor Page 143 of 479 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 7 of 9 shall address the agenda items and any of the Participating State/Entity's additional concerns at the meeting. Failure to comply with this section may result in the Contractor being found in default and Addendum termination. K. Commitment to Diversity in Government Contracting:The State of Florida is committed to supporting its diverse business industry and population through ensuring participation by minority-,women-, wartime-, and service-disabled veteran business enterprises in the economic life of the State.The State of Florida Mentor Protege Program connects minority-, women-, wartime-, and service-disabled veteran business enterprises with private corporations for business development mentoring. We strongly encourage firms doing business with the State of Florida to consider this initiative. For more information on the Mentor Protege Program, please contact the Office of Supplier Diversity at (850)487-0915 or osdhelp@dms.myflofida.com. Upon request, the Contractor shall report to the Office of Supplier Diversity spend with certified and other minority business enterprises.These reports will include the period covered,the name, minority code and Federal Employer Identification Number of each minority vendor utilized during the period. Commodities and services provided by the minority business enterprise, and the amount paid to each minority vendor on behalf of each purchasing agency ordering under the terms of this Addendum. L. Resellers/Partners:The Contractor may use resellers/partners in order to provide computer equipment and services. All resellers/partners shall be the direct responsibility of the Contractor.The Contractor is responsible for all liability, terms and conditions within Master Agreement and this Addendum.The Contractors resellers/partners' participation will be in accordance with the terms and conditions set forth in the aforementioned Master Agreement and this Addendum. If a reseller/partner is authorized to conduct business on behalf of the Contractor and the reseller/partner is to receive compensation from the Contractor for its services, then any dispute between the Contractor and the reseller/partner shall be resolved between the Contractor and the reseller/partner.The State of Florida is not a party to any agreement entered into between the Contractor and its resellers/partners.The Contractor shall be responsible to report all contract sales (and pay any associated MFMP transaction fees), Page 144 of 479 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 8 of 9 including those of any such resellers/partners and shall ensure that all such resellers/partners meet the following requirements: • Have an ACTIVE Registration with the Florida Department of State, Division of Corporations (www.sunbiz.org) • Registered in the MFMP Vendor Information Portal (https://vendor.myfloridamarl<etplace.com) • Not be on the State of Florida's Convicted, Suspended, or Discriminatory lists http://www.dms.myflorida.com/business operations/State purchasing/vendor informatio n/convicted suspended discriminatory complaints vendor lists • Have a copy of e-Verify Status on file • Have a current W-9 filed with the Florida Department of Financial Services (https://flvendor.myfloridacfo.com) M. Primary Contacts: The primary government contact individuals for this Addendum are as follows (or their named successors): Contractor Name Diane Wigington Address Dell Marketing, L.P. One Dell Way, Mailstop 8707, Round Rock,TX 78682 Telephone 512-728-4805 E-mail Diane Wigington@dell.com Participating Entity Name Jerilyn Bailey Address Florida Department of Management Services 4050 Esplanade Way, Suite 360,Tallahassee, FL 32399-0950 Telephone 850-921-4072 E-mail jerilyn.bailey@dms.myflorida.com Page 145 of 479 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Dell Contract Code WN08AGW Alternate Contract Source No.43211500-WSCA-15-ACS Page 11 of 11 Participating State: Contractor: Florida A Dell Marketing LP By: By: Name: ,.._ , Name: Lauren D. Newberry Title: Title: Contracts Consultant Date: Date: 8/14/2015 Florida Chie fkrocure�'n nt Officer: Name: Roz Ingram Title: Director of State Purchasing and Chief Procu eme t Officer Date: 11/)J16 Please email fully executed PDF copy of this document to PA a naspovaluepoint.ore to support documentation of participation and posting in appropriate data bases. Page 146 of 479 PARTICIPATING ADDENDUM to the NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Administered by the State of Minnesota Master Agreement No: MNWNC-108 Dell Marketing, L.P. And The State of Florida Alternate Contract Source No. 43211500-WSCA-I5-ACS Page 9 of 9 N. Warrant of Authority: Each person signing this Addendum warrants that he or she is duly authorized to do so and to bind the respective party. 7. Terms. The Participating State is agreeing to the terms of the Master Agreement only to the extent the terms are not in conflict with applicable law. IN WITNESS WHEREOF, the parties have executed this Addendum as of the date of execution by Contractor below. Participating State: Contractor: Florida f Insert Vendor Name 1-fere) By: By: Name: Name: Title: Title: Date: Date: Florida's Chief Procurement Officer: By: Name: Roz Ingram Title: Director of State Purchasing and Chief Procurement Officer Date: Please email fully executed PDF copy of this document to PA@naspovaluepoint.org to support documentation of participation and posting in appropriate data bases. Page 147 of 479 State of Florida PUR 1000 General Contract Conditions Contents 1. Definitions. 2. Purchase Orders. 3. Product Version. 4. Price Changes Applicable only to Term Contracts. 5. Additional Quantities. 6. Packaging. 7. Inspection at Contractor's Site. 8. Safety Standards. 9. Americans with Disabilities Act. 10. Literature. 11. Transportation and Delivery. 12. Installation. 13. Risk of Loss. 14. Transaction Fee. 15. Invoicing and Payment. 16. Taxes. 17. Governmental Restrictions. 18. Lobbying and Integrity. 19. Indemnification. 20. Limitation of Liability. 21. Suspension of Work. 22. Termination for Convenience. 23. Termination for Cause. 24. Force Majeure, Notice of Delay, and No Damages for Delay. 25. Changes. 26. Renewal. 27. Purchase Order Duration. 28. Advertising. 29. Assignment. 30. Antitrust Assignment 31. Dispute Resolution. 32. Employees, Subcontractors, and Agents. 33. Security and Confidentiality. 34. Contractor Employees, Subcontractors, and Other Agents. 35. Insurance Requirements. 36. Warranty of Authority. 37. Warranty of Ability to Perform. 38. Notices. 39. Leases and Installment Purchases. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). PUR 1000 (10/06) Page 1 of 14 60A-1.002, F.A.C. Page 148 of 479 41. Products Available from the Blind or Other Handicapped. 42. Modification of Terms. 43. Cooperative Purchasing. 44. Waiver. 45. Annual Appropriations. 46. Execution in Counterparts. 47. Severability. 1. Definitions. The definitions contained in s. 60A-1.001, F.A.C. shall apply to this agreement. The following additional terms are also defined: (a) "Contract" means the legally enforceable agreement that results from a successful solicitation. The parties to the Contract will be the Customer and Contractor. (b) "Customer" means the State agency or other entity identified in a contract as the party to receive commodities or contractual services pursuant to a contract or that orders commodities or contractual services via purchase order or other contractual instrument from the Contractor under the Contract. The "Customer" may also be the "Buyer" as defined in the PUR 1001 if it meets the definition of both terms. (c) "Product" means any deliverable under the Contract, which may include commodities, services, technology or software. (d) "Purchase order" means the form or format a Customer uses to make a purchase under the Contract (e.g., a formal written purchase order, electronic purchase order, procurement card, contract or other authorized means). 2. Purchase Orders. In contracts where commodities or services are ordered by the Customer via purchase order, Contractor shall not deliver or furnish products until a Customer transmits a purchase order. All purchase orders shall bear the Contract or solicitation number, shall be placed by the Customer directly with the Contractor, and shall be deemed to incorporate by reference the Contract and solicitation terms and conditions. Any discrepancy between the Contract terms and the terms stated on the Contractor's order form, confirmation, or acknowledgement shall be resolved in favor of terms most favorable to the Customer. A purchase order for services within the ambit of section 287.058(l) of the Florida Statutes shall be deemed to incorporate by reference the requirements of subparagraphs (a) through (f) thereof. Customers shall designate a contract manager and a contract administrator as required by subsections 287.057(15) and (16) of the Florida Statutes. 3. Product Version. Purchase orders shall be deemed to reference a manufacturer's most recently release model or version of the product at the time of the order, unless the Customer specifically requests in writing an earlier model or version and the contractor is willing to provide such model or version. PUR 1000 (10/06) Page 2 of 14 60A-1.002, F.A.C. Page 149 of 479 4. Price Changes Applicable only to Term Contracts. If this is a term contract for commodities or services, the following provisions apply. (a) Quantity Discounts. Contractors are urged to offer additional discounts for one time delivery of large single orders. Customers should seek to negotiate additional price concessions on quantity purchases of any products offered under the Contract. State Customers shall document their files accordingly. (b) Best Pricing Offer. During the Contract term, if the Customer becomes aware of better pricing offered by the Contractor for substantially the same or a smaller quantity of a product outside the Contract, but upon the same or similar terms of the Contract, then at the discretion of the Customer the price under the Contract shall be immediately reduced to the lower price. (c) Sales Promotions. In addition to decreasing prices for the balance of the Contract term due to a change in market conditions, a Contractor may conduct sales promotions involving price reductions for a specified lesser period. A Contractor shall submit to the Contract Specialist documentation identifying the proposed (1) starting and ending dates of the promotion, (2) products involved, and (3) promotional prices compared to then- authorized prices. Promotional prices shall be available to all Customers. Upon approval, the Contractor shall provide conspicuous notice of the promotion. (d) Trade-In. Customers may trade-in equipment when making purchases from the Contract. A trade-in shall be negotiated between the Customer and the Contractor. Customers are obligated to actively seek current fair market value when trading equipment, and to keep accurate records of the process. For State agencies, it may be necessary to provide documentation to the Department of Financial Services and to the agency property custodian pursuant to Chapter 273, F.S. (e) Equitable Adjustment. The Customer may, in its sole discretion, make an equitable adjustment in the Contract terms or pricing if pricing or availability of supply is affected by extreme and unforeseen volatility in the marketplace, that is, by circumstances that satisfy all the following criteria: (1) the volatility is due to causes wholly beyond the Contractor's control, (2) the volatility affects the marketplace or industry, not just the particular Contract source of supply, (3) the effect on pricing or availability of supply is substantial, and (4) the volatility so affects the Contractor that continued performance of the Contract would result in a substantial loss. 5. Additional Quantities. For a period not exceeding ninety (90) days from the date of solicitation award, the Customer reserves the right to acquire additional quantities up to the amount shown on the solicitation but not to exceed the threshold for Category Two at the prices submitted in the response to the solicitation. 6. Packaging. Tangible product shall be securely and properly packed for shipment, storage, and stocking in appropriate, clearly labeled, shipping containers and according to accepted PUR 1000 (10/06) Page 3 of 14 60A-1.002, F.A.C. Page 150 of 479 commercial practice, without extra charge for packing materials, cases, or other types of containers. All containers and packaging shall become and remain Customer's property. 7. Inspection at Contractor's Site. The Customer reserves the right to inspect, at any reasonable time with prior notice, the equipment or product or plant or other facilities of a Contractor to assess conformity with Contract requirements and to determine whether they are adequate and suitable for proper and effective Contract performance. 8. Safety Standards. All manufactured items and fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate State inspector. Acceptability customarily requires, at a minimum, identification marking of the appropriate safety standard organization, where such approvals of listings have been established for the type of device offered and furnished, for example: the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; and the American Gas Association for gas-operated assemblies. In addition, all items furnished shall meet all applicable requirements of the Occupational Safety and Health Act and state and federal requirements relating to clean air and water pollution. 9. Americans with Disabilities Act. Contractors should identify any products that may be used or adapted for use by visually, hearing, or other physically impaired individuals. 10. Literature. Upon request, the Contractor shall furnish literature reasonably related to the product offered, for example, user manuals, price schedules, catalogs, descriptive brochures, etc. 11. Transportation and Delivery. Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension. 12. Installation. Where installation is required, Contractor shall be responsible for placing and installing the product in the required locations at no additional charge, unless otherwise designated on the Contract or purchase order. Contractor's authorized product and price list shall clearly and separately identify any additional installation charges. All materials used in the installation shall be of good quality and shall be free of defects that would diminish the appearance of the product or render it structurally or operationally unsound. Installation includes the furnishing of any equipment, rigging, and materials required to install or replace the product in the proper location. Contractor shall protect the site from damage and shall repair damages or injury caused during installation by Contractor or its employees or agents. If any alteration, dismantling, excavation, etc., is required to achieve installation, the Contractor shall promptly restore the structure or site to its original condition. Contractor PUR 1000 (10/06) Page 4 of 14 60A-1.002, F.A.C. Page 151 of 479 shall perform installation work so as to cause the least inconvenience and interference with Customers and with proper consideration of others on site. Upon completion of the installation, the location and surrounding area of work shall be left clean and in a neat and unobstructed condition, with everything in satisfactory repair and order. 13. Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering carrier's Bill of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the carrier's Bill of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product. 14. Transaction Fee. The State of Florida has instituted MyFloridaMarketPlace, a statewide eProcurement System ("System"). Pursuant to section 287.057(23), Florida Statutes (2002), all payments shall be assessed a Transaction Fee of one percent(1.0%), which the Contractor shall pay to the State, unless exempt pursuant to 60A-1.032, F.A.C. For payments within the State accounting system (FLAIR or its successor), the Transaction Fee shall, when possible, be automatically deducted from payments to the Contractor. If automatic deduction is not possible, the Contractor shall pay the Transaction Fee pursuant to Rule 60A-1.031(2), F.A.C. By submission of these reports and corresponding payments, Contractor certifies their correctness. All such reports and payments shall be subject to audit by the State or its designee. Contractor shall receive a credit for any Transaction Fee paid by the Contractor for the purchase of any item(s) if such item(s) are returned to the Contractor through no fault, act, or omission of the Contractor. Notwithstanding the foregoing, a Transaction Fee is non- refundable when an item is rejected or returned, or declined, due to the Contractor's failure to perform or comply with specifications or requirements of the agreement. Failure to comply with these requirements shall constitute grounds for declaring the Contractor in default and recovering reprocurement costs from the Contractor in addition to all outstanding fees. CONTRACTORS DELINQUENT IN PAYING TRANSACTION FEES MAY BE SUBJECT TO BEING REMOVED FROM THE DEPARTMENT OF MANAGEMENT SERVICES' VENDOR LIST AS PROVIDED IN RULE 60A-1.006, F.A.C. 15. Invoicing and Payment. Invoices shall contain the Contract number, purchase order number if applicable, and the appropriate vendor identification number. The State may require any PUR 1000 (10/06) Page 5 of 14 60A-1.002, F.A.C. Page 152 of 479 other information from the Contractor that the State deems necessary to verify any purchase order placed under the Contract. At the State's option, Contractors may be required to invoice electronically pursuant to guidelines of the Department of Management Services. Current guidelines require that Contractor supply electronic invoices in lieu of paper-based invoices for those transactions processed through the system. Electronic invoices shall be submitted to the Customer through the Ariba Supplier Network (ASN) in one of the following mechanisms — EDI 810, cXML, or web-based invoice entry within the ASN. Payment shall be made in accordance with sections 215.422 and 287.0585 of the Florida Statutes, which govern time limits for payment of invoices. Invoices that must be returned to a Contractor due to preparation errors will result in a delay in payment. Contractors may call (850) 413-7269 Monday through Friday to inquire about the status of payments by State Agencies. The Customer is responsible for all payments under the Contract. A Customer's failure to pay, or delay in payment, shall not constitute a breach of the Contract and shall not relieve the Contractor of its obligations to the Department or to other Customers. 16. Taxes. The State does not pay Federal excise or sales taxes on direct purchases of tangible personal property. The State will not pay for any personal property taxes levied on the Contractor or for any taxes levied on employees' wages. Any exceptions to this paragraph shall be explicitly noted by the Customer in the special contract conditions section of the solicitation or in the Contract or purchase order. 17. Governmental Restrictions. If the Contractor believes that any governmental restrictions have been imposed that require alteration of the material, quality, workmanship or performance of the products offered under the Contract, the Contractor shall immediately notify the Customer in writing, indicating the specific restriction. The Customer reserves the right and the complete discretion to accept any such alteration or to cancel the Contract at no further expense to the Customer. 18. Lobbying and Integrity. Customers shall ensure compliance with Section 11.062, FS and Section 216.347, FS.The Contractor shall not, in connection with this or any other agreement with the State, directly or indirectly (1) offer, confer, or agree to confer any pecuniary benefit on anyone as consideration for any State officer or employee's decision, opinion, recommendation, vote, other exercise of discretion, or violation of a known legal duty, or (2) offer, give, or agree to give to anyone any gratuity for the benefit of, or at the direction or request of, any State officer or employee. For purposes of clause (2), "gratuity" means any payment of more than nominal monetary value in the form of cash, travel, entertainment, gifts, meals, lodging, loans, subscriptions, advances, deposits of money, services, employment, or contracts of any kind. Upon request of the Customer's Inspector General, or other authorized State official, the Contractor shall provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but shall not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor shall retain such records for the longer of(1) three years after the expiration of the PUR 1000 (10/06) Page 6 of 14 60A-1.002, F.A.C. Page 153 of 479 Contract or (2) the period required by the General Records Schedules maintained by the Florida Department of State (available at: hgp://dos.myflorida.com/library-archives/records- mana!2�ement/!eneral-records-schedules/). The Contractor agrees to reimburse the State for the reasonable costs of investigation incurred by the Inspector General or other authorized State official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State which results in the suspension or debarment of the Contractor. Such costs shall include, but shall not be limited to: salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. The Contractor shall not be responsible for any costs of investigations that do not result in the Contractor's suspension or debarment. 19. Indemnification. The Contractor shall be fully liable for the actions of its agents, employees, partners, or subcontractors and shall fully indemnify, defend, and hold harmless the State and Customers, and their officers, agents, and employees, from suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to personal injury and damage to real or personal tangible property alleged to be caused in whole or in part by Contractor, its agents, employees, partners, or subcontractors, provided, however, that the Contractor shall not indemnify for that portion of any loss or damages proximately caused by the negligent act or omission of the State or a Customer. Further, the Contractor shall fully indemnify, defend, and hold harmless the State and Customers from any suits, actions, damages, and costs of every name and description, including attorneys' fees, arising from or relating to violation or infringement of a trademark, copyright, patent, trade secret or intellectual property right, provided, however, that the foregoing obligation shall not apply to a Customer's misuse or modification of Contractor's products or a Customer's operation or use of Contractor's products in a manner not contemplated by the Contract or the purchase order. If any product is the subject of an infringement suit, or in the Contractor's opinion is likely to become the subject of such a suit, the Contractor may at its sole expense procure for the Customer the right to continue using the product or to modify it to become non-infringing. If the Contractor is not reasonably able to modify or otherwise secure the Customer the right to continue using the product, the Contractor shall remove the product and refund the Customer the amounts paid in excess of a reasonable rental for past use. The customer shall not be liable for any royalties. The Contractor's obligations under the preceding two paragraphs with respect to any legal action are contingent upon the State or Customer giving the Contractor (1) written notice of any action or threatened action, (2)the opportunity to take over and settle or defend any such action at Contractor's sole expense, and (3) assistance in defending the action at Contractor's sole expense. The Contractor shall not be liable for any cost, expense, or compromise incurred or made by the State or Customer in any legal action without the Contractor's prior written consent, which shall not be unreasonably withheld. 20. Limitation of Liability. For all claims against the Contractor under any contract or purchase order, and regardless of the basis on which the claim is made, the Contractor's liability under a contract or purchase order for direct damages shall be limited to the greater of $100,000, the dollar amount of the contract or purchase order, or two times the charges rendered by the PUR 1000 (10/06) Page 7 of 14 60A-1.002, F.A.C. Page 154 of 479 Contractor under the purchase order. This limitation shall not apply to claims arising under the Indemnity paragraph contain in this agreement. Unless otherwise specifically enumerated in the Contract or in the purchase order, no parry shall be liable to another for special, indirect, punitive, or consequential damages, including lost data or records (unless the contract or purchase order requires the Contractor to back-up data or records), even if the parry has been advised that such damages are possible. No parry shall be liable for lost profits, lost revenue, or lost institutional operating savings. The State and Customer may, in addition to other remedies available to them at law or equity and upon notice to the Contractor, retain such monies from amounts due Contractor as may be necessary to satisfy any claim for damages,penalties, costs and the like asserted by or against them. The State may set off any liability or other obligation of the Contractor or its affiliates to the State against any payments due the Contractor under any contract with the State. 21. Suspension of Work. The Customer may in its sole discretion suspend any or all activities under the Contract or purchase order, at any time, when in the best interests of the State to do so. The Customer shall provide the Contractor written notice outlining the particulars of suspension. Examples of the reason for suspension include, but are not limited to, budgetary constraints, declaration of emergency, or other such circumstances. After receiving a suspension notice, the Contractor shall comply with the notice and shall not accept any purchase orders. Within ninety days, or any longer period agreed to by the Contractor, the Customer shall either (1) issue a notice authorizing resumption of work, at which time activity shall resume, or (2) terminate the Contract or purchase order. Suspension of work shall not entitle the Contractor to any additional compensation. 22. Termination for Convenience. The Customer, by written notice to the Contractor, may terminate the Contract in whole or in part when the Customer determines in its sole discretion that it is in the State's interest to do so. The Contractor shall not furnish any product after it receives the notice of termination, except as necessary to complete the continued portion of the Contract, if any. The Contractor shall not be entitled to recover any cancellation charges or lost profits. 23. Termination for Cause. The Customer may terminate the Contract if the Contractor fails to (1) deliver the product within the time specified in the Contract or any extension, (2) maintain adequate progress, thus endangering performance of the Contract, (3) honor any term of the Contract, or(4) abide by any statutory, regulatory, or licensing requirement. Rule 60A-1.006(3), F.A.C., governs the procedure and consequences of default. The Contractor shall continue work on any work not terminated. Except for defaults of subcontractors at any tier, the Contractor shall not be liable for any excess costs if the failure to perform the Contract arises from events completely beyond the control, and without the fault or negligence, of the Contractor. If the failure to perform is caused by the default of a subcontractor at any tier, and if the cause of the default is completely beyond the control of both the Contractor and the subcontractor, and without the fault or negligence of either, the Contractor shall not be liable for any excess costs for failure to perform, unless the subcontracted products were obtainable from other sources in sufficient time for the Contractor to meet the required delivery schedule. If, after termination, it is determined that PUR 1000 (10/06) Page 8 of 14 60A-1.002, F.A.C. Page 155 of 479 the Contractor was not in default, or that the default was excusable, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the Customer. The rights and remedies of the Customer in this clause are in addition to any other rights and remedies provided by law or under the Contract. 24. Force Majeure, Notice of Delay, and No Damages for Delay. The Contractor shall not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor's control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor shall notify the Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within ten (10) days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five (5) days after the date the Contractor first had reason to believe that a delay could result. THE FOREGOING SHALL CONSTITUTE THE CONTRACTOR'S SOLE REMEDY OR EXCUSE WITH RESPECT TO DELAY. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages, other than for an extension of time, shall be asserted against the Customer. The Contractor shall not be entitled to an increase in the Contract price or payment of any kind from the Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor shall perform at no increased cost, unless the Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State or to Customers, in which case the Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to products subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the products that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part. 25. Changes. The Customer may unilaterally require, by written order, changes altering, adding to, or deducting from the Contract specifications, provided that such changes are within the general scope of the Contract. The Customer may make an equitable adjustment in the Contract price or delivery date if the change affects the cost or time of performance. Such equitable adjustments require the written consent of the Contractor, which shall not be unreasonably withheld. If unusual quantity requirements arise, the Customer may solicit separate bids to satisfy them. 26. Renewal. Upon mutual agreement, the Customer and the Contractor may renew the Contract, in whole or in part, for a period that may not exceed 3 years or the term of the contract, whichever period is longer. Any renewal shall specify the renewal price, as set forth in the PUR 1000 (10/06) Page 9 of 14 60A-1.002, F.A.C. Page 156 of 479 solicitation response. The renewal must be in writing and signed by both parties, and is contingent upon satisfactory performance evaluations and subject to availability of funds. 27. Purchase Order Duration. Purchase orders issued pursuant to a state term or agency contract must be received by the Contractor no later than close of business on the last day of the contract's term to be considered timely. The Contractor is obliged to fill those orders in accordance with the contract's terms and conditions. Purchase orders received by the contractor after close of business on the last day of the state term or agency contract's term shall be considered void. Purchase orders for a one-time delivery of commodities or performance of contractual services shall be valid through the performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the single delivery/performance, and shall survive the termination of the Contract. Contractors are required to accept purchase orders specifying delivery schedules exceeding the contracted schedule even when such extended delivery will occur after expiration of the state term or agency contract. For example, if a state term contract calls for delivery 30 days after receipt of order (ARO), and an order specifies delivery will occur both in excess of 30 days ARO and after expiration of the state term contract, the Contractor will accept the order. However, if the Contractor expressly and in writing notifies the ordering office within ten (10) calendar days of receipt of the purchase order that Contractor will not accept the extended delivery terms beyond the expiration of the state term contract, then the purchase order will either be amended in writing by the ordering entity within ten (10) calendar days of receipt of the contractor's notice to reflect the state term contract delivery schedule, or it shall be considered withdrawn. The duration of purchase orders for recurring deliveries of commodities or performance of services shall not exceed the expiration of the state term or agency contract by more than twelve months. However, if an extended pricing plan offered in the state term or agency contract is selected by the ordering entity, the contract terms on pricing plans and renewals shall govern the maximum duration of purchase orders reflecting such pricing plans and renewals. Timely purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the state term or agency contract shall apply to the recurring delivery/performance as provided herein, and shall survive the termination of the Contract. Ordering offices shall not renew a purchase order issued pursuant to a state term or agency contract if the underlying contract expires prior to the effective date of the renewal. 28. Advertising. Subject to Chapter 119, Florida Statutes, the Contractor shall not publicly disseminate any information concerning the Contract without prior written approval from the Customer, including, but not limited to mentioning the Contract in a press release or other promotional material, identifying the Customer or the State as a reference, or otherwise PUR 1000 (10/06) Page 10 of 14 60A-1.002, F.A.C. Page 157 of 479 linking the Contractor's name and either a description of the Contract or the name of the State or the Customer in any material published, either in print or electronically, to any entity that is not a parry to Contract, except potential or actual authorized distributors, dealers, resellers, or service representative. 29. Assignment. The Contractor shall not sell, assign or transfer any of its rights, duties or obligations under the Contract, or under any purchase order issued pursuant to the Contract, without the prior written consent of the Customer. In the event of any assignment, the Contractor remains secondarily liable for performance of the contract, unless the Customer expressly waives such secondary liability. The Customer may assign the Contract with prior written notice to Contractor of its intent to do so. 30. Antitrust Assignment. The Contractor and the State of Florida recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the State of Florida. Therefore, the contractor hereby assigns to the State of Florida any and all claims for such overcharges as to goods, materials or services purchased in connection with the Contract. 31. Dispute Resolution. Any dispute concerning performance of the Contract shall be decided by the Customer's designated contract manager, who shall reduce the decision to writing and serve a copy on the Contractor. The decision shall be final and conclusive unless within twenty one (21) days from the date of receipt, the Contractor files with the Customer a petition for administrative hearing. The Customer's decision on the petition shall be final, subject to the Contractor's right to review pursuant to Chapter 120 of the Florida Statutes. Exhaustion of administrative remedies is an absolute condition precedent to the Contractor's ability to pursue any other form of dispute resolution; provided, however, that the parties may employ the alternative dispute resolution procedures outlined in Chapter 120. Without limiting the foregoing, the exclusive venue of any legal or equitable action that arises out of or relates to the Contract shall be the appropriate state court in Leon County, Florida; in any such action, Florida law shall apply and the parties waive any right to jury trial. 32. Employees, Subcontractors, and Agents. All Contractor employees, subcontractors, or agents performing work under the Contract shall be properly trained technicians who meet or exceed any specified training qualifications. Upon request, Contractor shall furnish a copy of technical certification or other proof of qualification. All employees, subcontractors, or agents performing work under the Contract must comply with all security and administrative requirements of the Customer and shall comply with all controlling laws and regulations relevant to the services they are providing under the Contract. The State may conduct, and the Contractor shall cooperate in, a security background check or otherwise assess any employee, subcontractor, or agent furnished by the Contractor. The State may refuse access to, or require replacement of, any personnel for cause, including, but not limited to, technical or training qualifications, quality of work, change in security status, or non-compliance with a Customer's security or other requirements. Such approval shall not relieve the Contractor of its obligation to perform all work in compliance with the Contract. The State may reject PUR 1000 (10/06) Page 11 of 14 60A-1.002, F.A.C. Page 158 of 479 and bar from any facility for cause any of the Contractor's employees, subcontractors, or agents. 33. Security and Confidentiality. The Contractor shall comply fully with all security procedures of the United States, State of Florida and Customer in performance of the Contract. The Contractor shall not divulge to third parties any confidential information obtained by the Contractor or its agents, distributors, resellers, subcontractors, officers or employees in the course of performing Contract work, including, but not limited to, security procedures, business operations information, or commercial proprietary information in the possession of the State or Customer. The Contractor shall not be required to keep confidential information or material that is publicly available through no fault of the Contractor, material that the Contractor developed independently without relying on the State's or Customer's confidential information, or material that is otherwise obtainable under State law as a public record. To insure confidentiality, the Contractor shall take appropriate steps as to its personnel, agents, and subcontractors. The warranties of this paragraph shall survive the Contract. 34. Contractor Employees, Subcontractors, and Other Agents. The Customer and the State shall take all actions necessary to ensure that Contractor's employees, subcontractors and other agents are not employees of the State of Florida. Such actions include, but are not limited to, ensuring that Contractor's employees, subcontractors, and other agents receive benefits and necessary insurance (health, workers' compensations, and unemployment) from an employer other than the State of Florida. 35. Insurance Requirements. During the Contract term, the Contractor at its sole expense shall provide commercial insurance of such a type and with such terms and limits as may be reasonably associated with the Contract. Providing and maintaining adequate insurance coverage is a material obligation of the Contractor. Upon request, the Contractor shall provide certificate of insurance. The limits of coverage under each policy maintained by the Contractor shall not be interpreted as limiting the Contractor's liability and obligations under the Contract. All insurance policies shall be through insurers authorized or eligible to write policies in Florida. 36. Warranty of Authority. Each person signing the Contract warrants that he or she is duly authorized to do so and to bind the respective party to the Contract. 37. Warranty of Ability to Perform. The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor's ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the convicted vendor list maintained pursuant to section 287.133 of the Florida Statutes, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Customer in writing if its ability to perform is compromised in any manner during the term of the Contract. 38. Notices. All notices required under the Contract shall be delivered by certified mail, return receipt requested, by reputable air courier service, or by personal delivery to the agency PUR 1000 (10/06) Page 12 of 14 60A-1.002, F.A.C. Page 159 of 479 designee identified in the original solicitation, or as otherwise identified by the Customer. Notices to the Contractor shall be delivered to the person who signs the Contract. Either designated recipient may notify the other, in writing, if someone else is designated to receive notice. 39. Leases and Installment Purchases. Prior approval of the Chief Financial Officer (as defined in Section 17.001, F.S.) is required for State agencies to enter into or to extend any lease or installment-purchase agreement in excess of the Category Two amount established by section 287.017 of the Florida Statutes. 40. Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE). Section 946.515(2), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles which are the subject of, or required to carry out, the Contract shall be purchased from the corporation identified under Chapter 946 of the Florida Statutes (PRIDE) in the same manner and under the same procedures set forth in section 946.515(2) and (4) of the Florida Statutes; and for purposes of the Contract the person, firm, or other business entity carrying out the provisions of the Contract shall be deemed to be substituted for the agency insofar as dealings with such corporation are concerned." Additional information about PRIDE and the products it offers is available at hqp://www.pridefl.com. 41. Products Available from the Blind or Other Handicapped. Section 413.036(3), F.S. requires the following statement to be included in the solicitation: "It is expressly understood and agreed that any articles that are the subject of, or required to carry out, this contract shall be purchased from a nonprofit agency for the Blind or for the Severely Handicapped that is qualified pursuant to Chapter 413, Florida Statutes, in the same manner and under the same procedures set forth in section 413.036(l) and (2), Florida Statutes; and for purposes of this contract the person, firm, or other business entity carrying out the provisions of this contract shall be deemed to be substituted for the State agency insofar as dealings with such qualified nonprofit agency are concerned." Additional information about the designated nonprofit agency and the products it offers is available at http://www.respectofflorida.org. 42. Modification of Terms. The Contract contains all the terms and conditions agreed upon by the parties, which terms and conditions shall govern all transactions between the Customer and the Contractor. The Contract may only be modified or amended upon mutual written agreement of the Customer and the Contractor. No oral agreements or representations shall be valid or binding upon the Customer or the Contractor. No alteration or modification of the Contract terms, including substitution of product, shall be valid or binding against the Customer. The Contractor may not unilaterally modify the terms of the Contract by affixing additional terms to product upon delivery (e.g., attachment or inclusion of standard preprinted forms, product literature, "shrink wrap" terms accompanying or affixed to a product, whether written or electronic) or by incorporating such terms onto the Contractor's order or fiscal forms or other documents forwarded by the Contractor for payment. The Customer's acceptance of product or processing of documentation on forms furnished by the Contractor for approval or payment shall not constitute acceptance of the proposed modification to terms and conditions. PUR 1000 (10/06) Page 13 of 14 60A-1.002, F.A.C. Page 160 of 479 43. Cooperative Purchasing. Pursuant to their own governing laws, and subject to the agreement of the Contractor, other entities may be permitted to make purchases at the terms and conditions contained herein. Non-Customer purchases are independent of the agreement between Customer and Contractor, and Customer shall not be a party to any transaction between the Contractor and any other purchaser. State agencies wishing to make purchases from this agreement are required to follow the provisions of s. 287.042(16)(a), F.S. This statute requires the Department of Management Services to determine that the requestor's use of the contract is cost-effective and in the best interest of the State. 44. Waiver. The delay or failure by the Customer to exercise or enforce any of its rights under this Contract shall not constitute or be deemed a waiver of the Customer's right thereafter to enforce those rights, nor shall any single or partial exercise of any such right preclude any other or further exercise thereof or the exercise of any other right. 45. Annual Appropriations. The State's performance and obligation to pay under this contract are contingent upon an annual appropriation by the Legislature. 46. Execution in Counterparts. The Contract may be executed in counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. 47. Severability. If a court deems any provision of the Contract void or unenforceable, that provision shall be enforced only to the extent that it is not in violation of law or is not otherwise unenforceable and all other provisions shall remain in full force and effect. PUR 1000 (10/06) Page 14 of 14 60A-1.002, F.A.C. Page 161 of 479 AMENDMENT NO.: 1 - Renewal PARTICIPATING ADDENDUM NASPO ValuePoint Cooperative Procurement Program COMPUTER EQUIPMENT MASTER AGREEMENT Master Agreement No: MNWNC-101 Dell Marketing LP And The State of Florida Alternate Contract Source No.43211500-WSCA-I5-ACS This Amendment ("Amendment") effective April 1, 2017, to the Computer Equipment, Peripherals, & Services Contract No. 43211500-WSCA-15-ACS ("Contract"), between the State of Florida, Department of Management Services ("Department") and Dell Marketing LP ("Contractor") are collectively referred to herein as the "Parties." All capitalized terms used herein shall have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. Contract Renewal. The Department hereby executes its renewal option for a three (3) year period pursuant to Section 287.057(13), Florida Statutes. The new contract expiration date is March 31, 2020. I. Transaction Fees. The State of Florida, through the Department of Management Services, has instituted MyFloridaMarketPlace, a statewide eProcurement system pursuant to section 287.057(22), Florida Statutes. All payments issued by Customers to registered Vendors for purchases of commodities or contractual services will be assessed Transaction Fees as prescribed by rule 60A-1.031, Florida Administrative Code, or as may otherwise be established by law. Vendors must pay the Transaction Fees and agree to automatic deduction of the Transaction Fees, when automatic deduction becomes available. Vendors will submit any monthly reports required pursuant to the rule. All such reports and payments will be subject to audit. Failure to comply with the payment of the Transaction Fees or reporting of transactions will constitute grounds for declaring the Vendor in default and subject the Vendor to exclusion from business with the State of Florida. II. Public Records. The Participating Addendum is amended to add the following: If, under this Contract, the Contractor is providing services and is acting on behalf of a public agency as provided by section 119.0701(2)(b), 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 requirements are not disclosed except as authorized by law for the duration of the contract term and following 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 Page 162 of 479 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. 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 CONTRACT MANAGER. III. Annual Appropriation. The Participating Addendum is amended to add the following: Pursuant to section 287.0582, F.S., if the ACS binds the State or an agency for the purchase of services or tangible personal property for a period in excess of one fiscal year, the State of Florida's performance and obligation to pay under the ACS is contingent upon an annual appropriation by the Legislature. IV. Cooperation with the Inspector General. Pursuant to subsection 20.055(5), F.S., Contractor, and any subcontractor to the Contractor, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing. Upon request of the Inspector General or any other authorized State official, the Contractor must provide any type of information the Inspector General deems relevant to the Contractor's integrity or responsibility. Such information may include, but will not be limited to, the Contractor's business or financial records, documents, or files of any type or form that refer to or relate to the Contract. The Contractor will retain such records for five years after the expiration of the Contract, or the period required by the General Records Schedules maintained by the Florida Department of State (available at: http://dos.myflorida.com/library- archives/records-manag ement/general-records-schedules/), whichever is longer. The Contractor agrees to reimburse the State of Florida for the reasonable costs of investigation incurred by the Inspector General or other authorized State of Florida official for investigations of the Contractor's compliance with the terms of this or any other agreement between the Contractor and the State of Florida which results in the suspension or debarment of the Contractor. Such costs will include, but will not be limited to salaries of investigators, including overtime; travel and lodging expenses; and expert witness and documentary fees. V. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the Contract, the terms of this Amendment shall control. VI. Warrant of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. VII. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Contract shall continue in full force and effect. Contractor Participating Addendum Contact Name Katherine Dunay Address One Dell Way, Mail Stop RR 1-33, Round Rock, Texas 78682 Telephone 512-723-0818 Fax 512-283-9092 E-mail I Katherine unayp ell.com Page 2 of 3 Page 163 of 479 Participatina - Jeremv Williams .._ Address Florida Department of Management Services ..... ss .�........................... - hon 650-414-6740 Fax 850-414-8331 State f Florida, Dell Markoting L' Department of Mana ant Servicesg By.- m Name: Edn Rock Name. itla Chief of Stafflea Date: Page 3 of Page 164 of 479 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 2 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services This Amendment to the Computer Equipment Peripherals and Services 43211500-WSCA-15-ACS ("ACS") between the State of Florida, Department of Management Services ("Department"), and Dell Marketing LP ("Contractor"), collectively referred to herein as the "Parties," is effective upon execution by both Parties. WHEREAS the ACS was entered into by the Parties on August 15, 2015, to continue through March 31, 2017, for the provision of Computer Equipment Peripherals and Services, pursuant to State of Minnesota Master Agreement No. MNWNC-106; WHEREAS the Contract was subsequently renewed through March 31, 2020; and WHEREAS, the Parties agreed that the ACS may be amended by mutual agreement. NOW THEREFORE, for the mutual covenants contained herein, the Parties agree as follows: I. Amendment to the Participating Addendum. The ACS is amended to change the end of the term of the participating addendum to July 31, 2021, unless terminated earlier in accordance with the Special Contract Conditions. II. Amendment to the Participating Addendum. Section 4.D., Scrutinized Company List, is amended to add the following sentence: The Participating State may terminate this Addendum for cause if the Contractor is placed on the Scrutinized companies that Boycott Israel List or is engaged in a boycott of Israel. III. 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. IV. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the ACS, the terms of this Amendment shall control. V. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the ACS, as previously amended, shall continue in full force and effect. [signature page follows] Computer Equipment Peripherals and Services Page 1 of 1 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 165 of 479 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 2 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. Contractor: State of Florida: Dell Marketing LP Department of Management Services By: By: Name: Tami Fillyaw Name: Title: Chief of Staff Title: Date: Date: Computer Equipment Peripherals and Services Page 2 of 1 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 166 of 479 DocuSign Envelope ID:C29BE75F-7076-4875-9403-EFD4F8F5555F ENT MANAGEM; SERVICES We serve those who serve Florida AMENDMENT NO.: 2 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. Contractor: State of Florida: Dell Marketing LP Departmelpt�pfellfanagement Services Digitally signed by ne.C� Charlene_Wilkinson Charlene_Wilkinson AAMC t Art/ By: Date:2020.03.11 15:01:29-04'00' Name: hil lly" Name: Charlene L. Wilkinson Title: Chief of Staff Title: Commercial Counsel Date: 3/18/2020 1 1:08 PM EDT Date: 3/11/2020 Computer Equipment Peripherals and Services Page 2 of 2 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 167 of 479 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 3 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services This Amendment No. 3 (Amendment) to the Computer Equipment Peripherals and Services contract, contract number 43211500-WSCA-15-ACS ("ACS") between the State of Florida, Department of Management Services ("Department"), and Dell Marketing L.P. ("Contractor"), collectively referred to herein as the "Parties," is effective upon execution by both Parties. All capitalized terms used herein have the meaning assigned to them in the Participating Addendum unless otherwise defined herein. WHEREAS, the ACS was entered into by the Parties on August 15, 2015, to continue through March 31, 2017, for the provision of Computer Equipment Peripherals and Services, pursuant to State of Minnesota Master Agreement No. MNWNC-108; WHEREAS, the ACS was subsequently renewed through July 31, 2021; and WHEREAS, the Parties agreed that the ACS may be amended by mutual agreement as provided in Section 42, Modification of Terms, of the PUR 1000 incorporated into the ACS. NOW THEREFORE, for the mutual covenants contained herein, the Parties agree as follows: I. Amendment to the ACS. a) The ACS is amended to change the end of the term of the ACS to July 31, 2022, unless terminated earlier in accordance with the ACS. b) Section 4.A.1. i. and Section 11. of Amendment No. 1, Public Records, aredeleted entirelyand replaced with the following: Public Records 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: 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 CONTRACT MANAGER LISTED IN SECTION 4.3 OF THE SPECIAL CONTRACT CONDITIONS. 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: Computer Equipment Peripherals and Services Page 1 of 6 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 168 of 479 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 3 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services (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. 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. c) Section 4.D., Employment Eligibility Verification, is deleted in its entirety and replaced with the following: 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 (5) days of Contract execution. Computer Equipment Peripherals and Services Page 2 of 6 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 169 of 479 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 3 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services 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 (1) 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. d) Section 4.F., Scrutinized Company List, as amended by Amendment No. 2, is deleted in its entirety and replaced with the following: Scrutinized Company List: The Department may, at its option, terminate the Contract if the Contractor is found to have submitted a false certification as provided under section 287.135(5), F.S., or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or been engaged in business operations in Cuba or Syria, or to have been placed on the Scrutinized Companies that Boycott Israel List or is engaged in a boycott of Israel. e) Section IV. of Amendment No. 1, Cooperation with Inspector General, is deleted in its entirety and replaced with the following in 4.0.: 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. Computer Equipment Peripherals and Services Page 3 of 6 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 170 of 479 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 3 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services f) Section 4.P., Document Inspection, is hereby added as follows: Document Inspection. In accordance with section 216.1366, F.S., the Department 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 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 within 10 Business Days after the request is made g) Section 4.Q., Conduct of Business, is hereby added as follows: 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) Florida Statutes, the Contractor shall ensure a representative will be available to team members of the continuing oversight team. h) Section 4.R., Convicted, Discriminatory, Antitrust Violator, and Suspended Vendor Lists, is hereby added as follows: 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. Computer Equipment Peripherals and Services Page 4 of 6 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 171 of 479 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 3 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services 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. i) Section 4.S., Performance or Compliance Audits, is hereby added as follows: 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, the State of Florida's Chief Financial Officer, and the Office of the Auditor General shall also have authority to perform audits and inspections. j) Section 4.T., Information Technology Standards, is hereby added as follows: Pursuant to sections 282.0051 and 282.318, F.S., the Department is to establish standards for the implementation and management of information technology resources. Contractor agrees to cooperate with the Department and Customer in furtherance of efforts to comply with the standards, established in Rule Title 60GG, F.A.C., as applicable. II. 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. III. Conflict. To the extent any of the terms of this Amendment conflict with the terms of the ACS, the terms of this Amendment shall control. IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the ACS, as previously amended, shall continue in full force and effect. [Signature Page Follows] Computer Equipment Peripherals and Services Page 5 of 6 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 172 of 479 Department of MANAGEMENT SERVICES I We serve those who serve Florida AMENDMENT NO.: 3 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services IN WITNESS WHEREOF, the Parties have executed this Amendment by their duly authorized representatives. State of Florida: Contractor: Department of Management Services Dell Marketing L.P. By: By: Name: J. Todd Inman Name: Title: Secretary Title: Date: Date: Computer Equipment Peripherals and Services Page 6 of 6 Alternate Contract Source No.: 43211500-WSCA-15-ACS Page 173 of 479 DocuSign Envelope ID:1482B415-D207-4659-9ABC-D9D6C67C21 FO Department of MANAGEMENT SERVICES We serve those who serve Florida AMENDMENT NO.: 3 Alternate Contract Source No.: 43211500-WSCA-15-ACS Alternate Contract Source Name: Computer Equipment Peripherals and Services IN WITNESS WHEREOF,the Parties have executed this Amendment by their duly authorized representatives. State o lorida: Contractor: Depa ent of M gement Services Dell Mark8ng h P. d y. I By: By: F(Z i Name: !.To d Inman Nam .-a14FwGl felad Title: Secretary Title:Contract Administrator Date: 7/?A/ 'Zv 2..( Date7/27/2021 11:43 PM PDT Computer Equipment Peripherals and Services Page 6 of 6 Alternate Contract Source No.: 43211500-WSCA-I5-ACS Page 174 of 479 6.B. Consent Agenda 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Proposed Resolution No. R22-059-Approve and authorize the City Manager to sign a Contract with the list of the top ranked qualifiers as determined by the Evaluation Committee from the submissions received in response to the "Request for Qualifications for Cured-I n-Place Pipe Lining (CI PP), RFQ No. UTL22-013, as pre-qualified Contractors with the skills, experience and requisite products needed to successfully perform Cured-In-Place Pipe Lining. Explanation of Request: CONTRACT TERM: APRI L 19, 2022 TO APRI L 18, 2025 The City issued a Request for Qualifications seeking qualified Contractors with specific experience with installing cured-in-place pipe (CI PP) liner using a resin-impregnated flexible tube method that is formed to the original conduit by use of hydrostatic pressure. Planned rehabilitations utilizing this method in City's Wastewater and Stormwater System will consist of, but are not limited to: cleaning the existing sewer gravity mains, stormwater drain pipes; internal pre-rehabilitation closed circuit television (CCTV) inspections; furnishing and installing CIPP liners; reconnection and grouting of existing service laterals; obtaining material field samples for testing; preparation of inspections reports and CCTV post rehabilitation final inspections. On February 28, 2022, the City received seven responses to this Request for Qualifications. The responses were reviewed and evaluated by the Ranking Committee. BLD Services, LLC was deemed Non-Responsive and was not evaluated due to the Proposer's Qualification Statement Form not being submitted. The aforementioned form is a mandatory and notarized form required for all submittals. In addition, the firm did not include the required Pipeline Assessment Certification Program (PACP) certifications from National Association of Sewer Service Companies (NASSCO). A Public Meeting was held on Tuesday, March 29, 2022 for the Ranking Committee to read their scores which resulted in the top three ranked firms listed below. FIRM SCORE RANKING (Maximum— 100)i I nsituform Technologies 73.94 1 Granite I nliner, LLC 71.36 2 GCU, LLC (Gulf Coast Underground, LLC) 65.45 3 Miller Pipeline, LLC 63.33 4 Hinterland Group, Inc. 61.52 5 American Infrastructure Technologies Corporation 61.36 6 (AITC) The City will issue a Bid for each specific Cl PP Lining Project, on an "as-needed basis" to the three pre- qualified contractors. The lowest bid from the three pre-qualified contractors will be awarded the purchase order. Each low Bid over $100,000.00 will be brought to Commission for approval to award. The contract term will be three (3) years with an option for two (2) additional one-year terms, renewed at the Page 175 of 479 sole discretion of the City. How will this affect city programs or services? By pre-qualifying contractors to perform the work as specified in the bids, the City will be assured that qualified and experienced utility contractors will submit bids to complete the work. Fiscal Impact: Funds for this expenditure are available in the Utilities Cl P Fund Accounts Fiscal impact is dependent on each purchase approval from the list of vendors. All low bids over $100,000.00 will be submitted to Commission for approval. Alternatives: Not approve the pre-qualified contractors and issue a bid to all utility contractors for each CIPP Liner Project. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Insituform Technologies, LLC ; Granite Inliner, LLC; GCU, LLC (Gulf Coast Underground, LLC) Start Date: 4/19/2022 End Date: 4/18/2027 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: The contract term will be three (3) years with an option for two (2) additional one-year terms, renewed at the sole discretion of the City. Page 176 of 479 Attachments: Type Description D Resolution Resolution approving top three companies for Cured In Place Pipe lining D Tab Sheets Tabulation Sheet D Attachment Evaluation Score Summary D Contract EBF Q UTL22-013 Cured-In-Place Pipe Lining - Contract- I nsituform Technologies LLC D Contract EBF Q UTL22-013 Cured-In-Place Pipe Lining - Contract- Granite I nliner LLC RFQ UTL22-013 Cured-In-Place Pipe Lining - D Contract Contract- GCU LLC (Gulf Coast Underground LLC) D Letter Letter to Non-Responsive Bidder Page 177 of 479 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 CONTRACT WITH THE LIST OF THE TOP RANKED QUALIFIERS AS 6 DETERMINED BY THE EVALUATION COMMITTEE FROM THE 7 SUBMISSIONS RECEIVED IN RESPONSE TO THE "REQUEST FOR 8 QUALIFICATIONS FOR CURED-IN-PLACE PIPE LINING (CIPP), RFQ NO. 9 UTL22-013, AS PRE-QUALIFIED CONTRACTORS WITH THE SKILLS, 10 EXPERIENCE AND REQUISITE PRODUCTS NEEDED TO SUCCESSFULLY 11 PERFORM CURED-IN-PLACE PIPE LINING; AND PROVIDING AN 12 EFFECTIVE DATE. 13 14 WHEREAS, the City issued a Request for Qualifications seeking qualified 15 Contractors with specific experience with installing cured-in-place pipe (CIPP) liner using a 16 resin-impregnated flexible tube method that is formed to the original conduit by use of 17 hydrostatic pressure; and 18 WHEREAS, a Public Meeting was held on Tuesday, March 29, 2022 for the Ranking 19 Committee to read their scores which resulted in the top three ranked firms; and 20 WHEREAS, the City will issue a Bid for each specific CIPP Lining Project, on an "as- 21 needed basis" to the three pre-qualified contractors and the lowest bid from the three pre- 22 qualified contractors will be awarded the purchase order, however, each low Bid over 23 $100,000.00 will be brought to Commission for approval to award; 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 of the City of Boynton Beach to 26 approve and Authorize the City Manager to sign a contract with the list of the top ranked 27 qualifiers as determined by the Evaluation Committee from the submissions received in 28 response to the "Request for Qualifications for Cured-In-Place Pipe Lining (CIPP), RFQ No. 29 UTL22-013, as pre-qualified Contractors with the skills, experience and requisite products 30 needed to successfully perform Cured-In-Place Pipe Lining. 31 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 32 OF BOYNTON BEACH, FLORIDA, THAT: 33 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 34 as being true and correct and are hereby made a specific part of this Resolution upon S:ACA\RESO\Agreements\Award Bid and Contracts for Cured In Place Pipe Lining-Reso.docx -1 - Page 178 of 479 35 adoption. 36 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby 37 approves and authorizes the City Manager to sign a contract with the list of the top ranked 38 qualifiers as determined by the Evaluation Committee from the submissions received in 39 response to the "Request for Qualifications for Cured-In-Place Pipe Lining (CIPP), RFQ No. 40 UTL22-013, as pre-qualified Contractors with the skills, experience and requisite products 41 needed to successfully perform Cured-In-Place Pipe Lining, a copy of each Contract is attached 42 hereto and incorporated herein as Exhibits "A", "B" and "C". 43 Section 3. That this Resolution shall become effective immediately. 44 PASSED AND ADOPTED this 19th day of April, 2022. 45 CITY OF BOYNTON BEACH, FLORIDA 46 YES NO 47 Mayor—Ty Penserga 48 Vice Mayor—Angela Cruz 49 Commissioner—Woodrow L. Hay 50 Commissioner—Thomas Turkin 51 Commissioner— District 4 (Vacant) 52 VOTE 53 ATTEST: 54 55 56 Crystal Gibson, MMC 57 City Clerk 58 59 60 (Corporate Seal) S:ACA\RESO\Agreements\Award Bid and Contracts for Cured In Place Pipe Lining-Reso.docx -2- Page 179 of 479 UT122-013-Cured-In-Place Pine Lining-Overview of Specifications-Compliance T.b,latio— .......................... ......... ................................... Bid Number: UTL22-013 Bid Name: Cured-In-Place Pipe Lining Closing Date:2/28/2022 2:30:00 PM Number of Submissions Received: 7 Consensus Meeting: 3/29/2022 10:30:00 AM EVALUATORS Name Stage 1. Taralyn Pratt Submittal Compliance F2. Thorley Johnson Evaluation 3. Tremaine Johnson Evaluation 4. Juan Cuesta Evaluation STAGES ffN/A Name Type Weight Submital Compliance Compliance N/A Evaluation Evaluation 100.00 Grand Total: 100.00 SCORES Submital Compliance Vendor Score American Infrastructure Technologies Corporation Pass BLD Services LLC Fail 'I LLC Pass Granite Inliner, LLC Pass Hinterland Group, Inc. Pass Insituform Technologies, LLC Pass Miller Pipeline, LLC Pass 1 Evaluation Vendor Score out of 100.00 American Infrastructure Technologies Corporation 61.36 GCU, LLC 65.45 Granite Inliner, LLC 71.36 Hinterland Group, Inc. 61.52 Insituform Technologies, LLC 73.94 Miller Pipeline, LLC 63.33 Page 181 of 479 CUMULATIVE SCORE RESULTS Rank Vendor Score out of 100.00 1 Insituform Technologies, LLC 73.94 2 Granite Inliner, LLC 71.36 3 GCU, LLC 65.45 4 Miller Pipeline, LLC 63.33 5 Hinterland Group, Inc. 61.52 6 American Infrastructure Technologies Corporation 61.36 Page 182 of 479 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR CURED-IN-PLACE PIPE LINING THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as"CITY", and INSITUFORM TECHNOLOGIES, LLC, authorized to do business in the State of Florida, with a business address of 17988 Edison Avenue, Chesterfield, MO 63005, hereinafter referred to as the "CONTRACTOR". 1. PROJECT DESIGNATION: The Contractor is retained by the City to perform cured-in-place pipe lining in connection with the RFQ FOR CURED-IN-PLACE PIPE LINING; RFQ No.: UTL22-013. 2. SCOPE OF SERVICES/PROCESS: This Agreement applies to the performance of Cured-In-Place Pipe Lining projects,which are projects that consist of installing cured-in-place pipe liner using a resin-impregnated flexible tube method that is formed to the original conduit by use of hydrostatic pressure. Rehabilitations will be made to the City's Wastewater and existing Stormwater Systems.The Cured-In-Place Pipe Lining (CIPP)projects shall be initiated by the City upon issuance of a detailed solicitation and shall be advertised to all pre- qualified Cured-In-Place Pipe Lining (CIPP) Contractors. As needed, a Bid will be issued outlining the scope of services for specific task(s). The work will be performed on an as-needed basis at various locations throughout the City of Boynton Beach and extended wastewater and stormwater service area. No project under this contract shall require a bid, payment,or performance bond unless specifically noticed in the solicitation. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and a written Notice to Proceed. The award of bid will be based upon the pre-qualified Contractor's competitive proposal submittal. 3. CONTRACT DOCUMENTS: Work performed under this Agreement shall be in accordance with the following Boynton Beach Utilities Standard Contract and Construction documents: 3.1 Request for Qualifications/Bid Document 3.2 Notice to Proposers 3.3 RFQ/Bid Forms (including the RFQ Document, Bid, Scope of Service(s), Information Required of Proposer, and all required certificates, affidavits, and other documentation. 3.4 Contract 3.5 Contractor's Performance and Payment Bond 3.6 General Conditions for Construction 3.7 Special/Supplemental Conditions 3.8 Technical Specifications 3.9 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utilities/new-construction) RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIPP) 37 Page 189 Uf 4:74 3.10 Drawings specific to each project 3.11 Addendum No. 1 &Addendum No. 2 4. TIME FOR PERFORMANCE: Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work products required pursuant to this agreement upon written notice to proceed. 5. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of three(3)years.The City of Boynton Beach may renew the contract with the same terms and conditions for two (2) one-year renewal periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s)shall not exceed a six-month period. 6. PAYMENT PROCEDURES: Payment for the work provided by CONTRACTOR shall be made promptly on all Applications for Payment / 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 Agreement signed by the City Manager or designee. The City will pay the CONTRACTOR for the performance of the work that is completed to date in accordance with the contract price at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. 6.1 The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for the 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. 6.2 Final payment of any balance due to 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 under this CONTRACT and its acceptance by the City. 6.3 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. 6.4 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. 6.5 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: 6.5.1 Defective Work not remedied. 6.5.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. 6.5.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 6.5.4 Damage to another CONTRACTOR not remedied. 6.5.5 Liquidated Damages and costs incurred by the City for extended RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 38 Page 184 Of 4WIJ construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of surety, satisfactory to the City,which will protect the City in the amount withheld, payment may be made in whole or in part. 7. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Agreement. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. 8. OWNERSHIP AND USE OF DOCUMENTS: 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 Firm shall be permitted to retain copies, including reproducible copies of drawings and specifications for information, reference, and use in connection with the Firm's endeavors. 9. COMPLIANCE WITH LAWS: 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. 10. 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, 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. 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 with 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(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. 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. Contractor shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Contractor acknowledges that the City is relying on the competence of the Contractor to design the project to meet its functional intent. If it is RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 39 Page 185 of 4:79y determined during construction of the project that changes must be made due to Contractor's negligent errors and omissions, Contractor 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 12. INDEPENDENT CONTRACTOR: The CONTRACTOR and the City agree that the CONTRACTOR 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 CONTRACTOR nor any employee of CONTRACTOR 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 CONTRACTOR, or any employee of CONTRACTOR. 13. 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. 14. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITITES: If a Contractor is awarded a contract as a result if this solicitation, Contractor will, if Contractor 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 Request for Qualifications and resulting award. 15. DISCRIMINATION PROHIBITED: The CONTRACTOR, 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. 16. ASSIGNMENT: The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 17. 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. 18. TERMINATION: 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 RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 40 CONTRACTOR 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 CONTRACTOR and the City, if the City so chooses. 19. 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. 20. 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 CONTRACTOR shall be sent to the following: Attention: Diane Partridge Address: 17988 Edison Avenue Chesterfield, MO 63005 Contact#: (636) 350-8650 Email: dpartridge@aegion.com 21. 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. 22. 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 RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 41 P age 18:7 of 4:799 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 AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 23. E-VERIFY: 23.1 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 herein below. 23.1.1 Definitions for this Section: A. "Contractor' means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. B. "Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 23.1.2 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. RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 42 Page 188 Uf 4:74 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. 24. SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 25. MISCELLANEOUS: 25.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 25.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 25.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 43 Page 189 of 4:799 25.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 25.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 25.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 25.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 25.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement,and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 25.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 26. DEFAULT OF CONTRACT& REMEDIES: 26.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 26.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 26.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 26.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 26.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7)days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 44 Page 198 of 4:799 26.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 26.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy(unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty(60)days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30)days. 26.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment,delay, refusal,failure, neglect,or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7)days of when notice was sent by CITY,CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10)days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 26.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 26.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 26.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 26.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar(14)days of the receipt by CONTRACTOR of such notice from CITY. SIGNATURE PAGE FOLLOWS RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 45 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH NAME OF VENDOR Lori LaVerriere, City Manager Contractor Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Witness RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 46 Page 192 City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing 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 orlower 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 Prod ucts-Comp/Op Agg. $ 1,000,000.00 Owners &Contractor's Protective(OCP) Personal &Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $ 50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ----------------------------------------------------------------------------------------------------------------------------------------------------------------•---------- Professional Liability Aggregate -$ 1,000,000.00 ----------------------------------------------------------------------------------------------------------------------------------------------------------------•---------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ------------------------------------------------------------------------------------------------------------------------------------------ Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------ Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------ Property: Homeowners Revocable Permit $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 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY Revised 4/2021 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR CURED-IN-PLACE PIPE LINING THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and GRANITE INLINER, LLC, authorized to do business in the State of Florida, with a business address of 2531 Jewett Lane, Sanford, Florida 32771, hereinafter referred to as the"CONTRACTOR". 1. PROJECT DESIGNATION: The Contractor is retained by the City to perform cured-in-place pipe lining in connection with the RFQ FOR CURED-IN-PLACE PIPE LINING; RFQ No.: UTL22-013. 2. SCOPE OF SERVICES/PROCESS: This Agreement applies to the performance of Cured-In-Place Pipe Lining projects,which are projects that consist of installing cured-in-place pipe liner using a resin-impregnated flexible tube method that is formed to the original conduit by use of hydrostatic pressure. Rehabilitations will be made to the City's Wastewater and existing Stormwater Systems.The Cured-In-Place Pipe Lining (CIPP)projects shall be initiated by the City upon issuance of a detailed solicitation and shall be advertised to all pre- qualified Cured-In-Place Pipe Lining (CIPP) Contractors. As needed, a Bid will be issued outlining the scope of services for specific task(s). The work will be performed on an as-needed basis at various locations throughout the City of Boynton Beach and extended wastewater and stormwater service area. No project under this contract shall require a bid, payment,or performance bond unless specifically noticed in the solicitation. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and a written Notice to Proceed. The award of bid will be based upon the pre-qualified Contractor's competitive proposal submittal. 3. CONTRACT DOCUMENTS: Work performed under this Agreement shall be in accordance with the following Boynton Beach Utilities Standard Contract and Construction documents: 3.1 Request for Qualifications/Bid Document 3.2 Notice to Proposers 3.3 RFQ/Bid Forms (including the RFQ Document, Bid, Scope of Service(s), Information Required of Proposer, and all required certificates, affidavits, and other documentation. 3.4 Contract 3.5 Contractor's Performance and Payment Bond 3.6 General Conditions for Construction 3.7 Special/Supplemental Conditions 3.8 Technical Specifications 3.9 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utilities/new-construction) RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIPP) 37 Page 194 of 4:74 3.10 Drawings specific to each project 3.11 Addendum No. 1 &Addendum No. 2 4. TIME FOR PERFORMANCE: Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work products required pursuant to this agreement upon written notice to proceed. 5. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of three(3)years.The City of Boynton Beach may renew the contract with the same terms and conditions for two (2) one-year renewal periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s)shall not exceed a six-month period. 6. PAYMENT PROCEDURES: Payment for the work provided by CONTRACTOR shall be made promptly on all Applications for Payment / 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 Agreement signed by the City Manager or designee. The City will pay the CONTRACTOR for the performance of the work that is completed to date in accordance with the contract price at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. 6.1 The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for the 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. 6.2 Final payment of any balance due to 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 under this CONTRACT and its acceptance by the City. 6.3 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. 6.4 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. 6.5 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: 6.5.1 Defective Work not remedied. 6.5.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. 6.5.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 6.5.4 Damage to another CONTRACTOR not remedied. 6.5.5 Liquidated Damages and costs incurred by the City for extended RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 38 Page 195 Of 4WIJ construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of surety, satisfactory to the City,which will protect the City in the amount withheld, payment may be made in whole or in part. 7. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Agreement. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. 8. OWNERSHIP AND USE OF DOCUMENTS: 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 Firm shall be permitted to retain copies, including reproducible copies of drawings and specifications for information, reference, and use in connection with the Firm's endeavors. 9. COMPLIANCE WITH LAWS: 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. 10. 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, 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. 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 with 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(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. 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. Contractor shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Contractor acknowledges that the City is relying on the competence of the Contractor to design the project to meet its functional intent. If it is RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 39 Page 196 of 4:79y determined during construction of the project that changes must be made due to Contractor's negligent errors and omissions, Contractor 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 12. INDEPENDENT CONTRACTOR: The CONTRACTOR and the City agree that the CONTRACTOR 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 CONTRACTOR nor any employee of CONTRACTOR 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 CONTRACTOR, or any employee of CONTRACTOR. 13. 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. 14. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITITES: If a Contractor is awarded a contract as a result if this solicitation, Contractor will, if Contractor 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 Request for Qualifications and resulting award. 15. DISCRIMINATION PROHIBITED: The CONTRACTOR, 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. 16. ASSIGNMENT: The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 17. 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. 18. TERMINATION: 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 RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 40 CONTRACTOR 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 CONTRACTOR and the City, if the City so chooses. 19. 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. 20. 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 CONTRACTOR shall be sent to the following: Attention: Michael Cannon Address: 2531 Jewett Lane Sanford, FL 32771 Contact#: (407)472-0014 Email: mike.cannon@gcinc.com 21. 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. 22. 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 RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 41 Page 198 of 4:799 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 AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 23. E-VERIFY: 23.1 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 herein below. 23.1.1 Definitions for this Section: A. "Contractor' means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. B. "Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 23.1.2 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. RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 42 Page 199 of 4:74 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. 24. SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 25. MISCELLANEOUS: 25.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 25.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 25.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 43 Page 288 of 4:799 25.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 25.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 25.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 25.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 25.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement,and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 25.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 26. DEFAULT OF CONTRACT& REMEDIES: 26.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 26.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 26.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 26.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 26.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7)days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 44 Page 281 of 4:799 26.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 26.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy(unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty(60)days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30)days. 26.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment,delay, refusal,failure, neglect,or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7)days of when notice was sent by CITY,CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10)days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 26.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 26.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 26.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 26.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar(14)days of the receipt by CONTRACTOR of such notice from CITY. SIGNATURE PAGE FOLLOWS RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 45 Page 282 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH NAME OF VENDOR Lori LaVerriere, City Manager Contractor Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Witness RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 46 Page 289 City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing 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 orlower 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 Prod ucts-Comp/Op Agg. $ 1,000,000.00 Owners &Contractor's Protective(OCP) Personal &Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $ 50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ----------------------------------------------------------------------------------------------------------------------------------------------------------------•---------- Professional Liability Aggregate -$ 1,000,000.00 ----------------------------------------------------------------------------------------------------------------------------------------------------------------•---------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ------------------------------------------------------------------------------------------------------------------------------------------ Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------ Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------ Property: Homeowners Revocable Permit $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 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY Revised 4/2021 AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND CONTRACTORS FOR CURED-IN-PLACE PIPE LINING THIS AGREEMENT is entered into by and between the CITY OF BOYNTON BEACH, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and GCU, LLC (Gulf Coast Underground, LLC), authorized to do business in the State of Florida, with a business address of 5655 Middle Road, Theodore, Alabama 36582, hereinafter referred to as the "CONTRACTOR". 1. PROJECT DESIGNATION: The Contractor is retained by the City to perform cured-in-place pipe lining in connection with the RFQ FOR CURED-IN-PLACE PIPE LINING; RFQ No.: UTL22-013. 2. SCOPE OF SERVICES/PROCESS: This Agreement applies to the performance of Cured-In-Place Pipe Lining projects,which are projects that consist of installing cured-in-place pipe liner using a resin-impregnated flexible tube method that is formed to the original conduit by use of hydrostatic pressure. Rehabilitations will be made to the City's Wastewater and existing Stormwater Systems.The Cured-In-Place Pipe Lining (CIPP)projects shall be initiated by the City upon issuance of a detailed solicitation and shall be advertised to all pre- qualified Cured-In-Place Pipe Lining (CIPP) Contractors. As needed, a Bid will be issued outlining the scope of services for specific task(s). The work will be performed on an as-needed basis at various locations throughout the City of Boynton Beach and extended wastewater and stormwater service area. No project under this contract shall require a bid, payment,or performance bond unless specifically noticed in the solicitation. Projects will commence only upon issuance of a valid Purchase Order by the Finance Department and a written Notice to Proceed. The award of bid will be based upon the pre-qualified Contractor's competitive proposal submittal. 3. CONTRACT DOCUMENTS: Work performed under this Agreement shall be in accordance with the following Boynton Beach Utilities Standard Contract and Construction documents: 3.1 Request for Qualifications/Bid Document 3.2 Notice to Proposers 3.3 RFQ/Bid Forms (including the RFQ Document, Bid, Scope of Service(s), Information Required of Proposer, and all required certificates, affidavits, and other documentation. 3.4 Contract 3.5 Contractor's Performance and Payment Bond 3.6 General Conditions for Construction 3.7 Special/Supplemental Conditions 3.8 Technical Specifications 3.9 City Construction Standards and Details (available online at: www.boynton- beach.org/water-utilities/new-construction) RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIPP) 37 Page 285 Uf 4:74 3.10 Drawings specific to each project 3.11 Addendum No. 1 &Addendum No. 2 4. TIME FOR PERFORMANCE: Work under this agreement shall commence upon written notice by the City to the CONTRACTOR to proceed. CONTRACTOR shall perform all services and provide all work products required pursuant to this agreement upon written notice to proceed. 5. TERM: This Agreement shall commence upon Commission approval and shall be valid for an initial term of three(3)years.The City of Boynton Beach may renew the contract with the same terms and conditions for two (2) one-year renewal periods subject to vendor acceptance, satisfactory performance, and determination that renewal will be in the best interest of the City. At the City's request, the Firm shall continue services beyond the final expiration date as approved by the City Manager or City Commission. Such extension(s)shall not exceed a six-month period. 6. PAYMENT PROCEDURES: Payment for the work provided by CONTRACTOR shall be made promptly on all Applications for Payment / 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 Agreement signed by the City Manager or designee. The City will pay the CONTRACTOR for the performance of the work that is completed to date in accordance with the contract price at the lump sum or unit prices presented by the CONTRACTOR and accepted by the City. 6.1 The CONTRACTOR may submit invoices to the City once per month during the progress of the work for partial payment for the 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. 6.2 Final payment of any balance due to 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 under this CONTRACT and its acceptance by the City. 6.3 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. 6.4 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. 6.5 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: 6.5.1 Defective Work not remedied. 6.5.2 Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR. 6.5.3 Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. 6.5.4 Damage to another CONTRACTOR not remedied. 6.5.5 Liquidated Damages and costs incurred by the City for extended RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 38 construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of surety, satisfactory to the City,which will protect the City in the amount withheld, payment may be made in whole or in part. 7. CONTRACTOR GUARANTEE: CONTRACTOR warrants all work, materials, and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Agreement. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. 8. OWNERSHIP AND USE OF DOCUMENTS: 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 Firm shall be permitted to retain copies, including reproducible copies of drawings and specifications for information, reference, and use in connection with the Firm's endeavors. 9. COMPLIANCE WITH LAWS: 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. 10. 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, 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. 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 with 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(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. 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. Contractor shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Contractor acknowledges that the City is relying on the competence of the Contractor to design the project to meet its functional intent. If it is RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 39 Page 28:7 of 4:79y determined during construction of the project that changes must be made due to Contractor's negligent errors and omissions, Contractor 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 12. INDEPENDENT CONTRACTOR: The CONTRACTOR and the City agree that the CONTRACTOR 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 CONTRACTOR nor any employee of CONTRACTOR 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 CONTRACTOR, or any employee of CONTRACTOR. 13. 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. 14. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITITES: If a Contractor is awarded a contract as a result if this solicitation, Contractor will, if Contractor 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 Request for Qualifications and resulting award. 15. DISCRIMINATION PROHIBITED: The CONTRACTOR, 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. 16. ASSIGNMENT: The CONTRACTOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 17. 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. 18. TERMINATION: 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 RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 40 CONTRACTOR 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 CONTRACTOR and the City, if the City so chooses. 19. 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. 20. 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 CONTRACTOR shall be sent to the following: Attention: Spencer Tuell/ Denise Davis Address: 5655 Middle Road Theodore, Alabama 36582 Contact#: (251) 725-0200 Email: ddavis@gulfcoastunderground.com 21. 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. 22. 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 RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 41 Page 289 of 4:799 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 AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 23. E-VERIFY: 23.1 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 herein below. 23.1.1 Definitions for this Section: A. "Contractor' means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. B. "Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E-Verify system" means an Internet-based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 23.1.2 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. RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 42 Page 21 We Uf 4:74 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. 24. SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this Bid, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5)days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90)days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 25. MISCELLANEOUS: 25.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 25.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 25.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 43 Page 211 of 4:799 25.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 25.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 25.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 25.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 25.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement,and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 25.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 26. DEFAULT OF CONTRACT& REMEDIES: 26.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 26.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 26.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 26.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 26.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7)days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 44 Page 212 of 4:799 26.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 26.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy(unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty(60)days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30)days. 26.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment,delay, refusal,failure, neglect,or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7)days of when notice was sent by CITY,CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10)days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 26.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 26.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re-letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 26.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 26.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar(14)days of the receipt by CONTRACTOR of such notice from CITY. SIGNATURE PAGE FOLLOWS RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 45 Page 2180 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of 20 CITY OF BOYNTON BEACH NAME OF VENDOR Lori LaVerriere, City Manager Contractor Attest/Authenticated: Title (Corporate Seal) Crystal Gibson, City Clerk Approved as to Form: Attest/Authenticated: James A. Cherof, City Attorney Witness RFQ No.UTL22-013—Cured-In-Place Pipe Lining(CIDP) 46 Page 214 ,-f 4;ZA City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as"Certificate Holder"and"The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of"B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing 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 orlower 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 Prod ucts-Comp/Op Agg. $ 1,000,000.00 Owners &Contractor's Protective(OCP) Personal &Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage(any one fire) $ 50,000.00 Broad Form Vendors Med. Expense(any one person) $ 5,000.00 Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ----------------------------------------------------------------------------------------------------------------------------------------------------------------•---------- Professional Liability Aggregate -$ 1,000,000.00 ----------------------------------------------------------------------------------------------------------------------------------------------------------------•---------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non-Owned Autos ------------------------------------------------------------------------------------------------------------------------------------------ Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------ Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------ Property: Homeowners Revocable Permit $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 ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------- INSURANCE ADVISORY Revised 4/2021 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 VIA EMAIL: nicole bldllc.net April 12, 2022 Nicole Little BLD Services, LLC 2424 Tyler St. Kenner, LA 70062 RE: RFQ No. UTL22-013—Cured-In-Place Pipe Lining (CIPP) Dear Ms. Little: After reviewing your proposal/bid received in response to the subject Request for Qualifications RFQ No. UTL22-013 Cured-In-Place Pipe Lining (CIPP), the City of Boynton Beach has determined that your proposal/bid is not responsive to the requirements of the subject Request for Qualifications in the following area(s): Section 4. #10. Submittal of General Information and Procurement Forms and Documents states "Procurement forms must be completed, signed, notarized, uploaded and or acknowledged when required and submitted." Proposer's Qualification Statement Form is located in Appendix "A" pages 23-29. BLD Services, LLC failed to provide Proposer's Qualification Statement Form, and is, therefore noncompliant with this requirement. For the reason(s) specified above, BLD Services, LLC has been deemed non-responsive to the Request for Qualifications (RFQ) requirements and is eliminated from further consideration for the subject RFQ No. UTL22-013 Cured-In-Place Pipe Lining (CIPP). Thank you for your interest in doing business with the City of Boynton Beach. If you have any questions, please contact me at (561) 742-6308 or at my e-mail address: prattt bbfi.us. Sincerely, 74na4w matt Taralyn Pratt Contract Administrator cc: Kris Pinto - Purchasing Manager- Finance File Page 216 of 479 6.C. Consent Agenda 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Approve the purchase of one (1) replacement Thompson Pump that was approved in the FY21-22 budget for an estimated amount of$60,035.00 by utilizing the following contract: Florida Sheriffs Association, FSA20-EQU18.0. Explanation of Request: The Fleet Manager recommends the purchase of one (1) replacement pump, a Thompson bypass pump for use at lift stations throughout the City. Attached is a spreadsheet indicating vendor, number of units ordered, user department, bid/contract information and cost. FSA20-EQU18.0 (Effective October 1, 2020—September 30, 2023). The Fleet Maintenance Division intends to award the following vendor for purchase as follows (see attached Exhibit 1 for vendor details): 1. Thompson Pumps for one (1) Thompson Pumps 6" enclosed pump for Utilities in the amount of $60,035.00. This unit utilizes the FSA20-EQU18.0 contract. How will this affect city programs or services? Pump will be used throughout the City to provide utility services. Fiscal Impact: The total amount of$54,080.00 was approved in the FY 20-21 budget for this purchase of$60,035.00. Due to other items coming under budget in the Utilities pre-funding account, overall purchases still fall below this year's proposed budget. Alternatives: By deferring purchases, departmental maintenance cost and equipment downtime would increase. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 217 of 479 Contracts Vendor Name: Thompson Pump Start Date: 10/1/2020 End Date: 9/30/2023 Contract Value: Minority Owned Contractor?: No Extension Available?: No Extension Explanation: Attachments: Type Description D Attachment Fleet Vehicle Purchase Y21-22 for Utilities.pdf D Contract FL Sheriff Association Contract F20- EQU13.0 and 02uote.pdf Page 218 of 479 0 LO co) O,o a ~IC ('o 64 rl— O r N 0 W N � a !V N 0 o - so n N C Vti CC) 2 N z ao 6 LCL O T a N N IL N 0 N N —_ ------- LU _W c•! j IL N �I a' 0 m V v LL 's ;. � c o w m z'o U'Ll o = 8 [0 L - o' ` C r d) W 10 U H m "N U ,y m IL Z LU a c_ G7 � ;v Q W y a r E � � o 0 E (L Z e C n a � � c t d N d �Ip I U Dla vi Z a o E 3125122,7:12 AM The Florida Sheriffs Association f (https://www.facebook.com/floridasheriffsassociation/) (https://twitter.com/FLSheriffs) s X' ASSOONTION (https://www.fisheriffs.org/) Become a Member(https://membership.fisheriffs.org/Membership-LP.html#Choose) About Sheriffs Programs Publications .Join Today(https://membershipJlsheriffs.org/Membership-LP.htmi) Renew Membership (https://membershipJlsheriffs.org/Membership-LP.html#Choose) PURCHASING Back to Main Purchasing Page (https://www.flsheriffs.org/law-enforcement- programs/cooperative-purchasing-program) FS 20-EQU1OR HEAVY EQUIPMENT Contract Term: October 1, 2020 — September 30, 2023 The Florida Sheriffs Association in partnership with the Florida Association of Counties offers statewide purchasing contracts on a variety of vehicles, equipment and services that are available to all eligible agencies. While most agencies purchasing from our contracts are within the state of Florida, eligible agencies from other states have used the contracts if their governing purchases ordinance allows. https://www.flshedffs.orgAaw-enforcement-programsipurchasingifsa2Oequl8 Page 220 of 470 3125122,7:12 AM The Florida Sheriffs Association For details of the products and services available, use the links located below that match the commodity you are seeking to purchase. The bid links will take you to pages that are solely dedicated to the bid award for particular commodities. Follow the purchasing instructions and remember to send CPP a copy of your purchase order. Continue to scroll the bottom of the page to find links to all the bid supporting bid documents. The bid awards and schedules are supported by a dedicated FSA staff with the assistance of our Advisory Board(s). We are available Monday through Friday to answer any questions or assist you in your purchasing transactions. Before you make a purchase, we encourage you to read the terms and conditions associated with each commodity. There are certain requirements for manufacturers, vendors, and the end user that you should be familiar with prior to and after the initial acquisition. These terms and conditions are written based on best practices to simplify the process for the buyer and the seller. Since its inception in November 1993, approximately 70,580 vehicles and equipment have been purchased through these programs, resulting in tremendous savings and workload efficiencies for participating agencies statewide. Purchaser Ordering Process Tutorial I 0:00 https:/Iwww.flsheriffs.orgfaw-enforcement-programsipurchasinglfsa2Oequl8 Page 221 of 4Z9 3/25122,7:12 AM Award Report Bid Award Contract: FSA20-EQU1 8.0, Heavy Equipment Group: PUMP. 6 Inch Mobile Pump Package Item., 276, Thompson Pump, 6JSC, 6JSC Build Options Zone Rank Vendor Price Percent: File File Western Primary Thompson Pump & Manufacturing $41,269.00 0.00% Build Options Company Inc. Northern Primary Thompson Pump & Manufacturing $41,269.00 0.00% Build Options Company Inc. Central Primary Thompson Pump & Manufacturing $41,269,00 0.00% Build Options Company Inc. Southern Primary Thompson Pump & Manufacturing $41,269.00 0.00% Build Options Company Inc. https:llwww.myvendoriink.com/commonlawardreportzonenooptionsitem.aspx?sid=97483&in=276 Page 222 of 417j9 PUBLIC WORKS DEPARTMENT QUESTFOR PURCHASEORDER Date: 03/10/2022 Account 501-2515-591.64-31 P.O.#: Justification: VRL a �mved FY 21 22Fuested W,: Bill Dar; _. ..._ . Department Head Aroval: Circle All that1 sF Division Head/Su ervisor A N roval: RF""-']— F Ca ).OuilliN Division Char-ed: Fleet Other: Utihttes/Pu=rm� Re lacin-. 8102 Vendor: Thompson Pum No. Contact Person: Allan Curry Address: Fed ED#: CiLv: State: Fax#: Phone- 800-767-7310 Minoru-v Status: TY PRICE UNIT DESCRIPTION ITEM# COLOR SIZE TOTAL 1 $60,035.00 Each Thompson Pump, 6" $60,035.00 enclosed 'lump OEM Price Quote Vendor Name TOT � $60,035.0o Page 223 of 479 "yam FLORIDR Municipal Safes THOMPSON "• '4 4620 City Center Dr.,Port Orange,FL,USA 32119 a° (.800)767-7310•Fax:{3861761-0362 acur thorn son urn .conn EXPERIENCE INNawATIQN p FSA20-EQU18.0,Item 276 Price Quote SA Unit Subtotal Description Order Codes Qty F Price • There are no specified duty points for this quotation 6JSC Vehicle ZONE: Southern BASE PRICE: f 1 $41,269.00 $41,269.00 y1 Base Model includes:TPM Basic(auto start/stop control panel with Floats/Tachometer/Hour meter/Engine Safety Shut Down), Battery, Light package,Trailer,Electric brakes,and 24 Month Warranty Delete Options: Delete Option, Downgrade pump from 6JSC to 6JSC-LHP- 6JSC-LHP-9.5 1 ($793.00) ($793.00) 9.5,Rear discharge 1 Add Options: it Upgrade,pump from 6JSC to 4JSC-FT4/6JSC-LHP with 4/6-SK 1 $10,633.00 $10,633.00 Silent Knight enclosure Add Option, Upgrade pumping system with alternative TBS-DD 1 $653.00 $653.00 discharge direction(rear discharge) Upgrade pump with modular frame for SK-select models MOD-F 1 $1,484.00 $1,484.00 F+ Add Option, (1)6"x 10'RWR Suction Hose MxF Camlocks 6x10 Suction Hose 4 $382.00 $1,528.00 �o Upgrade pumping system with(2)12VDC-LED inside Inside Work Lights 1 $510.00 $510.00 work lights with toggle switch + Upgrade pumping system with Recon 2000T Control RECON 2000T 1 $3,488.00 $3,488.00 Panel-remote control&monitoring - Upgrade pumping system with on-board solar powered 1 Solar Battery Charger 1 $868.00 $868.00 battery charging system I Unspecified Add Options: - Additional 65'auto start/stop float set 1 $395.00 $395.00 s Final Model:6JSCEE-DIST-4LE2T-MC Total $60,035.00 FOB:DESTINATION,FREIGHT INCLUDED IN BASE PRICE OF PUMP Y • TERMS:NET 30-DAYS(WITH APPROVED CREDIT) • DELIVERY:16 WEEKS OR SOONER AFTER RECEIPT OF A HARD COPY PURCHASE ORDER ...® ... ......._ - .......... w, • PLEASE PROVIDE A TAX EXEMPTION CERTIFICATE AT TIME OR ORDER IF APPLICABLE PLEASE INCLUSE FEDERAL ID#_ON.PURC14ASE ORDER • NO PENALTIES OR LIQUIDATED DAMAGES AREACCEPTABLE • CANCELLATION OF THIS ORDER OR RETURN OF THIS UNIT MAY RESULT IN RE-STOCKING FEES .....� __. ..._..;.. - _. .. ... ....... ___ .. ......... .._. • THIS QUOTE IS VALID UNTIL APRIL 30'^2022 Page 224 of 479 Municipal Sales THOMPSON ;'FLORIDA `ir ,,.�SMMIN % 4620 City Center Dr.,Port orange,FL,USA 32119 ' (900)767-7310•Fax:(386)761-0362 acurry thompsonpumil-corn EXPERIENCE INNOURrIGN March 9,2022 Quote#ECR-AC-023-2022 Public Works Fleet Maintenance City of Boynton Beach 222 N.E.91h Ave Boynton Beach,FL 33435 PH:(S61)742-6215 E:dartyw@bbfl.us RE:6"Trash Pump Price Quote Hello Bill, Thank you for your interest in Thompson Pump& Manufacturing and the products and the services that we provide. Per your request,we are providing 2020 Florida Sheriffs Association Contract, ltem#276 pricing for(1) Thompson Pump Model 6JSCEE-DIST-4LE2T-MC, a 6"Sound Attenuated, Compressor-Assisted,Trailer-Mounted, High Efficiency Trash Pump,with a Final Tier IV Engine. We understand this pump will be utilized by Boynton Beach Utilities Department for emergency by-pass operations at various lift stations in the City. The net price is derived from our 2020 Florida Sheriffs Association Contract Bid Award#FSA20-EQU18.0-Heavy Equipment. This Florida based government contract enables The City of Boynton Beach to avoid the hassle and expense of purchasing this pump through the public bid process.The FSA contract basically works like a "piggy back"for our equipment.You can order this unit by simply putting our FSA bid award number on your purchase order. Our FSA contract number is: FSA20-EQU18.0, Item 276. Should you require further information or have any questions, please contact me at the number below. Sincerely, /� aez� Allan Curry Thompson Pump&Manufacturing Co., Inc Municipal Sales Representative Cell: (561)2845149 Email: acurry@thompsonpump.com cc: David Perry, Municipal Sales Manager Page 225 of 479 ..... __..... .. . Florida Sheriffs Association-Cooperative Purchasing Program Contract:FSA20-EQU18.0,Heavy Equipment Group:PUMP:6 Inch Mobile Pump Package Item#:276,Thompson Pump 6JSC + MF 3-Year Contract Term with Annual Update Option Effective August 1,2021 P r 4 Term 91 Effective:October 1,2020-September 30,2021'Term#1 -Options Price Sheet Adjustment Term#2 Effective:October 1,2021-September 30,2022*Term#2-EMERGENCY Base Price Adjustment 50 years of Innovation Term#3 Effective;October t,2022-September 30,2023 Effective October 1,2021 DESIGN REQUIREMENTS:Discharge size:6 inches;Suction size:6 inches;Capable of 1750 GPM minimum;Capable of 160 ft.Total Dynamic Head(TDH) minimum;Duty Point,Maximum:1,000 gallons per minute minimum(GPM)at 120 ft.Total Dynamic Head(TDH);Solids handling capability size,minimum size:3 inches.ENGINE:Diesel engine,appropriate to pump size at continuous duty;Emission compliant engine;Industrial grade exhaust muffler and rain cap;Oil and coolant drain lines with batt valves;Lowwaler level shutdown switch;12vdc system with battery rack and cables;50 gallon minimum fuel tank with lowfuel level alarm and shutdown.PUMP:Check valve;Self-priming system.CONTROLS:Solid state,microprocessor-based pump controls;Controls shall provide all operating, monitoring and control functions for the pump set;Controller will also provide 2 fully programmable contacts for input and output signals accordingly;Controller will provide remote start stop control with adjustable ramp(speed)time control;UL 508 R and CSA C22.2 No.14 approved.TRAILER:The manufacturer shall mount the diesel engine and pump unit with the above 50 gallon subbase tank on a street legal D.O.T.approved trailer,This trailer will be able to be rated for a safe travel at speeds of 60 mpg and not be limited to the following specifications:Trailer design shall be such that the County/City may easily remove the entire engine,fuel tank and pump from the trailer;12vdc electric system;Lunette or military type towing ring with safety chains;Single point lifting bar;License plate bracket;Sand shoe type support stands front and rear;Torque spring axles to meet load of trailer;The trailer must have a VIN and a certificate of origin.STARTUP AND COMMISSIONSING: Vendor must coordinate all startup and testing activities with the engineer/owner;After field delivery of the pump and trailer,an authorized factory representative shall i perforrn the initial startup and field testing of the pump and trailer;If conditions permit,a site will be determined where connection will be made by the County/City to °test the pump package;If a site cannot be prepared a standard operational test will be performed;At the same time the startup test is performed,the factory representative will provide all necessary operation,field maintenance and minor repair training as necessary;This will also include safety procedures and hazard assessment. none Vendor Base Mood.,je Base Price Western Thompson Pump&Manufacturing Company Inc. Thompson Pump 6JSC $49,269.00 Northern Thompson Pump&Manufacturing Company Inc. Thompson Pump 6JSC $41,269.00 Central Thompson Pump&Manufacturing Company Inc. Thompson Pump 6JSC $41,269.00 I Souther Thompson Pump&Manufacturing Company Inc— Thompson Pump 6JSC $41,269.00 .._ . .......... �� FSA Order code Deduct Options - FSA Price 3D Deduct+,J tion-Downu ade Eum p from 6JSC to 311-trailer mounted t$39.f ititl i Avuu .,.. -, m ,. ,awan, 4JSC FT4LHP Deduct 0,Aion-Downy x�de pump from 6JSC to 4JSC FT4-LHP 1$ 2151 4JSC-STP Deduct O xion-DownLmode pump from 6JSC to 4JSC-STP 1 . wa,N..ri,ri 4D-FT4 Deduct d 51=tion-Dowgos"de ur fromy63SC to 413-FT4 ( 2' (K)} 6-WTP Deduct Or4ion Do)NmIg de pump from 61SC to 6-AM ($17.377) „ea. SKDewaterm Deduct O tion Downs de drum p from 6JSC to 6"Silent Well joint Dewaterin s Pumo W-597) I 4 WTP Deduct O1+tion-DownZade i,um1 from 6JSC to 4-WIT 1.$16,568) I 6JSC-LHP-9.5 1Deduct O tion Downnade pump from 6JSC to 6JSC-LHP-9.5 ($793) 4JSC-F-f4 Deduct O tion Downgrade pump from 6JSC to 4JSC-FT4 1$1-943 1 , 4 Trailer JDeduct v+ hon Remove Trailer DOT Trailer for 4 Pum#' ($1 508) d 6"Trailer jDeduct O),iion Remove Trailer DOT Trailer for 6 Puma i$1,844 1. 8"Trailer (Deduct O tion-Remove Trailer DOT Trailer for 8"Pump ($2.796) - , w 10112 Trailer Deduct(,)_p ton-Remove Trailer DOT Trailer for 10"112"Pumps 12118 Trailer „Deduct Option-Remove Trailer DOT Trailer for 12'/18 Pump ($8 2051 _J TPM Panel-Basic Deduet Option Basic control panel for ,=Lt-Manual Start/Stop Float Box IDeduct Option-Remove float stori),w box ($1 21 ECON O-tions Deduct Option-Remove LB and W-select models onl FSA Order code I Add Oiahonsri,,,,,,,,,,,,,,,, ,n.. FSA Price 47SK ADD Option-Upgrade pump from 6JSC to 4JSC-LHP with Silent Knight enclosure 58,831 4/6-SK ADD Option-Upgrade pump from 6JSC to 4JSC-FT416JSC-LHP with Silent Knight enclosure $10,633 u, � � . �.,,,, 6-SK ADD Option-Upgrade pump from 6JSC to 61SC14JSC--with Silent Knight enclosure $13,240 8/10112-SK ADD Option-Upgrade pump from 63SC to 8JSC/I0JSC/l2JSC.LHP with Silent Knight enclosure $14,911 12/18-SK ADD Option-Up a de lvm� from 6JSC to 12JSC-HPII2JSC-MP/18JSC-HP with Silent Kni sit $18 066 18-SKADD O anon-U rade pump from 6JSC to 18JSGPEAK with Silent Kni_fit enclosure $19,501 4JSC-FT4-D ADD O tion U ipde hum+from 6JSC to 41SGFT4 D $341 Page 226 of 479 _. .. .. 4JSC-HP-F T4 ADD O(stion-U trade wrm from 6JSC to 43SC-HP-FT4 $5 941 _j tee- ) ,r 4JSC-HP-FT4 10 ADD Option-U�p=we,sum a from 6JSC to 4JSC-HP-FT4-10 $3,034 4JSC-HP-STP ADD Option-Upgrade pump from 6JSC to 43SC-HP-STP $5,722 6JSC-LHP-10 ADD Option-Uipp,rade Jim li from 6JSC to 6JSC-LHP-10 $2937 �nm�mn ._v u=Aa 6JSC-FT4-CIK ADD t:pption-Umvade rump from 6JSC to 6JSC FT4-C/K $5,771 6JSC-FT4-D ADD(A ition-U�Ei de rumti from 6JSC to 6JSC-FT4-D $10.169 6JSC-FT4-3 ADD Option-U,pi,:xade pump°from 6JSC to 6JSCFT4-J $13279 6V-FT4-K ADD Option_ P,� de lum p from 6JSC to 6V-FT4-K $3,682 6JSC STP ADD 1't ition-Upwade pum p from 6JSC to 6JSC-STP $5.197 8)SC FT4-C ADD Option-Upuude Hump from 6JSC to 8JSC-FT4-C $40,239 8JSC FT4-J ADD Option-Upgrade pump from 6JSC to 8JSC FT4-J $35,671 8JSC FT4-D-ADD Option-Upgrade pump from 6JSC to 83SC FT4-D $43,284 8JSC-FT4-LHP -ADD Option lbgg rde rump from 61SC to 8JSC FT4-LHP $30,342 8V-FT4-D ADD O rtion-U) ade jump from 6JSC to 8V FT4-D $10,018 -. „a m 8JSGSTP ADD Option-Upgrade pump from 6JSC to 8JSC-STP $20,446 t OJSC-STP ]ADD Option-Upgrade pump from 6JSC to l OJSC-STP $35,671 I OJSC-FT4-7 JADD Option-Upgrade pump from 6JSC to 10JSC-FT4-J $50,896 12JSC-LHP-FT4-J ADD Option-Upgrade pump from 6JSC to 12JSC-LHP-FT4-3 $37,130 12JSC-LHP-STP ADD Option-Upgrade pump from 6JSC to 12JSC-LHP-STP $33,768 12JSC-MP-STP ADD Option-Upgrade pump from 63SC to 12JSC-MP-STP $47,851 12JSC-HP-FT4-V/D ADD Option U grade pump from 6JSC to 12JSC-liP-FT4-V/D $116 369 12JSC-HP-STP ADD Option-Urgrade pump..-from 6JSC to 12JSC HP-STP $92,927 18]5C-HP-STP ADD Oj}t7on Uj)p.rnde pump from 6JSC to 18JSC-HP-STP $99,200 18JSC-PEAK ADD Option-Upgrade pump from 6JSC to 18JSC-PEAK $127,861 32HPU/60HST-C/D ADD Ojrtion UI.,an:pde pump from 6JSC to 32HPU/40HST C/D $9,027 32HPU/60HST-C/D ADD t_ttttion-Ul joode pum,&from 6JSC to 32HPU/60HS1 C/D $9,454 78HPU/120HST--CID ADD Option-Upgrade pump from 6JSC to 78HPU/l20HST-CID $55,230 24V Engine ADD Option-Upgrade engine with 24VDC electreial system $1,417 DC Battery Disconnect ADD Option-Upgrade engine with manual battery disconnect $390 DC2AC Inverter ADD Option-Upgrade pumping system with on board 12/24VDC-to-120VAC-175OW power inverter $1,269 SCADA Interface ADD Option-Upgrade pumping system with on-board SCADA interface with dry contact alarms $2,218 TPM Omni ADD Option-Upgrade pumping system with TPM-Omni Beacon with.HL float and 2nd alarm option $1,497 TPM Omni-Service ADD Ot4tton U r rde um,lmE s,stem with annual wireless monitorin service fot TPM-Omni Beacon,-' $300 _. _._. . . RECON 2000T ADD t:`ra tion-U, r de,ump m s,stem vtrith RECON 2000T Control Panel-remote control&monrtonn $3,488 �. t RECON 2000T-Service 'ADD Option-UE a wn,m y ss stem with annual wireless momtorin-�service for RECON 2000T $550 c �Ravuvuvuvuvuvuvu Outside Work LiEj,ts ADD Option-U r i€ate, u yin s t stem with t2,12VDC-LED outside work lights with toL-de switch $665 Inside Work Lkhts ADD Oration-U-?i9s rde Yrm nrip s,stem with(2)12VDC-LED inside work h2hts with to .le switch $510 Solar Battery Charger ADD Option-Upgrade pumping system with on-board solar-powered battery charging system $868 Battery Charger ADD O-tion-Ut irade,4umpin2 s,stem with on-board 115VAC j,ower ed batter,char,inu ssstem $471 Throttle Actuator ADD O Rtion-U,),;rade€um um sEstem with automatic RPM control for mechanicallu govern diesel $1.185 , T i J Sub Level Transducer iADDOlitr91Urw.udc rmmpinu system with 4-20ma Submersible Level Tranducer with Guard $2,120 NC Level Transducer ]ADD Option U1 irade um in s stem with 4-20ma NC Level Tranducer with sr mal splitter $2.900 Special MetalsADD Option-Upurade pure-in��s stem with corrosion resistent im)reller select models ont s $3.675 an,� -. _ ... i Sial Metals-SK [ADD()Lion-Ut ade! J �u sinu%-stem with corrosion resistant SK select models onit. $3,045 Hose Racks (ADD Option-U ;cde l,uml(r� stem with on-board racks for mobiliznll suction hoses $884 U Tank ADD Option-Upgrade pumping system with UL,142 double walled modular fuel tank std dimensions $4,451 D Tank ADD Option-Upgrade pumliing system with Non UL double walled modular fuel tank std dimensions ___$2,711. uu - �� Z Tank ADD i? tion Viur;de jrumi ings-.stem with ENLARGED double walled modular fuel tank-std. $2 944 SK Protection ADD Option-Up rade L.mmpt,s stem with j rotective coatin,:, to SIC enclosure $921 LffuAuvu vuvuvuu� Corrosion Resist ADD Of3tton sradepsEumt in s%stem with corrosion resistant coating, for base modular frame $3.045 neer TBS-S.C.1 ADD Option UpiutuJe t umi mg system with semi-o4 en impe111er select models/applications only Irc $1,523 TBS DD ADD Option Ui Li idle rumpin�y teplications $653 TBS 5U ADD Option-Upgrade pumping system with manufacturer startup report for specific application $471 Trailer Storage Box ADD Option-Upgrade pumping system with on board,lockable storage box select models only $550 Sure Tire ADD O-Ption U sgrade i+um& :i-rstem with on-board,mounted spare tyre $316 Hvdraulic Brakes ADD Option-Upj�r7de tram inL,,stem with h•rdraulie brakes on trailer $895 AUX FT-254 ADD Option-Auxillary 250 gallon ULA42,double walled fuel tank with 15'SS braided fuel lines $5 984 AUX FT-500 ADD O tion Auxtll 500 s allon UL-142 double walled fuel tank with IS SS braided fuel Imes i $8,110 FPM-4/6 Pumps ADD O ytron (1)Standard FPM Service for 4 or 6"pumps $419 m FPM 8110112 Pumps ;ADD Option-(1)Standard FPM Service for 8 18"pumps $761 ..� �m Warranty Ext-Enpyine iADD Option- I€Additional=,ear of pini#ed warrant,covers a for diesel enume �.. $1.733 Page 227 of 479 ...... . ... .. _.. �........... ... r Warranty Ext-Pump ]ADD Option-(1)Additional year of limited warranty coverage for pump system $685 3"Hose Package JADD Option-(1)3"x 20'Suction Hose,13CxE and(1)3 x 50'Lay-Flat Discharge Hose,B-CxE $265 4x50 Discharge Hose ADD Option-{I}4"x 50'R-Lay-flat Discharge Hose,C-BxS $225 .,., 6x50 Discharge Hose ADD Option-i 1 r6"x 50'R-Last flat Disch l'�,e Hose C BxS $348 8x50 Discharge Hose ADD Option- 1 8"x 50'R-Lw-flat Discharge Hose C BxS $692 a. wwm a.u�a. .�® w u�� uuu 4x20 Suction Hose ADD Option- 11.4"x 20'RWR Suction Hose C BxS $278 4x10 Suction Hose ADD Option-g 114"x 10'RWR-Suction Hose C-BxS $187 6x20 Suction Hose ADD Option-t 1 i 6 x 20 RWR Suction Hose,C BxS $604 6x10 Suction Hose ADD Oi tion 11 6"x 10'RWR-Suction Hose,C-BxS w $382 8x20 Suction Hose ADD Option (1)8"x2 RWR-Suction Hose,C-BxS $1,109 8x10 Suction Hose ADD Option-(l)8"x 10'RWR Suction Hose,C-BxS $779 400!45-CAM ;ADD Ot;tion-€l i 4"90145 Elbow-Male x Female Cam-lock $95 6x90145-CAM ADD O,tion I I d 6"90145 Elbow-Male x Female Cam-lock $400 4FLGxFCAM ,ADD Option-(1)4"FLG x 4"FCAM $167 6FLGxFCAM JADD Option(1)6"FLG x 6"FCAM $266 �8JSG-WYE ADD Option-€13 8' FLG x 6"MCAM x 6 MCAM Wve-Select Models On] $419 123SC-WYE ADD l„tion-i 1 i 12"FLG x 8"MCAM x 8"MCAM WA a Select Models Onl v $837 .� v Fleet 1 T&T JADD Option-TPM provided T&T per Mum Fleet Recuest � $275 Flect 2-DF 1ADD Option-"FPM Ixrovided DF per Muni Fleet Request $290 _ _. .... . .... .. Fleet 3 VTP IADD t t,tion-TPM provided VTP per Mum Fleet Re quest Select Models Only $180 Fleet TP � �d Fleet 4-DFA ADD a Lrovided 63�Part DFA i[v case of each)Mart $420 Fleet 5-CEPS ADD o„iron TPM provided GPS tracking system and(2)years of momtoin service $837 MOD-F _iADD s '_'tion U dr:r,ye pump with modular frame for SK select models oDUY $1,484 OVT ADD CoAion-U xlrat,z 1 1,,,, T”L1 mini wstem-select models onl,° $2664 Enviro gime S vstem ADD Oration-Updraje-,rum p with Enviroprime System®miming s4 stem-select models on[% $4,392 Warranje I24 Month Limited Warrant: Included %Discount Equal Discount percentage off manufacturer's current published retail prices for non-specified options Standard and any optional models bid.This discount can ONLY BE APPLIED to a downgrade or an upgrade to the ]base model listed in this specification. Tera!#1 Revised Options Price List reflects an average 22.5% discount off the TPM FY2021 List Price (or RP). Average discount percentage was applied to frequently requested TPM model add/deducts. *Terris#2 Devised Base Price reflects a 30% discount off the TPM ADJUSTED List Price (or FSP)EFFECTIVE Aug. 15th, 2021. Page 228 of 479 6.D. Consent Agenda 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 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 19, 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 Annual Line-Tec, Backflow Prevention Device City of Boynton Beach May 8, 2022 - Estimated Inc. Inspection, Testing, and Repair Bid No. 020-2821-19/EM May 7, 2023 Expenditure Services $30,000.00 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 229 of 479 Grant Amount: Attachments: Type Description D Attachment Bid Extensions and Piggy-Backs under $100,000 D Attachment Renewal Interest Letter - Line-Tec, Inc, - 2022- 2023 Page 230 of 479 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS April 19, 2022 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Waneya Bryant TERM: May 8, 2022 to May 7, 2023 SOURCE FOR PURCHASE: City of Boynton Beach Bid No 020-2821-19/EM ACCOUNT NUMBER: 401-2816-536.49-17$5,000 401-2821-536.49-17$25,000 VENDOR(S): Line-Tec, Inc. ANNUAL ESTIMATE: $30,000 DESCRIPTION: On May 7, 2019, Commission approved the award for Backflow Prevention Device Inspection, Testing, and Repair Services Bid No 020-2821-19/EM to Line-Tec, Inc. The initial agreement term was one year with the option to renew for three (3) additional one-year periods subject to vendor acceptance, satisfactory performance, and determination that the renewal is in the best interest of the City. The vendor has agreed to renew its 3rd additional one-year term. Approve the contract renewal from May 8, 2022, to May 7, 2023. The Cihj of Boynton Beach FinancefProcurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 R0. Box 310 Boynton Beach, Florida 33425-0310 Telephone No:(562)742-6310 March 24, 2022 BID: BACKFLOW PREVENTION DEVICE INSPECTION, TESTING, AND REPAIR SERVICES BID No.; 020-2821-190EM Agreement between the CITY OF BOYNTON BEACH and LINE-TEC, INC. AGREEMENT RENEWAL TERM: May8, 2022—May7, 2023 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) r LINE-TEC, INC. ✓ NAME OF COMPANY IGNAT NAME OF REPRESENTATIVE TITLE (please print) 0SaL DAT (AREA CODE) TELEPHONE NUMBER tt 7 ter E-MAIL America's Gateway to the Gulf Stream Page 232 of 479 6.E. Consent Agenda 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Legal Expenses- February 2022 - information at the request of the City Commission. No action required. Explanation of Request: Outside counsel invoices received from Risk Management are also included. How will this affect city programs or services? n/a Fiscal Impact: Budgeted Alternatives: n/a Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Attachment Goren Cherof February 2022 Invoices D Attachment Goren Cherof Risk Litigation February 2022 I nvoices D Attachment Jones Foster Town Square litigation February 2022 D Attachment Outside Counsel McFadden February 2022 D Attachment Outside Counsel Readon February 2022 Page 233 of 479 GOREN, CHE;ROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/04/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 40312 I Attn: Lynn Swanson General Matters HOURS 02/01/2022 MDC review emails and information on water utility matters, confer with Jim Cherof 0,60 DS Left volcemail for G. Favitta re: entertainment agreement. 0.10 QEM Review and evaluation of draft Assignment- Universal Engineering Sciences; preparation of edits to draft. 1.90 JAC Prepare for and attend special CRA meeting and for city commission meeting; Discuss public records request issues with Gal Betesh; Review water service issues for 417 N. Federal Highway; Review final version of RFP for City Hall Cafe; Review correspondence regarding 22nd Bridge weight-bearing issues; On-site conference with Lynn Swanson regarding office administration issues, files, and assistance City Attorney assignments 11.00 SMS Conversation on Yachtmans Lease Termination. 0.20 SHB Discuss various pending matters with JAC. Attend Commission meeting. 6.00 02/02/2022 MDC Review water utility matters, review emails from Erin Dunn and follow up re: 417 N. Federal Highway, respond to property owner's attorney's inquiry 0.80 QEM Review and respond to staff re: Vice-Golf Retail Sales Agreement. 1.50 HN Discussion with Glenn Weiss re: art ordinance and resolution. Review of revised draft of resolution and email to Glenn Weiss cc JAC. 0.80 SMS Finalize Lease termination notice and Correspondence with property management company on lease termination. 0.40 JAC Commission meeting follow up with assistant City Attorneys, City Manager, Lynn Swanson; research regarding Mural ordinance or policy revisions to exempt arts districts; review city towing public records request; review Ernest Mignoli correspondence; review public records request regarding accident case; discuss employment letter update/revisions with Lynn Swanson; follow up with Andrew Mack regarding Olen development issues in Quantum Park; 5.60 02/03/2022 MDC Confer with Jim Cherof and Shana Bridgeman on pending BB matters, review utility inquiries 0.30 SHB Meeting with JAC and MDC re: pending matters. 1.00 HN Review of revised mural resolution and cover sheet. Phone discussion with Lynn Swanson. 0.30 Page 234 of 479 Page: 2 CITY OF BOYNTON BEACH 03/04/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40312 General Matters HOURS JAC Conference with assistant city attorneys regarding pending assignments; telephone call with Earl Lawrence regarding proposed lien release/pre-sale agreement; Forward same to Adam temple;Follow up regarding community meeting timing and procedure; correspond with Spencer Sax and Andrew Mack regarding Olen development proposals; Call with Andrew Mack regarding list of pending matters; Review correspondence and discuss Southwest 22nd wave bridge with Gary' 'Dunmyer; Discussed rejected proposed order with Brian Sherman; Review 944 Sunset Drive issue/Encroachment on city park; Review proposed language for mural ordinance second reading; 4.00 02/04/2022 MDC Telephone conference call with Jim Cherof, review materials and statutes on j write-in candidates 0.30 JAC Follow up regarding 944 Sunset Drive property use and encroachment on city property; Review correspondence referencing Florida Bar investigation/PD matter; Discussions with manager, staff, Clerk regarding community meeting; Review status of code enforcement/code magistrate proceedings and citizen intrusion/disruption; Review Pension code issue/Bonn!Jensen draft; follow up regarding special assessments and budget with Mike Cirullo and Lynn Swanson; Call with Linda Sharp regarding work being performed behind her home/fence and tree removal issue; Follow up with staff regarding same; Follow up on 22nd wave bridge issue with Gary' 'Dunmyer; Review Sun Sentinel public records request matter with Shana Bridgeman; Follow up with Brian Sherman regarding Judge Commission Order 6.00 ; s 3 02/07/2022 QEM Review and respond to Ms. Swanson re: inquiry for The Links at Boynton Beach (City of Boynton Beach) Pace Shield Agreement. 0.80 MDC Conference with Ocean Ridge and City Staff and Managers regarding status of water system in Ocean Ridge 1.00 1 JAC On-site office administration issues; conference regarding 1416/ NW. 1st St.; follow up conference call regarding Town of Ocean Ridge water distribution system; begin review of agenda items; follow up Regarding risk litigation index; continue review of public records request related to DAVIS accident 4.50 02/08/2022 SMS Review of Letter of Credit for Country Trails PUD. 0.30 QEM Review and evaluation of Lytx Quote- Request for COI. 1.40 HN Phone discussion with Ken Dodge. Review of title Ken sent over. Review of case documents relating to Ken's question on taxes and the nuisance lien. Discussion with RL and Lynn Swanson. 0.70 1 QEM Review of correspondence from staff re: updated status of Woman's Center (Thyssen Krupp Agreem a nt/Con tract) 0.70 JAC Review staff submitted agenda items; review with Lynn Swanson and approve agenda items; Review Ernest Magnoli email correspondence and voice message to staff; evaluate options for injunctive relief; Miscellaneous call with LL regarding pending matters; Group call regarding scope and process for community meeting; review ARPA sub recipients agreement form 4.00 SHB Review recently filed legislative bills and update spreadsheet. 0.70 02/09/2022 MDC Meet with Shana Bridgeman on pending matters and 311122 agenda, review inquiry on utility account matters, confer with Jim Cherof 0.50 E SHB Discuss various pending matters with MDC. Review and revise agenda item. Attend monthly chronic nuisance meeting. Review recently filed legislative bills and update spreadsheet. 2.40 Page 235 of 479 i Page: 3 CITY OF BOYNTON BEACH 03/04/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40312 General Matters HOURS HN Discussion with Ken Dodge re: to 1102 N Federal Highway. Phone discussion with Kacy Young re: parkmobile contract related to duncan subcontractor. Email exchange with SHB re: duncan. Review of emails from county tax collector's office re: 1102 N Federal Highway. Phone discussion with Theresa Utterback. Review of parkmobile contract sent from Kacy Young. Phone discussion with Kacy Young 2.10 BJS Review correspondence from SHB re: Special Magistrate ORders and draft response, telephone call with Candice Stone 0.60 I JAC Review staff generated agenda items; follow up issues with Lynn Swanson regarding same; approve agenda items; review Boynton Beach for future items with Brian Sherman; telephone conference regarding ARPA selection committee issues; Review Duncan appeal; follow up regarding election issues and misdemeanor conviction of candidate; review Park bond memo summary of research; review Ernest Mignoll emails; review draft invitation to resubmit budget/ARPA issue; follow up regarding procedures for naming city facilities/buildings; discussion with Brian Sherman regarding forfeiture; Review charter regarding filing Commission vacancy 5.20 02/10/2022 HN Review of parkmobile contract and left voice message for Andrew Mack, 0,50 QEM Review and evaluation of range maintenance quote 2 years. 0.90 j QEM Follow-up with Ms. Swanson re: Lytx Quote review. 0.30 SHB Review recently-filed legislation and update spreadsheet. 1.50 JAC Agenda item review and approval; review Park bond memo and review research re same; review issues regarding community meeting security and outline of presentation; review ARPA issues with Carisse LeJeune; Discuss pending assignments with assistant City Attorneys 3.00 02/11/2022 SHB Revise and update legislative spreadsheet, 0.20 E QEM Review of updated status from Ms. Swanson re: Lytx Quote -Request for COI. 0.50 HN Relating to Kacy Young's question re: third party vendor in parkmobile contract, review of case law and review of Chapter 316, Florida Statutes. 1.20 JAC And review final agenda and miscellaneous preparation for commission E meeting and community meeting concerning accident case; continued review of ARPA partnership agreement issues with Carisse LeJeune; follow up regarding Brandi Cook public records request; review employment letters; review correspondence regarding our advisory board meeting and murals/pry intersection issues; 4.80 02/14/2022 SHB Attend weekly FLOC call. 0.20 HN Phone discussion with Andrew Mack re: Parkmobile contract. 0.20 JAC Attend virtual leadership team meeting and prepare for commission meeting; Email to James Green regarding Signature collection at public events; Review budget calendar with Mike Cirullo; Evaluate assessment calendar; Review j status of legislative action concerning municipalities; Research regarding corporate designee at depositions; Discussions with assistant City Attorneys regarding assignments and agenda review 5.80 GB Emails with City regarding Art Agreement. 0.10 02/15/2022 QEM Review and evaluation of Range Maintenance Quote; respond to Ms. Swanson re: matter. 1.80 JAC On-site reviewing preparation for city commission meeting;attend city commission meeting; follow up regarding Sun Berry Circle dispute concerning encroachment on city property 11.00 GB Emails with City regarding art agreement. 0.10 E Page 236 of 479 Page: 4 CITY OF BOYNTON BEACH 03/04/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40312 General Matters HOURS SHB Attend City Commission Meeting, 5.50 02/16/2022 HN Review of Section 119.12 regarding 5 day notice and review of SB 80 from the j 2017 legislative session. Discussions with SHB. Email to SHB. Phone discussion with SHB re: parkmobile agreement with city and Kacy Young's question, Review of Section 14-14 of the City's code of ordinances and review of Section 316.640(3), Florida Statutes, 1.60 JAC City commission meeting follow up with Lynn Swanson and assistant City Attorneys; follow up call with City Manager regarding development issue; continue review of public records issues regarding accident case; calls regarding case assign ments/FMIT 3.80 GB Telephone conference call with City regarding Art Agreement. 0.40 SMS Correspondences and review related to doc stamps and recording fees for Lutheran. 0,30 i 02/17/2022 QEM Review and evaluation of City of Boynton Beach-Sports Provided Agreement; advise staff on next steps for adding provider; begin drafting Addendum to Agreement. 2.30 QEM Review of updated status of PACE Shield Agreement, 0.30 QEM Review of correspondence re: status of FINDER subscription 1 Palm Beach County Law Enforcement Exchange MOU. 0.70 JAC Review and follow up regarding earnest Mignoli email; follow up regarding tabled Federal Highway/Riviera Drive agenda item; discussion with assistant city attorney regarding public records request; review county opioid ILA Correspondence from Richard Ratcliff; review face shield technology contract issue; begin in review of agenda Items for next commission meeting; Discuss agenda approved item regarding Park purchase order with; discuss coverage of planning and development board meeting; Review FMIT policy coverage and assignment issue; Calls regarding coordination of meeting with Davis family and attorneys; review commission meeting audio regarding antisemitic speaker comments; review commission meeting regarding development project conditions of approval 4.00 SMS Review of City Subordination Agreement and additional documents; Correspondence related to incoming Check for Lutheran. 9.70 SHB Various correspondence re: partial release for Case No 07-423; review documents submitted by title company.Various correspondence re: rabbi request for lien reduction appeal. 0.90 02/18/2022 QEM Finalize Addendum to RF Track Club Agreement; correspond with Ms. Swanson re: matter. 1.80 DS Researched SB 96 and 98. Drafted legislative summary for SB 96 an 98. 0.80 SHB Review recently-filed bills and update spreadsheet. Review and approve agenda items. Review and revise memo re: SB 96198. 2.10 JAC Review Ernest magnolia emails; Email with Jane Smith re: building naming;Review incoming agenda items for Commission meeting;Review settlement agreement with Clemons;Review concessionaire bid protest 4,50 02/21/2022 QEM Begin review of documents re: RFP - Concessionaires (Oceanfront Park & Links) bid protest. 1.80 SHB Review status of legislative bilis, update spreadsheet, update website, prepare memo and transmit to client. Follow up with Tanya re: partial release matters. 1.70 DS Revised draft final Bamboo/Palmer connection letter. 0.30 i Page 237 of 479 I Page: 5 CITY OF BOYNTON BEACH 03/04/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40312 General Matters HOURS JAC Review portions of previous city commission meeting regarding DAVIS family speakers and decorum issue; review status of commission agenda items on future agenda; preliminary outline of budget issues and special assessment issues and calendar; review correspondence regarding Ford versus City of E Boynton Beach from Michael Burke; review comprehensive legislative update draft; review state and local regulations regarding workplace safety/masks;Review and forward attorney general opinion regarding budget transfers; 4.00 02/22/2022 QEM Work with staff on preparation of responses to Bid Protest; review of additional information provided by staff; preparation of response to allegations. 4.30 SHB Receive and review additional correspondence from Dietsch and Stone. Follow up with Stone and Temple re: lien reduction appeal matters. 0.30 JAC Continue review of agenda items, backup documents to same, contracts, on site preparation for and attend planning and development board meeting; Continue review of peter torocsik emails regarding request for proposals/concession contract; review Leisureville public works project and miscellaneous emalls regarding location of city 1 m prove ments;Review drafts and status of opioid agreements with county; review Ernest Mignoli i emails;Review correspondence and release related to Clemons settlement and post settlement request for naming of facility; discuss same with CityManager; review industrial Way drainage improvement documents; continue review of ARAP submittal documents And efficiency letters to noncompliant applicants 8.20 02123/2022 HN Research re: to appeals of parking tickets and enforcement. Drafted legal analysis and sent to SHB for review. 2,80 QEM Review updated status and correspondence re: bid protest for REC22-004R and GC22-005R. 0.80 JAC Planning and development board follow up; continue preparation of city commission agenda items and issues with contracts; review correspondence regarding development agreement ordinance; review police department index code and discuss with SB 4.40 SHB Telephone conference with Pinto re: ethics matters;follow up with JAC and MDC. Review legislative bills and update spreadsheet. 0.90 02/24/2022 HN Review of email from Kacy Young and email exchange with Shana Bridgeman re: parks ordinance. 0.10 HN Review of email from SHB re: parkmobile agreement questions from Kacy i Young. 0.10 i QEM Review of FINDER subscription 1 Palm Beach County Law Enforcement Exchange MOU; follow-up with Ms. Swanson re: matter. 1.70 JAC Continue agenda prep and review for Commission meeting; review Pierce project related lease; review re: pending records requests; call with LL re: pending matters and Commission transitional issues;review re: meeting decorum suggestions and continuation of hybrid meetings; review legislative actions and municipal impacts; review and correspond re: Bradley Miller ex parte communications 3.20 SMS Correspondence on recording of Title docs. 0.30 SHB Various correspondence re: code matters, Review agenda item re: opiod matters. Review parks ordinance and discuss with HN. 1.50 I 02/25/2022 HN Phone discussion with Kacy Young re: park sound ordinance. Edits to ordinance, 0.40 f Page 238 of 479 k Page: 5 CITY OF BOYNTON BEACH 03/04/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 40312 General Matters HOURS DS Reviewed correspondence and edits re: water service agreement for Home Depot. Discussed home depot water service agreement with JAC. Drafted email re: home depot service agreement. 0.30 QEM Review and discuss with staff City Response to Ultimate Bakery& Pastry Inc,-Peter Torocsik Records Request&Withdrawal of Disqualification Request; preparation of correspondence to Mr. Torocsik, 3.40 QEM Review and preparation of edits to Sports Provider Agreement correspondence; follow-up with Ms. Swanson re: matter. 0.70 SMS Discussion with CRA counsel for Ocean Breeze transaction and review of completed documents with Centennial. 1.50 DJD Review proposed lease for Parking Facility; provide comments and suggested revisions 2.30 SHB Telephone conference with Temple, Stone, and Guim re: lien reduction ordinance and code meeting procedural matters. Review bilis recently signed by governor; revise spreadsheet, 1.30 JAC Review finalized agenda and prepare for Commission meeting; review continuing correspondence regarding Riviera Drive residence opposition to development project and implications on quasijudicial proceeding, continue review of Ultimate bakery protest;Review earnest Magnoll emails; review peter torocsik emails and discuss response with assistant CityAttorney; review pending public records request with Lynn Swanson 3.80 02128/2022 GB Telephone conference call and emails with City regarding audit letter. Drafted audit letter and sent to City for review. 2.00 SHB Various correspondence re: election matters; review Charter and Code of Ordinances. Attend FLOC weekly call-in. Review upcoming legislative calendars. Update spreadsheet. Follow up with West Palm Beach re: chronic nuisance fees. Discuss chronic nuisance procedures with Temple and Guim. 2.10 QEM Review of email correspondence from Mr. Torocsik; review of update from staff on PRR. 1.50 HN Review of email from SHB re: ARPA public records question. Discussion with Lynn Swanson. Review of American Rescue Plan Act(ARPA) Compliance and Reporting. 0.60 JAC Attend online senior staff meeting to review agenda; follow up preparation for Commission meeting; conference call with Andrew Mack regarding the Pierce project lease agreement; prep for election review conference with city clerk and assistant city attorneys; review and respond to miscellaneous emails; Review FDOH documents regarding fluoride treatment; outline issues for new commission orientation; email with manager regarding transitional issues; review opioid settlement documents; 6.50 SMS Correspondence and review related to Wells Landing Note and Mortgage. 0,30 DJD Prepare for and participate in conference call re: long term lease - Parking Garage 1.10 FOR CURRENT SERVICES RENDERED 192.70 20,224.50 TOTAL CURRENT WORK 20,224.50 i G BALANCE DUE $20,224.50 1 i i i AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 239 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/04/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 40370 Attn: Lynn Swanson I General Matters 02/28/2022 Need It Now Delivers South Florida Inv 569075 167,57 Messenger Service 167.57 TOTAL ADVANCES THRU 02/28/2022 167.57 TOTAL CURRENT WORK 167.57 BALANCE DUE $167.57 i I i 1 i 1 4� 1 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 240 of 479 , GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/04/2022 100 E, Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 40361 Attn: Lynn Swanson v. JKM BTS Capital, LLC (Declaratory Action) HOURS 02/0712022 JAC Prepare for, attend, and follow up settlement conference 2.30 02/14/2022 GB Emails about case status with JAC. 0.10 JAC Emails with litigation counsel; Prepare for a presentation to city commission and for follow up meetings with newly elected; Discuss same with City Manager 1.40 02/15/2022 JAC Review new trial order and discuss with Gal Betesh; modify presentation to Commission regarding status of case 0.50 GB Received and reviewed trial order. Emails with JAC regarding trial order and trial date. Telephone conference call with City regarding trial order. Emails with Joanne O'Connor regarding upcoming JKM deposition. Began preparing for JKM's deposition. 1.60 02/16/2022 JAC Follow up for report at commission meeting regarding trial setting; outline issues for discussion with litigation 0.60 02/17/2022 JAC Prep for and conduct conference call with litigation team; miscellaneous follow-up 0.80 GB Zoom meeting with JAC and Jones Foster regarding case status. 0.40 02/18/2022 GB Emalls with Joanne O'Connor regarding upcoming JKM deposition. 0.10 02/21/2022 GB Prepared for JKM's deposition by pulling exhibits and drafting outline. Email outline and exhibits to Joanne O'Connor. 6.30 02/24/2022 JAC review and follow up re: request continue deposition; check history of delays 0.30 02/25/2022 GB Emalls with JAC and Joanne O'Connor re: JKM deposition. Legal research regarding pre trial conference for trial outline. Telephone conference call with JAC regarding case status and strategy. 0.60 JAC Follow up regarding request for cancellation of deposition; Online search regarding property transfer issues; discuss with LL 0.80 FOR CURRENT SERVICES RENDERED 15.80 3,555.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 6.70 $225.00 $1,507.50 GAL BETESH 9.10 225.00 2,047.50 Page 241 of 479 I Page: 2 CITY OF BOYNTON BEACH 03/04/2022 ACCOUNT NO: 306-9905525 STATEMENT NO: 40361 v. JKM BTS Capital, LLC (Declaratory Action) TOTAL CURRENT WORK 3,555.00 { BALANCE DUE $3,555.00 i i I i i i E I , I , AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 242 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905613 Boynton Beach FL 33435 STATEMENT NO: 40344 Attn: Lynn Swanson v. Solimando, Mark Burke (RPO) HOURS 02/14/2022 SHB Receive and review initial filing documents. Prepare Notice of Confidentiality, Notice of Filing, and Petition. Revise Affidavit. 1.60 02/15/2022 SHB Prepare Respondent Description Information. Assemble pleadings and file Petition. 0.60 02/16/2022 SHB Receive and review TRPO signed by judge. Prepare Joint Stipulation, Zoom Instructions, and Compliance Affidavit. Transmit to Villari along with TRPO, Order granting appearance by Zoom, and instructions for service. 1.70 02/17/2022 SHB Discuss stipulation matters with Villari. 0.10 02/18/2022 SHB Receive and review Proof of Service documents. Receive and review Joint Stipulation. Prepare and file Notice of Filing Joint Stipulation and Notice of Filing Proof of Service. Prepare Order on Compliance and Proposed Agreed Order and transmit to Judge for review. 1.20 02/21/2022 SHB Receive and review Clerk's notice re: confidential records. 0.10 02/22/2022 SHB Follow up re: status of Compliance order and signed Agreed Order. Receive and review signed orders; transmit to PD for service. Follow up with Villari re: mental health evaluation. 0.30 02125/2022 SHB Receive and review discharge paperwork. Prepare and file notice of filing compliance with order for evaluation. 0.40 FOR CURRENT SERVICES RENDERED 6.00 1,350.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 6.00 $225.00 $1,350.00 TOTAL CURRENT WORK 1,350.00 BALANCE DUE $1,350.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 243 of 479 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905587 Boynton Beach FL 33435 STATEMENT NO: 40341 Attn: Lynn Swanson Opioid Litigation HOURS 02/23/2022 SHB Discuss ILA with JAC and Laverriere, 0.60 02/28/2022 SHB Follow up with Shayna Sacks re: Commission consideration of ILA. 0.10 FOR CURRENT SERVICES RENDERED 0.70 157.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.70 $225.00 $157.50 TOTAL CURRENT WORK 157.50 BALANCE DUE $157.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 244 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page; 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905572 Boynton Beach FL 33435 STATEMENT NO: 40364 Attn: Lynn Swanson adv. Webb, Jesse Rufus, Jr. (Forfeiture of$8,425) HOURS 02104/2022 BJS Telephone call and follow up with Court Administration re: Order Rejection 0.50 FOR CURRENT SERVICES RENDERED 0.50 112.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL BRIAN J, SHERMAN 0.50 $225.00 $112.50 Photocopies TOTAL CURRENT WORK 112.50 BALANCE DUE $112.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 245 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 f=ast Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905569 Boynton Beach FL 33435 STATEMENT NO: 40338 Attn: Lynn Swanson adv. Deutsche Bank(Garza, Ruth) HOURS 02/28/2022 SHB Review final judgement of foreclosure. Check foreclosure safe site re: amount of sale and possible surplus. 0.40 FOR CURRENT SERVICES RENDERED 0.40 90.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $225,00 $90.00 TOTAL CURRENT WORK 90.00 BALANCE DUE $90.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 246 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905567 Boynton Beach FL 33435 STATEMENT NO: 40363 Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS 02/02/2022 HN Review of Judge's order granting the city's motion for scheduling hearing. Email exchange with GB and MDC. 0.30 MDC review updated trial order 0.20 GB Received and reviewed order granting in part motion for case management conference and emails regarding order. , 0.30 02/03/2022 HN Review of email from John Kuntzman re: impact foreclosure judgment has on federal case. Phone discussion with John. 0.20 02109/2022 HN Review of court's order to show cause. 0.10 02117/2022 HN Review of Karen and Wing Ho's Response to the Court's order to show cause for not responding to City's Motion to Dismiss. Email exchange with MDC and GB. 0.50 GB Received and reviewed Plaintiffs Response to Court's Order to Show Cause and Response to City's Motion to Dismiss. Emalls with HN regarding Plaintiffs' Response. 0.40 02/18/2022 MDC review response to Motion to Dismiss, confer with Heather Needelman on reply to response 0.40 HN Meeting with MDC to discuss reply to Plaintiffs response to the court's order to show cause. Review of case law regarding federal jurisdiction. Drafted reply and emailed to MDC cc GB. 2.40 02/21/2022 MDC review draft reply to motion to dismiss and provide comments; review revisions; confer with Heather Needelman on status of reply 0.60 HN Edits to reply. Review of MDC comments on draft reply. Review of case law regarding Rooker-Feldman doctrine. Email to GB. Email exchange with MDC. 1.50 02/24/2022 HN Discussion with GB re: discovery. 0.30 GB Meeting with HN regarding case status and strategy moving forward. 0.30 02/25/2022 GB Telephone conference call with HN regarding discovery. 0.20 HN Phone discussion with John Kuntzman. Drafted interrogatories, request for admissions and request for production. Review of amended complaint. Discussions with GB. Email to GB cc MDC with draft discovery requests. 1.60 02/28/2022 GB Reviewed and edits to discovery requests. Email to MDC and HN enclosed revised discovery. 0.60 HN Email to MDC and GB regarding discovery. Review of GB edits to draft discovery. Email to Wing and Karen Ho regarding depositions and providing Page 247 of 479 Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905567 STATEMENT NO: 40363 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) HOURS expert reports in compliance with the federal rules of civil procedure. Drafted summary of case for audit summary. Email to GB. Drafted motion to compel deposition and motion to compel reports in compliance with rule 26. 2.30 FOR CURRENT SERVICES RENDERED 12.20 2,745.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.20 $225.00 $270.00 HEATHER NEEDELMAN 9.20 225.00 2,070.00 GAL BETESH 1.80 225.00 405.00 Photocopies TOTAL CURRENT WORK 2,745.00 BALANCE DUE $2,745.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 248 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905565 Boynton Beach FL 33435 STATEMENT NO: 40336 Attn: Lynn Swanson adv. Yoakum, Timothy C. (RLC Appeal) HOURS 02/08/2022 SHB Discuss case matters with City Manager. 0.30 02/09/2022 SHB Telephone conference with Yoakum re: possible case resolution. 0.10 FOR CURRENT SERVICES RENDERED 0.40 90.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $225.00 $90.00 TOTAL CURRENT WORK 90.00 BALANCE DUE $90.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 249 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905542 Boynton Beach FL 33435 STATEMENT NO. 40362 Attn: Lynn Swanson PBA Captains Unit Formation 2021 HOURS 02/01/2022 GB Emalls with City regarding documents needed to respond to PSA's request for production. Received documents from City responsive to PBA request for production and began reviewing in preparation for responding to request. 1.50 JAC Conference with Gal Betesh regarding discovery and depositions 0.60 02/02/2022 GB Conversations with JAC regarding pre deposition meetings. Emalls with City regarding pre deposition meetings, Legal research regarding PBA's claims and whether their remedy is allowed under statute. 1.20 GB Telephone conference call with JAC regarding strategy. 0.20 02/03/2022 JAC Calls in review with Julie Oldbury regarding possible settlement of ULP 0.60 02/04/2022 GB Legal research regarding PSA's petition and elements that would need to be proven in order for PBA to prevail on claim in preparation for depositions. 3.00 02/07/2022 GB Legal research regarding PBA's claims against the City and preparation for pre deposition meetings with City. 5.20 JAC Conference with managers team regarding resolution of ULP and related issues; Fallow up with Gia and SH regarding documentation related to Solomon 1.50 02/08/2022 JAC Review settlement close out and discussed good faith meeting with captains/LL 0.80 SHB Discuss settlement matters with Keeler. Discuss case matters with Laverriere. Draft settlement agreement and send to PBA for review. 2.10 02/09/2022 JAC Continue review of settlement agreement document/process; call to manager re: same 0.40 SHB Discuss settlement agreement with JAC. Receive and review proposed settlement revision from PBA. Revise agreement and send back to PBA. Finalize agreement and transmit to PBA and City for signature. Receive and review Joint Notice of Settlement. 1.70 02/11/2022 SHB Discuss ULP matters with JAC and Oldbury. 0.20 JAC Fallow up on settlement 0.30 FOR CURRENT SERVICES RENDERED 19.30 4,342.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 4.20 $225.00 $945.00 Page 250 of 479 Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905542 STATEMENT NO: 40362 PBA Captains Unit Formation 2021 TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 11.10 225.00 2,497.50 SHANA H. BRIDGEMAN 4.00 225.00 900.00 Photocopies TOTAL CURRENT WORK 4,342.50 BALANCE DUE $4,342.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 251 of 479 GOREN, CHEROF, DOODY& EZROL, P,A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905515 Boynton Beach FL 33435 STATEMENT NO: 40333 Attn: Lynn Swanson adv. DLJ Mortgage Capital (Prows, Maria) HOURS 02/09/2022 SHB Attend hearing on Motion to Accept Foreclosure Sale Payment. 0.40 FOR CURRENT SERVICES RENDERED 0.40 90.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.40 $225.00 $90.00 TOTAL CURRENT WORK 90.00 BALANCE DUE $90.00 1 3 i' AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 252 of 479 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905512 Boynton Beach FL 33435 STATEMENT NO: 40332 Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) HOURS 02/01/2022 HN Review of Land Trust's affirmative defenses and email to SHB. Review of drafted objection. 0.70 02/15/2022 HN Coordinating setting hearing on City's Motion for Surplus Funds. 0.10 02/18/2022 HN Review of availability for hearing on city's motion for surplus funds. 0.10 FOR CURRENT SERVICES RENDERED 0.90 202.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.90 $225.00 $202.50 TOTAL CURRENT WORK 202,50 BALANCE DUE $202.50 i i i i 3i 3 i E AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 253 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905495 Boynton Beach FL 33435 STATEMENT NO: 40331 Attn: Lynn Swanson Bamboo/Palmer Special Assessment HOURS 02/18/2022 DS Reviewed Bamboo/Palmer notes and file, Drafted drafted final notice re: connection required. 0.40 02/22/2022 DS Discussed final Bamboo/Palmer letter with Patricia Kellner. 0.50 02/23/2022 DS Reviewed and revised draft final connection and payment letter. 0.80 02/25/2022 DS Discussed bamboo palmer final letter with JAC. Revised final notice letter. Discussed draft final letter with Patricia Kellner. 1.20 FOR CURRENT SERVICES RENDERED 2.90 652.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL DANIELLE SCHWABE 2.90 $225.00 $652.50 i TOTAL CURRENT WORK 652.50 BALANCE DUE $652.50 1 3 i i i 1, 3 I I i i i AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 254 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905475 Boynton Beach FL 33435 STATEMENT NO: 40328 Attn: Lynn Swanson Landfill Closure HOURS 02/03/2022 JAC Review correspondence and status of landfill closure settlement agreement 0.30 FOR CURRENT SERVICES RENDERED 0.30 67.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.30 $225.00 $67.50 TOTAL CURRENT WORK 67.50 BALANCE DUE $67.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 255 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9906433 Boynton Beach FL 33435 STATEMENT NO: 40358 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) HOURS 02/01/2022 HN Attendance on hearing set on city's motion to strike demand for jury trial. Drafted order setting hearing on attorneys'fees. Email to MDC with draft. Drafted final judgment. Review of MDC's comments on FJ. Edits to FJ. Email to JAC with draft FJ. 1.70 MDC confer with Heather Needelman and review draft proposed orders re: Summary Judgment ruling 0.80 02/02/2022 HN Discussions with JAC and BJS re: hearing on attorneys'fees. Phone call to expert to inform of date of hearing. Review of case law re burden of proof of hearing on attorneys'fees. Email to expert with documents related to the hearing. 1.50 02/03/2022 HN Review of judge's signed final judgment. Reviewing requirements for publishing sale date. Discussion with Adam Temple. Review and edits to notice of sale. 0.60 JAC Follow up with city commissioner regarding motion for summary judgment; discuss judicial sale issue with HN; 0.20 02/04/2022 MDC meet with Heather Needelman re: hearing on attorney's fees 0.40 HN Review of case law relating to a fees hearing. Meeting with MDC. Prepared judge's binder for the hearing. 1.30 02/07/2022 HN Prepping for fee hearing on 2114. Prepped HN statement and prepped questions for expert witnesses. 2.50 02/10/2022 HN Preparation of expert witness for hearing on 2114122. 2.70 02/1112022 JAC Review regarding upcoming attorney fees hearing 0.50 02/14/2022 HN Preparation and attendance on hearing on city's request for legal fees and costs. Discussion with Carol Trefry. Drafted judgment and emailed to MDC for review. Edits to judgment. 3.70 MDC confer with Heather Needelman on outcome of hearing, review and provide comments on draft judgment for attorneys fees and costs 0.40 JAC Review issues regarding attorney fees and outcome of hearing; 0.20 02/15/2022 HN Edits to judgment on fees and costs before uploading to the judge. 0.20 02/16/2022 HN Review of auction website, phone call and email to auction website to have sale linked to our account. Review of signed Final judgment as to attorney fees and costs. 0.50 Page 256 of 479 Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905433 STATEMENT NO: 40358 v. Ho, Benjamin and Karen (Code/Foreclosure) HOURS 02117/2022 MDC review acknowledgement of appeal and emails regarding status of case 0.30 HN Review of appeal documents filed. Email exchange with MDC. 0.20 02/18/2022 HN Meeting with MDC and JAC to discuss the appeal. Review of notice of filing proof of publication. 0.60 MDC confer with Heather Needelman on appeal process, potential effect of appeal on scheduled foreclosure sale of property 1 0.50 02/21/2022 HN Review of recorded final judgment and email to auction customer service to link account. 0.20 02/22/2022 HN Review of email from realforeclose auction website customer support regarding the account being linked to this foreclosure case. 0.20 FOR CURRENT SERVICES RENDERED 19.20 4,320.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL_ JAMES A. CHEROF 0.90 $225.00 $202.50 MICHAEL D. CIRULLO 2.40 225.00 540.00 HEATHER NEEDELMAN 15.90 225.00 3,577.50 Photocopies 02/04/2022 Filing fee Clerk of Court 75.00 Filing fee 75.00 02/01/2022 Prestige Reporting Service Inv 107640 125.00 02/15/2022 Prestige Reporting Service inv 107850 125.00 Depo 250.00 02/21/2022 Federal Express 19.34 Fed Ex 19.34 02/24/2022 ALM Media, LLC inv 578421-0210 210.00 210.00 TOTAL ADVANCES 554.34 TOTAL CURRENT WORK 4,874.34 BALANCE DUE $4,874,34 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 257 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905432 Boynton Beach FL 33435 STATEMENT NO: 40357 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) HOURS 02/04/2022 KLE Review application to employ, motion to allow post petition retainer, motion to convert to Chapter 11, 1.10 02/07/2022 HN Research as to whether laurore: can file a ch. 11 under Subchapter V and whether the deadline has expired. Review of emergency motion to convert case from ch. 13 to ch. 11. 2.60 KLE Review research from Heather Needelman re: Motion to Convert, Telephone conference with Joanna from Chapter 13 trustees office. 0.80 02/08/2022 HN Research and email of legal analysis to Kerry Ezrol regarding availability of filing a ch. 11 under Subchapter V. 1.30 KLE Prepare for hearings 1.60 02/09/2022 HN Review of code case basis and email to Kerry Ezrol. 0.30 KLE Prepare for hearing, Telephone conference with Aaron Wernick, attorney for Debtor 1.90 02/10/2022 HN Assisted with bankruptcy hearing and drafted order. Research relating to 11 U.S.C. §348(a). 2.10 KLE Prepare for and attend hearings; Follow up with Heather Needelman re: additional research, conference with Jaynes Cherof 3.80 02/11/2022 HN review of email from KLE to JAC re: hearing yesterday. 0.10 KLE Prepare for and attend meeting with James Cherof, prepare email to send to City 0.70 02/15/2022 JAC Review bankruptcy option with Kerry Ezrol; follow up conference call with Kerry Ezrol and CityManager 0.80 KLE Prepare for and attend conference call with Lori LaVerriere re: status of bankruptcy and next steps; Telephone conference with Jason Slatkin re: appeal , review Order on Motion For Relief From Stay, review Order on Motion to Convert Case From Chapter 13 to 11, review Order Authorizing Individual Chapter 11 Debtor(s)to Manage Financial Affairs 1.30 02/16/2022 HN Discussion with Jim Cherof re: phone discussion with Lori LaVerriere and Kerry Ezrol as to appealing bankruptcy court's ruling on conversion. 0.20 JAC Review bankruptcy bearing outcome and options with Kerry Ezrol 0.50 KLE Emails and telephone conferences with Jason Slatkin; Emails and telephone conferences with Alan Perlman, Email and telephone conference with Bob Weissler re: appeal , Review Chapter 13 Trustee's Final Report 1.60 Page 258 of 479 Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905432 STATEMENT NO: 40357 Laurore, Iva and Renan (Code/Foreclosure) HOURS 02/17/2022 KLE Telephone conference with Drew Dillworth re: appeal; Review Amended Document To Reflect Conversion to Chapter 11 and elect to proceed under Subchapter V. Filed by Debtor Renan Laurore (Re: [1] Voluntary Petition (Chapter 13) , review Order Discharging Trustee, review Twenty Largest Unsecured Creditors, 0.80 02/18/2022 HN Drafting motion for rehearing. Discussion with Kerry Ezrol. 2.30 KLE Telephone conference with Jason Slatkin, conference with James Cherof, Review Notice Appointing Trustee Renan Laurore, Review Chapter 11 Case Management Summary 0.90 JAC Follow up discussion with Kerry Ezrol regarding bankruptcy options and appeal 0.40 02/21/2022 HN Edits to Motion for Rehearing. Review of case law including In re: Wetter. 1.20 02/22/2022 HN Edits to Motion for Rehearing and email to Kerry Ezrol with draft. Research relating to standard of review for motions for rehearing. Email to Kerry Ezrol. Research as to requirements relating to a motion for reconsideration and email to Kerry Ezrol. Edits to motion for rehearing relating to standard of review. 2.60 KLE Prepare for and attend call with Lori LaVerriere re: appeal, rehearing, and status of bankruptcy and City's claim, review and revise Motion for Rehearing, review Order Setting Subchapter V Status Conference, Claims Bar Date, and Deadline for Elections Under 11 U.S.C. 1111(b). Status hearing and Notice of Meeting of Creditors, Deadline to File a Complaint Objecting to Discharge of the Debtor: 2.10 02/23/2022 HN Edits to Motion for Rehearing and email to Kerry Ezrol with revised draft. 0.40 02/24/2022 HN Review of Kerry Ezrol's edits and comments on Motion for Rehearing. Review of Bankruptcy Rule 9024 and Federal Rule of Civil Procedure 60(b)(6). Review of case law as to the standard of review for motions for relief under Federal Rule of Civil Procedure 60(b)(6). Email to Kerry Ezrol. 1.40 KLE Review and revise motion for rehearing, emails to and from counsel re: scheduling 0.80 02/25/2022 HN Review of case law involving motions for rehearing relating to errors of law. Edits to motion for rehearing. Email exchange with Kerry Ezrol. Review of Bankruptcy rule 9023 and Federal Rule of Civil Procedure 59. Email to Kerry Ezrol with draft of motion for rehearing under Rule 9023. 2.20 KLE Review and revise motion, conference with Heather Needelman 1.10 02/2812022 HN Edits to motion for rehearing before bankruptcy judge. Review of Wetter case. Email exchange with Kerry Ezrol. Review of 11 USC 1188 and 1189. Review of docket. Review of local rules related to service. 1.20 KLE Review and final motion for rehearing, 0.80 FOR CURRENT SERVICES RENDERED 38.90 8,752.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 1.70 $225.00 $382.50 KERRY L. EZROL 19,30 225.00 4,342.50 HEATHER NEEDELMAN 17.90 225.00 4,027.50 Page 259 of 479 Page: 3 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905432 STATEMENT NO: 40357 Laurore, Iva and Renan (Code/Foreclosure) 02/18/2022 Hearing Transcript Ouellette & Mauldin 30.00 Depo 30.00 TOTAL ADVANCES 30.00 TOTAL CURRENT WORK 8,782.50 BALANCE DUE $8,782.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 260 of 479 GOREN, CHEROI✓, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905412 Boynton Beach FL 33435 STATEMENT NO: 40322 Attn: Lynn Swanson Mangrove Park - Lease from St. Mark's HOURS 02/23/2022 JAC Correspondence with attorney for Saint Mark's; review and forward example of land swap agreement; 0.80 FOR CURRENT SERVICES RENDERED 0.80 180.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL_ JAMES A. CHEROF 0.80 $225.00 $180.00 TOTAL CURRENT WORK 180.00 BALANCE DUE $180.00 i I i E i 1 l AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 261 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905383 Boynton Beach FL 33435 STATEMENT NO: 40320 Attn: Lynn Swanson adv. Parrish, Jerry Lee, et., al. (The Bank of NY Mellon) HOURS 01/06/2022 SHB Receive and review Certificate of Sale. Follow up re: surplus funds. 0.30 FOR CURRENT SERVICES RENDERED 0.30 67.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 0.30 $225.00 $67.50 TOTAL CURRENT WORK 67.50 BALANCE DUE $67.50 ,I 1 i I ! i I i i I i ! I i E 1 i I AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 262 of 479 i GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9304150 Boynton Beach FL 33435 STATEMENT NO: 40313 Attn: Lynn Swanson Bankruptcy HOURS 02/07/2022 KLE Email from Lynn Swanson re: Maria C. Prows Amended Motion to Approve Sale and Notice of Hearing set for tomorrow, review documents, research, conference with Shana Bridgeman, emails to and from Michael Bakst, counsel for Trustee, conference with Brian Sherman re: status of code lien, foreclosure 1,70 02/08/2022 KLE Email from and to Lynn Swanson and Shana Bridgeman re: Maria C. Prows Amended Motion to Approve Sale and Notice of Hearing set for today; email from Candice Stone, email to Michael Bakst, counsel for Trustee, 0.40 FOR CURRENT SERVICES RENDERED 2.10 472.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 2.10 $225.00 $472.50 TOTAL CURRENT WORK 472.50 BALANCE DUE $472.50 I i AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 263 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 40314 Attn: Lynn Swanson Litigation Miscellaneous HOURS 02/0212022 SHB Meeting and evidence prep for chronic nuisance hearing. Continue ordinance review for revision re: fees. 1.10 02/07/2022 BJS Legal research and follow up re: Lien and property search/Maria Prows, follow up with KLE 1.30 JAC Review issues regarding forfeiture order with Brian Sherman and clerk of court 0.30 02/08/2022 SHB Prep for chronic nuisance hearing; discuss presentation of evidence with Stone. Receive, review, revise, and reformat evidence packet and send back to City for review. 1.70 02/0912022 JAC Review updated tort defense status report; miscellaneous revisions 0.50 02/11/2022 SHB Review West Palm Beach Chronic Nuisance Ordinance. Telephone conference with WPB ACA Arlene Franco Nero. Follow up with Chronic Nuisance team. 0.80 BJS Telephone call with Greg Cafaro and follow up re: Records Request/Pictures 0.50 02/14/2022 BJS Review correspondence re: Alexandra Siegele/Return of Property, review docket, and draft follow up correspondence, follow up with Chief Snow 1.30 SHB Review various pending chronic nuisance agreements and discuss with Cafaro. 2.10 02/15/2022 BJS Review and draft follow up correspondence re: Alexandra Slegele 21CF008357/Return of Currency 0.60 02/16/2022 BJS Meeting with JAC and GB re: Public Records Requests/Release of Records, telephone call with Clerk of Courts re: Return of Bond 0.50 SHB Attend Chronic Nuisance hearing re: White Rose properties. 4.00 02/18/2022 JAC Review pending tort defense cases/Status and pleadings; 1.50 { 02/22/2022 BJS Review correspondence and draft follow up re: Alexandra Slegele re: Return of Property 0.30 02/25/2022 JAC Review and audit status of pending tort defense cases; review pleadings, discovery, and trial calendar report; 2.00 02/28/2022 SHB Various correspondence re: chronic nuisance matters. Telephone Page 264 of 479 E i Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9904950 STATEMENT NO: 40314 Litigation Miscellaneous HOURS conference with Guim. Prepare draft Order for Chronic Nuisance violation and send to Zallman for review. 1.50 FOR CURRENT SERVICES RENDERED 20.00 4,500.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL. JAMES A. CHEROF 4.30 $225.00 $967.50 SHANA H. BRIDGEMAN 11.20 225.00 2,520.00 BRIAN J. SHERMAN 4.50 226.00 1,012.50 TOTAL CURRENT WORK 4,500.00 BALANCE DUE $4,500.00 i i I i i I I i i I 1 I i AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 265 of 479 1 3 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/0312022 100 E. Ocean Avenue ACCOUNT NO: 306-0603180 Boynton Beach FL 33435 STATEMENT NO: 40349 Attn: Lynn Swanson LABOR - General HOURS 02/01/2022 SHB Discuss pending PRR matters with JAC and GB. Telephone conference with JAC and Coln re: PRR matters.Additional research re: confidentiality and exemptions. 1.50 02/0312022 SHB Discuss pending PRR matters with GB, JAC and City staff. Research re: pending public records request and prepare response to requester. 2.70 02]0412022 SHB Additional research re: PRR matters. Discuss PRR with Chief Gregory. Revise response to requestor. 1.50 JAC Review off-duty conferences with union representatives and collective bargaining agreement/policies regarding same; follow up with Julie Oldbury; 0.80 02/09/2022 SHB Discuss various PRR matters with GB. Various correspondence and discussion with Abratt re: PRR. Discuss PRR matters with Slater. 0.90 02/16/2022 SHB Discuss various PRR matters with JAC, MDC, GB. Follow up with City re: status of responses/release of public records that have been requested. 1.30 02/21/2022 SHB Research re: CDC guidance on masking; update City Manager and HR. 0.50 02/23/2022 SHB Discuss IA matters with JAC. 0.30 02/25/2022 SHB Review updated CDC covid guidance. 0.50 SHB Review new article re: officer discipline history; discuss with JAC. 0.90 FOR CURRENT SERVICES RENDERED 10.90 2,452.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.80 $225.00 $180.00 SHANA H. BRIDGEMAN 10.10 225.00 2,272.50 TOTAL CURRENT WORK 2,452.50 BALANCE DUE $2,452.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 266 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-0806020 Boynton Beach FL 33435 STATEMENT NO: 40350 Attn: Lynn Swanson Red Light Cameras HOURS 01/31/2022 PE Sort and organized notices for 2120122 hearing, updated tracking log, updated SHB calendar. 1.60 02/02/2022 PE Prepared 20 prose notices for SHB approval. 2.30 02/03/2022 PE Sort organized and prepared 20 notices for 2/22/22 hearing. Converted to PDF/A and e-filed. Sent prose notices to printer for mailing. 4.50 02/04/2022 SHB Telephone conference with Sgt re: red light camera procedures. Coordinate meeting with RLC team. 0.70 02/08/2022 PE Updated tracking log. Updated SHB calendar. Sort organized and prepared notices for 2/22/22 and 3/8/2022 hearing, converted to PDF/A and e-filed. Sent prose notices to printer for mailing 6.20 SHB Review and approve NOls. 0.30 02/10/2022 SHB Meeting at PD with new RLC team to discuss procedural matters, 3.00 02/11/2022 PE Sort organized and prepared 12 notices for 3/8/2021 and 3/22/2021 hearing. Converted to PDF/A and e-filed. Sent prose notices to printer for mailing. 3.80 02/14/2022 SHB Review and approve NOls. 0.10 PE Converted 12 notices to PDF/A and e-filed for 3/8/2022 hearing 1.30 02/17/2022 SHB Receive and review red light appeal ruling re: credit card convenience fee., Discuss calendaring and hearing matters with staff. 0.70 02/18/2022 MDC confer with Shana Bridgeman on status of appeal, potential resolution 0.30 PE Sort organized and prepared 3 notices for 3/8/2022 hearing. Converted to PDF/A and e-filed. Sent prose notice to printer for mailing. Updated tracking log. Updated SHB calendar. 260 SHB Review and approve NOls. 0.10 02/21/2022 PE Updated tracking log, updated SHB calendar. 0.70 02124/2022 PE Sort organized and prepared 36 notices for 4/12/2022 hearing for SHB approval. Correct e-filing error, converted prose notices to PDF/A, sent prose notices to printer for mailing and e-filed. 6.70 02/25/2022 PE Converted 19 notices to PDF/A and e-filed. 2.00 SHB Review and approve NOls. Follow up re: corrected filings. 0.60 Page 267 of 479 Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-0806020 STATEMENT NO: 40350 Red Light Cameras HOURS SHB Review and approve NOls. 0.30 02/28/2022 PE Updated tracking log, followed up on violator address email. Updated SHB calendar 1.00 SHB Follow up re: status of upcoming trials and NOls needed. Review court records re: any lawsuits filed by Fine pursuant to notice of intent, 1.30 FOR CURRENT SERVICES RENDERED 40.10 5,752.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.30 $225.00 $67.50 SHANA H. BRIDGEMAN 7.10 225.00 1,597.50 PATRICIA EUGENE 32.70 125.00 4,087.50 Photocopies TOTAL CURRENT WORK 5,752.50 BALANCE DUE $5,752.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 268 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905423 Boynton Beach FL 33435 STATEMENT NO: 40355 Attn: Lynn Swanson adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 HOURS 02101/2022 GB Meeting with MDC regarding appeal on costs and answer brief. 0.80 MDC continue reviewing Initial Brief, confer with Gal Betesh on preparing Answer Brief, including review of cited cases and representations of activity before magistrate and district judges (accuracy of statement of facts in Initial Brief) 0.90 02/02/2022 GB Reviewed file and drafted response to Tristar's email regarding case status, 0.50 02/08/2022 GB Began reading case law cited in Plaintiffs' Initial Brief in appeal of Order Granting City Taxable Costs in preparation for drafting answer brief. 0.90 02/09/2022 GB Continued reviewing case law cited by Appellants in Initial Brief in appeal awarding the City's costs. Email to opposing counsel regarding extension of time. Emails with MDC regarding extension of time. 3.70 02/10/2022 GB Continued working on Answer Brief in appeal of order granting City costs by reviewing case law cited in Appellants' brief and conducting case law research for answer brief. 1.00 02/14/2022 GB Finalized and filed motion for extension of time to file answer brief. Legal research for Answer Brief. 3.30 i 02/17/2022 GB Drafted Mediation Statement and legal research regarding whether Court of Appeals have jurisdiction over this appeal and if this is a final order. 4.40 MDC confer with Gal Betesh on potential jurisdiction issues, mediation statement 0.40 02/18/2022 GB Emails with City regarding upcoming mediation in cost appeal. 0.10 02/24/2022 GB Telephone conference call with City in preparation for mediation in cost appeal. Attended mediation in cost appeal. Legal research regarding whether order on appeal is a final appealable order. 4.00 MDC confer with Gal Betesh re: issue in cost appeal mediation 0.20 02/28/2022 MDC review order setting oral argument, update Jim Cherof; review deadlines for filing and compliance with oral argument rules 0.30 FOR CURRENT SERVICES RENDERED 20.50 4,612.50 Page 269 of 479 3 Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905423 STATEMENT NO: 40355 adv Mata Chorwadi Inc- Homing Inn Federal Lawsuit RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.80 $225.00 $405.00 GAL BETESH 18.70 225.00 4,207.50 TOTAL CURRENT WORK 4,612.50 BALANCE DUE $4,612.50 i i 3 1 E E i AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 270 of 479 � 1 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905607 Boynton Beach FL 33435 STATEMENT NO: 40343 Attn: Lynn Swanson adv. Estate of Stanley Davis III Billing Category: 18 - RLO Claim#22874044 HOURS 02/01/2022 GB Telephone conference calls with City regarding public records request. Telephone conference call with JAC and SHB regarding public records request. Reviewed cases provided by SHB regarding public records requests. 0.78 02/03/2022 GB Telephone conference call with attorney Sue Ann Robinson regarding public records request. Emails with attorneys for claimant. Meetings with SHB and JAC regarding claim. 0.35 JAC Telephone call with attorney Jasmine Rand and follow up Regarding public records request and related issues 0.49 02/07/2022 GB Telephone conference call with SHB regarding public records request response. Telephone conference calls with City regarding public records requests and documents. Legal research regarding exemptions. Reviewed documents to be produced for any exemptions. Email to SHB and JAC regarding records. 0.92 02/08/2022 GB Edits to response to public records request. Email to JAC and SHB regarding response. 0.42 SHB Discuss PRR matters with GB and JAC. 0.20 02/09/2022 GB Emails to City regarding public records request. Telephone conference calls with City regarding public records request. Telephone conference calls with SHB regarding public records request. 0.85 { 1 02/1412022 GB Telephone conference call with Greg Cafaro regarding public records request. Reviewed third public records request and emails with SHS regarding request. Emails with City regarding third public records request. 0.64 02/1512022 GB Email to City regarding public records request. 0.07 SHB Attend meeting with City staff re: preparation for community meeting. 1.00 02/16/2022 MDC Mlsc conferences with Jim Cherof on public records requests, review case f law and applicable statutes; mise telephone calls regarding status of case and potential public records issues 1.80 I SHB Discuss PRR matters with JAC, MDC and GB. Follow up with FHP counsel to request copies of records released pursuant to PRR, Follow up with Fire, Page 271 of 479 Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905607 STATEMENT NO: 40343 adv, Estate of Stanley Davis III HOURS HR, and City Clerk re: status of responses to PRR. Discuss PRR response with Oldbury, JAC, GB, 1.73 JAC Internal CAO discussions and conference call with Julie Oldbury regarding records request and notice of claim 1.06 GB Telephone conference call with JAC, MDC and SHB regarding public records requests. Telephone conference calls with City, JAC and SHB regarding public records requests. Telephone conference call with Greg Cafaro regarding public records request. 2.12 02/17/2022 MDC Confer with Jim Cherof on public records matters, misc tic on issues relating to defense of claims 0.30 SHB Discuss case matters with JAC. Dial-in to conference call with opposing counsel. 0.20 JAC Discuss public records request issues with staff and assistant City Attorneys; review meeting notes for discussion with estate attorney 0.85 GB Telephone conference call and emails with City regarding third public records request. 0.35 02/18/2022 SHB Conference call with Jasmine Rand, JAC, and GB re: case matters. Discuss case matters with JAC, Discuss case matters with MDC. 0.80 JAC Conference call wl Jasmine Rand and follow up regarding records and meeting 0.56 02/22/2022 SHB Discuss meeting matters with JAC. 0.07 JAC Calls and discussion with assistant city attorneys regarding meeting and defensive claim conference call 0.28 02/23/2022 JAC Conference call with City Manager regarding meeting with Davis family; preparation for conference with FMIT regarding case assignment 1.42 SHB Meeting with JAC, Laverriere, and Police re: case matters. Discuss records request matters with GB. 0.87 02/24/2022 GB Drafted memo to file memorializing phone conversations with City regarding public records requests and exemptions. 0.35 JAC Prep for and correspond re: meeting with Davis family and counsel (Rand canceled) conference call with FMIT, Johnson, et al re status and defense issues; follow up re: same 1.98 SHB Travel to City Hall for meeting with Counsel for Davis. Discuss case matters with JAC. Telephone conference with JAC, Laverriere, Ignoffo, Johnson, and insurance staff re: various case matters. 2.33 I 02/25/2022 MDC Confer with Jim Cherof on status of insurance coverage and assignment of litigation defense counsel 0.30 GB Read article regarding incident and conversation with MDC regarding article. Telephone conference call with JAC regarding claim. 0.35 JAC Follow up on inquiries in emails with Bruce Johnson Regarding status of j pending claim related issues 0.56 I FOR CURRENT SERVICES RENDERED 24.00 7,560.00 3 i RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 7.20 $318.75 $2,295.00 MICHAEL D. CIRULLO 2.40 225.00 540.00 GAL BETESH 7.20 318.75 2,295.00 Page 272 of 479 Page: 3 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905607 STATEMENT NO: 40343 adv. Estate of Stanley Davis III TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 7.20 337.50 2,430.00 TOTAL CURRENT WORK 7,560.00 BALANCE DUE $7,560.00 I i i �I 1 3 i i I I E I {1 1 i AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE ? Page 273 of 479 I GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905594 Boynton Beach FL 33435 STATEMENT NO: 40365 Attn: Lynn Swanson FDOT-GCME Water Main Damage Billing Category: 18- RLO Claim#21870606 HOURS 02/01/2022 GB Telephone conference call with City regarding claim. 1.00 02/0212022 GB Emails with Tristar regarding claim. 0.10 02/04/2022 GB Telephone conference call with attorney for GCME regarding City's claim. 0.30 02/0812022 GB Received and reviewed AECOM's proposal. Emails with KLE regarding status of claim. Email to City regarding claim City damages and AECOM's proposal. 0.50 02109/2022 GB Email to City regarding claim. 0.10 02/17/2022 GB Telephone conference call and emails with City regarding Commission approving hiring AECON engineering. 0.30 FOR CURRENT SERVICES RENDERED 2.30 517.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.30 $225.00 $517.50 Photocopies TOTAL CURRENT WORK 517.50 BALANCE DUE $517.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 274 of 479 GOREN, CHEROF, DOODY & EZROL, P,A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905573 Boynton Beach FL 33435 STATEMENT NO: 40340 Attn: Lynn Swanson adv, Hughes, Elba (slip &fall) Billing Category: 18 - RLO Claim #21855286 HOURS 02/04/2022 GB Emails with Tristar regarding claim. Email to claimant's attorney regarding claim. 0.20 02/08/2022 GB Emails to opposing counsel regarding claim and Claimant's demand for settlement. Emails with City and tristar regarding additional information received from Claimant. 0.30 02/10/2022 GB Prepared for and participated in telephone conference call with Tristar and City regarding claim. Emails with opposing counsel regarding photos. Emails with City and Tristar regarding claim. 1.50 02/15/2022 GB Emailed settlement proposal to opposing counsel. 0.20 02/1612022 GB Telephone conference call with City regarding claim. 0.30 02/17/2022 GB Emails with opposing counsel regarding settlement of claim. Emails with Tristar regarding settlement offer to claimant. Emails with City regarding settlement offer to claimant. 0.30 02124/2022 GB Telephone conference call with City regarding settlement of claim. 0.20 02125/2022 GB Telephone conference call with opposing counsel regarding potential settlement. Legal research regarding adverse-inference instructions as it relates to remedial measures. Emails with Tristar and City regarding phone conference with claimant's counsel. 1.80 FOR CURRENT SERVICES RENDERED 4.80 1,080.00 i RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 4.80 $225.00 $1,080.00 I E TOTAL CURRENT WORK 1,080.00 i i BALANCE DUE $1,080.00 Page 275 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905492 Boynton Beach FL 33435 STATEMENT NO: 40360 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18 - RLO Claim #20818346 HOURS 02/07/2022 GB Email to opposing counsel regarding documents from Rehab. 0.10 02/09/2022 GB Telephone conference call with City and Tristar regarding claim. 0.20 02/15/2022 GB Emails with City regarding Plaintiffs interrogatories. Emalls with opposing counsel regarding Plaintiffs deposition and CME date and revised CME order. Received proposed Agreed CME order from opposing counsel and reviewed and approved for submittal. Emails with Dr.Zeide's office regarding canceling Plaintiffs CME. Emails to Dr. Jacobs regarding scheduling CME. Emails with City regarding new CME date for Plaintiff with Dr. Jacobs. 0.90 02/17/2022 GB Telephone conference call and emails with City regarding Plaintiffs interrogatories. Emails with opposing counsel regarding interrogatories. Received and reviewed medical records in response to subpoena duces tecum to Chirocare of Florida Holdings. Emails with opposing counsel regarding Plaintiff's deposition and interrogatories. 1.10 02/21/2022 GB Emails with VA regarding invoice approvals, Emails with opposing counsel regarding deposition of Plaintiff. Reviewed Dr. Jacobs Policy and email to Dr. Jacobs regarding policy limiting number of people in examination room. 0.70 GB Telephone conference call with opposing counsel regarding CME and deposition. Emalls with Dr. Jacobs office regarding CME requirements. Edits to Agreed CME Order. Drafted re-notice of deposition. Drafted Re-Notice for CME. 0.80 02/22/2022 GB Began drafting a deposition summary for Sgt. Llopis' deposition. Participated in pre deposition telephone conference call with Captain Burdelski, 1.00 02/23/2022 GB Prepared for and attended Captain Burdelski's deposition. Continued drafting deposition summary for Sgt. Llopis. 3.00 02/24/2022 GB Emails with City regarding Answers to Interrogatory. Finalized and filed notice of service of interrogatory. Served answer to interrogatory on opposing counsel. Email to Chief of Police regarding Plaintiffs request to take his deposition. Telephone conference call with Chief of Police regarding Plaintiff's request to depose him. Drafted eposition summary. 1.00 Page 276 of 479 Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905492 STATEMENT NO: 40360 adv. Flake, Natalie (MVA) HOURS 02/25/2022 GB Email to City enclosing deposition information for Chief of Police. 0.10 FOR CURRENT SERVICES RENDERED 8.90 2,002.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 8.90 $225.00 $2,002.50 Photocopies 0212112022 Universal Court Reporting Inv 20433975 115.00 02/21/2022 Universal Court Reporting Inv 20433810 506.65 Depo 621.65 02/04/2022 ChartSwap Medical Records Preservation Park Emergency Physicians 31.00 Outside Copying 31.00 02121/2022 Process Compass Investigations Inv 2022002031 40.00 Service Process 40.00 02/10/2022 Bethesda Hospital East- medical records Flake 19.90 19.90 TOTAL ADVANCES 712.55 TOTAL CURRENT WORK 2,715.05 BALANCE DUE $2,715.05 i I i 1 1 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 277 of 479 i GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905490 Boynton Beach FL 33435 STATEMENT NO: 40329 Attn: Lynn Swanson adv. Zamudio, Christian Valenzuela (MVA) Billing Category: 18 - RLO Claim##20818365 HOURS 02/01/2022 GB Telephone conference call with Claimant regarding payment of claim. Emails with City regarding claim and conversation with Claimant. Telephone conference calls with City regarding call with claimant. 1.00 02/02/2022 GB Emails with claimant regarding settlement. Emails with City regarding settlement. 0.40 l FOR CURRENT SERVICES RENDERED 1.40 315.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.40 $225.00 $315.00 i s TOTAL CURRENT WORK 315.00 BALANCE DUE $315.00 j 1 3 i I i i r 3 I I AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 278 of 479 GOREN, CHEROF, DOODY& EZROL, P-A, Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905462 Boynton Beach FL 33435 STATEMENT NO: 40359 Attn: Lynn Swanson adv. Capobianco, Ewa (Charge of Discrimination) Billing Category: 18- RLO Claim #20806974 HOURS 02/01/2022 GB Drafted and filed notice of filing deposition of Plaintiff. 0.20 02/2512022 GB Began drafting mediation summary. 0.40 02/28/2022 GB Finalized mediation summary and emailed summary along with enclosures to mediator. 1.40 FOR CURRENT SERVICES RENDERED 2.00 450.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.00 $225.00 $450.00 Photocopies TOTAL CURRENT WORK 450.00 BALANCE DUE $450.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 279 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905421 Boynton Beach FL 33435 STATEMENT NO: 40353 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim##19779868 HOURS 02/02/2022 JAC Review pleadings and case status issues; 0.30 02/04/2022 GB Telephone conference call with Clerk's office regarding conventionally filing video exhibit to statement of material judgment pursuant to Judge's order granting City's Motion to Conventionally File Video Exhibit. Drafted letter to Clerk enclosing thumbdrive with video exhibit and other supporting documents pursuant to direction from Clerk. Drafted notice of filing video exhibit. 0.50 02/07/2022 GB Received and reviewed Court's Order Continuing Trial. Emails with City and Tristar regarding trial being continued. 0.20 02/15/2022 GB Reviewed file in preparation for trial. 1.20 FOR CURRENT SERVICES RENDERED 2.20 495.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL .JAMES A. CHEROF 0.30 $225.00 $67.50 GAL BETESH 1.90 225.00 427.50 Photocopies 02/04/2022 Need It Now Delivers South Florida order 7907002 23.00 Messenger Service 23.00 TOTAL ADVANCES 23.00 TOTAL CURRENT WORK 518.00 BALANCE DUE $518.00 i I Page 280 of 479 GOREN, CHEROF, DOODY & EZROL, P.A, Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905403 Boynton Beach FL 33435 STATEMENT NO: 40321 Attw Lynn Swanson adv. Quigley, Theresa (Trip and Fall) Billing Category. 18- RLO Claim#20180501-01 HOURS 02/07/2022 GB Received and reviewed Complaint. Reviewed file in preparation for responding to Complaint. Telephone conference call with City regarding claim. 0.60 02/09/2022 GB Email to Tristar and City regarding claim. Telephone conference call with City and Tristar regarding claim. 0.40 02/15/2022 GB Reviewed Complaint and began legal research for motion to dismiss. 0.30 02/25/2022 GB Legal research regarding claim and City defense and email to City and Tristar regarding legal research. Emails with Tristar regarding claim. 2.90 GB Telephone conference call 02/28/2022 GB Emails with City and Tristar regarding claim. Drafted answer and affirmative defenses. Reviewed Defendant, Ferrovial Services Infrastructure, Inc. affirmative defenses. 1.80 FOR CURRENT SERVICES RENDERED 6.00 1,350.00 � I i RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 6.00 $225.00 $1,350.00 3i i TOTAL_CURRENT WORK 1,350.00 i I BALANCE DUE $1,350.00 i t f i i AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 281 of 479 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/0312022 100 E. Ocean Avenue ACCOUNT NO: 306-9905310 Boynton Beach FL 33435 STATEMENT NO: 40317 Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury-Carolyn Sims Center) Billing Category: 18- RLO Claim#001470000440GB HOURS 02/21/2022 GB Emails with opposing counsel regarding outstanding discovery. 0.20 02/24/2022 GB Emails with opposing counsel regarding discovery. 0.40 FOR CURRENT SERVICES RENDERED 0.60 135.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.60 $225.00 $135.00 TOTAL CURRENT WORK 135.00 BALANCE DUE $135.00 i i i 1 t AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE I Page 282 of 479 GOREN, CHEROF, DOODY& EZROL, P,A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905029 Boynton Beach FL 33435 STATEMENT NO: 40315 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim#001470000245GB HOURS 02/21/2022 GB Email to City regarding notice of appearance filed on behalf of Plaintiff. 0.10 02/25/2022 GB Updated RLO chart to reflect new counsel for Plaintiff. 0.10 FOR CURRENT SERVICES RENDERED 0.20 45.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.20 $225.00 $45.00 TOTAL CURRENT WORK 45.00 i BALANCE DUE $45.00 1 3 1 I 1 E r 1 i i E AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 283 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905190 Boynton Beach FL 33435 STATEMENT NO: 40351 Attn: Lynn Swanson adv. Readon, Jayden, Estate of(police chase) Billing Category: 18-RLO Claim #001470-000396-AB-01 HOURS 02/01/2022 GB Email to Stephanie Kaufer regarding requested documents. Telephone conference call with Stephanie Kaufer regarding requested documents. 0.40 02/02/2022 GB Meeting with JAC regarding officer Sohn's personnel file. Reviewed Sohn's personnel file and deposition transcript, 1.10 02/03/2022 GB Telephone conference call with City, JAC, SHB and Stephanie Kaufer regarding public records request. Telephone conference call with City regarding public records request. 0.50 JAC Review, prepare for, and conference call with Stephanie Kaufer regarding public records request 0.50 SHB Call with JAC, GB, Oldbury and Kaufer re: pending PRR. Discuss PRR response with JAC and GB. 0.70 02/23/2022 GB Conversation with JAC regarding Palm Beach Sheriff's Office review of the incident. Reviewed Palm Beach Sheriffs Office investigation report on the incident and emailed to JAC. 0.50 02/24/2022 GB Emails with attorney for Mark Sohn regarding hearing on Plaintiffs' Motion to Stay. 0.10 02/25/2022 GB Telephone conference call with JAC regarding strategy and case status. 0.20 FOR CURRENT SERVICES RENDERED 4.00 900.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL JAMES A. CHEROF 0.50 $225.00 $112.50 GAL BETESH 2.80 225.00 630.00 SHANA H. BRIDGEMAN 0.70 225.00 157.50 r Photocopies TOTAL CURRENT WORK 900.00 Page 284 of 479 Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905190 STATEMENT NO: 40351 adv. Readon, Jayden, Estate of(police chase) BALANCE DUE $900.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 285 of 479 GOREN, CHEROF, DOODY& EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Page: 1 CITY OF BOYNTON BEACH 03/03/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905347 Boynton Beach FL 33435 STATEMENT NO: 40352 Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) Billing Category; 18 - RLO Claim #0014700000452GB HOURS 02/02/2022 GB Drafted subpoenas duces tecum to state farm. Emalls with tristar regarding ISO report for Plaintiff. Drafted notice of production from non party(state farm). 0.60 02/03/2022 GB Telephone conference call with Dr. Zelda regarding Plaintiffs CME. Emails to City and Tristar regarding Plaintiff's CME. 0.50 02/08/2022 GB Read Dr. Zelda's CME reports. Telephone conference call with Dr. Zeide's officer regarding reports. Email to City and Tristar attaching CME reports. 2.00 02/09/2022 GB Telephone conference call with City and Tristar regarding claim. Drafted Notice of Service of CME report. 1.40 02/14/2022 GB Began working on tristar report. 2,70 02/16/2022 GB Telephone conference call with City regarding lawsuit. 0.30 02/28/2022 GB Emails with City and Tristar regarding claim and depth of hole. Began preparing for Plaintiff's deposition. 0,80 FOR CURRENT SERVICES RENDERED 8.30 1,867.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 8.30 $225.00 $1,867.50 Photocopies 02/09/2022 Professional Services ExamWorks, Inc. IME and medical record review 4,680.00 Professional Services 4,680.00 02/22/2022 Compass Investigations Inv 2022000607 40.00 02/22/2022 Compass Investigations Inv 2022001344 40.00 Page 286 of 479 Page: 2 CITY OF BOYNTON BEACH 03/03/2022 ACCOUNT NO: 306-9905347 STATEMENT NO: 40352 adv. Benitez, Antonio (Park Injuries) 02/22/2022 Compass Investigations Inv 2021012293 85.00 Service Process 165.00 02/09/2022 Fed Ex Federal Express 18.34 02/21/2022 Federal Express 22.89 Fed Ex 41,23 TOTAL ADVANCES 4,886.23 TOTAL CURRENT WORK 6,753.73 BALANCE DUE $6,753.73 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 287 of 479 JONES FOSTER P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm each, FL 33401-5950 561 659 3000 T Tax I.D. 59-1292566 jonesfoster.com City of Boynton each February 28, 2022 c/o James Cherof, Esq. Invoice No. 249362 100 E Ocean Ave File No. 29049.00002 Boynton each, FL 33435 TJB Represent City with respect to litigation over a development REMITTANCE COPY TOTALS FOR THIS STATEMENT RATE/HR. HOURS AMOUNT JOANNE M. OCONNOR 350.00 0.50 $175.00 THOMAS J. BAIRD 350.00 0.60 $210.00 $385.00 TOTAL FEES THIS INVOICE TOTAL COSTS ADVANCED THIS INVOICE $0.00 TOTAL CHARGES THIS INVOICE $386.00 PREVIOUS BALANCE $0.00 TOTAL ACCOUNT BALANCE $385.00 PLEASE RETURN THIS PAGE WITH YOUR REMITTANCE. PAYMENTS RECEIVED AFTER THE PREPARATION OF THIS INVOICE WILL NOT BE REFLECTED. IF AN UNPAID PRIOR BALANCE IS DISPLAYED ABOVE AND YOU HAVE RECENTLY REMITTED PAYMENT, PLEASE PAY ONLY THE CURRENT INVOICE CHARGES. THANK YOU DUE UPON RECEIPT Page 288 of 479 JONES FOSTER P.A. P.O. Box 3475 West Palm Beach, FL 33402-3475 505 South Flagler Drive, Suite 1100 West Palm Beach, FL 33401-5950 561 659 3000 T Tax I.D. 59-1292566 jonesfoster.com City of Boynton each February 28, 2022 c/o James Cherof, Esq. Invoice No. 249362 100 E Ocean Ave File No. 29049.00002 Boynton each, FL 33436 TJB Represent City with respect to litigation over a development TOTALS FOR THIS STATEMENT RATE HOURS AMOUNT JOANNE M. OCONNOR 350.00 0.50 $175.00 THOMAS J. BAIRD 350.00 0.60 $210.00 TOTAL FEE THIS INVOICE $385.00 TOTAL COSTS ADVANCED THIS INVOICE $0.00 TOTAL CHARGES THIS INVOICE $385.00 PREVIOUS BALANCE $0.00 TOTAL ACCOUNT BALANCE $385.00 Page 289 of 479 JONES FOSTER P.A. City t each February 28, 2022 Represent City with respect to litigation over a development Invoice No. 249362 File No. 29049.00002 Page FOR PROFESSIONAL SERVICES RENDERED: DATE INDV DESCRIPTION OF SERVICES HOURS AMOUNT 02/01/22 J 0 FINALIZE DEPO NOTICE FOR MARKEY, JKM 0.20 70.00 02/14/22 TJB EXCHANGE EMAIL CORRESPONDENCE WITH CITY 0.20 70.00 ATTORNEY CHEROF RE STATUS OF LITIGATION (2) 02/15/22 TJB RECEIVE AND REVIEW ORDER SETTING -JURY 0.10 35.00 TRIAL AND DIRECTING PRE-TRIAL MEDIATION PROCEDURES 02/17/22 JMO ZOOM CONFERENCE J CHEROF, G BETESH, T BAIRD 0.30 105.00 02/17/22 TJB TELEPHONE CONFERENCE WITH CITY ATTORNEYS 0.30 105.00 CHEROF& BETSCH TOTAL HOURS 1.10 Page 290 of 479 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach March 23, 2022 Attn: Karen Klein Bill No. 64361 P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach 032 MATTER: McFadden v. CBB/Sohn 20469 Claim #N/A BILL FOR FEES AND COSTS THROUGH 02/28/22 PROFESSIONAL SERVICES Date Services Attorney Hours 02/01/22 Receipt and review of Court's Order re: Calendar Call. SWK 0.10 02/03/22 Receipt and review of Court's Order on Sohn's Motion for Order SWK 0.10 Directing Clerk to Accept Conventionally Filed Audio and Video Exhibits. 02/03/22 Receipt and review of Court's Order on City of Boynton Beach's SWK 0.10 Motion for Order Directing Clerk to Accept Conventionally Filed Audio & Video Exhibits. 02/03/22 Receipt and review of Court's Order on Plaintiffs Motion for SWK 0.10 Order Directing Clerk to Accept Conventionally Filed Audio & Video Exhibits. 02/03/22 Draft/Revise correspondence to Southern District of Florida AGB 0.20 clerk of court enclosing flash drive containing audio and video exhibits filed pursuant to court's ruling 02/03/22 Draft/Revise Notice of Filing audio and video exhibits AGB 0.20 02/04/22 Receipt and review of Plaintiffs Notice of Filing Conventional SWK 0.10 Video Exhibit. 02/04/22 Receipt and review of City of Boynton Beach's Notice of Filing SWK 0.10 Conventional Video Exhibit. 02/04/22 Receipt and review of Plaintiffs Amended Notice of Filing SWK 0.10 Conventional Audio and Video Exhibits. 02/04/22 Receipt and review of Plaintiffs Amended Notice of Filing SWK 0.10 Deposition Designation. 02/07/22 Receipt and review of Plaintiffs Notice of Filing Audio and SWK 0.10 Video Exhibits. 02/11/22 Review/Analyze Deposition Transcript of Dr. Paul Wigoda SWK 0.60 Page 291 of 479 Client: City of Boynton Beach March 23, 2022 Matter: 20469 - McFadden v. CBB/Sohn Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 02/14/22 Preparation of Correspondence to Karen Klein re: Court's BLB 0.30 Order on Trial. PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 0.40 160.00 64.00 BLB Benjamin L. Bedard, Partner 0.30 185.00 55.50 SWK Stephanie W. Kaufer, Partner 1.50 185.00 277.50 Total Professional Services 2.20 $397.00 DISBURSEMENTS Date Description Amount 02/07/22 Delivery, Messenger Services #815380654463;Federal 71.71 Courthouse - FedEx Total Disbursements $71.71 CURRENT BILL TOTAL AMOUNT DUE $ 468.71 Balance Forward: 55.50 Payments &Adjustments: -55.50 Total Due: $ 468.71 Page 292 of 479 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 64361 Bill Date: March 23, 2022 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services 397.00 Total Disbursements 71.71 CURRENT BILL TOTAL AMOUNT DUE $ 468.71 Balance Forward: 55.50 Payments &Adjustments: -55.50 Total Due: $ 468.71 Past Due Balance 0.00 TOTAL AMOUNT DUE $468.71 Page 293 of 479 ROBERTS, REYNOLDS, BEDARD & TUZZIO, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 Tristar Risk Management March 23, 2022 Attn: Karen Klein Bill No. 64362 P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. 138 MATTER: Readon v. Boynton Beach 18187 Claim #001470-000396-AB-01 BILL FOR FEES AND COSTS THROUGH 02/28/22 PROFESSIONAL SERVICES Date Services Attorney Hours 02/02/22 Receipt and review of Officer Mark Sohn's 3/11/2004 reprimand SWK 0.20 by Boynton Beach Police Department. 02/03/22 Correspondence to correspondences to and from Gal Betesh, SWK 0.30 City attorney, re telephone conference to discuss case. 02/03/22 Telephone conference with Gal Betesh and Jim Cherof, City SWK 0.30 attorneys re discussing response to public records requests. 02/10/22 Receipt and review of deposition transcript of Thomas Wallace, SWK 0.80 86pgs. 02/18/22 Receipt and review of Plaintiffs Notice of Hearing on Plaintiffs SWK 0.20 Amended Motion to Stay. 02/24/22 Correspondence to correspondence to and from Gal Betesh re SWK 0.40 opposing Plaintiffs Motion to Stay. 02/26/22 Draft/Revise response in opposition to Plaintiffs Amended AGB 1.40 Motion to Stay PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount AGB Ann G. Breeden, Associate 1.40 160.00 224.00 SWK Stephanie W. Kaufer, Partner 2.20 185.00 407.00 Total Professional Services 3.60 $631.00 Page 294 of 479 Client: Gallagher Bassett Services, Inc. March 23, 2022 Matter: 18187 - Readon v. Boynton Beach Page 2 DISBURSEMENTS Date Description Amount 02/18/22 Deposition Transcripts #18756;Thomas Wallace 274.00 deposition transcript - Pleasanton & Marsaa Court Reporting Total Disbursements $274.00 CURRENT BILL TOTAL AMOUNT DUE $ 905.00 Balance Forward: 1,262.00 Payments &Adjustments: -1,262.00 Total Due: $ 905.00 Page 295 of 479 Please return this page with remittance to Roberts, Reynolds, Bedard & Tuzzio, PLLC 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Bill Number: 64362 Bill Date: March 23, 2022 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services 631.00 Total Disbursements 274.00 CURRENT BILL TOTAL AMOUNT DUE $ 905.00 Balance Forward: 1,262.00 Payments &Adjustments: -1,262.00 Total Due: $ 905.00 Past Due Balance 0.00 TOTAL AMOUNT DUE $905.00 Page 296 of 479 6.F. Consent Agenda 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Approve minutes from the April 5, 2022 City Commission meeting. Explanation of Request: The City Commission met on April 5, 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 04-05-2022 Meeting Minutes Page 297 of 479 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, April 5, 2022 at 5:30 P.M. Present: Mayor Ty Penserga Lori LaVerriere, City Manager Vice Mayor Angela Cruz Mike Cirullo, Deputy City Attorney Commissioner Woodrow L. Hay Shana Bridgeman, Deputy City Attorney Commissioner Thomas Turkin Crystal Gibson, City Clerk 1. Openings A. Call to Order - Mayor Ty Penserga Mayor Penserga called the meeting to order at 5:30 P.M. Crystal Gibson, City Clerk, announced the 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 State Attorney Dave Aronberg swore in Ty Penserga as Mayor. Swearing In of Angela Cruz as Commissioner District I City Clerk Gibson swore in Angela Cruz as Commissioner District 1. Swearing in of Thomas Turkin as Commissioner District III City Clerk Gibson swore in Thomas Turkin as Commissioner District 111. Presentation of Plaque to Justin Katz Mayor Penserga presented a plaque to Justin Katz to recognize his service on the City Commission. Mr. Katz briefly spoke on his City Commission experience and thanked City staff. Presentation of Plaque to Christina Romelus Mayor Penserga presented a plaque to Christina Romelus to recognize her service on the City Commission. Mrs. Romelus congratulated Mayor Penserga and thanked her Page 298 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 family and mentors. She spoke about the Boynton Beach community, achievements of the City, and the City staff. She thanked the Haitian community. Presentation of Plaque to Steven B. Grant Mayor Penserga presented a plaque to Steven B. Grant to recognize his service on City Commission. He thanked his fellow Commissioners and spoke on his vision for creating a family-friendly City. He thanked the City staff. Roll Call City Clerk Crystal Gibson called the roll. A quorum was present. Invocation by Pastor Bob Bender, Christ Fellowship Church. The Invocation was given by Pastor Bob Bender. Pledge of Allegiance to the Flag led by Vice Mayor Hay Vice Mayor Hay led the Pledge of Allegiance to the Flag. Agenda Approval- 1. pproval:1. Additions, Deletions, Corrections Mayor Penserga added Item 2B Statement by the City Manager to the agenda. He tabled Items 5B through 5E and Item 5G. He removed Items 13A through 13F. He moved up Items 8A through 8C to after Public Audience. He asked the Commission to limit the total duration of Public Audience but allowing the option for the Commission to reopen Public Comments if necessary. Vice Mayor Hay suggested a limit of one total hour for Public Audience. He agreed with all other suggestions by Mayor Penserga. Commissioners Cruz and Turkin both agreed to a one-hour total time limit to Public Comments. Commissioner Turkin stated he would like to add an item to the agenda to discuss an RFP proposal regarding the Palm Beach Sheriff's Office. Mayor Penserga noted it would be added to New Business. 2. Adoption Motion 2 Page 299 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Vice Mayor Hay moved to approve the agenda as amended. Commissioner Turkin seconded the motion. The motion passed unanimously. 2. Other A. Informational items by the Members of the City Commission. Commissioner Cruz disclosed she met with Bradley Miller regarding the 1320 S. Federal Highway project. Vice Mayor Hay recently worked with Feeding South Florida and over 900 people were served. He disclosed he spoke with Bradley Miller on Items 8A and 8B. He also noted that because there are only four Commissioners tonight, if a motion comes to a 2-2 split, the motion will fail tonight. Mayor Penserga acknowledged and confirmed the statement. Commissioner Turkin disclosed he spoke with Dr. Snyder regarding the 1320 S. Federal Highway project. Mayor Penserga disclosed he had conversations with Bradley Miller regarding the 1320 S. Federal Highway project. He discussed the project with residents and Dr. Snyder as well. He congratulated and thanked Rubenstein, Musical Director of the Boynton Beach Gold Coast Band. He thanked all the organizers of the Palm Beach Leisureville open house. B. Statement from the City Manager Lori LaVerriere, City Manager, said the statement was a follow-up to her memorandum to the Commission on the December 26, 2021, crash. She read the statement, which summarized the investigation report from the Florida Highway Patrol. The Florida Highway Patrol determined that the investigation is complete, and no charges will be filed. She noted the Boynton Beach Police Department will now conduct an Internal Affairs investigation to determine if any Police Department policies were violated. 3. Announcements, Community, and Special Events and Presentations A. Declaration of vacancy in District IV. (Tabled from the March 15, 2022, City Commission Meeting.) Mayor Penserga requested a motion to remove the item from the table. Motion 3 Page 300 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Vice Mayor Hay moved to remove Item 3A from the table. Commissioner Turkin seconded the motion. The motion passed unanimously. Mayor Penserga declared the position of District IV Commissioner vacant. City Clerk Gibson explained the qualifications and process to apply for the Commissioner vacancy. She noted all letters of interest and required documentation must be submitted to the City Clerk by April 12, 2022, by 12:00 p.m. Vice Mayor Hay asked what would happen if the City Commission opted not to select a Commissioner from the list of interested candidates. City Clerk Gibson replied that if the City Commission cannot come to an agreement after two regular meetings, the City Charter says a special election will be held. B. Development Department staff will provide the City Commission an update on the SagesGov EPermitting project implementation. (Tabled from the March 15, 2022, City Commission Meeting.) Motion Vice Mayor Hay moved to remove Item 3B from the table. Commissioner Cruz seconded the motion. The motion passed unanimously. Adam Temple, Development Director, provided a brief background on the implementation. He acknowledged the work of his team members. Saleica Brown, Development Services Manager, presented on the City of Boynton Beach's SagesGov Electronic Permitting System. She reviewed the implementation timeline, the benefits, features and capabilities of the system, future initiatives, and customer testimonials. Mayor Penserga thanked the team for their work and asked about the most common delay. Ms. Brown said the public does not understand the process and laws that have to be followed. Mayor Penserga asked about staffing. Mr. Temple noted staff recruitment was a challenge, but they have made some recent headway in key positions. Vice Mayor Hay asked if external customers are able to check on the status of permits. 4 Page 301 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Ms. Brown confirmed that they can log on to their SagesGov account and receive real- time updates on the status of a permit. Mr. Temple stated the system has allowed staff to focus on greater customer service and efficiency. Commissioner Turkin asked if there is assistance for any applicants who are not tech- savvy. Ms. Brown confirmed technicians and staff are available to assist any applicant at the kiosk. Commissioner Turkin recommended increasing advertising about the system. C. Announcement by John Durgan, Economic Development Manager, regarding the Boynton Beach Turn the Tables Internship and Career Expo on May 11, 2022. John Durgan, Economic Development Manager, announced the Turn the Tables Internship and Career Expo. It will be held on May 11, 2022, at the Arts and Cultural Center, 125 E. Ocean Avenue. The expo is geared towards high school students seeking paid and unpaid internship opportunities. He said they are still seeking employers who are interested in participating. He noted more information can be located at: www.boyntonbeach.orq/intership-fair. 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. Tyler Jasenski, Program Manager of Volunteers for Best Buddies Palm Beach, spoke on the mission of Best Buddies. He noted the 2022 Best Buddies Friendship Walk will be held on April 30, 2022, at 8:30 a.m. He said they currently have 61 teams registered. Nadine Kasti, Best Buddies Chapter President for Park Vista High School, shared her personal experience. E. Announcement of the roll-out of the Historic Plaque Initiative by Mike Rumpf, Liaison for the Historic Resources Preservation Board. Mike Rumpf, Liaison for the Historic Resources Preservation Board, presented on the Historic Site Plaques program. He reviewed selected milestones, plaque designs, the program overview, program benefits, and properties undergoing review. 5 Page 302 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 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. Stephanie Soplop, ADA Title II Coordinator, provided a brief background on the program. Ted Goodenough spoke briefly on Shaping Change, LLC. Dr. Janessa Dominguez, President of Shaping Change, LLC spoke on the mission of the organization. G. Proclamation for World Autism Awareness. Proclamation will be accepted by Lisa Pugliese LaCroix, Founder of Love Serving Autism. Mayor Penserga read the proclamation, which was accepted by Lisa Pugliese LaCroix, Founder of Love Serving Autism. Ms. LaCroix thanked the City for the support and the proclamation. H. 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. Mayor Penserga read the proclamation, which was accepted by Library Director Craig Clark. Mr. Clark invited the Commission and public to tour the library. He thanked the Library staff. Mayor Penserga asked about the high school graduation program. Mr. Clark described the free Career Online High School Program. 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. Mayor Penserga read the proclamation, which was accepted by Sherry McCorkle with the South Florida Water Management District. 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) 6 Page 303 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Mayor Penserga stated the Commission has agreed to limit this Public Comment to one hour total. He noted if additional people would like to speak, the Commission reserves the right to reopen Public Comment near the end of the meeting. He described the process for virtual speakers. Annette Gray, Founder of GBDC Entrepreneurship Institute and Workforce Development Entrepreneurship and STEAM, said their new home will be located at 515 Federal Highway. She spoke on the mission of GBDC and experiential learning. She noted a $20,000 grant they recently secured. Gregory Hartmann, 1083 SW 25th Place, expressed interest to serve on the CRA Advisory Board and asked for the Commission's consideration. Shirley Casa, 650 Snug Harbor Drive, congratulated the new Commissioners. She asked how many units are in Riverwalk and how many parking spaces are designated for that building. She spoke on the limited parking at Walgreens. Mayor Penserga reminded the Commission public comments is a time to hear from the speakers and not to answer questions. He asked Ms. Casa to leave her contact information so staff can contact her with those answers. Bishop Bernard Wright, CEO of Bernard Wright Ministries, asked the Commission to work more closely with community activists. He asked the Commission their sentiments on the Mark Sohn case. Harold Lloyd, resident of Palm Beach Leisureville, congratulated Mayor Penserga. He spoke on permitting issues experienced by their recreational building. Tory Orr, 106 NE 7th Avenue, asked the Commission to review Mark Sohn's record. He asked the Commission and the City to do the right thing. He noted a Community Review Board was needed in District 11. He asked for justice for SJ. Cindy Falco Di Corrado said it was nice to see someone new in District I I I and she hopes they see some changes in the community. She spoke on poor road conditions in District III. Pernell Davis said it was nice to see new faces on the dais. He noted disappointment that the Commission did not attend the recent meeting to hear community concerns. He spoke on the report from the Florida Highway Patrol. Mayor Penserga noted Mr. Davis was out of order with comments and issued a warning. 7 Page 304 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Karmen Morris, 333 NE 12th Avenue, is the grandma of Stanley Davis III. She asked for justice for her grandson. She said Mark Sohn needs to be fired and prosecuted. Bryce Graham, 2nd Vice-President for the National Action Network Central Florida Chapter congratulated the new Commissioners and Mayor Penserga. He said the Florida Highway Patrol report was a disgrace and he called on the City to do the right thing. He asked for the City to fire Mark Sohn. He spoke on justice for SJ. Shannon Thompson said she is the mother of SJ. She congratulated the new Commissioners. She spoke on the memorandum issued by the City Manager. She reiterated the City's pursuit policy. Stanley Davis, said he is the father of SJ. He spoke on the Florida Highway Report and the pursuit of his son. He spoke on pursuits in District II. Cortland McGuire, 506 Whispering Pines, congratulated the new Commissioners and Mayor Penserga. He expressed interest in serving on the CRA Advisory Board and asked for the Commission's consideration. Ernest Mignoli, 710 NE 7t" St. Unit 407, Boynton Beach, spoke on the SJ incident. He spoke on the Internal Affairs Department. Dr. Warren Swee, 1525 Via Alferi, Boynton Beach, expressed interest in serving on the CRA Advisory Board. Sheila Joe Gains, congratulated the newly elected Commissioners. She spoke on the SJ incident and the Internal Affairs investigation process. Irwin Cineus, 2405 Quantum Boulevard, said this is an opportunity for the new Commissioners to set a new tone. He asked for Mark Sohn to be fired. He spoke on the recent community meeting with Internal Affairs. He asked for District II community members to run for the CRA Advisory Board. Sharday Hunter, is SJ's aunt. She spoke on the Florida Highway Report investigation and the incident with SJ. She asked for the resignation of the City Manager and City Attorney. Mayor Penserga closed the Public Audience. Items 8A-8C were moved up in the agenda. 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. 8 Page 305 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 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. Deputy City Attorney Cirullo noted the items were first heard on March 1, 2022, and all backup materials have been provided to the Commission. He swore in audience members who wished to speak on the item. He confirmed there would be one hearing on both items. Bradley Miller from Urban Design Studio, 610 Clematis Street, West Palm Beach is representing the applicant. He noted the application was originally approved in 2018 and this was a re-application. He said they have presented two different site plans that have met the code. He spoke on the hours of retail operations and noted there was no restriction on the days of the week for use. Dr. Keri Snyder, 630 Riviera Drive, Boynton Beach, welcomed the new Commissioners and Mayor. She distributed a handout to the Commission. She referenced conditions on the handout, specifically restricting the hours of retail operations on Sunday. An unidentified speaker said he was at the meeting when Mr. Miller agreed to no Sunday hours. He expressed dissatisfaction that agreement will no longer be upheld. 9 Page 306 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Linda Morton, 641 Riviera Drive, Boynton Beach, is President of the Colonial Center Association. She spoke on issues created by the building including parking, traffic, and the visibility of the Colonial Center sign. Shirley Casa, 650 Snug Harbor Drive asked who was renting the retail space. Tom Ward, 650 Riviera Drive, said he believes Mr. Miller was doing a bait and switch. He asked the Commission to limit the retail operation hours on Sunday. Ernest Mignoli, NE 7th Street, Unit 704, Boynton Beach spoke on the building disrupting the feel of the neighborhood. He said there are politics at play. David Katz said he wanted to speak during Public Audience but was not called upon. Mr. Miller responded that he does not know the retail tenant. He said they followed the process for the site plan application, and they addressed the community concerns about parking after the first meeting. He said this is not bait and switch. The use went from professional and medical office to office and retail space. He also noted there is no retail space in Colonial Center, which is why they are closed on Sunday. Vice Mayor Hay said the applicant has met the code since the start and they had a willingness to accommodate community concerns. He said they need to move forward, and he will be voting to move forth with this project. Motion Vice May Hay moved to confirm the March 1, 2022, decision. The motion was not seconded and died. Deputy City Attorney Cirullo asked the Commission if they would like to take further action with the application because, as it stands now, it does not have any approvals to proceed. Commissioner Cruz asked for more information about their jurisdiction and authority. Deputy City Attorney Cirullo described the application and the quasi-judicial process. Commissioner Cruz asked what would legally happen if they did not accept the items. Deputy City Attorney Cirullo noted he was not giving legal advice but if anyone was unhappy with the decision of the Commission, they can file a challenge in Circuit Court and the City will have to defend that decision. Vice Mayor Hay reiterated the applicant has worked with staff to make this project a win- win. 10 Page 307 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Commissioner Turkin inquired whether they can ask the applicant about the retail business. Deputy City Attorney Cirullo noted the question is not relevant to the criteria. Commissioner Turkin said he empathizes with the residents and wants to know who more about the retail space. Mr. Miller asked the Commission to reconsider the motion for approval by Vice Mayor Hay. Intermittent audio issues occurred throughout the discussion. Mayor Penserga said the applicant has met code. He noted the miscommunication about the retail operation. He spoke on two scenarios that may occur if the Commission does not approve. Audio and broadcasting issues ensued. Was not able to record the resolution of Items 8A and 88. Deputy City Attorney Cirullo explained that the Commission could make a motion that was different from Commissioner Hay's first motion confirm the March 1St decision. He confirmed that it was acceptable for a Commissioner to put forth a motion to approve or deny Items 8A and 8B based on the information that was presented at the March 1, 2022 and the April 5, 2022 City Commission meetings. Motion Vice Mayor Hay made a motion to approve Items 8A and 8B based on the information that was presented at the March 1, 2022 and the April 5, 2022 City Commission meetings. Commissioner Cruz seconded the motion. The motion passed 3-1. Commissioner Turkin voted nay. 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. Audio and broadcasting issues ensued. Was not able to record the resolution of Item 8C. 11 Page 308 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Motion Vice Mayor Hay made a motion to approve Ordinance No. 22-012 on first reading. Commissioner Cruz seconded the motion. Mayor Penserga commenced a voice vote; however, City Clerk Gibson explained that an ordinance is usually approved by a roll call vote. Upon a roll call vote, the motion was approved unanimously. Order of the agenda was resumed. 5. Administrative A. City Commission to appoint a Vice Mayor to serve until the March 2023 municipal election. Audio and broadcasting issues ensued. Was not able to record the resolution of Item 5A. Motion A motion was made and duly seconded to appoint Commissioner Cruz as Vice Mayor to serve until the March 2023 municipal election. The motion was approved unanimously. 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 (COBWRA). 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). Items 5B through 5E and Item 5G were tabled until after the District 4 vacancy is filled. F. Annual appointment and reappointment of eligible members of the community to serve in vacant positions on City advisory boards. Motion Mayor Penserga moved to appoint Clovis Moody for regular position on the Art Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. 12 Page 309 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Mayor Penserga stated there are no applicants for the Building Board of Adjustments and Appeals. Motion Mayor Penserga moved to appoint Sharon Grcevic for regular position on the Community Redevelopment Agency Advisory Board. Vice Mayor Cruz seconded the motion. The motion passed 3-1. Commissioner Turkin voted nay. Vice Mayor Cruz moved to appoint Warren Swee for regular position on the Community Redevelopment Agency Advisory Board. Commissioner Hay seconded the motion. The motion passed 3-1. Commissioner Turkin voted nay. Mayor Penserga stated there are no applicants for the Education Youth and Advisory Board. Motion Vice Mayor Cruz moved to appoint Ben Lowe for regular position on the Historical Resources Preservation Board. Mayor Penserga seconded the motion. The motion passed unanimously. Motion Vice Mayor Cruz moved to appoint Thomas Devlin for regular position on the Library Board. Mayor Penserga seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to table the second appointment to the Library Board. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to table the second appointment to the Planning and Development Board. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Motion Commissioner Hay moved to reappoint Tim Litsch as a regular member to the Planning and Development Board. Mayor Penserga seconded the motion. The motion passed 3- 1. Commissioner Turkin voted nay. 13 Page 310 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Motion Commissioner Turkin moved to appoint Cortland McGuire to the Planning and Development Board. City Clerk Gibson noted an application was not received for Mr. McGuire for the Planning and Development Board. Commissioner Turkin asked to table the nomination. Discussion ensued about the procedure for nominations from the vacant District IV Commissioner position. Deputy City Attorney Cirullo clarified they should wait until that position is filled to nominate the additional position to the Planning and Development Board. Mayor Penserga stated there are no applicants for the Recreation and Parks Board. Motion Commissioner Turkin moved to appoint Thomas Devlin for a regular position to the Senior Advisory Board. Mayor Penserga seconded the motion. The motion passed 3-1. Vice Mayor Cruz voted nay. Commissioner Hay asked for clarification whether Mayor Penserga can make an appointment in lieu of an appointment from the vacant District IV Commissioner. City Attorney Cirullo clarified that Mayor Penserga can do that. Motion Mayor Penserga moved to appoint Judith Lyman for regular position to the Senior Advisory Board. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Motion Mayor Penserga moved to appoint Jay Sobel for an alternate position to the Planning and Development Board. Commissioner Hay seconded the motion. The motion passed 3-1. Commissioner Turkin voted nay. City Clerk Gibson noted she would notice the District IV vacancy. She wants to add a line to the advertisement that the documents required from interested candidates can be submitted to the City Clerk via email. Consensus was reached to add the language to the notice. Mayor Penserga recessed the meeting at 8:52 p.m. for five minutes to allow time to reboot the system. 14 Page 311 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Mayor Penserga reconvened the meeting at 9:03 p.m. 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. David Scott, Director of Economic Development and Strategy, noted the workshop will cover the Strategic Plan to date, updates on several strategic plans, and next steps for the five-year Strategic Plan. Consultants will be available to facilitate. In response to City Clerk Gibson's question, Mayor Penserga confirmed Item 5G was tabled. Vice Mayor Cruz said she would like to learn more about the ARPA funds and eligible uses for the funding. She requested a staff report on other ways the funds can be used. Mayor Penserga agreed and noted it would be added under Future Agenda. 5. 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 15 Page 312 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 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, 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 COVID-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. 16 Page 313 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 Motion Commissioner Hay moved to approve the Consent Agenda. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 7. Consent Bids And Purchases Over $100,000 A. Proposed Resolution No. R22-057 -Approve Award of Bid No. PWE22-008 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 January 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 the total amount of$165,000. 17 Page 314 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 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. Brief audio interruption. Motion Vice Mayor Cruz moved to approve the Consent Agenda. Commissioner Turkin seconded the motion. The motion passed unanimously. 9. City Manager's Report — None 10. Unfinished Business - None 11. New Business — None Mayor Penserga noted that Commissioner Turkin requested a consideration for a PBSO merger. Motion Commissioner Turkin moved to direct staff to request for a PBSO merger. Vice Mayor Cruz seconded the motion. The motion passed 3-1. Commissioner Hay voted nay. City Manager LaVerriere asked if the Commission was interested in seeing information about financial impact and personnel challenges. Mayor Penserga clarified the motion is a request for a proposal about a potential PBSO merger. He confirmed they are interested in seeing an analysis from the City and PBSO. Audio interruption ensued. Was not able to record the entirety of discussion on this item. 12. Legal A. Commission is requested to review the Lien Modification Order issued by the Special Magistrate at the January 19th, 2022, hearing for case 09-3565. Audio interruption ensued. Was not able to record the introduction of this item. Deitch Shalom, property owner, noted he was not properly notified of the issue. He said 18 Page 315 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 he received notification after the appeal deadline passed. Mayor Penserga asked for a summary of how the individuals were noticed. Mr. Temple confirmed the individuals received notices via certified mail. He said they were returned unclaimed. He said staff also posted the property and completed the affidavits. Commissioner Turkin asked if the property was recently sold. Mr. Shalom said it was sold in February 2022 for $160,000. The monthly rent was $1,200. Motion Commissioner Hay moved to affirm the final order of the Special Magistrate in full. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 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 Number: 50- 2020CA012780-XXXX-M B Motion Vice Mayor Cruz moved to approve Item 12B. Commissioner Hay seconded the motion. The motion passed unanimously. 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 19 Page 316 of 479 Meeting Minutes City Commission Boynton Beach, FL April 5, 2022 E. Discuss 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 There being no further business to discuss, the meeting was adjourned at 9:27 P.M. CITY OF BOYNTON BEACH Mayor— Ty Penserga Vice Mayor—Angela Cruz Commissioner—Woodrow L. Hay Commissioner— Thomas Turkin Commissioner— Vacant ATTEST: Crystal Gibson, MMC City Clerk Tammy L. Stanzione Deputy City Clerk 20 Page 317 of 479 7.A. Consent Bids and Purchases Over $100,000 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 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 19, 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 TERM AMOUNT SOLICIATION NUMBER Annual Estimated GT Supplies, Front Load Containers and Bid No. 027-2515- May 8, 2022 - May Expenditure Inc. Roll-Off Repairs 19/MFD 7, 2023 $250,000 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 318 of 479 Grant Amount: Attachments: Type Description D Attachment Bid Extension and Piggy-backs over $100k D Attachment Renewal Interest Letter - GT Supplies, Inc, - 2022-2023 Page 319 of 479 0 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY-BACKS OVER $100,000 April 19, 2022 REQUESTING DEPARTMENT: PUBLIC WORKS DEPARTMENT CONTACT:Adrianna Greco-Arencibia TERM: May 8, 2022, to May 7, 2023 SOURCE FOR PURCHASE: City of Boynton Beach Bid 027-2515-19IMFD ACCOUNT NUMBER: 431-2515-534.46-93 VENDOR(S): GT Supplies, Inc. ANNUAL ESTIMATE: $250,000 DESCRIPTION: On May 7, 2019, Commission awarded Bid No. 027-2515-19/MFD Front Load Containers and Roll-Off Repairs to GT Supplies, Inc. The vendor provides repairs to the City's containers on an "as-needed" basis. The initial bid agreement was for two (2) years with the option to renew for three (3) additional one-year renewals subject to vendor acceptance, satisfactory performance, and determination that the renewal is in the best interest of the City. The vendor has agreed to renew for a one-year term. Staff requests the approval of the 2nd renewal option from May 8, 2022, to May 7, 2023. FY 2021-$40,689 FY 2020-$105,629 FY 2019-$101,758 The City Boynton Finance/Procurement Services 100 E.Ocean Avenue Boynton Beach, FL 33435 P.0, Box 310 Baynton Beach,Florida 33425-0310 Telephone No,(SBI)742-8310 March 22, 2022 BICC: FRONT LOAD CONTAINERS AND ROLL OFF REPAIRS BIC. No.: 027-251541 /MFD Agreement between the CITY OF BOYNTON BEACH and GT SUPPLIES, INC. AGREEMENT RENEWAL TERM: May B,2022—May 7, 20123 X Yes, I agree to renew the existing agreement under the same terms; conditions and pricing for an additional one-year term, No, I do not wish to renew the bid for the following reason(s) GT SUPPLIES, INC. NAME OF COMPANY SIGN !UR Todd Roesch President NAME OF REPRESENTATIVE TITLE (please print) 8/2512022 (561) 881-8101 DATE (AREA CODE)TELEPHONE NUMBER admin@gtsupplies,com E-MAIL - Americo's Gateway to the Gulf Stream Page 321 of 479 7.B. Consent Bids and Purchases Over $100,000 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Approve an increase to the GovermentJobs.com d/b/a NEOGOV for a total amount not to exceed $110,000.00 for the City's HR Software which supports the organization through the entire employee lifecycle, automating applicant tracking, onboarding, training, performance, form and policy management, and a GovernmentJobs.com subscription. Explanation of Request: The Commission approved resolution R12-051 on J une 19, 2012 between the City and GovernmentJobs.com, Inc. d/b/a NEOGOV for Insight, and Online Hiring Center (OHC) a Recruitment Software, and Applicant Tracking Software. The Human Resources Department has expanded the use of NEOGOV to include the following modules over the past several years: Candidate Text Messaging -Allows HR to send applicants updates via text message. Onboard - Introduces new employees to City policies, and procedures. Perform- Evaluates and develops current employees. Learn - Centralized training portal for employees to complete online training courses. eForms- Employees complete forms relating to their Health Savings Account (HSA), Direct Deposit, W4, or Employee Activity Reports. Policy Management - Create, track, revise, and publish employee policies. GovernmentJobs.com Subscription - Posts all City Jobs on GovernmentJobs.com website. Human Resources is requesting an increase to the annual expenditure not to exceed $110,000.00 in order to have the necessary funds to process pending invoices and to provide sufficient amount to cover expenses in the future. How will this affect city programs or services? NEOGOV's HR suite empowers public sector HR to streamline processes in a centralized platform. Fiscal Impact: Budgeted: 001-1610-513.46-91 Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action Application: Page 322 of 479 Is this a grant? Grant Amount: Attachments: Type Description Resolution R12-051 Page 323 of 479 i 1 RESOLUTION NO. R12-051 4 A RESOLUTION OF THE CITY COMMISSION OF 6 THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A SERVICE AGREEMENT BETWEEN 7 THE CITY OF BOYNTON BEACH AND GOVERNMENTJOBS.COM, INC., D/B/A NEOGOV FOR APPLICANT TRACKING SOFTWARE; 161 AUTHORIZING THE INTERIM CITY MANAGER TO 11 EXECUTE THE AGREEMENT; AND PROVIDING AN 12 EFFECTIVE DATE. 13' 14! 161 WHEREAS, the City Commission of the City of Boynton Beach, Florida , upon the 161 recommendation of staff, deems it to be in the best interests of the City residents to enter 17 into a Service Agreement with GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant i 18; Tracking Software. 1 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2q' THE CITY OF BOYNTON BEACH, FLORIDA,THAT: 2 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as i 2� ' being true and correct and are hereby made a specific part of this Resolution upon adoption i ' 211 hereof. 24 Section 2. The City Commission of the City of Boynton Beach, Florida hereby 25 approves the Service Agreement between the City of Boynton Beach and ' I 26 'l GovernmentJobs.com, Inc., d/b/a NeoGov for Applicant Tracking Software. i 27 Section 3. The Interim City Manager is authorized to execute the Service I 2811 Agreement, a copy of which Agreement is attached hereto as Exhibit "A." I 2911 Section 4. This Resolution shall become effective immediately upon passage. i 301 i PASSED AND ADOPTED this 191h day of June, 2012. i i 1 Document in Windows Internet Explorer i Page 324 of 47 ................. CITY OF BOYNTON BEACH, FLORIDA 2 3 4 Mayo odro ice Mayor—Mackray '9 1jd Com ' 'o r—William e 1'3 Commissi er ev_eh olz / 114 11$ ATTEST: o missioner—Marlene Ross 26 Ja t M. Prainito, MMC y Clerk 24 23 <� • .r r I a I 6 J I i I � I Document in Windows Internet Explorer Page 325 of 47 Rla -osl Service Agreement THIS ON-LINE SERVICES AGREEMENT (this "Agreement") is made and entered into this /2 day of JLLIs, 2012, by and between GovernmentJobs.com, Inc., a California corporation (d/b/a "NEOG V"), and the City of Boynton Beach, FL a public entity acting by and through its duly appointed representative("Customer"). 1. Provision of On-line Services. (a) Customer hereby engages NEOGOV, and NEOGOV hereby agrees (subject to the terms and conditions set forth herein), to provide the services (the "Services") more fully described in this Agreement and in Exhibit A (Order Form). Customer hereby acknowledges and agrees that NEOGOV's provision and performance of the Services is dependent and conditioned upon Customer's full performance of its duties, obligations and responsibilities hereunder. 2. Additional NEOGOV Responsibilities. In connection with the performance of this Agreement, NEOGOV shall be responsible for the following: (a) NEOGOV shall provide all required hosting and operations support for the applications provided through this agreement. (b) NEOGOV shall follow those support, maintenance and other procedures and shall provide those support, maintenance and other services to Customer more fully described in this Agreement. 3. Customer Responsibilities. In connection with the performance of this Agreement and the provision of the Services,Customer shall be responsible for the following: (a) NEOGOV's logos,including the"powered by"logo,may appear on the"employment opportunities", "job description" and other pages of Customer's web site. (b) Customer shall be responsible for ensuring that Customer's use of the Services and the performance of Customer's other obligations hereunder comply with all laws applicable to Customer. (c) Customer shall be responsible, as between NEOGOV and Customer, for the accuracy and completeness of all records and databases provided by Customer in connection with this Agreement for use on NEOGOV's system. 4. Ownership,Protection and Security. (a) The parties agree that the NEOGOV marks and the Customer marks shall both be displayed on and through NEOGOV's system(s). (b) Ownership of any graphics, text, data or other information or content materials and all records and databases supplied or furnished by Customer hereunder for incorporation into or delivery through the application(s) described in this agreement shall remain with Customer, and NEOGOV shall cease use of all such material upon termination of this Agreement. (c) Customer acknowledges and agrees that nothing in this Agreement or any other agreement grants Customer any licenses or other rights with respect to NEOGOV's software system(source code or object code)other than the right to receive Services as expressly provided herein. NEOGOV shall retain all ownership in the intellectual property and all other proprietary rights and interests associated with NEOGOV's software system and Services and all components thereof and associated documentation,except as expressly provided herein (d) NEOGOV grants to Customer a limited license during the term of this Agreement to use and reproduce NEOGOV Proprietary and Confidential Page 1 of 8 Page 326 of 479 NEOGOV's trademarks and logos for purposes of including such trademarks and logos in advertising and publicity materials and links solely as permitted hereunder. All uses of such trademarks and logos shall conform to Customer's standard guidelines and requirements for use of such trademarks and logos. 5. NEOGOV Representations and Warranties. (a) Service Performance Warranty NEOGOV warrants that it will perform the Services in a manner consistent with industry standards reasonably applicable to the performance thereof. (b) No Other Warranty EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH IN THIS SECTION 5, THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS, AND CUSTOMER'S USE OF THE SERVICES IS AT ITS OWN RISK. NEOGOV DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY AND ALL OTHER EXPRESS AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,NONINFRINGEMENT AND TITLE,AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEOGOV DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. (c) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY REASONABLE EFFORTS TO TAKE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY,NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS. 6. Publicity. Following execution of this Agreement, the parties hereto may issue a press release, the form and substance of which shall be mutually agreeable to the parties, announcing the relationship created by this Agreement Except as expressly contemplated herein, neither party shall issue any additional press release which mentions the other party or the transactions contemplated by this Agreement without the prior consent of the other party,which consent shall not be unreasonably withheld 7. Nondisclosure. Through exercise of each party's rights under this Agreement, each party may be exposed to the other party's technical, financial,business, marketing,planning,and other information and data, in written, oral, electronic, magnetic, photographic and/or other forms, including but not limited to (i) oral and written communications of one party with the officers and staff of the other party which are marked or identified as confidential or secret or similarly marked or identified and (it) other communications which a reasonable person would recognize from the surrounding facts and circumstances to be confidential or secret ("Confidential Information") and trade secrets In recognition of the other party's need to protect its legitimate business interests, each party hereby covenants and agrees that it shall regard and treat each item of information or data constituting a trade secret or Confidential Information of the other party as strictly confidential and wholly owned by such other party and that it will not, without the express prior written consent of the other party or except as required by law including the Public Records Act of the State of FLORIDA,redistribute, market,publish, disclose or divulge to any other person, firm or entity, or use or modify for use, directly or indirectly in any way for any person or entity: (i) any of the other party's Confidential Information during the term of this Agreement and for a period of three (3) years after the termination of this Agreement or, if later, from the last date Services (including any warranty work) are performed by the disclosing party hereunder; and (ii) any of the other party's trade secrets at any time during which such information shall constitute a trade secret under applicable law. NEOGOV Proprietary and Confidential Page 2 of 8 Page 327 of 479 8. Liability Limitations. (a) If promptly notified in writing of any action brought against Customer based on a claim that NEOGOV's Services infringe a United States patent, copyright or trademark right of a third party (except to the extent such claim or infringement relates to any third party software incorporated into NEOGOV's applications),NEOGOV will defend such action at its expense and will pay any and all fees,costs or damages that may be finally awarded in such action or any settlement resulting from such action (provided that Customer shall permit NEOGOV to control the defense of such action and shall not make any compromise, admission of liability or settlement or take any other action impairing the defense of such claim without NEOGOV's prior written approval). (b) Customer acknowledges and agrees- (i) that NEOGOV has no proprietary, financial, or other interest in the goods or services that may be described in or offered through Customer's web site; and(ii)that except with respect to any material supplied by NEOGOV,Customer is solely responsible(as between NEOGOV and Customer)for the content, quality, performance, and all other aspects of the goods or services and the information or other content contained in or provided through Customer's web site. (c) OTHER THAN THOSE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, NEOGOV DOES NOT MAKE ANY WARRANTIES TO CUSTOMER OR ANY OTHER PERSON OR ENTITY, EITHER EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH RESPECT TO THE SERVICES PROVIDED HEREUNDER. NEOGOV SHALL NOT BE LIABLE TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY, UNDER ANY CIRCUMSTANCE OR DUE TO ANY EVENT WHATSOEVER, FOR CONSEQUENTIAL OR INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION,LOSS OF PROFIT, LOSS OF USE OR BUSINESS STOPPAGE. (d) Under no circumstances shall NEOGOV's total liability to Customer or any other person, regardless of the nature of the claim or form of action (whether arising in contract, tort, strict liability or otherwise), exceed the aggregate amount of fees and revenue received by NEOGOV hereunder for the prior twelve (12) month period; provided, however that the foregoing limitations set forth in this Section 8(d) shall not apply to actions brought under 8(a) above or to any injury to persons or damages to property arising out of NEOGOV's gross negligence or willful,gross misconduct. 9. Term and Termination. (a) This Agreement shall commence as of the date hereof and remain in effect for twelve (12) months unless terminated by either party as set forth herein("Initial Term"). (b) This Agreement may be renewed for additional terms ("Renewal Term") equal in duration to the initial Term provided Customer notifies NEOGOV at least thirty (30) days prior to the end of the Initial Term or a Renewal Term (c) NEOGOV reserves the right to terminate this Agreement immediately if the Services provided hereunder become illegal or contrary to any applicable law, rule,regulation or public policy. Each party shall have the right to terminate this Agreement upon sixty(60)days prior written notice to the other parry. (d) Within sixty(60)days of notification of termination of this Agreement,NEOGOV shall provide Customer with a dedicated data files suitable for importation into commercially available database software (e.g., MS-Access or MS-SQL) The dedicated data files will be comprised of Customer's data contained in NEOGOV's system. The structure of the relational database will be specific to the Customer's data and will not be representative of the proprietary NEOGOV database 10. Payments. (a)Initial Term. See Exhibit A(Order Form). NEOGOV Proprietary and Confidential Page 3 of 8 Page 328 of 479 (b)Renewal Term(s). For each Renewal Term,NEOGOV will continue to provide Customer with the Services, and will provide maintenance and support services as described herein, provided Customer issues a purchase order or modification to this Agreement and pays NEOGOV in advance the annual recurring charges then in effect. If there is an increase in annual maintenance and support charges, NEOGOV shall give Customer written notice of such increase at least thirty(30)days prior to the expiration of the applicable term. 11. Force Maieure. NEOGOV shall not be liable for any damages, costs, expenses or other consequences incurred by Customer or by any other person or entity as a result of delay in or inability to deliver any Services due to circumstances or events beyond NEOGOV's reasonable control, including, without limitation: (i) acts of God; (ii) changes in or in the interpretation of any law, rule, regulation or ordinance; (iii) strikes, lockouts or other labor problems; (iv) transportation delays; (v) unavailability of supplies or materials; (vi) fire or explosion; (vii) riot, military action or usurped power;or(viii)actions or failures to act on the part of a governmental authority. 12. Piggyback Clause. It is understood and agreed by Customer and NEOGOV that any governmental entity may purchase the services specified herein in accordance with the prices, terms, and conditions of this agreement. It is also understood and agreed that each local entity will establish its own contract with NEOGOV, be invoiced therefrom and make its own payments to NEOGOV in accordance with the terms of the contract established between the new governmental entity and NEOGOV. It is also hereby mutually understood and agreed that Customer is not a legally bound party to any contractual agreement made between NEOGOV and any entity other than Customer. 13. Miscellaneous. Either party may not assign its rights or obligations under this Agreement without the prior written consent of the other party. This Agreement may not be modified or amended(and no rights hereunder may be waived) except through a written instrument signed by the party to be bound. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and shall be governed by and construed in accordance with the laws of the State of FLORIDA, without giving effect to conflict of law rules. Customer acknowledges and agrees that this Agreement is not intended to be and shall not be construed to be a franchise or business opportunity. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their respective duly authorized officers as of the date set forth above. Customer Signature: Print Name: Loo.i LA V Gr ri --rc_ Title. =t1TeRi M Cr Mp'rLActF—P, IV GovernmentJobs.com,Inc.,a California corp tion APPROVE , s y Signature: ' �•• -- _ CITY ATTORNEY Print Name: Scott Letourneau Title: President Date- d�v6/zoo L NEOGOV Proprietary and Confidential Page 4 of 8 Page 329 of 479 N EOG OV_' Order Form EXHIBIT A—ORDER FORM Customer: Bill To: Attention To: Juile Oldbury Address: 100 E. Boynton Beach Blvd. Boynton Beach, FL 33425 AGENCY NAME: City of Boynton Beach, FL Phone: (561) 742-6277 Email: oldburyj@bbfl.us Quote Date: 6/18/2012 Revision: Valid From: 6/18/2012 Valid To: 6/30/2012 Order Number: Requested Service Date: TBD Initial Term: 12 Months Order Summary 1.0 Insight Enterprise Edition Subscription License � 1.1 $8,500.00 12 Provisioning $2,500.00 Training 1.3 WAIVED �;80�00 �5:00&00 Sub Total: $8 500.00 $2,500.00 More detailed descriptions of the services are contained in the order detail for each service which are incorporated herein and made a part hereof by this reference. 2Promotional pricing is applied to this agreement if it is signed executed and returned before June 30`h,2012 NEOGOV Proprietary and Confidential Page 5 of 8 Page 330 of 479 Order Form N EOGOV.M Order Detail 1.0 Insight Enterprise Edition 1.1 License Subscription The Customer's subscription to the Insight Hiring Management Software includes the following functionality, Recruitment • Customized online job application • Accept fob applications online • Online applications integration with current agency website • Online job announcements and descriptions • Automatic online job interest cards • Proactively search your applicant database • Real-time database of all applicant information • Recruitment and examination planning Selection • Create, store, and reuse supplemental questions in the Insight item bank • Screen applicants automatically as they apply • Define unique scoring plans per recruitment, or copy existing scoring plans • Test Item bank (optional in TMS) • Conduct item analysis • Test processing (automatically input Scantron test data sheets)* • Test analysis and pass-point setting • Score, rank, and refer applicants Applicant Tracking • Email and hardcopy notifications • EEO Data collection and reports • Track applicants by step/hurdle • Schedule written, oral, and other exams • Detailed applicant history record • Skills tracking and matching Reporting and Analysis • Collect and report on EEO data • Analyze and report on adverse impact and applicant flow • Track and analyze data such as time-to-hire, recruitment costs, staff workload, applicant quality, etc • Over 80 standard system reports • Ad Hoc reporting tool HR Automation • Create and route job requisitions • Refer and certify applicants electronically • Scan paper application materials * Cost of the scanner is not included unless listed on Exhibit A—ORDER FORM * Requires a Scantron or similar Optical Mark Reader (OMR) scanner, special forms, form set-up, and scanner software, which are not included unless listed on Exhibit A — ORDER FORM NEOGOV Proprietary and Confidential Page 6 of 8 Page 331 of 479 Order Form NEOGOV Additionally, during the term of the subscription, the Customer will be provided Unlimited Customer Support(6:00 AM — 6:00 PM PT) Customer Support shall be provided to the Customer both on-line and by telephone Monday— Friday, 6:00 AM —6.00 PM PT (excluding NEOGOV holidays) Product Upgrades to Licensed Software Customer shall receive all product upgrades to purchased package Product upgrades are automatic and available upon the next login following a product upgrade rollout Product upgrade rollouts are generally released every three months. 1.2 Provisioning The following activities are conducted as part of the Insight Enterprise implementation • Conduct a project kick off meeting to review the project timeline, deliverables, and establish project expectations • NEOGOV will establish an Agency-specific training environment that will be used during training and post-training to allow the Agency to learn the system and begin defining new roles, responsibilities, and activities within the HR staff • NEOGOV will conduct eight hours of on line instructor led training. NEOGOV will provide all required user exercises and user guides to the Agency. • Once the core user community is comfortable with the system (typically within 10 hours of hands-on use) they will train the remaining HR staff to complete their tasks using Insight • Between the training and go-live, NEOGOV will complete the following activities. o Creating an agency-specific training environment which is used by your agency during training and afterwards to train in prior to moving into production o Configure printable fob bulletin o Integrate your new production fob opportunities, promotional opportunities, and class specifications web pages into your existing agency website o Establish the Agency's Insight Enterprise production environment 1.3 Training NEOGOV will deliver training to Agency recruiters. We will provide all required user exercises and user guides to the Agency. Following the training, your agency will have full access to the training environment. Additionally, your agency has full access to our Customer Support Help Desk during the training to help new users fully utilize Insight Our existing customers find that this unique implementation approach enables their users to become familiar with Insight in a safe environment, promoting system use and leading to a more successful rollout. NEOGOV Proprietary and Confidential Page 7 of 8 Page 332 of 479 Order Form NEOGOV" Order Form Terms and Conditions: (1) The Customer hereby orders and GovernmentJobs com, Inc. (d/b/a NEOGOV hereafter "NEOGOV") agrees to provide the services described in this Order Form. THE SERVICES ARE PROVIDED PERSUANT TO THE TERMS AND CONDITIONS OF THIS ORDER FORM AND THE SERVICE AGREEMENT BETWEEN NEOGOV AND THE CUSTOMER. (2) The Customer agrees that the payment schedule is as follows: Provide all required software and Licenses • One hundred percent (100%) of the annual license price is payable within thirty (30) days of execution of this Order Form and Service Agreement. ($8,500.00) Software Provisioning for first half of Insight Enterprise • One hundred percent (100%) of the non-recurring costs are to be paid to NEOGOV within thirty (30) days of the execution of this Order Form and Service Agreement. ($2,500.00) Completion of Training • One hundred percent (100%) of the training price is payable within thirty (30) days of completion of training. (WAIVED) (3) Neither the Customer nor NEOGOV will be bound by this Order Form until it has been signed by authorized representatives of both parties. (4) Changes or alterations to this Order Form will not be accepted. THERE ARE SIGNIFICANT ADDITIONAL TERMS AND CONDITIONS, WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS CONTAINED IN THE SERVICE AGREEMENT BETWEEN THE CUSTOMER AND NEOGOV DO NOT SIGN THIS ORDER FORM BEFORE YOU HAVE READ THE SERVICE AGREEMENT IN ITS ENTIRETY YOUR SIGNATURE BELOW INDICATES THAT YOU HAVE READ THE SERVICE AGREEMENT AND AGREE TO BE BOUND BY ITS PROVISIONS Customer NEOGOV Signature. �,w �-c-`._ Signature: Print Name' Lori LaVerriere Print Name Scott Letourneau Title: Interim City Manager Title: President Date- Date NEOGOV Proprietary and Confidential Page 8 of 8 Page 333 of 479 The City of Boynton Beach Procurement Services 100 E. Boynton Beach Boulevard P.O. Box 310 Boynton Beach, Florida 33425-0310 lip Telephone No: (561)742-6310 FAX: (561) 742-6316 July 17, 2012 GovernmentJobs.com, Inc. d/b/a NEOGOV 222 N. Sepulveda Blvd., Suite 200 El Segundo, CA 90245 ATTN: Mr Scott Letourneau, President RE: AGREEMENT BETWEEN NEOGOV AND THE CITY OF BOYNTON BEACH Dear Ms Letourneau- Enclosed is the fully executed Service Agreement for Applicant Tracking Software between the City of Boynton Beach and GovernmentJobs com, Inc d/b/a NEOGOV for your files. If you have any questions, please do not hesitate to contact me at 742-6310. Sincerely, 'j' 60'4w Tim W. Howard Deputy Director of Financial Services encl: Original Signed Agreement, Resolution No. R12-051 c: Julie Oldbury, Director of Human Resources w/encl. Central File File AMERICA'S GATEWA Y To TIIE G ULFSTREAM Page 334 of 479 8.A. Public Hearing 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Proposed Ordinance 22-012 - Second 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, each time 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 D Ordinance Ordinance approving 2022 redistricting boundaries D Location Map 2022 District Map Page 335 of 479 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 336 of 479 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 337 of 479 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 338 of 479 '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 9.A. City Manager's Report 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: The City Manager will provide a status update on the City Commission's request for the City to solicit a proposal from the Palm Beach County Sheriff's Office for a potential merger. 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 340 of 479 9.B. City Manager's Report 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: City staff to provide presentation on the Performance Management Transparency portal on the City's website. Explanation of Request: The Transparency portal will allow the general public to have unprecedented visibility of the City's budget, strategic initiatives and operations in real-time. The program is currently in it's pilot phase, starting with the City's Capital Improvement Program, Recreation & Parks and Finance Departments. Over time, the metrics will be tied to the City's Strategic Plan, which is currently being updated and will be approved by the new City Commission. An effective performance management program is a long-term effort that will evolve and be refined over time. The long-term goal is to centralize performance data to improve decision-making and process improvements by creating dashboards for all City departments that show real-time data and analytics that tie initiatives and operations of each department to the City's overall Strategic Plan. It is a constant, ongoing process of refining metrics and comparing data for continual improvement as an organization. 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 341 of 479 11.A. New Business 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Approve request for Master Plan Modification (MPMD 22-001) for Shalimar at Boynton Beach to establish project density and intensity, maximum building heights, land use distribution, and vehicle pedestrian circulation design. Applicant: Rene Gutierrez, TM Residential LLC. Approve request for New Major Site Plan (NWSP 22-001) for Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. Applicant: Rene Gutierrez, TM Residential LLC. Explanation of Request: The proposed Shalimar at Boynton Beach development is located at the southwest corner of W. Boynton Beach Boulevard and Knuth Road. The project site is vacant and totals 12.506 acres. The parcel abuts an existing, unimproved 30-foot wide platted right-of-way that is required to be abandoned prior to permitting (See Exhibit "C" - Conditions of Approval). The subject property is one of the few remaining large vacant lots within the City limits that could accommodate a large-scale mixed-use development without the need for land assemblage. The subject parcel was annexed to the City on December 18, 1990. Concurrent with approval of the annexation (Ordinance 090-61), the City Commission approved the associated Future Land Use Map Amendment and Rezoning application (Ordinances 090-69 and 090-70) to provide the parcel a Local Retail Commercial (LRC) future land use classification and Planned Commercial Development (PCD) zoning designation. The applications also included a Master Plan to construct a Planned Commercial Development consisting of 120,000 square feet, associated parking and site improvements. This approval was vested with the construction and platting of a portion of the site with a gas station and convenience store located at the northeast corner of the original master plan. On June 15, 2021 the City Commission approved a Rezoning application (Ordinance 21-015) to amend the parcel's zoning designation from PCD (Planned Commercial Development) to SMU (Suburban Mixed Use), which was intended to encourage the construction of a well- planned mixed-use development in accordance with a relatively new mixed-use zoning district. A principal purpose of this district is to allow a mix of residential and commercial uses to complement the City's commercial core, provide interconnectivity and minimized travel distances, and contribute to the vision intended for the area. Staff has reviewed this request for a Major Site Plan Modification and Master Plan Modification, and recommends APPROVAL, subject to the accompanying conditions. The Planning and Development Board reviewed the subject applications at their meeting on March 22, 2022 and recommends approval of the Major Master Plan Modification application (MPMD 22-001); however, the board did not recommend approval of the request for New Major Site Plan (NWSP 22-001). How will this affect city programs or services? N/A Fiscal Impact: Development of this property will add to the City's tax roll. Page 342 of 479 Alternatives: None recommended. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type Description D 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 Letter E)diibit D - Parking Demand Study D Letter E)diibit E -Applicant Justification D Development Order Development Order D Attachment Staff Presentation D Attachment Applicant Presentation Page 343 of 479 DEVELOPMENT DEPARTMENT PLANNING AND ZONING DIVISION MEMORANDUM NO. PZ 22-010 STAFF REPORT TO: Chair and Members Planning and Development Board THRU: Michael Rumpf Planning and Zoning Administrator FROM: Luis Bencosme, Planner II DATE: March 17, 2022 PROJECT NAME: Shalimar at Boynton Beach (NWSP 20-004) REQUEST: Approve request for New Major Site Plan (22-001) and Master Plan Modification (MPMD 22-001) to Shalimar at Boynton Beach to allow the construction of a mixed-use development consisting of 250 residential units, two (2) retail buildings totaling 4,300, a 9,850 square-foot clubhouse, and associated site improvements. PROJECT DESCRIPTION Property Owner: SBB 250 SPE LLC Applicant: Rene Gutierrez, TM Residential, LLC Agent: Bonnie Miskel and Beth Schrantz, Dunay, Miskel & Backman, LLP Location: Southwest corner of W. Boynton Beach Boulevard and Knuth Road and north of Stonehaven Drive (see Exhibit "A" — Site Location Map) Existing Land Use: MXL (Mixed Use Low) Proposed Land Use: MXL (Mixed Use Low) Existing Zoning: SMU (Suburban Mixed Use) Proposed Zoning: SMU (Suburban Mixed Use) Proposed Use: Mixed use development with 250 residential dwelling units, 4,300 square-foot of retail space,9,800 square-foot clubhouse,and associated parking and related site improvements. Acreage: 12.506 Acres Page 344 of 479 Shalimar at Boynton Beach (MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 2 Adjacent Uses: North: Right-of-way for West Boynton Beach Boulevard; further north, developed commercial property classified Local Retail Commercial (LRC) and zoned C3 (Community Commercial). South: City limits; further south, unincorporated Palm Beach County and the Quail Ridge residential golf course. East: Commercial outparcel classified Local Retail Commercial (LRC) and zoned PCD (Planned Commercial Development); further east, right-of- way of Knuth Road followed by a developed commercial property classified Local Retail Commercial (LRC) and zoned C3 (Community Commercial), as well as a developed commercial property classified Local Retail Commercial (LRC) and zoned C1 (Office Professional). West: Platted unimproved right-of-way; further west, city limits followed by unincorporated Palm Beach County and the Quail Ridge residential golf course. PROPERTY OWNER NOTIFICATION Owners of properties within 400 feet of the subject request were mailed a notice of this request and its respective hearing dates. The applicant certifies that they posted signage and mailed notices in accordance with Ordinance No. 04-007. BACKGROUND Proposal: The proposed Shalimar at Boynton Beach development is located at the southwest corner of W. Boynton Beach Boulevard and Knuth Road. The project site is vacant and totals 12.506 acres. The parcel abuts an existing 0.67-acre platted right-of-way that is required to be abandoned prior to permitting (See Exhibit"C"-Conditions of Approval).The subject property is one of the few remaining large vacant lots within the City limits that could accommodate a large-scale mixed-use development without the need for land assemblage. The subject parcel was annexed to the City on December 18, 1990. Concurrent with approval of the annexation (Ordinance 090-61), the City Commission approved the associated Future Land Use Map Amendment and Rezoning application (Ordinances 090-69 and 090-70) to provide the parcel a Local Retail Commercial (LRC) future land use classification and Planned Commercial Development (PCD) zoning designation. The applications also included a Master Plan to construct a Planned Commercial Development consisting of 120,000 square feet of commercial space, associated parking and site improvements. However, the parcel has remained vacant. On June 15, 2021 the City Commission approved a Rezoning application (Ordinance 21-015) to amend the parcel's zoning designation from PCD (Planned Commercial Development) to SMU 2 Page 345 of 479 Shalimar at Boynton Beach (MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 3 (Suburban Mixed Use),which was intended to encourage the construction of a well-planned mixed-use development in accordance with a relatively new mixed-use zoning district.A principal purpose of this district is to allow a mix of residential and commercial uses to complement the City's commercial core, provide interconnectivity and minimized travel distances,and contribute to the vision intended for the area. The applicant is requesting approval of a Master Plan Modification (MPMD 22-001)and New Major Site Plan (NWSP 22-001),to construct a mixed-use development comprising of 250 dwelling units,two(2)retail buildings totaling 4,300 square feet, a 9,850 square foot clubhouse, and associated site improvements. ANALYSIS Traffic: A traffic study was sent to the Palm Beach County Traffic Division for review. An approval letter from the Palm Beach County Traffic Division, date stamped February 8, 2022, was provided by the applicant. The letter requested that the applicant submit a FDOT conceptual pre-approval letter for the driveway connection onto Boynton Beach Boulevard,which was also provided by the applicant. The traffic study indicates that this project is expected to generate 1,528 net daily trips, 92 net A.M. peak hour trips and 124 net P.M. peak hour trips. School: The proposed development is required to submit an approved SCAD(School Capacity Availability Determination) application to ensure the area schools have adequate capacity to accommodate the potential public-school students who will reside at the project. An approval letter from the County is required prior to permit issuance (See Exhibit "C" - Conditions of Approval). Utilities: The Utility Department has reviewed the proposed Civil Engineering plans and agrees that the City's water capacity would meet the projected potable water demand for this project. Additionally, sufficient sanitary sewer and wastewater treatment capacity is currently available to serve the project. Police/Fire: The Police Department has reviewed the site plan to ensure it meets the CPTED (Crime Prevention Through Environmental Design) standards. The review comments have been addressed by the applicant. The Fire Department will be able to provide an adequate level of service for this project with current or expected infrastructure and/or staffing levels. Further plan review by Police and Fire will occur during the building permit process. Drainage: The applicant submitted a preliminary engineering plan with conceptual drainage information for the City's review. The applicant has agreed to implement the necessary drainage solutions. The existing catch basins would be connected to the proposed off-site system. In addition, the proposed drainage manholes would be converted to catch basins, which 3 Page 346 of 479 Shalimar at Boynton Beach (MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 4 would be based on their locations vis-a-vis to the existing catch basins. (See Exhibit"C"-Conditions of Approval). The Engineering Division has found the conceptual information to be adequate and is recommending that further review of specific drainage solutions be deferred until time of permit. Access: The development has two points of ingress/egress.The main vehicular point of access is located on the north side of the project site, connecting to Boynton Beach Boulevard; the secondary point of access is located on the east side, connecting to Knuth Road. These two points of access are interconnected by a two-way drive-isle to ensure safe,adequate and efficient vehicular circulation throughout the site. The project proposes a well-defined network of pedestrian walkways that provide safe and adequate access to the residential and commercial buildings, as well as the provided amenities and rights-of-way. The project proposes a pedestrian connection to the existing public sidewalk located on the south side of Boynton Beach Boulevard — an integral pedestrian connection that provides access to the existing nearby bus stops located on the south side of the boulevard. In order to provide additional pedestrian connectivity,the Engineering Department is requiring a sidewalk along Knuth Road and connection to the eastside parking area. Parking: The standard off-street parking spaces calculation methodology for the SMU (Suburban Mixed Use) zoning district requires 1.5 parking spaces for one- bedroom dwelling units, and two (2) parking spaces for two (2) or more bedroom dwelling units. The project proposes a total of 250 dwelling units comprised of 48 one (1)-bedroom apartments, 166 two (2)-bedroom apartments and 36 three (3)-bedroom apartments. This standard methodology would require a total of 476 parking spaces for the residential component. Additionally, the code requires the provision of guest parking spaces at a rate of 0.15 spaces per unit, adding 38 more required spaces. The retail buildings require one (1) parking space per 200 square feet of gross floor area, which computes to 22 additional parking spaces based on the aggregate gross floor area of the retail spaces.The parking data included in the Site Plan and Justification Statement does not take into consideration the required parking spaces for the proposed residential recreational/amenity areas, which would include the clubhouse and pool area. Therefore, the project is also required to provide five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of the clubhouse dedicated for leasing or management uses (See Exhibit"C" - Conditions of Approval). Under this standard methodology for calculating required off-street parking spaces, the project would be required to provide 541 parking spaces, as well as additional parking spaces needed for the clubhouse. The applicant has been required to submit floor plans for the clubhouse at time of permitting in order to determine the actual number of required parking spaces needed for the office and management office spaces. The applicant has elected to take advantage of the City's Parking Relief for Sustainability provisions, which includes reduced minimum parking ratios of 1.33 parking space per dwelling unit for one-bedroom apartments, and 1.66 4 Page 347 of 479 Shalimar at Boynton Beach (MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 5 parking space per unit for two-bedroom apartments.The lower ratio results in a reduction of 76 parking spaces associated with the residential use, and the overall required minimum spaces for the project being 465. The additional parking spaces that may be needed for the clubhouse and pool area will be determined at time of permitting (See Exhibit "C" - Conditions of Approval); however, the projected surplus should be sufficient to support the minimum spaces required for the clubhouse.Also,the applicant is required to submit a parking contingency plan showing the areas on the proposed site plan where parking spaces may be added in the event that a shortage is realized subsequent to construction, and/or provide operational rules, procedures or strategies needed to off-set the realized deficiency (See Exhibit "C" - Conditions of Approval). Therefore, staff has determined that the proposed number of parking spaces would be sufficient to meet code requirements. The site plan provides a total of 535 parking spaces, including ten (10) handicap parking spaces, six (6) parking spaces supplemented with electric charging stations and 55 compact parking spaces. Landscaping: The Plant List (Sheet L1) indicates that the project would add a total of 272 trees—including 193 canopy trees—146 palm trees,8,195 shrub specimens, and 15,376 small shrubs/groundcover plants.The plant material is proposed within the required perimeter landscape buffer,within landscape islands,and along the right-of-way.All plant materials to be used in the landscape design are required to be Florida number one grade and must be identified as having "low" or "medium" watering needs in the South Florida Water Management's "Waterwise" publication. The proposed tree species would include the following: Verawood, Gumbo Limbo, Green Buttonwood, Bridalveil Tree, Japanese Fern Tree, East Palatka Holly, Queen's Crape Myrtle and Live Oak.At time of permitting, the Landscape Plan must include a minimum of 5 percent butterfly attracting shrub and trees,with a minimum of three (3) species of plant material (See Exhibit "C" - Conditions of Approval). Projects proposed in the Suburban Mixed Use (SMU) zoning district are subject to the front yard "Build-to-Line"provisions,which requires buildings to be located in close proximity to the right-of-way. However, buildings fronting a major arterial roadway (i.e. Boynton Beach Boulevard) may be setback a maximum of ninety(90)feet with the provision of a twenty-five (25)-foot wide landscape buffer,which must include a berm.The project proposes a 25-foot wide landscape buffer between the parking lot and the Boynton Beach Boulevard right-of-way, which includes the following features and plant material: 1. A 36-inch tall berm and continuous hedge positioned in the inside portion of the landscape buffer, as well as one (1) tree with a minimum spacing of thirty (30) feet on center; 2. Three (3) shrub species located on the outside portion of the landscape buffer, two (2) of which must be flowering species. Additionally,the project includes landscape buffers along the west,south and east property lines.The landscape buffers consist of canopy trees(i.e.Green Buttonwood, Live Oak, Japanese Fern Tree, Gumbo Limbo and Verawood) spaced approximately 20 feet on center, rows and staggered shrubs (i.e. 5 Page 348 of 479 Shalimar at Boynton Beach (MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 6 Podocarpus, Blue Pungabo, Dwarf Clusia, Nora Grant Ixora and Spanish Stopper) and groundcover (i.e. Jasmine Summer Sunset and Green Island Ficus).The buffer along the south property line incorporates a six(6)-foot tall black vinyl coated chain link fence. The majority of the proposed landscape islands include Live Oak trees and clustered Horizontal Cocoplum shrubs, with several smaller landscape islands consisting of East Platka Holly trees and Horizontal Cocoplum. Lastly, the foundation of each residential and commercial building is softened with Iandcape primarily consisting of a mix of closely spaced palm trees(Solitaire Palm, Montgomery Palm),shrubs(Small leaf Clusia) and groundcover (Green Island Ficus and Blueberry Flax Lily). Building and Site: The project site consist of a single undeveloped parcel—totaling 12.18 acres abutting W. Boynton Beach Boulevard to the north and Knuth Road to the east. The parcel is adjacent to an existing outpacel that is currently develeoped with a gas station. Also, the parcel is adjacent to an existing, unimproved 30-foot wide right-of-way extending along the entire western boundary of the project. Staff recommends that the unimproved right-of-way be abandoned prior to approval of any permit associated with this project (See Exhibit "C" - Conditions of Approval). The residential component of the project includes ten (10) residential apartment buildings consisting of one (1), two (2) and three (3) bedroom apartments. The taller four (4)-story apartment buildings are located away from the west and south property lines. A lake is proposed at the center of the site, which will include a boardwalk. The commercial component of the mixed use project consists of a 9,850 square foot clubhouse and two (2), 2,150 square foot retail buildings fronting W. Boynton Beach Boulevard. Relative to the floor area ratio (FAR) standards within the code, the Suburban Mixed Use (SMU)zoning district has a maximum allowable FAR of 2.5; the project propoes 0.01. The District also has a maximum allowable density of 20 dwelling units per acre. This requirement limits the project to 250 dwelling units, which is precisely the proposed amount of units. Building Height: The maximum building height allowed in the SMU (Suburban Mixed Use) zoning district is 55 feet. The project propoes various types of residential and commercial buildings, with the tallest building proposed at 38 feet in height—which computes to 17 feet below the maximum allowable height. Setbacks: The SMU (Suburban Mixed Use)zoning district requires no building setbacks from the right-of-way, but rather a 0-90 foot build-to line. Therefore,the retail buildings are proposed at a distance of 90 feet from the W. Boynton Beach Boulevard right-of-way, which is needed to accommodate the required parking and landscape buffer.The buildings are also setback approximately 95 feet from the center line of the abutting right-of-way, 85.5 feet from the south side property line, 79 feet from the easternmost property line, and 77 feet from the eastern property line abutting the gas station out parcel. The proposed setbacks conform to the District's setback requirements. Amenities: The project proposes several amenities for the use of residents,visitors and 6 Page 349 of 479 Shalimar at Boynton Beach (MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 7 patrons. A pathway — enhanced with seating, trash receptacles and landscape — is proposed around the lake. The pathway is connected to several amenities (i.e. dog walk, tot-lot, garden and other play areas). The project also includes a fenced dog park on the south side of the site, between Buildings No. 6 and No. 7. The clubhouse includes a pool area with several barbecue grills. Ten (10) Covered bike rack stations are proposed througout the site, near the building entrances. Lastly, public outdoor seating areas have been incorporated between the retail buildings and clubhouse. Design: The intended architectural style for the project is Floribbean, which is an interpretation of Old Florida Style architecture.This architectural style creates a sense of identity for the area as it utilizes Florida Vernacular design elements and materials. The project features ample horizontal and vertical fagade articulation and cool, light colors. The residential and commercial buildings include an extensive use of complementary architectural treatments and finishes.The proposed facades are highly articulated with the use of vertically oriented windows and doors, which are decorated with light blue (SW 7601 —Dockside Blue) shutters and metal awnings.The building walls include horizontal siding (SW 6231 —Rock Candy) and white smooth stucco (SW 7005 - Pure White). Additionally, the roof lines consist of multiple pitched, metal roofs with varying heights. Additionally, the balconies are enhanced with ornamental railings. Sustainability: Mixed use developments consisting of more than 50 dwelling units must provide the required sustainable options (outdoor lighting, butterfly attracting landscape material, electric charging stations and white roof), and achieve a minimum of 25 sustainability points. The development proposes to exceed the requirement by providing the following: SUSTAINABLE DEVELOPMENT STANDARDS POINTS ENERGY Efficient Cooling - All air conditioners are Energy Star 2 qualified. Minimum SEER 16. Efficient Water Heating - At least 75% of hot water on premises is heated via Energy Star Certified water heaters or 2 solar water heaters. Cool Roof- Use roofing materials that have a Solar Reflective Index (SRI) 75 for low-sloped roofs (<2:12) or 25 for steep- 2 -sloped roofs >2:12 for a minimum of 75% of the roof surface. Building Color— Utilization of white or cool light colors for the body of buildings to reflect rather than absorb heat and reduce 2 cooling costs. Accent and trim colors are not limited to these choices. Shade Structures—Where provisions of shade structures are not required per code: Structures such as awnings, screens, 4 louvers, or other architectural devices shall cover a minimum of 50% of glazed openings. Lighting — Provide energy efficient lighting such as LED 1 lighting for building interiors for 100% of proposed lighting. 7 Page 350 of 479 Shalimar at Boynton Beach (MPMD 22-001&NWSP 22-001) Memorandum No PZ 22-010 Page 8 Energy star appliances — All appliance with in a building are 2 100% energy star. Recycle Station/Dumpster Area — Recycle chute(s) in mixed 1 use districts and dum ster, which include a recycle station. Rain Water Reuse —At least 75% of rain water from the roofs 4 of structures is captured and recycled for landscape irrigation. Nature Path or Trail—Public pedestrian and/or bicycle access to natural elements is provided by a bike or pedestrian path or trail that is at least '/4 mile long and does not intrude on or unduly harm existing natural features. 1 Public pedestrian and/or bicycle access to natural elements is provided by a bike or pedestrian path or trail that is at least 1/2 mile long and does not intrude on or unduly harm existing natural features. Minimum Open Space — Provision of usable common open space in excess of code requirements by up to 20%. The 4 designed space shall not have any dimension less than seventy-five 75 feet. Electric Charging Stations—Provide four(4)over the required 4 number of electric car charging stations. Total Points 29 Lighting: The photometric plan (EPH-1) includes 86 freestanding pole light fixtures, with pole height of 20 feet. It also includes 4 light fixtures mounted to the building walls. The City's Land Development Regulations limits the lighting levels to a maximum of 5.9 foot-candles. The Site Photometric Plan depicts lighting levels below the above-mentioned foot-candles limit. Signage: Site and building signage have not been finalized and a Sign Program must be approved prior to requesting any sign permits for the site (see Exhibit"C" — Conditions of Approval). Public Art: The applicant is in communication with the Public Arts Manager regarding the applicable Public Arts requirements, which shall be met prior to permitting. RECOMMENDATION Staff has reviewed this request for a New Site Plan 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. 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H u, wVf,Ctt""a, w .�'t ` a"?J0S3Hb'1Q0CAVV0•, ofVOINMA 'Hw3a No1NAo9 NNb b; Jc, �a a3�d�o, JNs os S1�31I H:DdV �,VIl N3aIS3a Al N aoj 2 Q IR 5680'OJtlV v�iQ II lt/?Jt/WIIHHS VSA AIR H� s ILn — , 1 � o h o u MEN 4&e ga Ol r � has 11, x try pf n � m �= o� E3 7 FIT ;tom �I 1 z u F U: LJ W Liz _ I O u U, U G U �zRE EXHIBIT "C" Conditions of Approval Project Name: Shalimar at Boynton Beach File number: MPMD 22-001 / NWSP 22-001 Reference: 2nd review plans identified as a Master Plan Modification and New Site Plan with a February 10, 2022 Planning and Zoning Department date stamp marking. DEPARTMENTS INCLUDE REJECT ENGINEERING / PUBLIC WORKS / FORESTRY/ UTILITIES Comments: 1. At time of permitting, revise the plans to include the required sidewalk along Knuth Road and pedestrian connection to the X parking area. 2. The sizing of the off-site drainage system shall take into consideration the runoff from Knuth Road. The existing catch basins shall be connected to the proposed off-site system. Also, the proposed drainage manholes shall be converted to catch X basins, based on their locations vis-a-vis to the existing catch basins. 3. At time of permitting, an executed Developer's Agreement with the City shall be in place for the off-site improvements, which the City will share the cost, based on the upsizing of the storm pipe X on Knuth Road. FIRE Comments: 4. Provide turning radius of 25 feet inside and 55 feet outside on the plan for verification in accordance with our largest apparatus X 2018 edition of NFPA 1 18.2.3.5.3 turning radius. 5. Fire department access roads shall have a minimum 20 feet of unobstructed width. (NFPA 1:18.2.3.5.1.1) front entrance out is X 15 feet, existing access road. 6. Access box switches will be required at all gates 1:18.2.2.1. X POLICE Comments: None, all previous comments addressed at DART meeting. BUILDING DIVISION Comments: None, all previous comments addressed at DART meeting. Page 368 of 479 Shalimar at Boynton Beach (MPMD 22-001 /NWSP 22-001) Conditions of Approval Page 2 of 3 DEPARTMENTS INCLUDE REJECT PARKS AND RECREATION Comments: 7. The applicable park impact fees ($148,750) is due at time of X permitting. PLANNING AND ZONING Comments. 8. Per the City's Land Development Regulations, residential recreational/ amenity areas require five (5) parking spaces, plus one (1) additional space per three hundred (300) square feet of gross floor area of office use for leasing or management purposes located in recreation buildings or separate structures X (Ch. 4, Art. V, Sec. 2.D.). At time of permitting, revise the parking calculations on the Site Plan (SP-1), Justification Statement and Reduced Parking Statement, to include the additional required parking spaces for the clubhouse. 9. An approved SCAD (School Capacity Availability Determination) application is required. Please submit a letter of approval from X Palm Beach County at time of permitting. 10. Prior to permitting, the applicant is required to initiate a Vacation and Abandonment Application for the abandonment of the platted X right-of-way running along the west property line. 11. At time of permitting, submit floor plans for the retail and club house buildings. Ensure, the floor plans for the clubhouse clearly depict the spaces dedicated to leasing and/ or management X activities. 12. The project includes a request for Parking Reduction for Sustainability. At time of permitting, revise the parking ratios on the documents and drawings to be consistent with the reduced parking ratios permitted for one (1) bedroom apartments (1.33 X space per D.U.) and two (2) bedroom apartments (1.66 space per D.U.), as indicated on the Parking Reduction for Sustainability code section (Ch. 4, Art. V, Sec. 3.G.). 13. Prior to permitting, submit a parking contingency plan showing the areas on the proposed site plan where parking spaces may be added in the event that a shortage is realized subsequent to X construction, and/ or provide operational rules, procedures or strategies needed to off-set the realized deficiency. 14. The parking deficiency indicated on the Reduced Parking Statement is inconsistent with the parking deficiency shown on X the Site Plan (SP-1). At time of permitting, ensure the information Page 369 of 479 Shalimar at Boynton Beach (MPMD 22-001 /NWSP 22-001) Conditions of Approval Page 3 of 3 DEPARTMENTS INCLUDE REJECT on both documents matches. 15. The Landscape Plan (L-7) shows that the walkway located on the east side of the northern entry drive would be obstructed by the proposed landscape strip running along the north property line. Correct the drawing to show the walkway connecting to the X sidewalk along Boynton Beach Boulevard and clear of obstructions. 16. An approved Sign Program will be required prior to issuance of any sign permits for the project. Submit a Sign Program application to the Planning and Zoning Division for review and X approval. 17. Two (2) percent of the parking shall consist of handicap accessible parking spaces. The Site Plan (SP-1) depicts a total of ten (10) accessible handicap spaces. At time of permitting, X provide an additional handicap parking space. 18. Per the Parking Reduction for Sustainability provisions, a maximum of 10 percent of the required parking spaces may consist of compact parking spaces. Provide revised parking X calculations and/or revised parking plan. 19. Replace the parking lot wheel stops with 2-foot wide overhangs. X COMMUNITY REDEVELOPMENT AGENCY Comments: N/A PLANNING & DEVELOPMENT BOARD CONDITIONS Comments: None. CITY COMMISSION CONDITIONS Comments: To be determined. S:\Planning\SHARED\WP\PROJECTS\Knuth Rd(aka Shalamar)\Shalimar MPMD 22-001 &NWSP 22-001\MPMD 22-001 NWSP 22-001 COA-Post CC.doc Page 370 of 479 SIMMONS & WHITE » 2581 Metrocentre Boulevard West Suite 3 West Palm Beach, Florida 33407 SI.t M NS '�, ,,�, Y Y HI 1 E 0 561.478.7848 1 F 561.478.3738 www.simmonsandwhite.com ENGINEERING ( PLANNING I CONSULTING I SINCE 1982 AO's, REDUCED PARKING STATEMENT SHALIMAR AT BOYNTON BEACH CITY OF BOYNTON BEACH, FLORIDA d � � Prepared for: No.MOM TM Residential, LLC 2601 South Bashore Drive '> `ke' 1P; �< Suite 1460 y Coconut Creek, Florida 33133 Job No. 21-080 Bryan G. Kelley, P.E. Date: February 8, 2022 FL Registration No. 74006 Page 371 of 479 TABLE OF CONTENTS 1.0 SITE DATA................................................................................................................................... 2 2.0 CODE REQUIRED PARKING................................................................................................... 2 3.0 PARKING REDUCTION............................................................................................................. 3 4.0 CONCLUSION............................................................................................................................. 4 Page 372 of 479 Shalimar at Boynton Beach Job No. 21-080 Page 12 1.0 SITE DATA The subject parcel is located in the southwest corner of Boynton Beach Boulevard and Knuth Road in the City of Boynton Beach, Florida and contains approximately 12.506 acres. The Property Control Number (PCN) for the subject parcel is 08-43-45-30-24-000-0020. The proposed plan of development is to consist of 250 multifamily dwelling units and 4,300 S.F. of retail with a build-out year of 2026. Site access is proposed via a right in, right out only driveway connection to Boynton Beach Boulevard and a full access driveway connection to Knuth Road. The access on Knuth Road will be exclusively for the multifamily development. The driveway connection on Boynton Beach Boulevard will be for the retail component of the project but residents will be able to exit but not enter from this location. For additional information concerning site location and layout, refer to the Site Plan prepared by MSA Architects. 2.0 CODE REQUIRED PARKING For retail and multi-family residential developments, the City of Boynton Beach Code of Ordinances requires five (5) spaces per 1,000 S.F. of retail, one and a half (1.5) parking spaces per one bedroom dwelling untis, two (2) spaces per two and three bedroom dwelling units, and 0.15 spaces per overall dwelling units for guests. Based on a plan of development consisting of 250 multifamily dwelling units and 4,300 S.F. of retail, the total Code required parking for the proposed development is 536 spaces calculated as follows: 48 One Bedrooms x 1.5 Spaces per D.U. = 72 Spaces 166 Two Bedrooms x 2 Spaces per D.U. = 332 Spaces 36 Three Bedrooms x 2 Spaces per D.U. = 72 Spaces 250 Visitor Spaces x 0.15 Spaces per D.U. = 38 Spaces RESIDENTIAL TOTAL = 514 Spaces 1 Space per 200 S.F. Retail = 22 Spaces (4,300 S.F.) TOTAL= 536 Spaces City Land Development Regulations Chapter 4 Article V Section 3 allows for reductions in off-street parking for sustainability provided that certain requirements are met. The requirements outlined in the City Code include the following provisions: Page 373 of 479 Shalimar at Boynton Beach Job No. 21-080 Page 13 1. Project must be located within one-half (1/2) mile from a reginal transportation facility or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility. 2. A parking study prepared by a professional engineer providing evidence the reduced parking would not adversely affect the property in any way. 3. Additional sustainability requirements outlined in Section 3.G.2.a through Section 3.G.2.p. This traffic study will address Items 1 and 2 above and Item 3 will be detailed in a separate document. As shown in Figure 1 attached to this report, a bus stop is located just west of the project's property line. Figure 2 shows Palm Tran Route #73 connecting the site to the Boynton Beach Tri-Rail station which can be considered a regional transportation facility. Therefore, the project meets the criteria of Item 1 above. 3.0 PARKING REDUCTION Given the nature of the proposed development and the location, actual parking demands are anticipated to be significantly less than the City of Boynton Beach Boulevard Code requirements. As shown on the proposed Site Plan, a total of 498 parking spaces (1.99 spaces per DU) are provided just for the residential area inside the gates. A total of 534 parking spaces are provided overall for the proposed development, a deficit of 2 spaces from the parking code. The ITE Parking Generation Manual (5th Edition) states that the average peak parking demand for multi-family apartment units (Land Use #221) is 1.31 parking spaces per unit and the 85th percentile parking demand is 1.47 spaces per dwelling unit. Therefore, the anticipated average parking demand for the proposed 250 dwelling units is 328 parking spaces and the 85th percentile parking demand is 368 parking spaces. The proposed 498 residential parking spaces will be 130 spaces greater than the conservative 85th percentile calculation and will be sufficient for the proposed development. Additionally, the ITE parking demand rates are consistent with data collected by our office on other multifamily projects. The sustainability reduction in the City Code allows the project to reduce the base parking rates to 1.33 spaces per one (1) bedroom dwelling units and 1.66 spaces for two (2) or more bedroom dwelling units. However, the applicant is only proposing a reduction of 2 spaces. Page 374 of 479 Shalimar at Boynton Beach Job No. 21-080 Page 14 4.0 CONCLUSION As previously stated, there are a total of 534 (498 residential) parking spaces provided on-site which equates to a parking ratio of 1.99 spaces per unit which exceeds the ITE Parking Generation 50th and 85th percentile rates and will result in a surplus of 130 parking spaces. Additionally, the project is located within close proximity to Palm Tran Route #73 that connects to the Boynton Beach Tri- Rail station. Based on the documented data and the reduction of only 2 parking spaces from the Code requirements, the proposed parking is anticipated to be sufficient and not have any detrimental impact to the site or the surrounding community. bk: v/docs/trafficdra inage/sps.21080 Page 375 of 479 t I {l { t. y I � i � �s } a ii ti 'IT �4! 4- 0 -0 1111:100i 1 i a s i 1{ to I t st, Y,t , CO r � J Q O , s 00 i O CO CO a..r aA LL (A a 5 µ a Mlt 4 ati 1�tt �J m C�� 11E. 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Al 9W fo �.PalmTran Imtran.org Public Transportation www.palmtran.org Multifamily Housing (Mid-Rise) (22 1) Peak Period Parking Demand vs: Dwelling Units On a: Weekday(Monday-Friday) Setting/Location: General Urban/Suburban(no nearby rail transit) Peak Period of Parking Demand: 10:00 p.m. -5:00 a.m. Number of Studies: 73 Avg. Num. of Dwelling Units: 261 Peak Period Parking Demand per Dwelling Unit 33rd/85th 95%Confidence Standard Deviation Average Rate Range of Rates Percentile Interval (Coeff. of Variation) 1.31 0.75-2.03 1.13 1 1.47 1.26-1.36 0.22 (17%) Data Plot and Equation x 1,500 X A2 > 1,000 ami X X -X_ X X, � -x 500 x Xf X x N� x 11Y�< X 0[ X, 0 200 400 600 800 1,000 1,200 X=Number of Dwelling Units X Study Site - Fitted Curve - - - - Average Rate Fitted Curve Equation:P=1.34(X)-8.73 W--0.97 Parking Generation Manual, 5th Edition o Institute of Transportation Engineers Page 380 of 479 DUNAY Giry Dunay Dwayne Dickerson Lauren G,Odom Bonnie,M isket E€ Zac(ar is es Nicole jaeger MISKEL„ - Scott Backrnari Matthew H cote Rachael Burort Patnrer Eric coffr in Mathew Kwavrian BACKMAN _fP Hope Calhoun thru,tiisBitenki Shalimar at Boynton Beach Statement of Use and Justification for Master Plan and Site Plan Southwest Corner of Boynton Beach Boulevard and Knuth Road Knuth Road Trust ("Petitioner") is the owner of the 12.506-acre parcel ("Property") referenced by Parcel Control Number 08-43-45-30-24-000-0020,which is generally located at the southwest corner of Boynton Beach Boulevard and Knuth Road within the City of Boynton Beach ("City") in Palm Beach County ("County"), Florida. The Property was originally designated LRC, Local Retail Commercial, on the City's Future Land Use Map ("FLUM") pursuant to Ordinance 89-38 and was located within the PCD, Planned Commercial Development,zoning district pursuant to Ordinance 02-013. On June 15, 2021 the City adopted Ordinance 21-014 to amend the Property's future land use designation from LRC to MXL, Mixed-Use Low, and Ordinance 21-015 to amend the Property's zoning from PCD to SMU, Suburban Mixed Use. Copies of the referenced ordinances are attached hereto as Exhibit "A". Petitioner intends to develop the Property as a mixed-use residential and commercial development inclusive of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and 535 off-street parking spaces ("Project"). In order to develop the Property as intended, Petitioner must obtain Master Plan and Site Plan approval. In support of the Master Plan and Site Plan, Petitioner will demonstrate compliance with Chapter 3, Article III, Section 4, SMU Zoning District Regulations, and Chapter 3, Article III, Section 4.D., Site Development Standards, of the City's Land Development Regulations("LDR"). Petitionerwill also incorporate sufficient design options from Chapter 4, Article XIII, Sustainable Development Options and Points. Chapter 3, Article III, Section 4—SMU Zoning District Regulations: 1. General Response: The purpose of the SMU zoning district is to implement the mixed use low (MXL) and development of regional impact (DRI) future land use map (FLUM) classifications of the Comprehensive Plan. In order to guide the redevelopment and envisioned growth of the suburban area, the SMU zoning district requires a diversity of land uses, accommodating a mixture of residential, office, retail, recreational, and other miscellaneous uses. The Project offers a mix of mid-rise multi-family residential units and commercial retail that is consistent with the intent of the MXL land use category. The Project also supports development and redevelopment efforts along Boynton Beach Boulevard which is a major thoroughfare in the City. Page 381 of 479 TM Residential Project Narrative 2. Use(s) Allowed. Response:As mentioned,the two uses that are proposed with the Project are multi-family residential and retail, as well as significant lifestyle and recreational amenities for the residents and visitors of the Project. Per Table 3-28, Use Table Matrix, multi-family residential is a permitted use in the SMU zoning district. The specific type of retail designated for the commercial buildings has not been confirmed at this time. However, the Use Table Matrix permits most commercial retail uses in the SMU zoning district and the ultimate use will comply with the City Code. 3. Building and Site Regulations. Response:The Project complies with the building and site regulations forthe SMU district. Specifically, the Project complies with the minimum lot area, minimum lot frontage, minimum setbacks, maximum lot coverage, maximum Floor Area Ratio (FAR), maximum structure height, and minimum open space as depicted on the site plan (SP-1). 4. Parking. Response: Pursuant to the minimum off-street parking standards in Article V, Section 2, the Project is required to provide a minimum of 536 off-street parking spaces. The Project currently exceeds the minimum off-street parking requirement by 1 space, as a total of 537 off-street parking spaces are proposed. 5. Exterior Storage of Merchandise and Equipment. Response: The Project will not have exterior storage of merchandise or equipment. LDR Chapter 4—Site Development Standards The Project complies with the site development standards set forth in LDR Chapter 4. The standards address environmental protection, landscape design and buffers, exterior building and site design, signage, off-street parking, parking and loading standards, exterior lighting, utility and infrastructure design, building, construction, and historic preservation, flood prevention, excavation and fill regulations, fertilizer use, and sustainable development standards. A tabular summary of the building area, density, height, unit mix, and parking is provided on the site plan (SP-1) and is provided below: SITE INFORMATION SITE AREA 544,777.7 square feet 12.506 acres FUTURE LAND USE MXL Max. 20 DU/Acre = 250 DU ZONING SMU DENSITY 250 DU 20 DU/Acre TYPE OF USE Multifamily Residential, Retail, and Residential Amenities Page 2 of 8 Page 382 of 479 TM Residential Project Narrative Off-Street Parking Required Residential #of units or SF #Spaces 1BD @ 1,5 sp/du 48 units 72 sp 2811 @ 2 sp/du 166 units 332 sp 3BD @ 2 5p/du 36 units 72 sp Visitor @ AS sp/du 250 units 38 sp Sub-Total 514 sp Retail @ 5sp/1000 sf 4,300 sf 22 sp Grand Total 536 sp Provided Standard Compact HC Surf-ace 394 sp 55 sp 10 sp Garage 37 sp 1 s Tandem 38 sp so Sub-Total 469 sp 55 sp 11 SP Total Provided 535 sp 17�p,o,idedAVA spaces meet ADA Standards Jor Accessible Design 4,1 REGULATORY GUIDELINES Building Height Allowed Provided Club House/Retail-(12'-6"-1 story) As measuredfrom grade to 55'max. Type I/IH-(2&'-6"-3 story) parapet Type IF(38'-0"-4 story) Type 111-(28'-6"-3 story) Building Setbacks Allowed Provided Side(East) 101-01, 56'-10"(to I story MaInt,Room) Side interior(North) 101-01, 82�-5" Side interior(East) 101_01' 77'-10" Height Setback Envelope(Based on Bldg.Height) Rear(South) To 3 Story Bldg. 85'-6" 85'-6" Interior Side,(West) To 3 Story Bldg. 85%6H 951-81, Build-to line Front(North) go, a" :J 90141 Lot Coverage Provided % Area Residential 95,094 sf Clubhouse 4,925 sf Retail 4,300 sf Total 19% 104,319 sf FAR Retail FAR 0,0079 Useable Open Space Required Min. Provided Multifamily Use 20%(108,956 sf) 20.27%(110,410 sf) Note: Calc based on Site Area Page 3 of 8 Page 383 of 479 TM Residential Project Narrative In addition,the Project provides adequate room for emergency access as shown on the Fire Truck Autoturn Analysis. Bike and pedestrian access into the Project are proposed from Boynton Beach Boulevard. There are also bike and pedestrian paths that connect each residential building to a scenic path around the lake, central to the Property. Chapter 4, Article XIII, Sustainable Development Options and Points The Project exceeds the minimum required Sustainable Development Options and Points as follows: SUSTAINABILITY POINTS Efficient Cooling 2 Efficient Water Heating 2 Cool Roof 2 Building Color 2 Shade Structures for Buildings 4 Lighting 1 Energy Star Appliances 2 Recycle Station/Dumpster Area 1 Rain Water Reuse 4 Nature Path or Trail 1 Minimum Open Space 4 Electric Charging Stations 4 TOTAL 29 As noted above, the Project is designed to provide one (1) parking space less than is required by the LDRs, which is allowable through a Special Reduction for Off-Street Parking for Sustainable in accordance with Chapter 4,Article V, Section 3.G.2 of the City's LDRs. Petitioner will demonstrate below that the Project is eligible for this reduction and meets the development requirements. A Parking Demand Study is also included with this application in support of the requested parking reduction. 1. Applicability a. Eligible developments must be able to provide sustainable design and operation, and, except where noted below, must be located within one-half (1/2) mile from a regional transportation facility (e.g. Transit Area), or within five hundred (500) feet of a bus stop with direct access to a regional transportation facility, measured from property line to property line. Response: The Property is +/- 50 feet east of the nearest bus stop, commonly referred to as Boynton Beach Boulevard at Quail Covey Road for Palm Tran Route #73. The Property has direct access to the bus stop via the public sidewalk to the north. The Palm Tran Route #73 connects the Property to the Boynton Beach Rri- Page 4 of 8 Page 384 of 479 TM Residential Project Narrative Rail Station, which is a regional transportation facility. As such, the Project is eligible for a special reduction in parking for sustainability. 2. Development Requirements a. Describe, in quantifiable terms, how the project provides an increase in green space (pervious area)which otherwise would be paved for parking spaces,or how the proposed project provides a lower urban heat island effect if the proposed development is an urban infill or redevelopment project. At minimum, the elements to be included for compliance are all building roofs, parking and other hard surfaces, and tree canopies. Response:The Project is designed to provide 1,454 square feet more usable open space than is required by code. Additionally, the colors of the building are light, heat reflecting colors that will result in a reduced cooling cost for the building. As such, the Project complies with this criterion. b. Accommodate fuel efficient vehicles through provision of covered and well- illuminated locations with apparatus for parking and locking of bikes and low- powered mopeds and scooters, and designated spaces for motorcycles and compact vehicles. Covered storage facilities shall be located on the project site in close proximity to the destination of the residents, employees, or visitors. Response: Convenient and well-lit locations for bicycle parking are provided in close proximity to each building. In addition, compact vehicle parking is provided in strategic designated locations throughout the Project. As such, the Project complies with this criterion. c. No more than three percent (3%) of the required parking spaces are represented by spaces dedicated to motorcycles, which should be covered as an incentive for use. Response: The Project does not propose motorcycle parking spaces. A such, the Project complies with this criterion. d. No more than ten percent (10%) of the required parking spaces are represented by spaces dedicated to compact vehicles and disbursed throughout the project to maximize accessibility and convenience. Response: The Project is designed to provide a maximum of ten percent (10%) of the required parking spaces as compact vehicle spaces dispersed throughout the Project to ensure accessibility and convenience.As such,the Project complies with this criterion. Page 5 of 8 Page 385 of 479 TM Residential Project Narrative e. Provide efficiency in parking design including consideration for space-conserving tandem spaces when functionally feasible. Response: The Project incorporates efficient parking design by providing 38 tandem parking spaces dispersed between seven (7) of the residential buildings. f. Provide vehicle charging stations and dedicated spaces for at minimum Level 2 charging power (one (1) per fifty (50) dwelling units and one (1) per every fifty thousand (50,000) square feet for non-residential developments in excess of seventy-five thousand (75,000) square feet). Response: The Project is designed to provide six (6) vehicle charging spaces for 250 dwelling units. As such, the Project complies with this criterion. g. Design for maximized pedestrian interconnectivity for internal circulation and efficient ingress and egress minimizing travel distance for pedestrians and bike/moped/scooter riders. Response: The Project is designed for maximized pedestrian connectivity. Each residential building has direct access to the parking area. A convenient connection is provided to the existing pedestrian network on Boynton Beach Boulevard,which provides safe and efficient connections to the east and west. Additionally, a pedestrian and bike path connect each residentiazl building to the central scenic path around the lake. As such, the Project complies with this criterion. h. Include a parking contingency plan to show areas on the proposed site plan where parking spaces may be added in the event that a shortage is subsequently realized for average daily parking demand. If such future spaces do not equal or exceed the total deficiency determined by the standard parking requirements for the use, provide operational rules, procedures or strategies at time of site plan approval to off-set the realized deficiency. Response: This request entails reduction of only one (1) parking space. There are opportunities to modify the dumpster pick up spaces and/or the maintenance building in the future should an additional parking space be needed to serve the Project. As detailed in the Parking Demand Study, the parking is anticipated to be more than sufficient to meet the demands of the Project. As such, the Project complies with this criterion. L Facilitate a ride-sharing/car pool program by screening, recording and maintaining participants' travel destination information, schedules and routes for controlled access by residents and employees. Page 6 of 8 Page 386 of 479 TM Residential Project Narrative Response: The property management will facilitate a ride-sharing/car pool program in the clubhouse to promote these options for residents and employees. As such, the Project complies with this criterion. j. Maintain bus and train schedules in the management office, accessible to residents and employees. The management shall designate employees who will maintain and distribute schedule and route information enabling them to advise residents and employees as necessary. Response: The property management company will maintain bus and train schedules in the management office within the clubhouse that will be accessible to residents and employees. Employees will be designated to maintain and distribute schedule and route information to residents and employees as needed. As such, the Project complies with this criterion. k. Consider a shuttle service/program providing transportation to the nearest transit facility, whether as an incentive or fee-based. Residents should be polled for interest. Response:The Project is located immediately adjacent to a mass transit stop with a direct connection to the nearest transit facility. As such, no shuttle is necessary. As such, the Project complies with this criterion. I. Include marketing goals and practices targeting residents who work atypical shifts, including incentives for those in fields such as law enforcement, medical, security, etc. Response: The property management will include marketing goals targeting residents who work atypical shifts such as those in fields such as law enforcement, medical, and security personnel. As such, the Project complies with this criterion. m. Provide the following information to residents at time of lease, and post it on a permanent sign visible from a common location and at entry to the management office: "This development offers sustainable living (or working) environment that facilitates a reduction in required parking spaces while accommodating bikes, low-powered mopeds and scooters, motorcycles, compact vehicles and electric vehicles. Contact the management for further information" Response: The referenced sign and tenant information sheet will be provided. As such, the Project complies with this criterion. n. Establish and implement operational rules that regulate the maximum number of vehicles per unit, provide incentives for minimizing total vehicles and maximizing compact and electric vehicles, and restrict where lesser used vehicles such as Page 7 of 8 Page 387 of 479 TM Residential Project Narrative recreational, work, or utility vehicles and equipment can be parked or stored. Incentives shall be provided for single vehicle households or to those regularly using or dependent on public transportation. Response: Appropriate operational rules regulating the maximum number of vehicles per unit and incentivizing a minimization of total vehicle will be established by the property management. As such, the Project complies with this criterion. o. Implement an operational rule prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the project. Response: An operation rule will be established and implemented prohibiting operators, residents, employees, visitors, etc. from using any parking space, including interior garage spaces, for any purpose other than for the temporary parking of vehicles as intended and designed for the Project. As such, the Project complies with this criterion. p. Consent to providing a report containing evidence of continued compliance with the requirements herein upon request by the city. Response: Petitioner consents to providing a report containing evidence of the continued compliance with the requirements herein upon request by the City. As such, the Project complies with this criterion. In accordance with the foregoing, Petitioner respectfully requests approval for the requested Master Plan, Site Plan, and special reduction in parking for sustainability. Page 8 of 8 Page 388 of 479 Exhibit"A" Prior Approvals Page 389 of 479 1 ORDINANCE NO. 21-014 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 89-38 BY AMENDING THE FUTURE 5 LAND USE ELEMENT OF THE COMPREHENSIVE PLAN FOR 6 PROPERTY COMMONLY KNOWN AS KNUTH ROAD AND 7 DESCRIBED HEREIN, CHANGING THE LAND USE 8 DESIGNATION FROM LOCAL RETAIL COMMERCIAL (LRC) TO 9 MIXED-USE LOW (MXL); PROVIDING FOR CONFLICTS, 10 SEVERABILITY,AND AN EFFECTIVE DATE. 11 12 WHEREAS, the City Commission of the City of Boynton Beach, Florida has 13 adopted a City of Boynton Beach Comprehensive Plan and as part of said Plan a Future Land 14 Use Element pursuant to Ordinance No. 89-38 and in accordance with the Local Government 15 Comprehensive Planning Act; and 16 WHEREAS, the procedure for amendment of a Future Land Use Element of a 17 Comprehensive Plan as set forth in Chapter 163, Florida Statutes, has been followed; and 18 WHEREAS, after two (2) public hearings the City Commission acting in its dual 19 capacity as Local Planning Agency and City Commission finds that the amendment 20 hereinafter set forth is consistent with the City's adopted Comprehensive Plan and deems it 21 in the best interest of the inhabitants of said City to amend the Future Land Use Element 22 (designation)of the Comprehensive Plan as hereinafter provided. 23 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 24 CITY OF BOYNTON BEACH,FLORIDA, THAT: 25 Section 1: The foregoing WHEREAS clauses are true and correct and incorporated 26 herein by this reference. 27 Section 2: Ordinance No. 89-38 of the City is hereby amended to reflect that the 28 Future Land Use of the following described land: 29 ALL OF TRACTS 9 AND 10 LYING SOUTH OF NEW BOYNTON ROAD 30 (STATE ROAD NO. 804) AND TRACTS 23 AND 24, PALM BEACH 31 FARMS COMPANY PLAT NO. 8,ACCORDING TO THE PLAT THEREOF 32 RECORDED IN PLAT BOOK 5 AT PAGE 73 OF THE PUBLIC RECORDS 33 OF PALM BEACH COUNTY, FLORIDA, LESS THE EAST 15.0 FEET 34 THEREOF, and 35 LESS THAT PART OF LOTS C, D AND E TRACT 9, THE PALM BEACH 36 FARMS CO. PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, 37 RANGE 43 EAST,PALM BEACH COUNTY, FLORIDA,ACCORDING TO 38 THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 73 OF THE SACA\Ordinances\Planning\Land Use\Knuth Road LUA-Ordinance(Second Reading).Docx Page 390 of 479 39 PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,DESCRIBED 40 AS FOLLOWS: COMMENCE AT THE POINT OF INTERSECTION OF 41 THE EAST LINE OF SAID TRACT 9 WITH THE SOUTH RIGHT OF WAY 42 LINE FOR STATE ROAD 804,AS SAID SOUTH RIGHT OF WAY LINE IS 43 SHOWN IN ROAD PLAT BOOK 2,PAGE 219 OF THE PUBLIC RECORDS 44 OF PALM BEACH COUNTY, FLORIDA; THENCE S.88°28'40"W., 45 ALONG SAID RIGHT OF WAY LINE, 15.01 FEET TO THE POINT OF 46 BEGINNING; THENCE CONTINUE S.88°28'40"W., ALONG SAID 47 SOUTH RIGHT OF WAY LINE, 185.07 FEET; THENCE S.0°00'00"E., 48 264.00 FEET; THENCE N.90°00'00"E., 185.00 FEET TO A LINE 15 FEET 49 EAST OF AND PARALLEL WITH THE SAID EAST LINE OF TRACT 9; 50 THENCE N.0000'00"E.,ALONG SAID PARALLEL LINE, 268.92 FEET TO 51 THE SAID POINT OF BEGINNING,CONTAINING 49,295 SQUARE FEET 52 OR 1.1317 ACRES MORE OR LESS. 53 54 is amended from Local Retail Commercial (LRC) to Mixed-Use Low(MXL). 55 Section 3: This Ordinance shall take effect on adoption, subject to the review, challenge, 56 or appeal provisions provided by the Florida Local Government Comprehensive Planning and 57 Land Development Regulation Act. No party shall be vested of any right by virtue of the 58 adoption of this Ordinance until all statutory required review is complete and all legal challenges, 59 including appeals, are exhausted. In the event that the effective date is established by state law 60 or special act, the provisions of state act shall control. 61 FIRST READING this 20th day of April, 2021. 62 SECOND,FINAL READING and PASSAGE this 15th day of June, 2021. 63 CITY OF BOYNTON BEACH,FLORIDA 64 YES NO 65 66 Mayor— Steven B. Grant 67 68 Vice Mayor—Woodrow L. Hay 69 70 Commissioner—Justin Katz 71 72 Commissioner—Christina L. Romelus ................... 73 74 Commissioner—Ty Penserga 75 76 VOTE 77 SACA\Ordinanccs\P1anning\Iand Use\Knuth Road LUA-Ordinance(Second Reading).Docx Page 391 of 479 78 ATTEST: 79 80 81a, r x 82 C tal Gibson, MMC 8 3 C ty Clerk 84 85 86 87 (Corporate Seal) SACA\Ordinances\Planning\Land Use\Knuth Road LUA-Ordinance(Second Reading).Docx Page 392 of 479 1 ORDINANCE NO. 21-015 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH,FLORIDA, 4 AMENDING ORDINANCE 02-013 TO REZONE A PARCEL OF 5 LAND DESCRIBED HEREIN AND COMMONLY REFERRED TO AS 6 KNUTH ROAD FROM PCD PLANNED COMMERCIAL 7 DEVELOPMENT TO SMU SUBURBAN MIXED USE; PROVIDING 8 FOR CONFLICTS, SEVERABILITY,AND AN EFFECTIVE DATE. 9 10 WHEREAS,the City Commission of the City of Boynton Beach, Florida has adopted 11 Ordinance No. 02-013, in which a Revised Zoning Map was adopted for said City; and 12 WHEREAS, the City has made application to rezone land, said land being more 13 particularly described hereinafter, from PCD Planned Commercial Development to SMU 14 Suburban Mixed Use; and 15 WHEREAS, the City Commission conducted public hearings as required by law and 16 heard testimony and received evidence which the Commission finds supports a rezoning for the 17 property hereinafter described; and 18 WHEREAS, the City Commission deems it in the best interests of the inhabitants of 19 said City to amend the aforesaid Revised Zoning Map as hereinafter set forth. 20 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 21 THE CITY OF BOYNTON BEACH,FLORIDA, THAT: 22 Section 1. The foregoing Whereas clauses are true and correct and incorporated 23 herein by this reference. 24 Section 2. The land herein described be and the same is hereby rezoned from PCD, 25 Planned Commercial Development to SMU, Suburban Mixed Use. A location map is attached 26 hereto as Exhibit"A"and made a part of this Ordinance by reference. Legal Description: 27 ALL OF TRACTS 9 AND 10 LYING SOUTH OF NEW BOYNTON ROAD (STATE 28 ROAD NO. 804)AND TRACTS 23 AND 24,PALM BEACH FARMS COMPANY PLAT 29 NO. 8, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5 AT 30 PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH COUNTY,FLORIDA,LESS 31 THE EAST 15.0 FEET THEROF,and 32 LESS THAT PART OF LOTS C,D AND E TRACT 9,THE PALM BEACH FARMS CO. 33 PLAT NO. 8 OF SECTION 30, TOWNSHIP 45 SOUTH, RANGE 43 EAST, PALM 34 BEACH COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED 35 IN PLAT BOOK 5, PAGE 73 OF THE PUBLIC RECORDS OF PALM BEACH 36 COUNTY,FLORIDA,DESCRIBED AS FOLLOWS: COMMENCE AT THE POINT OF 37 INTERSECTION OF THE EAST LINE OF SAID TRACT 9 WITH THE SOUTH RIGHT 1 S:\CA\Ordinances\Planning\Rezoning\Knuth Road-Rezone-Ordinance(Second Read).Docx Page 393 of 479 38 OF WAY LINE FOR STATE ROAD 804,AS SAID SOUTH RIGHT OF WAY LINE IS 39 SHOWN IN ROAD PLAT BOOK 2,PAGE 219 OF THE PUBLIC RECORDS OF PALM 40 BEACH COUNTY, FLORIDA; THENCE S.88°28'40"W., ALONG SAID RIGHT OF 41 WAY LINE, 15.01 FEET TO THE POINT OF BEGINNING; THENCE CONTINUE 42 S.88028'40"W.,ALONG SAID SOUTH RIGHT OF WAY LINE, 185.07 FEET;THENCE 43 S.0000'00"E.,264.00 FEET;THENCE N.90°00'00"E., 185.00 FEET TO A LINE 15 FEET 44 EAST OF AND PARALLEL WITH THE SAID EAST LINE OF TRACT 9; THENCE 45 N.0000'00"E., ALONG SAID PARALLEL LINE, 268.92 FEET TO THE SAID POINT 46 OF BEGINNING,CONTAINING 49,295 SQUARE FEET OR 1.1317 ACRES MORE OR 47 LESS 48 49 Section 3. That the aforesaid Revised Zoning Map of the City shall be amended 50 accordingly. 51 Section 4. All ordinances or parts of ordinances in conflict herewith are hereby repealed. 52 Section 5. Should any section or provision of this Ordinance or any portion thereof be 53 declared by a court of competent jurisdiction to be invalid, such decision shall not affect the 54 remainder of this Ordinance. 55 Section 6. This ordinance shall become effective immediately upon passage. 56 FIRST READING this 20th day of April, 2021. 57 SECOND, FINAL READING and PASSAGE this 15th day of June, 2021. 58 CITY OF BOYNTON BEACH, FLORIDA 59 YES NO 60 61 Mayor—Steven B. Grant 62 63 Vice Mayor—Woodrow L. Hay 64 65 Commissioner—Justin Katz 66 67 Commissioner—Christina L. Romelus ' 68 69 Commissioner—Ty Penserga 70 71 VOTE 72 ATTEST: 73 / I 74 75 Cristal Gibson, MMC 76 City Clerk 77 78 (Corporate Seal) 2 S:\CA\Ordinances\Planning\Rezoning\Knuth Road-Rezone-Ordinance(Second Read).Docx Page 394 of 479 , s r� - - t`) s it t X ftff ilSS'4, 'iY ti LOCATION MAP EXHIBIT A i ? il( `� y?ju. — f k 1 tf - 1 = ji ��'� his t �Itt � 1F ✓ r st ��, 1, r 4 y f k i 0 75 150 300 450 lim Feet Page 395 of 479 EXHIBIT B In KNUTH ROAD. CURRENT FLU ....... ,....... ... . oc MEDIR 2N" Low #1111016mom rr ......... .......... zn, .......... oyn on 0c ; �� rrr C 0 '' M 1,1"llp'"", "N" 411 ' Legend LOW DENSITY RESIDENTIAL(LDR);7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre OFFICE COMMERCIAL(OC) LOCAL RETAIL COMMERCIAL(LRC) MIXED USE LOW(MXL); 20 D.U./Acre T- 0 115230 460 690 mt--===mmmm Feet Page 396 of 479 EXHIBIT 131 KNUTH ROAD: PROPOSED FLU oil oc 7771, rz MEDIR "S............P 7 1,11, itt q�M 7 7 .......... T v ea ........ ......ww ( )� w t �t � t . SITE dam oc proposed c ........... MXL Legend LOW DENSITY RESIDENTIAL(LDR);7.5 D.U./Acre MEDIUM DENSITY RESIDENTIAL(MEDR); 11 D.U./Acre OFFICE COMMERCIAL(OC) LOCAL RETAIL COMMERCIAL(LRC) MIXED USE LOW(MXL); 20 D.U./Acre 0 115230 460 690 =wmm Feet Page 397 of 479 I z. - - I 1 r y { ( EXHIBIT C KNUTH ROAD: CURRENT ZONING SMU � r 04 Legend t R3 Multi Family, 11 du/ac 0 PUD Planned Unit Development C3 Community Commercial C1 Office Professional PCD Planned Commercial Development - M1 Light Industrial SMU Suburban Mixed Use, 20 du/ac - vn -,yn Fon 0 W13 C-1 + l I � , c i I i i ,C 0 95 190 380 570 ME on maw= Feet Page 398 of 479 - r , 4 y i 1 EXHIBIT C1 KNUTH ROADn. PROPOSED ZONING rs M U 4 Legend R3 Multi Family, 11 du/ac PUD Planned Unit Development 0 C3 Community Commercial C1 Office Professional PCD Planned Commercial Development M1 Light Industrial SMU Suburban Mixed Use,20 du/ac SIC � � I SITE propo - i f S SMUl i 0 95 190 380 570 Feet Page 399 of 479 DEVELOPMENT ORDER OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA PROJECT NAME: Shalimar at Boynton Beach (MPMD 22-001 & NWSP 22-001) APPLICANT: Rene Gutierrez, TM Residential, LLC APPLICANT'S ADDRESS: 2601 South Bayshore Drive, Ste. 1460, Coconut Grove, FL 33133 DATE OF HEARING RATIFICATION BEFORE CITY COMMISSION: April 19, 2022 APPROVAL SOUGHT: Approve the Shalimar at Boynton Beach Master Plan Modification and New Major site Plan applications to construct a mixed-use development consisting of 250 residential units, two (2) 2,150 square foot retail buildings, a 9,850 square foot clubhouse, and associated site improvements. LOCATION OF PROPERTY: Southwest corner of the intersection of W. Boynton Beach Boulevard and Knuth Road. 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\Knuth Rd(aka Shalamar)\Shalimar MPMD 22-001 &NWSP 22-001\MPMD 22-001 and NWSP 22-001 DO.doc Page 400 of 479 s v c� r O N C) O N N N rlN N 0 N o N N OT a (Do p U) � N �■■� CY) Z = � OQ 0m Q a� O UL • 2 E }i 1 E ,,. O > E O L •O = Z c) a Cl) s � 7-5 JN U X C/) � Cfl D v N O J N � N � J CQ Gj o Q i r LL N cn Q E k I v +i k b 4�� t; I fJ, t QS„ �tIY I t p 6 0 t t - �I�t,�r�t`,I 1 q I �N 3 � .y� '� t• *� zt { Y, t t �� `� ,� Y § � _ ft y� �� ti � �� ^�t�tYt}�,� � Y kilj �k�'`/. 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Legal 4/19/2022 _ City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 4/19/2022 Requested Action by Commission: Proposed Resolution R22-060-Approve the revised American Rescue Plan Act (ARPA) Subrecipient Agreement between the City of Boynton Beach and Wells Landing Apartments, LLC., in the amount of $500,000.00 of ARPA funds for the affordable housing development's increased construction costs due to the COVID-19 public health emergency. Proposed Resolution R22-061 -Approve and authorize the Mayor to sign the Consent and Funding Agreement from the Lender, T.D. Bank, for the Wells Landing Apartments, LLC. affordable housing project and all documents necessary to effectuate this transaction. Explanation of Request: On November 4, 2020 the City Commission approved the North and South Project Site Plan Applications of Wells Landing Apartments, LLC., for an affordable housing and commercial development on Martin Luther King Blvd. (see Exhibit 3). Since then, Wells Landing Apartments, LLC., identified a shortfall of approximately $4.9 Million due to the rise in construction costs (20-30%) and the State's reduction in rent as a result of the pandemic which decreased Wells Landing's ability to secure approximately $1 Million in loan for the project. Development of affordable housing is an eligible use for ARPA funding and on November 30, 2021, the Boynton Beach City Commission passed and adopted Resolution R21-166 (see Exhibit 4) authorizing the Mayor to sign the ARPA Subrecipient Agreement between the City of Boynton Beach and Wells Landing Apartments, LLC., in the amount of$500,000.00 utilizing ARPAfunds to cover the increased construction costs due to the COVID-19 public health emergency. The Agreement (see Exhibit 1), with the attached Scope of Services (see Attachment"A"), has since been revised and approved by legal counsel for all parties, including the City Attorney, and is being presented for final approval by the City Commission. The Consent and Funding Agreement (Exhibit 2) references two (2) grants from the City for the affordable housing project, one for reimbursable grant funding through an Interlocal Agreement with the CRA (see Exhibit 5), and the ARPA subrecipient grant for increased construction costs. This agreement also requires the approval of the City Commission and signature by the Mayor. This document has been reviewed and approved by legal counsel for all parties, which includes the City Attorney. How will this affect city programs or services? Affordable Housing is an eligible use under the U.S. Treasury's Final Rule for the American Rescue Plan, and the City will use ARPA Coronavirus State and Local Fiscal Recovery Funds in the amount of$500,000.00 toward the increased cost of construction materials due to the COVI D-19 public health emergency. Providing this funding will have no effect on existing City programs or services. Fiscal Impact: The $500,000.00 has been allocated by City Commission in the ARPA Master Spending Framework and will have no fiscal impact on the City's General Fund. Page 443 of 479 Alternatives: None at this time. To not provide financial assistance towards the increased costs of construction materials due to the COVI D-19 public health emergency would jeopardize the Wells Landing Affordable Housing project. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Creating opportunities for shared local community prosperity, equity, and economic sustainability through the development of affordable housing in a Qualified Census Tract within the City of Boynton Beach municipal boundaries. Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Resolution Resolution approving revised Subrecipient Agreement with Wells Landing D Resolution Resolution approving Consent and Funding Agreement Attachment A ABPA ubrecipient Agreement- D Attachment Scope of Services-Wells Landing-Final(2) (00 04 xC4B A) D Exhibit ExIiibit 1 ABPA- Wells Landing Apartments- 00k S ubrecipient Agreement D Agreement Consent and Funding Agreement(Wells Landing) D Exhibit ExIiibit Wells Landing Architectural Renderings D Exhibit ExIiibit 4 Wells Landing Subrecipient Resolution- R21-166 D Exhibit ExIiibit R19-101-Wells Landing-CRA ILA Page 444 of 479 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE REVISED 5 ARPA SUBRECIPIENT AGREEMENT, IN A FINAL FORM ACCEPTABLE 6 TO THE CITY ATTORNEY, BETWEEN THE CITY OF BOYNTON BEACH 7 AND WELLS LANDING APARTMENTS LLC., IN THE AMOUNT OF 8 $500,000.00 FOR THE USE OF AMERICAN RESCUE PLAN ACT (ARPA) 9 FUNDS TO COVER THE INCREASED CONSTRUCTION COSTS DUE TO 10 THE COVID-19 PANDEMIC;AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, November 4, 2020 the City Commission approved the North and South 13 Project Site Plan Applications of Wells Landing Apartments LLC., for an affordable housing 14 and commercial development on Martin Luther King Blvd; and 15 WHEREAS, Wells Landing Apartments LLC., submitted a request to the CITY for 16 $500,000.00 in COVID-19 relief funds to support the increased construction costs of 17 affordable housing within the City of Boynton Beach, Florida due to the COVID-19 public 18 health emergency; and 19 WHEREAS, during its Special City Commission meeting on November 30, 2021, the 20 City Commissioner approved the request of Wells Landing Apartments LLC however changes 21 in the applicable ARPA funding regulations required changes be made to the Agreement 22 which required it to come back before the City Commission; and 23 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 24 residents to approve and authorize the Mayor to sign the revised ARPA Subrecipient 25 Agreement, in a final form acceptable to the City Attorney, between the City of Boynton 26 Beach and Wells Landing Apartments LLC., in the amount of $500,000.00 for the use of 27 American Rescue Plan Act (ARPA) funds to cover the increased construction costs due to the 28 COVID-19 pandemic. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 30 BOYNTON BEACH, FLORIDA, THAT: 31 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 32 being true and correct and are hereby made a specific part of this Resolution upon adoption 33 hereof. S:\CA\RESO\Agreements\ARPA SubRecipient Agreement(revised)with Wells Landing-Reso.docx 1 Page 445 of 479 34 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 35 authorize the Mayor to sign the revised ARPA Subrecipient Agreement between the City of 36 Boynton Beach and Wells Landing Apartments LLC., in the amount of $500,000.00, in a final 37 form acceptable to the City Attorney, for the use of American Rescue Plan Act (ARPA) funds 38 to cover the increased construction costs due to the COVID-19 pandemic, a copy of the 39 current form of the Agreement is attached hereto as Exhibit "A". 40 Section 3. This Resolution will become effective immediately upon passage. 41 PASSED AND ADOPTED this 19th day of April, 2022. 42 CITY OF BOYNTON BEACH, FLORIDA 43 YES NO 44 45 Mayor—Ty Penserga 46 47 Vice-Mayor—Angela Cruz 48 49 Commissioner—Woodrow L. Hay 50 51 Commissioner—Thomas Turkin 52 53 Commissioner— District 4 - Vacant 54 55 VOTE 56 ATTEST: 57 58 59 60 Crystal Gibson, MMC 61 City Clerk 62 63 64 (Corporate Seal) S:\CA\RESO\Agreements\ARPA SubRecipient Agreement(revised)with Wells Landing-Reso.docx 2 Page 446 of 479 I RESOLUTION R22- 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE 5 CONSENT AND FUNDING AGREEMENT FROM THE LENDER, T.D. 6 BANK, FOR THE WELLS LANDING APARTMENTS, LLC. AFFORDABLE 7 HOUSING PROJECT, IN A FORM ACCEPTABLE TO THE CITY 8 ATTORNEY'S OFFICE AND ANY AND ALL OTHER DOCUMENTS 9 NECESSARY TO EFFECTUATE THIS TRANSACTION; AND PROVIDING 10 AN EFFECTIVE DATE. 11 12 WHEREAS, on November 4, 2020 the City Commission approved the North and 13 South Project Site Plan Applications of Wells Landing Apartments, LLC., for an affordable 14 housing and commercial development on Martin Luther King Blvd; and 15 WHEREAS, The Consent and Funding Agreement references two (2) grants from the 16 City for the affordable housing project, one for reimbursable grant funding through an 17 Interlocal Agreement with the CRA, and the ARPA subrecipient grant for increased 18 construction costs; and 19 WHEREAS, this agreement which has been reviewed and approved by legal counsel 20 for all parties, which includes the City Attorney, also requires the approval of the City 21 Commission and signature by the Mayor; and 22 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 23 residents to approve and authorize the Mayor to sign the Consent and Funding Agreement 24 from the lender, T.D. Bank, for the Wells Landing Apartments, LLC. Affordable Housing 25 Project, in a form acceptable to the City Attorney's Office and any and all other documents 26 necessary to effectuate this transaction. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 33 approve and authorize the Mayor to sign the Consent and Funding Agreement from the 100506138.1 306-9905603}S:ACA\RESO\Agreements\Consent and Funding Agreement with Wells Landing-Reso.docx 1 Page 447 of 479 34 lender, T.D. Bank, for the Wells Landing Apartments, LLC. Affordable Housing Project, and any 35 and all other documents necessary to effectuate this transaction in a final form acceptable to 36 the City Attorney, a copy of the Consent and Funding Agreement is attached hereto as 37 Exhibit "A". 38 Section 3. This Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this 19th day of April, 2022. 40 CITY OF BOYNTON BEACH, FLORIDA 41 YES NO 42 43 Mayor—Ty Penserga 44 45 Vice-Mayor—Angela Cruz 46 47 Commissioner—Woodrow L. Hay 48 49 Commissioner—Thomas Turkin 50 51 Commissioner— District 4 - Vacant 52 53 VOTE 54 ATTEST: 55 56 57 58 Crystal Gibson, MMC 59 City Clerk 60 61 62 (Corporate Seal) 100506138.1 306-9905603}S:ACA\RESO\Agreements\Consent and Funding Agreement with Wells Landing-Reso.docx 2 Page 448 of 479 City of Boynton Beach ARPA Subrecipient Subaward Agreement for Coronavirus State and Local Fiscal Recovery Funds ATTACHMENT"A"-SCOPE OF SERVICES Project Name: Wells Landing Apartments, LLC ARPA Funding EC 2.15 Housing Support:Affordable Housing Priority: Project Location: On the N and S sides of E. Martin Luther King Jr. Blvd., approximately 150' E of the Intersection of N Seacrest Blvd. and Martin Luther King Jr. Blvd., Boynton Beach, FL Project Manager: Mr. Lewis Swezy Company: Wells Landing Apartments, LLC dba Heart of Boynton Village Apartments, LLC Tax ID#: 84-3654144 Contact Name: Mr. Lewis Swezy Contact Email: Lswezy@centennialmgt.com Contact Mailing 7735 NW 146th Street, Miami Lakes, FL 33016 Address: Project Description MILK Jr. Boulevard Corridor Affordable Multi-Family Rental Apartment Project. Mixed-use development includes two four story buildings and one three (3)-story building with 124 affordable housing dwelling units and 8,250 square feet of ground floor commercial uses. ARPA funding will only be utilized in the residential components of the Project. Deliverables: Metric: Purchase of Affordable Housing construction materials. (Metrics/Outcomes) Outcome: All budgeted funds are expended for Affordable Housing construction materials. Payment Terms: Reimbursement for eligible ARPA expenditures under the Subrecipient Agreement. Subrecipient will submit a comprehensive and detailed list of all expenditures on an itemized invoice, with all backup documentation to support expenditures. Invoice must include a statement, signed by the Subrecipient, indicating that all expenditures are eligible under the US Treasury guidelines for ARPA. All quarterly reports, reimbursement requests, and corresponding eligible expenditure documentation must be provided to the ARPA Project Manager at lejeunec@bbfl.us no later than 4:00 pm on the 15-clay of the month following each quarter, until project is Closed Out by the City. (See Quarterly Reporting Schedule below). The City will make payment within thirty(30) days of receipt of the required documentation. No reimbursement requests may be submitted to the City later than twelve (12) months after the Project Start Date. 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: When Subrecipient Agreement is fully executed. (For purposes of Project End Date: 12 months from date of fully executed agreement. ARPA grant funding Subrecipient must provide quarterly reports as indicated in the Quarterly only) Reporting Schedule below. Quarterly reports must include: • All ARPA funds received from the City for each quarter and total to date. Page 1 of 2 Page 449 of 479 • 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 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 $500,000.00 for increased construction costs of affordable housing, due to the COVID-19 public health emergency,within the City of Boynton Beach, Florida, Wells Landing Apartments, LLC Expenditures for Affordable Housing Construction Materials $500,000.00 Total Budget Request $500,000.00 Page 2 of 2 Page 450 of 479 ARPA SUBRECIPIENT AGREEMENT Between The CITY OF BOYNTON BEACH, FLORIDA And WELLS LANDING APARTMENTS LLC FOR AMERICAN RESCUE PLAN ACT ("ARPA")FUNDS TO BE USED FOR AFFORDABLE HOUSING THIS AGREEMENT is made between the CITY OF BOYNTON BEACH, FLORIDA (hereinafter "CITY"), and WELLS LANDING APARTMENTS LLC, a Florida limited liability company (hereinafter"SUBRECIPIENT"). WHEREAS, on March 11, 2021, President Joseph R. Biden signed into law the American Rescue Plan Act of 2021 (hereinafter"ARPA"); and WHEREAS, on May 10, 2021, the United States Department of the Treasury (hereinafter "US TREASURY") published guidance regarding the allowable usage of the Coronavirus State and Local Fiscal Recovery Funds (hereinafter "SLFRF") to be disseminated to local governments in accordance with the ARPA; and WHEREAS, the SUBRECIPIENT, submitted a request to the CITY for $500,000.00 in COVID-19 relief funds to support the increased construction costs of affordable housing within the City of Boynton Beach, Florida due to the COVID-19 public health emergency; and WHEREAS, the CITY intends to allocate a portion of its funds to assist entities within the City of Boynton Beach with the construction of affordable housing in accordance with all federal, state, and local guidelines regarding the usage of SLFRF funds; and WHEREAS, under ARPA, the CITY may transfer funds to a private entity for the purpose of meeting ARPA's goals for the development of affordable housing; and WHEREAS, in an effort to provide additional guidance regarding the eligible uses of SLFRF funds, the US TREASURY published the Interim Final Rule at 31 C.F.R. Part 35 and a document containing answers to Frequently Asked Questions regarding Coronavirus State and Local Fiscal Recovery Funds as of November 15, 2021 hereinafter "FAQ" [FAQ was updated on November 15, 2021]; and WHEREAS, 31 C.F.R. §35.6(b)(12)(ii) and Section 2.11 of the FAQ states that eligible services include the development of affordable housing; and WHEREAS, during its Special City Commission meeting on November 30, 2021, the City Commissioners (hereinafter `BOARD") approved the request from the SUBRECIPIENT subject to all federal, state, and local guidelines regarding the usage of the funds, including any contractual 100502080.1306-90018211 100502080.1306-90018211 Page 451 of 479 guidelines set forth by the BOARD, as well as any audit requirements established by the Florida Auditor General's Office; and WHEREAS, the CITY and SUBRECIPIENT desire to enter into this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals which are incorporated herein by reference, and the terms and conditions set forth below, the parties agree as follows: 1. EFFECTIVE DATE AND TERM This Agreement shall commence upon execution by all parties ("Commencement Date") and remain in effect for twelve (12) months subsequent to the Commencement Date, unless sooner terminated by the CITY in accordance with the terms herein. 2. GRAND TOTAL SLFRF FUNDS TO BE DISSEMINATED TO SUBRECIPIENT The grand total award of ARPA funds to be disseminated by the CITY to the SUBRECIPIENT as part of this Agreement shall not exceed $500,000.00. 3. LIMITATIONS REGARDING THE USE OF SLFRF FUNDS The SUBRECIPIENT shall ensure that all expenditures utilizing SLFRF funds received in accordance with this Agreement shall be limited to only those eligible services and expenses as outlined under the guidelines of ARPA for the development of affordable housing and in accordance with all applicable law and the US TREASURY FAQs. Pursuant to the timeframes under 31 CFR §35.5 and eligible project costs under 24 CFR 93.201,the SUBRECIPIENT may only use funds to cover eligible costs incurred forincreased construction costs due to the COVID-19 public health emergency in conformance with the attached Scope of Services, as set forth in Exhibit"A" attached hereto. Funds may not be used to pay interest or principal on other outstanding debt. 4. REPORTING REQUIREMENTS TO ENSURE COMPLIANCE WITH ARPA In order to ensure compliance with the existing ARPA guidelines set forth by the US TREASURY while also ensuring that all expenditures within the scope of this Agreement adhere to future guidelines that may be established by the US TREASURY during the term of this Agreement, the SUBRECIPIENT, when requesting reimbursement for eligible ARPA expenditures, shall provide to the CITY a comprehensive and detailed list of all such expenditures on an itemized invoice, and shall also provide any backup documentation to support such expenditures. Said invoice must include a statement, signed by the SUBRECIPIENT, indicating that all expenditures therein comport with the guidelines of the ARPA as set forth by the US TREASURY. Reimbursement requests shall be submitted to the CITY no more than once per month. No reimbursement requests may be submitted to the CITY later than twelve (12) months subsequent to the Commencement Date. If any such future guidelines somehow prohibit SUBRECIPIENT's intended use of funds, then the parties will use reasonable good faith efforts to make sure the funds are used in accordance with such guidelines. 100502080.1306-90018211 100502080.1306-90018211 Page 452 of 479 5. TIMELINE REGARDING THE DISSEMINATION OF FUNDS TO SUBRECIPIENT Upon receipt of the SUBRECIPIENT's complete reimbursement request, the CITY shall disseminate funds for all eligible ARPA expenditures therein within thirty (30) days of receipt of said reimbursement request. The dissemination of SLFRF funds shall only occur after the CITY reviews the SUBRECIPIENT's reimbursement request to ensure that all expenditures detailed therein qualify for reimbursement in accordance with all published federal, state, and local guidance regarding the use of SLFRF funds as specified in the ARPA. All payments from the CITY to the SUBRECIPIENT are subject to all applicable federal, state, and local laws regarding the governance of CITY funds within the ARPA. 6. EVOLUTION OF ARPA GUIDANCE FROM THE US TREASURY The CITY may request additional information from the SUBRECIPIENT, as needed, to meet any additional guidelines regarding the use of the funds that may be established by the US TREASURY during the term of this Agreement. 7. TERMINATION The CITY may terminate this Agreement, for convenience or otherwise and for no consideration or damages, upon prior notice to the SUBRECIPIENT. Termination of the Agreement will not affect funding that has already occurred. 8. INDEPENDENT CONTRACTOR Each party under the Agreement shall be for all purposes an independent Contractor. Nothing contained herein will be deemed to create an association, a partnership, a joint venture, or a relationship of principal and agent, or employer and employee between the parties. The SUBRECIPIENT shall not be, or be deemed to be, or act or purport to act, as an employee, agent, or representative of the CITY for any purpose. 9. HOLD HARMLESS AND INDEMNIFICATION The SUBRECIPIENT agrees to defend, indemnify, and hold the CITY, its officers, officials, employees, agents, and volunteers harmless from and against any and all third party claims, injuries, actual out of pocket damages, losses or expenses, including without limitation personal injury, bodily injury,sickness, disease, or death, or damage to or destruction of property,which are alleged or proven to be caused in whole or in part by an act or omission of the SUBRECIPIENT, its officers, directors, employees, and/or agents relating to the SUBRECIPIENT's performance or failure to perform under this Agreement, unless such claim, injury, damages, losses or expenses, resulted out of the CITY, its officers, officials, employees, agents, and volunteers own misconduct or negligence. The SUBRECIPIENT shall be entitled to prior notice and an opportunity to defend any indemnifiable third party claim. This section shall survive the expiration or termination of this Agreement. 100502080.1306-90018211 100502080.1306-90018211 Page 453 of 479 10. COMPLIANCE WITH LAWS AND GUIDELINES The SUBRECIPIENT shall comply with all applicable federal, state, and local laws and all requirements and published guidance set forth regarding the usage of any and all monies appropriated under the ARPA. The SUBRECIPIENT agrees to execute any further documents necessary for this Agreement and the transfer of funds, as provided herein, to comply with any federal, state, and local laws or requirements under the ARPA. 11. MAINTENANCE AND AUDIT OF RECORDS The SUBRECIPIENT shall maintain records, books, documents, and other materials relevant to its performance under this Agreement. These records shall be subject to inspection, review, and audit by the CITY or its designees, and the US TREASURY for seven (7) years following termination of this Agreement. If it is determined during the course of the audit that the SUBRECIPIENT was reimbursed for unallowable costs under this Agreement or any,the SUBRECIPIENT agrees to promptly reimburse the CITY for such payments upon request. 12. NOTICES Any notices desired or required to be given hereunder shall be in writing, and shall be deemed received three (3) days after deposit with the US Postal Service (postage fully prepaid, certified mail, return receipt requested), and addressed to the party to which it is intended at its last known address, or to such person or address as either party shall designate to the other from time to time in writing forwarded in like manner: SUBRECIPIENT Wells Landing Apartments LLC 7735 NW 146th Street, Suite 306 Miami Lakes, FL 33015 Attention: Lewis V. Swezy Telephone: (305) 821-0330 With a Copy to: Nelson Mullins Broad and Cassel 390 North Orange Avenue, Suite 1400 Orlando, Florida 32801 Attn: Randal M. Alligood, Esq. Telephone: (407) 839-4202 CITY Lori LaVerriere, City Manager City of Boynton Beach 100 East Ocean Ave, Boynton Beach, Florida 33435 Telephone No. (561) 742-6000 With a Copy To: James A. Cherof, City Attorney Goren, Cherof, Doody&Ezrol,P.A. 3099 East Commercial Boulevard, Suite 200 100502080.1306-90018211 100502080.1306-90018211 Page 454 of 479 Fort Lauderdale, Florida 33308 Telephone No. (954) 771-4500 Facsimile No. (954)771-4923 13. IMPROPER INFLUENCE Each parry warrants that it did not and will not employ, retain, or contract with any person or entity on a contingent compensation basis for the purpose of seeking, obtaining, maintaining, or extending this Agreement. Each party agrees, warrants, and represents that no gratuity whatsoever has been or will be offered or conferred with a view towards obtaining, maintaining, or extending this Agreement. 14. CONFLICT OF INTEREST The elected and appointed officials and employees of the parties shall not have any personal interest, direct or indirect, which gives rise to a conflict of interest. 15. PUBLIC RECORDS The CITY is a public agency subject to Chapter 119, Florida Statutes. SUBRECIPIENT shall comply with Florida's Public Records Law. Specifically, SUBRECIPIENT shall: A. Keep and maintain public records required by the CITY; 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 coast that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the Agreement, SUBRECIPIENT shall destroy all copies of such confidential and exempt records remaining in its possession after SUBRECIPIENT transfers the records in its possession to the CITY; and D. Upon completion of the Agreement, SUBRECIPIENT shall transfer to the CITY, at no cost to the CITY, all public records in SUBRECIPIENT's possession. All records stored electronically by SUBRECIPIENT must be provided to the CITY, upon request from the CITY's custodian or public records, in a format that is compatible with the information technology systems of the CITY. The failure of SUBRECIPIENT to comply with the provisions set forth in the Agreement shall constitute a Default and Breach of the Agreement, for which, the CITY may terminate the Agreement. IF SUBRECIPIENT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO SUBRECIPIENT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE AGREEMENT,CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CRYSTAL GIBSON, CITY CLERK PO BOX 310, BOYNTON BEACH, FLORIDA, 33425 561-742-6061 GIBSONC@BBFL.US 100502080.1306-90018211 100502080.1306-90018211 Page 455 of 479 16. TIME Time is of the essence in this Agreement. 17. SURVIVAL The provisions of this Agreement that by their sense and purpose should survive expiration or termination of the Agreement shall so survive. Those provisions include without limitation Indemnification and Maintenance and Audit of Records. 18. AMENDMENT No amendment or modification to the Agreement shall be effective without prior written consent of the authorized representatives of the parties. 19. GOVERNING LAW, VENUE The Agreement shall be governed in all respects by the laws of the State of Florida, both as to interpretation and performance, without regard to conflicts of law or choice of law provisions. Any action arising out of or in conjunction with the Agreement may be instituted and maintained only in a court of competent jurisdiction in Palm Beach County, Florida. 20. NON-WAIVER No failure on the part of the CITY to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof,nor shall any single or partial exercise by the CITY of any right hereunder preclude any other or further exercise thereof or the exercise of any other right. The remedies herein provided are cumulative and not exclusive of any remedy available to the CITY at law or in equity. 21. BINDING EFFECT This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors. 22. ASSIGNMENT The SUBRECIPIENT shall not assign or transfer any of its interests in or obligations under this Agreement without the prior written consent of the CITY. 23. ENTIRE AGREEMENT This Agreement constitutes the entire agreement between the CITY and the SUBRECIPIENT for the use of funds received under this Agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the parties with respect to this Agreement. 24. NO THIRD-PARTY BENEFICIARIES Nothing herein shall or be deemed to create or confer any right, action, or benefit in, to, or on the part of any person or entity that is not a party to this Agreement. This provision shall not limit any obligation which either parry has to the US TREASURY in connection with the use of ARPA funds, including the obligations to provide access to records and cooperate with audits as provided in this Agreement. 100502080.1306-90018211 100502080.1306-90018211 Page 456 of 479 25. CIVIL RIGHTS COMPLIANCE SubRecipients of Federal financial assistance from the US TREASURY are required to meet legal requirements relating to nondiscrimination and nondiscriminatory use of Federal funds. Those requirements include ensuring that entities receiving Federal financial assistance from the US TREASURY do not deny benefits or services, or otherwise discriminate on the basis of race, color, national origin (including limited English proficiency), disability, age, or sex (including sexual orientation and gender identity), in accordance with the following authorities: Title VI of the Civil Rights Act of 1964 (Title VI) Public Law 88-352, 42 U.S.C. 2000d-1 et seq., and the Department's implementing regulations, 31 CFR part 22; Section 504 of the Rehabilitation Act of 1973 (Section 504),Public Law 93-112, as amended by Public Law 93-516,29 U.S.C. 794; Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. 1681 et seq., and the Department's implementing regulations, 31 CFR part 28 [Title IX of the Education Amendments is not applicable]; Age Discrimination Act of 1975, Public Law 94-135, 42 U.S.C. 6101 et seq., and the Department implementing regulations at 31 CFR part 23. 26. SEVERABILITY In the event that one or more provisions of this Agreement shall be determined to be invalid by any court of competent jurisdiction or agency having jurisdiction thereof, the remainder of the Agreement shall remain in full force and effect and the invalid provisions shall be deemed deleted. 27. COUNTERPARTS This Agreement may be executed in on or more counterparts,any of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 28. AUTHORIZATION Each party signing below warrants to the other party, that they have the full power and authority to execute this Agreement on behalf of the party for whom they sign. [This Space is Intentionally Blank; Signature Page to Follow] 100502080.1306-90018211 100502080.1306-90018211 Page 457 of 479 IN WITNESS WHEREOF, this Agreement is executed and shall become effective as of the last date signed below: Dated this day of , 2022. SUBRECIPIENT: CITY OF BOYNTON BEACH Wells Landing Apartments LLC, a Florida limited liability company Ty Penserga, Mayor By: Wells Landing Manager, LLC a Florida Limited liability company, its Manager By: Lewis V. Swezy, Manager APPROVED AS TO FORM: Office of the City Attorney ATTEST: Crystal Gibson, City Clerk 100502080.1306-90018211 100502080.1306-90018211 Page 458 of 479 EXHIBIT A SCOPE OF SERVICES 100502080.1306-90018211 100502080.1306-90018211 Page 459 of 479 CONSENT AND FUNDING AGREEMENT Lender: TD BANK, N.A. CRA: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY City: CITY OF BOYNTON BEACH, a political subdivision of the State of Florida, a public agency created pursuant to Chapter 163, Part III of the Florida Statutes Borrower: WELLS LANDING APARTMENTS LLC, a Florida limited liability company Project: Construction and development of a 124-unit affordable multifamily project, plus commercial space, amenities and parking (the "Project"). Project Site: N. Seacrest Boulevard and Martin Luther King Boulevard, Boynton Beach, Florida 33435 Date: April , 2022 RECITALS A. Lender and Borrower have entered into a Construction Loan Agreement dated of even date herewith (the "Loan Agreement"), pursuant to which the Lender has agreed to advance a construction loan to Borrower up to $10,685,000.00, which may convert into a permanent loan and increase to $11,800,000.00 (the "Loan") for construction of the Project upon the Project Site all in accordance with the Loan Documents (as such term is defined in the Loan Agreement). B. CRA and Borrower have entered into that certain (i) Purchase and Development Agreement dated September 16, 2019, as amended by that certain Addendum to Contract dated October 30, 2019, as further amended by that certain Purchase and Development Agreement Second Amendment dated July 1, 2020 (collectively, the "P&D Agreement"), (ii) that certain Development Agreement dated February 8, 2022 (the "CRA 2022 Development Agreement"), and (iii) that certain Second Development Agreement dated February 8, 2022 (the "Second CRA Development Agreement") which provide, among other things, that the CRA shall, subject to terms and conditions therein, provide Borrower certain incentives for Borrower's development of the Project, including (a) reimbursement to Borrower in the amount of $2,025,815, (b) reimbursement to Borrower in the amount of $433,008.45, and (c) credit to Borrower in the amount of $100,000 against the purchase price for the acquisition of the Additional Parcel (as such term is defined in the P&D Agreement), it being acknowledged and agreed that with respect to subparagraph (c), such funds have already been disbursed to the Borrower (each individually, a"CRA Development Agreement", and collectively, the "CRA Development Agreements"). 100506099.1306-99056031 Page 460 of 479 C. CRA and Borrower have entered into that certain Tax Increment Revenue Funding Agreement dated February 8, 2022 (the "TIF Agreement") which provides, subject to terms and conditions therein, that the CRA shall provide Borrower a refund of 100% of Tax Increment Revenues attributed to the Project actually received by the CRA in an amount not to exceed $1,638,280.00 (the "TIF Refund") and together with the CRA Development Agreements, the "CRA Funding." D. City and Borrower have entered into that certain Grant Recipient Agreement dated 2022 by and between the City and Borrower (the "City Grant Document") , which provides, among other things, that the City will provide Borrower a grant in the amount of $625,750.00 for development of the Project Site in accordance with the City Grant Document ("City Grant"). E. City and Borrower have entered into that certain ARPA Subrecipient Agreement dated , 2022 by and between City and Borrower (the "City ARPA Agreement"), which provides, among other things, that the City will provide Borrower a grant in the amount of $500,000 in accordance with the City ARPA Agreement(together with the City Grant, the "City Grant Accommodations"). F. Borrower shall deposit proceeds of the City Grant, and the CRA Development Agreements into an account established by the Borrower with Lender (the "Economic Incentive Account")for the construction of the Project upon the Project Site. G. Borrower shall deposit proceeds of the TIF Refund, into the Borrower's operating account with Lender as additional collateral for the First Mortgage Loan. H. Pursuant to the Loan Documents, to the extent assignable and subject to applicable law, Borrower has collaterally assigned to the Lender all of its right, title and interest in and to the P&D Agreement, the CRA 2022 Development Agreement, the Second CRA Development Agreement, the TIF Agreement, the City Grant Document, and the City ARPA Agreement, including, but not limited to, Borrower's right to receive the CRA Funding and the City Financial Accommodations, subject to the terms and conditions of the P&D Agreement, the CRA 2022 Development Agreement, the Second CRA Development Agreement, the TIF Agreement, the City Grant Document, and the City ARPA Agreement. L The following terms and conditions shall govern the manner in which Lender, CRA and the City, if applicable, shall disburse sums to Borrower through the Lender in accordance with the Loan Agreement, the CRA 2022 Development Agreement, the Second CRA Development Agreement, the TIF Agreement, the City Grant Document, the City ARPA Agreement and this Consent and Funding Agreement. J. All terms capitalized but not defined in this Consent and Funding Agreement shall have the meanings ascribed to such terms in the Loan Agreement. K. Nothing in this Agreement shall require the CRA or City to advance funds not otherwise in compliance with the CRA Development Agreements, TIF Agreement, City Grant Document or City ARPA Agreement. 100506099.1306-99056031 2 Page 461 of 479 AGREEMENTS In consideration of the foregoing Recitals and the mutual agreements set forth herein, Lender, CRA, City and Borrower agree as follows: 1. Borrower shall deposit the proceeds from the CRA Development Agreements, and the City Grant Accommodations into the Economic Incentive Account upon receipt. Borrower shall deposit the TIF Refund into Borrower's operating account with Lender upon receipt. Except as set forth in the Loan Agreement, Borrower shall apply the proceeds from the CRA Development Agreements, and the City Grant toward Project costs, in accordance with the applicable agreement,prior to disbursement of any Loan proceeds hereunder. 2. The Project Budget is attached hereto as Exhibit "A" which includes an itemized list of estimated costs. 3. Whenever Borrower desires to obtain an advance or reimbursement of such proceeds, Borrower shall comply with all terms and conditions of the applicable documents evidencing the CRA Development Agreements and the City Grant Accommodations. 4. If Lender has not received any notice from CRA or the City that any default exists under the CRA 2022 Development Agreement, the Second CRA Development Agreement, the City Grant Document or the City ARPA Agreement, or other documents executed in favor of the City with respect to the City Financial Accommodations, or the CRA with respect to the CRA Funding, the Lender shall disburse the Loan, the CRA Development Agreements, and the City Grant Accommodations as applicable, in accordance with the Loan Agreement. 5. Borrower shall be responsible for making inspections of the Project during the course of construction and shall determine to its own satisfaction that the work done or materials supplied by the contractors to whom payment is to be made out of each advance has been properly done or supplied in accordance with applicable contracts with such Contractors. The CRA, the City, and Lender shall have the right but not the obligation to conduct any inspections of the Project. 6. Each of the CRA and City acknowledges and consents to the collateral assignment, to the extent assignable and subject to applicable law, of Borrower's right, title and interest under the CRA Development Agreement, the Second CRA Development Agreement, the P&D Agreement, the TIF Agreement, the City Grant Document and the City ARPA Agreement, subject to any limitations of assignability expressed therein, which rights include but are not limited to the right to receive payment of the CRA Development Agreements, the TIF Refund and the City Grant. Upon the occurrence and during the continuance of an Event of Default under the Loan Documents, Lender shall have the right, but not the obligation, to perform the obligations and conditions of Borrower under the CRA 2022 Development Agreement, the CRA Second Development Agreement, the P&D Agreement, the TIF Agreement, the City Grant Document and the City ARPA Agreement. The CRA and the City agree to provide Lender notice, at the Lender's address set forth herein, if there is any default known to the CRA or the City under the CRA 2022 Development Agreement, the Second CRA Development Agreement, 100506099.1306-99056031 3 Page 462 of 479 the P&D Agreement, the TIF Agreement, the City ARPA Agreement and the City Grant Document. 7. It is expressly understood and agreed that neither Lender, nor CRA, nor the City assumes any liability or responsibility for the satisfactory completion of the Project, for the adequacy of funds deposited with, disbursed by or advanced by any of them pursuant hereto to complete the Project, for inspections during construction, or for any other acts on the part of Borrower or any of its contractors to be performed in the construction of the Project. 8. This Consent and Funding Agreement shall be governed by and construed in accordance with the internal laws of the State of Florida. 9. This Consent and Funding Agreement may be amended only by a written amendment signed by Lender, CRA, City, and Borrower. 10. Lender does not certify or insure that (a) Borrower has satisfied the requirements for funding or disbursement to Borrower under the CRA 2022 Development Agreement, the Second CRA Development Agreement, the P&D Agreement, the TIF Agreement, the City ARPA Agreement or the City Grant Document, (b) the Project will be completed, (c) that the Project, when completed, will have been built in accordance with plans and specifications, or (d) that sufficient funds will be available for completion of the Project. Beyond the exercise of reasonable care in the custody thereof, Lender shall have no duty as to any account collateral (including, but not limited to the Economic Incentive Account) in its possession or control as agent therefor or bailee thereof or any income thereon or the preservation of rights against any person or otherwise with respect thereto. In no event shall Lender be liable either directly or indirectly for losses or delays arising out of the acts or omissions of any third parties, including, but not limited to, various communication services, courier services, the Federal Reserve System, any other bank or any third party who may be affected by funds transactions or from any event which may be the basis of an excusable delay, interruption of communication facilities, fire, mechanical, computer or electrical failures or other unforeseen contingencies, strikes or any similar or dissimilar cause beyond the reasonable control of Lender or for indirect, special or consequential damages. Lender shall be responsible for the performance only of such duties with respect to the account collateral as are specifically set forth in this paragraph and no other duty shall be implied from any provision hereof. Lender shall not be under any obligation or duty to perform any act with respect to the account collateral which would cause it to incur any expense or liability or to institute or defend any suit in respect hereof, or to advance any of its own monies. Borrower shall indemnify and hold Lender, its employees and officers harmless from and against any actual loss, cost or damage (including, without limitation, attorneys' fees and disbursements) incurred by Lender in connection with the transactions contemplated hereby with respect to the account collateral, except as such may be caused by the gross negligence or willful misconduct of Lender, as determined by a court of competent jurisdiction by final and nonappealable judgment. Lender shall be protected in acting upon any notice, resolution, request, consent, order, certificate, report, opinion, bond or other paper, document or signature believed by it in good faith to be genuine, and, in so acting, it may be assumed that any person purporting to give any of the foregoing in connection with the provisions hereof has been duly authorized to do so. 100506099.1306-99056031 4 Page 463 of 479 11. All parties to this Agreement acknowledge that no interest will be paid to them on any funds while held by Lender pursuant to this Agreement. All parties to this Agreement acknowledge that, in addition to the fees payable to Lender for its services, Lender may receive ancillary benefits from the use of the funds while held in escrow. 12. This Agreement is not intended by any of the undersigned to give any benefits, rights, privileges, actions or remedies to any person, partnership, firm or entity — other than the CRA, City, Lender, and Borrower— as a third party beneficiary or otherwise under any theory of law. 13. This Agreement may be executed in any number of counterparts and by the different parties hereto on separate counterparts and each such counterpart shall be deemed to be an original, but all such counterparts shall together constitute but one and the same Agreement. Receipt of an executed signature page to this Agreement by facsimile or other electronic transmission shall constitute effective delivery thereof. 14. All notices, demands, designations, certificates, requests, offers, consents, approvals, appointments and other instruments given pursuant to this Agreement (collectively called "Notices") shall be in writing and given by (a) hand delivery or (b) recognized express overnight delivery service and shall be deemed to have been delivered upon (i) receipt, if hand-delivered, (ii)the next Business Day, if delivered by express overnight delivery service, or, if delivery is refused, the date on which the delivery is refused. Notices shall be provided to the parties and addresses specified below: If to Lender: TD BANK, N.A. 21845 Powerline Road, Second Floor Boca Raton, Florida 33433 Attention: Mario Facella with a copy to: Stearns Weaver Miller Weissler Alhadeff and Sitterson, P.A. 150 West Flagler Street Suite 2200 Miami, FL 33130 Attention: Barbara J. Ferrer, Esq. If to Borrower: WELLS LANDING APARTMENTS LLC 7735 NW 146th Street, Suite 306 Miami Lakes, Florida 33016 Attention: Lewis Swezy 100506099.1306-99056031 5 Page 464 of 479 with a copy to: Nelson Mullins Riley& Scarborough LLP 390 North Orange Avenue, Suite 1400 Orlando, Florida 32801 Attention: Randal M. Alligood, Esq. If to CRA: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY 100 E. Ocean Avenue Boynton Beach, Florida 33435 Attention: Thuy Shutt, CRA Executive Director With a copy to: Lewis, Longman &Walker, PA Attn: Tara Duhy 360 S. Rosemary Avenue, Suite 1100 West Palm Beach, FL 33401 If to City: CITY OF BOYNTON BEACH P.O. Box 310 Boynton Beach, FL 33425 Attention: Lori Laverriere, City Manager 100506099.1306-99056031 6 Page 465 of 479 IN WITNESS WHEREOF, the parties hereto have entered into this Consent and Funding Agreement as of the date first set forth above. LENDER: BORROWER: TD BANK, N.A. WELLS LANDING APARTMENTS LLC, a Florida limited liability company By: By: Wells Landing Manager, LLC, a Florida Mario Facella, Senior Lender limited liability company, its manager By: Lewis Swezy, Manager CRA: BOYNTON BEACH COMMUNITY REDEVELOPMENT AGENCY By: Name: Ty Penserga Title: Chair CITY: CITY OF BOYNTON BEACH By: Name: Ty Penserga Title: Mayor City Attorney's Office Approved as to form and legality By: 100506099.1306-99056031 Page 466 of 479 EXHIBIT "A" PROJECT BUDGET Wells Landing Apartments City of Boynton Beach Development Sources and Uses SOURCES Sources First Mortgage - Permanent $10,685,000 First Mortgage (subject to stabilization) $1,115,000 Tax Credit Equity $16,335,000 City Grant $625,750 City Grant $500,000 CRA Subsidy funding $433,000 CRA Subsidy funding $2,025,815 TIRFA Funding $1,638,280 Deferred Developer Fee $1,975,074 Total Sources $35,332,919 USES Uses Total Construction Costs $24,925,277 Total General Development Costs $4,092,259 Total Financial Costs $503,638 Total Developer Fee $4,536,745 Land Cost- net $1,275,000 Total Uses of Funds $35,332,919 100506099.1306-99056031 8 #10200479 vll Page 467 of 479 k{ a ¢I a p O4 k',I, ,`t KI ff ;4kn � ��k w kill qy� k ,(s, dP ' � r rai s 1012 i t � agA. £ �� .• 46 C Y m k hf { ;PbF CO QUAr 01 cu t �' i fit r � n5j �i' FwzMa�wF k pFN � Y� ` u`'tom i ibr1 E, alifiai. 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Lff- --- I i 1 RESOLUTION R21- 166 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE ARPA 5 SUBRECIPIENT AGREEMENT, IN A FINAL FORM ACCEPTABLE TO THE 6 CITY ATTORNEY, BETWEEN THE CITY OF BOYNTON BEACH AND 7 WELLS LANDING, LLC., IN THE AMOUNT OF $500,000.00 FOR THE USE 8 OF AMERICAN RESCUE PLAN ACT (ARPA) FUNDS TO COVER THE 9 INCREASED CONSTRUCTION COSTS DUE TO THE COVID-19 10 PANDEMIC.; AND PROVIDING AN EFFECTIVE DATE. 11 12 WHEREAS, November 4, 2020 the City Commission approved the North and South 13 Project Site Plan Applications of Wells Landing, LLC., for an affordable housing and commercial 14 development on Martin Luther King Blvd; and 15 WHEREAS, Wells Landing, LLC., has identified a shortfall of approximately $4.9 Million 16 due to the rise in construction costs (20-30%) and the State's reduction in rent as a result of 7 the pandemic which decreased Wells Landing's ability to secure approximately $1 Million in 18 loan for the project; and 19 WHEREAS, the project is currently in the City for building permit review and permit 20 issuance is expected very soon, therefore, if the shortfall can be filled, Wells Landing has 21 committed to delivering the project in 12 months; and 22 WHEREAS, the City Commission deems it to be in the best interest of the citizens and 23 residents to approve and authorize the Mayor to sign the ARPA Subrecipient Agreement, in a 24 final form acceptable to the City Attorney, between the City of Boynton Beach and Wells 25 Landing, LLC., in the amount of $500,000.00 for the use of American Rescue Plan Act (ARPA) 26 funds to cover the increased construction costs due to the COVID-19 pandemic. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 28 BOYNTON BEACH, FLORIDA, THAT: S:',(WRESO'�AgreementsGrants'ARPA SubRecipient Agreement with Centennial-Reso.docx 1 Page 476 of 479 29 Section 1. The foregoing ''VVheneas" clauses are hereby ratified and confirmed as 30 being true and correct and are hereby made a specific part of this Resolution upon adoption 31 hereof. 32 Section 2. The City Commission of the City of Boynton Beach. Florida does hereby 33 authorize the Mayor to sign the ARPA SubrecipientAB/eennent between the City of Boynton � 34 Beach and VVe||s Landing. LLC, in the amount of $50O.080.00 for the use of American Rescue 35 Plan Act (ARPA) funds to cover the increased construction costs due to the [DVlD 19 36 pandemic., a copy of the Agreement in a final form acceptable to the City Attorney is attached 37 hereto as Exhibit ^A" l& Section 3. This Resolution will become effective immediately upon passage. 39 PASSED AND ADOPTED this 30thday ofNovember, 2O21 40 CITY OF BOYNT{)N BEA[H, FLORIDA 4| YES NO 42 43 Mayor— Steven B. Grant 44 45 Vice Mayor—Woodrow L. Hay 46 47 Commissioner—Justin Katz 48 49 Commissioner— Christina L Rome|us 50 51 Cornnnissioner—Ty Penserga 52 �� 53 VOTE `^ " 54 ATTEST: 55 56 ` , 57 Cr/sta| Gibson, MMC 0 City Clerk 59 60 (Corporate Seal) ^ a�c»ncscxAgreemoux�v �AnrxxuwReuipio*Agreement witcvmmoia| meso.am` 2 Page 477 of 479 3 1 RESOLUTION NO. R19-101 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 3 APPROVING AND AUTHORIZING THE MAYOR TO SIGN AN i6 4 ! INTERLOCAL AGREEMENT BETWEEN THE CITY OF BOYNTON I 5 BEACH AND THE BOYNTON BEACH COMMUNITY 6 REDEVELOPMENT AGENCY TO PROVIDE FINANCIAL SUPPORT 7 TO WELLS LANDING, LLC IN ASSOCIATION WITH THEIR I 8 APPLICATION FOR THE 9% TAX CREDIT FOR LOW INCOME 9 HOUSING TAX CREDITS AND SIGN ANY RELATED 10 APPLICATION DOCUMENTS TO CONFIRM SUCH SUPPORT ; AND 11 PROVIDING AN EFFECTIVE DATE. 12 WHEREAS, On September 10, 2019, the Boynton Beach Community Redevelopment t 13 Agency (CRA) Board approved an Interlocal Agreement with the City of Boynton Beach for t 14 funding of the Local Government Contribution match of $625,750 in connection with Wells I 15 Landing LLC project in connection with their application for 9% Low Income Housing "fax 16 Credit Program; and 17 WHEREAS thea application requires the Local Government which is the Cit of pp q Y 18 Boynton Beach, to verify the contribution amount of$625,750 as part of Wells Landing, LLC 19 (Centennial Management Corporation) application submission; and II 20 WHEREAS, the Interlocal Agreement that is being recommended provides for the 21 financial support to be paid by the Boynton Beach Community Redevelopment Agency which 22 contribution is dependent upon Centennial Management Corporation's 9% LIHTC Program i 23 application being successful; and 24 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the i 25 recommendation of staff, deems it to be in the best interests of the City residents to approve and 1 26 authorize the Mayor to sign an Interlocal Agreement with the Boynton Beach Community 27 Redevelopment Agency to provide financial support to the Wells Landing, LLC in association 28 with their application for the 9% tax credit for Low Income Housing Tax Credits and sign any 29 related application documents to confirm such support. 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 31 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: I C\Users\Stanzionet\Appdata\Local\Microsoft\Windows\InetcacheAIl✓A94XIWK7N\ILA_With_CRA_For_Wells_I..anding_Financial_Support Reso.Docx f Page 478 of 47 32 Section 1. Each Whereas clause set forth above is true and correct and incorporated 33 [ herein by this reference. 1 34 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 35 approve and authorize the Mayor to sign the Interlocal Agreement between the City of Boynton 36 Beach and the Boynton Beach Community Redevelopment Agency to provide financial support 37 to the Wells Landing, LLC in association with their application for the 9% tax credit for Low 38 Income Housing Tax Credits and sign any related application documents to confirm such 39 support, a copy of said Interlocal Agreement is attached hereto as Exhibit "A". 40 Section 3. That this Resolution shall become effective immediately upon passage. f 41 PASSED AND ADOPTED this day of Y , 2019. f 42 CITY OF BOYNTON BEACH, FLORIDA 43 44 YES NO 45 46 Mayor— Steven B. Grant 47 48 Vice Mayor— Justin Katz 49 50 Commissioner—Mack McCray 51 52 Commissioner— Christina L. Romelus 53 54 Commissioner—Ty Penserga 55 56 ; VOTE 57 ATTEST: 58 59 60 61 Cr tal Gibson, MMC 62 j City Clerk n 63 b� 64 "ABB k 65 (Corporate Seal) �� a 66 1920 ID I E ✓ � a r p� eF E�E!`t0,a,hM r4ro C\Users\Stanzionet\AppdataALocal\Microsoft\Windows\lnetcacheAIE\94X 1WK7N\1L.A_With.CRA_For.Wei Is—Landing—Financial—Support Reso.nocx Page 479 of 47