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Agenda 08-16-22
The City of Boynton Beach City Commission Agenda Tuesday, August 16, 2022, 6:00 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 1) Commissioner Woodrow L. Hay (District 11) Commissioner Thomas Turkin (District 111) Commissioner Aimee Kelley (District IV) James Stables, Interim City Manager Michael Cirullo, City Attorney Maylee DeJesus, City Clerk *Mission* To create a sustainable community by providing exceptional municipal services, in a financially responsible manner. www. boynton-beach.org Page 1 of 735 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: Page 2 of 735 1. Watch the meeting online, but not participate: You may watch the meeting via the GoToWebinar platform. Visit the City's website at www.boynton-beach.org to access the up-to-date link to the meeting. 2. Watch the meeting online and provide public comment 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 Mavlee De Jesus, City Clerk at cityclerk@bbfl.us or (561) 742-6061. Page 3 of 735 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Chuck Brannon, Gateway Community Church Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. 3. Announcements, Community And Special Events And Presentations A. Announce that the City of Boynton Beach Pioneer Canal Boat Ramp and Observation Deck project has been nominated as one of the top 10 finalists for the Niagara Perk Your Park Project. 3 projects will be selected to receive $75,000 based on receiving the most votes from the public. Voting takes place at www.niagaraperkyourpark.com. Participants can vote once each day through September 12th. B. Announcement for the public to participate in the Parks System Master Plan Online Survey at www. ReimagineRecreationBoynton.com from August 8 through September 8, 2022. C. Announcement of change to free chlorination of the water supply from August 17, 2022 through September 6, 2022. D. Proclamation recognizing August 21, 2022 as Senior Citizens Day. Sandra Watson, Senior Advisory Board Chair, will accept the proclamation. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Proposed Resolution No. R22-107- Ratify the approvals made by the South Central Regional Wastewater Treatment and Disposal Board on April 25, 2022, giving authorization for the following: 1. Establish wastewater user rate at 1.12/1,000 Gal (O&M rate of $1.07/1,000 Gal and R&R Reserves Rate of $0.05/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2022/2023; 2. Establish reclaim user rate at $0.18/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2022/2023; 3. Authorize the Fiscal year Capital Improvement Plan and Associated Funding Plan for Page 4 of 735 Fiscal Year 2022/2023; 4. Accept the 2022/2023 Wastewater and Reclaim O&M Budgets. B. PROPOSED RESOLUTION NO. R22-108 Approve and Authorize the Mayor to sign the Subrecipient Agreement six-month extension with Boynton Beach Faith -Based Community Development Corporation, Inc., for the Community Development Block Grant - Corona Virus Cares Act Allocations 1 & 3; Emergency Rental Assistance Program adopted in Resolution No. R21-109, expanding the scope of service to include utility assistance. C. Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities under $100,000 as described in the written report for August 16, 2022 - "Request for Extensions and/or Piggybacks." D. Accept the Fiscal Year 2021-2022 Budget Status Report of the General Fund and the Utilities Fund for the 9 -month period which ended June 30, 2022, unaudited. E. Proposed Resolution No. R22-109- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. F. Legal expenses - June 2022 - Information at the request of the City Commission. No action required. G. Approve minutes from the July 11, 2022, July 12, 2022, and July 13, 2022 Budget Workshops, and the August 2, 2022 City Commission Meeting. 7. Consent Bids And Purchases Over $100,000 A. Approve the purchase of site furnishings for Intracoastal Park from Victor Stanley as a sole source vendor. The estimated expenditure is $123,417.00 B. Approve an increase in the estimated annual expenditure for the Bid for Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater from $500,000 to $2,000,000 for the period of May 8, 2022 to May 7, 2023. C. Proposed Resolution No. R22-110- Approve and authorize the Mayor to sign the extension of the Florida Inland Navigation District project agreement for the replacement of boat ramp and docks at Harvey E. Oyer, Jr. Park through September 30, 2023. D. Approve an increase to the estimated annual expenditure with Clean Space from $250,000 to $325,000 for the period of the City Bid 010-2511-19/ITwhich expires on February 28, 2023. E. 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 August 16, 2022 - "Request for Extensions and/or Piggybacks." F. Approve the employee group medical, dental, vision, long term disability, and short term disability insurance programs and recommended employer subsidies for Fiscal Year 22-23 and authorize City Manager to sign any required documents. (1) PROPOSED RESOLUTION NO. R22-111 - Approve and authorize City Manager to sign documents with United Healthcare for City's group Medical Insurance for the plan year October 1, 2022 through September 30, 2023; (2) PROPOSED RESOLUTION NO. R22-112 - Approve and authorize City Manager to sign documents with United Healthcare for City's group Dental Insurance for the plan year October 1, 2022 through September 30, 2023; (3) PROPOSED RESOLUTION NO. R22-113 - Approve and authorize City Manager to sign documents with United Healthcare for City's group Vision Insurance for the plan year October 1, 2022 through September 30, 2023; (4) PROPOSED RESOLUTION NO. R22-114 - Approve and authorize City Manager to sign Page 5 of 735 documents with Unum for City's group Short Term Disability and Long Term Disability Insurance for the plan year October 1, 2022 through September 30, 2023 8. Public Hearing 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. 9. City Manager's Report - None 10. Unfinished Business A. Proposed Resolution No. R22-099 - Approve First Substantial Amendment to the CDBG Annual Action Plan Fiscal Year (FY) 2021, to reallocate leftover funds from FY 2015, 2016, 2017, 2018, 2019, and 2020, to fund a public improvement activity. B. Discuss proposal from Palm Beach County Sheriff's Office (PBSO) for Law Enforcement Services, Municipal Police Officers' Retirement Fund and provide direction to staff on whether to proceed with the next phase, contract negotiations. C. City Commission will continue discussion on the City Manager search. Each Commissioner to prepare their individual list of top 5 candidates and come to consensus as a group on the top 3 candidates to move forward in the process with. 11. New Business A. Discussion on regulating Short term/Vacation Rentals based on initial research provided by staff and provide direction to staff relative to establishing local standards. B. Discussion on Advisory Boards providing an report to the City Commission, requested by Commissioner Kelley. 12. Legal - None 13. Future Agenda Items A. Discussion on a potential park in Leisureville, requested by Vice Mayor Cruz - September 8, 2022, as part of the Budget Adoption. B. Research feasibility of Solar Panels on City buildings, requested by Mayor Penserga - September 8, 2022. C. Discussion on draft height ordinance - Tentatively scheduled for September 8, 2022, pending review by Planning & Development Board in August 2022. D. Discussion on the Red Light Camera Program requested by Commissioner Turkin -September 8, 2022 E. Discussion on observing Juneteenth as a City holiday, requested by Commissioner Hay - September 8, 2022 F. Local Rules and Procedures for Commission Meetings, requested by Mayor Penserga - October 4, 2022 G. Consider a LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Vice Mayor Cruz -To be scheduled for Commission agenda once it has gone to the Planning & Development Board in September 2022. H. Report on the status of infrastructure within the City, requested by Mayor Penserga - October 18, 2022 Page 6 of 735 Commission discussion on staff research of legal options to help mitigate rental prices and tenant rights, requested by Mayor Penserga - October 18, 2022 Additional homestead for low income seniors, requested by Mayor Penserga - October 18, 2022 K. Draft Ordinance on Civility & Decorum - October 18, 2022 14. Adjournment Notice If aperson decides to appeal to any decision made by the City Conmrrission 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 nude, which record includes the testimony and evidence upon which the appeal is to be based. (F.S. 286.0105) The city shall fumish appropriate auxiliary aids and services where necessary to attord 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 Clerk's office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate yourrequest. Additional agenda items may be added subsequent to the publication ofthe agenda on the city's web site. Information regarding items added to the agenda after it is published on the city's web site can be obtained from the office of the City Clerk. Page 7 of 735 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/16/2022 Requested Action by Commission: Call to Order - Mayor Ty Penserga Roll Call Invocation by Pastor Chuck Brannon, Gateway Community Church Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley 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: 1.A. Opening Items 8/16/2022 Page 8 of 735 Requested Action by Commission: Informational items by the Members of the City Commission. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 2.A. Other 8/16/2022 Page 9 of 735 3.A. Requested Action by Commission: Announce that the City of Boynton Beach Pioneer Canal Boat Ramp and Observation Deck project has been nominated as one of the top 10 finalists for the Niagara Perk Your Park Project. 3 projects will be selected to receive $75,000 based on receiving the most votes from the public. Voting takes place at www.niagaraperkyourpark.com. Participants can vote once each day through September 12th. Explanation of Request: City of Boynton Beach Pioneer Canal Park Redesign Boat Launch and Observation Deck project was selected to participate in the Niagara Perk Your Park Project contest. The projects nominated were selected to encourage the community to connect to nature. Each community must vote to show support for the project. The top three projects will receive $75,000 to fund the project. Visit www.niagaraperkyourpark.com to vote starting August 1 through September 12. You can vote using your email once each day. How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget for this item. Alternatives: Not to make the announcement. Strategic Plan: High Performing Organization Strategic Plan Application: Grant Funding to improve Pioneer Canal Park Climate Action Application: No Climate Action Application Is this a grant? Grant Amount: Attachments: Page 10 of 735 3.B. Requested Action by Commission: Announcement for the public to participate in the Parks System Master Plan Online Survey at www. ReimagineRecreationBoynton.com from August 8 through September 8, 2022. Explanation of Request: The City's Parks System Master Plan is currently in the process of being updated and public input from residents is essential for developing recommendations for the future vision of the City's parks. Thus far, public input has been collected through four public input meetings (two virtual and two in person were held in June, 2022) and a mail -in survey that was sent to households at random to provide statistically valid data. This online survey is the 3rd method for collecting public input. It is open to any member of the public and is another way for residents and park patrons to participate in creating the vision for the City's parks. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: High Performing Organization Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 11 of 735 3.C. Requested Action by Commission: Announcement of change to free chlorination of the water supply from August 17, 2022 through September 6, 2022. Explanation of Request: In order to ensure highest quality potable water, Boynton Beach Utilities will temporarily modify the disinfection process utilized to treat its drinking water from August 16, 2022 through September 6, 2022. Customers may notice a slight chlorine taste or odor in their tap water. These temporary conditions will not cause adverse health effects. Those sensitive to the taste or odor of chlorine can place an open container of drinking water in the refrigerator for a few hours to allow the chlorine to dissipate. Users of home dialysis machines, owners of tropical fish and managers of stores and restaurants with fish and shellfish holding tanks are advised to seek professional advice as the method for removing chlorine residuals differs from removing chloramine residuals from their water. This is a preventative maintenance process in order to ensure that potable water delivered to the customer is of the highest quality. For more information, please call 561-742-6964. How will this affect city programs or services? There will be no impact. The quality of the water supply will be maintained. Fiscal Impact: There is no fiscal impact to the budget for this item. Alternatives: N/A. Strategic Plan: Public Health and Safety Strategic Plan Application: Maintaining public drinking water distribution system. Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 12 of 735 Ty pe Description Firee Chloriinablon lFlulbllic INotice Ilse wailer cusk.)irners Page 13 of 735 PUBLIC NOTICE TO WATER SYSTEM CUSTOMERS OF THE CITY OF BOYNTON BEACH UTILITY The City of Boynton Beach Water Utility will be temporarily changing its water treatment disinfection process to free chlorination beginning Wednesday, August 17, 2022 through Tuesday, September 6, 2022. This is a standard practice process in which we switch to a stronger disinfection method in order to ensure that the potable water delivered to the customer is of the highest quality. As a result, the customer may notice a slight change in odor and taste in their water; otherwise, there will be no adverse effects. Customers particularly sensitive to the taste and odor of chlorine may keep an open container of drinking water in their refrigerators for a few hours to allow the chlorine to dissipate. Because of this change, users of home dialysis machines, owners of tropical fish aquariums and managers of stores and restaurants with holding tanks for fish and shellfish are advised to seek professional guidance on how to operate their equipment during this period as the method for removing chlorine residuals differs from removing chloramine residuals from tap water. Any changes will be eliminated when the Utility reverts to our normal disinfection method at the end of this chlorine flush period. Please be assured that this is a routine procedure and that there are no problems with your water supply. If you would like further information on this matter, please call our Water Quality Division at 742-6964 during working hours Monday through Friday. Page 14 of 735 3.D. Announcements, Community and Special Events and Presentations 8/16/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/16/2022 Requested Action by Commission: Proclamation recognizing August 21, 2022 as Senior Citizens Day. Sandra Watson, Senior Advisory Board Chair, will accept the proclamation. Explanation of Request: Each year on August 21, the country observes National Senior Citizens Day to raise awareness about issues that affect senior citizens and their quality of life. Senior Citizens play an important role in our society as they help us understand the past while teaching us life lessons for the future. Seniors are valued due to their achievements, knowledge, and contributions to society. How will this affect city programs or services? No affect on City Programs or Services. Fiscal Impact: There is no fiscal impact to the budget. Alternatives: Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description D Addenduirn C:: �iirc:kclaimation... Senior Citizen Il:::)ay Page 15 of 735 f)roelamafion WHEREAS, August 21`t marks the 32' anniversary of World Senior Citizen Day; and WHEREAS, With Proclamation 5847, made on August 19', 1988 US President Ronald Reagan proclaimed August 21 `t of each year to be National Senior Citizen Day; and WHEREAS, the United States of America, Senior Citizens are considered at 60 years of age in some cases people who are 55 years of age can be recognized as Senior Citizens. According to the United States Census Bureau by the year 2035, there will be 78 million citizens over the age of 65 living in the United States; and WHEREAS, The City of Boynton Beach includes a growing number of senior citizens who contribute their strength, wisdom, and experience in our community; and WHEREAS, The City of Boynton Beach recognizes our need to create a community that provides the services and supports senior citizens need to thrive and live independently for as long as possible; and WHEREAS, The City of Boynton Beach works to support senior citizen residents through recreation activities, social engagement, mental health education, and volunteer opportunities; and NOW, THEREFORE, I, Ty Penserga, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, do hereby proclaim August 21, 2022, as Senior Citizens Day. We urge every resident to recognize the contributions of our senior citizens, help to create an inclusive society, and join efforts to support senior citizens. SENIOR CITIZENS DAY 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 16th day of August, Two Thousand and Twenty -Two. Ty Penserga Mayor ATTEST: Maylee De Jesus, MMC City Clerk Consent Agenda 8/16/2022 Requested Action by Commission: Proposed Resolution No. R22-107- Ratify the approvals made by the South Central Regional Wastewater Treatment and Disposal Board on April 25, 2022, giving authorization for the following: 1. Establish wastewater user rate at 1.12/1,000 Gal (O&M rate of $1.07/1,000 Gal and R&R Reserves Rate of $0.05/1,000 Gal) to Delray Beach and Boynton Beach for Fiscal Year 2022/2023; 2. Establish reclaim user rate at $0.18/1,000 Gal to consumers Delray Beach, Boynton Beach and South Central Regional for Fiscal year 2022/2023; 3. Authorize the Fiscal year Capital Improvement Plan and Associated Funding Plan for Fiscal Year 2022/2023; 4. Accept the 2022/2023 Wastewater and Reclaim O&M Budgets. Explanation of Request: On April 25, 2022, the South Central Regional Wastewater Treatment & Disposal Board held its Regular Quarterly meeting. At that time, the Board took action on the items that are now before the City Commission for ratification. The City Commission ratification is the confirmation process for the action taken by the South Central Regional Wastewater Treatment and Disposal Board. The City of Delray Beach Commission also ratified these items on July 19, 2022. How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Page 17 of 735 Ty pe Resolution Addeinduirn Description FResok.Alon lens, x'2...107 approving iratifr1icaillon of tIhe SC.,FRW F1 Board April 25 2022 Quarteirly Meetling 13 C FRW T I YB IRanfificatioin of April 25, 2022 Page 18 of 735 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION NO. R22-107 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RATIFYING THE APPROVALS MADE BY THE SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD, AT THE APRIL 25, 2022 QUARTERLY MEETING, AS STATED HEREIN; AUTHORIZING AND DIRECTING THE CITY MANAGER AND CITY CLERK TO SIGN SAID RATIFICATIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The South Central Regional Wastewater Treatment & Disposal Board (SCRWTDB) requests ratification of the actions taken by the Board at the Quarterly Meeting of April 25, 2022, as set forth on the attached Exhibit "A", and authorizes the City Manager and City Clerk to execute said Ratifications. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission does hereby ratify the actions taken by the South Central Regional Wastewater Treatment & Disposal Board on April 25, 2022, as set forth on the attached Exhibit 'A and authorizes the City Manager and City Clerk to sign said Ratifications. Section 3. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this day of August, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley 1 S:ACA\RESO\SCRWTDB Quarterly Meetings April 2022 Ratification - Reso.Docx VOTE YES NO Page 19 of 735 45 46 47 48 49 50 51 52 53 54 55 56 57 58 ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 2 S:ACA\RESO\SCRWTDB Quarterly Meetings April 2022 Ratification - Reso.Docx Page 20 of 735 SOUTH CENTRAL REGIONAL WASTEWATER Exhibit "A" TREATMENT AND DISPOSAL BOARD 1801 North Congress Avenue • Delray Beach, Florida 33445 BOARD ') lblephonc City Council Members of (561) 272-7061 (561) 739-2577 Boynton Beach & Delray Beach A Fax: (561) 265.2357 www.scrwwtp.org RATIFICATION OF SOUTH CENTRAL REGIONAL WASTEWATER TREATMENT AND DISPOSAL BOARD ACTION OF APRIL 25, 2022 WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on April 25, 2022, by a vote of 5-0, did give AUTHORIZATION TO ESTABLISH WASTEWATER USER RATE AT 1.12/1,000 GAL (O&M RATE OF $1.07/1,,000 GAL AND R&R RESERVES RATE OF $0.05/1,000 GAL) TO DELRAY BEACH AND BOYNTON BEACH FOR FISCAL YEAR 2022/2023; AND FUND DEBT SERVICE BASED ON OWNERSHIP. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on April 25, 2022, by a vote of 5-0, did give AUTHORIZATION TO ESTABLISH RECLAIM USER RATE AT $0.18/1,000 GAL TO CONSUMERS DELRAY BEACH, BOYNTON BEACH AND SOUTH CENTRAL REGIONAL FOR FISCAL YEAR 2022/2023. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on April 25, 2022, by a vote of 5-0, did give AUTHORIZATION FOR THE CAPITAL IMPROVEMENT PLAN. WHEREAS, the South Central Regional Wastewater Treatment and Disposal Board on April 22, 2022, by a vote of 5-0, ACCEPTED THE 2021/2022 WASTEWATER AND RECLAIM O&M BUDGETS. WHEREAS, said Board action requires ratification by the City of Boynton Beach and the City of Delray Beach. NOW, THEREFORE, the City of Boynton Beach hereby ratifies said Board action independently, The above action is hereby ratified in open session by the City of Boynton Beach this day of -, 2022, by a ._.....� vote. Page 1 of 2 Page 21 of 735 CITY OF BOYNTON BEACH By: Mayor/City Manager Attest: City Clerk Approved as to form: City Attorney Page 2 of 2 Page 22 of 735 Consent Agenda 8/16/2022 Requested Action by Commission: PROPOSED RESOLUTION NO. R22-108 Approve and Authorize the Mayor to sign the Subrecipient Agreement six-month extension with Boynton Beach Faith -Based Community Development Corporation, Inc., for the Community Development Block Grant - Corona Virus Cares Act Allocations 1 & 3; Emergency Rental Assistance Program adopted in Resolution No. R21-109, expanding the scope of service to include utility assistance. Explanation of Request: The City of Boynton Beach was allocated funds by the U.S. Department of Housing and Urban Development a combined total of $911,184 through the Community Development Block Grant -Corona Virus (CDBG-CV) Cares Act., allocations 1 & 3. As adopted in Resolution No. R21-109, Boynton Beach Faith -Based Community Development Corporation, nc.CDC) received $370,645.00 for Emergency Rental Assistance to benefit Low -to -moderate income (LMI) individuals affected by COVI D. CDC has requested a six-month extension to the subrecipient agreement expiring on August 31, 2022, to be able finish using the remaining funds totaling $ 254,538.75 and continue to assist those LMI individuals affected by COVID. Additionally, CDC has requested to expand the level of service to include utility assistance. Staff recommends approval of the extension request. How will this affect city programs or services? LMI Individuals living in Boynton Beach will continue to benefit from the City's CDBG-CV Emergency Rental Assistance Program. Fiscal Impact: The City will continue to reimburse Faith Based CDC the remaining CDBG-CV funds allocated for the CDBG-CV, Emergency Rental Assistance totaling $254,538.75. Alternatives: N/A Strategic Plan: Building Wealth in the Community, Public Health and Safety Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Yes Grant Amount: 254,538.75 Page 23 of 735 Attachments: Ty pe D Resolution D E)Mibit D Addeinduirn D Addeinduirn Description FResokition INN. 11=822 ...10 qplj,,,)iroviing Iliie Extension to t[ie 1,3u,.jlbir,ec�i�[.)lieiiitAgir,(,�eiryieiritvmitIh the,IC:: oyinton Bead'i Fdlt[i IBased CDC CI..) lB G CV Su.jII)ir,ecilp�ieii-ntAgireeiriieirit Ext(:.,insiioin �R21...109 Boyint(.)in IBeadln IFalidh IC::: ased CDC ... ExB.einsik.:)in I etter, IRequest Page 24 of 735 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION R22-108 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE SUBRECIPIENT AGREEMENT SIX-MONTH EXTENSION WITH BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION, INC., FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT - CORONA VIRUS CARES ACT ALLOCATIONS 1 & 3 EMERGENCY RENTAL ASSISTANCE PROGRAM AND EXPANDING THE SCOPE OF SERVICE TO INCLUDE UTILITY ASSISTANCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Boynton Beach was allocated funds by the U.S. Department of Housing and Urban Development in a combined total of $911,184.00 through the Community Development Block Grant -Corona Virus (CDBG-CV) Cares Act, allocations 1 & 3; and WHEREAS, the Boynton Beach Faith -Based Community Development Corporation, Inc. (CDC) received $370,645.00 for Emergency Rental Assistance to benefit Low -to -moderate income (LMI) individuals affected by COVID; and WHEREAS, CDC has requested a six-month extension to the subrecipient agreement expiring on August 31, 2022, to be able to finish using the remaining funds totaling $ 254538.75 and continue to assist those LMI individuals affected by COVID; and WHEREAS, the CDC is also requesting to expand the level of service to include utility assistance; and WHEREAS, City Staff is recommending to approve and authorize the Mayor to sign the Subrecipient Agreement six-month extension with Boynton Beach Faith -Based Community Development Corporation, Inc., for the Community Development Block Grant - Corona Virus Cares Act Allocations 1 & 3 Emergency Rental Assistance Program and expanding the scope of service to include utility assistance. S:ACA\RESO\Agreements\Grants\CDBG - SabRecipient Agreements CARES ACT Extension - Reso.docx Page 25 of 735 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. 34 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 35 approve and authorize the Mayor to sign the Subrecipient Agreement six-month extension 36 with Boynton Beach Faith -Based Community Development Corporation, Inc., for the 37 Community Development Block Grant - Corona Virus Cares Act Allocations 1 & 3 Emergency 38 Rental Assistance Program and expanding the scope of service to include utility assistance. A 39 copy of the Extension is attached hereto and incorporated herein as Exhibit "A". 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE S:ACA\RESO\Agreements\Grants\CDBG - SabRecipient Agreements CARES ACT Extension - Reso.docx 2 YES NO Page 26 of 735 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\CDBG - SabRecipient Agreements CARES ACT Extension - Reso.docx 3 Page 27 of 735 Exhibit "A" COMMUNITY DEVELOPMENT BLOCK GRANT- CORONA VIRUS CARES ACT AGREEMENT EXTENSION between CITY OF BOYNTON BEACH and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION, INC. THIS AGREEMENT EXTENSION entered into this day of , 20_ is between the CITY OF BOYNTON BEACH, a Florida municipal corporation, hereinafter referred to as "CITY," and BOYNTON BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION, INC. hereinafter referred to as "the SUBRECIPIENT," having its principal office at 2191 North Seacrest Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as 65-0971509. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block (CDBG) Program in the City, for allocations 1 & 3 of the Corona Virus CARES Act Funds, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 1.1 "CDBG" means Community Development Block Grant program. 1.2 "HUD" means the U.S. Department of Housing and Urban Development. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1.5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements 1.6 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Department of HUD. 1.7 "24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to the U. S. Department of HUD. Page 28 of 735 1.8 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 9 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. 1.10 Property: a. "Real Property" means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property. c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. 2. Purpose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article II of this agreement. ARTICLE II FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement Extension will be Two Hundred and Fifty -Fourth Thousand Five Hundred and Thirty -Eight Dollars and 75/100 ($254,538.75). The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services." ARTICLE III FUNDING AND METHOD OF PAYMENT 3.1 The maximum amount payable by the CITY under this Agreement Extension will be Two Hundred and Fifty -Fourth Thousand Five Hundred and Thirty -Eight Dollars and 75/100 ($254,538.75). It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement Extension originated from the federal Community Development Block Program - Allocations 1 & 3 of the Corona Virus CARES Act as stated on approved resolution R21-109. 3.2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments at least once per quarter or unless there is a mutual agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. Page 29 of 735 3.3 Prior to receipt of Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. Funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures being involved. 3.4 Release of funds is subject to the approval of the Director of Financial Services and Community Improvement Manager. ARTICLE IV TERM OF AGREEMENT EXTENSION The term of this Agreement Extension shall be from August 31, 2022 to February 28, 2023. ARTICLE V SUSPENSION AND TERMINATION 5.1 Termination/Suspension of Payments/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD. 5.2 Termination for Convenience of City: The CITY may terminate this Agreement without cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article II of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. Page 30 of 735 ARTICLE VI RECORDS AND REPORTS 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM INCOME The SUBRECIPIENT agrees to expend Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504. ARTICLE VIII PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 2,. and the Federal Accountability and Transparency Act. As set forth at 2 CFR Part 170. 9.2 Federal, State, County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title VIII of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires Page 31 of 735 equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.4 Opportunities for Residents and Civil Rights Compliance: The SUBRECIPIENT agrees that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and Monitorinq: The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.6 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance with OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. Page 32 of 735 The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement. 9.7 Uniform Administrative Requirements: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.8 Lobbying Prohibition: The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.9 Section 3 Requirements: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Clause a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this Page 33 of 735 agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.10 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing coverage that meets the requirements outlined in Attachment C. 9.11 Property Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, Page 34 of 735 at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part with funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or termination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with Applicable Laws: If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. 9.14 Renegotiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, Page 35 of 735 or increases or decreases in budget allocations make changes in this agreement necessary. 9.15 Right to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: a) Keep and maintain 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, Florida Statutes, or as otherwise provided by law. Page 36 of 735 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 Agreement if the SUBRECIPIENT does not transfer the records to the CITY. d) Upon completion of the contract, transfer, at no cost, to the CITY all public records in possession of the SUBRECIPIENT or keep and maintain public records required by the CITY to perform the service. If the SUBRECIPIENT transfers all public records to the CITY upon completion of the contract, SUBRECIPIENT shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. e) If the SUBRECIPIENT keeps and maintains public records upon completion of the contract, the SUBRECIPIENT shall meet all applicable requirements for retaining public records. All records stored electronically by the SUBRECIPIENT 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. The failure of the 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 THE 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: CITY CLERK PO BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061 CITYCLERK(cDBBFL.US 9.19 Scrutinized Companies: By execution of this Addendum, the SUBRECI PI ENT certifies that it is not participating in a boycott of Israel. The SUBRECIPIENT further certifies that it is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, nor has the SUBRECIPIENT 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. Failure to comply shall be deemed a material breach of contract. The CITY shall provide notice, in writing, to SUBRECIPIENT of the CITY's determination of failure to comply. The SUBRECIPIENT shall have five (5) days from receipt of notice to refute such allegation. If such false certification is discovered during the active contract term, the SUBRECIPIENT shall have ninety (90) days following receipt of the notice to respond. If the SUBRECIPIENT does not demonstrate that the CITY's determination of false certification was made in error then the CITY shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. Page 37 of 735 9.20 E -Verify: The SUBRECIPIENT certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. a. Definitions for this Section. i. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. b. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties during the term of the contract; ii. All persons (including subvendors / subconsultants/ subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and iii. 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 Page 38 of 735 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. 9.21 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 39 of 735 IN WITNESS OF THE FOREGOING, the parties have set their hands and seals on this day of .20—. WITNESSES: M Print Print STATE OF FLORIDA COUNTY OF PALM BEACH Title The foregoing instrument was acknowledged before me this day of 20, by Personally Known _ OR Produced Identification _ Type of Identification Produced Seal ATTEST: City Clerk Approved as to form: City Attorney NOTARY PUBLIC Signature Print CITY OF BOYNTON BEACH, FLORIDA By: Mayor Page 40 of 735 RESOLUTION R21-109 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN 5 SUBRECIPIENT AGREEMENTS FOR THE COMMUNITY 6 DEVELOPMENT BLOCK GRANT - CORONA VIRUS CARES ACT 7 ALLOCATIONS 1 &. 3; AS ADOPTED IN RESOLUTION R21-092, 8 FOR THE FY 2019 CDBG CONSOLIDATED/ONE YEAR ACTION 9 PLAN AMENDMENT; AND PROVIDING AN EFFECTIVE DATE. to I t WHEREAS, The City of Boynton Beach was allocated a combined total of $911,184 by 12 the U.S. Department of Housing and Urban Development through the Community 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Development Block Grant - Coronavirus (CDBG-CV) Cares Act., Allocations 1 & 3; and WHEREAS, As Adopted on August 3, 2021, by Resolution R21-092, funds will be used for the following eligible activities: Emergency Rental Assistance $370,645, Public Services/Food Distribution $358,303, and Planning and Administration $182,236; and WHEREAS, City Staff is recommending to Approve and Authorize the Mayor to sign Subrecipient Agreements for the Community Development Block Grant - Corona Virus Cares Act Allocations 1 & 3; as adopted in Resolution R21-092, for the FY 2019 CDBG Consolidated/One Year Action Plan Amendment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section -1., The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. 5ertion 2. The City Commission of the City of Boynton Beach, Florida does hereby 27 approve and authorize the Mayor to sign Subrecipient Agreements for the Community SECAiRESO\AgreerruentsWC.)rsntsiCDBG - SubRecipient Agreemer7ts CARES ACT - Reso.docx Page 41 of 735 28 Development Block Grant - Corona Virus Cares Act Allocations 1 & 3; as adopted in Resolution 29 R21-092, for the FY 2019 CDBG Consolidated/One Year Action Plan Amendment. 30 Section 3. This Resolution will become effective immediately upon passage. 31 PASSED AND ADOPTED this 8th day of September, 2021. 32 CITY OF BOYNTON BEACH, FLORIDA 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 ATTEST: 50 51 52 53 Costal Gibson, MMC 54 City Clerk 55 56 57 58 (Corporate Seal) 59 Mayor — Steven B. Grant Vice Mayor — Woodrow L. Hay Commissioner —Justin Katz Commissioner —Christina L. Romelus Commissioner — Ty Penserga MM S:4CA\RESOAgreements`(:' fants%CDBG - SubRLcipierit Agrermcnts CARES ACT - Reso.dwx 2 YES NO Page 42 of 735 COMMUNITY DEVELOPMENT BLOCK GRANT- CORONA VIRUS CARES ACT - - ------------------------ AGREEMENT between CITY OF BOYNIQN BEACH J_ and BOYNTON _BEACH FAITH:RASE!2.QMMQNIIY_QE.V.ELOP MEt4T CORPORATION THIS AGREEMENT entered into this a2i. day of 2011s between the CITY OF BOA NTON BEACH, a Florida municipal corpDor tion, hereinafter referred to as "CITY," and BOY TOIL BEACH FAITH -BASED COMMUNITY DEVELOPMENT CORPORATION hereinafter referred to as "the SUBRECIPIENT," having its principal office at 2191 North Seacrest Boulevard, Boynton Beach, Florida 33435 and its Federal Tax Identification Number as §6L5-0971509. W I T N E S S E T H: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block (CDBG) Program in the City, for allocations I & 3 of the Corona Virus CARES Act Funds, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program, NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPOSE 1. Definitions 11,11 'CDBG' means Community Devetopment Block Grant program, 12 "HUD" means the US. Department of Housing and Urban Development, 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1Z "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements 1,6 "24 CFR' refers to the Section of the Code of Federal Regulations pertaining to the U & Depariment of HUD. 1,7 '24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to the U, S. Department of HUD, Page 43 of 735 1,8 "Program Income" means gross income received directly generated or earned from the use of CDBG funds. Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant, 1.9 "Low- and Moderate -In me" means a household whose income is within specified income limits set forth by HUD. 1,10 Property: a. 'Real Property' means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. "Personal Property" means personal property of any kind except real property, c, "Nonexpenclable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, With a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. "Expendable Personal Property" means all tangible personal property other than nonexpendable property. The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT W11 implement the Statement of Work set forth in Article 11 of this agreement, ARTICLE It FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Three Hundred and Seventy Thousand Six Hundred and Forty -Five Dollars and 00/100 WZQ,64rte QQ), The SUBRECIPIENT shall carry out the activities specified in Attachment A, 'Scope of Services," ARTICLE III FUNDING AND METHOD OF PAYMENT ...................... ........... .......... ... 3.1 The maximum amount payable by the CI-T`Y under this Agreement will be Three Hundred and Seventy Thousand, Six Hundred and Forty -Five Dollars and 00/100 ($ ), it wm is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal Community Development Block Program - Allocations I & 3 of the Corona Virus CARES Act. Funds. One Hundred and Forty -Three Thousand and Sixty -Nine Dollars and 00/100L$14369�00 from alto ,0 11 cation 1 and Two � Hundred and Twenty -Seven Thousand, Five Hundred and Seventy -Six Dollars and 001100 (L;L27,&Z�,0Q) from allocation 3. These funding is contingent upon approval and funding by HUD, SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that have not been approved and funded by HUD, 3,2 The CITY W11 be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments at least once per quarter or unless there is a mutual agreement otherwise. Bills shall be submitted by the SUI RECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. Page 44 of 735 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and Complete reports and records required by this Agreement. 3.3 Prior to receipt of Community Development Block Program - allocations I & 3 of the Corona Virus CARES Act. Funds (through reimbursement), SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures being involved. 3.4 Release of funds is subject to the approval of the Director of Financial Services and Community Improvement Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from March 1, 2020 to August 31, 2022. ARTICLE V SUSPENSION AND TERMINATION 5.1 Terminat[QrVSus _ensi D,&ff!gy @D!§1Ag[@@Mgnt for Cause: If through any cause either ... ....... . . Cause:: .......... . . . . . . . . . ....... - party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a, ineffective or improper use of CDBG funds, b. failure to comply with the Statement of Work or terms of this Agreement, c, failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD, 5.2 Tprminatl9D,,,,for Convenience of City: The CITY may terminate this Agreement without L_ "I'll cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination. 5.3 Termination for Convenience of the SUBRECIPIENT:, At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this Agreement upon ten (10) working days written notice to the CITY. Upon termination, the Page 45 of 735 SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6,2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance wish this Agreement. T The SUBRECIPIENT agrees to expend Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 570.504, ARTICLE Vill PUBLICITY The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and Signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX GENERAL CONDITIONS 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numb ' ering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 2,. and the Federal Accountability and Transparency Act. As set forth at 2 CFR Part 170. 9.2 Federal, State.„ and CITY Laws and Regulations: The SUBRECIPIENT shall "I'l""I'll""I'llIll""I'll"""-.,-.I.I � — 'Y'll-1-11,11,111,11,'I'll���-���-�-���I comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, Page 46 of 735 or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vill of the Civil Rights Act of 1968, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L 94-163) which requires mandatory standards and policies relating to energy efficiency. The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPIENT shall comply with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not limited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction. 9.3 Other Program Requirements: The SUBRECIPIENT shall comply with all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that'. a. The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52. 9.4 O,r p ,1,)9qunities for Re, Ppm �Jiance,:, The SUBRECIPIENT agrees that no person shall on the groundis"' of race, color, national origin, religion, or sex be excluded from the benefits of, or be subjected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment; and to the greatest feasible extent, eligible business concerns located in or owned in substantial part by persons residing in the project areas shall be awarded contracts in connection with the project. 9.5 Evaluation and M9n#9!jM The SUBRECIPIENT agrees that the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the continuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBRECIPIENT shall submit on a schedule set by the CITY and at other times upon request, information and status reports required by the CITY to enable the evaluation of said progress and to allow for completion of reports required of the CITY by HUD. The SUBRECIPIENT shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. 9.6 Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards shall have a single or program specific audit conducted accordance With OMB A-133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance with OMB A-133, although their records must be available for review. These agencies are required by the CITY to submit "reduced scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more than 12 months and an audit shall be submitted covering each assisted Page 47 of 735 period until all the assistance received from this agreement has been reported on. A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRECIPIENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the ten*ns of this agreement. 9.7 Uniform Administrative ReqqjEement�: The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements: a. Specific provisions of the uniform administrative requirements of OMB Circular A-110, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations." b. OMB Circular A-122 "Cost Principles for Non -Profit Organizations" (a list of allowable and unallowable costs appears in Attachment B). c. Applicable provisions of 24 CFR 570.502. 9.8 Lg�bbjn The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the entering into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement. The SUBRECIPIENT shall disclose to the CITY if any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9.9 Section 3 RqqqjMmenu: The SUBRECIPIENT agrees to comply with all Section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPIENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: Section 3 Ql.@.u.se a. The work to be performed under this agreement is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C, 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very Page 48 of 735 low-income persons, particularly persons who are recipients of HUD assistance for housing. b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBIRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job tides subject to hire, availability of apprenticeship and training positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 136. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e. The SUBRECIPIENT will certify that any vacant employment Positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBIRECIPIENT's obligations under 24 CFR Part 135. f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.10 Insurance: The SUBRECIPIENT shall furnish to the CITY, c/o the Community Improvement Department, certificate(s) of insurance evidencing current coverage. 9.11 Property: Any real property under the SUBRECIPIENT's control that was acquired of improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 570.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to Page 49 of 735 expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is not required after the period of time specified in Paragraph 9.9.a., above. Any real property under the SUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY. All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT after being purchased in whole or in part with funds from the CITY, shall be listed in the prop" records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name K different from the SUBRECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that will be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpendable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIENT and shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the time of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBRECIPIENT shall obtain prior written approval from the CITY for the disposition of real property, expendable personal property, and nonexpendable personal property purchased in whole or in part v%(Ith funds given to the SUBRECIPIENT pursuant to the terms of this agreement. The SUBRECIPIENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return of all such property to the CITY. 9.12 Reversion of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration or i e r mination of this Agreement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to the SUBRECIPIENT by the QTY, The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CITY. 9.13 Conflicts with .g@, lq_-Laws; If any provision of this agreement conflicts with any applicable law or regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be deleted if modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force and effect. Page 50 of 735 9.14 Rpne otiation or Modification: Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement if the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9.15 f3J, fLht to Waive: The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. 9.17 Indemnification: SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount Withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15, 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: Page 51 of 735 a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla. Stat. or as otherwise provided by law, 0) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. 9.19 Inspector General: SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by law, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 52 of 735 IN WITNE 0 THE FOREGOING, the parties have set their hands and seals on this °20 day of. .20ZL( WITNESSES: Arta.... . . . ...... By: Pt n ri oe"I;elv ke, 11! (5 Title STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing instrument was {{acknowledged before me this N day of J by. ................ Personally Known /OR Produced Identification — Type of Identification Produced Seal fgagggv pvbkSteve, *I r1ovie'l 0 Her 3520 My Commissoon Expirso May 25, 202A Ci Clerk Appt orm: City ilk PTURTA 1,4 Signa"ture, Print of CITY Of65� FLORIDA By: Mayor Page 53 of 735 Attachment A Scopwe of Work Tenants residing within the city limits of Boynton Beach may apply for up to 3 months of rental assistance if they have been affected, directly or indirectly, by COVID-19, are determined to be 80% of Area Median Income (AMI), and are at -risk of being homeless. Rental assistance will be paid directly to the landlord and will be applied towards arrears first, and then towards any future rental payments, if it is determined that the extra months are needed to ensure housing stability, and if funds are available. Priority will be given to applicants that are 50% or below of Area Median Income, unemployed for 90 days or more, and have received either a past due notice or an eviction notice. This oraiect is desiened for • Renters whose ability to pay their rent has been negatively impacted by COVID-19. For example by job loss or loss of income incurred as a result of the COVID-19 pandemic. Renter households that receive a monthly federal subsidy (e.g., a Housing Choice Voucher, Public Housing, or Project -Based Rental Assistance) may receive assistance for the tenant - owed portion of rent or utilities that is not subsidized. At least 70% of the City's CDBG-CV funds must directly benefit our low and moderate -income citizens, or those that are 80% of Area Median Income (see table attached} priority will be given to those that are 50% Affected, directly or indirectly, by COVID-19, and • At -risk of being homeless due to COVID-19. Page 54 of 735 Attachment B ACTIVITY DELIVERY COST/BUDGET - REVISED line Item CDBG Funds Applicant's Other Project Total Project Requested Match Funds Budget ADMINISTRATION: Personnel (# 1.5 $45,597 $21,500(0) $67,097 Payroll Taxes $3,481 $1,64510) 5,126 Employee Benefits $1,519 $3,132(0) $4,651J . ................ . Office Supplies Copy Supplies .............. Postage Telephone Professional Services $5,000 $ 5,000 (CJ ..... . .............. $10,000 Vehicle Fuel/Mileage Other (insurance, etc.) PROGRAM: Rental Assistance Prog. $315,048 $315,048 Other $370,645 $31,277 $401,922 1 TOTALS Page 55 of 735 R21-109 COMMUNITY DEVELOPMENT BLOCK GRANT- CORONA VIRUS CARES . ...... ACT AGREEMENT between CITY OF BOYNTON BEACH and ,FEEDING SOUTH FLORIDA THIS AGREEMENT entered into this dayof 20.)j is 'L L between the CITY OF BOYNTON BEACH, a Florida municipal corporition, hereinafter referred ; to as "CITY," and Feeding South Florida hereinafter referred to as "the SUBRECIPIENT," having its principal office at 4925 Park Ridge Blvd., Boynton Beach, FL 33426 and its Federal Tax Identification Number as §9:�2097520. WITNESSETH: WHEREAS, the CITY has entered into an Agreement with the U.S. Department of Housing and Urban Development (HUD) for a grant for the execution and implementation of a Community Development Block (CDBG) Program in the City, for allocations I & 3 of the Corona Virus CARES Act Funds, pursuant to Title I of the Housing and Community Development Act of 1974 (as amended); and WHEREAS, the CITY desires to engage the SUBRECIPIENT to implement an activity of the Boynton Beach CDBG Program; NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows: ARTICLE I DEFINITION AND PURPgE 1 Definitions 11 "CDBG" means Community Development Block Grant program. 1.2 'HUD" means the U.S. Department of Housing and Urban Development. 1.3 "OMB" means the Federal Office of Management and Budget. 1.4 "CFR" means the Code of Federal Regulations. 1,5 "2 CFR" refers to the Section of the Code of Federal Regulations pertaining to Grants and Agreements 1.6 "24 CFR" refers to the Section of the Code of Federal Regulations pertaining to the U.S. Department of HUD. 1.7 "24 CFR Part 570" refers to the Section of the Code of Federal Regulations pertaining to the U. S. Department of HUD. Page 56 of 735 1.8 "Program Income* means gross income received directly generated or earned from the use of CDBG funds, Program Income includes, but is not limited to, interest earned on advances of federal funds or royalties received as a result of patents or copyrights produced under this grant. 1.9 "Low- and Moderate -Income" means a household whose income is within specified income limits set forth by HUD. 1.10 Property: a. 'Real Property' means land, land improvements, structures, fixtures and appurtenances thereto, excluding movable machinery and equipment. b. 'Personal Property" means personal property of any kind except real property, c. "Nonexpendable Personal Property" means tangible (i.e., physical) personal property of a non -consumable nature, with a value of $500 or more per item, with a normal expected life of one or more years, not fixed in place, and not an integral part of a structure, facility or another piece of equipment. d. 'Expendable Personal Property" means all tangible personal property other than nonexpendable property, 2. Purrrose The purpose of this Agreement is to state the covenants and conditions under which the SUBRECIPIENT will implement the Statement of Work set forth in Article 11 of this agreement. ARTICLE 11 FUNDING AND BUDGET The maximum amount payable by the CITY under this Agreement will be Three Hundred and Fifty -Eight Thousand Three Hundred and Three Dollars and 00/100 MM,1�0300 . The SUBRECIPIENT shall carry out the activities specified in Attachment A, "Scope of Services. - 3.1 The maximum amount payable by the CITY under this Agreement will be Three Hundred and Fifty -Eight Thousand, Three Hundred and Three Dollars and OO/100 WEL303.00 It is expressly understood and agreed by the Parties that the funds contemplated by this Agreement originated from the federal Community Development Block Program - Allocations I & 3 of the Corona Virus CARES Act. Funds. One Hundred and Thirty -Eight Thousand and Three Hundred and Five Dollars and 00/100 51-38-3-05.0Q) from allocation I and Two Hundred and Nineteen Thousand, Nine Hundred and Ninety -Eight Dollars and 00/100 ($219,998.00) from allocation 3. These funding is contingent upon approval and funding by HUD. SUBRECIPIENT agrees to reimburse CITY, in full, all funds remitted to SUBRECIPIENT by CITY that have not been approved and funded by HUD. 3,2 The CITY will be invoiced by the SUBRECIPIENT for eligible expenses on a reimbursement basis, and will disburse payments at least once per quarter or unless there is a mutual agreement otherwise. Bills shall be submitted by the SUBRECIPIENT at least two weeks in advance and will be paid provided appropriate documentation and status and beneficiary reports are attached to the invoice. Page 57 of 735 3.3 Payment by the CITY shall be contingent upon timely receipt of accurate and complete reports and records required by this Agreement. 3.3 Prior to receipt of Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. Funds (through reimbursement). SUBRECIPIENT shall submit the following documentation: a. Quarterly Progress Report. b. All back up original documentation relating to the expenditures being involved. 3.4 Release of funds is subject to the approval of the Director of Financial services and Community Improvement Manager. ARTICLE IV TERM OF AGREEMENT The term of this Agreement shall be from March 1, 2020 to August 31, 2022, ARTICLE V SUSPENSION AND TERMINATION 6.1 Termination/Sus pension of Pgym2ols/Agreement for Cause: If through any cause either party shall fail to fulfill in timely and proper manner its obligations under this Agreement, or if either party shall violate any of the covenants, agreements, or stipulations of this Agreement, either party shall thereupon have the right to terminate this Agreement or suspend payments in whole or in part by giving written notice of such termination or suspension of payments and specify the effective date of termination or suspension. If payments are withheld, the CITY shall specify in writing the actions that must be taken by the SUBRECIPIENT as a condition precedent to resumption of payments and shall specify a reasonable date for compliance. Sufficient cause for suspension of payments shall include, but not be limited to: a. ineffective or improper use of CDBG funds, b, failure to comply with the Statement of Work or terms of this Agreement, c. failure to submit reports as required, d. submittal of materially incorrect or incomplete reports, e. failure to comply with any additional conditions that may be imposed by HUD, 51 Termination for Convenience of Cit v: The CITY may terminate this Agreement without mm cause at any time by giving at least ten (10) working days' notice in writing to the SUBRECIPIENT. If this Agreement is terminated by the CITY as provided herein, the SUBRECIPIENT will be paid for allowable services performed under Article 11 of this Agreement until the effective date of the termination. 5,3 Termination for Convenience of the SUBRECIPIENT: At any time during the term of this Agreement, the SUBRECIPIENT may, at its option and for any reason, terminate this .................. .................... -- Agreement upon ten (10) working days written notice to the CITY. Upon termination, the Page 58 of 735 SUBRECIPIENT shall be paid for services rendered pursuant to this Agreement through and including the date of termination. ARTICLE VI gGSIMM-A6491 R-RINJIM 6.1 The SUBRECIPIENT agrees to retain supporting documentation relating to activities funded by this Agreement for a period of five years after the termination of the Agreement. 6.2 The SUBRECIPIENT agrees to submit upon request other documentation which may later be determined necessary to assure compliance with this Agreement. ARTICLE VII PROGRAM.IN,QQMg The SUBRECIPIENT agrees to expend Community Development Block Program - allocations 1 & 3 of the Corona Virus CARES Act. funds for the purpose outlined in Article I of this Agreement. It is not anticipated that program income shall be generated from this allocation. However, such income, if generated, may be retained by the SUBRECIPIENT and used for costs that are in addition to the approved costs of this agreement, provided that such costs specifically further the objectives of this agreement. Under no circumstances shall the SUBRECIPIENT use program income to pay for charges or expenses that are specifically not allowed pursuant to the terms of this agreement and applicable federal regulations or rules. The use of program income by the SUBRECIPIENT shall comply with the requirements set forth at 24 CFR 670.504. The SUBRECIPIENT shall ensure that all publicity, public relations, advertisements and signs, recognize the CITY and the CDBG Program for the support of all contracted activities. The use of the official CITY logo is permissible, but all signs used to publicize CITY contracted activities must be approved by the CITY prior to being posted. ARTICLE IX 9909EALCONDITIC7N 9.1 Federal Office of Management and Budget Requirements: The SUBRECIPIENT shall comply with requirements established by the Federal Office of Management and Budget (OMB) concerning the Dun and Bradstreet Data Universal Numbering System (DUNS) and System for Award Management (SAM) database, as set forth on 2 CFR Part 2,, and the Federal Accountability and Transparency Act. As set forth at 2 CFR Part 170. 9.2 Federal, Stat2. County and CITY Laws and Regulations: The SUBRECIPIENT shall comply with applicable provisions of applicable federal, state, County, and CITY laws, regulations and rules, including OMB A-122, OMB A-21, OMB A-133. The SUBRECIPIENT shall comply with Section 504 of the Rehabilitation Act of 1973, as amended, which prohibits discrimination on the basis of handicap; Title V1 of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the basis of race, color, Page 59 of 735 or national origin; the Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; Title Vill of the Civil Rights Act of 1G68, as amended, and Executive Order 11063 which prohibits discrimination in housing on the basis of race, color, religion, sex, or national origin; Executive Order 11246, as amended which requires equal employment opportunity; and with the Energy Policy, amended and Conservation Act (Pub.L. 94-163) which requires mandatory standards and policies relating to energy efficiency" The SUBRECIPIENT shall report its compliance with Section 504 of the Rehabilitation Act whenever so requested by the CITY. The SUBRECIPI ENT shall cOmpty with all applicable requirements of the Americans with Disabilities Act (ADA) of 1990, including, but not lirnited to, those provisions pertaining to employment, program services, transportation, communications, access to facilities, renovations, and new construction, 9,3 Other Pr ravTr FNtuiremento The SLIBRECIPIENT shall comply Wth all federal laws and regulations pertaining to environmental standards described in 24 CFR Subpart K, except that: a, 'The SUBRECIPIENT does not assume the CITY's environmental responsibilities described at 570.604, and b. The SUBRECIPIENT does not assume the CITY's responsibility for initiating the review process under the provisions of 24 CFR part 52, 9.4 QWLtqCrifii _LcLfLqsL(jqftts gind Civil WKhts, �C.2ianqftSUBRE —m The CIPIENT agrees 1_ -RL_ that no person shall on the grounds of race, color, national origin, religion, or sex be excluded from the benefits of, or be suNected to, discrimination under any activity carried out by the performance of this Agreement. To the greatest. feasible extent, lower-income residents of the project areas shall be given opportunities for training and employment and to the greatest feasible extent, eligible business concerns located in orowned in substantial part by persons resfding in the project areas shall be awarded contracts in connection with the project. 9.5 E-v_p1q_aicLq_grL 4JALqrLoLqLig: The SUBRECIPIENT agrees That the CITY will carry out periodic monitoring and evaluation activities as determined necessary and that the conUnuation and/or renewal of this Agreement is dependent upon satisfactory evaluation conclusions. Such evaluations will be based on the terms of this Agreement, comparisons of planned versus actual progress relating to activity scheduling, budgets, audit reports, and output measures. The SUBRECIPIENT agrees to furnish upon request to the CITY and make copies of transcriptions of such records and information as is determined necessary by the CITY. The SUBIRECIPIENI-shall submit on a schedulesetby the CITY and at other times upon request, information avid status reports required by the CITY to enable the evaluation of said progress and to all for completion of reports required of the CITYfry HUD, The SUBRECIPIENT'shall allow the CITY or HUD to monitor its agency on site. Such site visits may be scheduled or unscheduled as determined by the CITY or HUD. M Audits: Nonprofit organizations that expend $750,000 or more annually in federal awards iiTWF-�ave a single or program specific audit conducted accordance with OMB x,..133. Nonprofit organizations that expend less than $750,000 annually in federal awards shall be exempt from an audit conducted in accordance Wth OMB A-133, although their records must be availabie for review. These agencies are required by the, CITY to submit "redo scope" audits (e.g., financial audits, performance audits). Each audit shall cover a time period of not more, than 12 months and an audit shall be submitted covering each assisted Page 60 of 735 en reportecl on, A copy of the audit report must be received by the CITY no later than six months following each audit period. The SUBRE CIPI ENT shall maintain all records in accordance with generally accepted accounting principles, procedures, and practices which shall sufficiently and properly reflect all revenues and expenditures of funds provided directly or indirectly by the CITY pursuant to the terms of this agreement, 9.7 Uniform Administrative Rimuirements " : ' The SUBRECIPIENT agrees to maintain books, records and documents in accordance with accounting procedures and Practices which sufficiently and properly reflect all expenditures of funds provided by the CITY under this Agreement. The SUBRECIPIENT is required to comply with the following uniform administrative requirements, aSpecific provisions of the uniform administrative requirements of OMB Circular A-1 10, as implemented at 24 CFR Part 84, "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals and Other Non -Profit Organizations.' bOMB Circular A-122 OCost Principles for Non -Profit Organizationsm (a list of allowable and unallowable costs appears in Attachment B), c. Applicable provisions of 24 CFR 570.50Z 9,13 LotbyLng ro The SUBRECIPIENT shall certify that no federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal Agreement, the making of any federal grant, the making of any federal loan, the enteiring into of any cooperative Agreement, and the extension, continuation, renewal, amendment, or modification of any federal Agreement, grant, loan, or cooperative Agreement, The SUBRECIPIENT shall disclose to the CITY K any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal Agreement. 9,9 Section 3 Fie gqirgmenLs, The SUBRECIPI ENT agrees to comply with all section 3 requirements applicable to contracts funded through this Agreement. Information on Section 3 is available from the CITY upon request. The SUBRECIPI ENT shall include the following, referred to as the Section 3 Clause, in every solicitation and every contract for every Section 3 covered project: a. The work to be performed under this agreement is Subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U,S,C, 1701 (Section 3). The purpose of Section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or HUD -assisted projects covered by Section 3, shall to the greatest extent feasible, be directed to low -and very Page 61 of 735 low-income persons, particularly persons who are recipients of HUD assistance for housing, b. The parties to this agreement agree to comply with HUD's requirements in 24 CFR Part 135, which implement Section 3. As evidenced by their execution of this agreement, the parties to this agreement certify that they are under no contractual or other impediment that would prevent them from complying with the Part 135 regulations. c. The SUBRECIPIENT agrees to send to each labor organization or representative of workers with which the SUBRECIPIENT has a collective bargaining Agreement or other understanding, if any, a notice advising the labor organization or workers representative of the SUBRECIPIENT's commitment under this Section 3 clause, and will post copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment positions can see the notice. The notice shall describe the Section 3 preference, shall set forth minimum number and job titles subject to hire, availability of apprenticeship and training Positions, the qualifications for each, and the name and location of the person(s) taking applications for each of the positions, and the anticipated date the work shall begin. d. The SUBRECIPIENT agrees to include this Section 3 clause in every subcontract subject to compliance with regulations in 24 CFR Part 135, and agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this Section 3 clause, upon a finding that the subcontractor is in violation of the regulations in 24 CFR Part 135. The SUBRECIPIENT will not subcontract with any subcontractor where the SUBRECIPIENT has notice or knowledge that the subcontractor has been found in violation of the regulations in 24 CFR Part 135. e, The SUBRECIPIENT will certify that any vacant employment positions, including training positions, that are filled (1) after the SUBRECIPIENT is selected but before the contract is executed and (2) with persons other than those to whom the regulations of 24 CFR Part 135 require employment opportunities to be directed, were not filled to circumvent the SUBRECIPIENT's obligations under 24 CFR Part 135, f. Noncompliance with HUD's regulations in 24 CFR Part 135 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted contracts. 9.10 In_surancw, The SUBRECIPIENT shall furnish to the CITY, C/o the Community Improvement Department, certificate(s) of insurance evidencing current coverage. 9.11 Property: Any real property under the SUBRECIPIENT's control that was acquired of improved in whole or in part with CDBG funds received from the CITY in excess of $25,000 shall be either: a. Used to meet one of the three CDBG national objectives required by and defined in 24 CFR Part 670.208 for five years following the expiration or termination of this agreement, or for such longer period of time as determined by the CITY; or b. Not used to meet a CDBG national objective, in which case the SUBRECIPIENT shall pay to the CITY an amount equal to the market value of the property as may be determined by the CITY, less any proportionate portion of the value attributable to Page 62 of 735 expenditures of non-CDBG funds for acquisition of, or improvement to, the property. Reimbursement is riot required after the period of time specified in Paragraph 9,9.a,, above. Any real property under theSUBRECIPIENT's control that was acquired or improved in whole or in part with CDBG funds from the CITY for $25,000 or less shall be disposed of, at the expiration or termination of this contract, in accordance with instructions from the CITY All real property purchased in whole or in part with funds from this and previous agreements with the CITY, or transferred to the SUBRECIPIENT'after being Purchased in whole or in part with funds from the CITY, shall be listed in the property records of the SUBRECIPIENT and shall include a legal description, size, date of acquisition, value at time of acquisition, present market value, present condition, address or location, owner's name if different from the SUBRIECIPIENT, information on the transfer or disposition of the property, and map. The property records shall describe the programmatic purpose for which the property was acquired and identify the CDBG national objective that W11 be met. If the property was improved, the records shall describe the programmatic purpose for which the improvements were made and identify the CDBG national objective that will be met. All nonexpenclable personal property purchased in whole or in part with funds from this and previous agreements with the CITY shall be listed in the property records of the SUBRECIPIEN'Tand shall include a description of the property, location, model number, manufacturer's serial number, date of acquisition, funding source, unit cost at the firne of acquisition, present market value, property inventory number, information on its condition, and information on transfer, replacement, or disposition of the property. The SUBREUPIENT shaq, obtain prior written approval from the Cil ry for the disposdion of real property, expendable personal property, and nonexpendable, personal property purchased in whole or in part with funds given to the SUBRECIPI ENT pursuant to the terms of this agreement The SUBRECIPI ENT shall dispose of all such property in accordance with instructions from the CITY. Those instructions may require the return Of all such property to the MY, 9.12 aqvA(gon of Assets: The SUBRECIPIENT shall return to the CITY, upon expiration Or terminationof this Kireement, all the assets owned or held as a result of this Agreement, including, but not limited to any funds on hand, any accounts receivable attributable to these funds, mortgages, notes, and other collateral and any overpayments due to unearned funds or costs disallowed pursuant to the terms of this Agreement that were disbursed to theSUBRECIPIENT by the CITY. The SUBRECIPIENT shall within 30 days of expiration or termination of this Agreement execute any and all documents as required by the CITY to effectuate the reversion of assets. Any funds not earned, as described and provided for in OMB A-122, by the SUBRECIPIENT prior to the expiration or termination of this Agreement shall be retained by the CffY, 9A3 Conflicts with A2pficable Laws: If any provision of this agreement conflicts with ally applicable law or, regulation, only the conflicting provision shall be deemed by the parties hereto to be modified to be consistent with the law or regulation or to be. deleted K modification is impossible. However, the obligations under this agreement, as modified, shall continue and all other provisions of this agreement shall remain in full force are effect. Page 63 of 735 9.14 Rgqe_-qqtiation or Modification; Modifications of provisions of the agreement shall be valid only when in writing and signed by duly authorized representatives of each party. The parties agree to renegotiate this agreement If the CITY determines, in its sole and absolute discretion, that federal, State and/or CITY revisions of any applicable laws or regulations, or increases or decreases in budget allocations make changes in this agreement necessary. 9,15 B:Uht to Waive. The CITY may, for good and sufficient cause, as determined by the CITY in its sole and absolute discretion, waive provisions in this agreement or seek to obtain such waiver from the appropriate authority. Waiver requests from the SUBRECIPIENT shall be in writing. Any waiver shall not be construed to be a modification of this agreement. 9.16 Disputes: In the event an unresolved dispute exists between the SUBRECIPIENT and the CITY, the CITY shall refer the questions, including the views of all interested parties and the recommendation of the CITY, to the City Manager for determination. The City Manager, or an authorized representative, will issue a determination within 30 calendar days of receipt and so advise the CITY and the SUBRECIPIENT, or in the event additional time is necessary, the CITY will notify the SUBRECIPIENT within the 30 day period that additional time is necessary. The SUBRECIPIENT agrees that the City Manager's determination shall be final and binding on all parties. SUBRECIPIENT shall at all times hereafter indemnify, hold harmless and, at the City Attorney's option, defend or pay for an attorney selected by the City Attorney to defend CITY, its officers, agents, servants, and employees from and against any and all causes of action, demands, claims, losses, liabilities, and expenditures of any kind, including attorney fees, court costs, and expenses, caused or alleged to be caused by any intentional, negligent, or reckless act of, or omission of, SUBRECIPIENT, its employees, agents, servants, or officers, or accruing, resulting from, or related to the subject matter of this Agreement, including, without limitation, any and all claims, losses, liabilities, expenditures, demands, or causes of action of any nature whatsoever resulting from injuries or damages sustained by any person or property. In the event any lawsuit or other proceeding is brought against CITY by reason of any such claim, cause of action, Or demand, SUBRECIPIENT shall, upon written notice from CITY, resist and defend such lawsuit or proceeding by counsel satisfactory to CITY or, at CITY's option, pay for an attorney selected by the City Attorney to defend CITY. The obligations of this section shall survive the expiration or earlier termination of this Agreement. To the extent considered necessary by CITY, any sums due to SUBRECIPIENT under this Agreement may be retained by CITY until all of CITY's claims for indemnification pursuant to this Agreement have been settled or otherwise resolved; and any amount withheld shall not be subject to payment of interest by CITY. If SUBRECIPIENT uses a subcontractor, SUBRECIPIENT shall, by written contract, require its subcontractors to agree to the requirements and obligations of this Section 9.15. 9.18 Public Records: SUBRECIPIENT shall comply with all public records laws in accordance with Chapter 119, Fla. Stat. In accordance with state law, SUBRECIPIENT agrees to: Page 64 of 735 a) Keep and maintain all records that ordinarily and necessarily would be required by the CITY. b) Provide the public with access to public records on the same terms and conditions that the CITY would provide for the records and at a cost that does not exceed the costs provided in Chapter 119, Fla, Stat. or as otherwise provided by law. C) Ensure that public records that are exempt or confidential and exempt from public records disclosure are not disclosed except as authorized by law. d) Meet all requirements for retaining public records and transfer, at no cost, to the CITY all records in possession of the SUBRECIPIENT at the termination of the contract and destroy any public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the CITY in a format that is compatible with the information technology systems of the CITY. All records shall be transferred to the CITY prior to final payment being made to the SUBRECIPIENT. e) If SUBRECIPIENT does not comply with this section, the CITY shall enforce the contract provisions in accordance with the contract and may unilaterally cancel this contract in accordance with state law. fflfl� SUBRECIPIENT is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Agreement, and may demand and obtain records and testimony from SUBRECIPIENT. SUBRECIPIENT understands and agrees that in addition to all other remedies and consequences provided by taw, the failure of SUBRECIPIENT to fully cooperate with the Inspector General when requested may be deemed by the CITY to be a material breach of this Agreement. Page 65 of 735 IN WITNESS OF'T'HE FOREGOING, the panties Ihave set their handspa-i", w�ia orl this 13 day of Septernber 20,2j ---- STATE OF FLORIDA COUNTY OF PALM BEACH 0 mm CEO, Feedi!N,"outfw Hodda The for�04�geriVfo�°eifuli„c�ft”.ing � ."'s. ,byick Personalty Known OR Produced Identification/Twe of Identification Produced LiLcli'lln Q'I walk NOTAR"' PUE-3,lc U'E2 Signature 402 Print S CiClerk ApprpV City Attorney CITYQ,FAi6YNr,,QN BVX"" flTORIDA By: Mhytir Page 66 of 735 Attachment A Sco e of Work Throughout the COVID-19 pandemic, Feeding South Florida distributed 4,446/*85pounds Qffood, i 3]]55,G64ofwhich were not covered bvother funding sources; this output represents more than double the amount inthe prior year's distribution. Through weekly drive-thrudistributions inpartnership with the City Feeding South Florida supported a minimum of 3,045 unique low -moderate income (LMI) households from March 2020 — May 2021. Feeding South Florida targeted communities that present the following indicators: ^ High food insecurity rate (data is provided to Feeding South Florida by Feeding America) ° Percentage Vfthe population at orbelow 1D5percent ofthe Federal Poverty Level • Percentage of households who are eligible for governmental benefits such as Free/Reduced Price Lunch, Medicaid, TCA, and SNAP • The existence offood deserts asidentified bxthe USDA Page 67 of 735 Attachment B ACTIVITY DELIVERY COST/BUDGET - REVISED Feeding South Florida - Public Services/Food Distribution - Budget Request Month Total BB LBS Less Total BB Unreimb BB Sponsored Net Eligible Cost Per LB Total Requested Page 68 of 735 TEFAP LBS TEFAP LBS LBS 8B LBs BB Reimb. Mar -2020 239,533 (138,060) 101,473 0.172 $ 17,429.52 Apr -2020 397,021 (90,402) 306,619 0.11 $ 34,441.18 May -2020 743,532 (471,958) 137,402 (369,464) 39,512 0.07 $ 2,848.22 Jun -2020 556,856 (219,252) 337,604 0.11 $ 35,524.99 Jul -2020 147,225 (42,089) 105,136 0.07 $ 7,533.09 Aug -2020 152,794 (41,511) 111,283 0.08 $ 8,391.67 Sep -2020 245,650 (107,895) 137,755 0.06 $ 8,925.80 Oct -2020 307,812 (119,527) 119,527 307,812 0.06 $ 19,974.68 Nov -2020 258,327 (126,111) 126,111 258,327 0.10 $ 25,543.53 Dec -2020 245,898 (126,294) 126,994 246,598 0.08 $ 20,647.68 Jan -2021 186,190 (68,000) 68,000 186,190 0.18 $ 32,665.58 Feb -2021 210,291 (51,016) 51,016 210,291 0.27 $ 56,061.30 Mar -2021 334,363 (88,743) 88,743 (37,174) 297,189 0.10 $ 28,479.14 Apr -2021 251,603 (53,578) 53,578 251,603 0.14 $ 34,749.36 May -2021 189,400 (60,525) 60525 (31,128) 158,272 0.16 $ 25,088.03 -ry 4,466,495 (1,804,961) 831,896 (437,766) 3,055,664 $ 358,303.78 Page 68 of 735 10my Mot : A -- Board of Directoirs: CourtineyCain, Presidesit Alexander Edmonds, Vice President Margaret Johnson, Secretary Carlene Elliott:, Treasurer Eveirlene Baker Earl Heath Hubert McIntosh Yvonne Oidoiin Keturah Joseph, CEO Our MISSION !%to prk,:)jrYiote the econornik revitafkation of the comp'nunity through homeowneg-4hij.7, develop and sustain parbsershirpm for effk ient use of rrsource.i, hiriproved and increase thio defivety of social sendces �.m-,—c�� F30Y NTON 8 E A C H Cluiritabk. FowxWkm "Oozy 1% 2021 2191 N1 Seacrest Blvd Flos,[ Office Dox 337 Boynion Beach, F r L 33435 Phow 5(51-752-0303 F:ax� 561-244-5046 July 22, 2022 RJ Ramirez Manager, Community Improvement 100 E. Ocean Ave. Boynton Beach, FL 33435 Via Email: RE: Request to extend timeframe for CDBG-CV Corona Virus Cares Act Agreement R21-109 Dear Mr. Ramirez: Our contract referenced above is due to end on August 31, 2022. As of this date, our records indicate that we have expended a total of $116,106.25 leaving a balance of $254,538.75. (Note: there could be a discrepancy in totals, because this current quarter has not been invoiced as of this date.) There are several justifications as to why there is still $254,538.75 in unexpended funds: • Late Start Date: These funds are CARES Act funds which were available for use on March 1, 2020. Our Agreement indicates the Contract Term to be March 1, 2020 to August 31, 2022. However, we did not receive a NOFA until July 2021 and a Signed Agreement R21-109 notice to proceed until September 23, 2021 at which time we began to market the program. • Marketing Assistance: We had asked to have the program inserted into the City's Website and Newsletters. However, on multiple occasions when we checked, we were finding the promotion of P213's assistance to apply to PBC's rental program, and could not find our program promoted. This was brought to the attention of staff several times. • Terms and CqMp##tiorr We were instructed to limit our scope of services to rent only, up to 3 months, not to exceed $4,500. The program has been competing with Our Florida and PBC's ERA -RU funding which could provide rents & utilities for up to 15 months. • Inflati9na.r?, factors in this, last year. Since the Agreement was executed, we've seen substantial rent increases, between $500 and $1,000 monthly. Many times, we are only able to cover one month of rent and a portion of a second month because of landlord increases as leases are renewed. Page 69 of 735 417 '!�11� Boynton Beach Faith -Based i' -1 1 Community Development Corporation, Inc. Request for Extension to Contract Pg -2- Therefore, we are formally requesting that the contract be extended • for an additional six (6) months, or until February 28, 2023; to, in addition to rents, include utilities; • to exclude the $4,500 cap on rental assistance, continue to pay rent plus late & legal fees: and increase the limit of months from 3 to 5, but no more than 2 months advance; (Note: A 3 months they are facing eviction, this would prevent eviction and provide 2 months to stabilize the family)" Palm Beach County and Our Florida COVID related rental assistance programs closed their window to applications for rent: Our Florida closed their window in May 12, 2022 and PBC ,ERA -RU since June, 2022. During this summer we have seen a surge in COVID infections due to various variants of the Corona Virus. As a result, we have been getting substantial requests for assistance. Based on the increase in calls, and infection rate increase, we feel that if the contact can be extended with the requested modification to the scope and eligibility requirements that we have a chance of expending the remaining funds by the extension deadline. I thank you for your consideration and look forward to a favorable response. Sincerely, 9< itutah aityi/i Keturah Joseph, CEO BBFBCDC Cc: Courtney Cain, President Page 70 of 735 6.C. Consent Agenda 8/16/2022 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 August 16, 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) Baxter & Woodman, Inc. Kimley-Horn and Associates, Inc.; CDM Smith, Inc.; 2GHO, Inc. Landscape Architects Planners Environmental Consultants formerly known as Gentile Glas Holloway O'Mahoney &Associates, Inc. Alexis Knight Architects, Inc.; Carollo Engineering, Inc.; CH2M Hill Engineers, Inc.; West Architect + Design, LLC AECOM Technical Services; Globaltech, Inc. DESCRIPTION SOLICITATION RENEWAL OF SOLICITATION NUMBER TERM AMOUNT General City of Boynton August 20, Consulting Bach RFQ No. 2022 Services 046-2821-17/TP August 19, 2023 General City of Boynton August 22, Consulting Bach RFQ No. 2022 Services 046-2821-17/TP August 21, 2023 City of Boynton September General Beach RFQ No. 7,2022— Consulting ,2022Consulting 046-2821-17/TP September Services 6, 2023 As Needed Basis By Various Departments within budget parameters (Any Item over $35K will be brought back to Commission). As Needed by Various Departments within budget parameters (Any Item over $35K will be brought back to Commission). As Needed by Various Departments within budget parameters (Any Item over $35K will be brought back to Commission). In accordance with Article 4 — Payment of the Executed Contract Resolution R18- 103; the vendor has requested to exercise its right to increase its Personnel Classification Page 71 of 735 The Florida International Economic City of Boynton August 11, No Cost Extension (NCE) - University (FI U) Board of Development Beach RFP 2022 Allows additional service Trustees on behalf of its Plan 021-2419-21 August 10, requests for the year. Metropolitan Center 2023 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? Grant Amount: Attachments: Page 72 of 735 Rates following the All City of Boynton August 20, Urban Consumers Price Calvin Giordano & Associates General Beach RFQ No. 2022 Index (CPI -U). Vendor Consulting Services 046-2821-17/TP August 19, 2023 requests an approximately 5% increase to its rates. Staff recommends approval of the rate increases. As Needed by Various Departments within budget parameters (Any Item over $35K will be brought back to Commission). I nstrumentation Products, OEM Piggyback Palm July 19, Annual Estimated Parts, Hach Company Beach County 2022 —July Expenditure Preventive Contract # 18, 2023 Maintenance & SS150946C $57,000 Repairs The Florida International Economic City of Boynton August 11, No Cost Extension (NCE) - University (FI U) Board of Development Beach RFP 2022 Allows additional service Trustees on behalf of its Plan 021-2419-21 August 10, requests for the year. Metropolitan Center 2023 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? Grant Amount: Attachments: Page 72 of 735 Type Description D Aittadhiii Bid Extensions and Piggy Ba(,.lkS Under $100,000 D ALtachiii Reinewal I i I elteir, ... NECOM Tees: Se�ir,\Aces, IInc 2022 2023 D Aftachiii FReinewal linteirest I etteir Kinight Air(,,hRE)CtS, I 11 2022..°2023 D Attachiii Renewal II i I e Ite ir '' Baxteir & Woodman, I ii . .. ... 2022 2023 D Alta chiment FReinewal I i I elteir Cairolk.) Eingiliriieeirung, I inc 2022 2023 D Attachiment Renew cl IIi I etteir, C,[.11M Siii linc 2022 2023 D Attachiment FReinewallinteire-,.;l I elteir C I IZIVI If llllllll IE ingilineeirs, I inc 2022 2023 Renew . -d II inter est I a,tteir 2GI 10, IIinc. D Aittadlhirm'int I R.airrdscapiing Architect F:lar)irlENrs Ein\Airoirurnee nibal Consultaints 2022 2023 D Aittadhiii Rei rrewal I i I efteir (":'Mobaltech, Inc 2022 2023 D Altachiment FReinewal IIIrnteira stI eth,,ir Klirnley if lloirin and Associates, II iric 2022 2023 D ALtachiii Reinewal I i I elteir West Air dhm i tem, tit,.vire De,sigin, I I .0 2022 2023 D Attachimeint FRein(.,)wdl linteirestI (.:sUe ir C'.alvin, Gloirdairro & Assodi,atf,,s 2022..202 3 D Ail.ta(,.,[v-nent Reinem..al lRate IIincirease Calvin, Gior-daino & Associates 2022 2023 D Altachiment FReinewal IIinteirpst I elteir I Ilanclh C.,ampailly 2022 2023 Renewal IIinteirest I efteir The F::Ioirida D Attadhiment I inteirinational Uiniv(...."irsity (F I L.J) Board of Trustees on Bdhalf of lits Ml(:,,brqpdlitain Center 2022 2023 Page 73 of 735 M CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS August 16, 2022 REQUESTING DEPARTMENT: Utilities DEPARTMENT CONTACT: Christopher Roschek TERM: August 20, 2022 to August 19, 2023 TERM: August 22, 2022 to August 21, 2023 TERM: September 7, 2022 to September 6, 2023 SOURCE FOR PURCHASE: 046-2821-17/TP ACCOUNT NUMBER: Various Accounts VENDOR(S): Alexis Knight Architects, Inc.; Carollo Engineering, Inc.; CH21111 Hill Engineers, Inc.; West Architect + Design, LLC; Baxter & Woodman, Inc.; AECOM Technical Services; Kimley-Horn and Associates, Inc.; CDM Smith, Inc.; Globaltech, Inc.; Calvin, Giordano & Associates; 2GHO, Inc. Landscape Architects Planners Environmental Consultants formerly known as Gentile Glas Holloway O'Mahoney & Associates, Inc. ANNUAL ESTIMATED EXPENDITURE: As Needed by Various Departments within budget parameters (Any Items over $35K will be brought back to commission). DESCRIPTION: On August 7, 2018, Commission authorized the City Manager to sign multiple agreements as a result of RFQ 046-2821- 17/TP for General Consulting Services Resolution R18-103.The City of Boynton Beach solicited proposals for qualifications for General Consulting Services per Section 287.055, the Florida Statues, the Consultant's Competitive Negotiation Act (CCNA). The City established five (5) Categories Scope A-E and multiple firms were selected to satisfy the consultant engineering and architectural needs of the City. The initial term of the agreements was for two (2) years with an option to renew for three (3) additional one (1) year extensions. This renewal will be the 3rd renewal extension. 2GHO, Inc. Landscape Architects Planners Environmental Consultants formerly known as Gentile Glas Holloway O'Mahoney & Associates, Inc.; in accordance to Article 4 — Payment of the Executed Contract Resolution R18-103; the vendor has requested to exercise its right to increase its Personnel Classification Rates following the All Urban Consumers Price Index (CPI -U). Vendor requests an approximately 5% increase to its rates. Staff recommends approval of the rate increases. REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: Bryan Heller TERM: July 19, 2022 thru July 18, 2023 SOURCE FOR PURCHASE: 43190000-18-NASPO-ACS-1 ACCOUNT NUMBER: 001-2112-521.46-24 VENDOR(S): Hach Company ANNUAL ESTIMATED EXPENDITURE: $35,400.00 401-2811-536.49-17 $20,000 401-2811-536.52-75 $35,000 401-2819-536.52-75 $2,000 DESCRIPTION: On June 6, 2020, City Commission approved the piggy -back of Palm Beach County Sole Source Contract #SS150946/CC with Hach Company for the purchase of equipment that will aid with monitoring disinfectant levels, Instrumentation Products, OEM Parts, Preventive Maintenance and Repairs. The contract was renewed for an additional one-year term. Approve the contract renewal July 19, 2022 — July 18, 2023. REQUESTING DEPARTMENT: ECONOMIC DEVELOPMENT DEPARTMENT CONTACT. John Durgan TERM: August 11, 2022 thru August 10, 2023 SOURCE FOR PURCHASE: City of Boynton Beach RFP 021-2419-21 Economic Development Plan ACCOUNT NUMBER: 001-2419-559.49-17 VENDOR(S): The Florida International University (FIU) Board of Trustees on behalf of its Metropolitan Center ANNUAL ESTIMATED EXPENDITURE: No Cost Extension — Allow requests for additional services in the coming year. DESCRIPTION: On August 3, 2021, City Commission authorized the City Manager to sign an agreement as a result of RFP 021-2419-21 for Economic Development Plan Resolution R21-110 with Florida International University (FIU) for Consulting services to develop a strategic economic development action plan. The initial term of the agreement is for one (1) year with an option to renew for three (3) additional one-year periods. This renewal will be the 1St renewal extension. The City of Bounton 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 July 19, 2022 AECOM Technical Services, Inc. Attn: Karen Brandon, Jim Penkosky 800 S. Douglas Road 2^d Floor, North Tower Coral Gables, FL 33134 VIA EMAIL TRANSMITTAL TO: ji h2fflkosky a ae om.com RFQ: 046-2821-17rrP- GENERAL CONSULTING SERVICES SCOPE B (Infrastructure Improvements & Evaluations) CURRENT AGREEMENT TERM: SEPTEMBER 7,2021— SEPTEMBER 6, 2022 Dear Ms. Lyons: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPE B" expires September 6, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with AECOM Technical Services, Inc. services and would like to extend the agreement for its 3'd renewal for an additional one-year period with the same terms, conditions, and pricing.. Please indicate your response on the following page and return it to Procurement Services via email to ratttbht9.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, I*k. ai,.c Mara Frederiksen Director of Financial Services H America's Gateway to the Gulf Stream Page 76 of 735 The City of Bounton 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 July 19, 2022 411W*41Corel►F-T11 VtL LyrL9 &i # rftyi Eel -_: &I SCOPE B (infrastructure Improvements & Evaluations) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and AECOM TECHNICAL SERVICES, INC. AGREEMENT RENEWAL TERM: SEPTEMBER 7,2022— SEPTEMBER 6, 2023 V/ 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) AECOM TECHNICAL SERVICES, INC. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) 7/o/Aa DATE SIGNATURE TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 77 of 735 The City of Bounton 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 June 16, 2022 Alexis Knight Architects, Inc. Attn: Steven W. Knight 100 NE 6t" Street Suite 102 Boynton Beach, FL 33435 VIA EMAIL TRANSMITTAL TO: sknight akarchitectsinc.com RFQ: 046-2821-17/TP- GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) CURRENT AGREEMENT TERM: AUGUST 22, 2020 —AUGUST 21, 2021 Dear Mr. Knight: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPE E" expires August 21, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with Alexis Knight Architects, Inc. services and would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, Y Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 78 of 735 The City of Bounton 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 June 16, 2022 BID: GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and ALEXIS KNIGHT ARCHITECTS, INC. AGREEMENT RENEWAL TERM: AUGUST 22, 2022 —AUGUST 21, 2023 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) ALEXIS KNIGHT ARCHITECTS, INC. NAME OF COMPANY Steven W. Knight NAME OF REPRESENTATIVE (please print) June 15, 2022 DATE sknight@akarchitects.com E -MAI L (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 79 of 735 July 19, 2022 Baxter & Woodman, Inc. Attn: Rebecca Travis, PE Executive Vice President FL Division 477 S. Rosemary Avenue Suite 330 West Palm Beach, FL 33401 f � fisgi ,,j oodirlr�._�q. .oro VIA EMAIL TRANSMITTAL TO: I, RFQ: 046-2821-17/TP- GENERAL CONSULTING SERVICES SCOPE D (Transportation Services) CURRENT AGREEMENT TERM: AUGUST 20,2021 — AUGUST 19, 2022 Dear Ms. Travis The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPE D" expires August 19, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with Baxter & Woodman, Inc. services and would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to p [@tt! j2@ tll 4§ at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, Mara Frederiksen Director of Financial Services E America's Gateway to the Gulf Stream Page 80 of 735 June 16, 2022 BID: GENERAL CONSULTING SERVICES SCOPE D (Transportation Services) BID No.: RIFQ 046-2821-17/TP Agreement between the City of Boynton Beach and BAXTER & WOODMAN, INC. AGREEMENT RENEWAL TERM: AUGUST 20, 2022 —AUGUST 19, 2023 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) BAXTER & WOODMAN, INC. .. .............................. .......... NAME OF COMPANY SIGNATURE Rebecca Travis, PE Executive Vice President NAME 60 REPRESENTATIVE................................ EPRESENTATIVE..................................... TITLE (please print) 7/19/2022 (561)425-7715 ................... .. . .. . ........ ............................................... . ............ _ . ........ . . DATE (AREA CODE) TELEPHONE NUMBER rtravis@baxterwoodman.com ff-'i MAIL _1L . ......... ........ .. . .................. . . ... . . . . ............ .. _" America's Gateway to the Gulf Stream Page 81 of 735 The City of Bounton 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 June 16, 2022 Carollo Engineering, Inc. Elizabeth Fujikawa, P.E. 2056 Vista Parkway Suite 400 West Palm Beach, FL 33411 VIA EMAIL TRANSMITTAL TO: efujikawa .carollo.com RFQ:046-2821-17/TP - GENERAL CONSULTING SERVICES SCOPE A (Water Plant Modifications, Capacity & Operational Evaluation) SCOPE B (Infrastructure Improvements & Evaluations) SCOPE C (Ancillary Studies and Services) CURRENT AGREEMENT TERM: AUGUST 22,2021 — AUGUST 21, 2022 Dear Ms. Fujikawa: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPES A, B, AND C' expires August 21, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with Carollo Engineering, Inc. services and would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, Y Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 82 of 735 The City of Bounton 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 June 16, 2022 BID: GENERAL CONSULTING SERVICES SCOPE A (Water Plant Modifications, Capacity & Operational Evaluation) SCOPE B (Infrastructure Improvements & Evaluations) SCOPE C (Ancillary Studies and Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and CAROLLO ENGINEERING, INC. AGREEMENT RENEWAL TERM: AUGUST 22, 2022 –AUGUST 21, 2023 .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) CAROLLO ENGINEERING, INC. NAME OF COMPANY Elizabeth Fujikawa, P.E. NAME OF REPRESENTATIVE (please print) 6/16/2022 DATE efujikawa@carollo.com E -MAI L Elizabeth Digitally signed by Elizabeth Fujikawa F 1111 ka wa Date: 2022.06.16 21:18:39 -04'00' SIGNATURE Vice President TITLE 561.868.6400 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 83 of 735 The City of Bounton 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 July 19, 2022 CDM Smith, Inc. Attn: Suzanne E. Mechler 621 NW 53rd Street, Suite 265 Boca Raton, FL 33487 VIA EMAIL TRANSMITTAL TO: mechlerseCcDcdmsmith.com RFQ: 046-2821-17/TP - GENERAL CONSULTING SERVICES SCOPE B (Infrastructure Improvements & Evaluations) SCOPE C (Ancillary Studies & Services) CURRENT AGREEMENT TERM: AUGUST 20,2021 — AUGUST 19, 2022 Dear Ms. Mechler: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPES B AND C' expires September 19, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with CDM Smith, Inc. services and would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttCo)bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, I*k,L Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 84 of 735 The City of Bounton 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 June 16, 2022 BID: GENERAL CONSULTING SERVICES SCOPE B (Infrastructure Improvements & Evaluations) SCOPE C (Ancillary Studies & Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and CDM SMITH, INC. AGREEMENT RENEWAL TERM: AUGUST 20, 2022 —AUGUST 19, 2023 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) CDM SMITH, INC. NAME OF COMPANY Suzanne E. Mechler, P.E., BCEE NAME OF REPRESENTATIVE (please print) July 29, 2022 DATE mechlerse@cdmsmith.com E -MAI L Digitally,- signed by Suzanne Mechler DN G=US, Suzanne Mechle_rED-mee hierse@cdmsmith.com, = SIGNATURE Date. 2022A7.2912:Sg:33-04'00' Vice President/ Client Service Leader TITLE 561-571-3756 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 85 of 735 The City of Bounton 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 June 16, 2022 CH2M Hill Engineers, Inc. Attn: Mario Loaiza, Sirpa Hall 550 W. Cypress Creek Rd. Fort Lauderdale, FL 33309 VIA EMAIL TRANSMITTAL TO: Mario. LoaizaLa)jacobs.com ; Sirpa.Hall&jacobs.com RFQ: 046-2821-17/TP - GENERAL CONSULTING SERVICES SCOPE A (Water Plant Modifications, Capacity, and Operational Evaluation) CURRENT AGREEMENT TERM: AUGUST 22,2021 — AUGUST 21, 2022 Dear Mario Loaiza / Sirpa Hall: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPE A" expires August 21, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with CH2M Hill Engineers, Inc. services and would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttCo)bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, I*k,L Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 86 of 735 The City of Bounton 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 June 16, 2022 BID: GENERAL CONSULTING SERVICES SCOPE A (Water Plant Modifications, Capacity, and Operational Evaluation) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and CH2M Hill ENGINEERS, INC. AGREEMENT RENEWAL TERM: AUGUST 22, 2022 —AUGUST 21, 2023 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) CH2M HILL ENGINEERS, INC. NAME OF COMPANY Sirpa H Hall NAME OF REPRESENTATIVE (please print) 6/21/2022 DATE sirpa.hall@jacobs.com E -MAI L SIGNATURE Manager of Projects TITLE (954) 299 8577 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 87 of 735 The City of Bounton 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 June 16, 2022 2GHO, Inc. Landscape Architects Planners Environmental Consultants Attn: George Gentile 1907 Commerce Lane Suite 101 Jupiter, FL 33458 VIA EMAIL TRANSMITTAL TO: george(aD_2gho.com RFQ: 046-2821-17/TP- GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) CURRENT AGREEMENT TERM: AUGUST 20,2021 — AUGUST 19, 2022 Dear Mr. Gentile: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPE E" expires August 19, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with Gentile Glas Holloway O'Mahoney & Associates, Inc. services and would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttC�bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, Y Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 88 of 735 The City of Bounton 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 June 16, 2022 BID: GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and 2GHO, INC. Landscape Architects Planners Environmental Consultants AGREEMENT RENEWAL TERM: AUGUST 20, 2022 —AUGUST 19, 2023 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) 2GHO, INC. Landscape Architects Planners Environmental Consultants NAME OF COMPANY George G. Gentile NAME OF REPRESENTATIVE (please print) July 28, 2022 DATE georgep_2gho.com E-MAIL SIGNATURE Sr. Partner/ President TITLE 561-575-9557 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 89 of 735 rThe city of Bovxlon Beaci 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 June 16, 2022 BID: GENERAL CONSULTING SERVICES SCOPE A (Water Plant Modifications, Capacity, and Operational Evaluation) SCOPE C (Ancillary Studies & Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and GLOBALTECH, INC. AGREEMENT RENEWAL TERM: SEPTEMBER 7,2022— SEPTEMBER 6, 2023 XYes, 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) GLOBALTECH, INC. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) DATE SIGNATURE a TITLE (AREA CODE) TELEPHONE NUMBER E-MAIL America's Gateway to the Gulf Stream Page 90 of 735 Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, F1 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742--6310 June 16, 2022 SCOPE D (Transportation Services) Agreement between the City of Boynton Beach and KIMLEY-HORN AND ASSOCIATES, INC. AGREEMENT RENEWAL TERM: AUGUST 20, 2022—AUGUST 19, 2023 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) NAME OF COMPANY James M. Sumislaski, P.E. NAME OF REPRESENTATIVE (please print) 14X11� ')�e'l 1 1) DATE Jim.Sumislaskipkimley-horn.com E-MAIL N No Senior Vice President/Principal TITLE 6- n4j, 840-0823 America's Gateway to the Gulf Stream Page 91 of 735 The City of Bounton Beac] Finonrm4oxocu/emen/Jorvicea 100 E.Ocean Avenue Boynton Beach, Fl7343J P.0.Box 310 Boynton Beach, Florida 3J425'0310 Telephone No: /J61U742-631D June 16, 2022 West Architecture +Design, LLC Attn: Martha Morgan / Peter Genci 82ON.4th Street Lantana, FL334G2 VIA EMAIL TRANSMITTAL TO: mamoraanewestconstructioninc. net; RFQ: 046-2821-17/TP- GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) CURRENT AGREEMENT TERM: AUGUST 22,202Y—AUGUST 2f,2V22 Dear Ms. Morgan / Mr. Ganci: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPE E" expires August 21, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with West Architecture + Design, LLC memiomn and would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing, Please indicate your response on the following page and return it to Procurement Services via email to o2atU(@.bbfl.us 'at your earliest convenience. If you should have any questions, please do not hesitate to cnntactTany|yn Pratt, Contract Administrator at (561) 74246308. Sincerely, Inow CO -2 Mara Frederiksen Director ofFinancial Services tp America's Gateway mthe Gulf Stream Page 92Of735 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 June 16, 2022 BID: GENERAL CONSULTING SERVICES SCOPE E (Architectural & Landscape Design Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and WEST ARCHITECTURE + DESIGN, LLC AGREEMENT RENEWAL TERM: AUGUST 22, 2022 — AUGUST 21, 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) WEST ARCHITECTURE + DESIGN, LLC 7jkTAT UqA[0]jr0j9jjTjFjWAM jk NAME OF REPRESENTATIVE (please print) DATE SIGNATURE TITLE C -H., S 2 (AREA CODE) TELEPHONE NUMBER PLnA& OCILo, 0-MAfL America's Gateway to the Gulf Stream Page 93 of 735 The City of Bounton 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 June 16, 2022 Calvin, Giordano & Associates Attn: Robin Verse 1800 Eller Drive Suite 600 Fort Lauderdale, FL 33316 VIA EMAIL TRANSMITTAL TO: rverse(a)caasolutions.com RFQ: 046-2821-17/TP- GENERAL CONSULTING SERVICES SCOPE D (Transportation Services) CURRENT AGREEMENT TERM: AUGUST 20, 2021 —AUGUST 19, 2022 Dear Robin Verse: The current agreement term for "GENERAL CONSULTANT SERVICES — SCOPE D" expires August 19, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with Calvin, Giordano & Associates services and would like to extend the agreement for its 3rd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to prattt(a)bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 94 of 735 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 June 16, 2022 BID: GENERAL CONSULTING SERVICES SCOPE D (Transportation Services) BID No.: RFQ 046-2821-17/TP Agreement between the City of Boynton Beach and CALVIN, GIORDANO & ASSOCIATES. AGREEMENT RENEWAL TERM: AUGUST 20, 2022 —AUGUST 19, 2023 Yes, I agree to renew the existing agreement under the same terms, conditions, and PF'GiRg and staff types as listed in the original agreement. X A 5% CPI rate increase is requested rate sheet attachment. No, I do not wish to renew the bid for the following reason(s) CALVIN, GIORDANO & ASSOCIATES NAME OF COMPANY David Stambaugh NAME OF REPRESENTATIVE (please print) 07/25/2022 DATE DStambaugh@cgasolutions.com E-MAIL David E Stambaugh °g'ta"D22.07.25145y signed by dE04'00'a°9h Data. zozz.m.zs to 54 15-04'00' SIGNATURE Vice President of Professional Services TITLE (954) 921-7781 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 95 of 735 CGA PROFESSIONAL FEE SCHEDULE - BOYNTON BEACH RENEWAL Personnel Classifications I Orig Rates I Aug 2022-2023 2018 Rates 5% CPI Principal $215.00 $226.00 Project Manager $190.00 $200.00 Senior Transportation Engineer $175.00 $184.00 Senior Transportation Planner $150.00 $158.00 Senior Surveyor/Mapper $165.00 $174.00 Engineer $130.00 $137.00 Urban Designer $120.00 $126.00 Transportion Planner $125.00 $132.00 Environmental Specialist $125.00 $132.00 Engineering Technician $115.00 $121.00 Inspector (transportaton) $100.00 $105.00 GIS Specialist $125.00 $132.00 CADD Technician $95.00 $100.00 Transportation Planning Technician $100.00 $105.00 Clerical/Administrative $75.00 $79.00 Page 96 of 735 Bureau of Labor Statistics > Geographic Information > Southeast > News Release Southeast Information Office Consumer Price Index, Miami -Fort Lauderdale -West Palm Beach - April 2022 Area prices up 9.6 percent over the past 12 months The Consumer Price Index for All Urban Consumers (CPI -U) for Miami -Fort Lauderdale -West Palm Beach rose 1.5 percent from February to April, the U.S. Bureau of Labor Statistics reported today. Regional Commissioner Janet S. Rankin noted that the bi- monthly increase was largely attributed to an 11.3 -percent increase in the energy index. (Data in this report are not seasonally adjusted. Accordingly, bi-monthly changes may reflect the impact of seasonal influences.) The all items CPI -U advanced 9.6 percent for the 12 months ending in April. The index for all items less food and energy rose 7.5 percent over the past 12 months, while the energy index advanced 41.5 percent. The food index increased 4.4 percent over the past year. (See chart 1 and table 1.) Chart 1. (Iver -the -year percent change in CPI -U, Miami -Fort Lauderdale -West Palm Beach, FL, April 2019 -April 2022 ^-------- All item Percent change ..... .. All iterns less food and energy it's 10 0 '.. 9 0 8 0 .. .. .. .. .. .. 7.0 6 0 e 0 4 0 3 0 2 0 -1 p .._. ..... .._. .._. ..... .._. .._. J -2 0 Apr Jun Aug Oct Dec Feb Apr Jun Aug Oct Dec Feb Apr Jun Aug. Oct Dec Feb Apr 2019 2020 2021 2022 Source. U.S. Bureau of Labor Statistics. View Chart Data Search Southeast Regio News Release Information 22 -890 -ATL Wednesday, May 11, 2022 Contacts Technical information: (404) 893-4222 B LS I n foAtl a n to (v1 b l s. g ov www.bls.gov/regions/southeast Media contact: (404) 893-4220 Food The food index increased 2.2 percent from February to April, led by a 2.6 -percent increase in the food at home index. The food away from home index also increased over the bi-monthly period, up 1.4 percent. The food index increased 4.4 percent for the 12 months ending in April, reflecting an 8.0 -percent increase in the food away from home index. The food at home index rose 1.5 percent over the past year. Energy The energy index increased 11.3 percent from February to April, led by a 19.8 -percent increase in the gasoline index. The utility (piped) gas index edged up 0.2 percent over the bi-monthly period, while the electricity index was unchanged. The energy index advanced 41.5 percent for the 12 months ending in April. The gasoline index increased 44.2 percent over the past year, and the electricity index increased 37.8 percent. The utility (piped) gas service index also contributed to the increase, up 11.2 percent over the past 12 months. All items less food and energy The index for all items less food and energy rose 0.3 percent from February to April, largely due to a 2.0 -percent increase in the shelter index. The new and used motor vehicles index fell 5.1 percent over the bi-monthly period, reflecting a 2.5 -percent decline in the used cars and trucks index. The apparel index also declined over the two-month period, down 9.1 percent. The index for all items less food and energy advanced 7.5 percent for the 12 months ending in April, led by an 8.4 -percent increase in the shelter index. The new and used motor vehicles index rose 11.7 percent over the past year, reflecting increases in the used cars and trucks (+22.1 percent) and the new vehicles (+17.5 percent) indexes. Table A. Miami -Fort Lauderdale -West Palm Beach, FL, CPI -U 2 -month and 12 -month percent changes, all items index, not seasonally adjusted Page 97 of 733 2018 2019 2020 2021 2022 Month 2 -month 12 -month 2 -month 12 -month 2 -month I 12 -month 2 -month 12 -month 2 -month 12 -month 3,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2 '„,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 2 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 , „,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 4 February 2.6 1.0 0.4 1.4 D.81 3.39.8 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, April 0.1 3 5 0.8 2.2 1 0 0.5 1 6 4.1 1 5 9 6 June............................................................. 0.5 4,2 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,0.5 1.2 �,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,0.7 0.7 1 6 5.1 3„6 1„9 1„0 ,,,,,, Augus4,,,,,,,,,,,,,,,,,,,,,,,, 0.3 0.4 11.41 0.21 4.2 „Oc4ober ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 0.8,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,3,4 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,, 0.4 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1,.5 �,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,0.,�,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1.0 1 5 5.7 „December,,,,,,,,,,, -0 -0 -o,z 6 2.9 2 2.0 1 1 1 2 7,1, Page 97 of 733 The Consumer Price Index for May 2022 is scheduled to be released on Friday, June 10, 2022, at 8:30 a.m. (ET). Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) which covers approximately 93 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI -W) which covers 29 percent of the total population. The CPI -U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments -department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date; for most of the CPI -U the reference base is 1982-84 equals 100. An increase of 7 percent from the reference base, for example, is shown as 107.000. Alternatively, that relationship can also be expressed as the price of a base period market basket of goods and services rising from $100 to $107. For further details see the CPI home page on the Internet at www.bls.gov/cpi and the CPI section of the BLS Handbook of Methods available on the internet at www.bls.gov opub hom cps. In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Miami -Fort Lauderdale -West Palm Beach, FL, Core Based Statistical Area covered in this release is comprised of Broward, Miami -Dade, and Palm Beach Counties in Florida. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: (202) 691-5200; Federal Relay Service: (800) 877-8339. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods Miami -Fort Lauderdale -West Palm Beach, FL (1982-84=100 unless otherwise noted) Indexes Percent change from - Item and Group Feb. Mar. Apr. Apr. Feb. Mar. 2022 2022 2022 2021 2022 2022 Expenditure category ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, All Items ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 302.920; ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 307.420 9.61 1.51 All items (November 1977=100) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 488.265; 495.518; Food and beverages ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 289.604; 295.615; 4.01 2.11 Food ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 295.543; 302.019; 4.41 2.21 Food at home 278.9051 283.669; 286.0231 1.51 2.61 0.81 Cereals and bakery products ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 342.4161 347.9471 6.41 1.61 Meats, poultry, fish, and eggs ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 283.866; 290.5761 6.91 2.41 Dairy and related products 239.1071 253.216 0.21 5.91 Fruits and vegetables ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 313.5301 327.4481 -8.61 4.41 Nonalcoholic beverages and beverage materials(l) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 276.3401 276.6461 0.91 0.11 Other food at home ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 230.022; 234.4261 1.91 Food away from home 324.2001 328.8181 8.01 1.41 Alcoholic beverages ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 221.5131 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 221.0271 -1.41 -0.21 Housing 319.879; 325.8951 10.51 1.91 Shelter 361.7991 365.1631 368.8971 8.41 2.01 1.01 Rent of primary residence ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 352 8901 356.6861 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 360.3231 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 8.8 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,1-...,,,,,,,,,,,,.............................., 2.11 1.01 Owners' equiv. rent of residences(2.) 363.537; 365.709 368.3981 6.9 1.31 0.71 Owners' equiv. rent of primary residence(Z) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 363.537; 365.7091 368.3981 6.9 1.31 0.71 Fuels and utilities ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 231.516; 232.3631 27.81 0.41 Household energy 208.606; 209.1711 209.2301 37.61 0.31 0.01 Energy services ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 205.111; 205.1041 205.1171 37.41 0.01 0.01 Electricity ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 201.3861 201.3861 201.3861 37.81 0.01 0.01 Utility (piped) gas service 214.4341 213.9221 214.9131 11.21 0.21 0.51 Household furnishings and operations ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 190.4261 196.198; 13.91 3.01 r Footnotes (1) Index is on a November 1977=100 base. (2) Index is on a November 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. Data not available. NOTE: Index applies to a month as a whole, not to any specific date. Data not seasonally adjusted. paryp of 733 .................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................... Indexes Percent change from- Item and Group Feb. Mar. Apr. Apr. ,,,, Feb. Mar. 2022 2022 2022 2021 2022 2022 Apparel ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 156.257; 142.012; 2.7 -9.1 Transportation ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 271.020; 278.369; 19.6; 2.7 Private transportation 283.754; 290.483; 19.5; 2.4; New and used motor vehicles(3) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 142.869; 135.582 11.7 -5.1 ............................................................................................................................................................................................................................................................................................................................................................................................................................. New vehiclesty ................................................ 270 492 ................................................................................................... 272.7891 ...........................................,............................................ 17.5 0 8 Used cars and trucks)r ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 447.191 436.019 22.1 -2.5 Motor fuel ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 310.676; 372.167 372.656 44.3; 20.0; 0.1 Gasoline (all types) 307.353; 368.144; 368.245; 44.2; 19.8; 0.0 Unleaded regularL4) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 304.326; 365.082: 364.659: 44.9: 19.8: -0.1 Unleaded midgrade(4)(s) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 297.771; 353.787: 357.963: 41.2: 20.2 1 2 Unleaded premium(4) 318.8W 377.237; 381.4001 38.51 19 6 1.1 Medical Care594.555; 594.318; ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1.5 0.0 Recreation(2) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 131.239; 132.919; 4.5; 1.1 Education and communicationts) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 126.497; 127.551: 2.4 0.8 Tuition, other school fees, and child caret) 1,052.767( 1,052.7671 3.01 0.0( Other goods and services ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 420.099; 411.482 13.2; -2.1 Commodity and service group All Items 302.920; 307.420; 9.6 1.5 Commodities ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 236.268; 243.427; 12.9; 3.0 Commodities less food & beverages ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 200.512; 207.609 18.4 3.5 Nondurables less food & beverages 235 778 252.609; 19.9 7.1 Durables ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 161.908; 161.249; 17.5; -0.4; ............................................................................................................................................................................................................................................................................................................................................................................................................................. Services ................................................ 354.518; ................................................................................................... 357.160; ........................................................................................ 8.1 0.7 Special aggregate indexes f All items less medical care 290.495; 295.161; 10.3; 1.6; All items less shelter ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 271.808; 274.967; 10.5; 1.2 Commodities less food ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 201.822; 208.776; 17.6 3.4 Nondurables ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 266.049; 278.235; 11.5; 4.6 Nondurables less food ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 234.975; 250.942 18.6 6.8 Services less rent of shelter(2) ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 352.788; 349.240 7.7 -1.0 Services less medical care services ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 335.513; 338.231; 8.8 0.8 Energy ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 253.975; 282.453 282.709; 41.5; 11.3 0.1 All items less energy ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 1 308.365; 310.102; 7.1 0 6 All items less food and energy ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, 310.595; 311.671: 7.5 0.3 Footnotes (1) Index is on a November 1977=100 base. (2) Index is on a November 1982=100 base. (3) Indexes on a December 1997=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. Data not available. NOTE: Index applies to a month as a whole, not to any specific date. Data not seasonally adjusted. Last Modified Date: Wednesday, May 11, 2022 U.S. BUREAU OF LABOR STATISTICS Southeast Information Office Suite 7T50 61 Forsyth St., S.W. Atlanta, GA 30303 Telephone: 1-404-893-4222 www.bls.gov regions/southeast Contact Southeast Region Page 99 of 73§3 r7,printed on sustaioat?lp m7d recycled paper Page 100 of 735 Form L Purchasing Department July 12, 2022 50 South Military Trail, Suite 110 West Palm Beach, FL 334 15-3199 (56 1) 616-G800 Hach Company Div Danaher Environmental Water dba Hach FAX: (1i361) 2,12-6744 P.O. Box 608 www.l)bcsc)v.COIIIIPLltcliasitig Loveland, CO 80539 TERM CONTRACT#SS150946C This is to inform you that Palm Beach County Board of County Commissioners Palm Beach County ("County") is entering into a Term Contract with your company for HACH COMPANY Board of County INSTRUMENTATION PRODUCTS, OEM PARTS, PREVENTATIVE MAINTENANCE & colurnissioners REPAIRS based on: fiot)ert S. weiiirotli, Mayor 1XI SOLE SOURCE SOLICITATION #SS150946/CC Vendor shall notify Purchasing immediately if the sole source status changes. Gregg K Weiss, Vice,%layor Maria G Marino The term of this contract is 07/19/2022 through 07/18/2023, and has an estimated dollar value of $840,000. Dave Kerner If applicable, Vendor shall maintain all insurance coverage(s) throughout the entire Maria Sachs term of the contract, including any renewals or extensions thereof. Melissa. MCK i ti lay County User Departments will issue individual "Delivery Orders" against this contract Mack tenure as your authorization to deliver. The original invoice must be sent to the address on the Delivery Order ("DO") and must reference the DO number (e.g., DO 680 XY030305000000001111). A copy of the invoice may be sent to the County User Department. Invoices submitted on carbon paper shall not be accepted. In order for the County to make payment, the Vendor's Legal Name; Vendor's Address; and County Administrator Vendor's TIN/FEIN Number on the Vendor's bid/quote/response must be exactly the same as it appears on the invoice and in the County's VSS system that can be Verdenia C, Naker accessed at https:/Ipbcvssp,.co.palm-beach.fl.us/webapp/vssp/AltSeIfService. Failure to comply with the foregoing may result in a delay in processing payment. If you have any questions, please contact Staci Machado at smachadoftpbcgov.org or (561) 616-6835. Sincerely, Samara J. Cooper Assistant Director c: Vernetha Green, Water Utilities File r7,printed on sustaioat?lp m7d recycled paper Page 100 of 735 F�age 101 of 735 M� (D x 0 0 uj E w %t= 0 -0 -E c to 8 > a - -6 c E c -C cl, w m I- LO 0 U.) 0 Co 0 -C, .6 p- (0 (D (D (0 r- CD M CD 0 < 6 :D N -C 0 — — C5 0 't ON co w 64 q Ln (D Ln 05 - co 0) C cm 4-- Cf) C14 (IQ (D N 6 1 = 64 > 0 co 3: LO to E -i5 --r- 0 r_ :3 N :D C'4 N N N C'j -0 C': �c W -w 0 a.5; 0 M 0 0 CD 0 C) 0 (D '- E c 0 0) 8 0 0 0 (D c 0 E (D c LO 0 0- 't 0 0 C0 r- GT7 ur 0 (U 0 m 0 0 3: 0 (D 0-C& a) - E E 2 (D co oil m — N rn CL 4i 0) (D r - E :3 0 0 c 0 (D E > a) 0 E E E Cu < < 0 M 0 m 0 -0 a 46 > 0 0 E c C) C V1 Q7 0 < 0 w -- 0 0 0 6i () .0 :3 0 0 't-, C: -0 U m ca 0 co - MCCL > M OL 0 M C •D C) 0 U) CL qi 0 0 a) a m - c 0) (V E 0) a> 0-2 c co -c(D r- 0) 64 , "D (D ca C -0 0 (D - a) co "0 D- m x 3: > a) c E < 0 m O r (D -0 a Ln . 0 -5 E LO 0) r - co w 0 N E c: 0- m (D — .C: 0 0 M 4- C) M04 N M rc-1. 0 E 0 cn - �M, 6rq- - 0. cn c a) m 0 -."CO 0 M-0 a) C: 0 J-- " Lu C: 0. r- CD :3 Q-) C:> 'q a) .0 CD CL 0 b -0 Ln CL c :3 m r- m -,Qj -M 2 , M O CO c6 0) M 0 -C CO 0 :p a) r-- 0 0. c co c E 0 m 0 r- a C: C,4 (D '0 " 0 - E .0 x M C) a) C: Q E E 10 E m w .0 E c E 0 C 0 to m 07 =3 0 E 0 1- m CL CC c E rc-:) Q. -C — -- a) CN a) C: 0 0 C M 0 L) 0-1 w 0 (D -0 a) C: > (D CO > cy =0 m E r) a)U CL = — X M w CQ 0 0 t; :�� E 0 U) z z M 0 (1) a) W U M > 0 w 0OWZ0 E 'En 2 M w C: > ui F-0 M 0 < (D 7a) E > < = U 0 z > <C < z m U) 0 w T U) 0 0 uj T- 0 w 0 E .9 Lr- Q U) F�age 101 of 735 M� The City If Bounton BeaeA Finance Procurement Set -vices 100 E. Ocean Avenue Boynton Beach, FL 33435 AoBox 310 Boynton Beach, Florida .33425-0310 Teiephone No: (561) 742-6310 U19M Olufolarin Orindare Metropolitan Center, Florida International University 1930 SW 145 Avenue Suite 339 Miramar, FL 33027 III III I i: 1! 11 1 1 1! 1 1! 1 1 HE I I 1! 11 IN! I I m3mwmmm-=�F The contract documents allow for three (3) additional one-year periods. The City of Boynton Beach wou like to renew this contract for its I st renewal for an additional one-year period with the same terms, a conditions. I O= tp Page 102 of 735 FinancelProcurernent Services 100 E. Oceon Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6,310 RFP: ECONOMIC DEVELOPMENT PLAN RFP No.: 021-2419-21 AGREEMENT RENEWAL TERM: AIGUST 11, 2022—AUGUST 10, 2023 X Yes, I agree to renew the existing agreement under the same terms, and conditions for an additional one-year term. METROPOLITAN CENTER, FLORIDA INTERNATIONAL UNIVERSITY NAME OF COMPANY Ana Villafana 0,F) NAME OF REPRESENTATIVE (please print) DATE doraward( i)fiti,edu, avillafaCepriti.ectu E-MAIL D,q ' t,11y ,g,ed b, M. V,11,f.. IN 1 -11-1, 1 1-,1 Ana M. Villafana U,- ft, —ORED, ,1v111,f,@f1d,, � Associate Director, Award Services TITLE 305-348-249,4 SM99M America's Gateway to the Gulf Stream Page 103 of 735 6.D. Consent Agenda 8/16/2022 Requested Action by Commission: Accept the Fiscal Year 2021-2022 Budget Status Report of the General Fund and the Utilities Fund for the 9 - month period which ended June 30, 2022, unaudited. Explanation of Request: This report summarizes the adopted funding sources and expenditure budgets for the City's General Fund and Utility Fund for the nine (9) month period that ended June 30, 2022 (75% of the fiscal year, unaudited). The analysis compares: - Actual results for Fiscal Year 2021-22 to the annual budget and - Actual results for Fiscal Year 2020-21. How will this affect city programs or services? The annual budget is what provides and controls the resources for City programs and services. Fiscal Impact: Status of the annual budget to date for the General Fund and Utility Fund. GENERALFUND FY 2021-22 FY 2020-21 FY 2022 vs. 2021 Annual Actual to Date Annual Actual to Date Budget Actual Budget Amount % Budget Amount % % % Revenues & Transfers$ 102,643 $ 92,142 90% $ 99,185 $ 88,994 90% 3.5% 3.5% Expenditures $ (102,643) $ (80,346) 78% $ (99,185) $ (75,163) 76% 3.5% 6.9% Excess (Deficit) $ - $ 11,796 $ - $ 13,831 The General Fund chart above reflects revenue in excess of expenditures (dollars in thousand) yielding a $11.8M surplus for the unaudited period ending June 30, 2022. Much of the current surplus can be attributed to ad valorem revenues being paid fully in the earlier months of the fiscal year, while expenditures have a more even trend to spend throughout the year. Revenues & Transfers (Exhibit A)_ — Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $81 M or 79% of the total $102.6M General Fund budget for FY 2021-22. Transfers from other funds (non -revenues) provide $21.6M or 21 % of the total funding sources. These three major estimated funding sources are summarized as follows: 42% - $ 43.OM — Property taxes less Tax Increment Financing to the CRA 37% - $ 38.OM —All other revenues plus General Fund Balance 21% - $ 21.6M — Transfers from other funds 100% - $102.6M — Total funding sources Page 104 of 735 The property tax rate for FY 2021-22 is 7.8900 mills, a slight reduction from the prior year and yielding net property taxes of $43M, which is a 4.43% increase ($1.8M) over FY 2020-21. Actual Funding Sources Realized: At the end of the ninth month in FY 2021-22, revenues and transfers realized are approximately $92.1 M or 90% of the budget compared to $88.9M realized to date in FY 2020-21. The chart below presents the various categories of revenues received to date in the General Fund. (tlhru Juane 30, 20,22) ) 11 IN TE I IN AIL IF UI IN ID I_ I EV E IN UI E!--,?,, 59e5,9,ZG5 e I_IICFN!,F!=v AND PFIIM11'T'=Ye,$5 9,6649 EFS, .0 LICENSES V1 E'! PE A11111C1 ma E� E�oFm�wEor FFE"vEVkUES o CHARG Err F OP, SEF ICES Ad Valorem Taxes, net of discounts and TIF taxes to the CRA, received to date was $42.1 M or 98% of $43.011M as compared to $39.811M or 97% of $41.2M for FY 2020-21, as noted on Exhibit A. Expenditures (Exhibit B) Budgeted Expenditures: Appropriations increased approximately 3.49% from $99.1 M to $102.6M. The budget increase was due to mainly cost of wage increases and other operational cost. Actual Expenditures — General Fund expenditures are $80.3M, for the ninth month period ending June 30, which is 78% of the $102.6M adopted for FY2021-22. Note: the CRA Tax Increment Financing and the City's annual pension obligations for General Employees, Fire, and Police are paid early in the fiscal year (Chart below shows expenditures by function. Page 105 of 735 III" 1111111111111111111111 ,111 11111111111`1111�111 mi 111 iV I7 III I� 30j, 2022) LFII!= V.lIIRF !--,?,ERV IICF!=, PUIIIF1_IIS"IN0IRMv'=v, ._. ....... $2,5)32,97 4 , 49' IIJII11LID 11ING CSFVELr=6RPMFNT $2,734,566, 131,1(ro GEVeEF,,4LP,—O^ERN,PAEKT . PUBLIC ISAFETY BSI uLD I o x-- &. BI Env E1 0P N4 EN r uoa PUBLIC IAC'P.3 LEIS PIESHMICES The table at the top of Exhibit B shows year-to-date FY2021-22 spending levels, $80.3M of the $102.6M or 78% expended, slightly ahead of the $75.1M spent in FY2020-21 $ 4Q 1000,000 $3 5, 0130,0013 $30,013%000 ... OIC7 NOV DEC JAN FEB MAR APIR May JUN JUL &U G SiEP Boynton Beach General Fund lirr9ontl`ulyr OFomparison of Revenuues& Expendituures from October 2021 to June 2022 M11 -- m 11--m p,—arc.—, UTILITY FUND The FY 2021-22 annual expenditure budget of $54.8M represents a $2.6M increase over the FY 2020- 21 budget of $52.2M, see Exhibit C. Page 106 of 735 IIIIIIIIIIIIIIIIIII ilIIIIIIIIIIIIIIIIIII � .. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII „� UTILITY FUND The FY 2021-22 annual expenditure budget of $54.8M represents a $2.6M increase over the FY 2020- 21 budget of $52.2M, see Exhibit C. Page 106 of 735 For the ninth month period in FY 2021-22, • Utility Revenues realized are $40.51M (74%), see chart below. • Utility Expenditures incurred are $33.9M (62%) of the appropriated budget. This resulted in revenues in excess of expenditures, which yielded a surplus of approximately $6.6M. Even though, at this period of time, the Utility Fund has been consistently maintaining the revenue to expenditure ratio, the depreciation expense for Capital is a significant expenditure only posted at year end which will likely offset this ratio. lFY 201.1/22 UTIIIIII,,.Iirry t UlPEIRArIIII I III IEINlUIlE.! (herr a .l ui n ^ 30, 2022) II INT`E IR F'_,T&, rO I SC, FUND 1E A', V AN Q E, $27376CF,G 53 43.2.4E . 691, E, T' CIRNR'wVAT'EIE q_IT 111—17IF EE, 5437T, 3, 1191..,,,, ry''W,ATER SA"a,ll..11 S 'lEII Nll F4 5 II F',q'°;Ili'. 3 7>i:) F IY 9WA N'IIi`.T' UI I, lII.I T'Y FFElf:'. 'FN.VIN9I BALAIINVN:;IE Expenditures (Exhibit D).— Utility Fund FY 2021-22 expenditures to date (June 30, 2022) are $33.9M or 62% of the annual appropriation compared to expenditures of $31.5M or 60% for the prior fiscal year. The comparison of revenues and expenditures thru June is presented in the chart below. Page 107 of 735 FY 2021-22 FY 2020-21 FY 2022 vs. 2021 R&4enUes &Transfers. Annual Actual to Date Budget Amount % S 54,354 $ 40.557 74% Annum Actual to Date Budget Amount % $ 52,225 $ 3>8,119 73% Budget Actual % % 5.1% 6.40,E Expenditures Excess (Detr6t) .x(54,334) $(33,940) 62% S -1 $ 5,611 $(52,225) $ (31.537) 60% $ - 1 $ 6,502 5.1910 7.094 For the ninth month period in FY 2021-22, • Utility Revenues realized are $40.51M (74%), see chart below. • Utility Expenditures incurred are $33.9M (62%) of the appropriated budget. This resulted in revenues in excess of expenditures, which yielded a surplus of approximately $6.6M. Even though, at this period of time, the Utility Fund has been consistently maintaining the revenue to expenditure ratio, the depreciation expense for Capital is a significant expenditure only posted at year end which will likely offset this ratio. lFY 201.1/22 UTIIIIII,,.Iirry t UlPEIRArIIII I III IEINlUIlE.! (herr a .l ui n ^ 30, 2022) II INT`E IR F'_,T&, rO I SC, FUND 1E A', V AN Q E, $27376CF,G 53 43.2.4E . 691, E, T' CIRNR'wVAT'EIE q_IT 111—17IF EE, 5437T, 3, 1191..,,,, ry''W,ATER SA"a,ll..11 S 'lEII Nll F4 5 II F',q'°;Ili'. 3 7>i:) F IY 9WA N'IIi`.T' UI I, lII.I T'Y FFElf:'. 'FN.VIN9I BALAIINVN:;IE Expenditures (Exhibit D).— Utility Fund FY 2021-22 expenditures to date (June 30, 2022) are $33.9M or 62% of the annual appropriation compared to expenditures of $31.5M or 60% for the prior fiscal year. The comparison of revenues and expenditures thru June is presented in the chart below. Page 107 of 735 Boynton Beech ch Ut i I ity Fund Monthly Comparison of Revenues Expenditures from October 2021 to June 2022 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D Addeinduirn D Addendum D Adei nduirn D Addenduirn Description Flinainn:;ial F:�epoir] . ..... G(nn Fund FRev tt-wk..0 .I k..uine 2022 Flinain(.;ial FRepoid. G(...,in IFurnd IExlp thiru .I une 2022 F::�inandial Repoirt Utility F::uiind IRev t[liru J une 2022 Financial 1F= epoir[ L.)d.ilkly IC u.xnd IExp thin.ai m.h.aiirne 2022 Page 108 of 735 EXHIBIT A CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30, 2022 (75% of Fiscal Year) * actual building revenue will be reclass to the Building Fund. S\Fina-Tinancial Reports,Tllonthly Financial Reports'FY2021-22FY2t22 Budget Review - GF - thni Sure 22 Summarized001 Revenue Summary Revised Page $,092of 735 REVENUES FY 2021-22 FY 2021-22 TO DATE FY 2020-21 FY 2020-21 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED $ 52,968,382 REALIZED $ 52,067,130 REALIZED 98% APPROVED $ 50,558,508 REALIZED 49,202,610 REALIZED 97% AD VALOREM TAXES, net LESS TIF TAXES TO CRA (9,930,598) (9,911,897) 100% (9,345,700) (9,331,539) 100% NET TAXES TO THE CITY 43,037,784 42,155,233 98% 41,212,808 39,871,071 97% LICENSES AND PERMITS BUSINESS TAXES 1,775,200 1,563,052 88% 1,620,200 1,380,200 85% BUILDING PERMITS * 250,000 75,787 30% 200,000 2,942,076 1471° FRANCHISE FEES 5,147,000 3,647,249 71% 4,945,000 3,326,436 67% OTHR LICENSES, FEES & PER 210,000 133,561 64% 180,000 171,624 95% INTERGOVERNMENTAL REVENUES OTHER FEDERAL REVENUE 50,000 27,879 56% 50,000 25,056 50% STATE SHARED REVENUES 9,628,800 8,428,631 88% 9,723,737 6,985,125 72% SHRD REV FROM OTHR LCL 300,000 130,695 44% 245,000 193,135 79% CHARGES FOR SERVICES PYMTS IN LIEU OF TAXES 190,500 186,149 98% 149,500 174,793 117% CHRGS-GENERAL GOVT 617,000 589,518 96% 462,000 367,168 79% PUBLIC SAFETY 7,217,526 7,823,512 108% 6,861,415 5,851,824 85% PHYSICAL ENVIRONMENT 15,000 12,300 82% 14,000 15,598 111° CULTURE/RECREATION 837,500 493,674 59% 820,500 405,615 49% INTEREST & MISC REVENUE LIBRARY FINES 5,000 8,517 170% 25,000 7,000 28% VIOLATIONS LOCAL ORD. 495,000 360,535 73% 477,109 386,909 81% INTEREST EARNINGS 192,000 44,960 23% 188,000 69,892 37% RENTS AND ROYALTIES 442,800 471,901 107% 350,500 430,495 123% SPECIAL ASSESSMENTS 6,784,000 6,811,269 100% 6,759,000 6,805,412 101° SALE OF SURPLUS MATERIAL 3,000 1,554 52% 3,000 863 29% OTHER MISC. REVENUE 4,385,000 4,480,593 102% 4,500,000 3,972,555 88% INTERNAL FUND TRANSFERS TRANSFERS 21,649,500 15,137,125 70% 18,473,000 14,167,250 77% FUND BALANCE APPROPRIATED (589,057) (441,793) 75% 1,925,660 1,444,245 75% Total Revenues $ 102,643,553 $ 92,141,901 90% $ 99,185,429 88,994,342 90% * actual building revenue will be reclass to the Building Fund. S\Fina-Tinancial Reports,Tllonthly Financial Reports'FY2021-22FY2t22 Budget Review - GF - thni Sure 22 Summarized001 Revenue Summary Revised Page $,092of 735 S:`Fina-Tinaneial Reports\Monthly Financial Reports\FY2021-22`FY2122 Budget Review - GF - lhru June 22 Summaiz d001 Expenditure Summary Revised Page I IG20f 735 EXHIBIT B CITY OF BOYNTON BEACH, FLORIDA GENERAL FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30, 2022 (75% of Fiscal Year) EXPENDITURES FY 2021-22 FY 2021-22 TO DATE FY 2020-21 FY 2020-21 TO DATE ACCOUNTS BUDGET EXPENDED % BUDGET EXPENDED APPROVED EXPENDED APPROVED EXPENDED GENERAL GOVERNMENT CITY COMMISSION $ 316,229 $ 230,768 73% $ 307,464 $ 205,007 67% CITY MANAGER 768,806 802,223 104% 866,840 665,110 77% CITY HALL/GEN. ADMIN. 4,057,236 2,706,929 67% 3,865,627 2,236,388 58% MARKETING/COMMUNICATIONS 539,699 298,323 55% 427,463 311,902 73% SPECIAL EVENTS 558,967 369,538 66% 246,351 68,130 28% TOWN SQUARE 4,334,834 4,227,112 98% 5,134,432 4,941,316 96% CITY CLERK 768,626 642,495 84% 619,401 460,923 74% CITY ATTORNEY 615,045 503,412 82% 648,257 446,912 69% FINANCIAL SERVICES 1,667,679 1,297,322 78% 1,517,010 1,147,927 76% ITS 2,945,942 2,098,994 71% 2,768,098 1,996,741 72% HUMAN RESOURCES 1,087,664 739,352 68% 853,239 651,247 76% ADA & INCLUSION 382,789 62,027 16% 0 0 PUBLIC SAFETY UNIFORM SERVICES 19,418,590 15,898,664 82% 17,920,977 14,065,291 78% OFFICE OF THE CHIEF 5,132,926 4,057,608 79% 5,074,790 3,838,552 76% SUPPORT SERVICES 13,540,516 10,164,864 75% 12,845,135 9,567,085 74% FIRE 27,596,600 22,320,739 81% 26,952,834 20,512,264 76% COMMUNITY STANDARDS 0 1,198 2,014,689 1,597,858 79% EMERGENCY MANAGEMENT 33,437 7,832 23% 1,465 572 39% BUILDING & DEVELOPMENT DEVELOPMENT 376,201 258,117 69% 470,158 874,332 186% BUILDING 0 398 1,858 18,270 983% COMMUNITY STANDARDS 1,500,250 1,111,083 74% 11,000 0 ENGINEERING 590,398 400,740 68% 753,001 637,964 85% PLANNING & ZONING 835,472 586,488 70% 780,491 540,664 69% ECONOMIC DEVELOPMENT 573,331 347,740 61% 521,242 255,495 49% PUBLIC WORKS PUBLIC WORKS 150,563 118,271 79% 108,182 98,042 91% FACILITIES MANAGEMENT 2,486,897 1,706,439 69% 2,811,455 1,792,017 64% STREETS MAINTENANCE 1,358,169 925,916 68% 1,301,358 873,868 67% PARKING SERVICES 213,950 142,348 67% 164,428 75,184 46% LEISURE SERVICES LIBRARY 2,536,739 1,896,561 75% 2,498,277 1,901,897 76% SCHOOLHOUSE MUSEUM SERV 289,349 212,788 74% 366,233 269,721 74% RECREATION 3,856,638 2,812,001 73% 3,574,042 2,678,039 75% PARKS & GROUNDS 4,110,011 2,829,246 69% 3,759,457 2,438,453 65% CRA REIMBURSABLE & RESERVES - 568,966 - (4,151) Total Expenditures $ 102,643,553 $ 80,346,502 78% $ 99,185,254 $ 75,163,020 76% S:`Fina-Tinaneial Reports\Monthly Financial Reports\FY2021-22`FY2122 Budget Review - GF - lhru June 22 Summaiz d001 Expenditure Summary Revised Page I IG20f 735 EXHIBIT C CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF REVENUES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30, 2022 (75% of Fiscal Year) REVENUES FY 2021-22 FY 2021-22 TO DATE FY 2020-21 FY 2020-21 TO DATE ACCOUNTS BUDGET REVENUE % BUDGET REVENUE % APPROVED REALIZED REALIZED $ 24,200,000 $ 17,476,888 72% APPROVED REALIZED REALIZED $ 24,200,000 $ 17,372,654 72% WATER SALES WATER CONNECTION FEE 125,000 24,935 20% 125,000 66,956 54% WATER SERVICE CHARGE 500,000 562,115 112% 850,000 366,210 43% WTR-BACKFLOW PREVNTR TEST 26,500 30,483 115% 17,500 31,599 181% RECLAIMED WATER SALES 500,000 481,280 96% 510,000 418,453 82% DISTRICT ENERGY PLANT 400,000 252,440 63% 457,000 242,759 53% WATER CANAL ASSESSMENT - 10,198 - - SEWER SERVICE 20,150,000 14,943,680 74% 20,150,000 14,817,281 74% STORMWATER UTILITY FEE 5,600,000 4,377,993 78% 5,000,000 4,092,522 82% TELEVISE SEWER LINES 3,500 - 0% 12,000 1,549 13% FEES 13,700 2,433 18% 35,000 4,278 12% INTEREST INCOME 60,000 (43,055) -72% 117,181 51,155 44% SALE OF SURPLUS MATERIAL 1,000 2,551 0% 2,000 14,160 0% OCEAN RGE UT TAX ADM CHG 800 608 76% 800 445 56% LAKE WORTH WATER SEWER 4,000 1,372 0% 4,000 3,189 0% WATER MAIN ASSESSMENT - - 0% - 14,161 0% LAKE IDA WATER QUALITY - 10,790 0% - - 0% MISCELLANEOUS INCOME 70,000 358 0% 55,000 104,650 0% FUND BALANCE DECREASE (INCREASE) 3,229,950 2,422,463 75% 689,585 517,189 75% TOTAL REVENUES 54884450 $ 40,557,532 74% $ 52,225,066 $ 38,119,210 73% S1Finanua Financial Reports\Monthly Financial ReportsTY2021-22TY2122 Budget Review- UF- thru June 22 Summarized401 Rev Sum Page 111 of 735 EXHIBIT D CITY OF BOYNTON BEACH, FLORIDA UTILITY FUND ANALYSIS STATEMENT OF EXPENDITURES - COMPARATIVE BUDGET TO ACTUAL Fiscal Year Period Ended June 30, 2022 (75% of Fiscal Year) EXPENDITURES lF:Y 2021-22 lF:Y 2021-22 TO DATI:: FY 2020-21 FY 2020-21 TO DATE ACCOUNTS I3U1[)GI::T % BUDGET % EXPEINDIHD APPR0VIIH111 1F.:MIN EXPENDED APPROVED EXPENDED DISTRICT ENERGY PLANT $ 320,335 $ 224,665 70% $ 471,256 $ 147,814 31% WATER DISTRIBUTION $ 1,848,191 $ 1,363,954 74% $ 1,963,471 $ 1,287,438 66% PUBLIC WATER TREATMENT 6,915,588 4,916,627 71% 6,880,369 4,503,466 65% METER READING & SERVICES 1,378,459 1,022,312 74% 1,387,670 893,879 64% WASTEWATER COLLECTION 1,844,596 1,207,793 65% 1,934,168 1,447,482 75% WASTEWATER PUMPING STATNS 2,673,007 1,776,374 67% 2,744,100 1,916,613 70% SEWAGE TREATMENT 6,719,300 3,757,963 56% 4,991,120 3,387,555 68% WATER QUALITY 669,048 457,420 68% 743,590 478,969 64% UTILITY ADMINISTRATION 20,961,120 15,295,179 73% 20,437,474 14,674,484 72% UTILITES ENGINEERING 1,343,786 827,680 62% 1,311,767 1,017,153 78% STORMWATER MAINTENANCE 1,499,464 994,982 66% 1,550,577 1,076,061 69% CUSTOMER RELATIONS 1,058,085 656,279 62% 1,062,369 686,505 65% DEBT SERVICE * 7,653,471 1,442,456 19% 6,747,135 19,965 0% Total Expenditures $ 54,884,450 $ 33,945,884 621, $ 52,225,066 $ 31,537,384 60% * allocation will be processed in the 4th quarter of the fiscal year S:\Finance\Financial Roporls\ Monthly Financial Reports\FY2021-22\FY2122 Budget Review- OF - thru June 22 SummarimJ1401 Exp Sum Page 112 of 735 6.E. Consent Agenda 8/16/2022 Requested Action by Commission: Proposed Resolution No. R22-109- Assess the cost of nuisance abatement on properties within the City of Boynton Beach. Explanation of Request: In accordance with the Municipal Lien Procedure on file in the City of Boynton Beach, the attached list contains the addresses of properties cited by Community Standards for nuisances abated by a City - contracted vendor. The Financial Services Department sent an invoice to each property owner, to which no response was received within the required 30 -day period. Copies of the invoices were then forwarded to the City Clerk's Office for continuation of the procedure. The property owners were again issued a copy of the invoice and a letter which offered an opportunity to pay the invoice within an additional 30 -day period. The attached list contains the names of the property owners who have still not responded to our correspondence. At this point in the procedure, authorization is requested to record liens against these properties in the public records of Palm Beach County within 30 days of adoption of the Resolution. Prior to sending the Resolution to the County for recording, the City Clerk will send another letter to each property owner notifying them they have another 30 days to pay the invoice before the Resolution is sent for recording. An additional administrative fee of $30 will be added to the assessment when the Resolution is sent to the County for recording. Thirty days after the Resolution is recorded, the property owners will receive, by certified mail, a copy of the Resolution and another letter stating the unpaid balance will accrue interest at a rate of 8% per annum. How will this affect city programs or services? Allows the City to collect on services performed on properties within the City limits. Fiscal Impact: This process allows us to place liens on the properties in order to reimburse the City for the services that were provided when the nuisances were abated. Alternatives: The alternative would be to not place liens on the properties and not collect for the service provided. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 113 of 735 Is this a grant? Grant Amount: Attachments: Type D Resdbfioin D Exhibit Description FResok.jibloin INN. FR22 109 NuisainceAlbaterneint 08 16 2022 E)dllblt A Page 114 of 735 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 RESOLUTION NO. R22-109 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ASSESSING THE COSTS OF ABATEMENT OF CERTAIN NUISANCES AGAINST THE OWNERS OF THE PROPERTIES INVOLVED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a contract vendor was requested by Community Standards to mow the lots, remove vegetation and board up structures on the properties, described in Exhibit "A"; and WHEREAS, the owners of the parcel(s) of property hereinafter described were invoiced by the Finance Department in an effort to recoup these costs with no response; and WHEREAS, said nuisance was not abated as required; and, WHEREAS, all of the property owners listed in the attached Exhibit "A" were sent letters offering them an opportunity to remit within 30 days in order to avoid incurring a lien on their property, and WHEREAS, the City Manager or her authorized representative has made a report of costs actually incurred by the City and abatement of said nuisance as to the property(s) involved, which is described in Exhibit "A" attached to this Resolution; and WHEREAS, upon passage of this Resolution, the property owners will be furnished with a copy of this Resolution, and given one more opportunity to remit all costs associated with the abatement in full within 30 days of the passage of the Resolution, before transmittal to the County for recordation of Liens; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA AS FOLLOWS: Section 1: Each Whereas clause set forth above is true and correct and incorporated herein by this reference. Section 2: The amount of costs incurred by the City and the abatement of the above-described nuisance as to the parcels of land, owned and indicated to wit: SEE ATTACHED EXHIBIT "A" S:ACA\RESO\Nuisance Abatement for 09162022 - Reso.docx Page 115 of 735 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 Subject amount is hereby assessed as liens against said parcels of land as indicated, plus an additional administrative charge of $30.00 for each Lien. Liens shall be of equal dignity with the taxes there from for the year 2022, and shall be enforced and collected in like manner pursuant to applicable provisions of law. In the event collection proceedings are necessary, the property owner shall pay all costs of the proceedings, including reasonable attorney's fees. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) S:ACA\RESO\Nuisance Abatement for 09162022 - Reso.docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 116 of 735 LO Cl) O N ca O 30 0 Q 0,;6 0 N "i V .6 O Ln fA co GO, Cl) EA a w O O y C V co W p O o o M > E W EfJ fA �Qrn �3 N LO LO _u O co co > o C:) Ln c o _ rn r- y J N CD M CO I— N N N N N N C N m E ` U w m N S -Zt a Q m > w V 0 Q z m0 V yN O m J a` z z OM I M U I> 0 rn 0 It 0 Lo CD 0 0 o 0 � 0 0 z o 0 0 U a o 0 0 _ N 00 N LO V Lf) V LO V Cl) V co V Cl) V W O aO O 00 O Lo Cl) N Q CO M >• LO 'a N Cl) CO) J (6 N 3 m LL M Q J LLQ > U 0)J = LL ) ` 6 N O Uw CO '— g � w o a o zCU �oN U O O M O u7 U m CO M CO, 1- � m 3 — E m m z c 0 2 U Eco o W U m � J LL J N E m Z N m >' (D J O N CD LL O C 4fC E m N N � � O z �S i U O O 0 � LL = Y LO Cl) O N ca 6. F. Consent Agenda 8/16/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/16/2022 Requested Action by Commission: Legal expenses - June 2022 - Information at the request of the City Commission. No action required. Explanation of Request: Outside Counsel invoices received through Risk Management are also included. How will this affect city programs or services? N/A Fiscal Impact: These expenses have been budgeted in FY 21/22. Alternatives: N/A Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 118 of 735 Ty pe AltachirTIE,'Illl D ALtachirneint D Attachirner-A D Aftachiment D Afta(,., hirnein t D Altachiment D Attachment D Aftachiment Description Goren Cheii-of I..)oody & Ezirdl Aline 2022 I Inw.Aces Goren C[ieirof II )oody &IE: zirdl Ju,.jine 2022 [Risk I JbIgabloin Ilinvoices Johinsoin AnSeIIITIO SIMith vs Fldlhc(,-s Officeirs [.3 eir be�n J ohinsoin AinselllMO Esta�.e of ICJ: avis J k..une 2022 Jdlhin,,..oin Anselimo ("'OBB adv. L.Atirnate [.3akery J une 2022 FRobeirtsIFRE.�qinolds SimiUh vs Flolice Offik-,eir's Sohn June 2022 Mdl:::::add(.aun Juine� 2022 Rea. -Join J une 2022 II invoice Page 119 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson General Matters ACCOUNT NO: STATEMENT NO: :Loff]k : 06/01/2022 DS Drafted City Hall Code of Conduct. Reviewed case law regarding exclusion 1.30 SMS from municipal libraries and Clty Hall. 2.80 QEM Continue review and evaluation of outstanding procurement contract items 2.60 MDC for water mains and origami. 2.30 SHB Discuss pending matters with MDC and BJS. 0.70 MDC review materials, attend office hours (review agenda items, sign 0.80 QEM agreements and agreements, meet with Mayor on pending items) 3.50 SMS Review of upcoming agenda items for approval and related items. 0.40 06/02/2022 MDC review issues with publication for utility expenditure, review agenda items 1.30 SMS Review of agenda item and research on under FMV of property; Call with CRA staff on FMV of property; Research on duly noticed public hearing 2.60 MDC requirements. 2.00 QEM Review and update status of city hall security draft policy; discuss matter with Ms. Bridgeman. 0.80 QEM Review and coordinate with staff re: Origami Agreement review. 0.60 DS Revised behavioral strides hold harmless agreement. 0.20 HN Discussion with SHB re: status of property located at 1213 NW 4th St and 0.50 DJD upcoming Special Magistrate hearing. 0.20 DJD Review revision to Lease with Affiliated 0.60 SMS Review of parking agreement and related correspondence. 0.20 SHB Discuss security team matters with QEM. Discuss Chronic Nuisance matters with HN. 0.20 06/03/2022 SMS Research, discussion with CRA counsel related to 211 East Ocean Avenue; Page: 1 07/06/2022 306-9001821 42745 Page 120 of 735 Call with staff to discuss advertisement and public hearing; Discussion on First Amendment and related Resolution with CRA; Update Exhibits for First Amendment to ILA; Additional Research on Duly Noticed Public Hearing. 2.60 MDC review emails on nuisance abatement matters, review emails on agenda; meet with staff on preparation for height workshop, revise hypoluxo ILA (sewer) and distribute to City utilities and Hypoluxo attorney for review. 4.00 HN Discussion with Candice Stone re: 1213 NW 4th St property. Discussion with MDC. Review of email from MDC. 0.40 QEM Discuss ethics issue with Mr. Cirullo. 0.50 DJD Telephone conference with Kathryn Rossmell re: Affiliated Parking Lease; review lease 0.70 SHB Discuss legislative update and memoranda with BJS. 0.10 Page: 1 07/06/2022 306-9001821 42745 Page 120 of 735 Page: 2 CITY OF BOYNTON BEACH 07/06/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 42745 General Matters HOURS 06/06/2022 MDC review emails on pending matters, call with Lynn Swanson on review of 1.30 QEM documents from City Manager; attend staff meeting; review emails and 0.50 QEM materials on agenda process and procurement inquiries, misc calls on agenda 1.40 QEM Office conference with Mr. Cirullo re: ethics issues. 0.20 QEM Coordinate with staff and begin review of Ezell Hester Park Improvement 1.60 CLD procurement. 1.00 QEM Preparation for and meeting with staff re: origami software agreement. 1.30 SMS Review of Agreement for agenda item and relevant exhibits and 0.80 correspondence. 0.30 06/07/2022 MDC review materials, inquiry from finance on retroactive reimbursement; review 1.30 QEM agenda materials, misc meetings with city staff in advance of meeting; 0.50 QEM review draft agenda process; review pending agreements; prepare for and attend Commission meeting 7.80 QEM Review and evaluation of marketing MOU with NRPA for Parks and 0.70 SHB Recreation. 1.60 CLD Drafted cover letter to Judge Weiss for transmittal of Return. 0.30 QEM Finalize review and respond to staff re: Ezell Hester ITB. 2.80 QEM Update and send comments to staff re: Origami Agreement. 0.80 06/08/2022 SMS Draft/review/revise Landscape Easement Agreement; Discussion with Risk Department about Indemnification Language for work on City Property. 1.40 MDC follow up from 6/7/22 Commission meeting; review timing of effectiveness of code changes, review agenda processing; call with Lynn Swanson to discuss pending matters, review comments on Hypoluxo ILA 1.60 HN Preparation and attendance of meeting with SHB, Code staff, Major Johnson and Major Zeller relating to Cherry Hill Property. Email exchange with SHB re: chronic nuisance cases. Discussion with Lynn Swanson relating to a partial release for Case #: 10-1475. 1.50 SHB Follow up with Code re: Chronic Nuisance agenda. Follow up re: status of Homing Inn and Laurore. Telephone conference with Code and PD re: Cherry Hill chronic nuisance matters. Attend monthly chronic nuisance meeting. Receive and review inquiry re: Harbour Hall fines; review conditional lien release ordinance and follow up with MDC. 2.10 06/09/2022 MDC review land use cases and authorities regarding changes in zoning, review and revise slides for workshop, call regarding Hypoluxo ILA 1.30 QEM Review and respond to staff re: inquiry re: Ezell Hester ITB. 0.50 QEM Review and respond to staff correspondence re: Risk Management RFP documents. 0.50 QEM Review and respond to staff re: Killebrew inquiry re: Bid No. 079-2821-21. 0.70 SHB Review and sign various appointment letters. Review and sign legal ad. Discuss pending matters with Lynn. 0.40 06/10/2022 SHB Discuss pending matters with MDC and Lynn. Various correspondence with MDC, Temple, Mack re: Homing Inn sale/injunction matters; review related statutes. 0.80 SMS Review of sketch and legal, and related correspondence for Publix Easement Agreement. 0.40 QEM Execute authorization to publish Ezell Hester Center ITB as to form; transmit form to staff. 0.20 Page 121 of 735 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: General Matters HOURS QEM Review and begin preparation of edits to Public Arts Vendor Application. 1.80 MDC review materials, meet with Interim CM on pending matters, conference with staff on sunshine matters for advisory boards; review agenda items for 6/21 Commission meeting; meet with City Manager and clerk on meeting process review; meet with City Manager on pending items, meet with City Engineer on FDOT matters 4.00 06/13/2022 MDC misc research re: zoning in progress, call with Shana Bridgeman on 06/14/2022 MDC review agenda items for 6/21; respond to inquiries from assistant city manager on ordinance/resolution forms; follow up on contract revisions for pending code matters 0.40 SMS Correspondence related to agenda items. 0.40 QEM Finalize draft Arts Vendor Agreement edits. 1.80 QEM Review of follow-up correspondence from Staff to Republic Construction re: 0.60 SHB Various correspondence re: Cherry Hill hearing and security matters. termination of Agreement. 0.40 QEM Review and respond to email correspondence from Ms. Pinto re: Origami Agreement; overview of comments from Origami. 0.70 SHB Discuss chronic nuisance and lien encumbrance matters with MDC. Follow up with Guim re: Harbour Hall matters. 0.30 06/14/2022 MDC review agenda items for 6/21; respond to inquiries from assistant city manager on ordinance/resolution forms; follow up on contract revisions for Examination of title work received for 121 W. OCean Ave. software purchases 1.50 SMS Review of draft Agreement and Zoom conference with staff related to Indoor Training Facility. 1.70 HN Review of Steven Grant's email. Email exchange with SHB. Phone SMS discussion with Candice Stone. Phone discussion with Steven Grant. 0.60 SHB Various correspondence re: Cherry Hill hearing and security matters. 0.20 06/15/2022 RLL Examination of title work received for 121 W. OCean Ave. 0.50 QEM Preparation for and meet with staff re: Risk Management Information System (RMIS). 1.60 SMS Review of public hearing notices and correspondence on updated agenda items; Discussion on City Lease of property; Call to discuss below Fair Market Value items for City approvals; Review related to Utility Easement Encroachment. 0.90 HN Review of park ordinance. Phone discussion with Kathryn Matos. Email to Lynn Swanson as to status. 0.40 MDC Telephone conference call with Lynn on agenda inquiries and review status of pending agenda items 0.30 06/16/2022 SMS Review of correspondence related to FMV and CRA properties for public hearing; Call with counsel for CRA; Discussion on waiver of right of first refusal; Review and discussion on agenda items. 1.70 QEM Review of status updates from staff re: Origami Agreement. 0.70 QEM Review of email correspondence from Ms. Swanson re: Kiwanis Agreement; begin review of Agreement. 1.60 MDC review status of agenda items for 6/21 and workshop 0.30 06/17/2022 MDC review materials and prepare slides for height workshop, confer with Jim Stables on pending matters and agenda, review agenda backup; revise Hypoluxo ILA for sewer connection 1.80 06/20/2022 SHB Discuss PRR matter with Swanson. 0.10 Page: 3 07/06/2022 306-9001821 42745 06/21/2022 QEM Review and evaluation of updated Risk Management Information System (RMIS) Agreement; follow-up with staff re: matter. 1.30 Page 122 of 735 Page: 4 CITY OF BOYNTON BEACH 07/06/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 42745 General Matters HOURS QEM Review and follow-up with staff re: status of review of contract for concessionaire. 0.70 QEM Review of status re: Killebrew, Inc.; Bid No. 079-2821-21 Pre -Chlorinated Bursting of Potable Water Mains; discuss with Ms. Pinto. 0.60 MDC review materials, misc meetings on 6/21 meeting; review agenda items for July 5, 2022, meeting; review items for planning workshop; revview revised ILA with Hypoluxo for sewer construction; prepare for and attend City Commission meeting 6.00 QEM Review and evaluation of updated MOU with NRPAs; respond to staff re: matter. 1.00 SMS Review of correspondence related to FMV and public notices for agenda items and related documents. 0.30 SHB Review inquiry re: remittance of public art fee, review ordinance, and follow up with Weiss. Attend commission meeting. 1.30 06/22/2022 QEM Review and evaluation of update from staff re: Termination of Contract for Purchase Order # 201184. 0.50 MDC review agenda items for 7/5/22 1.00 SMS Discussion and review related to 115 N Federal Highway. 0.40 QEM Review and edit staff draft Killebrew correspondence; correspond with staff re: matter. 1.20 06/23/2022 MDC review emails on pending matters, continue reviewing agenda items, call with Andrew Mack re: SHIP loan inquiries, review draft published notice for deep well injection permit 1.10 06/24/2022 MDC review emails on notice form reviews and procurement inquiries, review inquiries regarding attendance on quasi-judicial matters 0.90 SHB Discuss Cherry Hill Chronic nuisance matters with HN. Follow up with Guim re: proof of delivery of hearing notice. Transmit hearing notice and proof of service to counsel for property owner and counsel for tenant. Receive and being review/research of partial lien release request. 0.50 HN Review of email from SHB to Steven Grant re: to notice of special magistrate hearing re: 1213 NW 4th St. 0.20 QEM Review of final correspondence and documents provided in response to Killebrew Agreement inquiry. 1.10 06/25/2022 MDC review materials, attend planning workshop 4.00 06/27/2022 MDC follow up on status of agenda items, review additional agenda items, update city on pending legislative actions 0.80 QEM Review and evaluation of Volen Use Agreement; preparation of edits to Agreement and foward to Ms. Swanson for distribution. 0.50 SMS Review Publix Easement Agreement for approval; Review of Lakeside Gardens documents. 1.50 BJS Telephone call with Capt. Kelley re: Evidence and draft follow up correspondence re: History, ordinance, and follow with Lynn Swanson and MDC 1.00 06/28/2022 MDC continue reviewing agenda items for 7/5/22 meeting, call with CRA counsel 1.40 DS Updated legislative memos for HB 7055/7057, HB 1571, SB 254, HB 1421, SB 706. 0.20 06/29/2022 MDC continue to review agenda items for 7/5/22, review employment letter 1.00 Page 123 of 735 Page: 5 CITY OF BOYNTON BEACH 07/06/2022 ACCOUNT NO: 306-9001821 STATEMENT NO: 42745 General Matters HOURS HN Review of email from SHB related to Cherry Hill. Phone discussion with Lynn Swanson re: parks ordinance. 0.30 SHB Cherry Hill: Receive and review Diehl summary re: security for premises. Attend Chronic Nuisance meeting. Discuss chronic nuisance matters with MDC. 0.60 06/30/2022 MDC review agenda and backup, misc t/c with Lynn on agenda questions, review emails on code matters; review and respond to inquiries on grants and amendments, meet with staff as needed while at city hall 3.30 SMS Correspondence related to current City projects and authorized representatives. 0.20 BJS Meeting with MDC and follow up re: Held Evidence Matters, history, and review of ordinance with follow up with staff 0.80 FOR CURRENT SERVICES RENDERED 110.40 20,224.50 TOTAL CURRENT WORK 20,224.50 BALANCE DUE $20,224.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 124 of 735 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 07/06/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9001821 Boynton Beach FL 33435 STATEMENT NO: 42746 Attn: Lynn Swanson General Matters Photocopies 06/10/2022 Professional Services Chicago Title Insurance Company 125.00 06/13/2022 Professional Services Chicago Title Insurance Company 125.00 Professional Services 250.00 TOTAL ADVANCES THRU 06/30/2022 250.00 TOTAL CURRENT WORK 250.00 BALANCE DUE $250.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 125 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Special Fire Assessment TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-0005370 42696 495.00 $495.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 126 of 735 HOURS 06/06/2022 MDC review assessment adoption schedule and begin annual memorandum to City Administration 0.80 06/08/2022 MDC review emails and confer with Finance on special assessment matters and notice issues 0.30 06/09/2022 MDC review rate scenarios for FY 22-23, review materials on assessment schedule 0.30 06/24/2022 MDC review materials and follow up on fire assessment for FY 22-23 0.30 06/29/2022 MDC begin preparing preliminary assessment resolution 0.50 FOR CURRENT SERVICES RENDERED 2.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 2.20 $225.00 $495.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-0005370 42696 495.00 $495.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 126 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson LABOR - General ACCOUNT NO: STATEMENT NO: HOURS 06/01/2022 SHB Valencia Spells -Anderson - Prep for and attend EEOC mediation. Prepare General Release. 3.00 06/02/2022 SHB Telephone conference with Oldbury re: employment agreement, discipline, and separation matters. 0.50 06/03/2022 MDC review materials and information re: Cafaro 0.30 SHB Various Telephone conference with and correspondence with Oldbury re: separation agreement. Various review and revision of separation agreement. 2.30 06/06/2022 MDC Call with Shana Bridgeman on Carfaro separation matters, review misc emails and drafts of changes for separation agreement 0.50 SHB Receive and review comments from Cafaro attorney re: separation agreement. Discuss with Oldbury. Discuss with MDC and GB. Revise separation agreement and send to Oldbury for review. Additional review of Cafaro comments. Revise and send final agreement to Oldbury. Telephone conference with Oldbury. 3.10 06/07/2022 MDC follow up with Shana Bridgeman on Carfaro 0.20 GB Emails with accounting regarding invoice for predetermination hearing for Richard Rochester. Emails and telephone conference call with City regarding predetermination hearing for Richard Rochester. Emails with VA regarding invoice for predetermination hearing for Richard Rochester. 0.50 06/09/2022 SHB Review Weeks investigation and pre -d documents. Attend pre -d at City Hall. Discuss discipline matters with Stables, Oldbury, and Judon. Telephone conference with Oldbury re: discipline and arbitration matters. 3.80 SMS Research on grants and scholarships related to Fire Rescue Program and associated entities. 1.60 06/14/2022 SMS Discussion with fire staff on procedures and policies for donations; Research on City donation policy. 0.40 06/15/2022 SMS Research on Fire Department Explorer Program and policies for donations. 0.30 06/17/2022 SHB Spells -Anderson - review and revise EEOC settlement agreement. Draft Release and transmit to Oldbury for review. Review inquiry re: retro -active pay matters; review extra compensation statute. Call to Frederiksen. 1.70 Page: 1 07/06/2022 306-0603180 42697 06/21/2022 SHB Review statute and case law re: extra compensation; telephone conference Page 127 of 735 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: LABOR - General with Frederiksen and Oldbury to discuss. 06/29/2022 SMS Research on creation of 501C3 for Fire Explorer Program. 06/30/2022 SMS Prep for call on Fire Explorer Program. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 1.00 $225.00 SEAN M. SWARTZ 3.60 225.00 GAL BETESH 0.50 225.00 SHANA H. BRIDGEMAN 15.20 225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.80 1.00 0.30 20.30 w810.00 112.50 3,420.00 Page: 2 07/06/2022 306-0603180 42697 4,567.50 $4,567.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 128 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Red Light Cameras ACCOUNT NO: STATEMENT NO: 06/07/2022 PE Looked up 94 subpoenas on the clerk's website. Prepared missing notices for 6/14/2022 hearing. Converted to PDF/A and efiled. Sent prose notices to printer for mailing. 4.50 SHB Prep for attendance at upcoming trials. Telephone conference with PD re: recent trial issues. Review subpoenas and file additional RPOs. Coordinate court reporter for hearing. 3.10 06/13/2022 SHB Trial preparation. Various correspondence and discussion with PD and staff. Receive and review affidavits from defendant Colombo, transmit to PD for review. Review and approve NOls. 1.90 PE Looked up each case on the court docket. Prepared 4 notices for 6/14/2022 hearing converted to PDF/A and e -filed. Sent prose notices to printer for mailing. Updated calendar updated tracking log. 4.80 06/14/2022 SHB Review case law, prepare for and attend trials at Delray courthouse. 5.50 06/16/2022 PE Communicated with PD regarding violator address. Sort and organized 77 subpoenas for 7/12/2022 hearing. 2.60 06/17/2022 SHB Review and approve NOls. 0.30 PE Sort organized and prepared 20 notices for 7/12/2022 hearing. Sent prose notices to printer for mailing. Converted to PDF/A and efiled. Updated tracking log. 6.20 06/20/2022 PE Updated tracking log. Updated SHB calendar. Prepared 10 notices for 7/12/2022 hearing, Converted to PDF/A and e -filed. 3.10 SHB Review and approve NOls. 0.20 Page: 1 07/06/2022 306-0806020 42698 Page 129 of 735 HOURS 06/01/2022 PE Updated tracking log, communicated with PD. Sort organized and prepared 14 notices for 7/12/2022 hearing. 3.70 06/02/2022 PE Converted 14 notices to PDF/A and e -filed. 1.70 SHB Review and approve NOls. 0.20 06/03/2022 PE Sort and organized notices for 7/12/2022 hearing. Looked up cases on the clerks website. 2.60 06/06/2022 PE Sort organized and prepared notices for 7/12/2022 hearing. Sent prose notices to printer for mailing. Updated tracking log and updated SHB calendar. 5.00 06/07/2022 PE Looked up 94 subpoenas on the clerk's website. Prepared missing notices for 6/14/2022 hearing. Converted to PDF/A and efiled. Sent prose notices to printer for mailing. 4.50 SHB Prep for attendance at upcoming trials. Telephone conference with PD re: recent trial issues. Review subpoenas and file additional RPOs. Coordinate court reporter for hearing. 3.10 06/13/2022 SHB Trial preparation. Various correspondence and discussion with PD and staff. Receive and review affidavits from defendant Colombo, transmit to PD for review. Review and approve NOls. 1.90 PE Looked up each case on the court docket. Prepared 4 notices for 6/14/2022 hearing converted to PDF/A and e -filed. Sent prose notices to printer for mailing. Updated calendar updated tracking log. 4.80 06/14/2022 SHB Review case law, prepare for and attend trials at Delray courthouse. 5.50 06/16/2022 PE Communicated with PD regarding violator address. Sort and organized 77 subpoenas for 7/12/2022 hearing. 2.60 06/17/2022 SHB Review and approve NOls. 0.30 PE Sort organized and prepared 20 notices for 7/12/2022 hearing. Sent prose notices to printer for mailing. Converted to PDF/A and efiled. Updated tracking log. 6.20 06/20/2022 PE Updated tracking log. Updated SHB calendar. Prepared 10 notices for 7/12/2022 hearing, Converted to PDF/A and e -filed. 3.10 SHB Review and approve NOls. 0.20 Page: 1 07/06/2022 306-0806020 42698 Page 129 of 735 Page: 2 CITY OF BOYNTON BEACH 07/06/2022 ACCOUNT NO: 306-0806020 STATEMENT NO: 42698 Red Light Cameras HOURS 06/21/2022 PE Changed date on notices and sent to printer for mailing. Updated calendar. 0.80 06/27/2022 PE Sort and organized 65 subpoenas for 8/9/22 hearing. Updated SHB calendar. Updated tracking log. 2.60 06/30/2022 SHB Follow up re: returned NOls. 0.10 FOR CURRENT SERVICES RENDERED 48.90 7,242.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 11.30 $225.00 $2,542.50 PATRICIA EUGENE 37.60 125.00 4,700.00 Photocopies 51.80 TOTAL EXPENSES THRU 06/30/2022 51.80 06/15/2022 Professional Services Prestige Reporting Service 215.00 Professional Services 215.00 TOTAL ADVANCES THRU 06/30/2022 215.00 TOTAL CURRENT WORK 7,509.30 BALANCE DUE $7,509.30 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 130 of 735 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 07/06/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9904950 Boynton Beach FL 33435 STATEMENT NO: 42700 Attn: Lynn Swanson Litigation Miscellaneous '[�I�JZ: 06/01/2022 BJS Muni Pros follow up phone call 0.30 06/02/2022 BJS Review response and follow up re: Return of Weapon/Edwards, review municipal prosecution and follow up re: Tiffany Walker with review of felony case and telephone call with Ofc. Bloom, draft follow up correspondence to APD 1.20 06/03/2022 BJS Attend Zoom municipal prosecution hearing re: Walker/Open Container and Page 131 of 735 follow up 0.70 06/06/2022 QEM Telephone conference with CM Stables re: Ultimate Bakery matter. 0.20 06/08/2022 QEM Follow-up with Mr. Stables and staff re: ultimate bakery matter. 0.60 BJS Review correspondence and follow up re: Drug Burn/Return of Service 0.30 06/16/2022 BJS Review No Information for (2) municipal prosecutions and follow up 0.40 06/17/2022 BJS Follow up re: Release of Firearm / 3rd Party Authorization 0.30 06/22/2022 GB Emails with MDC regarding subpoena for documents served on City. Left voicemail and email to City regarding subpoena. 0.40 QEM Review of staff edits to draft settlement agreement; follow-up with Mr. Hochman re: matter. 0.80 06/24/2022 BJS Review correspondence and follow up re: 3rd PArty Authorization for Release of Firearm, review and follow up re: Tyler Babb 0.50 06/30/2022 GB Emails with MDC regarding Subpoena Duces Tecum served on the City. Telephone conference call with City Clerk regarding Subpoena. 0.40 FOR CURRENT SERVICES RENDERED 6.10 1,372.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL QUENTIN E. MORGAN 1.60 $225.00 $360.00 GAL BETESH 0.80 225.00 180.00 BRIAN J. SHERMAN 3.70 225.00 832.50 TOTAL CURRENT WORK 1,372.50 Page 131 of 735 Page: 2 CITY OF BOYNTON BEACH 07/06/2022 ACCOUNT NO: 306-9904950 STATEMENT NO: 42700 Litigation Miscellaneous BALANCE DUE $1,372.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 132 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Town Square Development '[�I�JZ: 06/01/2022 MDC Meet with staff on status of proposed development 0.50 06/02/2022 MDC Telephone conference call with Harvey Oyer 0.50 06/06/2022 MDC review zoning interpretation letter and notes form city planners 0.30 06/09/2022 MDC follow up with City Planning Staff on review of potential replacement development project 0.20 FOR CURRENT SERVICES RENDERED 1.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.50 $225.00 $337.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905263 42704 337.50 $337.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 133 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Colonial Estates Utility System '[�I�JZ: 06/21/2022 SMS Call with counsel for Colonial Estates and review of correspondence. 0.30 06/22/2022 SMS Calls to discuss the project and review of Agreement for Service Outside the City Limits. 1.80 06/23/2022 SMS Review of existing Agreements and community for Agreement Outside City Limits. 0.60 06/24/2022 SMS Revise Outside Services Agreement. 0.30 06/30/2022 SMS Revise/review Water Service Agreement and necessary documents for service outside the City. 0.40 FOR CURRENT SERVICES RENDERED 3.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 3.40 $225.00 $765.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905307 42705 765.00 $765.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 134 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Circuit Ct App Shah, Kirit and Dipka 06/07/2022 SHB Discuss case matters with MDC and GB. Review correspondence re: status of appeal. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905407 42711 HOURS 0.30 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 135 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Mangrove Park - Lease from St. Mark's TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905412 42712 427.50 $427.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 136 of 735 HOURS 06/16/2022 MDC review correspondence from church counsel and forward to city for review and advice 0.30 06/21/2022 MDC review letter from Diocese and call with thomas Courtney 0.40 06/24/2022 MDC Call with Andre Mack on response to Diocese re: status of lease 0.40 06/30/2022 MDC meet with Jim Stables and Andrew Mack, call with church counsel to update on city review 0.80 FOR CURRENT SERVICES RENDERED 1.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 1.90 $225.00 $427.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905412 42712 427.50 $427.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 136 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Laurore, Iva and Renan (Code/Foreclosure) 06/02/2022 KLE Prepare for and attend call with Aaron Wernick 06/03/2022 KLE Review Order Setting Hearing on Confirmation of Subchapter V Plan 06/06/2022 RLL Prepare amortization schedules for 15 and 30 year loans. KLE emails from and to Aaron Wernick re: settlement Plan ACCOUNT NO: STATEMENT NO: HOURS 0.70 0.30 0.30 0.40 06/07/2022 KLE Emails from and to Aaron Wernick re: settlement, email to Chief Stables re: status; 0.60 06/08/2022 KLE Conference with Mike Cirullo 0.30 06/10/2022 KLE Review Amended Plan, email to Chief Stables; 1.10 06/13/2022 KLE Sign off and process ballot 0.30 06/16/2022 KLE Review Small Business Monthly Operating Report 0.30 06/22/2022 KLE Review Order approving settlement; finalize and file City's Notice of Withdrawal of Motion for Rehearing 0.40 06/23/2022 KLE Review Certificate of Subchapter V Debtor on Acceptance of Plan and Confirmation Affidavit 0.40 06/28/2022 KLE Prepare for and attend confirmation and related hearings 1.30 FOR CURRENT SERVICES RENDERED 6.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 6.10 $225.00 $1,372.50 RACHEL L LEACH 0.30 125.00 37.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905432 42715 1,410.00 1,410.00 $1,410.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 137 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Ho, Benjamin and Karen (Code/Foreclosure) ACCOUNT NO: STATEMENT NO: 06/09/2022 HN Phone discussion with Wing Ho. Email to MDC. Phone discussion with MDC. Email exchange with Adam Temple. 06/10/2022 HN Phone discussion with Adam temple and email to Adam Temple cc MDC. 06/24/2022 HN Review of email from Adam Temple. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE HEATHER NEEDELMAN 0.70 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905433 42716 HOURS 0.40 0.20 0.10 0.70 157.50 TOTAL $157.50 157.50 $157.50 Page 138 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Priority Towing ACCOUNT NO: STATEMENT NO: 06/08/2022 GB Updated RLO chart. 06/17/2022 GB Telephone conference call with opposing counsel regarding trial. 06/22/2022 GB Telephone conference call with opposing counsel regarding trial date and motion to continue. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.50 $225.00 Photocopies TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905456 42718 HOURS 0.20 0.30 0.50 112.50 TOTAL $112.50 112.50 $112.50 Page 139 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Sterling Village Condominium (Duperault, Don) '[�I�JZ: 06/07/2022 HN Review of docket. Review of case law re: trustee representing trust in pro se capacity. Review of order re: trust's former attorney withdrawing. 0.50 06/08/2022 HN Review of status of case and email to SHB. 0.30 SHB Discuss hearing matters with HN. 0.10 06/16/2022 HN Edits to notice of hearing. Review of revised administrative orders. 0.30 06/17/2022 HN Phone discussion with Sterling Land Trust representative, Hanna Nermine. Email exchange with Hanna. Discussion with SHB. Review of court's order, review of city's motion and review of trust's motion. 0.70 06/24/2022 HN Phone discussion with Alan Raines. Email exchange with Alan Raines. 0.40 06/28/2022 HN Review of status of case and email to Alan Raines as follow up from discussion last week. 0.30 FOR CURRENT SERVICES RENDERED 2.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 2.50 $225.00 $562.50 SHANA H. BRIDGEMAN 0.10 225.00 22.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905512 42720 585.00 $585.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 140 of 735 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 07/06/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905525 Boynton Beach FL 33435 STATEMENT NO: 42721 Attn: Lynn Swanson v. JKM BTS Capital, LLC (Declaratory Action) HOURS 06/01/2022 GB Emails with Joanne O'Connor regarding John Markey's deposition. 0.10 06/02/2022 MDC Telephone conference call with Tom Baird on settlement status and litigation update 0.40 JAC Follow up call with Harvey Oyer regarding time equity; follow up call with Adam temple and Amanda Radigan; outline options for discussion with CityManager; call with Tom Baird regarding Status of depositions/discovery and settlement issues 1.80 06/03/2022 GB Email with City regarding mediation. Email to JAC, Tom Baird and Joanne O'Connor regarding Mayor's availability for mediation. 0.20 06/07/2022 GB Email to Joanne OConnor regarding mediation and deposition of John Markey. 0.10 06/08/2022 GB Updated RLO chart. Received and reviewed Order denying E2L's Motion to Intervene. 0.40 06/09/2022 MDC Telephone conference call wit Jim Stables, Tom Baird on mediation matters, call with Jim Cherof on information for damages 1.00 GB Searched file for Colin Groff's contact information. Emails with City regarding Colin Groff's phone number. Email to JAC providing Colin Groffs contact information. 0.30 06/14/2022 MDC review materials, prepare for and attend pre -mediation conference with Mayor, Interim City Manager, Assistant City Manager and special counsel 2.40 06/16/2022 MDC review materials regarding mediation information 0.40 06/17/2022 MDC review draft mediation statement, provide comments to Tom Baird; misc review of documents to prepare for mediation 1.00 GB Received and reviewed City mediation summary for continuation of mediation. Received and reviewed e -calendar form and emails with opposing counsel regarding edits to e -calendar form. 0.50 06/20/2022 MDC review materials, prepare for and attend mediation 8.10 06/21/2022 MDC misc follow up on mediation 0.50 GB Meeting with MDC regarding mediation, depositions, trial and case strategy. 0.20 DJD Conference with Mike Cirullo re: mediation 0.40 Page 141 of 735 CITY OF BOYNTON BEACH v. JKM BTS Capital, LLC (Declaratory Action) 06/22/2022 MDC Call with Tom Baird to discuss status of case and litigation 06/28/2022 MDC misc calls regarding scheduling closed door session with Commission 06/30/2022 MDC review materials, call with Tom Baird regarding closed door session DJD Review memorandum from Tom Baird 180.00 FOR CURRENT SERVICES RENDERED TIMEKEEPER JAMES A. CHEROF D.J. DOODY MICHAEL D. CIRULLO GAL BETESH Photocopies TOTAL CURRENT WORK BALANCE DUE RECAPITULATION ACCOUNT NO: STATEMENT NO: HOURS 0.50 0.50 0.80 0.40 20.00 HOURS HOURLY RATE TOTAL 1.80 $225.00 $405.00 0.80 225.00 180.00 15.60 225.00 3,510.00 1.80 225.00 405.00 Page: 2 07/06/2022 306-9905525 42721 4,500.00 4,500.00 $4,500.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 142 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Canal Maintenance Special Assessment 06/06/2022 MDC prepare memorandum of assessment adoption process using Uniform Method with fire assessment 06/29/2022 MDC review materials on assessment for FY 22-23 and begin preliminary assessment resolution FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO Photocopies TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: RECAPITULATION HOURS HOURLY RATE 0.70 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905552 42723 HOURS 0.30 0.40 0.70 157.50 TOTAL $157.50 157.50 $157.50 Page 143 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Yoakum, Timothy C. (RLC Appeal) ACCOUNT NO: STATEMENT NO: 06/29/2022 SHB Receive and review third order returning case to lower jurisdiction for ruling on Statement of the Proceedings. FOR CURRENT SERVICES RENDERED TIMEKEEPER SHANA H. BRIDGEMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.10 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905565 42725 HOURS 0.10 0.10 22.50 TOTAL $22.50 22.50 $22.50 Page 144 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) 06/08/2022 GB Received and reviewed reservation of rights letter from Summit. Updated RLO Chart. HN Review of Summit Risk Services letter to the City regarding status of case 06/09/2022 HN Review of filings with 11th Cir. court. CLD Drafted and a -filed Notices of Appearance and Rule 26.1 Disclosure and Certificate of Interested Parties in 11th Circuit appellate case. 06/13/2022 GB Reviewed and edits to Notice of Appearance and Certificate of interested Person in Appeal. 06/21/2022 HN Review of filing by Karen Ho related to transcript. 06/22/2022 HN Discussion with GB about Hos not filing brief by the deadline. 06/23/2022 HN Phone call discussion with clerk at 11th Circuit court as to whether Karen and Wing Ho mailed or hand delivered their brief. Review of 11th Cir. R. 41-4, 42-2(c), and 42-3(c). 06/29/2022 MDC review order dismissing appeal for lack of prosecution and process for appeal to be reinstated HN Review of the Clerk's order of dismissal and cover letter. Review of 11th Cir. Rule 42-2(e). FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE MICHAEL D. CIRULLO 0.30 $225.00 HEATHER NEEDELMAN 1.60 225.00 GAL BETESH 0.70 225.00 CYNTHIA L. DUNN 1.30 125.00 Photocopies TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905567 42726 HOURS 0.50 0.30 0.20 1.30 0.20 0.20 0.20 [II I -if 0.30 0.10 3.90 747.50 TOTAL $67.50 360.00 157.50 162.50 747.50 $747.50 Page 145 of 735 Page: 2 CITY OF BOYNTON BEACH 07/06/2022 ACCOUNT NO: 306-9905567 STATEMENT NO: 42726 adv. Ho, Wing and Ho, Karen (Petition for Preliminary Injunction) AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 146 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Wilmington Savings Fund (Denson, Gracie) ACCOUNT NO: STATEMENT NO: 06/09/2022 HN Review of notice of dropping party, 5 affidavits and a motion for default. 06/15/2022 HN Email exchange with SHB re: plaintiffs reply to the City's affirmative defenses. Review of reply. FOR CURRENT SERVICES RENDERED TIMEKEEPER HEATHER NEEDELMAN TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.70 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905581 42728 HOURS 0.30 0.40 0.70 157.50 TOTAL $157.50 157.50 $157.50 Page 147 of 735 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Opioid Litigation 06/10/2022 06/13/2022 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 ACCOUNT NO: STATEMENT NO: MDC meet with City Manager on status of settlements, payments and use of funds MDC review information on payment schedules for settlements FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.60 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905587 42729 HOURS 0.30 0.30 0.60 135.00 TOTAL $135.00 135.00 $135.00 Page 148 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. VGH Association, Inc. (Nelson, Meltem E.) ACCOUNT NO: STATEMENT NO: HOURS 06/02/2022 HN Phone discussion with Defendant Meltem Nelson. Discussion with MDC and SHB re: status of case. 0.40 SHB Discuss case status with HN. 0.10 06/08/2022 HN Preparation and phone call with Chief Jim Stables and follow up email to Jim Stables cc MDC and SHB. Review of email from Jim Stables and email to MDC cc SHB. 0.60 06/10/2022 HN Email exchange with Chief Stables. Email exchange with MDC. Phone discussion with Christopher Mitchell. Email to Christopher Mitchell cc MDC. Phone discussion with Plaintiff's counsel. Email to MDC. Drafted language for Plaintiff to include in final judgment relating to the City. Email to Samuel Landol. 1.30 FOR CURRENT SERVICES RENDERED 2.40 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 2.30 $225.00 $517.50 SHANA H. BRIDGEMAN 0.10 225.00 22.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905618 42734 54U.UU 540.00 $540.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 149 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Prime Equity Holdings, LLC (Boynton Beach Hawks, Inc.)(Guy Entienne) 06/15/2022 HN Review of notice of sale and status of the case. FOR CURRENT SERVICES RENDERED TIMEKEEPER HEATHER NEEDELMAN TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: HOURS 0.30 0.30 RECAPITULATION HOURS HOURLY RATE TOTAL 0.30 $225.00 $67.50 Page: 1 07/06/2022 306-9905620 42735 67.50 67.50 $67.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 150 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Palm Beach Sheriffs Office (PBSO) Transition Project ACCOUNT NO: STATEMENT NO: 06/03/2022 MDC Attend City staff conference regarding status of information deliveries to PBSO. 06/07/2022 MDC call with Brian Shutt on inquiry on pending litigation costs 06/09/2022 MDC Conference with Julie Oldbury on information request from PBSO legal regarding City legal matters and expenses, follow up with PBSO counsel. 06/14/2022 MDC review correspondence and respond, from PBSO legal; forward request for information and follow up with City staff FOR CURRENT SERVICES RENDERED TIMEKEEPER MICHAEL D. CIRULLO TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.30 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905626 42736 HOURS 0.30 0.30 0.30 0.40 1.30 292.50 TOTAL $292.50 292.50 $292.50 Page 151 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Deutsche Bank (Michele Dimon a/k/a Michele Pravata) HOURS 06/09/2022 HN Review of complaint, mortgage, and City's lien. 0.60 06/10/2022 HN Review of complaint and draft answer and affirmative defenses. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE HEATHER NEEDELMAN 1.10 $225.00 TOTAL CURRENT WORK BALANCE DUE 0.50 1.10 TOTAL $247.50 Page: 1 07/06/2022 306-9905630 42739 14 /.5U 247.50 $247.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 152 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson Indoor Training Facility (PPP) '[�I�JZ: 06/15/2022 SMS Correspondence on updated Agreement. 0.20 06/21/2022 SMS Draft Indoor Training Facility Agreement. 2.40 06/22/2022 SMS Review/revise Indoor Training Facility Agreement. 1.20 06/23/2022 SMS Draft/revise/review Facility Ground Lease 0.70 06/24/2022 SMS Draft/revise/review Facility Ground Lease. 2.30 06/28/2022 SMS Review Ground Lease Agreement for call. 0.50 06/30/2022 SMS Telephone conference call to discuss Indoor Training Facility; Research on P3 1.60 FOR CURRENT SERVICES RENDERED 8.90 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SEAN M. SWARTZ 8.90 $225.00 $2,002.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905631 42740 2,002.50 $2,002.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 153 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Babb, Tyler Jacob (RPO) ACCOUNT NO: STATEMENT NO: HOURS 06/17/2022 SHB Receive and review initial RPO filing documents. Prepare petition, affidavit, and notice to third parties. Various correspondence with Gorfido. Transmit Petition and Affidavit to Gorfido for review and completion. 2.10 06/22/2022 SHB Receive and review police reports. Prepare Notice of Confidentiality, Respondent Description Information, and notices of filing. Finalize and file Petition. 1.70 06/23/2022 SHB Prepare stipulation, agreed order, zoom instructions, compliance affidavit, and transmit to Gorfido with instructions for service. 1.10 06/27/2022 SHB Prepare and file notices of filing. File stipulation. Receive and review Agreed RPO; transmit to Gorfido for service. 0.60 FOR CURRENT SERVICES RENDERED 5.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL SHANA H. BRIDGEMAN 5.50 $225.00 $1,237.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905632 42741 I ,Gall .alV 1,237.50 $1,237.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 154 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Ford, Sharron (negligence arrest) Billing Category 18-RLO Claim #001470000245GB ACCOUNT NO: STATEMENT NO: 06/08/2022 GB Updated the RLO chart. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.20 TOTAL $45.00 Page: 1 07/06/2022 306-9905029 42701 45.00 45.00 $45.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 155 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Venegas, Jesusa Billing Category 18-RLO Claim #001470000367AB ACCOUNT NO: STATEMENT NO: HOURS 06/02/2022 GB Received and reviewed Plaintiffs reply to Affirmative Defenses. 0.30 06/08/2022 GB Updated RLO chart. 0.20 06/23/2022 GB Drafted Motion to Continue Trial. Emailed Motion to opposing counsel and asked whether they object to relief sought. 0.50 06/24/2022 GB Emails with opposing counsel regarding Motion to Continue Trial. Edits to Motion indicating that Plaintiff and co-defendant do not object to the relief sought. Finalized and filed Motion. 0.40 06/27/2022 HN Review of notice of hearing and review of Judge Nutt's division instructions relating to notice of hearings and zoom. 0.20 FOR CURRENT SERVICES RENDERED 1.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL HEATHER NEEDELMAN 0.20 $225.00 $45.00 GAL BETESH 1.40 225.00 315.00 Photocopies TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905098 42702 360.00 $360.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 156 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Readon, Jayden, Estate of (police chase) Billing Category: 18-RLO Claim #001470 -000396 -AB -01 ACCOUNT NO: STATEMENT NO: 06/08/2022 GB Updated RLO chart. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.20 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.20 0.20 TOTAL $45.00 Page: 1 07/06/2022 306-9905190 42703 45.00 45.00 $45.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 157 of 735 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 07/06/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905310 Boynton Beach FL 33435 STATEMENT NO: 42706 Attn: Lynn Swanson adv. Philson, Tammi A. (Personal Injury -Carolyn Sims Center) Billing Category: 18 - RLO Claim #001470000440GB Photocopies TOTAL CURRENT WORK 495.00 BALANCE DUE $495.00 Page 158 of 735 HOURS 06/01/2022 GB Emails with opposing counsel regarding outstanding discovery responses. Drafted agreed order extending Plaintiff's time to respond to discovery and provide complete answers to City's first set of interrogatories. 0.40 06/02/2022 GB Emails with opposing counsel regarding agreed order extending time to response to request for production and to provide complete answers to interrogatories. Edits to agreed order pursuant to conversations with opposing counsel. Submitted agreed order to judge for signature. Email to FEMA following up on public records request. 0.40 06/07/2022 GB Telephone conference call with City regarding motion to continue. 0.10 06/08/2022 GB Reviewed Judge's calendar to set Motion to Continue Trial for hearing. Updated RLO Chart. 0.30 06/09/2022 GB Emails with opposing counsel regarding Motion to Continue. Drafted and filed Notice of Hearing for Motion to Continue Trial. 0.40 06/30/2022 GB Received and reviewed Plaintiffs Responses to City's Second Request for Production. Email to City regarding documents. 0.60 FOR CURRENT SERVICES RENDERED 2.20 495.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.20 $225.00 $495.00 Photocopies TOTAL CURRENT WORK 495.00 BALANCE DUE $495.00 Page 158 of 735 Page: 2 CITY OF BOYNTON BEACH 07/06/2022 ACCOUNT NO: 306-9905310 STATEMENT NO: 42706 adv. Philson, Tammi A. (Personal Injury -Carolyn Sims Center) AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 159 of 735 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Benitez, Antonio (Park Injuries) 06/08/2022 06/08/2022 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 Billing Category: 18 - RLO Claim #0014700000452GB Photocopies Court Reporter Prestige Reporting Service Efiling TOTAL ADVANCES THRU 06/30/2022 Credit for Veritext Invoice 5722358 TOTAL CREDITS FOR ADVANCES TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: Page: 1 07/06/2022 306-9905347 42707 1,034.10 1,034.10 1,034.10 -211.05 -211.05 823.05 $823.05 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 160 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Alves Fernandes, Bruno Henrique (MVA) Billing Category: 18 - RLO Claim #19762606 ACCOUNT NO: STATEMENT NO: 06/01/2022 GB Emails with City and Tristar regarding strategy moving forward. 06/02/2022 GB Legal research regarding indemnification clause and settlement. Meeting with MDC regarding strategy. 06/08/2022 GB Updated RLO chart. Telephone conference call with City and Tristar regarding strategy moving forward. Voicemail and email to opposing counsel regarding continuance and moving forward. Email and telephone conference call with attorney for Bruno regarding release. 06/09/2022 GB Emails with opposing counsel regarding extension to respond to complaint and telephone conference call. 06/10/2022 GB Telephone conference call with opposing counsel regarding settlement. 06/15/2022 GB Legal research regarding Claimant's ability to double recover from City and Insurance. Legal research regarding difference between uninsured motorist and underinsured motorist. Legal research regarding whether a self insured city is an uninsured motorist or underinsured motorist 06/16/2022 GB Telephone conference call with attorney Andrew Agnini who represented Bruno in settlement discussions. Email to Andrew memorializing conversation. 06/21/2022 GB Drafted and filed Notice of Appearance and Email Designations. 06/23/2022 GB Prepared for call with attorney for Fernandes. Left voicemail for attorney for Fernandes. Emails with attorney for Fernandes. 06/24/2022 GB Emails with counsel for Bruno regarding release. 06/30/2022 GB Telephone conference call with counsel for Bruno regarding release. Email to counsel for Bruno regarding Complaint filed by Geico. FOR CURRENT SERVICES RENDERED Page: 1 07/06/2022 306-9905392 42708 HOURS 0.20 2.00 1.10 0.30 0.30 2.30 0.70 0.30 0.40 0.30 0.40 8.30 1,867.50 Page 161 of 735 Page: 2 CITY OF BOYNTON BEACH 07/06/2022 ACCOUNT NO: 306-9905392 STATEMENT NO: 42708 adv. Alves Fernandes, Bruno Henrique (MVA) TIMEKEEPER GAL BETESH Photocopies TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE TOTAL 8.30 $225.00 $1,867.50 1,867.50 $1,867.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 162 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Quigley, Theresa (Trip and Fall) Billing Category: 18 - RLO Claim #20180501-01 06/08/2022 GB 06/13/2022 GB 06/21/2022 GB 06/23/2022 GB 06/30/2022 GB ACCOUNT NO: STATEMENT NO: Updated RLO Chart. Emails with opposing counsel regarding Plaintiff's deposition. Emails with opposing counsel regarding Sue McMath's deposition. Left voicemail and emailed Sue McMath regarding her deposition. Drafted request for copies to subpoenas duces tecum to be served by Defendant FDOT. Emails with City regarding subpoenas. Emails with opposing counsel regarding Sue McMath's deposition. Left voicemail for Sue McMath. Legal research regarding home address of fire fighter. Drafted letter to Sue McMath regarding deposition. Looked up last known address for Sue McMath on the property appraiser's website. Emails with opposing counsel regarding letter to Sue McMath came back undelivered. FOR CURRENT SERVICES RENDERED RECAPITULATION HOURS HOURLY RATE 2.60 $225.00 Photocopies TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905403 42709 HOURS 0.20 0.40 0.30 1.60 0.10 2.60 585.00 TOTAL $585.00 585.00 $585.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 163 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Riebman, Scott (Trip and Fall) Billing Category: 18 - RLO Claim #19768833 06/23/2022 GB Legal research regarding statute of limitation to open an estate. Statute of limitation to file a lawsuit for negligence. Emails with Tristar and City regarding legal research and in response to inquiry of whether file should be closed. Emails with Tristar and City regarding statute of limitation. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 1.70 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905404 42710 HOURS 1.70 1.70 382.50 TOTAL $382.50 382.50 $382.50 Page 164 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. McFadden, Patrick (K9 Injuries) Billing Category: 18 - RLO Claim #19779868 ACCOUNT NO: STATEMENT NO: HOURS 06/03/2022 GB Email advising city and tristar of telephonic mediation 8/19@10 am. 0.10 06/08/2022 GB Updated RLO chart. 0.20 06/14/2022 MDC review documents from the 11th Circuit on status of briefing schedule 0.20 GB Received and reviewed order granting McFadden's counsel Motion to Withdraw. Received and reviewed scheduling order from Court. Email to City and Tristar providing update of appeal. 0.30 FOR CURRENT SERVICES RENDERED 0.80 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.20 $225.00 $45.00 GAL BETESH 0.60 225.00 135.00 Photocopies TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905421 42713 180.00 $180.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 165 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Mata Chorwadi Inc - Homing Inn Federal Lawsuit Billing Category: 18 - RLO Claim #19780873 ACCOUNT NO: STATEMENT NO: TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905423 42714 495.00 $495.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 166 of 735 HOURS 06/06/2022 GB Telephone conference call with SHB regarding case status and necessary witnesses. 0.20 06/07/2022 GB Emails and telephone conference call with SHB regarding status update. Drafted statute update to City and email City. Updated RLO chart. 1.00 06/08/2022 GB Email with SHB regarding chronic nuisance. Updated RLO chart. 0.30 06/10/2022 MDC review materials and begin review of options to close nuisance hotel 0.30 06/13/2022 MDC review status of nuisance and business operations with Shana Bridgeman and impact from federal appeal 0.40 FOR CURRENT SERVICES RENDERED 2.20 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL MICHAEL D. CIRULLO 0.70 $225.00 $157.50 GAL BETESH 1.50 225.00 337.50 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905423 42714 495.00 $495.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 166 of 735 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 07/06/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905444 Boynton Beach FL 33435 STATEMENT NO: 42717 Attn: Lynn Swanson adv. Estella, Jean (MVA) Billing Category: 18 - RLO Claim #19798151 Photocopies 06/29/2022 Fed Ex Federal Express 20.31 06/29/2022 Fed Ex Federal Express HOURS 06/07/2022 GB Telephone conference call with City regarding motion to continue. 0.30 06/08/2022 GB Finalized Motion to Continue Trial and had Motion filed. Updated RLO chart. 0.50 06/10/2022 GB Drafted and filed notice of hearing for Motion to Continue. Drafted and sent letter to pro se Plaintiff regarding notice of hearing. 0.50 06/13/2022 GB Finalized letter and documents to be sent over to the Judge in preparation for Motion to Continue Trial. 0.30 06/22/2022 GB Attended hearing on Motion to Continue Trial. Drafted proposed order granting Motion. Drafted letter to judge enclosing proposed order. Submitted order and letter to judge for signature. 1.10 FOR CURRENT SERVICES RENDERED 2.70 607.50 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 2.70 $225.00 $607.50 Photocopies 06/29/2022 Fed Ex Federal Express 20.31 06/29/2022 Fed Ex Federal Express 22.32 Fed Ex 42.63 TOTAL ADVANCES THRU 06/30/2022 42.63 TOTAL CURRENT WORK 650.13 BALANCE DUE $650.13 Page 167 of 735 Page: 2 CITY OF BOYNTON BEACH 07/06/2022 ACCOUNT NO: 306-9905444 STATEMENT NO: 42717 adv. Estella, Jean (MVA) AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 168 of 735 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 07/06/2022 100 E. Ocean Avenue ACCOUNT NO: 306-9905492 Boynton Beach FL 33435 STATEMENT NO: 42719 Attn: Lynn Swanson adv. Flake, Natalie (MVA) Billing Category: 18 - RLO Claim #20818346 RECAPITULATION HOURS HOURLY RATE TOTAL 12.50 $225.00 $2,812.50 Page 169 of 735 HOURS 06/03/2022 GB Telephone conference call with Dr. Jacobs' officer regarding Final Report. 0.30 06/06/2022 GB Received and reviewed updated CME report from Dr. Jacobs. Email to Dr. Jacobs office regarding updated report. 0.40 06/07/2022 GB Telephone conference call with City regarding motion to continue. 0.10 GB Received and approved invoice from Dr. Jacobs office. 0.10 06/08/2022 GB Updated RLO Chart. Prepared for Plaintiffs deposition. 0.70 06/09/2022 GB Prepared for Plaintiff's deposition. 2.00 06/10/2022 GB Prepared for Plaintiff's deposition. 2.60 06/13/2022 GB Telephone conference call with Dr. Jacobs regarding final CME report. Reviewed records and continued drafting questions for Plaintiff's deposition. 2.80 06/14/2022 GB Continued reviewing file and medical records and drafting questions for Plaintiffs deposition. 2.00 06/15/2022 GB Emails with opposing counsel regarding rescheduling deposition. 0.20 06/16/2022 GB Prepared for and attended hearing on the City's Motion for Continuance of Jury Trial. Drafted Order Granting Motion. Emails with opposing counsel regarding Order. Submitted Order to the Judge for signature. Drafted letter to Judge enclosing proposed order. Email letter to opposing counsel and to Judge enclosing order. 1.10 06/30/2022 GB Drafted Notice of Unavailability. 0.20 FOR CURRENT SERVICES RENDERED 12.50 2,812.50 RECAPITULATION HOURS HOURLY RATE TOTAL 12.50 $225.00 $2,812.50 Page 169 of 735 Page: 2 CITY OF BOYNTON BEACH 07/06/2022 ACCOUNT NO: 306-9905492 STATEMENT NO: 42719 adv. Flake, Natalie (MVA) Photocopies 06/07/2022 Professional Services Orthopaedic Center of South Florida PA 06/08/2022 Medical Records Fees Orthopaedic Center of South Florida PA 06/14/2022 Telephone conference with Dr. Stephen Jacobs 06/15/2022 Cancellation fee for deposition of Natalie Flake Professional Services 03/09/2022 Service Process Universal Court Reporting Service Process 05/31/2022 Fed Ex Federal Express 06/09/2022 Fed Ex Federal Express Fed Ex TOTAL ADVANCES THRU 06/30/2022 TOTAL CURRENT WORK BALANCE DUE 550.00 1,505.00 250.00 95.00 2,400.00 356.00 356.00 11.14 14.59 25.73 2,781.73 5,594.23 $5,594.23 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 170 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv Federick, Carolyn Personal Injuries — Trip and Fall Sidewalk Injuries Billing Category: 18 - RLO Claim #21851368 ACCOUNT NO: STATEMENT NO: 06/08/2022 GB Updated RLO chart. 06/30/2022 GB Emails with opposing counsel regarding Plaintiff's counsel Motion to Withdraw. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905549 42722 HOURS 0.20 0.10 0.30 67.50 TOTAL $67.50 67.50 $67.50 Page 171 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv Norwood, Michael (Slip and Fall accident 3/4/2021) Billing Category: 18 - RLO Claim #21859966 HOURS 06/01/2022 GB Emails with City and Tristar regarding claim and investigation conducted by Tristar pre -lawsuit. Reviewed documents provided by Tristar. Received and reviewed order granting City's Motion to Dismiss. Legal research regarding indemnity after settlement in subrogation claim. 1.50 06/02/2022 GB Telephone conference call with Tristar regarding previous claims against the City at the beach. Reviewed documents Tristar provided in responses to Plaintiffs discovery. Emails with tristar regarding discovery. 0.90 06/06/2022 GB Emails with Tristar regarding discovery. Received and reviewed documents from Tristar responsive to Plaintiffs first discovery request. 0.20 06/16/2022 GB Edits to Case Management Agreement. Emails with opposing counsel regarding Case Management. 0.40 06/17/2022 GB Drafted Answer and Affirmative Defenses. Drafted First Set of Interrogatories to Plaintiff and First Request for Production to Plaintiff. 3.00 06/21/2022 GB Finalized answers to interrogatories. Email to City for signature. 1.50 06/22/2022 GB Emails with City regarding interrogatories. Telephone conference call with City regarding request for production. Reviewed documents from City to respond to request for production. Began drafting responses to Request for Production. 1.50 06/23/2022 GB Emails with opposing counsel regarding City's Answer and Affirmative Defenses. 0.10 06/24/2022 GB Telephone conference call with City regarding discovery. Finalized and served City's Answers to Plaintiff's First Set of Interrogatories. Finalized and filed City's Response to Plaintiffs First Request for Production. Finalized documents to be produced to Plaintiff in response to First Request for Production and served documents on Plaintiff. 2.70 Page: 1 07/06/2022 306-9905561 42724 06/30/2022 GB Emails with Tristar and City providing case update. 0.10 FOR CURRENT SERVICES RENDERED 11.90 2,677.50 Page 172 of 735 CITY OF BOYNTON BEACH ACCOUNT NO: STATEMENT NO: adv Norwood, Michael (Slip and Fall accident 3/4/2021) RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 11.90 $225.00 $2,677.50 Photocopies TOTAL CURRENT WORK BALANCE DUE Page: 2 07/06/2022 306-9905561 42724 2,677.50 $2,677.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 173 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Hughes, Elba (slip & fall) Billing Category: 18 - RLO Claim #21855286 ACCOUNT NO: STATEMENT NO: 06/10/2022 GB Emails with Tristar and City regarding settlement. 06/14/2022 GB Emails with Tristar regarding settlement check. Drafted and sent out letter enclosing settlement check. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.60 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905573 42727 HOURS 0.20 0.40 0.60 135.00 TOTAL $135.00 135.00 $135.00 Page 174 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Barth, Margaret Billing Category: 18 - RLO Claim #21870612 ACCOUNT NO: STATEMENT NO: 06/30/2022 GB Emails with City and Tristar providing case update. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.10 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 0.10 TOTAL $22.50 Page: 1 07/06/2022 306-9905592 42730 22.50 22.50 $22.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 175 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson FDOT- GCME Water Main Damage Billing Category: 18 - RLO Claim #21870606 ACCOUNT NO: STATEMENT NO: 06/23/2022 GB Email to City regarding FDOT 30% plan. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.10 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.10 0.10 TOTAL $22.50 Page: 1 07/06/2022 306-9905594 42731 22.50 22.50 $22.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 176 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Wynne, Sharon Billing Category: 18 - RLO Claim #21870546 06/30/2022 GB Emails with City regarding telephone conference call to discuss surveillance. Reviewed surveillance summary, picture and videos. GB Received and reviewed claim update from City. FOR CURRENT SERVICES RENDERED TOTAL CURRENT WORK BALANCE DUE ACCOUNT NO: STATEMENT NO: HOURS 0.70 0.10 0.80 RECAPITULATION HOURS HOURLY RATE TOTAL 0.80 $225.00 $180.00 Page: 1 07/06/2022 306-9905599 42732 180.00 180.00 $180.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 177 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. KMG Holdings, LLC Billing Category: 18 - RLO Claim #21870498 HOURS 06/16/2022 GB Emails with Tristar regarding dispute with claimant's counsel on language for release. Reviewed file and releases in preparation to provide opinion on Claimant's counsel version of the release. 0.40 06/17/2022 GB Telephone conference calls with Karen Klein regarding Claimant's counsel request for change in release language and facts of her investigation. Legal research regarding indemnification. Reviewed Claimant's counsel changes to release language. Telephone conference call with KLE regarding indemnity language in release. Legal research regarding whether general indemnity provisions includes attorney's fees and costs when such costs are not specified. 1.90 KLE Review documents, conference with Gal Betesh re: claim by KMG Holdings against City of Boynton Beach -DOL: 9/3/21; Tristar claim #21870498 0.60 06/21/2022 GB Email to City regarding releases. Telephone conference call with City regarding release and strategy. 0.40 FOR CURRENT SERVICES RENDERED 3.30 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL KERRY L. EZROL 0.60 $225.00 $135.00 GAL BETESH 2.70 225.00 607.50 Photocopies TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905600 42733 742.50 742.50 $742.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 178 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson Shaun James, Mark Sohn, Andrew Berben and Cory Herny adv. Joseph Smith Billing Category: 18 - RLO Claim # 22885543 ACCOUNT NO: STATEMENT NO: HOURS 06/03/2022 GB Emails with City and telephone conference regarding claim number. 0.30 06/08/2022 GB Updated RLO chart. 0.20 06/30/2022 GB Emails with Sohn's attorney regarding matter being set for trial. Email to MDC regarding matter being set for trial. Email to City regarding matter being set for trial. 0.50 FOR CURRENT SERVICES RENDERED 1.00 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 1.00 $225.00 $225.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905627 42737 225.00 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 179 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. McLendon, Riyaaz Billing Category: 18 - RLO Claim # 22886188 HOURS 06/10/2022 GB Emails with City and Tristar regarding preservation of evidence letter. Reviewed file in preparation to reach out to opposing counsel regarding inspection of City vehicle. Emails with opposing counsel regarding inspection of vehicle. 0.40 06/30/2022 GB Received and reviewed claim update from City and Tristar. 0.20 FOR CURRENT SERVICES RENDERED 0.60 RECAPITULATION TIMEKEEPER HOURS HOURLY RATE TOTAL GAL BETESH 0.60 $225.00 $135.00 TOTAL CURRENT WORK BALANCE DUE Page: 1 07/06/2022 306-9905628 42738 135.00 135.00 $135.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 180 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson v. Beeline Telekom -Damage to Watermain Category 18 RLO ACCOUNT NO: STATEMENT NO: 06/21/2022 GB Telephone conference call with City regarding strategy. 06/22/2022 GB Received and reviewed letter from City to Beeline making demand and requesting insurance information. Email to City regarding proposed edits to letter. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.50 $225.00 TOTAL CURRENT WORK BALANCE DUE AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905633 42742 HOURS 0.20 0.30 0.50 112.50 TOTAL $112.50 112.50 $112.50 Page 181 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue ACCOUNT NO: Boynton Beach FL 33435 STATEMENT NO: Attn: Lynn Swanson adv. Rodriguez, Santiago (trip and fall - EI Clair Ranch Road, Boynton Beach, FL) Billing Category: 18 - RLO 06/23/2022 GB Emails with City regarding new claim. Telephone conference call with City regarding location of claim. Reviewed letter from claimant's counsel notifying City of claim. FOR CURRENT SERVICES RENDERED TIMEKEEPER GAL BETESH TOTAL CURRENT WORK BALANCE DUE RECAPITULATION HOURS HOURLY RATE 0.40 $225.00 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page: 1 07/06/2022 306-9905635 42743 HOURS 0.40 0.40 90.00 TOTAL $90.00 90.00 $90.00 Page 182 of 735 GOREN, CHEROF, DOODY & EZROL, P.A. Attorneys at Law 3099 East Commercial Boulevard Suite 200 Fort Lauderdale, Florida 33308 Telephone (954) 771-4500 CITY OF BOYNTON BEACH 100 E. Ocean Avenue Boynton Beach FL 33435 Attn: Lynn Swanson adv. Buckley, Michael (MVA) Billing Category: 18 - RLO Claim # 22888552 ACCOUNT NO: STATEMENT NO: 06/23/2022 GB Emails with City regarding new claim. Reviewed documents in file. FOR CURRENT SERVICES RENDERED RECAPITULATION TIMEKEEPER HOURS HOURLY RATE GAL BETESH 0.30 $225.00 TOTAL CURRENT WORK BALANCE DUE HOURS 0.30 0.30 TOTAL $67.50 Page: 1 07/06/2022 306-9905636 42744 67.50 67.50 $67.50 AMOUNTS PREVIOUSLY BILLED NOT INCLUDED ABOVE Page 183 of 735 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 July 06, 2022 Billed Through 06/30/2022 Invoice 72017 / MTB 00281 42164 VIA: OldburyJ@bbfl.us Julie Oldbury, Director Human Resources and Risk Management City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Joseph Smith vs. Boynton Beach, Shaun James, Mark Sohn, Andrew Berben and Cory Henry (Tristar Claim No. 22885543 and PGCS Claim No. 394052) FOR PROFESSIONAL SERVICES RENDERED: 06/01/2022 MTB File review and preparation of Defendant Berben's Answer and Defenses 1.50 to Plaintiffs Complaint 06/01/2022 MTB File review and continued preparation of Defendant Andrew Berman's 1.70 Answer and Defenses 06/01/2022 MTB Research regarding search incident to a traffic stop and K-9 alert 2.40 06/01/2022 MTB Receipt and review of email correspondence from Julie Oldbury together 0.80 with attached insurance policy and declarations 06/01/2022 SDA Review correspondence from A. Berben confirming meeting 0.20 06/01/2022 SDA Review and study case setting the parameters for when a traffic stop is 1.50 converted to detention and/or arrest based upon time length 06/01/2022 SDA Review, study and highlight decision in US v Braddy; shepardize case 0.80 and review internal citations pertaining to ability of law enforcement to establish search when K9 alerts to narcotics 06/02/2022 MTB Continued preparation of Defendant Bourbon's Answer and Affirmative 1.30 Defenses to Amended Complaint 06/02/2022 MTB Preparation of email correspondence to Sergeant Andrew Berben 0.30 06/02/2022 MTB Receipt and review of email correspondence from Sergeant Berben 0.10 06/02/2022 MTB File review and attendance at conference call with defense counsel 0.50 06/02/2022 MTB Preparation of final revisions to Defendant Berben's Answer and 0.40 Defenses to Amended Complaint 06/02/2022 MTB Receipt and review of email correspondence from Don Stevens 0.10 Page 184 of 735 Invoice Number 72017 Page 2 06/02/2022 MTB Receipt and review of email correspondence from Ann Brieden and 0.10 Lourdes Wydler 06/02/2022 SDA Review court's requirements for scheduling of deadlines and dockets in 0.60 order to prepare proposed Joint Scheduling Report 06/02/2022 SDA Prepare proposed Joint Scheduling Report 1.20 06/06/2022 MTB Receipt and review of Order Granting Defendant's Motion for Extension 0.10 of Time 06/08/2022 SDA Assemble and review exhibit/documents, review deposition of Shaun 1.90 James and prepare for in-person conference with A. Berben in Boynton Beach 06/08/2022 SDA Travel to Boynton Beach to meet with A. Berben 0.90 06/08/2022 SDA Attend meeting with A. Berben 1.70 06/08/2022 SDA Return travel from Boynton Beach 1.20 06/09/2022 SDA Review Joint Scheduling Report and circulate via email to defense 0.60 counsel 06/10/2022 MTB Receipt and review of email correspondence from Karen Klein 0.20 06/11/2022 MTB File review and preparation of email correspondence to Karen Klein 0.80 regarding current case evaluation and estimate of future litigation expenses 06/13/2022 SDA Prepare details notes to file from conference with Sgt. Berben 0.60 06/13/2022 SDA Review Florida appellate decisions authored concerning stops and 2.30 searches incidential to violations under 316.2953 pertaining to window tinting (llappellate decisions) 06/13/2022 SDA Research whether removal of seatbelt prior to encounter with police, for 1.60 reasons unknown to police, vitiates probable cause 06/13/2022 SDA Prepare Answer and Defenses to Complaint 2.50 06/14/2022 SDA Review comments from Attorney Wydler and Kaufer with respect to trial 0.30 setting and pretrial schedule 06/14/2022 SDA Prepare modified Joint Scheduling Report and forward to all defense 0.70 counsel 06/15/2022 SDA Review correspondence from Don Stephens with additional information 1.00 to include in Proposed JSR 06/15/2022 SDA Amend Joint Report to include information requested by Don Stephens 0.20 06/15/2022 SDA Prepare correspondence to Benjamin Bedard and Stephanie Kaufer 0.20 requesting additional information for inclusions in JSR 06/15/2022 SDA Make final edits to JSR and email to Plaintiffs counsel with request for 0.30 response and approval 06/16/2022 SDA Review correspondence from Attorney Breeden with draft Motion to 0.40 Dismiss on behalf of Sohn 06/16/2022 SDA Review caselaw and authorities cited in Sohn's Motion to Dismiss, and 0.80 applicability to potential arguements that may be made for Berben Page 185 of 735 Invoice Number 72017 Page 3 06/20/2022 MTB Receipt and review of email correspondence with attachments from Ann 0.40 Breeden, Lourdes Wydler, Don Stephens and Nicole Saubola-Lamay 06/20/2022 SDA Incorporate final changes to Joint Scheduling Report and circulate to all 0.50 counsel for approval 06/20/2022 SDA Review Herny's draft MTD 0.50 06/20/2022 MTB Review PB Post article on Judge Scola's decision 0.20 06/20/2022 SDA Review correspondence from Stephens approving JSR 0.10 06/20/2022 SDA Review confirmation from Wydler of approval of JSR 0.10 06/21/2022 MTB File review and preparation of email correspondence to Julie Oldbury 0.20 regarding case status and Defendant Berben's answer and defenses 06/21/2022 MTB Preparation of email correspondence to Sergeant Andrew Berman 0.20 regarding case status 06/21/2022 MTB Receipt and review of email correspondence from Karen Klein 0.10 06/21/2022 MTB Preparation of email correspondence to Karen Klein 0.10 06/21/2022 MTB Receipt and review of additional email correspondence from Lourdes 0.10 Wydler 06/21/2022 MTB Preparation of final revisions to Certificate of Interested Persons and 0.30 Corporate Disclosure Statement 06/21/2022 MTB Preparation of final revisions to Joint Scheduling Report and proposed 0.20 Scheduling Order 06/21/2022 MTB Receipt and review of additional email correspondence from Don 0.20 Stevens and Ann Breden 06/21/2022 MTB Receipt and review of co -Defendant's Motion to Dismiss and supporting 0.80 Memorandum of Law 06/21/2022 MTB Receipt and review of email correspondence from Plaintiff Atty. Lamay 0.10 06/21/2022 MTB Receipt and review of additional email correspondence from Plaintiff 0.10 Atty. Lamay regarding Joint Scheduling Report 06/21/2022 MTB File review and preparation of email correspondence to Christine Olivier 0.40 regarding case status 06/21/2022 SDA Review State Attorney's Office scoresheets, memoranda, defense 1.70 motions pertaining to discovery and numerous pages of SAO notes; notes to file 06/21/2022 SDA Review cases cited in State's Attorney memorandum justifying decision 1.80 (Underhill, Wooden, Rodriguez, etc.) 06/21/2022 SDA Review and study 31- page FDLE criminal history on Smith/Avrus; 1.20 prepare notes and instruction for obtaining certified convictions of felonies and dishonesty crimes 06/21/2022 SDA Prepare separate Joint Scheduling Order coinciding with parties' JSR and 0.90 email to Court per instructions 06/21/2022 SDA Prepare Certificate of Interested Parties and Corporate Disclosure 0.70 Statement as directed by Court Order Page 186 of 735 Invoice Number 72017 Page 4 06/21/2022 SDA Review and study Broward Clerk's website (4 felony cases and 1 2.20 misdemeanor) for prosecution of Avrus; review dockets and dispositions and assess admissibility of convictions inder applicable rules 06/21/2022 SDA Review draft Motion to Dismiss redlined bby counsel for Sohn, Jmaes 0.50 and Henry 06/21/2022 SDA Prepare public records request for arrest/conviction records of Smith 0.20 from FLPD 06/21/2022 SDA Prepare public records request for arrest/conviction records of Smith 0.20 from BSO 06/21/2022 SDA Prepare public records request for arrest/conviction records of Smith 0.20 from Boca Raton PD 06/21/2022 SDA Prepare public records request for arrest/conviction records of Smith 0.20 from Palm Beach County Sheriffs Office 06/22/2022 SDA Review response to public records request from Ft. Lauderale PD 0.20 06/22/2022 SDA Prepare public records request to Broward State Attorney's Office for 0.20 records on Joseph Smith ( Avrus) 06/22/2022 SDA Review correspondence from Raquel Davenport with acknowledgement 0.20 of public records request to 17th Judicial Circuit SAO 06/22/2022 SDA Prepare public records request to Boca Raton PD for records on 0.20 Avrus/Smith 06/22/2022 SDA Review correspondence from Plaintiffs counsel with request to modify 0.20 amendment of pleading deadline in light of pending motions to dismiss 06/22/2022 SDA Prepare correspondence to all counsel proposing language to add to 0.20 scheduling Order which would allow Plaintiff to amend any claim not dismissed with prejudice 06/22/2022 SDA Review correspondence from Attorney Stephens agreeing to 0.10 modification to Schedule Order 06/22/2022 SDA Review approval from Attorney Wydler of modifying Order 0.10 06/22/2022 SDA Review approval from Attorney Kauffer regarding modifying Order 0.10 06/22/2022 SDA Prepare email to Plaintiff with request to submit a modified Order 0.20 06/23/2022 SDA Review correspondence from Attorney Sauvola with attached proposed 0.30 amended Joint Scheduling Order; request for approval of same 06/23/2022 SDA Prepare correspondence to Attroney Sauvola advising that Berben does 0.20 not oppose modification to the Joint Scheduling Order 06/23/2022 SDA Review correspondence from Stephens authorizing filing of amended 0.10 JSO 06/23/2022 SDA Review approval from Wydler of amended JSO 0.10 06/23/2022 SDA Review approval of Attorney Kauffer of amended JSO 0.20 06/24/2022 MTB Receipt and review of Plaintiffs's Smith certificate of interested parties 0.30 and corporate disclosure statement 06/24/2022 MTB Receipt and review of joint scheduling report and proposed scheduling 0.40 order Page 187 of 735 Invoice Number 72017 Page 5 06/24/2022 MTB Receipt and review of Defendant Henry's Certificate of Interested 0.20 Persons and Corporate Disclosure Statement 06/27/2022 SDA Review email from Attorney Nicole Sauvola regarding extending time to 0.10 respond to Motion to Dismiss 06/27/2022 SDA Prepare email to Nicol Sauvola with Berben's position on motion 0.10 06/28/2022 SDA Telephone conference with S. Edwards at Boca Raton PD regarding 0.20 voluminous reports with that agency on Plaintiff 06/28/2022 SDA Prepare correspondence to S. Edwards clarifying nature of request 0.20 06/29/2022 MTB Receipt and review of trial and scheduling order 0.50 06/29/2022 MTB Preparation of email correspondence to Julie Oldbury and Karen Klein 0.20 regarding trial and scheduling 06/29/2022 MTB Preparation of email correspondence to Sergeant Berben regarding case 0.20 status 06/30/2022 SDA Review correspondence from Palm Beach Sheriff Office with request for 0.20 clarification on public records request pertaining to Smith/Avrus 06/30/2022 SDA Prepare correspondence to Palm Beach Sheriff Office with record 0.20 request clarification 06/30/2022 SDA Review Boca Raton involvement history on Avrus/Smith, received from 0.30 Sennetha Edwards, BRPD, Cross-reference arrests with conviction history received from FDLE Total Professional Services: $11,312.00 Burke, Michael T. 15.50 225.00 $3,487.50 Alexander, Scott D 36.40 214.96 $7,824.50 DISBURSEMENTS 0612012022 Fee (1) Thumbdrive of Public Records that we requested from State 15.00 Attorney's Office 0612112022 Scott Alexander; Invoice # 06/21/2022; Fee for FDLE Criminal History 24.00 Search 0613012022 Printing and Imaging Services 124.60 0613012022 PACER Research 1.00 0613012022 WestLaw Research 4.75 Total Expenses Advanced: $169.35 Summary: Total professional services $11,312.00 Page 188 of 735 Total expenses incurred Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 72017 Page 6 +$169.35 $11,481.35 $0.00 $11,481.35 Page 189 of 735 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 July 07, 2022 Billed Through 06/30/2022 Invoice 72039 / EBJ 00281 42070 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Shannon Thompson and Stanley Davis, Jr., for Estate of Stanley Davis III vs. City of Boynton Beach (Tristar claim no.: 22874044) FOR PROFESSIONAL SERVICES RENDERED: 06/13/2022 EBJ Review videos provided by risk management concerning initial attempt 2.00 to stop Plaintiff/decedent, interviews, inspection and examination of area as well as statements by witnesses 06/30/2022 EBJ Review correspondence from Julie Oldbury with closed IA report 2.50 concerning December 26,2021 incident involving decedent, Davis; analyze voluminous IA Report and multiple sustained violations and recommendation of termination of Officer Sohn 06/30/2022 EBJ Prepare correspondence to Alonzo Hatchette concerning IA investigation 0.20 06/30/2022 EBJ Prepare correspondence to Julie Oldbury and Alonzo Hatchette 0.30 concerning opinion on IA results and lack of liability of City for subject accident 06/30/2022 EBJ Telephone conference with City Attorney Mike Cirullo, Esq., regarding 0.50 recent IA investigation and report; discuss potential liability issues and threatened lawsuit Total Professional Services: $1,237.50 Johnson, E. Bruce 5.50 225.00 $1,237.50 DISBURSEMENTS 0613012022 Printing and Imaging Services Total Expenses Advanced: 26.25 $26.25 Page 190 of 735 Summary: Total professional services Total expenses incurred Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 72039 Page 2 $1,237.50 +$26.25 $1,263.75 $0.00 $1,263.75 Page 191 of 735 Johnson, Anselmo, Murdoch, Burke, Piper & Hochman, P.A. 2455 E. Sunrise Blvd. Suite #1000 Fort Lauderdale, Florida 33304 Tax I.D.#: 65-0220140 July 21, 2022 Billed Through 06/30/2022 Invoice 72233 / JLH 00281 42094 Via: claims@bbfl.us City of Boynton Beach P. O. Box 310 Boynton Beach, FL 33425 Regarding: Ultimate Bakery and Pastry, Inc. vs. City of Boynton Beach (22879963) FOR PROFESSIONAL SERVICES RENDERED: 06/08/2022 JLH Telephone conference with Quentin Morgan regarding preliminary 0.30 approval of proposed settlement agreement and follow-up effort to conduct review by procurement staff 06/09/2022 JLH Review letter from Quentin Morgan regarding staff review of proposed 0.10 settlement agreement 06/22/2022 JLH Review proposed settlement document revised by City staff and review 0.30 additional terms of existing concession agreements 06/22/2022 JLH Prepare final version of proposed settlement agreement; prepare 1.00 proposed notice of voluntary dismissal required under paragraph 3 of settlement agreement; letter to counsel for Plaintiff regarding proposed settlement terms 06/23/2022 MLJ Database research regarding status of litigation between Plaintiffs' 0.40 representatives and other entities Total Professional Services: $472.50 Hochman, J L 1.70 225.00 $382.50 Johnson, Melissa L. 0.40 225.00 $90.00 DISBURSEMENTS 0613012022 Printing and Imaging Services Total Expenses Advanced: Summary: 0.70 $0.70 Page 192 of 735 Total professional services Total expenses incurred Total Amount Billed Less Pre -Paid Applied Please Pay this Amount Invoice Number 72233 $472.50 +$0.70 $473.20 $0.00 $473.20 Page 2 Page 193 of 735 ROBERTS, REYNOLDS, BEDARD & 470 Columbia Drive, Suite C-101 West Palm Beach, Florida 33409 Telephone (561)688-6560 Tax ID No. 65-0004867 City of Boynton Beach Attn: Julie Oldbury P.O. Box 310 Boynton Beach, FL 33425-0310 CLIENT: City of Boynton Beach MATTER: Smith (Joseph) v. Sohn et al. Claim # BILL FOR FEES AND COSTS THROUGH 06/30/22 PROFESSIONAL SERVICES Date Services TUZZIO, PLLC 06/01/22 Review/Analyze begin detailing the witness list based on information found in the Complaint and Incident Report in this new matter to determined information for possible future discovery. 06/02/22 Review/Analyze of Officer Mark Sohn's Axon Body Camera footage to determine potential future discovery and detailing video log of timestamp's of relevant events. 06/03/22 Draft/Revise Mark Sohn, Shaun James, and Cory Herny's joint motion for extension of time to respond to plaintiffs amended complaint July 22, 2022 Bill No. 66740 032 22369 Attorney Hours JK 0.80 JK 1.40 AGB 0.60 06/03/22 Communicate/Other External multiple correspondence with Mr. AGB Stephens, Ms. Wydler, and Mr. Burke regarding discussions with plaintiffs counsel regarding extension to respond to plaintiffs amended complaint 06/03/22 Communicate/Other External multiple correspondence with Mr. AGB Stephens, Ms. Sydler, and Mr. Burke regarding draft joint motion for extension of time to respond to plaintiffs amended complaint 0.20 0.30 06/03/22 Communicate/Other External multiple correspondence with Ms. AGB 0.20 Sauvola-Lamay regarding the defendants' joint motion for extension of time to respond to plaintiffs amended complaint 06/03/22 Communicate/Other External telephone conference with AGB 0.50 defense counsel regarding joint motion to dismiss pursuant to court's order 06/03/22 Draft/Revise proposed order on the defendants' joint motion for AGB 0.30 extension of time to respond to plaintiffs amended complaint 06/06/22 Receipt and review of Court's Order on Defendant's Motion for BLB 0.10 Extension of Time to Respond to Complaint. Page 194 of 735 Client: City of Boynton Beach July 22, 2022 Matter: 22369 - Smith (Joseph) v. Sohn et al. Page 2 PROFESSIONAL SERVICES Date Services Attorney Hours 06/09/22 Communicate/Other Counsel multiple correspondences to and SWK 0.60 from counsel for defendants regarding proposed joint scheduling report and revisions to same. 06/09/22 Review/Analyze proposed joint scheduling report drafted by SWK 0.30 Scott Alexander, counsel for co-defendant to determine and identify proposed revisions to same 06/10/22 Receipt and review of Correspondence from Don Stephens re: SWK 0.10 agree to August trial. 06/10/22 Communicate/Other External telephone conference with Mr. AGB 0.10 Stephens regarding motion to dismiss based on qualified immunity 06/13/22 Receipt and review of Correspondence from Karen Klein re: BLB 0.20 Public Risk policy. 06/13/22 Draft/Revise certificate of interested parties and corporate AGB 0.30 disclosure statement 06/14/22 Research regarding the applicability of the exclusionary rule in AGB 1.50 a civil case 06/14/22 Research regarding qualified immunity for illegal search claims AGB 1.80 arising out of traffic stop and allegations of planting drugs on plaintiff 06/14/22 Research regarding elements of state and federal malicious AGB 1.60 prosecution claims involving criminal prosecution which was subsequently dismissed 06/15/22 Extensive telephone conference with client, Mark Sohn re SWK 0.70 discussing facts and circumstances of case, and strategy moving forward 06/15/22 Communicate/Other Counsel correspondence from and to SWK 0.20 Scott Alexander re proposed joint scheduling report 06/15/22 Draft/Revise motion to dismiss plaintiff's amended complaint AGB 4.20 06/16/22 Communicate/Other External correspondence to all defense AGB 0.10 counsel regarding joint motion to dismiss plaintiff's amended complaint 06/16/22 Communicate/Other External telephone conference with Mr. AGB 0.10 Stephens regarding draft joint motion to dismiss 06/17/22 Communicate/Other External correspondence from Mr. AGB 0.10 Stephens regarding motion to dismiss on behalf of Officer Herny 06/17/22 Communicate/Other External telephone conference with Ms. AGB 0.10 Wydler regarding draft joint motion to dismiss plaintiff's amended complaint 06/17/22 Communicate/Other External correspondence from Ms. Wydler AGB 0.10 regarding motion to dismiss on behalf of Officer James Page 195 of 735 Client: City of Boynton Beach July 22, 2022 Matter: 22369 - Smith (Joseph) v. Sohn et al. Page 3 PROFESSIONAL SERVICES Date Services Attorney Hours 06/20/22 Communicate/Other External multiple correspondence with Ms. AGB 0.20 Wydler regarding motion to exceed 20 pages for joint motion to dismiss in compliance with Southern District of Florida Local Rules. 06/20/22 Communicate/Other External correspondence to all defense AGB 0.10 counsel regarding revised motion to dismiss to address allegations against James and Herny 06/20/22 Draft/Revise additional revisions to joint motion to dismiss AGB 2.10 plaintiffs amended complaint to incorporate arguments on behalf of James and Herny 06/20/22 Receipt and review of correspondence from Scott Alexander to SWK 0.20 Judge Smith re proposed scheduling order 06/21/22 Receipt and review of Berben's Answer to Amended Complaint. BLB 0.30 06/21/22 Communicate/Other Counsel correspondence from counsel for SWK 0.30 co-defendant, Scott Alexander re criminal history of plaintiff 06/21/22 Receipt and review of Correspondence from Scott Alexander SWK 0.10 re: proposed Joint Scheduling Order. 06/21/22 Receipt and review of James' Motion to Exceed Page Limit on BLB 0.30 Motion to Dismiss Plaintiff's Amended Complaint. 06/21/22 Communicate/Other External correspondence to all defense AGB 0.10 counsel regarding additional revisions to Joint Motion to Dismiss 06/21/22 Communicate/Other External correspondence to all defense AGB 0.10 counsel regarding final version of Joint Motion to Dismiss 06/21/22 Communicate/Other External telephone conference with Ms. AGB 0.10 Wydler regarding joint motion to dismiss and necessary revisions 06/21/22 Communicate/Other External telephone conference with Mr. AGB 0.10 Stephens regarding joint motion to dismiss and necessary revisions 06/21/22 Draft/Revise additional revisions to Joint Motion to Dismiss AGB 1.10 pursuant to telephone conferences with Ms. Wydler and Mr. Stephens 06/22/22 Communicate/Other Counsel correspondence to counsel for all SWK 0.20 parties re our position on proposed amended language to joint scheduling report and order 06/22/22 Review and analysis of correspondence from Scott Alexander, SWK 0.20 counsel for co-defendant re discussing plaintiffs proposed amendment to joint scheduling report and order 06/22/22 Review and analysis of correspondence from Don Stephens, SWK 0.10 counsel for co-defendant re discussing plaintiffs proposed amendment to joint scheduling report and order 06/22/22 Review and analysis of correspondence from Lourdes Wylder, SWK 0.10 counsel for co-defendants re discussing plaintiffs proposed amendment to joint scheduling report and order Page 196 of 735 Client: City of Boynton Beach July 22, 2022 Matter: 22369 - Smith (Joseph) v. Sohn et al. Page 4 PROFESSIONAL SERVICES Date Services Attorney Hours 06/22/22 Review and analysis of correspondence from plaintiffs counsel SWK 0.20 Nicole La May re issues with proposed joint scheduling report and order 06/22/22 Review and analysis of correspondence from Scott Alexander SWK 0.20 re discussing language for amendment to joint scheduling report and order 06/22/22 Review and analysis of correspondence from plaintiffs counsel, SWK 0.10 Nicole La May re she will amend joint scheduling report and order 06/23/22 Communicate/With Client correspondence to Mr. Klein AGB 0.10 regarding Defendants' Motion to Dismiss Plaintiff' Amended Complaint 06/23/22 Receipt and review of Correspondence from Nicole Sauvola SWK 0.10 Lamay to counsel re: proposed Amended Joint Scheduling Order. 06/23/22 Communicate/Other External correspondence from Mr. Burke AGB 0.10 regarding Palm Beach County State Attorney Close Out Memo regarding Plaintiffs case 06/23/22 Review/Analyze Palm Beach County State Attorney Close Out AGB 0.20 Memo regarding Plaintiff's case to determine impact on allegations and defenses in the case 06/23/22 Communicate/With Client correspondence to Ms. Klein AGB 0.30 regarding Palm Beach County State Attorney close out memo and impact on allegations and defenses in the case 06/23/22 Correspondence to and from Nicole LaMay re: proposed Joint SWK 0.30 Scheduling Order and issues regarding Motions to Dismiss. 06/27/22 Receipt and review of Correspondence from Scott Alexander SWK 0.30 re: proposed Joint Scheduling Report. 06/27/22 Receipt and review of Correspondence from Karen Klein re: BLB 0.50 request analysis of video footage, anticipated fees and expenses. 06/27/22 Receipt and review of Correspondence from Scott Alexander SWK 0.20 re: proposed Joint Scheduling Report. 06/27/22 Receipt and review of Plaintiffs Certificate of Disclosure. SWK 0.10 06/27/22 Receipt and review of Henry's Certificate of Disclosure. SWK 0.10 06/27/22 Receipt and review of James Certificate of Disclosure. SWK 0.10 06/27/22 Communicate/Other Counsel correspondences (multiple) from SWK 0.40 and to counsel including Nicole LaMay and Don Stephens re amending joint scheduling report and order 06/29/22 Receipt and review of James' Amended Certificate of SWK 0.10 Disclosure Statement. 06/29/22 Receipt and review of Plaintiffs Motion for Extension of Time to BLB 0.30 Respond to Sohn & Herny's Motion to Dismiss. Page 197 of 735 Client: City of Boynton Beach Matter: 22369 - Smith (Joseph) v. Sohn et al. PROFESSIONAL SERVICES Date Services 06/29/22 Receipt and review of Court;'s Order on Motion for Leave to File Excess Pages. 06/29/22 Receipt and review of Court's Order on Plaintiff's Motion for Extension of Time to Respond to Sohn & Herny's Motion to Dismiss. 06/29/22 Receipt and review of correspondence from Nicole LaMay, counsel for Plaintiff to Judge Smith re proposed order on Plaintiffs motion for extension of time 06/29/22 Receipt and review of correspondence from Nicole LaMay, counsel for Plaintiff, to Judge Smith re proposed scheduling order 06/30/22 Preparation of Correspondence to Karen Klein re: trial and deadlines. PROFESSIONAL SERVICES SUMMARY Code Name AGB Ann G. Breeden, Associate BLB Benjamin L. Bedard, Partner JK Jaime Kehoe, Paralegal SWK Stephanie W. Kaufer, Partner Total Professional Services CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: July 22, 2022 Page 5 Attorney Hours BLB 0.10 BLB 0.10 SWK 0.10 SWK 0.10 BLB 0.30 Hours Rate 16.70 160.00 2.20 185.00 2.20 110.00 5.50 185.00 Amount 2,672.00 407.00 242.00 1,017.50 .p't,JJO.JV $ 4,338.50 795.50 -795.50 $ 4,338.50 Page 198 of 735 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: 66740 Bill Date: July 22, 2022 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 22369 Matter Name: Smith (Joseph) v. Sohn et al. Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 4,338.50 0.00 $ 4,338.50 795.50 -795.50 $ 4,338.50 0.00 $4,338.50 Page 199 of 735 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 July 22, 2022 Attn: Karen Klein Bill No. 66739 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 06/30/22 PROFESSIONAL SERVICES Date Services Attorney Hours 06/03/22 Receipt and review of Court's Notice of Mediation. BLB 0.10 06/06/22 Preparation of Correspondence to Karen Klein and Officer Mark BLB 0.30 Total Professional Services Sohn re: Court Ordered Mediation. $277.50 06/07/22 Receipt and review of Correspondence from Officer Mark Sohn BLB 0.10 re: received notice of mediation but may not be employed with City by August. 06/08/22 Communicate/With Client correspondence to and from Karen SWK 0.40 Klein re court ordered mediation and plaintiffs demand 06/14/22 Receipt and review of Court's Order on Plaintiff's Motion to BLB 0.10 Withdraw as Counsel. 06/14/22 Preparation of Correspondence to Karen Klein re: Plaintiff's BLB 0.30 Motion to Withdraw as Counsel. 06/16/22 Receipt and review of Court's Briefing Notice. BLB 0.20 PROFESSIONAL SERVICES SUMMARY Code Name Hours Rate Amount BLB Benjamin L. Bedard, Partner 1.10 185.00 203.50 SWK Stephanie W. Kaufer, Partner 0.40 185.00 74.00 Total Professional Services 1.50 $277.50 Page 200 of 735 Client: City of Boynton Beach Matter: 20469 - McFadden v. CBB/Sohn CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: July 22, 2022 Page 2 $ 277.50 564.50 -564.50 $ 277.50 Page 201 of 735 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: 66739 Bill Date: July 22, 2022 Client Code: 032 Client Name: City of Boynton Beach Matter Code: 20469 Matter Name: McFadden v. CBB/Sohn Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 277.50 KIM $ 277.50 564.50 -564.50 $ 277.50 $277.50 Page 202 of 735 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 Attn: Karen Klein P.O. Box 2805 Clinton, Iowa 52733-2805 CLIENT: Gallagher Bassett Services, Inc. MATTER: Readon v. Boynton Beach Claim #001470 -000396 -AB -01 BILL FOR FEES AND COSTS THROUGH 06/30/22 PROFESSIONAL SERVICES Date Services 06/08/22 Communicate/With Client Correspondence to Klein re deposition of Lex Eugene and motion for summary judgment. 06/08/22 Receipt and review of Notice of Change of Attorney for City of Boynton Beach. 06/09/22 Draft/Revise additional revisions to mark sohn's motion for summary judgment to include additional arguments regarding 768.28 (9) immunity and eugene's negligence as intervening cause of accident 06/09/22 Research legal research regarding intervening causes in motor vehicle accidents and cases involving police pursuits PROFESSIONAL SERVICES SUMMARY Code Name Hours AGB Ann G. Breeden, Associate 3.50 BLB Benjamin L. Bedard, Partner 0.10 SWK Stephanie W. Kaufer, Partner 0.30 Total Professional Services 3.90 July 22, 2022 Bill No. 66744 138 18187 Attorney Hours SWK 0.30 BLB 0.10 AGB 2.20 AGB 1.30 Rate Amount 160.00 560.00 185.00 18.50 185.00 55.50 $634.00 Page 203 of 735 Client: Gallagher Bassett Services, Inc. Matter: 18187 - Readon v. Boynton Beach CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: July 22, 2022 Page 2 $ 634.00 709.50 -709.50 $ 634.00 Page 204 of 735 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: 66744 Bill Date: July 22, 2022 Client Code: 138 Client Name: Gallagher Bassett Services, Inc. Matter Code: 18187 Matter Name: Readon v. Boynton Beach Total Professional Services Total Disbursements CURRENT BILL TOTAL AMOUNT DUE Balance Forward: Payments & Adjustments: Total Due: Past Due Balance TOTAL AMOUNT DUE 634.00 KIM $ 634.00 709.50 -709.50 $ 634.00 $634.00 Page 205 of 735 6. G. Consent Agenda 8/16/2022 Requested Action by Commission: Approve minutes from the July 11, 2022, July 12, 2022, and July 13, 2022 Budget Workshops, and the August 2, 2022 City Commission Meeting. Explanation of Request: The City Commission met on J my 11, 2022, J my 12, 2022, J my 13, 2022, and J my 19, 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: There is no fiscal impact to the budget from this item. 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 Addendum Budget Woirk,:.nlrmop I Iliinutes Ju..nlly 11, 12,13, 2022 Adder'Auirnn (: armnirrniisslion (Meeting IMiirn.Atels 08..02...22 Page 206 of 735 Minutes of the City Commission Budget Workshop Meeting Held Online Via the GoToWebinar Platform and In -Person at the BBPD Community Room 2100 High Ridge Road, Boynton Beach, Florida July 11 — 13, 2022 Present: Mayor Ty Penserga James Stables, Interim City Manager Vice Mayor Angela Cruz Mike Cirullo, City Attorney Commissioner Woodrow L. Commissioner Hay Andrew Mack, Asst. City Manager Commissioner Thomas Commissioner Turkin Maylee De Jesus, City Clerk Commissioner Aimee Commissioner Kelley Agenda Item A. Welcome Mayor Penserga Ty Penserga called the meeting to order at 10:06 a.m. Invocation was given by Mayor Penserga, followed by the Pledge of Allegiance. Roll Call City Clerk De Jesus called the roll. A quorum was present. Commissioner Hay arrived at 10:30 a.m. Mayor Penserga asked for any amendments and added a second public comment period at the end of today. Commissioner Turkin moved to approve the agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. B. Budget Overview • Revenue & Expenses Mara Frederiksen, Director of Financial Services, explained the budget schedule through September. She noted the overall budget proposal for the year is $263.8M. She reviewed the funding sources and mentioned that "all other" meant the smaller revenue funds, totally $13.5M. She spoke about which funds are dependent on the economy and the difference between the taxes. Vice Mayor Cruz asked about the process for amending the budget after it has been adopted. Ms. Frederiksen explained the amendment process. Commissioner Turkin asked for an elaboration on the fund transfers. Page 207 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Ms. Frederiksen explained what is covered in the fund transfers and what can be transferred under the reserves. She spoke about the Proposed Expenditures of $263.8M and the appropriation summary. She stated there is a decrease this year, particularly in capital improvement projects. Mayor Penserga asked about the Capital Improvement Project for the Parks and Recreation Trust. Ms. Frederiksen responded that they do not have any projects at the moment, which is why the funds are significantly lower. She explained the General Fund Proposed Budget of $106.9M and the General Fund Department Budgets. Mayor Penserga stated that he did not see a slide on the General Fund revenues, and he asked about the ad valorem taxes. Ms. Frederiksen explained the ad valorem taxes and reviewed the FY 22-23 Proposed General Fund Highlights — revenue impact and expenditure impact. She spoke about what is included under General Capital; the General Fund Departments; and the proposed changes for this upcoming fiscal year due to the Save Our Homes program. Ms. Frederiksen explained what is paid out of the Commission budget, the proposed position in the ADA & Inclusion Department that was not filled; the General Fund Balance; and the Emergency Reserve Historical Trend. Mayor Penserga asked about the target goal for the number of months for the Utility to put in reserve. Commissioner Hay arrived at 10:30 a.m. Ms. Frederiksen explained what the typical reserve goal is; the Proposed Tax Levy vs Rollback Rate; State Truth in Millage (TRIM); Millage rate impact on residential properties; and the Millage Rate impact on commercial properties. • Property Millage Rate • Fire Assessment Rate James Stables, Interim City Manager, explained the Millage Rate Assumptions and the impact on residential and commercial properties. Ms. Frederiksen explained the different millage rate options being proposed and the impact to the budget. Commissioner Hay asked how far above the rollback rate would bring us to break even. 4 Page 208 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Ms. Frederiksen further explained the millage rate. Mayor Penserga stated that he would like to see the millage rate in between what we have now and the rollback rate. He explained why he would like to see the millage rate lowered. Commissioner Turkin agreed and explained why he would like to see us closer to the rollback rate, in order to give a break to the taxpayers. Interim City Manager Stables explained the Fire Assessment Fee and cautioned that a large revenue decrease will result in services being impacted negatively. Commissioner Turkin stated that they do not want to see services decreased, but they would like to see a decrease in property taxes. He spoke about ARPA funds offsetting areas of the budget. Commissioner Hay stated that he would not like to touch the ARPA funding. He stated that as long as they show a positive trend, it shows the public that they are trying to maintain a positive trend to lower the millage rate. He stated that to go back to the rollback rate is a bit drastic. Commissioner Kelley stated that we need to find a happy medium and be responsible. She stated that a small millage rate decrease puts us in a situation where the millage rate is decreased but taxes are increased. She said they should be giving residents the services that we promise them. Vice Mayor Cruz stated that we do have to keep in mind the raises to the employees as well, which will be a new base. There was consensus that they would like to be responsible and bring the millage rate down. Mayor Penserga summarized that the consensus is to lower the millage rate and keep services the same. He asked for more elaboration on the Fire Assessment Fee. Interim City Manager Stables explained the Fire Assessment Fee and mentioned that it has not been increased in 4 years. He spoke about the funding for capital projects and why it is a stable funding source. Mayor Penserga asked if there is something that the Fire Assessment Fee could do that the other fees cannot. He asked if there were no Fire Assessment Fee, could they still achieve the same goals. Interim City Manager Stables responded yes, but it would take longer to fund things. He stated that if they took away the Fire Assessment Fee, it would decrease the budget by 9 Page 209 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 $8M. He said that we have the lowest Fire Assessment Fee in the County. Commissioner Hay asked where they stand on the Fire Assessment Fee being a finite timeline. Interim City Manager Stables stated that it is designed to bridge a funding gap and to sunset at some point, but there is no sunset date at the time. City Attorney Cirullo explained that this was initially put in place in 2001 and was supposed to be 7 years. It was sunset and was reinstated by the Commission in 2008 without a sunset year. He mentioned what it could be used for. Vice Mayor Cruz stated that she would like to get a history of the Fire Assessment Fee over the years. She asked what the current assessment is at this time. Interim City Manager Stables stated that it is $120. City Attorney Cirullo explained the percentage increases and how they are calculated. Commissioner Turkin asked if it could be used for personnel. Interim City Manager Stables responded yes. City Attorney Cirullo explained what it can and cannot be used for. Mayor Penserga stated that as of now, he is comfortable increasing the Fire Assessment Fee, factoring in a millage rate decrease. Commissioner Hay asked what percentage of the 39 municipalities in Palm Beach County that have a Fire Assessment Fee. Interim City Manager Stables stated that he can get it information. He asked for consensus on the millage rate as well. He explained the decrease in revenue with each tenth of a mill in rates. Mayor Penserga stated that he is uncomfortable giving a number right now because he has not had a chance to look at the millage rate decreases. He asked what projects might get eliminated if they lower the millage rate. Commissioner Kelley stated that collectively they are not in a position to do a rollback, and stated that they can probably agree to stay within the two tenths of a reduction. Vice Mayor Cruz stated that she would like to see staff presentations for every department and then we can decide at the end of the day. 4 Page 210 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Interim City Manager Stables stated that he would try to figure out how we would pay for the services within the budget that we are given. Ms. Frederiksen explained what the Commission should consider in regard to the millage rate. Mayor Penserga asked about the sample decrease millage rates. He mentioned that while the economy is doing well, he would like to see a decrease in millage rate. Interim City Manager Stables mentioned that the cost of doing business has grown, while the revenue has stayed flat. He stated that if we business modeled, we do not have to change the millage rate drastically if there is an economic downturn. He explained the savings with the Save Our Homes Program. C. Public Comments Ernest Mignoli, 710 NE 7t" Street, Unit 407, said God Bless everyone. Virtual Comments: Christine Roberts was called upon but was muted and did not speak. Mayor Penserga closed public comments. Interim City Manager Stables stated that they are beginning with the Utilities enterprise fund. G. Utility Fund: • Operating Poonam Kalkat, Utilities Director, explained the Utilities Proposed Budget of $56M, which is a 2.4% overall increase. She spoke about how they come up with the budget, as they start it as a zero -based budget process. She explained what the increases are for this budget. She commented on the need for more personnel, and the reorganization of some full-time employees (FTEs). Mayor Penserga stated that he agrees with the changes that are being made, and he appreciates the opportunity for growth. Ms. Kalkat explained the supply chain issues. She reminded the Commission that 8% of the funds go to the General Fund. She spoke about the highlights of the Utilities Proposed Budget. Mayor Penserga asked what the debt services is used for. Page 211 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Ms. Kalkat explained the reason why they sometimes have to do projects that are high priced. She spoke about how far out they look ahead for their needs and the current debt. She stated that she would like to do "pay as you go" instead of getting into debt. Mayor Penserga stated that as part of the infrastructure update, he would like to know what our current situation is for the debt services. Ms. Kalkat stated that she will get a presentation together for the Commission. She spoke about the Operational Successes. She mentioned the 2nd place reward that they received for the Southeast Florida municipalities in FSAWWA Region VI Best Tasting Water. She continued by discussing the following: the 25% discount on the flood insurance premiums; the successful raw water well maintenance program; the iWater software upgrade; and the upgrade to the customer autopay. She explained the following regarding Successes - Sustainability and Resilience: completed multijurisdictional climate change vulnerability assessment; tree inventory in City Parks and other areas in the City; EV chargers; and Cities Race to Zero. She spoke about the Operational Challenges. Mayor Penserga asked if there are any other cities that are ahead of us in terms of PFAS and PFOS and screening it out of the water system. Ms. Kalkat explained the timeline for the monitoring. She noted that they look at other states as examples, and that the State legislature is currently looking at this. Mayor Penserga stated that he would like for us to be ahead of the game, putting a plan in place ahead of time, since we know that it is coming down the pipeline. Commissioner Kelley asked about the regulations and what the staff impact will be. Ms. Kalkat stated that they have already started looking at that. She said that it is harder to get the private portion, but there are some things that they can do ahead of time, but they are evaluating as they go. She commented that they are still waiting for the State to give them what measures are going to be acceptable. She explained the Initiatives - Operational, what they are continuing to work on and what they are going to implement. She spoke about the Initiatives - Sustainability and Resilience and FY23 Annual Rate Development -Utility Management Automation (UMA). She stated that she is proposing foregoing an increase for this year. Commissioner Kelley asked about using the reserve, instead of doing an increase. Ms. Kalkat explained what they would use from the reserve, if needed. The Commissioners thanked Ms. Kalkat for the presentation. • Capital Page 212 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Kalkat explained the FY23 Capital Improvement Program, and stated that the total CIP (including a number of multi-year projects) is $33M. Mayor Penserga asked if we are looking at new customer acquisitions. Ms. Kalkat stated that she has hit the pause button on that for now, so that they can maintain what they have at the moment. She explained the total CIP and the grant that was received from the Department of Economic Opportunity. Commissioner Turkin asked about a grant for the Chapel Hill neighborhood and if the project is in this budget. Chris Roschek, Deputy Utilities Director, stated that they were not successful in receiving the grant, but they are looking at other grants Commissioner Hay asked if the Gateway Boulevard neighborhood is on the list. Ms. Kalkat responded yes. Andrew Mack, Assistant City Manager, explained the project to expand the overpass at 1-95, and stated that it is a couple of years out. Ms. Kalkat stated that she is trying to make sure that we do not have a flooding issue. Commissioner Hay stated that he would like to talk to Ms. Kalkat about other projects, offline. Mayor Penserga asked if we have a GIS map for the projects that are being worked on. There was discussion regarding projects in areas where it floods in the City. Ms. Kalkat stated that she would like to prioritize projects. Mayor Penserga spoke about the Seawall Improvement Project through the CRA. Vice Mayor Cruz stated that she does not like to say that we are going to look at something without having a definitive date. She said that this would have been a great time to bring up these concerns. Ms. Kalkat stated that we do not have a strong Water Master Plan in place, and it is budgeted for next year, but they do not want the projects to be set aside until then. She spoke about the FY 23 Capital Project Budget Highlights; Successes-CIP; Challenges- CIP; and Initiatives-CIP. N Page 213 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mayor Penserga stated that the projects are staggered in time, and asked how it is determined which projects are prioritized first. Ms. Kalkat stated that we need to have prioritization criteria, which they are developing. She said that sometimes there are other projects that they are working on simultaneously, and they want to maximize working on that street at the same time. She stated that they are looking at the basins as well. Mayor Penserga explained why we need to prioritize the projects. Vice Mayor Cruz reiterated that these are things that need to be looked at during the budget process, and stated that this could be helpful in figuring out the millage rate. Commissioner Kelley stated that the Master Plan helps them in having an answer to constituents when asked about projects. Mayor Penserga stated that Ocean Avenue and Federal gets flooded, and asked what we are doing about it. Ms. Kalkat stated that they are filling a position that will be looking at those issues to make sure that everyone complies. Motion Commissioner Turkin moved to recess for an hour. Vice Mayor Cruz seconded the motion. The motion passed unanimously. Mayor Penserga reconvened the meeting at 1:30 p.m. • Discuss Canal Assessment Interim City Manager Stables explained the canal assessment issue and the direct billing that was done and will have to be redone. Mayor Penserga asked what the timeline is for the replatting project. Assistant City Manager Mack stated that they have surveyors on a rotational contract and said that it would be approximately 90-120 days. Interim City Manager Stables stated that he will provide updates periodically. D. General Fund: • Public Works I Page 214 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mario Guzman, Director of Public Works, explained the proposed budget and the percent increases and decreases. He spoke about personnel shifts and where they were being billed from. He explained the highlighted changes for Public Works. He spoke about the successes and challenges and initiatives within Public Works. Commissioner Hay asked about the Drive Safe Boynton and the different techniques that they are using, and what works and what does not work. Gary Dunmyer, City Engineer, stated they have been putting in speed bumps, which are effective, and that they do have other options, such has narrowing the road with striping. Mr. Guzman explained the following: Fiscal Year 22/23 Fleet Maintenance proposed budget; what their targets on replacement funds are; the highlighted changes for fleet; successes, challenge, and initiatives for fleet; Fiscal Year 22/23 Solid Waste Fund proposed budget; highlighted changes to solid waste; and successes, challenges, initiatives for Solid Waste. Vice Mayor Cruz asked about how many unfilled positions there are and how often the positions are posted. Mr. Guzman responded that there are about 18 vacancies in the division, but 8 that are already in the process. He explained where the positions are posted. Commissioner Hay asked how we are working towards being higher than 73rd in the rank. Mr. Guzman explained the requirements and metrics that are reviewed for the list. Commissioner Kelley thanked Mr. Guzman for his presentation and for his career initiatives and asked what the timeline on the systems update is. Mr. Guzman explained what the process is and stated that it might be about 8 months for implementation. He stated that the software was implemented in 1991. Commissioner Hay asked about the different parking signs in the different areas. He stated that the residents are pleased with the Drive Safe initiative but asked about the different timeframes for parking. Assistant City Manager Mack explained the parking restrictions and stated that it is to solve the problem with parking in certain areas. He stated that he will get back with Commissioner Hay on specifics. Commissioner Turkin thanked staff for getting the speed bumps in certain areas and asked for elaboration on the carts. Mr. Guzman stated that they are looking at repairing the garbage carts in-house or how 09 Page 215 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 they are issued to residents. Commissioner Turkin spoke about trash in the streets and getting that solved. Mr. Guzman responded that they are looking at that as part of their clean street initiative. Mayor Penserga asked about the number of vehicles in the fleet, fuel purchasing, and electric vehicles. He asked what is done with the old vehicles and whether there are options to give them to local schools. Mr. Guzman responded there are 900 to 1000 vehicles in the fleet. He stated that we have two 40,000 -gallon tanks at the warehouse, and he explained the gas purchase process. He said that for emergencies they have additional storage set aside from the vendor and stated that we have different contracts with the County as well. He mentioned that we do have electrical vehicles and purchased 30 electrical vehicles this year. He explained the difference in cost of the vehicles as opposed to regular vehicles. He stated that they have given old vehicles away before. Assistant City Manager Mack stated that we have been doing very well in our surplus vehicles, and that any time we are approached to donate something, we look at it. Mayor Penserga asked about sidewalks maintenance and if we have a restoration program. Mr. Guzman explained who is responsible for maintenance. Mr. Dunmyer stated that the adjacent property owner maintains the sidewalk. Mayor Penserga asked about Fire Station 3 and the marquee sign that is out front that needs to be replaced. He stated that we have a program for digital signs that we should use to replace the sign. Assistant City Manager Mack explained where they are at on the process for Fire Station 3 and stated that they can look at replacing the sign sooner. He noted that they do not have a lot of input from residents, but they need funding more than input on a station. Commissioner Turkin stated that it would be great to acquire Federal and Seacrest. Commissioner Kelley stated that she would like an update on the timeline for finding the funding for Fire Station 3, and that she would like to see the sign replaced sooner as well. Interim City Manager Stables stated that they are exploring grants for the Fire Station, but there are no dedicated funding sources. He stated that he will get back to the Commission on the sign. 10 Page 216 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mr. Guzman stated that he will send a team out there to take a look at the sign. Vice Mayor Cruz asked how far we are in negotiations with SEIU for raises. Interim City Manager Stables stated that they are still negotiating. • Capital Improvement Plan Mr. Guzman explained the following: 303 Fund - Source of Funding; 302 Fund - Source of Funding; 303 Fund (surtax); General Repairs, HVAC, and Roofing Projects; Recreation and Parks Projects - Little league Park, Oyer Park, Intracoastal Park, Tennis Center; and Public Safety Projects - Fire Station Projects, Misc. Projects. Interim City Manager Stables stated that there is an earmark for the tower that he just heard about. Mr. Guzman spoke about the Information Technology Projects. Charles Stevens, ITS Network Manager, explained what the Datrium Server is. He stated that the system is being phased out within the year and they are replacing it before it is out. Commissioner Hay asked if the security cameras are because there is a safety issue. Mr. Guzman explained why they need security cameras at the Fire Stations. Interim City Manager Stables further explained the reasoning why they need the security cameras. Commissioner Turkin asked about the cost for bunk area and apparatus bays. He asked for more details about the Intracoastal Park. Mr. Dunmyer explained the amenity upgrades to the Intracoastal Park. Mr. Guzman stated that this is a revenue stream because it is rented out. He spoke about Transportation Projects. Mayor Penserga asked which areas are being looked at for upgrading. Mr. Dunmyer explained where they are repaving first. He stated that they do have a plan for that. Mr. Guzman explained the 302 Fund (General Fund): General Government Projects; Recreation and Parks Project; and Public Safety Projects. Page 217 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mayor Penserga asked about the grant. Kacy Young, Recreation & Parks Director, stated that they reached out to the grant division in Tallahassee, and they are still waiting on the official announcement to be made. Mr. Dunmyer explained the Eco Park Construction and what their part is, and said that it will be about 3-4 months before they start. Commissioner Turkin stated that he was supposed to be sent the conceptual design for the park to be a dog park and asked if there is one, and if is budgeted for this year. Assistant City Manager Mack stated that there are some conceptual drawings right now, and he will get it to the Commission. He explained the process for funding. Mr. Guzman spoke about the Transportation/Roadway Projects. Commissioner Kelley asked about the updates on the ramps Mr. Guzman stated that the kayak ramp is done, and Oyer park is going to be closed on September 12 for the ramp to be worked on. He stated that they plan to send out announcements, so people know of the upcoming closing. Commissioner Turkin stated that they are receiving the calls regarding the ramp and that we really need to get the message out. Vice Mayor Cruz asked about the last time we evaluated the cost of park fees. There was discussion in regard to the difference between public art fees and park impact fees. Mayor Penserga asked for a 10 -minute recess at 3:02 p.m. Mayor Penserga reconvened the meeting at 3:12 p.m. • Police Department Joe DeGiulio, Interim Police Chief, spoke about the following: Proposed Budget; Highlighted Changes; Police Department/Uniform services; Police Department/Office of the Chief; Police Department/Support Services; and Police Department/Red Light Camera. Mayor Penserga asked for the rationale regarding moving the positions over. Interim Chief DeGiulio explained the moves. He spoke about the successes, and he explained how many Officers are being hired and are in training. He commented on the 12 Page 218 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 challenges within the department and the initiatives within the department. Commissioner Kelley stated they are down officers but asked how the overtime is significantly reduced. Sophia Stewart, Budget Manager, explained the overtime budgeting. Commissioner Kelley asked how we are doing staffing on a shift basis, and how much overtime is happening on each shift. She asked how we are competing with other area Police Departments to keep our officers. She asked about National Incident -Based Report System (NIBRS). Interim Chief DeGiulio explained the number of Officers per shift. He stated that the personnel increases are not being reflected right now because we will be going into negotiations soon. He responded about NIBRS. Commissioner Turkin asked if are still short on Officers compared to 2008. Interim Chief DeGiulio responded yes. Commissioner Turkin suggested allocating more funds to increase Police Officer presence. He shared a personal experience on the campaign trail. He mentioned that we need to change the culture of the City with more Police presence. Commissioner Hay asked what is happening with PBSO. Interim Chief DeGiulio stated that they haven't received a proposal. PBSO has done a peer to peer assessment. Vice Mayor Cruz agrees that adding more boots on the ground would be a great idea. She spoke about the minimum requirements to become a Police Officer and asked if a bachelor's degree is absolutely necessary. Interim Chief DeGiulio explained the current requirements and education waivers for Police Officers. He described how they could shift the requirements. Commissioner Hay asked how they determine how many Officers we need. Interim Chief DeGiulio stated that our current staffing is 156, and they have not dived into how many Officers they really need. He noted that the 174 Officers were how many they had in 2008. Mayor Penserga asked about the long-term plan for staffing. Interim Chief DeGiulio explained the number of Officers they are hiring and that are in the 13 Page 219 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Deferred Retirement Option Program (DROP). He spoke about how they are planning for staffing. He stated that they are making changes in recruiting because it is a bit slower than he would like it to be. He described the challenges and noted that they are developing both short-term and long-term plans. He further described NIBRS, which provides a more detailed crime report. Mayor Penserga asked about shift staffing levels for road patrol. Interim Chief DeGiulio explained uniform services, how many are per shift, and how many Police vehicles there are per shift. He stated that they were having a difficult time filling positions, but Officers were shifted around. Mayor Penserga asked what the future of the Neighborhood Officer Program (NOP) is looking like and if there are plans to expand. Interim Chief DeGiulio stated that he is hoping to unpause the program on September 1, and further explained staffing for the NOP. He said that they focus on core functions until they are fully staffed. Commissioner Kelley stated that she understands wanting someone with a bachelor's degree, but that in this career it is typically started coming out of high school or military, she would like that requirement to be revisited. She explained the situation of someone who was denied because of being short a few credit hours with the college requirement. She asked for clarification on overtime for last night. Interim Chief DeGiulio explained how many officers were called in for overtime. Mayor Penserga stated that it may be a security concern to speak about this in a public setting. Commissioner Kelley mentioned the Officers in the DROP program and asked what is being done to help bridge that gap. Interim Chief DeGiulio stated that 30 Officers down are critical to operations. He explained what they are doing to close the gap and maintaining as close of a gap as possible. Commissioner Turkin asked how we pay in comparison to other area Police Departments. Interim Chief DeGiulio stated that there has not been a study done as of recently, but that retention is the problem. Commissioner Hay stated that he would like to caution everyone that we do not create a false sense of fear in our City. Commissioner Turkin said that he believes we are in a violent crime crisis and asked how 14 Page 220 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 many shootings there have been in the last 3 weeks. Interim Chief DeGiulio responded approximately 4 shootings. Commissioner Turkin stated that when it comes to this line item, we need more boots on the ground. Mayor Penserga summarized that they would like to see more boots on the ground and thanked staff for the presentation. Mayor Penserga recessed for 7 minutes at 4:03 p.m. Mayor Penserga reconvened at 4:10 p.m. • Fire Department Recreation Hugh Bruder, Interim Fire Chief, spoke about the Proposed Budget; Highlighted Changes - Emergency Management; FY 2021/2022 Accomplishments; and FY 2022/23 Goals. Commissioner Hay asked if he feels that we have enough Fire Stations for the next ten years and how that is determined. Interim Chief Bruder stated that he would like to see another Fire Station out west, because of the growth happening out there. He stated that the variable changes from municipality to municipality. He said that the most important thing to look at is response time, and we would need more units out in the field, but that requires a much larger budget. Interim City Manager Stables added that there is accreditation criteria to help you build that for your jurisdiction. Interim Chief Bruder stated that they will be coming back to the Commission in the future when they have the performance analyst online. Vice Mayor Cruz asked about the new line item. She asked about the Fire Assessment Fee increasing and what the minimum increase would be. Interim Chief Bruder stated that he spoke about it when they took another look at the budget and reallocated money. Interim City Manager Stables stated that there should be a plan on increasing the rate, which has not been done in 4 years. He stated that the Fire Assessment Fee was crafted to build station #3 because there is no funding for that. Vice Mayor Cruz asked for a presentation on what specific projects are perpetuating the 15 Page 221 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 fee increase and the justification. Commissioner Turkin spoke about a Fire Assessment scenario document he had. City Attorney Cirullo stated that Commissioner Turkin printed it out from last year's proposed budget. Commissioner Turkin asked about the non-operating expense on page 4 of the proposed budget. Interim City Manager Stables stated that it is the prefunding for fleet to purchase the apparatus. Commissioner Turkin said that he would like operating expenses elaborated. Ms. Frederiksen stated that there is a line by line on the operating expenses in the budget book. Interim Chief Bruder explained the operating expense increases. Mayor Penserga asked about the transfer to grants match. Interim Chief Bruder clarified that the $40K is the City's share for the Fire boat. Commissioner Kelley stated that it was mentioned that those Fire Assessment Fees could be used for District 4's Fire Department update. She asked if that is, realistically, what the money will be used for or are there other items for these funds will be used for. She inquired about what the costs would be for the renovation. Interim City Manager Stables stated that it is approximately $8-12M dollars to build a new Fire Station. He said that this is a cost for a rebuild and not a remodel. He stated that the Fire Assessment Fee is designed to fund that, and that this is our way to be proactive. Commissioner Kelley asked why we are counting on this fee towards special projects, apparatuses, etc. Interim City Manager Stables stated that he is not sure what it was originally created for and explained why it is needed. He said it was not designed to build a Fire Station, rather, to offset the budget of the Fire Department. Mayor Penserga stated that he would like to earmark it for specific projects. He asked if we have looked at borrowing money for a Fire Station. Interim City Manager Stables stated that we are at debt capacity, and they do not want to go more into debt until they have paid off debt that has already been incurred. T Page 222 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Commissioner Turkin asked for more of a detailed list on what can be used with the ARPA funds. Interim City Manager Stables stated that the rules have changed over time and that they can look into that and get information to the Commission. Commissioner Hay asked how they can measure mental health impact on personnel. Interim Chief Bruder spoke about how they measure that the program is working, without violating HIPPA. Vice Mayor Cruz stated that many constituents live on a fixed income which is why she is trying to be mindful of increases in fees. Recreation and Parks Mr. Young spoke about the Proposed Budget; Highlighted Changes - Recreation General fund. He commented on the increase in the Arts & Cultural Center, and stated that they have not previously budgeted enough for it. Assistant City Manager Mack clarified why there is an increase. Mr. Young spoke about PayTrac; Parking Services; Recreation Program Revenue Fund; and Successes, Challenges, and Initiatives. Mayor Penserga asked if there was a separate presentation for the Trust Fund. Mr. Young responded that it is the same presentation. He explained the Park System Master Plan. He said that the Park Impact Fund will be used as one of the resources to fund projects that will be identified in the Park System Master Plan. Mayor Penserga asked why we are not setting aside money now instead of waiting. Vice Mayor Cruz asked how much money is in the parks impact fee. Ms. Frederiksen responded about $550,000 and further explained the use of the funds. Vice Mayor Cruz stated that she would like more details from staff for the different funds, and guidance. She stated that she would like to direct staff to look at the park impact fee. City Attorney Cirullo responded that there are statutes to be able to increase the fees. Mayor Penserga asked what the trust fund and impact fee fund is for. Mr. Young explained the different funds. 17 Page 223 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mayor Penserga asked about the options to fund a new park. Ms. Frederiksen explained the options. Commissioner Kelley asked about the parks plan going forward and evaluating data to determine what residents are looking for. She asked how many residents participated in the survey. Mr. Young stated that they are in the initial stages of that plan and said that they are still compiling the information. He stated that the plan is looking at being presented in February 2023. Mayor Penserga asked about the reorganization to transfer events to Parks and Recreation. Interim City Manager Stables stated that it probably will not happen during this budget process. Commissioner Hay asked if the Park System Master Plan includes a plan to add additional cameras in the Sara Sims park and cemetery. Mr. Young explained that there are cameras there, but they have not had a conversation to add additional cameras. The Commissioners thanked staff for all of their presentations. Mayor Penserga thanked the Commissioners for their service and stated that everyone is watching them and if they see that the Commission is invested, more people are likely to invest. Public Comment: Ernest Mignoli, 710 NE 7t" Street, Unit 407, stated that he is the only public here and that everyone is scared to come here. He commented that there are no criminal trespass signs at the Sara Simms Park. There were no virtual comments. Motion Commissioner Vice Mayor Cruz moved to adjourn the meeting. Commissioner Turkin seconded the motion. The motion passed unanimously. The meeting was adjourned at 5:24 p.m. 18 Page 224 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 A. Welcome — Mayor Ty Penserga Mayor Penserga called the July 12, 2022, meeting to order at 10:05 a.m. Invocation was given by Commissioner Hay, followed by the Pledge of Allegiance lead by Mayor Penserga. Roll Call City Clerk De Jesus called the roll. A quorum was present. Interim City Manager Stables asked which departments they would like to hear from. Commissioner Hay said that he would like to see the list of departments. Vice Mayor Cruz wanted to hear from all departments. Commissioner Kelley stated she did not want to hear from all departments, if they are not prepared. Commissioner Turkin said that we need to see the list but would like to get to the priority departments. Mayor Penserga said that he would like to hear from major departments: Public Art Fund, Golf Course, Economic Development, and Schoolhouse Children's Museum. Commissioner Kelley said that she would like to hear from Marketing. Vice Mayor Cruz wanted to come back to the Fire Assessment Fee. Mayor Penserga stated that there are three proposed resolutions and, historically, they have been voted on in this meeting, but we can give them direction and vote on it at the Commission meeting next week. Motion Commissioner Kelley moved to approve the agenda, as amended. Commissioner Turkin seconded the motion. The motion passed unanimously. • Development Adam Temple, Director of Development, spoke about the proposed budget; Highlighted Changes in the Department- Building Division; and Successes, Challenges, and Initiatives. He thanked Saleica Brown for her help with the budget. 19 Page 225 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Commissioner Turkin thanked staff for their presentation and stated that he would like to see if they could get more boots on the ground on nights and weekends, because people, like to get unpermitted work done during those times. He stated that he would like to see what can be done for the zoning so there are not a lot of obstacles in the way. He asked if they can get the Planning & Development (P&D) Board recommendation on height restrictions. City Attorney Cirullo stated that they can request input from the P&D Board. Commissioner Kelley asked to hear more about the new law that has been passed and how it will affect the budget and the City, and requested it come before the Commission at some point. Commissioner Hay asked if we have everything needed to get the IAS accreditation. He asked about workforce housing and Land Development regulations. Mr. Temple said that budget approval will assist toward the IAS accreditation, but it will be a multi-year process. He spoke about the workforce housing and Land Development regulations, which will be presented at a later date. Commissioner Hay asked how soon a workshop will be held. Mr. Temple replied quarterly and stated that they will incorporate a "how to" for the new systems. Mayor Penserga stated that he has been in discussion with staff to come forward to the Commission with ideas on workforce housing. He asked if there are regulations that are more effective. Mr. Temple spoke about the standard operating procedures and stated that they do patrol at night and on Saturdays. Vice Mayor Cruz asked about the County funding that might benefit the City. Mayor Penserga recapped which departments will be speaking today. • Economic Development David Scott, Director of Economic Development & Strategy, spoke about the economic development priorities for the Commission. He stated that amplifying Boynton Beach towards a livable economy is their goal. He spoke about the high paying jobs and attracting those target market sectors. John Durgan, Economic Development Manager, spoke about the Proposed Budget; 20 Page 226 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Highlighted Changes; and Successes, Challenges, and Initiatives. He gave an update on the FAU Incubator Space in City Hall, and the new business incentive program that they are creating. Mr. Scott stated that next year's cycle will allow for input to the strategic plan. He spoke about the top targeted programs that they are working with, and about working with career resource and getting young people into paying jobs. He stated that it is important to beautify the gateways into the City. He mentioned entrepreneurships of people that work out of their homes and how to help them grow their businesses. Vice Mayor Cruz asked if it would be helpful to have another support staff within this department. There was consensus from the Commission to add another staff member to the Economic Development Department. Mayor Penserga stated that there is no clear path to help people expand their businesses. Commissioner Hay added that they will need two staff members since Mr. Scott is leaving. Mr. Scott stated that they could use additional support to help communicate with businesses. He commented that residents do not know about grants that are offered. He stated that they really need marketing support and a prospectus. Vice Mayor Cruz stated that the marketing department is very busy, but if they had another person added to their team, they could be dedicated to Economic Development. She asked about a one-stop shop and who would staff it. Mr. Durgan explained that they considered a virtual option for businesses but feel that they need a more formalized program that is robust and encompasses all City services and external resources. Vice Mayor Cruz suggested having a workshop to speak about what is offered and how they can help residents. She also suggested offering courses to provide opportunities for people who have businesses. Mr. Scott stated that the Library has been a great partner, and the maker's space has been helpful to them. He stated that the CRA is also a partner in many of their initiatives. Vice Mayor Cruz asked for a liaison that can help coordinate workshops and work with the department on next steps. Commissioner Kelley stated that this is a department that is beneficial to the City and they get overlooked. She asked about the small business grant program including how it has been used and what are the issues with getting the word out to the community. 21 Page 227 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mr. Durgan stated that one of the biggest issues is getting the word out. He explained how many slots they have filled. He said that prior to Covid, part of their communication was that they knocked on doors, and nothing beats that interaction. Mr. Scott stated that during the pandemic, many of the businesses could not get the PPP loan because they could not figure out the paperwork. Commissioner Turkin asked about the small business grants and if they could be used for marketing. Mr. Durgan responded yes. Commissioner Turkin asked about reaching out to the fishing community and help with their online marketing. He mentioned that word of mouth is the best marketing. Vice Mayor Cruz stated that she would like us to think about the purpose of why we give the grants away. She asked how to make it sustainable. Mr. Durgan spoke about the wraparound services. The Commission reached consensus to add another position to this department. Commissioner Hay asked for clarification on the programs and their funds. Mr. Durgan clarified how much is in each fund. Commissioner Hay asked how we plan to get the project on US -1 and Boynton Beach Boulevard started. Mr. Scott stated that they are already working with the CRA on one of the projects and explained the other Public Private Partnerships that can help to take on other blocks. He said that he will speak to other staff to work on the timeline. Commissioner Kelley stated that she likes the Adopt -A -Highway type of program and agreed that this has to be on the priority list. Mayor Penserga recessed for 13 minutes at 11:35 a.m. Mayor Penserga reconvened the meeting at 11:48 a.m. Interim City Manager Stables stated that the Schoolhouse Children's Museum Board did not prepare for a presentation, but can answer questions. He said that the Communications and Marketing presentation will be presenting online after lunch. 22 Page 228 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 • Schoolhouse Children's museum Suzanne Ross, Executive Director, stated that the museum was affected by the pandemic, but they are moving forward with renovations and are working on being better. She gave a history on the museum and explained what they do at the museum. Mayor Penserga asked to talk about the finances and if we have increased or decreased support of the organization. Ms. Ross responded that the City increased the funding years ago, and they are down for their request of financial support, but they will always need support from the City. She explained the capital campaign that they have been working on since 2019. Mayor Penserga stated that he did not know the historical context and mentioned that he does not think that they should be funded forever. Craig Clark, Library Director, mentioned the staff services line item and how much it has decreased and explained the increases in the budget for the Schoolhouse Museum. Mayor Penserga clarified that the museum is not officially the City's. Mr. Clark stated that the City does own the building and some of the line items are within the budget. He said that the operation is a 501(c)3 and there is a management agreement with the City. Mayor Penserga asked why it is not part of the City, since we own the building. Mr. Clark stated that he was not sure why it is not part of our City, but they believe it is the fundraising aspect of it, since it would not go over well with the Commission of Ethics. Vice Mayor Cruz asked how the museum makes money. Ms. Ross explained their revenue streams. She stated that they are booked throughout the summer for birthday parties. She further explained the non-profit organization. She listed the Board Members for the organization. Commissioner Kelley stated that the Schoolhouse Museum should be marketed more because many people do not know about it. Commissioner Hay suggested immediate signage to promote the Schoolhouse Museum, off of 1-95 or throughout the City. • Library 23 Page 229 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mr. Clark spoke about the Highlighted Changes for the Library: Successes, Challenges, and Initiatives. Commissioner Kelley asked about the part-time position that they want to create, if it is enough. Mr. Clark responded that a full-time would be great, but a part-time is better than nothing at all. He asked that we take our current part-timers and change the classification. Commissioner Kelley asked what the gap is between the full-time and part-time position Interim City Manager Stables explained that he asked Mr. Clark to make it work for a part- time position, but there is potential for staff to take this back and make it work in a better way. He stated that they will need to work with finance to make these positions full-time and added positions work out. Commissioner Kelley stated that the Library is successful with their adult technology, and they do not want to lose that momentum by cutting back on resources. She said that she would like to see the gap bridged, so that there are no positions dropped down. Mayor Penserga stated that he is supportive of making this a full-time position. There was consensus from the Board on making this a full-time position. Vice Mayor Cruz asked how many positions there are in the Library. Mr. Clark stated that there are 27.5 full-time positions. Mayor Penserga recessed for lunch at 12:19 p.m. Mayor Penserga reconvened the meeting at 1:20 p.m. Interim City Manager Stables stated that IT will need time to break down the room for the CRA Meeting tonight, so they will move through quickly with the Public Arts program. • Public Arts Program Glenn Weiss, Public Arts Manager, stated that most of the artwork in Boynton Beach is from artists in Palm Beach County. He spoke about the Proposed Budget; Highlighted Changes; Successes, Challenges, and Initiatives; and Goals in the Different Districts. He also showed renderings of two artworks coming forward. Commissioner Turkin asked for Riverwalk to have a nautical theme to it. Commissioner Hay asked if the three Riverwalk sculptures are the same. 24 Page 230 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mr. Weiss responded yes. Vice Mayor Cruz asked if they work in conjunction with the Art Board, and if proposals always go to the Art Board. Mr. Weiss responded yes and noted that it is an excellent Art Board. There was discussion regarding a welcome marquee sign. There was consensus with the Commission to have nice welcome signs. Commissioner Hay asked about guidelines for artwork. Mr. Weiss explained what the guidelines are for artwork. Mayor Penserga asked how many projects are proposed for this year. Mr. Weiss explained the different proposed projects. Mayor Penserga asked about the $20,000 general fund transfer. Ms. Frederiksen responded that it is transferred each year to subsidize the Public Art Program because sometimes the program cannot sustain itself. There was discussion clarifying the budget for the Public Arts Program. • Golf Course Tommi Ylijoki, Golf Course Manager, gave a history on the Golf Course and the different courses that they have. He presented the Proposed Budget and Highlighted Changes. He explained the 2017 loan that they are paying back to the City, which is about half -way paid. He talked about the maintenance for the Golf Course, and Successes, Challenges, and Initiatives of the Golf Course. Commissioner Kelley asked if the fertilizer is eco -friendly. Mr. Ylijoki explained the organic fertilizer that they use and stated that they are certified as an Audubon -certified course, which limits what they can use for fertilizer. Vice Mayor Cruz stated that the full-time position is justified. Mr. Ylijoki stated that they have lost some employees, and they are open every day except Christmas. Commissioner Turkin asked about the Junior Golf Program. 25 Page 231 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mr. Ylijoki explained the program and said that he grew up in the program. He stated that they are looking for more people to teach. He mentioned that they close at 6:00 p.m. • Marketing & Communications Eleanor Krusell, Director of Marketing & Events, and Chelsea Sanabia, Marketing & Events Coordinator joined remotely to provide updates. Ms. Krusell spoke about the Budgeted Events. Ms. Sanabia explained the Marketing Successes, Challenges, and Initiatives and their goals to get more boots on the ground. Commissioner Turkin stated that he would like to see the Pirate Fest happen. He said it usually costs about $500,000 but the CRA is limited on what they can pay. Mayor Penserga asked if we have enough funds. Ms. Frederiksen stated that it comes out of the General Fund. She explained where event fees are going into and coming out of. There was discussion regarding the Pirate Fest. There was consensus to talk about it during the CRA meeting and bring the topic back to a Commission meeting. Vice Mayor Cruz asked for a master calendar of events for the Commissioners. Commissioner Turkin asked if there is a way to have the Commission in the loop on what happens with crime within the City. Interim City Manager Stables stated that it is feasible, and they are working on a critical events notification, so that when something happens in the City, the Commissioners will know about it. Commissioner Kelley stated that she would like to see more on the calendar, to know what is going on in the City. She said that they should not find out about something at the same time that the media is finding out. Vice Mayor Cruz asked that the departments reach out to Candace to let the Commission know if there is an event that they want the Commission to come to. Interim City Manager Stables clarified that there is communication within staff and departments. Commissioner Hay stated that he rides around his district quite a bit and asked if he would RO Page 232 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 be in violation to walk up to a Police situation or operation, identify himself, and ask what is going on. Interim City Manager Stables discouraged that behavior, because it could put someone in danger. He asked how the Commission would like to proceed with the rest of the departments. Mayor Penserga asked for clarification on the debt service bond. Ms. Frederiksen explained the debt service bond that is received from the State. Vice Mayor Cruz asked for a presentation from Human Resources. • Human Resources Julie Oldbury, Director of Human Resources and Risk Management, explained the number of employees in Human Resources and Risk Management; Proposed Budget; Highlighted Changes; and Successes, Challenges, and Initiatives. Vice Mayor Cruz asked for clarification on the positions within the department. Ms. Oldbury stated that there are two positions that are main recruiters, and other ones help in that effort. She stated that they are reclassifying some positions. Commissioner Turkin explained why it is important to do surveys, and said that it is important to give staff praise. Interim City Manager Stables asked to speak about the Fire Assessment Fees first. Commissioner Kelley asked to see what we pay in outsourcing Attorney's fees. Ms. Frederiksen stated that the City Attorney has a portion that is in the budget. Commissioner Kelley stated that she would like to not rush through things and give an opportunity for the public to come out for public comment. There was discussion on the timing of the meetings for budget workshops and marketing for the meetings. Commissioner Hay stated that the Commission should do more homework to understand the budget and ask questions ahead of time. Proposed Resolution No. R22-097- Adopt a preliminary fire assessment rate for FY 2022-23, per the Budget Workshop discussion on July 11-13, 2022. 27 Page 233 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Ms. Frederiksen spoke about the Fire Assessment Rate and the case law requirements. She explained the Fair and Reasonable Apportionment; Parcel Apportionment; Service Delivery; Cost Apportionment Based on 08/09 Calls; Exemptions; Uses of Funds; Fire Assessment; Budget Breakdown by Year; Rate Scenarios; Fire Assessment; and Net Revenue Budget Breakdown by Year. Vice Mayor Cruz stated that historically it has been about a $20 increase and now a $60 increase is being proposed. She asked what the money would be used for. Interim City Manager Stables stated that he evaluated this from a business perspective and noted that this is a direct funding source, and that not raising this over time has put us in this spot right now where he is requesting a large increase. He said that he cannot set aside enough money to cover everything that is needed. He mentioned that Station #3 is beyond its usable service life and a rebuild would be just as much as a new build. There was discussion regarding the cost for revamping the fire station. Commissioner Hay stated that this is a fee that will be around for a long time, and it does not seem like it will be sunsetted. He said that we should start calling it a tax, not an assessment. Interim City Manager Stables explained the reason why it is an assessment and not a tax. He further explained municipal finance and what can be done with it. City Attorney Cirullo continued explaining the difference between an assessment and a tax and what it could be used for. Commissioner Kelley stated that this is the highest that inflation has been, and she is struggling with asking the taxpayers to pay more money. Commissioner Turkin stated that if we decrease the millage but increase this fee, it's not a savings to tax payers. He suggested that we look at the millage rate before discussing raising this. Mayor Penserga asked for consensus on the Fire Assessment Fee. There was discussion regarding how many firetrucks have been purchased and where the funds come from. Mayor Penserga asked staff to bring back a proposal to the next Commission meeting that had no change to the Fire Assessment. City Attorney Cirullo clarified that the Commission is requesting a resolution on the Fire Assessment Fee with the current rate structure. 28 Page 234 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mayor Penserga responded yes. H. Proposed Resolution No. R22-096 - Adopt a Proposed Millage Rate of 7.8900 mills. Vice Mayor Cruz stated that she would like to see the millage rate go down but that they should be mindful of a possible recession. She suggested to lower the millage rate from 7.89 to 7.85. There was discussion on the different millage rates and the difference in revenue if with the changes in millage rate, and the different revenue sources. There was further discussion regarding the millage rate and the fire assessment fee. • Mayor Penserga suggested 7.79 • Commissioner Hay suggested 7.79 • Vice Mayor Cruz suggested 7.85 • Commissioner Kelley suggested 7.85 • Commissioner Turkin suggested 7.8 City Attorney Cirullo reminded the Commission that they cannot raise the millage during the Budget Hearing, and it can be lowered later in September. Consensus was reached on a 7.85 millage rate and the resolution will need to be changed for the next Commission meeting. Public Comment: Ernest Mignoli, 710 NE 7th Street, Unit 407, commented on the former Fire Chief being the Interim City Manager. He spoke on Commissioners receiving contributions for their election campaign. Virtual Comment: Ace Tilton Ratcliff, PO Box 696, thanked everyone and stated that she is concerned about the suggestion that certain budgets should become self-sustaining. She encouraged them to look at budget increases for arts and the Library, and to continue to look at the economics for rent, income, etc. David Katz was called upon but did not respond to speak. City Clerk De Jesus read the virtual comment into the record by Christine Roberts. Motion Commissioner Vice Mayor Cruz moved to adjourn the meeting. Commissioner Turkin 29 Page 235 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 seconded the motion. The motion passed unanimously. The meeting was adjourned at 4:26 p.m. A. Welcome — Mayor Ty Penserga Mayor Penserga called the July 13, 2022, meeting to order at 5:42 p.m. Invocation was given by Commissioner Hay, followed by the Pledge of Allegiance lead by Commissioner Hay. Roll Call Mayor Ty Penserga James Stables, Interim City Manager Vice Mayor Angela Cruz Mike Cirullo, City Attorney Commissioner Woodrow L. Hay Maylee De Jesus, City Clerk Commissioner Thomas Turkin Commissioner Aimee Kelley City Clerk De Jesus called the roll. A quorum was present. Mayor Penserga noted that Legal and Legal -related expenses were the only items left to discuss and then public comment. Motion Vice Mayor Cruz moved to approve the agenda, as amended. Commissioner Turkin seconded the motion. The motion passed unanimously. City Attorney Cirullo introduced himself and Lynn Swanson, who works in the Attorney's Office at the City. He explained his background. He spoke about the budget that is allocated to their office, including the retainer that pays for their general legal services. He explained the fund that is for litigation. Commissioner Kelley asked if these are expected costs. City Attorney Cirullo responded yes, that it is based on history. He explained the different budgeted litigation costs. Vice Mayor Cruz asked if fund 3110 includes all City Commission meetings. Attorney Cirullo confirmed that everything is covered under the retainer. Ms. Frederiksen explained the spreadsheet for the Attorney's fees. 30 Page 236 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Mayor Penserga clarified what is included in the "Other" legal expenses, such as Risk Management. Commissioner Kelley stated that she wanted to have this clarified because she wanted to see everything in its totality, and she asked for a presentation for future years. City Attorney Cirullo stated that he would be happy to work with City staff to show transparency. Mayor Penserga asked to see an example of one of the fiscal years, to see where the funds are coming from. Ms. Frederiksen explained the different funds for 2022 that are within the Attorney's fees. There was discussion regarding the red-light ticket fees, and why legal has to get involved occasionally. Ms. Oldbury explained which firms are used for different purposes, and under what accounts they are paid out of. Mayor Penserga asked how they are selected. Ms. Oldbury stated that they are on a rotational basis. She explained the expenses by account. There was discussion on why there have been increases and decreases over the years, and the trends over the years. Mayor Penserga stated that he would like a comparison to assess if we are on par with neighboring municipalities of similar size and the metrics that are looked at in terms of legal services. City Attorney Cirullo explained that there really are no metrics, but stated that they are happy to work with Human Resources to get a review together. Public Comment: Ernest Mignoli, 710 NE 7th Street, Unit 407, spoke about looking at the track record of the present law firm, how much money is being paid to them, and the settlements that the City has. 31 Page 237 of 735 Meeting Minutes City Commission Budget Workshop Meeting Boynton Beach, FL July 11-13, 2022 Virtual Comment: There were no virtual comments. Motion Commissioner Kelley moved to adjourn the meeting. Commissioner Turkin seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 6:27 p.m. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) 32 APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 238 of 735 Minutes of the City Commission Meeting Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Tuesday, August 2, 2022, at 5:00 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley Agenda Items A. Call to Order - Mayor Ty Penserga James Stables, Interim City Manager Quentin Morgan, Asst. City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 5:00 P.M. Roll Call City Clerk Maylee DeJesus called the roll. A quorum was present. Closed Door Session Pursuant to Section 286.011(8), Florida Statutes, the City Attorney requested a private attorney-client session of the City Commission to discuss the following case: CITY OF BOYNTON BEACH, a Florida municipal corporation, Plaintiff, vs. JKM BTS CAPITAL, LLC, Defendant - Palm Beach County Circuit Court Case Number: 50-2020CA012780-XXXX-MB In attendance will be the Assistant City Attorney Quentin Morgan, Special Litigation Counsel Thomas Baird, Special Litigation Counsel Joanne O'Connor, Interim City Manager Jim Stables, a Court Reporter, the Mayor and City Commission. Some participants may attend telephonically or by communications media technology (CMT). Approximately 60 minutes will be needed. Mayor Penserga called for a recess for the Closed -Door Session at 5:02 P.M. Mayor Penserga reconvened the meeting at 6:02 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Amalie Ash, First Presbyterian Church Page 239 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 Pastor Ash was unable to attend the meeting, in her absence the Invocation was given by Debbie Majors, ordained elder at the First Presbyterian Church, Boynton Beach. Pledge of Allegiance to the Flag led by Commissioner Turkin Commissioner Turkin led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Commissioner Turkin inquired about Item 13B and if there was a clerical error. He stated that he was under the impression it was the top 3 candidates and not the top 5, that would be coming forward to the next meeting. Mayor Penserga stated that the top 5 was requested but not a requirement, and that if any of the Commissioners had their top 3 already, they could bring that to the next meeting. Commission Turkin asked for updates on the SJ case, height limitation ordinance, the conceptual design for the dog park in District III and the park in Leisureville. He directed staff to look at a trespass ordinance for violation of rules of conduct for the Commission Meeting. He stated that we need to have law and order and we need accountability if the rules are not followed. Mayor Penserga stated that he is open to visiting this rule. Vice Mayor Cruz commented that there was a lot of aggression at the last meeting and she personally felt threatened, and it was unacceptable. Mayor Penserga asked the City Manager and City Attorney to look into preparing an ordinance for trespassing. Interim City Manager Stables stated that the SJ case is still under investigation and there will be no update tonight. Commissioner Hay wanted to add under Unfinished Business the discussion on the Palm Beach Sheriff's Office (PBSO) Proposal, and asked that this be moved up to after Public Audience. Mayor Penserga asked if staff is prepared to answer questions. Interim City Manager Stables responded that it depends on what the questions are. Commissioner Turkin asked if there are any PBSO representatives available to get details about the proposal. Mayor Penserga was concerned that there were no PBSO representatives at the meeting Page 240 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 to discuss the proposal. Commissioner Turkin asked for discussion when we have more details, since it will be a long conversation. Interim City Manager Stables stated that he would like to get questions from Commissioners if possible, so he could have them addressed. He spoke about how we deal with proposals and items that are received from vendors. Commissioner Hay stated that there are several speakers here in regards to this tonight, and there is a strong public interest here. Mayor Penserga stated that his hesitation is that there is no information outside of the proposal, and he believes that we can have a preliminary discussion. He added 11 B under New Business a discussion on hiring outside counsel to deal with anything pertaining to Town Square. Adoption Motion: Commissioner Turkin moved to approve the agenda as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2. Other A. Make Informational items by the Members of the City Commission. Commissioner Kelley stated that she had no disclosures. Commissioner Turkin disclosed that he spoke to Colonel Araujo and other PBSO Officers, and Boynton Beach Police Department (BBPD) Officers in regards to the proposal. Vice Mayor Cruz stated that she had no disclosures. Commissioner Hay stated that he had no disclosures. Mayor Penserga stated that he had no disclosures. 3. Announcements, Community and Special Events and Presentations - None 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) Page 241 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 Susan Oyer, 140 SE 27th Way, said no to PBSO. She stated that the City should move forward with the White Roof Project, eliminate palm trees and Norfolk Island pines, and stop selling our water to other cities. Brenda Williams, 337 NE 24th Avenue, stated that she opposes going with PBSO, and that there might be sunshine violations happening. She said that she has sent emails to all Commissioners and she has only spoken to Commissioner Hay. Harry Woodworth, 685 NE 15th, Place, spoke about waste not being picked up in his neighborhood, and wants communication on garbage pickup and limitations. He stated that there is no substance in the PBSO proposal. Cindy Falco-DeCorrado spoke about the following: the LBGTQ flag, and said that she would like to see a heterosexual flag; and the PBSO proposal, and said that we need to reform our own Police Department. She asked for the Commission to listen to the residents. Evangeline Ward spoke about the PBSO proposal, lawsuits and killings that PBSO has had. Christy Ward spoke about loopholes in the PBSO proposal. Bryce Graham spoke about the following: the SJ Case, and he demanded justice; trespassing people from the meetings; and the PBSO proposal. Bishop Bernard Wright spoke about getting a response at the end of the meeting about the SJ Case, and about the PBSO proposal. John Dames spoke about the PBSO proposal and said that the deal has already been made, but that they are just going through the protocols. He spoke about the SJ Case, and he said it would be different if it was one of the Commissioners kids. Pastor Richard Dames spoke about the PBSO proposal, and asked for townhall meetings for this merger, so that residents can speak about it. He talked about the SJ Case timeline. Dr. Piotr Blass stated that he feels like Martin Luther King is in the room. He said that there has been a terrible incident involving the Boynton Beach Police Department, but they are amongst the best in the world. He spoke about being disqualified for the election because the City Clerk was not in the office. Barbara Ready spoke about the following: voting for candidates; Commissioners listening to the residents; and about the PBSO proposal. Ernest Mignoli spoke about the following: PBSO and BBPD not being here and said that the State should take over; bias and hatred out of the City; and stated that the City secretly 4 Page 242 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 promoted the Deputy Police Chief and Fire Chief to full time. David Wiggins spoke about the PBSO proposal and said no to PBSO. He stated that the words law and order are a "dog whistle." Rae Whitely spoke about the SJ Case, and the PBSO proposal. He stated that he went to the former City Managers of cities that went to PBSO and asked them if they would do it again and they responded no, they would not do it again. Kathleen Hawkins spoke about the PBSO proposal being redundant, and about the lights in her community not being done, after a request has been put in. Irwin Cineus spoke about the following: the PBSO proposal; Boynton Beach Police Department asked for an increase in the budget at the Budget Workshops; wants justice in the SJ Case. He inquired about the process of getting back to the community about issues with the Police Department. Jordan (no last name given) spoke about the PBSO proposal and asked for referendum to the voters. Shannon Thompson, mother of Stanley Dale Davis III, spoke about what happened at the last meeting and the aggression that the Commission commented on about regarding the SJ Case, and further dividing the Community. She talked about the PBSO proposal. She stated that the Commissioners lied about being for the people. Virtual Comments: Ace Tilton -Radcliffe said that PBSO is not the answer for the City, and that we should spend the money on fixing the City. Charday Hunter said that the Commissioners need to stop with the in regards to feeling threatened, and that their anxiety level needs to be on 10 because people are tired about not hearing anything on the SJ Case. Courtlandt McQuire spoke about the following: the PBSO proposal and said just say no; the SJ Case; challenged the new Board to find someone in a leadership position and say no the PBSO; and asked to have this put to a vote. Ramona Young spoke about the following: the PBSO proposal; the Police Station and what they need for the Police Officers to be better and de -programming before going home; and that it should be a requirement for Officers to live in the community. Kenya Feelit spoke about the following: the PBSO proposal, and said that it should be put to a vote; the BBPD lawsuits; and stated that we do not need a Fireman as the City Manager. Page 243 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 Kingsley Radcliffe spoke about the following: he said no to the PBSO proposal; affordable housing and Boynton Beach not being liveable; and that the money for PBSO can be used for the community. Commissioner Hay stated that not one person has talked about saying yes to PBSO. He said that this is a big mistake and there is no advantage of accepting the proposal, and that this proposal had no substance and other municipalities wish they can go back to having their own police, but they cannot. He stated that he does not want to spend time or money with this PBSO proposal, when we can use it on the community. He motioned to stop all negotiations with PBSO. There was no second, motion failed for lack of a second. Commissioner Turkin stated that he did not second the motion because he wants to have discussion on it. Mayor Penserga stated that someone would have to second the motion so that they can have discussion on it. Commissioner Turkin seconded the motion, for discussion. He stated that his number one concern is safety, and that it has to make sense financially. He said that the resources and training are better with PBSO, but it has to make sense and has to be the will of the people. He commented that something needs to change whether we go with PBSO or not, and he asked what are we doing to retain officers. He said that he is undecided, but that the people have spoken, and said that if we do not go with the PBSO, he is going to hold the Commission accountable. Commissioner Hay stated that Sheriff Ric Bradshaw already said he is not going with body cams, and that is a show stopper, because there is no backup to show what really happened. He commented that they have to get this right, because it will affect the City for decades, and that the issues within our Police Department can be fixed. Mayor Penserga stated that he has heard what the community had to say, and he saw that the proposal did not have all of the details. He said that he wants body cameras because he wants accountability and wants to at least hear out the PBSO. He commented that the public will hear the facts. P� f5-IfC-711 Commissioner Hay motioned to stop all discussion with PBSO. In a roll call vote, the motion failed 4-1, with Mayor Penserga, Vice Mayor Cruz, Commissioner Kelley, and Commissioner Turkin dissenting. 5. Administrative A. Mr. Michael Wilson is term limited as a Board Member on the Historic Resources Preservation Board and has requested that the City Page 244 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 Commission consider his re -appointment. Motion: Commissioner Hay moved to appoint Michael Wilson to the Historic Resources Preservation Board. Commissioner Turkin seconded the motion. The motion passed unanimously. B. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Motion: Vice Mayor Cruz moved to appoint Pedro Macedo De Lima Quinto to the Education and Youth Advisory Board. Commissioner Hay seconded the motion. The motion passed unanimously. Motion: Commissioner Hay moved to appoint Commissioner Kelley seconded the motion. Margaret Newton to the Library Board. The motion passed unanimously. Motion: Commissioner Hay moved to appoint William Harper to the Planning and Development Board. Commissioner Turkin seconded the motion. The motion passed unanimously. Motion: Mayor Penserga moved to appoint Christina Charles to the Senior Advisory Board. Commissioner Kelley seconded the motion. The motion passed unanimously. 6. Consent Agenda A. Authorize utilizing the GSA contract GS-07F-173GA, previously approved on September 1, 2020, for the purchase of equipment and services for installation and configuration of Avigilon Security Camera system from Broadcast Systems in the amount of $62,156.25. B. Proposed Resolution No. R22-103- Approve and authorize the Interim City Manager to sign a First Amendment to the Grant Agreement between the City of Boynton Beach and J & I Optical, LLC. C. Proposed Resolution No. R22-104- Approve and authorize the Interim 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 4 Reel Services Inc. located at 332 W. Boynton Beach Blvd. Suite 2, Boynton Beach, FL 33435. D. Approve minutes from the July 19, 2022 City Commission Meeting. 7 Page 245 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 Motion: Vice Mayor Cruz moved to approve the consent agenda. Commissioner Kelley seconded the motion. The motion passed unanimously. 7. Consent Bids and Purchases over $100,000 A. Approve scope of work to be performed by Killebrew, Inc. of Lakeland, FL that includes pre -chlorinated pipe bursting of potable water mains on Orchid Rd., Seagrape Rd., Oleander Rd., and Washington Rd., in the amount of $593,470 plus a 10% contingency of $59,347 (if needed) for staff approval of change orders for unforeseen conditions for a total expenditure of $652,817 and approve the Utilities Capital Improvement Plan (CIP) budget adjustment of $286,948 for the proposed project. B. Re -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 Anzco, Inc. of as the lowest, responsive, responsible bidder for the total amount of $115,000. C. Approve Task Order UT -3E-04 with West Architecture + Design, LLC in the amount of$118,040.00 for the Water Quality Laboratory Improvements project at the West Water Treatment Plant in accordance with RFQ No. 046-2821-17/TP, General Consulting Services Contract, Scope Category E awarded by City Commission on August 7, 2018, renewed on August 3, 2021. D. Proposed Resolution No. R22-105 - Approve utilizing the School District of Manatee County Invitation to Bid (ITB) ID # 21 -0053 -MR and Authorize the Interim City Manager to sign an agreement with Playmore West, Inc. dba Playmore Recreational Products & Services of Fort Myers, FL for Park and Playground Equipment with the estimated cost of $300,000. The School District of Manatee County's procurement process satisfies the City's competitive bid requirements. Motion: Vice Mayor Cruz moved to approve the Consent Bids and Purchases over $100,000. Commissioner Hay seconded the motion. The motion passed unanimously. 8. Public Hearing - None 6 p.m. or as soon thereafter as the agenda permits. The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. Page 246 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 9. City Manager's Report- None 10. Unfinished Business- None 11. New Business A. Proposed Resolution No. R22-106 -Approve an Interlocal Agreement with the Town of Hypoluxo for a Septic to Sewer project to eliminate the use of septic tanks in the Town's commercial area west of the FEC Railroad. Mayor Penserga read the resolution by title. Interim City Manager Stables stated that this is will help us with water quality for the jurisdictions that we provide water to. Poonam Kalkat, Utilities Director, explained the interlocal agreement with the Town of Hypoluxo. She stated that all the money will be coming from the grants that will be coming from the Town of Hypoluxo. She discussed the following from a PowerPoint Presentation: Septic to Sewer Program; location- Hypoluxo Mall; location- Miner Road Business Park; interlocal agreement (ILA); and the project timeline & Cost. Mayor Penserga stated that he appreciates that they came to us to help with their project, and asked what is the scope of our work for our City. Dr. Kalkat stated that we are not removing the septic tanks, they are going to do that themselves, but we are providing design, construction management and construction oversite of the project. Motion Commissioner Hay moved to approve Resolution 22-106. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 11 B- Hiring another law firm to serve on matters pertaining to Town Square. Mayor Penserga stated that he requested this because he would like to look into having another pair of fresh eyes to look into the matters that have to do with Town Square. Commissioner Hay asked why does he feel that we need another pair of eyes. Mayor Penserga stated that it is not that he does not feel comfortable with our Attorneys, but we need to hire a specialist that is entirely focused on this. He asked for a general consensus if the Commission is open to looking into it, and that it is not a final decision. There was discussion regarding needing more information on hiring another Counsel, and Page 247 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 what they will be doing. Assistant City Attorney Morgan stated that the discussion should remain behind closed doors since those discussions are still going on. He stated that Attorney Baird is also working on this matter and he is not on their legal team. Mayor Penserga just wants consensus on another attorney for a co -counsel position. Commissioner Turkin stated that he can support this. Commissioner Kelley stated that she agrees but moving forward, when it comes to complex agreements, a specialized Attorney is necessary. Assistant City Attorney Morgan stated that there are no special contracts Attorneys, and he does not want the Commission to think that there is a specialist on this type of matter, so it would not be different. There was discussion regarding different types of attorneys; not making a mistake with Town Square again; and bringing back more information about the history on Town Square. There was consensus to look into hiring outside Counsel. 12. Legal- None 13. Future Agenda Items Assistant City Manager Mack stated that he would like to get clarification on some of the future agenda items. Commissioner Turkin stated that he would like to have the dog park, and the park in Leisureville, added to the budget and have it come back to the Commission. Assistant City Manager Mack stated that it was asked for those items to be brought back in the budget in September. Commissioner Turkin stated that there is land that the City owns in District 4, and he would like to look at that as a possibility for a park as well. Interim City Manager Stables stated that he would like for the Commissioner in District 4 to let him know about her opinion. Commissioner Kelley stated that she has not heard about this except for one email and said that she is fine with Commissioner Turkin directing people to her. She asked for dates to be given for these Future Agenda Items. Mayor Penserga agreed to get dates for these items. 10 Page 248 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 Vice Mayor Cruz stated a lot of the issues correlate with each other, and we have to be mindful of the budget. Commissioner Turkin commented about the parks and the outside consultant being very knowledgeable. Assistant City Manager Mack wanted direction for staff regarding the height regulations, if he wants it to be drafted in an ordinance. There was discussion regarding the options that were given at the Building Height Workshop, and drafting an ordinance. Mr. Temple stated that it was discussed that the same building height presentation will be given to Planning and Development Board as well. Assistant City Manager Mack asked for clarification on the park in Leisureville. Vice Mayor Cruz stated that she wants money in the budget for the park and to have discussion in regards to it. She said that she would like to keep this item listed on Future Agenda Items and wants the funds to come from the Park Impact Fee. Commissioner Hay stated that he received a text message that David Katz never was called on during Public Audience. Manny Mcllroy, ITS, stated that there were no additional hands up. A. Discussion on options for expenditure of CDBG Funds - August 16, 2022 B. Discussion on Commission consensus on top 3 candidates for City Manager. Each City Commissioner to prepare list of their top 5 candidates for the discussion. - August 16, 2022 C. Commission discussion on staff research of legal options to help mitigate rental prices and tenant rights, requested by Mayor Penserga. — TBD D. Discussion on the Red Light Camera Program requested by Commissioner Turkin. — TBD E. Discussion on observing Juneteenth as a City holiday, requested by Commissioner Hay. — TBD F. Local Rules and Procedures for Commission Meetings, requested by Mayor Penserga.-TBD G. Discuss a potential park in Leisureville, requested by Vice Mayor Cruz. — TBD Page 249 of 735 Meeting Minutes City Commission Meeting Boynton Beach, FL August 2, 2022 H. Research feasibility of Solar Panels on City buildings, requested by Mayor Penserga.- TBD I. Report on the status of infrastructure within the City, requested by Mayor Penserga.-TBD J. Consider a LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Vice Mayor Cruz. -TBD K. Additional homestead for low income seniors, requested by Mayor Penserga. -TBD L. Discussion on Advisory Boards providing an annual report to the City Commission, requested by Commissioner Kelley. - TBD 14. Adjournment Motion Commissioner Hay moved to adjourn the meeting. Commissioner Kelley seconded the motion. The motion passed unanimously. There being no further business to discuss, the meeting was adjourned at 8:32 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) 12 APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 250 of 735 7.A. Requested Action by Commission: Approve the purchase of site furnishings for Intracoastal Park from Victor Stanley as a sole source vendor. The estimated expenditure is $123,417.00 Explanation of Request: Park furnishings such as benches, trash cans, tables, and bike racks have a useful life. Useful life, based on staff experience, is generally about 8-10 years. High use parks or parks with salt exposure tend to have a shorter useful life. Last year, Staff evaluated the furnishings in all the parks. Each park was then prioritized to determine the order in which each park will receive the updated standard furnishings. The priorities were based upon intensity of use and the current condition of furnishings. Staff determined that Intracoastal Park had the highest priority (see Attachment 1 — Existing Furnishings at ICP). Staff also standardized the furnishings so that each park will have the same furnishings (see Attachment 2 — Selected Victor Stanley Furnishings). Victor Stanley is the sole provider of site furnishings that Staff selected. How will this affect city programs or services? Replacing damaged/outdated site furnishings will improve the overall appearance of the park. Fiscal Impact: The funds are budgeted and are available from account 303-4223-572.63-05 RP2047 for the estimated amount of $124,417.00. Alternatives: Defer the improvement to a later year or do not purchase Victor Stanley products and find alternatives. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 251 of 735 Attachments: Ty pe D Mtadl-u,ne�int DAttachirneir�t D Attachinnent Description Altachirneint 1 E)dsblinq Fuirini,,hiings, at I1C F:1 Attac[iirneint 2 SE.'IEK.tEo,d Victor Stairlley Fuirnis[iiings Atta(,,lI,iirneint 3 1 ocabon IMgp (Aerial of Ipa rk) A&,id'uneint 4 "'3)dle Source I etteir A&,id'uneint 5 Victor Stanley F.lii,-qpoE;al Page 252 of 735 Attachment 1— Intracoastal Park's end of life furnishings (tables, benches and trash cans) Page 253 of 735 VICTOR STANLEY - SITE FURNISHINGS (DEFAULT IMAGES, DIFFERENT COLOR SCHEMES AVAILABLE) CM -565 TABLE (AVAILABLE IN 6 FOOT AND 8 FOOT, ADA COMPLIANT) CM -4 TABLE (AVALIABLE IN 3 FOOT AND 4 FOOT SQUARE TOP, ADA COMPLIANT BY REMOVING SEATS) Page 254 of 735 CP -4 TABLE (AVAILABLE IN 3 FOOT AND 4 FOOT SQUARE TOP, ADA COMPLIANT BY REMOVING SEATS) F-50 BENCH WITH BACK (AVAILABLE IN 4 FOOT, 6 FOOT AND 8 FOOT) Page 255 of 735 F-53 BENCH WITH BACK (AVAILABLE IN 4 FOOT, 6 FOOT AND 8 FOOT) RTH-36 36 GALLON TRASH RECEPTACLE (DIFFERENT LID STYLES AVAILABLE, ALSO USED FOR RECYCLING DEPENDING ON COLOR SCHEME AND ADDITIONAL SIGNAGE) Page 256 of 735 January 1.4, 2021 Mr. Franky Lazo City of Boynton Beach 3301 Quantum Blvd, Boynton Beach., FL 33426 Sole Source for Victor Stanley, Inc. Green Sites & Homestead Collections Dear Mr. Lazo, Victor Stanley, Inc., is the sole source for the Green Sites Series CM -565, CM -50, CM -53, RTH-36, CM -2, CM -3, CM -4, CM -3040 and the Homestead Collection ST -5, Model 2, Model 4, CP -2, CP -3, CP -4, IP -2, IP -3, IP -4. Victor Stanley, Inc., is the manufacturer of the CM -565, CM -50, CM -53, RTH-36, CM -2, CM -3, CM -4, CM -3040, T-5, Model 2, Model 4, CP -2, CP -3, CP -4, IP -2, IP -3, and IP -4 and the only authorized source in the state of Florida. If there are any questions please contact us at 1-800-368-2573. Sincerely, Rudy Worch Technical Inside Sales Specialist Page 258 of 735 VICTOR STANLEY"' SALES QUOTE RO. Drawer 330, Dunkh-k, MD 20754 Sales Quote No: SQ119888 L800.368.2573 (USA + Canada) "1 H, 301.855.8300 P'AX 410.257.7579 Revision Number: 0 v 1(: T O R STA N 1, Ii; Y. C 0 M Sales Quote Date: 06/03/22 Sell To: City of Boynton Beach Customer No: CO23356 Jose Murray Phone No: 561-742-6000 3301 Quantum Blvd Contact Name: Suite 101 Contact Phone No: Boynton Beach, FL 33426 Terms: Pending Associate: Brittany Deavers Project Name: INTERCOASTAL PARK Project Location State: FL Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid To be determined Shipping Method: FOB Factory Boynton Beach, FL 33435 This Quote is valid for 30 days. Estimated Lead Allow 7 to 9 (weeks) Time: for Production of your order. All credit determinations are made by our Credit Department. Comments: * Orders are released into production upon receipt of signed sales/purchase order, credit determination and (where applicable) deposit, payment bond,etc. * All products must be permanently affixed to the ground. Consult your local codes for regulations. Anchor bolts NOT provided. * Common Carrier unloading is the responsibility of the receiver. * While the vast majority of our components satisfy Buy America requirements, we must know if there are Buy America requirements before the order is placed. * It is the buyer's sole responsibility to inspect shipments at the time of delivery; any damage, loss, or shortage must be noted on the signed Proof of Delivery and reported to Victor Stanley within seven (7) days. * This quote is valid for shipment within normal production time. No deferred shipping dates are accepted without prior written approval. * Benches, other seating and tables ship partially unassembled unless otherwise stated by Victor Stanley, Inc. * Victor Stanley uses common carriers. Any additional service or re -consignment charges added during shipment will be the sole responsibility of the Buyer. *These comments are intended to be part of the terms and conditions of this sales quote. QTY Model No. Description Unit Cost Total Price 13 CM -565 GreenSites Series Table withTwo Benches 2,284.00 29,692.00 CM -565 Components with Surface Mount Tabs 6 -Foot Bronze 2x4 Maple Recycled Plastic Slats 5 CM -565 GreenSites Series Table withTwo Benches 2,516.00 12,580.00 CM -565 Components with Surface Mount Tabs Many Victor Stanley, Inc. products are covered by patents inr.kiding but not limited to the following: USA Patents D458,431 S; D441,932 S: D452,160 S: D450,166 S; D445,982 S; D483,538 S: D487,177 S; D487,537 S; D487,538 S;D454,2.38 S; D476,455 8; D476,4 54 S; 0417,053; 6,339,944 BI; D385,231; 5,560,907; 5,791.047; D386,012; D376.937; D383,615;D376,271; D384,512; D523,263 S; 0532,620 S; D526,805 S. D585,793 S; D582,169 S; D578,792 S; D579,694 S. 0585,220 S; D573,766 S;D573,769 3; D553,621 S; D535,209 S; D586,144 S; D579,684 S: 0578,783 S; D581,173 S 1)581,188,S-, D563,689 S. D575,227 S; D579,685 S; D542,003 S: D561,967 S; D595,915 S; D595,016 S; D599,570 S. D601,770 S; D602,221 S; 0606, 2718 : 71S: D595,973 S: D601.823 S; D607,229 S; D609,933 5: D586,062 S; D621 295 S. Canadal 98101; 96040; 96159; 96103; 96108;110963; 110954;117181; 126714; 126322; 126323; 130714; 130717, 126317, 126318, 126319; 126320; 126321; 130652, 130653, 130715; 130716. Canada Patent 2,184,348. IlAexien Rep. Des 001871; 28182. EC 11e0 . 0es. 000475579-0001; 000503297-0001; 000762630-0001; 000961404. Other Patent(s): Pending. Page: 1 Page 259 of 735 V I C T 0 R STANLEY'", RO. Drawer 330, Dunknk, MD 20754 L800.368.2573 (USA + Canada) TH, 301.855.8300 FAX 410.257.7570 V 1CTO RSTA N 1, EY.C:OM Sell To: City of Boynton Beach Jose Murray 3301 Quantum Blvd Suite 101 Boynton Beach, FL 33426 Project Name: INTERCOASTAL PARK Project Location State: FL Ship To: Please advise To be determined Boynton Beach, FL 33435 Customer No: Phone No: Contact Name: Contact Phone No: Terms: Associate: Ship Via: Ship Freight: Shipping Method SALES QUOTE Sales Quote No: SQ119888 Revision Number: 0 Sales Quote Date: 06/03/22 CO23356 561-742-6000 Pending Brittany Deavers Contract Carrier Prepaid FOB Factory This Quote is valid for 30 days. Many Victor Stanley, Inc. products are covered by patents inrkiding but not limited to the following: USA Patents D458,431 S; D441,932 S: D452,160 S: D450,166 S; D445,982 S; D483,538 S: D487,177 S; D487,537 S; D487,538 S;D454,2.38 S; D476,455 8; D476,4 54 S; 0417,053; 6,339,944 BI; D385,231; 5,560,907; 5,791.047; D386,012; D376.937; D383,615;D376,271; D384,512; D523,263 S; 0532,620 S; D526,805 S. D585,793 S; D582,169 S; D578,792 S; D579,694 S. 0585,220 S; D573,766 S;D573,769 3; D553,621 S; D535,209 S; D586,144 S; D579,684 S: 0578,783 S; D581,173 S 0581,188,S; D563,689 S. D575,227 S; D579,685 S; D542,003 S: D561,967 S; D595,915 S; D595,016 S; D599,570 S D601,770 S; D602,221 S; 0606, 2718 : 71S: D595,973 S: D601.823 S; D607,229 S; D609,933 5: D586,062 S; D621 295 S. Canadal 98101; 96040; 96159; 96103; 96108;110963; 110954;117181; 126714; 126322; 126323; 130714; 130717, 126317, 126318, 126319; 126320; 126321; 130652, 130653, 130715; 130716. Canada Patent 2,184,348. IlAexicn Rep. Des 001871; 28182. EC 11e0 . 0es. 000475579-0001; 000503297-0001; 000762630-0001; 000961404. Other Patent(s): Pending. Please review our Standard Terms of Production on proceeding pages Sub -Total: 123,417.00 Total Sales Tax: 0.00 Total: 123,417.00 All figures are in US Dollars Page: 2 Page 260 of 735 Estimated Lead Time: All credit determinations are made by our Credit Department. Allow 7 to 9 (weeks) for Production of your order. QTY Model No. Description Unit Cost Total Price 8 -Ft Extended Table, 6 -Ft Benches ADA Compliant Bronze 2x4 Maple Recycled Plastic Slats **ADA COMPLIANT** 21 CM -50 GreenSites Series Contoured Bench 1,445.00 30,345.00 CM -50 Components 6 -Foot Bronze Surface Mount 2x4 Maple Recycled Plastic Slats 29 RTH-36 GreenSites Series 36 -Gallon Litter Receptacle 1,450.00 42,050.00 RTH-36 Components Black Plastic Liner Bronze 2x3 Maple Recycled Plastic Slats DSS -2B Rain Bonnet Lid Lid - Bronze 1 Freight 8,750.00 8,750.00 Many Victor Stanley, Inc. products are covered by patents inrkiding but not limited to the following: USA Patents D458,431 S; D441,932 S: D452,160 S: D450,166 S; D445,982 S; D483,538 S: D487,177 S; D487,537 S; D487,538 S;D454,2.38 S; D476,455 8; D476,4 54 S; 0417,053; 6,339,944 BI; D385,231; 5,560,907; 5,791.047; D386,012; D376.937; D383,615;D376,271; D384,512; D523,263 S; 0532,620 S; D526,805 S. D585,793 S; D582,169 S; D578,792 S; D579,694 S. 0585,220 S; D573,766 S;D573,769 3; D553,621 S; D535,209 S; D586,144 S; D579,684 S: 0578,783 S; D581,173 S 0581,188,S; D563,689 S. D575,227 S; D579,685 S; D542,003 S: D561,967 S; D595,915 S; D595,016 S; D599,570 S D601,770 S; D602,221 S; 0606, 2718 : 71S: D595,973 S: D601.823 S; D607,229 S; D609,933 5: D586,062 S; D621 295 S. Canadal 98101; 96040; 96159; 96103; 96108;110963; 110954;117181; 126714; 126322; 126323; 130714; 130717, 126317, 126318, 126319; 126320; 126321; 130652, 130653, 130715; 130716. Canada Patent 2,184,348. IlAexicn Rep. Des 001871; 28182. EC 11e0 . 0es. 000475579-0001; 000503297-0001; 000762630-0001; 000961404. Other Patent(s): Pending. Please review our Standard Terms of Production on proceeding pages Sub -Total: 123,417.00 Total Sales Tax: 0.00 Total: 123,417.00 All figures are in US Dollars Page: 2 Page 260 of 735 STANDARD TERMS OF PRODUCTION TAXES Prices on the specified products are exclusive of all city, state and federal excise taxes, including, without limitation, taxes on manufacture, sales, receipts, gross income, occupation, use and similar taxes. It is the responsibility of the purchaser to remit to the appropriate state or local authority all state sales tax not herein designated as well as the applicable use taxes, local taxes, permits and fees of any kind. REGULAR PAYMENT TERMS All payment terms are determined by the credit department. No order will be processed or placed into production until credit has been determined and a deposit has been received (if required). Purchaser is responsible for the timely payment of Victor Stanley's invoices within Victor Stanley's payment terms. In the unlikely event that collection activity is necessary due to the non-payment of past due invoices, Purchaser agrees that all collection charges, legal fees and interest incurred in such collection activity will be the sole responsibility of the Purchaser. CANCELLATION FEE Victor Stanley, Inc. manufactures all products to specific orders, and therefore reserves the right to charge a 30% cancellation fee if this order is canceled by the Buyer while goods are in production. DELIVERY All prices are FOB Factory unless otherwise stated by Victor Stanley Inc. in writing. INTEREST If Buyer fails to pay in accordance with the terms of this agreement, an interest charge of 1.5% per month may be added to the unpaid balance. ATTORNEYS'FEES In the event that the Buyer fails to timely pay for the goods in accordance with the terms of this agreement or is otherwise in breach of its obligations to Victor Stanley, Inc., Buyer agrees to pay to Victor Stanley, Inc. the cost of collection, including its reasonable attorney's fees and suit costs. DELAYS Our lead time is an estimate only and Victor Stanley, Inc. is not responsible for any delays in our previously quoted or estimated shipping time. Victor Stanley, Inc. will not be liable for any damages, whether direct, indirect or consequential, associated with any delay in the performance of orders or contracts, or in the delivery or shipment of goods, or for any damages suffered by Buyer by reason of such delay. This also applies to any such delay, directly or indirectly, caused by, or in any manner arises from, production delays, fires, floods, accidents, civil unrest, acts of God, war, governmental interference or embargoes, strikes, labor difficulties, shortage of labor, fuel, power, materials, or supplies, transportation delays, or any other cause or causes (whether or not similar in nature to any of these herein before specified). NONCONFORMITY All products made by Victor Stanley, Inc. are inspected before shipment, and should any of such materials prove defective due to faults in manufacture, or fail to meet the written specifications accepted by Victor Stanley, Inc., Buyer shall not return the goods, but notify Victor Stanley, Inc. immediately, stating full particulars in support of claim, and Victor Stanley, Inc. will either replace goods upon return of the defective or unsatisfactory material or adjust the matter fairly and promptly, but under no circumstances shall Victor Stanley, Inc. be liable for consequential or other damages, losses, or expenses in connection with or by reason of the use of or inability to use materials purchased for any reason. LIMITED WARRANTY We warrant to the original purchaser the goods manufactured by us to be free from defects in material and workmanship for one year under normal use and service. Our obligation under this warranty shall be limited to the repair or exchange of any part or parts which may thus prove defective under normal use and service within one year from date of delivery, and which our examination shall disclose to our satisfaction to be defective. This warranty expressly excludes acts of misuse, vandalism or freight damage. Ductile Iron castings include a 10 -year limited warranty against breakage. THIS WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON OUR PART. CONDITIONS All orders or contracts are accepted with the understanding that they are subject to Victor Stanley, Inc.'s ability to obtain the necessary raw materials, and all orders or contracts as well as shipments applicable thereto are subject to Victor Stanley, Inc.'s current manufacturing schedules, and government regulations, orders, directives, and restrictions that may be in effect from time to time. CONTROLLING PROVISIONS These terms and conditions shall supersede all provisions, terms and conditions contained on any confirmation order, or other prior or future writing by or to Buyer, and the rights of the parties shall be governed exclusively by the provisions, terms and conditions in this Sales Order. Victor Stanley, Inc. makes no representations or warranties concerning this order except such as are expressly contained herein, and this Sales Order or its terms may not be changed or modified without the signed written agreement of an authorized representative of Victor Stanley, Inc. CONTROLLING LAW AND VENUE This Agreement shall be governed by and construed according to the laws of Maryland, without giving effect to its choice of law principles. The parties agree that all actions and proceedings arising out of or relating directly or indirectly to this Sales Order or any ancillary agreement or any other related obligation, including any action on any bond, shall be litigated solely and exclusively in the state or federal courts located in Maryland, and that such courts are convenient forums. Each party hereby submits to the personal jurisdiction of such courts for purposes of any such actions or proceedings. SHIPPING CLAIMS It is the sole responsibility of the Buyer to inspect all shipments at the time of receipt, both by comparing the number of packages received to the number outlined on the Bill of Lading, and by inspecting the packaging for damage. Damage, loss, or shortage must be noted on the signed Proof of Delivery prior to the departure of the delivery driver, and must be reported to Victor Stanley, Inc. within seven (7) days. Replacement cannot be guaranteed for damage, loss, or shortage not clearly noted on delivery paperwork and promptly reported to Victor Stanley, Inc. This includes damage to materials that will be stored for later use. Page 261 of 735 7.B. Requested Action by Commission: Approve an increase in the estimated annual expenditure for the Bid for Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater from $500,000 to $2,000,000 for the period of May 8, 2022 to May 7, 2023. Explanation of Request: On April 5, 2022, the City Commission approved a one (1) year extension for Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater, Bid No. 019-2821-19/IT for the renewal term of May 8, 2022 to May 7, 2023 with an annual estimated expenditure of $500,000. Two (2) vendors are approved as part of the Bid: Madsen Barr Corporation and Johnson -Davis, Inc. and will be completing work under an executed purchase order with the City's contractual terms and conditions. Since that time, Utilities has completed two recent repair projects for unforeseen emergencies that exceeded the estimated annual expenditure of $500,000: Sanitary sewer repair at Boynton Beach Boulevard and Lawrence Road - $810,000.00, Johnson Davis, I nc. Force main repair and air release valve (ARV) replacement at SW 3rd Street and SW 13th Avenue - $253,221.25, Madsen Barr Corporation. Due to the cost of the recent repairs, Utilities is requesting an increase in the approved annual expenditure from $500,000 to $2,000,000 to process payments for the repairs and provide adequate remaining budget for additional unforeseen emergencies until May 2023, if needed. How will this affect city programs or services? Approval of the increase in annual expenditure will allow Utilities to respond to emergency repairs in a timely manner utilizing the existing Bid for Repairs and Emergency Services. Fiscal Impact: Funds are available in the Utilities Operating and CI P budgets. Alternatives: Do not approve the increase in annual expenditure. Strategic Plan: Public Health and Safety Strategic Plan Application: Addressing the emergencies in a timely manner avoids water loss, property and roadway damage, sewer spills and protects public health and safety. Climate Action Application: Page 262 of 735 Is this a grant? Grant Amount: Attachments: Type Description D QUOI(�C, Jol'insoin I )av�is quole D Madsen Bairr quote D 4. n'. FRepairs and E.::.::iiTieirgeincy SenAces Bid 019 2821 19 1 T D Addeind..jirn Bid Tabulation Sl,)eeir 019 2821 1 ) IIT D Addeind..jim Madsen Bairir Bid 019 2821 19 I1 T D Adderx:h.jirn Jdl,iinsoin J...�avis Bid 019 2821 .19 i T D Adckiinduirn Request F::bir I....Nd Exteinsioin 019 2821 19 1 T'.......04 05'°22 D Adderd,.jirn FR(..�inewal IIIrnteirest I ett�ir Mads(,,,in IBarlr Corporation 019 2821 19 1 T 04 05 22 D Addeinduirn Rn" inn' wal II interest III...)a\\�s II Ir1c, 019 2821 19 I1 T 04...05 22 DAttachirneir�t lincire�ase lin Anirwal ExpeindH uire foir FRepairs aind ElMiergeincy Seinkes Pireseintation Page 263 of 735 -------------------------------------------------------------------------------------------------------------------------- O O g 0 0 0 0 0 0 0 o q q O 0 0 0 0 0 0 0 0 0 0 N q O q 0 O 0 0 0 0 0 0 0 q .t1 O p p 0 0 0 0 0 0 0 u) m 0 0 0 0 0 0 0 V O 0 0 0 0 0 0 N O g 0 0 0 cp O O O O O O O M O 0 0 W Ur O O L[S O iA O M N n 0 0 0 0 0 0 G7 N N EO d' O O O SES �fS M n O to N n 0 0 0 0 0 0 0 6S 0 0 0 M N N m n m O O O M 61 d' O M O N m M O n W h O O O N to O Q � h W w _______________ _____________________________—...... ..... __.___._-..__.__.....__`._...._._._..._............................................. _...................................... 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(o T r r b* xt� o �_ U _.... .-.-.. ____. -___. ....... ........._ .. _.__......... .._...::_ j MADSEN /'BARR CORPORATION Engineering Contractors * Sewer - Water @ Drainage 7 Broward: (954) 489-773 * Palm Beach: (561) 75396363 - Fax: (561) 753-6382 E-mail: johnbarr*madsenbarr.com 40 V e" bv, it I6, q rg 24 -INCH FORCE MAIN REPAIR and ARV REPLACEMENT SCOPE of WORK: Mobilize, Notifications, MOT, Utility Locations, Dewatering, Trench Safety, Excavations, Furnish and install (2 EA.) 24"x 16" LINE STOPS, 18" BY-PASS (210 LF), 22 LF 24" DIP LOCATION: S.W. 3 RD STREET and S.W. 13 T11 AVENUE (BOYNTON BEACH) CONTRACT: CITY of BOYNTON BEACH, PROJECT # 019-2821-19/IT FURNISH and INSTALL: ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL GC -4 NON -Emergency Mobilization I LS 400,00 $ 400.00 iGC-7 Pre -During -Post Digital Photos 1 LS 415,00 $ 415.00 iGC-9 M,OTn City Arterial Roadway 4 EA. $ 745.00 $ 2,980,00 IGC -12 Density Tests 18 EST. $ 18.00 $ 324.00 iGC-13 Proctor Tests 2 EST. $ 75,00 $ 150.00 SWR -89 16 -Inch HDPE By-pass FM 0/3' Cut 210 LF $ 120.00 $ 25,200,00 SWR -99 24 -Inch Epoxy Lined DIP FM 6/8' Cut 22 LF $ 1,480.00 $ 32,560,00 �SWR-103 DIP Fittings for Wastewater FM Epoxy 3.3 TN $ 8,975.00 $ 29,61750 J SWR -104 Additional Pipe Crew Hours 24 HRS° $ 915.00 $ 21,960.00 ISWR-142 Wastewater FM 2" ARV w/Box I EA. $ 9,475.00 $ 9,475.00 iSWR-155 24 -inch Insertion Line Stop 2 Ek $ 25,990.00 $ 51,980.00 JR -1 Remove and Disposal of Concrete 536 SF $ 1935 $ 10,586.00 j e R-3 Concrete sidewalkk 6 -Inch 175 SF $ 3135 $ 5,55615 R-5 Concrete curb/gutter Type "D" 15 LF $ 120.50 $ 1,807.50 R-13 Sod restoration 500 SF $ 4.15 $ 2,075.00 R-17 Asphalt Removal and Disposal 140 SY $ 22.00 $ 3,080.00 R-19 Asphalt Overlay, ype S-111 (1") 140 SY $ 84,25 $ 11,795,00 R-20 Asphalt Type S -I Patch(l Y2") 140 SY $ 85.00 $ 11,900.00 R-28 Limerock Base 280 SY $ 53.00 $ 14,840.00 R-29 Subgrade 12 -Inch Compaction 140 SY $ 23.00 $ 3,220.00 BP -4 By-pass 24" Sewer Set Up 2 EA., $ 6,650.00 $ 13,300,00 TOTAL DUE MAOS EN/BARR COPRORATION 253,221.25 NOTES: 1.) PHOTOS ATTACKED, 2.) P.O. NUMBER PENDING Page 266 of 735 Page 267 of 735 "TA BLE OF CONTENTS BIDDING REQUIREMENTS:" PAGE .Notice to Contractors . ...... _ :: ... .. .... .. nstructions ta-Bidders :..:.:.::....:.:.:.......:... ..2 ..5. .............................. General Conditions for Construction :.:.:.......:..... ...:........ : ..6 1 . .......:......................:..:... ATTACHMENT.,!A„: THESE -ATTACHMENTS. MUST: ACCOMPANY BID SUBMITTAL IN ORDER; FOWSUBMITTAh:TO BE... CONSIDERED COMPLETE AND ACCEPTABLE ..::Bid Form;.. ::.::.:.....:........:, .........,.....:...::.:...... - . ....... .:...:......,.. ....... ......::;. 69 73 ' Acknowledgement of Addenda:. ” ... .. ........................................... 74 Bidder Acknowledgerri.ent : 75 Bidder's Qualification Statement.:.. 76-81 .. Confirrriatlon of Drug -Free Workplace -. ... 82 ............... ............. Non -Collusion Affidavit of Prime Bidder'..: .:.:..:..::.:...::..:.:..::.:.:.:. 83. Anti -Kickback Affidavit-....: . ....:.:.:.:..::.::;.,:...::..,.:..:. .. .. : 84 " Trench Safety. Act Affidavit...:: ....... .. • • .. 85 Safety Program Compliance .::.:.:.:::.:.:.. 86.. ..Warranties .. ................ :....... :.:..::....:.:.;..:.:..:::.:... .......:........ ...: Confirmation"of:Minority.Owned,Business,::..::.:.:..::.:.:.::;..::..:..:.:.:..: :., 89,: "88 Certification Pursuant to Florida STATUTE:§ 287.135::.::.::.: .. ..89 =:91 Schedule. of. Subcontractors ..:::.:..:........................:.....: .:. ..:.... .... Palm$eacfi.Count Ins ector.Generai"Acknowled emen 993 2 y p g .. .. Local Business Status"certification .:.::...:.:...:. ::..� 94 :.'Statement of. No Bid ..:.:............ ATTACHMENT " W%. . Warrantyof Title ................::..:.:..:...:. :. . W.T-1 . Insurance Advisory.Form ATTACHMENT C Special Conditions, :.::::.::.,.:::.:.:.... Sec.01000 - Sec.01800. ATTACHMENT" D . Technical Specifications;.:..::.:.;.:...:.:.::. " Sec.02082 "Sec.02960 'AT-TACHMENT E .. . SCHEDULE 'OF ,BID LINE. ITEMS WITH ,"SCENARIOS (EXCEL WORKSHEET) THIS ATTACHMENT MUST ACCOMPANY BILI SUBMITTAL IN ORDER:FORSUBMITTAL TO BE CONSIDERED, COMPLETE AND, ACCEPTABLE" When completed and executed; these documents,, along,with the Plans and Specifications,.collectively"with . applicable Power of Attorney certifications for bond agents and; Certificates of Insurance for the Contractor; forms the Contract. for this Project. . Bid No. 019.2821-19/IT Utilities = Repairs and -Emergency Services. - : " Table of Contents" 1 Page 268 of 73 Page 269.6f 735 i various types of pipe for. storm water. conveyance; and., concrete structures for:the wastewater and. storm water: systems. - $et up and: mbnitoring:of bypass pumping;. dewatering: systems;- and restoration.related to.landscaping; asphalt and concrete workmay also be requited -as needed. The work shall. be performed:at various locations throughout the City of Boynton Beach and surrounding service areas: The. foregoing . description is general in nature;. specific . scopes of : work 'Will .utilize these .bid - documents,_ .Technical Specifications, - and ..the: ::Utilities.: Engineering Design: Handbook and Construction Standards, Jandbry 2013 Edition .and can be: viewed . and/or: downloaded from the . following City's website_,.. at: the-' following . .. link: https://www:bovnton- beach.org/sites/default/files%documents%utilities/endineerin-g-handbook-design-r . bnual.pdf The Utilities.Engineerinci Design Handbook and Construction Standards,.January 2013 Edition are hereby. incorporated into .this bid document by reference.' The.:City. of. Boynton: Beach :Is seeking the :services' :of a, qualified Contractor, to: construct a. new; stormwater system, ill upgrade of:drainage inlets; upgrade existing storriiwafer conduits, and restore roadways in the project area. The scope ofwork is more clearly:defned in.the Contract Documents, Special Conditions and Terms and Conditions. for City Furnished Materials. (if. applicable), Technical Specifications and project drawings,,which. are:hereby-not listed in any order.of precedence. At the time of.the opening: of -bids,: each: bidder shall be presumed to have. inspected the siteand to have -read to -be -thoroughly familiar with the plans and -Contract Documents (including ali-addenda): Failure or omission -of any bidder to examine any form; ihstruni6nt.br document shall n.:no way relieve any bidder=from any obligation with respect.to this bid..: ATTENTION.ALL INTERESTED BIDDERS: -Co ies of. - this-- solicitation p package may : be , obtained from Qnvia :: Demandstar . at www:demandstar.com or by calling 1-8.00-71,1=17.12.. Demandstar distributes: the City's'solicitations through.electronic download.. Paper copies: of this -solicitation may be requested from,: Procurement. Services by calling (561) 742=6322: Bidders who.obtain copies of this:solicitationr from sources other: . . than www.demandstarcom.or:the City's Procurement Services may: potentially risk not -receiving. certain addendurri(s) issued:as a.:result-of the solicitation: Bidders shall submit one (1) original:(sa marked), one (1-) copy.alon -.with. one (1) electronic copy -on, a.USB.thumb drive, for aaotal of three (3) submissions of the bid. and. its -accompanying statements: Nabids may be withdrawn for a'period of.ninety:(90).d8tys after the.Bid-opening. . Bid NO.-019=2821-19/IT utilities _ Repaits and:Emergency Services. - 3 Page 270 of'735 The,low:monetary Bid will NOT in all cases be awarded.the Contract. Award:will be made.to the most responsive, responsible bidder: whose: Bid .is thea relost advantageous to the City, price and •other : ' factors considered: The City reserves the right to. reject any:and all Bids and to waive technical errors* as set forth inihe proposal. LOBBYING:/ CONE OF SILENCE: Consistent with the. requirements of. Chapter. 2,:Article-,VIII,.Lobbyist Registration, of the. Palrn Beach County-Code.of Ordinances,. Boynton.Beach-imposes a=Cone of Silence. A cone of.silence shall be imposed upon each competitive: solicitation:as ofthe.deadline:to submit the proposal, bid, :or other response and. shall- remain in.effeet until City Commission awards or:approves a..contract;. . rejects all bids :or, responses, or. otherwise takes action that: ends the 'solicitation-Whileprocess: ..: . the. cone of silence is in effect, ,no proposer. or its. agent shall directly -or. indirectly communicate with'bnyme,mber of:City Commission 'or their staff_ ; the Mariage:r; any ernployee'of Boynton.Beach. authorized to act.on behalf of: Boynton Beach in relation. to :the award of a: particular coritract - or member of the _Selection Committee in reference to the solicitation, with the exception of the: ' Purchasing Manager or. .designee.'(Section. 2-355 .of- the Palm .Beach County Code'' of Ordinances:) Failure to -abide bythis provision.mayserve as groundsfordiisqualification•foraward .- Of contract to: the.proposer: Further, anycontractentered: into in violation of the cone. of silence shall render the. transaction voidable. The.:cone of silence shall -not apply to oral communications at .any public proceeding,, including: pre-bid, conferences, .:oral presentations .before Selection Committees, contract negotiations_ during any public -meeting,: presentations -:made to the City.Commission,'and protest::hearings.. Further; the.cone_of silence shall:not:apply to.'contract_negotiations between -any:employee and the intended awardee,. any dispute resolution process following the filing of. a:protest between the. person filing the protest and_ any employee, or- any. written correspondence with Boynton .Beach as may be- permitted by the :competitive solicitation.. Additionally, the -cone of. silence shall not- apply .to any purchases rnade: in. an amount less .than -the competitive solicitation threshold set forth in the Purchasing Manual. - PUBLIC RECORDS DISCLOSURE .. Pursuant.to-•Florida Statutes §119.07, sealed Bids or Proposals•rece'ived.by the City in response to a Request for Proposal or, Invitation to Bid are exempt-from.public records disclosure requirements . Until the City. provides a notice .of decision or thirty (30) days: after the opening of the Proposals/Bids. . If the City -rejects all'Responses submittedin,:accordance with 'a, Request for:Proposal/Qualification or Invitation to Bid, and the City. concurrently provides notice of its intent to reissue the competitive . solicitation; the rejected Responses remain;exempt from public disclosure. until such time as the City: provides riotice of a decision or intended decision concerning the competitive solicitation or until the: City withdraws the reissued competitive solicitation: A Bid, Proposal; Response or reply is not exempt foe. longer than: twelve (12) months after, the initial. City notice rejecting all Bids; Proposals,, or replies:. Bid No. 019=2821-19AT Utilities _ Repairs aInd:Emergency Services 4 Page 271 of 735 Page 272 of 735 INSTRUCTIONS TO BIDDERS.:: These documents constitute the complete set of General Conditions; Specifications -and Bid Forms: All Bid, sheets and attachments;must.be executed and. submitted -in a sealed .envelope:.; DO NOT INCLUDE MORE: THAN ONE BID PER ENVELOPE.:The face of the envelope shall contain:Bidder's name; return.address, . "date andtirwof Bid:o ening , and .Bid numberand.title. Bids:not submitted on the enclosed Bid' Form shall aie ,rejected:. By submitting .a Bid; the Bidder :agrees :to, all .terms -and conditions specified ' herein. NO EXCEPTIONS TO THE TERMS AND. CONDITIONS SHALL :BE ALLOWED:: Submittal of a Bid in response to -this -invitation: to Bid - . constitutes an offer. by the: Bidder-. _ -Bids that do- not comply with -these requirements maybe rejected at -the option of the CITY.. The CITY.reserves.�the right to waive. technical defects.in any Bid. As used in this Invitation.to Bid, the words Bidder,proposer, and contractorrriay be used interchangeably; and.w.hen soused, deemed to mean Bidder:.. Evaluation of qualifications will -.be made based. upon the evaluation factors and standardstheretofore set forth in the instruction to bidders: The City -reserves the right to reject any and all proposals and to waive technical errors as -heretofore set forth. - In the event of a:court dhallengeto an award by`any bidder, damages, if any,. resulting from an improper award will -be limited. to actual _bid preparation costs incurred: by the challenging_ bidder.. By submitting,:a . bid; bidder acknowledges. this (imitation on damages and recovery. in, the event of a protestor legal.action challenging -the: award .of bid:. 1:. DEFINED TERMS: 'Te rms used in these -Instructions to .Bidders have the meanings assigned to the_ m in the Cityof'Boynton Beach,- Standard General:Conditions of the Construction Contract. " 2:. COPIES OF BID DOCUMENTS: Bid documents may be..obtained from www:d6mandgtae.com or.by. calling 1. .. -711=1712. Demandstatdistributes the..City's solicitations through:electronic .download.: Copies of: the bid documents are available through -the US Mail; -please call. Procurement Services at. . (561).742=6322,for a hard copy of:the:bid documents. Bidders who.obtain copies of.tfiissolicitation.from sources other thanwww:demandstar.com may potentially risk:not receiving.certain addenda issued'as a result: of the solicitation." . Complete sets of Bid. documents shall. be -used- in preparing Bids.:. Neither CITY nor .CONSULTANT" assumes or disclainnsany responsibility for errors or misinterpretations resulting,fromthe use of incomplete -sets of:Bid Documents: 3.. EXECUTION OF BID: Bid. must contain a. manual,signature in ink,.of.an authorized representative who has.the legal ability to: tiind.the Bidder to contractual obligations. Bid must be typed or legibly printed in ink.- Use.of erasable ink is not.permitted. All corrections made by Bidder`to any part of the:bid document:niust be initialed in.ink. . 4. NO BID -'--If not.submitting.a:Bid, respond by returning one (1).:copy of the "STATEMENT OF -NO BID" and. explain the reason by.indicating as. per:reasoris listed or in. the space provided. Repeated. failure:to quote without sufficient justification may be cause for removal of the. veridor's information from the, .City's mailing -list. . . 5.- -BID SUBMISSION:- It: is the Bidders responsibility to read and. understand the requirements of this Bid. Bids shall. be submitted to the Procurement Services. :All Bids must be accompanied,bythe Bid Security if.re cared and all, other 'required documents.. The Bid 'opening shall- be public and -the.Bid prices will be - read aloud at the City's Administrative Office located at: 3301. Qua ntu.m'Boulevard, Suite 101 Boynton Beach, Florida 33426 (unless otherwise designated) On the date and timespecified in the Invitation to Bid. All Bidders andtheir: representatives ate invited Jo attend. The.Bid opening may. be delayed at the sole discretion of the .City. Under no circumstances shall Bids .delivered after. the Bi:d`opening specified time has begun be considered. and as such,. Bids will be returned unopened. Itis.the Bidder's sole responsibility:to assure that the.Bid is delivered at the .:propertime.and place prior .to-the . Bid dead Iine.:.Offers: by facsimile, telegram or telephone are not acceptable.:A Bid.may.NOT. be altered by the. Bidderafter6 ening:of.the_Bids. The Bidder is requested to submit.one:(1).original,and one (1) copyalong with one (1) electronic copyon a USB thumb drive .copies of the bid. The: original. bid must.be manually.and duly signed-in . ink by a'.Corporate Officer, :Principal, or Partner withthe authority to bind the Bidding firm by his/her -signature.: In the case of corrections; the Biddermust-initial any .eras 0res- or alterations in ihk. All Bids must be submitted in the.English:-lariguage: All prices, terms and conditions quoted.in the submitted Bid must be expressed in U.S. Dollars; andwill be fixed and firm for acceptance for ninety (90):calendar: days from:the date of the Bid opening unless otherwise stated by-the City.:: 6. : BID'FORM::Additional copies of the Bid form may be obtained from demandstar.com: Bids must be' :submitted: on.the prescribed form; all.:blank spaces must: be-filed in as nofed; =in inkor typed :with amounts extended and totaled: Where indicated on-the-Bid: Form, items shall be: stated in, numbers.. :The estimate of -the various quantities of work or:goods: applicable-to unit price items as shown on the Bid Form is- approximate and. is intended solely to provide the basis of comparison upon which the Award of Contract-is made: Final payment shall be made on the basis of the actual quantities of each item:... ... . Irregular, Bids may .be rejected. :Irregular_. Bids. are .defined as. those containing serious, omissions, unauthorized alternative .Bids, incomplete Bids or unbalanced Bids. Failure .-to provide. all of the ..information required, to :accompany the bid, Bid_ Form_:a" d Specifications shall be considered.a serious omission, which may result in the bid. being rejected as non-conforming.. Bids by partnership must. be executed::in. thepartnership's .name .and aigned by a general. partner, his/her title:niustappear under-his/her signature: and. the official:address of. the partnership-must be. shown below the signature. - All names of persons. signing.documents mustbe:typed or printed below the signature:. The Bids shall contain :acknowledgment of receipt: of. all addenda... by submitting the Addenda ackriowledgement forni.enclosed herein. There shall be.: no binding contract until such time as .the::CITY executes; the Contract or, issued the.-. Purchase. Order as the final award of the contract*. 'The Bid: Security of other Bidder's whom the CITY: believes to :have a.reasonable Chance of receivingthe award may retained by the CITY. until the earlier of the seventh day after the effective date of the. Purchase Order or Contract; orthe ninety=first. day. after-the Bid.:Opening:. The, Bid Security furnished. by non-awarded vendors will be'returned. :Bid Security.with. Bids which are not competitive.or responsive shall be returned upon award of the. Bid. 7. QUALIFICATIONS .OF BIDDERS: The City-will only. consider-solicitation. _ responses from.*firms normally engaged in performing.the,type of work specified within.the Contract Documents. Vendor must have adequate organization, fa.ciiities; equipment, and personnel to ensure prompt and efficient service to-the City: Refer to.Special Conditions for Additional Qualifications.o :Certification Requirements (if applicable). The City reserves the right_to.inspect the facilities; equipment,.personnel and organization or to-take any other action necessary.to determine ability to perform in accordance with specifications; terms and conditions. The City will determine whether the evidence of ability to perform is satisfactory- and. reserves the. right to reject:responses where evidence or evaluation. isdetermined to. indicate Bid No. 01.9-2821-19/IT Utilities = Repairs and Emergency Services 7 Page 274 of 735 r inability to perform. The.City reserves the right to consider.a Vendor's history of any and, all types of citations and/or violations; :including those relating to suspensions; ;debarments, or environmental regulations in determining responsibility. Vendor should submit with its solicitation response a complete historyof all citations and/or violations notices. and dispositions thereof. Failure:of a Vendorto submit such information maybe grounds for term. ination. of anycontract awarded to successful Vendor. Vendor shallnotify the, City immediately of notice of anycitations or violations which they. mayreceive after the opening date and during the time of performance under:anycontract awarded to them. 8...EXAMINATION.OF BID DOCUMENTS.AND:SITE: Pursuant to Article.4 of:the.General Conditions, Bidder:must satisfy itself by personal and thorough. examination of the location of the proposed Work; Bid Documents; :requirements of: the, Work.; and the accuracy .of the estimate .for the quantities ofahe. . Work to'be:done.. Following; such examination; Bidder. shall not at any.time:after the -submission of a Bid, dispute_or complain of,such estimate the nature of the amount of Work to be done.: By -submission of .its Bid, Bidder certifies and affirms that it. has at its own expense conducted any additional examinations, investigations, explorations, tests, and studies; and obtained any additional information and data which pertains :to the physical. conditions (surface, subsurface, and Underground utilities) at or contiguous. to, the: site or otherwise; prior to bidding which may affect cost, progress, or performance of the Work and which Bidderdeenis necessaryto deterrhine its Bid price. In addition the. Bidder further affirms that.,they have familiarized.themselves with other term sand conditions -of the. Bid Documents and/or satisfied.. itself with respect to, such conditions: and shall make no claims against the. CITY. or the CONSULTANT if while carrying out the Work, Bidder finds. that the actual conditions do not conform. to those: indicated: Bidder shall bear the cost of modifying the Project to.accommodate such conditions. On request, the.CITY will provide :Bidder access.to the site to, conduct such investigations and tests, as Bidder deems necessary for submission of its,Bid. Bidder shall schedule such access in advance with.the CITY: -Upon completion. of such. additional .field investigations and tests, Bidder shall -completely restore any - and. all disturbed areas of the -Bidders expense: - - 9.. -CONTRACT SECURITY/INSURANCE: When required .by: the specification herein..the,successful Bidder: shall furnish along with the :executed construction contract and/or Purchase Order, a Performance and: Payment Bond,: and/or Warranty Bond,, and insurance certificates asstated in this solicitation,:on the-CITY's forms, within. ten_ (1.0) calendar days of.receipt of the contract documents for execution: Successful Bidder is: required ,to record the.:Bonds in the public. records -of :Palm Beach County, Florida and provide: the Bond. nurnberon: the . Performance. and Payment Bond'Form :provided .herein:. Failure to furnish the. required Bohds.as stated and within the time specified maybe cause.for. 'rejection of the Bid'.and:any bid de.posit:may be retained by the CITY as liquidated. damages. and not as a penalty.. Such sum shall. be a fair estimate of the amount of damages the CITY Would sustain due to Bidder's failure to furnish:such Bonds. The:_ Performance and Payment. Bonds. shall remain in.effectfor one (1)..year after -:completion and acceptance of the Work with liability -equal .to 25% of the contract price. 10.. SIGNING OF CONTRACT: The Award Letter will .be presented to the a Successful :Bidder. Within. ten: (10) calendar daysafter issuance -of the award letter ;'he successful Bidder Shall .sign :and deliver the Construction Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of -such. documents, the Construction Contract will be.executed.-Within. thirty (30) calendar days.thereafter; Such.. documents', shall deliver.6 fully.signed and -executed Contract to the successful. Bidder. At times a purchase order -Will be issued in of a contract.agreernent. 11.- BIDS TO REMAIN OPEN:- All Bids shall remain. open for the required number of days afterthe date of the. Bid -opening stated in.the special provisions, or_if no such number of days is stated, all. Bids shalt remain open for ninety (90) days after the date of the. Bid opening prior to award:' The .CITY may, in its sole discretion, -release any Bid and return the Sid:Security priorto.that start date. 12:.:M6DIFICATIONS OF:BIDS: Bids may be modified by an appropriate document duly executed -(in -the same manner that the Bid must: be executed) and delivered.to the.place.:where the .Bids, are to be Bid No. 019-2821-19AT Utilities = Repairs and Emergendy EmergencyServices 8 Page 275 of 735 submitted:at.any:time prior.to the solicitationclosing,date' .and. time:,. The -Bidder. must present certification;to assure-thatthey are indeed an authorized representative.of the Bidder's firm at the time modification to the Bid.is presented.. 13.. WITHDRAWAL OF BIDS: All Bids shall be irrevocable unless the Bid is withdrawn as provided herein. - All Bids may be withdrawn : only by written: communication: delivered to the Procurement Services Division prior to.ahe solicitation closing date and time. The Bidder, must presentcertification-to assure. that. they are an authorized representative of the Bidder's firm 'at the time such: communication to. Withdraw the Bid is presented. A CITY representative shall verify this information prior:to. return of the -Bid. However, if within twenty-four (24.) hours.after Bids are. opened; any Bidder files- a.duly signed; written . -notice-with, the CITY and promptly thereafter provides detailed information'to substantiate to. the CITY that:there waS a material and substantial mistake: in the. pre pa ration. of its. Bid, Bidder mayWithdraw-its : Bid;.. andthe Bid Security will be returned.: The Bidder must present certification to. assure .that the Bidder is an authori2ed. representative of the Bidder's firm at the.time such :communication to withdraw the Bid -is.presented. A -CITY representative shall. verify, this information. prior to return of the Bid and Bid Security. Thereafter'. that. Bidder will be disqualified from further bidding on the Work to be. provided. -under.the:Bid Documents.: 14.: DETERMINATION. OF AWARD: Except where: fhe City exercises the r'ight.reserved herein: to reject any or all bids and subject: to the restrictions stated hereinabove; the Contract shall be.awarded. by the: City: to the responsible Vendor who: has submitted either the lowest responsive bid, or the lowest responsive.bid on the: base bid including such alternates/optional-items as City determines to be in its . own best interests;.and :application of any preferences;.as applicable: 15. RIGHTS QF THE CITY: The -CITY expressly reserves if in its best interest.to include but not -limited to: ➢ .Waive as. an informality; minor deviations from - specifications..at a .lower price than the most responsive, responsible -Bidder; ➢ Waive any. defect,.irregularity or informality.inany Bid.or Bidding procedure;,: ➢ .Reject or cancel lany orall bids; -. ➢ Extend the bid deadline time and date; Accept any Bid or combination of Bid alternates that in the CITY's.judgment shall serve the CITY's best interest;.. .. ➢ Make. multiple.awards;. . ➢. -Disregard all:: nonconforming, non -:responsive,., unbalanced; :or. conditional :Bids or .counter proposals. ➢ . Request.additional.quantities:of.the. Bid. product.or services at the prices bid -in the solicitation with pxception.if specifically noted; "BID IS FOR SPECIFIED QUAN.TITY,ONLY"; decrease'the quantity ..1.1. specified in the.Invitation to Bid, or completely eliminate any items of the Work..listed in the Bid Form in order that:the Work canbe.completed within the amount of available funds; ➢ Consider and accept -an alternate Bid as provided herein when most advantageous to the CITY. 16.. REJECTION OF BIDS:: The CITY. reserves 'the - right to reject any. or all 'Bids, to waive technical errors, to,:accept:a portion of any Bids that are deemed to: be the most advantageous to the CITY. In determining the "most advantageous, Bid"; price,: quantifiable:factors, and other factors are considered. Such.factors include, but are not limited to .specifications; :delivery requirements; purchase price; life expectancy; cost: of maintenance,:arid .operations;.:6 erating efficiency, .training requirements; -disposal value;. and other matters contributing .to the over acquisition. cost of an. item.: *Considerations may be glven,,but &e.not necessarily limited to conformity to.the: specifications includingtimely delivery; product warranty; pr Bidder's proposed -service;. ability #o -supply and provide service; -delivery to .required schedules andpast. performances in other contracts with the CITY orother governmental entities. In an effort to. .efficiently advance the. submitted Bids for administrative review,, the CITY reserves the. right to reject all but the three (3) lowest Bids when -evaluating the submitted Bids. Bid No. 019-2821-19/IT Utilities= Re airs and Emer-gency Services 9 Page 276 of 735 17. BID TABULATION: Bid tabulations shall. be provided upon, request to ,Procurement Services. Pursuant to Florida. Statute 119, sealed Bids or.Proposals received by an,agency pursuant to Invitation to Bid or, Request for Proposals are exempt from public records .disclosure until such time as. the agency. provides notice of a ,decision . or intended decision; or within thirty. (30) days after bid/proposal opening/closing; whichever is earlier. 18.; PRICES:, Bid ,prices shall. be fixed and -firm to -:the exterit required under. -Special :Conditions. In the absence of`a reference .in the Special, Conditions, Bid prices shall.be so.fixed:and firm for a period of ninety (9Q)' calendar days:: Prices .must: be submitted as outlined .in -the: bid :specifications...Generally the price mu be submitted in units 'of quantitywhereby both unit price and. extended total shall be submitted:: In case of discrepancy in computing ,the amount of. the Bid,. the ,Unit. Price .quoted shall govern.: All prices shall.be F.O.B. destination, freight pre -paid (unless otherwise statedin the Special Conditions)'. Award; if made, shall. be in accordancewith.the terms.and conditions stated. herein:. Each _item must be Bid separately: and.no attempt is to be.made to tie any item or items in with any other item or items. _ Payment, shall be made only. after installation and acceptance for materials/services.--Cash discounts. may be offered for.prompt payment;- however;..such discounts -shall n.ot be considered- in determining the lowest net cost for bid evaluation. All payments shall be governed.by the Local Government Prompt.PaymentAct; F. S. §:21$,, 19. DELIVERY: .If.required by the CITY, all: items shall 'be :delivered F..O.B.. Destination :to a specific address. All delivery:costs:and charges must beincluded, in the Bid .'price'.. The CITY reserves the right. . to cancel orders.or.any part.thereof. without obligation, if the d:elivery.is not made at the -time specified in the Bid: 20.. MISTAKES:: Bidders arecautioned to exainine all terms; conditions,.specifications, drawings, -exhibits, addenda, .delivery instructions; Bid -prices, extensions and special. conditions pertaining to the ITB: -Failure of: the_Bidder.to examine all pertinent documents shall,not entitle the -Bidder to any, relief from the conditions imposed by. the Contract. 'in the. event of. extension error(s)-the unit price shall prevail and the Bidder.'s total offershall be corrected accordingly.: Erasures.orcorrections on Bids must -be . -initialed in ink by the:Bidder. 21. -INVOICING AND -PAYMENT: Payment for any and all,invoice(s) that may -arise as.a result of a'Contract ... . or. Purchase O.rcler 'issued pursuant#o this � Bid .Specification-: shall =minimally meet the. following conditions to. be considered: as a.'valid payment request. if progress: payments are applied for; :all invoicirig and payments :shall be as .stipulated under:the .Special Conditions section titled «Progress .Payments". All invoices. shall 4e: based upon and. submitted, With an approved Schedule of Values. Said Schedule of Values shall..also, contain a, percentage breakdown of the supplies and. services completed for which payment is requested in comparison to the total contract. All invoices submitted.shall consist of an original and one (1) copy and: ➢_ Contain the Bidder's Federal.Employer:Identification Number..: . Clearly reference. the subject Contract of Purchase Order 'nu.mber;: Provide sufficient.. salient, description.: to identify, the :goods or services .for which: payment is .: requested; .. Must be ah original or legible. copy of a.signed delivery receipt, inclutling both manual signature and printed_ name of a :designated CITY :employee or authorized agent; be clearly marked as ''partial", "complete", -or "final"_invoice; :The CITY shall accept partial deliveries. Timely submission, of properly, certified invoice(s) shall be in strict accordance with. the _price(s) and delivery elements as stipulated in the Contract document. The CITY's term- of payment, .unless. otherwise .stated in the Contractor Purchase Order documents. is: "Net 30 Days" after acceptance: of. goods or services and receipt ofan acceptable invoice_ as described herein.. Any other items of payment must have been previously approvedby the CITY and appear.: on the Contract or Purchase Order document.to be binding on the CITY:' Bid No. 019-2821-19/IT Utilities = Re airs and Emengency EmergencyServices 10 Page 2.77 of 735 Should the CITY return an invoice for correction, the Vendor shall resubmit a corrected. invoice to the CITY for processing. 22.. ADDENDA: From time to time,.the CITY may issue an addendum .to, change the.intent or to clarify the -meaning. of :the Contract. Documents. The :CITY reserves the right to amend this. Bid prior to Bid opening. Written addenda shall serve as the sole, means -of -clarification. The CITY shall not be responsible for oral interpretations given by any:CI:TY employee or its. representative. All addenda Will be .available to.: Bidde[s . through . the ..CITY's-: e -Procurement: system, www.demandstar.com. Therefore, it is' the .Bidder's responsibility to. check -with: the. Procurement Services Division .and immediately secure all addenda before:submitting:Bids.. Each .Bidder shall . -acknowledge receipt of ALL addenda.by.notation on -the. Addenda acknowledgement Form to: be submitted With the bid.and shall.adhere to.all requirements. specified. in each:a,ddendum: prior to submission of the Bid. 23.:INTERPRETATIONS: 'To ensure.fair consideration for all..Bidders, the CITY prohibits communication to or with. any department, officer or. employee during the: solicitation process except as -otherwise -specified: If the:Bidder should be in doubt as to the meaning of any of.the Bid documents; oris of the opinion that the plans and/or specifications contain: errors; -contradictions orrreflect omissions; Bidder shall submit. -a :written request :to: the CITY's ;Procurement Services Division ;representative. identified inthe .Bid document at.the email address provided,. no, later than ten.. (10) days priorto'the Bid opening date. :Inquiries should:referencethe bid deadline date.: All Special Conditions; Drawings, and. Technical Specifications shall take precedence. over General Conditions. If there is 'a conflict between the General. Conditions, S ecial Conditions,. Technical' SpecificationsP.and Drawings; the morestringentspecification,shall apply: Refer to General Conditions, Para: 3.4; "Order of,Precedence" for more details. 24.- ..CONFLICT OF INTEREST: All Bidders:must disclose:with their Bid,.the name of.each of its employees, agents, or,relatives who are employees of the CITY..- .The Bidder represents and warrants to: the CITY that no officer,.:employee,. or agent of the.CITY has any interest either.directly or indirectly, in the business of the Bidder to be conducted hereunder. The .Bidder further represents and warrants to the CITY that it has not employed:or retained any company or. Iperson,.-other;than: a bona fide employee Working: solely.for the Bidder,_ to solicitor secure this - contract, and .that:it* has not paid,, or agreed to pay any person; company, corporation, individual,. or . Firm; 'other, than the bona fide personnel , working solely -for the- Bidder; for a. fee, commission; percentage, gift or other consideration.; contingent upon or resulting.from the award.or:making of this contract: The Bidder also acknowledges_ that ithas.not agreed as'an expressed or implied condition for_ obtaining this contract to employ or retain the services of any person, company, individual. or Firm in connection with -carrying out this contract:: It is understood and agreed.by the Bidder.that, upon the breach or. violation- of. this Section, the. CITY -shall have the right to-terminate„the contract Without liability: and at sole discretion; -and: to. deduct from the- contract -price, or to otherwise recover the -full amount of such.fee, commission, percentage, gift or consideration -paid by the Bidder.- a.. idder.a.. The. Bidder -represents that, it prese ntly. has. rio: interest; either director indirect, while performing the services required by this contract, which would conflict in any manner-with..Florida Statutes... The Bidder represents that no person having any such interest shall be employed during the term of this contract,' including any. officer, employee: or agent.of the CITY. - b: . The, Bidderrepresents and warrants that it has no current contracts with any entity that would create any -conflict_ of. interest in the Bidder's ability to perform the. services required_ by this contract. Further, the Contractor represents and warrants that throughout the term.of this contract; it will not undertake any work that would create such.a conflict of interest. c. The Biddershall promptly notify the CITY in writing by certified mail or electronic mail of all potential conflicts of interest for any prospective business: association, interest -or other circumstance.. that may influence. or.appear.to influence the Bidder's judgment or quality -of services being provided. Bid No. 019-2821-19/IT Utilities- Repairs and Emer enc Services 11 Page 278 of 735 hereunder. Such written notification shall identify the prospective business association, interest or circumstance, the nature of work that the Bidder may undertake and request an opinion of the CITY as to whether the association, interest or circumstance would, in the opinion of the CITY, constitute a conflict of interest if entered into by the Bidder. If in the opinion of the CITY, the prospective business association, interest or circumstance would not constitute a conflict of interest by the Bidder, the CITY shall so state in the notification and the Bidder shall, at its option, enter into such association, interest or circumstance and it shall be deemed not in conflict of interest with respect to services provided to the CITY by the Bidder under the terms and conditions of this Contract. If the CITY determines that such potential relationship constitutes a conflict of interest, Bidder shall be in violation of its contract with the CITY if it enters into any relationship whatsoever with the prospective business. 25. BID EXEMPT: Bid items designated as CITY purchases shall not be greater than the price Bidder has provided on other public entity or state of Florida contracts to which Bidder is a party. The CITY reserves the right to Bid separately any item or service if deemed to be in the best interest of the CITY. 26. PROMOTIONAL PRICING: In addition, Bidder shall offer to the CITY, during the Contract period, any item(s) offered on a "promotional" basis from the manufacturer. It shall be the successful Bidder's responsibility to monitor such item(s) and report any that are or shall be offered at lower price. 27. CONTRACTUAL AGREEMENT: The submission of a Bid constitutes a firm offer by the Bidder. Upon acceptance by the CITY, the Procurement Services Division shall issue a notice of award and purchase order(s) and/or contract for any supplies, equipment and/or services as a result of this Bid. The Invitation to Bid and the corresponding purchase order(s) and/or contract shall constitute the complete agreement between the successful Bidder and the CITY. Unless otherwise stipulated in the Bid documents or agreed to in writing by both parties, no other contract documents shall be issued or accepted. 28. ADVERTISING: In submitting a Bid, the Bidder agrees not to use the results therefrom as a part of any commercial advertising. 29. FACILITIES: A Bidder must have at the time of the Bid opening, an operational facility or be a fully authorized agent or representative of the product Bid, and capable of producing, providing or installing the items Bid, and so certify upon request. The CITY reserves the right to inspect the Bidder's facility (ies) at any reasonable time, prior to award of the Bid, during normal business hours with prior notice, to determine that the Bidder has a bona fide place of business and is a responsible Bidder. 30. DISQUALIFICATION OF BIDDER: More than one Bid from an individual, firm, partnership, corporation, or association under the same or different names shall not be considered. All Bids shall be rejected if there is reason to believe that collusion exists between Bidders. Bids which the prices obviously are unbalanced shall be subject to review and/or rejection. Automatic disqualifiers are as follows: a. Not including an executed Bidder signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to bid due to violations listed under'ltem No.37 of the Instruction to Bidders, "Public Entity Crimes." d. Not completing the Bid Submittal Form as required. 31. SUBSTITUTE or "OR EQUAL ITEMS": The Contract, if awarded, will be on the basis of material and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute. "Or equal" item(s) of material or equipment may be furnished or used by successful Bidder if acceptable to the CITY. Application for such acceptance must be made ten (10) calendar days prior to the Bid opening date, or such application will not be considered by the CITY. The procedure for submittal of any such applications made after award of the Construction Contract by the successful Bidder for consideration by CONSULTANT is set forth in Section 6.4 of the General Conditions, which may be supplemented in the General Requirements. Page 279 of 735 32. ADJUSTMENT/CHANGES/DEVIATIONS: No adjustments, changes, or deviations shall be accepted on any item unless conditions or Specifications of a Bid expressly so provide. All adjustments, changes or deviations shall require prior written approval and shall be binding ONLY if issued though the CITY's Procurement Services Division. 33. REJECTION: The right is reserved to reject any and all Bids or to accept the one deemed by the CITY to be the most advantageous. 34. NON -COLLUSION: Bidder certifies that it has not divulged, discussed, or compared its Bid with other Bidders and has not colluded with any other Bidder or parties to a Bid whatsoever. (Note: Premiums, rebates or gratuities are not permitted with, prior to, or after any delivery of material.) Any such violation shall result in the cancellation and/or return of materials (as applicable) as being non -conforming and removal from the CITY's Bid list(s). Each Bidder shall complete the Non -Collusion Affidavit and shall submit with the Bid/Proposal. The CITY considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 35. DEFINITION OF TERMS: Terms used in the Invitation to Bid shall have the meanings assigned to them in the industry in the subject matter of the Bid, unless otherwise specified in the Bid documents. 36. PUBLIC ENTITY CRIMES: A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a Bid for a contract to provide any goods or services to a public entity, may not submit a Bid for a contract with a public entity for construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two for a period of thirty-six (36) months. 37. SCRUTINIZED COMPANIES 287.135 and 215.473: By submission of this ITB, 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. Solicitation responses of $1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists 38. TRADE SECRET: Any language contained in the Proposer's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as Page 280 of 735 public records . Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 39. PUBLIC RECORDS: Any material submitted in response to this Invitation to Bid shall become a public record pursuant to Florida Statutes § 119.07. This includes material that the responding Bidder might consider to be confidential or a trade secret. Any claim of confidentiality is waived upon submission, effective after opening of Bids pursuant to Chapter 119, Florida Statutes. However, certain exemptions to the public records law are statutorily provided for in Florida Statutes § 119.07. If the Bidder believes any of the information contained in its Bid response is exempt from the Public Records Law, then the Bidder must specifically identify in the response, the material(s) which is deemed exempt and cite the legal authority for such exemption. The CITY's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the CITY and the CITY's officers, employees, and agents against any loss or damages by any person or entity as a result of the CITY's treatment of records as public record. 40. ANTI -KICKBACK AFFIDAVIT: Bidders are required to complete the Anti -Kickback Affidavit Form enclosed herein, attesting that no member of their firm has been engaged in any activity resulting in payment for actions such as: commission, kickback, or reward for gift. The CITY considers the failure of the Bidder to submit this document to be a major irregularity, and may be cause for rejection of the proposal. 41. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the CITY of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the CITY does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Bidder shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal. 42. ANTI -DISCRIMINATION: The Bidder certifies that it is in compliance with the non-discrimination laws relative to equal employment opportunity for all persons without regard to race, color, religion, sex, or national origin. The provisions of the American Disabilities Act of 1990 pertaining to employment shall also be applicable. As defined by Chapter 760, Florida Statutes, the Bidder shall not discriminate on the basis of race, color, religion, sex, sexual orientation, national origin, age, handicap or marital status in the solicitation, selection, hiring, or treatment of subcontractors, vendors, suppliers, or commercial customers. Bidder shall provide equal opportunity for sub -contractors to participate in all of its public and private sector subcontracting opportunities. Bidder understands and agrees that violation of this clause is a material breach of the contact and may result in contract termination, debarment, or other sanctions. 43. ANNUAL APPROPRIATION: This agreement shall remain in full force and effect only as long as the expenditures provided for in the agreement have been appropriated by the City commission of the CITY of Boynton Beach in the annual budget for each fiscal year of this agreement, and is subject to termination at any time based on lack of funding. 44. COST OF BID: Costs, either direct or indirect, incurred by the Bidder in the preparation, delivery, or for any other reason associated with the submittal of this Bid is solely the responsibility of the Bidder and not the CITY, and shall not to be charged to the CITY. 45. LICENSES AND PERMITS: It shall be the responsibility of the successful Bidder to obtain all licenses and permits, if required, to complete the services at no additional cost to the CITY. Licenses and permits shall be readily available for review by the Director of Financial Services and City inspectors. Page 281 of 735 46. SAMPLES AND DEMONSTRATIONS: When requested, samples are to be furnished free of charge to the CITY. If a sample is requested, it must be delivered within ten (10) days of the request, unless otherwise stated in the Bid. Each sample must be marked with the Bidder's name and manufacturer's brand name. The CITY will not be responsible for returning samples. The CITY may request a full demonstration of any product or service before the award of a contract. All demonstrations will be done at the expense of the Bidder. 47. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the CITY shall be final and binding upon both parties. 48. ASSIGNMENT: The successful Bidder shall not subcontract, assign, transfer, convey, sublet, or otherwise dispose of the contract, or of any or all of its rights, title, or interest therein, or its power to execute such contract to any person, firm, or corporation without prior written consent to the CITY. 49. SUBCONTRACTING: If a Bidder subcontracts any portion of the resultant contract for any reason; the Bidder must state the name and address of the subcontractor, the name and address of the person(s) to be contacted, type of work to be performed, dollar amount and percentage of the contract amount to be shared on the "Schedule of Subcontracting" form. The CITY reserves the right to reject any subcontractor who has previously failed in the proper performance of an award or failed to deliver on- time contracts in a similar nature. The CITY reserves the right to inspect all facilities of any subcontractor in order to make a determination as to the foregoing. The subcontractor shall be equally responsible for meeting all requirements specified in the Invitation to Bid and contract documents. 50. UNBALANCED BID: Bids that are judged to be mathematically or materially unbalanced shall be cause for the Bid to be rejected as non-responsive. 51. MODIFICATIONS AS EXCEPTIONS: Incorporation in a Bid submittal on exceptions to any portion(s) of the Contract documents herein may invalidate the Bid. Exceptions to the Technical and Special Conditions may be considered and shall be clearly and specifically noted in the Bidder's proposal on a separate sheet marked, "EXCEPTIONS TO THE SPECIFICATIONS" whereby said sheet shall be attached to the Bid. The use of Bidder's standard forms or the inclusion of manufacturer's printed documents shall not be construed as an exception to the Contract documents. 52. SALES TAX: All materials and supplies necessary for completion of this contract are subject to Florida Sales and Use Tax in accordance with Florida Statutes. 53. DIRECT OWNER PURCHASES: The CITY reserves the right to issue purchase orders for materials to either the Contractor's or the CITY'S suppliers for construction/public works related materials. 54. INDEMNIFICATION: The Bid shall include in its price, the sum of $25.00 in consideration for the indemnification provision, as referenced in Section 6.16 of the General Conditions. 55. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, state, and local laws, ordinances, rules and regulations that in any manner affect the agreement, the project, the equipment and the services provided to the CITY. Ignorance on the part of the Bidder will in no way relieve the Bidder of responsibility to adhere to such regulations. 56. RECORDS/AUDITS: The Successful Bidder shall maintain during the terms of the contract all books, reports and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The Successful Bidder agrees to make available to the CITY's auditor, during normal business hours and in Miami -Dade, Broward and Palm Beach counties, all books of account, reports and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. Page 282 of 735 57. PALM BEACH COUNTY INSPECTOR GENERAL: The Successful Bidder shall be aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation and in furtherance thereof, may demand and obtain records and testimony from the Successful Bidder and its subcontractors and lower tier subcontractors. The Successful Bidder understand and agrees that in addition to all other remedies and consequences provided by law, the failure of the Successful Bidder or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the CITY to be a material breach of this Contract justifying its termination. Each Bidder shall complete the Palm Beach County Inspector General Acknowledgement Form and shall submit this form with the Bid/Proposal. The CITY considers the failure of the Contractor to submit this document to be a major irregularity, and may be cause for rejection of the Proposal. 58. FLORIDA'S PUBLIC RECORDS LAW: The City is a public agency subject to Chapter 119, Florida Statues. 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, Florida Statute or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the City; and, D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession. All records stored electronically by Contractor must be provided to the City, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE 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 (CITY CLERK) 3301 QUANTUM BOULEVARD SUITE 101 1 BOYNTONFLORIDA, 561-742-6061. PYLEJ@BBFL.US 59. PROJECT MANAGEMENT REQUIREMENTS: A. This project will utilize an internet-based project management tool called e -Builder EnterpriseTM. This internet-based application is a collaboration tool, which will allow all project team members continuous access through the Internet to important project data as well as up to the minute decision and approval status information. Page 283 of 735 B. Contractor and Subcontractors shall conduct Project controls, outlined by the Owner, and Engineer, utilizing e-BuiNerEnteqprise/w. Noadditional software will herequired. The Owner and Engineer will assist the Contractor inproviding training totheir personnel. C. Contractor shall have the responsibility for visiting the Project web site on a daily basis, and as necessary to be kept fully appraised of Project developments, for correspondence, assigned tasks and other matters that transpire on the site. These may include butane not limited to: Contracts, Contract Exhibitn, Contract Amendments, Drawing |omuanoeo. Addenda, Bulletins, Punniba. Insurance & Bonds, Safety Program Pnouaduneo, Safety Notices, Accident Reports, Personnel Injury Reports, Sohodu|eu, Site LoginUno, Pnugneeo Raporto, Daily Logs, Non -Conformance Notices, Quality Control Notices, Punch Lists, Meeting Minutes, Requests for Information, Submittal Pooka0eo, Substitution Raquouta, Monthly Payment Request Applications, Supplemental Instructions, Change Order Requests, Change Orders, and the like. All supporting data including but not limited to shop drawings, product data sheets, manufacturer data sheetsand instructions, method statements, safety MSDS sheets, Substitution Requests and the like will be submitted in digital format via e-BuilderEnbarphserw. 60. In addition to the standard closeout submittal requirements detailed elsewhere inthe Contract Documents, the Contractor and Subcontractors shall also submit all closeout documents including all "As -Built Drewings", oababm cuts and Owner's Operation and Maintenance manuals indigital format. All documents (including as -built drawings) shall be converted or scanned into the Abode Acrobat (.PDF) file format and uploaded to e -Builder Enbarphoe7w. The As -Built Drawings shall also besubmitted |nAutoCAD (.DVVG)format. 61. e -Builder EnterpriseTM is comprehensive Project and Program Management system that the City ofBoynton Beach Utilities will be implementing for managing documents, communications and costs between the Contractor, Eng|naar, and Owner. a' Bui|derEnterphoormino|udeoextanoiveneportingnapabi|iUeatnhsni|itohedatoi|odpnojectnepnrtingina web -based environment that isaccessible tuall parties and easy tnuse. ° e -Builder EnterpriSeTM system includes o onntnd database that maintains all project information and manages project communications amongst team members. = provides electronic nnutoblecommunication forms ihat provide historical tracking, documentation, and increased accountability of projectmembers. • Calendars: Meetings will be scheduled and maintained centrally one-Bui|derEnbarprise7m • Reporting: All ofthe project andprognamdaba|nc|udingdooumenba.mommun|uationmandoostm are accessible through integrated online reports. These reporting tools are completely configurable byeach user. All reports can beexported tnExcel for added flexibility. 62. E -BUILDER LICENSING REQUIREMENTS: e -Builder Enterprise TM User Licenses: Each user license is for access to the web site consisting of unlimited data storage. Users can be direct employees of the Contractor, Engineer, and Owner. Each user license includes full 000aua to e -Builder EnterpriseTM including all of the documents and reports mentioned above. Furthermore, each user license provides the e -Builder software as a service (SaS) including: ° All hosdnQ, operation, maintenance and data backup of the e -Builder EnterpriseTm software and documents which are maintained in sbahe'of-the'ert data centers located throughout the United States. • Ouarterly*+Bu||der EnterpriseTM software enhancements m Unlimited phone, email and web based support 24 -hours: Page 284 of 735 The City cfBoynton Beach has one-Bui|der EnterpriseTm License and will provide the selected General Contractor with a limited number of user licenses for the duration of the project. The City of Boynton Beach will provide basic training for these users; additional training may be procured directly from a-Bui|derdirectly at the contractors own cost. 63. LOCAL BUSINESS PREFERENCE The City ofBoynton Beach Administrative Policy No. 1Oj8.O1provides for alocal business preference. "For all acquisitions made pursuanttoSealed Competitive Bid, as providedinSec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder, |nrevenue generating contracts where award, |fany, |stnbemade tothe bidder returning the highest amount to the C|h/' the same preference set forth herein shall be applied with respect tothe highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form edthe time of bid submittal will result in the bidder being found ineligible for the |nms| business preference for this THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 285 of 735 k \ § E LU ( � ;!f J4 LO q � 0 Q o q m O E � 76 ! !2 5E co } \! \ \ \2 �\ LU 0 \ 7)j §2 \ § \ zf @ _ \ w1 )§ - \ § \ \/ !3 \\ -_ /\ ) - \ -� /2 - \\ 00 /\ W) �: \/ ; } _ \ - \ / § - / \ , / J4 LO q � 0 Q o q m O E � amVml. 'Ag AW ��G�IT���C��Ff'`�C)l�:�l'C)N BEAC��H�� P P -IRS" A.4D"E MERG E N CY SERVICE, 10"Ni WATER DIST FOR RIBUT LLECTIO, N NAD", T. ATER, C 0, STC WATER UTILITY SYSTE" BID 0.0 2821-1911T "p a I MI. CITY -HALL 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FL 33426 BID DUE DATE: APRIL 1, 2019 NO LATER THAN 2:30 P. M. Page 287 of 735 A TTA CHMENT `A' THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY BID SUBMITTAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 68 Page 288 of 735 REPAIRS AN0EMRGENCY SERVICES FOR WATER DISTRIBUTION; WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID No. 619-2821-19/IT The City of Boynton Beach is seeking the services ofaqualified Contractor for general repairs made to the City's Water Distribution, Wastewater Collection and Storm Water Systems on an 'as needed basis.' The scope generally consists ofemergency repairs tovarious sizes ofC-90Opipe for gravity sewer main; ductile iron pipe for force main. and water distribution lines; various types of pipe for storm water conveyance; and concrete structures for wastewater and storm water systems. Set up and monitoring of bypass pumping; dewatering systems; and restoration related to landscaping, asphalt and concrete work may also be required as needed. The work shall be performed at various locations throughout the City of Boynton Beach and extended service un*ao. Submit one (1)original, one (1) copy along with one (1 ) electronic copy on a USB thumb drive of this form to: City of Boynton Beach Florida, Procurement Services, 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Submitted By: '~r--~___- —P-Vapiz— (BIDDER) ( :2\����" To furnish and deliver all materials and toduand perform all WORK |naccordance with the Bid Documents, as follows: In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects ofsimilar scope and complexity over t6epast five (5)years, i1nthe State ofFlorida, and must be able to document the required experience upon request. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to respond to. requestsby the City for | d emergencyservices onanosneeded basis and toperform and furnish all WORK as specified at time of need. The undersignedB|ODERunderstandsthcdPurchaoeOrdar(o) will beissued based omBid prices submitted in responsetoU)isBkd. 3. This 8k1 will remain subject to acceptance for ninety (QO) days after the day ofBid opening. BIDDER will sign and submit the necessary documents required bythe CITY within ten (1U)days after the date of CITY's Award Letter. 4. In submitting this Bid, BIDDER represents, as mote fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, indudingthehd|owinAoddenda: Number Date Number Date 1410-L 51 [��( 1o) .- THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL |NORDER FOR BID PACKAGE TO BE CdNSIIDIER�D COMPLETE AND ACCEPTABLE Bid No. 019-2821-.19/IT Utilities Repairs and Emergency Semiwav 69 Page 289 of 735 Receipt of all of which is hereby acknowledged; b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 5. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the lump sum listed below. The Bid Prices quoted have been checked and certified to be correct. Such -Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 6. BIDDER agrees that the WORK will be substantially completed within _120 consecutive calendar days after the receipt of the Notice to Proceed and final completion will occur within _30— consecutive calendar days after the Notice of Substantial Completion. 7. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the WORK on time. 8. Communications concerning this Bid shall be as follows: Contact Person Business Address >(,8&,j MoLINI D R� r City, State, Zip Code \>j�—LL_jtj&-rZ)Q 4=-L_. ?7-:�%ZLZV7� Business Phone Number Email Address Cell Phone Number 9. Other pertinent information is as follows: License Number (Please Attach Copy) '5 -7 !!!>4 Federal Tax ID# 6157- 1 t I c7n> Federal. Employment ID # Submitted on this 6?t day of 20 THIS.PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 70 Page 290 of 735 a. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature o Attested by Secretary C�.w Incorporated under the laws of the State of BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON -CONFORMING AND INELIGILE FOR AWARD. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID. PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-1911T Utilities— Repairs and Emergency Services 71 Page 291 of 735 CERTIFICATE (For Partnership) I HEREBY CERTIFY that a meeting of the partners of , a Partnership under the laws of the State of held on 20 the following resolution was duly passed and adopted: "RESOLVED, that as of the Partnership, is hereby authorized to execute the Bid Form dated 20 between the City of Boynton Beach, Florida, and this Partnership, and that the execution thereof, attested by the of the Partnership be the official act and deed of this Partnership." I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of , 20_ (Signature) (Title) STATE OF FLORIDA COUNTY OF Sworn to and subscribed before me on this day of , 20 by who ❑ is personally known to me or who ❑ has presented the following type of identification: Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 72 Page 292 of 735 CERTIFICATE (For Corporation) I HEREBY CERTIFY that a meeting of the Board of Directors of '�`�-�" <:Z=07 , a corporation under the laws of the State ofheld on ASD— I , 20 11 4i, the following resolution was duly passed and adopted: "RESOLVED, that J—C"'-,1 s''''.Qo , ash Corporation, is hereby authorized to execute the Bid Form dated - t of the 2012, between the City of Boynton Beach, Florida, and this Corporation, and that the execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this Corporation". I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this I -'-'Tday of 1L , 201 Secretary tJV.A--= STATE OF FLORIDA COUNTY OF R �IaCl 1 Sworn to and subscribed before me on this k+ day ofyA0.0 (1) , 20_Lc�_ by c WOS 't1(I(0 -who ❑ is personally known to me or who 4has presented the following type of identification: 1-�,v�'`�.o. �",_ 6 lCc&, Q- 5 �PRYP�/O" ROBERTO A. ALETTO e *° `¢" Notary Public - State of Florida Commission # FF 977818 My Comm. Expires Apr 3, 2020 1( (gra otary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number THIS PAGE TO BE SUBMITTED ALONGWITHPROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 73 Page 293 of 735 A D D E N D A CITY OF BOYNTON BEACH FLORIDA BID TITLE: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID NO.: 019-2821-19/IT BIDDER: DATE SUBMITTED: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CITY OF BOYNTON BEACH and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE >'4a.,4t I � I I CID M NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 74 Page 294 of 735 (� The City of Boynton Beach Finance/Procurement Services P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX.• (561) 742-6316 ADDENDUM No. 1 DATE: MARCH 19, 2019 BID TITLE: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID NO.: 019-2821=19/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in atFikethFeugh type are deletions from existing text. Words in bold, underlined type are additions to existing text. ~` 1. The bid opening date remains as April 1, 2019 at 2:30 PM. The location remains unchanged. 2. The Schedule of Bid Line Items with Scenarios - Attachment "E" is revised and attached herewith. The revised bid lines are shown in red font. Please include this revised Schedule of Bid Line Items with your bid submittal. Sincerely, • 0. A%4k Tim W. Howard Assistant City Manager - Administration cc: Finance/Procurement Page 295 of 735 The City of Boynton Beach Finance/Procurement Services P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX.- (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 1 REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID NO.: 01.9-2821-19/IT RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. PRINT NAME OF REPRESENTATIVE SIGNA F REPRESENTATIVE MATT --.1- �- oat. -( 2- 1 t L NAME OF COMPANY DATE 2 Page 296 of 735 „F oil r ti. ��tvh 9 Submit Bids To: PROCUREMENT SERVICES 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 Bid Title: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS Bid Number: 01.9-2821-19/IT Bid Due By: APRIL 1, 2019, NO LATER THAN 2:30 P. M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 1, 2019, no later than 2:30 P. M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: Federal I.D. Number: `. 1 V' ' I A Corporation of the State of: Area Code: � I Telephone Number: Area Code: i52-5 t FAX Number: Mailing Address: City/State2ip: 75a. 111_1� i5� • c3�•- E-mail: Clam'-,:` �rc rv"a'l --”— orized Signature Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID.PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No: 019-2821-19/IT Utilities – Repairs and Emergency Services 75 Page 297 of 735 i BIDDER'S QUALIFICATIONS STATEMENT BIDDER shall furnish the following information. All questions to be answered in full, without exception. If copies:of other documents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. 1. BIDDER'S Name, Principal Address, Phone and Fax Number: I Z I �� .=►�l�rl-�. IVto.��� 2G�� 2. Number of years as a Contractor in this type of work: 3. Names{ and titles of all officers, partners or individuals doing business under trade name: 4. The business is a: Sole Proprietorship ❑ Partnership ❑ Corporation 5. What is the last project of this nature that you have completed? G I-Tz'?'=:'F_7 P50'-Q� Our — Z o Z• l — [A- 6. A- 6. Have you ever failed to complete work awarded to you. If so, when, where and why? f'� Dr.1.0 P THIS -PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 0192821-19/IT Utilities — Repairs and Emergency Services 76 Page 298 of 735 7. Have you personally inspected the proposed WORK and do you have a complete plan for its performance? List CM's or GC's your company has worked for within the past three years. (List 2 other than those shown below) CM/GC Contact �'�l!?l�_jal�n(�fl+�( Tel: i5--61 ' i57-08 ' 117cD No. 1 Person: Fax: % 1 , 50� gZSZ CM/GC -L Contact �IlL R1 Y.i=�2d Tel: S!54 - -7-7Z . No: 2 Person: Fax: 9Sd�TIZ oo IR,ro 9. List three SIGNIFICANT PROJECTS completed within the past five years. CI'T� C1F-$v-?14Tar4 ter- � Your $ It 2 ✓r, �� '- Project Location: Subcontract $ 9 • • _ Date L1,a 7 a1 No. 1. GT''��- Z 97-1 - t 4 -1 Amount�ZS�c+� Completed:) .elTT--,, c:, ex;o, 74Z - Contracting Contact M=•J�ERUTel: Agency: Person: �1 �`Z'�' Fax: I!6-;1) 74 Z - 6 a G 1 � ocz W2:� m6a-m" G rp-�r2012-•49$c7 Your$ Zi 25',x,7 -I6 - Project I Location:331 Subcontract $ ^ o —'Date AL1 ` Z�� z01'7 No 7 �'�� � �, �� Amount4 ZT 253, 2157. Completed: G f�ac�cA i�TtxL Contracting Contact rAt u�IL�rlLrja»f-GaY1 arclj 33 7310 Agency Person: Fax 1.?0l��'��'�' Rap'2 i 1 390 -7345- Fax: aRo�v/,S1zT� Cz]iJN� Gan1-rt>'Y13STZoSat$ 7 Your $ � o ^. ?,nl � Project a No. 3, 2Subcontract $ Date 'Amount: Amount: 5`4==& ^ Completed: Contracting �CaGK 1 Contact M2,LA/ZR>��►..t�riC�.1o►J Tel: �� S3t g4L Agency �-'' Person: Fax: E31 10. List three SIGNIFICANT PROJECTS currently under construction. CI -R,1- o -J=_ CoLc,Jvr l^ 7� Your $ z, 33 3, COw1.•r�ar oZ •Zt• 1$- LI 1 7�Z?j Project Location: Subcontract $ •- o " c Date��� i No 1 X295-`d�`I RJCP,Amount: Z, 333, 330 - Completed: G1Tv�s='Goco,�.ur-Gt.�xz� 0,x.4. 7T3 • Contracting SZ9S_10F1alyaJ Rte. ContactMR..&u43> I-A.iCocie Tel: Agency Gs7eo�.acs rc e.�t�, �30�3 Person: Fax: 0154. 57 t A• 1 4/� G 17 01'7. gpo Your $Zig Project 1.4 C) G1a�� 1Loccaation: �F�33d3( Subcontract $ -- a ^ oDate r4-DN&F10 No 2 , Amount: ��GJ 95, 9�3. ?-!-Completed: Contractin Contactn�✓._�C�Vub�al-v1�Tel: ` 731 0 Agency g lsto! �1.d�t�? ��. Person: Fax: �=') 330 7 34-x' -�x.11G4I7Je:pI Your$ _j4*Lla.0iz-!Zc' Za z Project Date 2�- VVIS- t• Location -v Subcontract 7 �ro Completed:1 , No 3 c'� 15�12moo, Amount: 5'3 , ContractingContact MV-AVTel: o� Agency Person: Fax: �� a3 1 • �' Z' THIS PAGE TO BE SUBMITTED. ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/iT Utilities - Repairs and Emergency Services 77 Page 299 of 735 11. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). �ur.l �.ar�.►z. �gc r r r �� r� oc- .dLAP mm& -1Z" t ? I—=- I\A t � ��.1�►?_C� �7�'�.a-Tc�- , r-�r � •�rrti�Z� .Lt r.C���ov�`� 12. State the name and licensing of the individual who will have personal supervision of the WORK. ,J-D4"&Rr2.. d�-"r�"� oc . CLC 0 -�5 7 13. WIII you sublet any part of this WORK? If so, give details. L.��-� �au-arr' R���-r-rn�L ,.3ar�i� �T1z�.r,��.�Z �,4yi�r�IG•� 14. What equipment do you own that is available for the WORK? 15. What equipment will you purchase for the proposed WORK? N cOk.L� 16. What equipment will you rent for the proposed WORK? r 1= W.E-Qu I Vii] 17. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a. contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: 14-0 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 78 Page 300 of 735 i 18. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 19. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. I -J Ox4,9=-7 20. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. i\(c7N1EE— 21. Bank References (include name, job title, and telephone number of contact person) — Minimum 1 —7 1 22. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work "4- b. Non -Governmental Related Work I -- Total Work a +b): -- C Can/ii-ac Ra\/ar111P_ Inri P_Y NIlrT1hpr 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000.to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or qreater THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/lT. Utilities — Repairs and Emergency Services 79. Page 301 of 735 23. Principal Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using. basic:material prices. The following is a list of material manufacturers and subcontractors whose materials and services such BIDDER proposes to -furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. It is understood that the following list is not complete, but includes the names of manufacturers of the' principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. All manufacturers or their authorized vendors have been made aware of all the appropriate portions of the Bid Documents and agree that their materials will meet all of the requirements stated therein and deliveries will be scheduled so as not to impede the progress of the WORK. Materials: Item Manufacturer V�Lu , �ri"i1 j F 2; I�Pdfico A tZ5— - #-57�\,VIII Rn� THIS PAGE TO BE SUBMITTED -ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019=2821-19/IT Utilities — Repairs and Emergency Services 80 Page 302 of 735 The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the, award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. By ignature)� gli2ty, Date AT -c-nA — 1, 2 a li, 'f) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 81 Page 303 of 735 CONFIRMATION OF DRUG-FREE WORKPLACE IDENTICAL TIE BIDS Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of -the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. endor's Signature THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID.PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 82 Page 304 of 735 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of -F «'d County of F�-L-1 A ) 1) He is (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: �i being first duly sworn, deposes and says that: %IT— of WP4-b J < 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Such bid is genuine and is not a collusive or sham bid; 4) Further, such bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Si (Title) Subscribed and sworn to before me This %S day of 20__Zg_ My commission expires '20 ZZ-• ''. L-State Z Notary FloridaCom1970 My Co.2022 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities'— Repairs and Emergency Services 83 Page 305 of 735 �rbw 0 STATE OF FLORIDA ) SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. By: E - SIGNATURE Sworn and subscribed before me this f S day of rnh , 20 / Printed Information: NAME TITLE NOTARY PLIBLIC, State ofel lorida at Large Ni�'�-i�l- '- c0Q F oOR A-"0' l COMPANY "OF THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities _ Repairs and Emergency Services 84 Page 306 of 735 JAISSER SAVCHEZ Votary"Public - State of Florida Commission 191970 My Comm. Expires Mar 4.2022 "OF THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities _ Repairs and Emergency Services 84 Page 306 of 735 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S.1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. Name of Proposer Authonzed Signature of Proposer�� *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price �! t�oelhl, L No. �. Ir 600 r Extended Price Method THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE IT Utilities = Repairs and Emergency Services 85 Page 307 of 735 SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be .given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. HORIZED SIGNATURE THIS•PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT.Utilities — Repairs and Emergency Services 88 Page 308 of 735 In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and That thefacts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300;000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 87 Page 309 of 735 portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recnmmendmUons, a copy of which has either b,en supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such |nstructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event ofeclaim hereunder bythe City; 11. The foregoing Warranties apply aoaminimum and are supplemental toother Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered onthis `_ day of .2010. (SEAL) CONTRACTOR: ATTEST: THIS PAGE PAGE TO BE SUBMITTED ALONG WITH PROPOSAL |N ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. o19-2821-1mITUtilities— Repairs and Emergency Services 88 Page 310 of 735 CONFIRMATION OF MINORITY OWNED BUSINESS This requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? -- Yes If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN OTHER (specify) NOT APPLICABLE Z no Do you possess a Certification qualifying your business as a. Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 619-2821-1 WIT Utilities — Repairs and Emergency Services 89 Page 311 of 735 GC tY -0/ CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 I, )c*W t%Aag-,�D on behalf of Mme"certify Print Name and Title Company Name that �`does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes; prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 90 Page 312 of 735 As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria: I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME —, )CD" ,J -2>4T2 D PRINT NAME SIGNAT TITLE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities - Repairs and Emergency Services 91 Page 313 of 735 mm E% \/ (n§ m:t:! ( ` 0�\ (k 0 yd -0 S5 § m0 f\ 27 —a k( �\ 7� /2 0- /p �0 2/ kk 7@ \\ �k # 0e \ » ) 2 ( § ®� �0 w /) %ƒ I� •g %e �a �g o% 0§ . §§ zQ CO) I R co � « ee « § «o k \k ) �/ « «? ^ �LU o %E »\ 0 �_5 _ 2 0 � O ca / � � e° £0 22 z» 2 �a g d q w \\ a2 'F 7\ «55 E» J= SZ 2 LL O /A >\ �v a Lu //f Q j§� qm 7 \ ƒ \ 7 \ Ul / u o ca 6 0 U \o" _ f_ \\u k/UJ � 2} ®\£ SES a. U) o=o Cc §gip E 2/\ §\ CD \fes �» cu ca 9caE ` 0 CD =3 / m 6 e ] \\\$U ££\ �§± SgR \EE § k0 /eR / o=\ 02� i \2D 2 �� k j . -00 \/g \ me0 2�/ m00 ƒ �\� CL § //k \ \ § \ > @ E f \ E ^ _. c 2 o c± [ § _� §\G k =(U0 2 �[� . /tE / F- Osw ] � � 2 � 7 � ■ � � } � �®� Z � o § 2 7 � v 2 § 0 k .E U«]Q � � k 2.\ � ■ � § u � R � � ° > � � J � Z Z � CO) � % � �� 7£ ) ■ � � � � 7 : � � A � PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT BID NO.: 019-2821-19/IT REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME By Title: Date: /--`l`>J�tjL I � Za l7) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities= Repairs and Emergency Services 93 Page 315 of 735 I CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION (Name of officer of company) (Name of Corporation/Company) the (Title of officer of company) located at (Business Address) M certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Business License Verified by: Signature: ***FOR PURCHASING USE ONLY*** ❑ Year Established: 7 Date: Active: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 94 Page 316 of 735 STATEMENT OF NO BIDS If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your Bid No. 019-2821-19/I7 for REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 95 Page 317 of 735 saovuas ftaue6jaw3 pue sneda*�.j - sag1itin 1it66-LM-6 L0 'ON PS as £1yy �LN3#VH:)VILL It Page 318 of 735 CITY OF BOYNTON BEACH WARRANTY OF TITLE • COUNTY OF—�;`, being first duly sworn, deposes and says ,TM[fo 1 He is of i•r`L 4l�Tj - �. c'�C.Y�t'�kt"►�? a14 , (Title) (Name of Corporation or Firm) a Florida Corporation ( f _) Check One a Florida General Partnership (,_) a Florida Limited Partnership �) a Sole Proprietor �) which is named in Construction Contract dated the (°�--r day of 20, between such corporation as the CONTRACTOR and the City of Boynton Beach, Florida as the OWNER, for the construction of E�A D tesla . Ott •ZoZ.I • I `:� / 17— and Affiant is authorized to make this Affidavit as, or on behalf of, the Contractor as named above. Title to all work, materials and equipment covered by the attached Final Application for Payment dated passes to the Owner at the time of payment free and clear of all liens, and all laborers, material men and subcontractors have been paid for performing or furnishing the work, labor or materials upon such Contract work covered by the aforesaid Final Application for Payment. This statement under oath is given in compliance with Sectio 713.06 Florida Statutes. ffiant Sworn to and subscribed before me this day of Notary Public, State of Florida at Large My Commission expires: (SEAL) END OF WARRANTY OF TITLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services WT- 1 THIS FORM SHALL BE EXECUTED BY CONTRACTOR.AND SUBMITTED WITH FINAL APPLICATION FOR PAYMENT Page 319 of 735 City of Boynton Beach i Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE. An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) --------------------------------------------------------------------------------------------------------------------------------------- TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------ Automobile Liability Combined Single Limit $ 300,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal -------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 •------------------------------------------------------------------ Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined •------------------------------------------------------------------------------------------------------------------------------ Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit Builder's Risk Other - As Risk Identified INSURANCE ADVISORY FORM $ 300,000.00 Limits based on Project Cost to be determined Page 320 of 735 MADSEN /BARR CORPORATION Engineering Contractors • Sewer • Water • Drainage USE AR Browward: (954) 459-7773 e Palm Beach: (561) 753-6363 o Fax: (561) 753-6382 E-mail: madsenbarr®earthlink.net APRIL 1, 2019 TO: CITY of BOYNTON BEACH PROCURMENT SERVICES DIVISION ATTN: MS. IIYSE TRIESTMAN SUBJECT: BID #019-2821-19/IT "REPAIRS and EMERGENCY SERVICES for WATER DISTRI=BUTION, WASTEWATER COLLECTION and STORM WATER UTILITY SYSTEMS" ATTACHMENTS/INSERTS 1.) STATE of FLORIDA LICENSE CUC057343 2.) BID QUALIFICATION ITEM #9 (SEE INSERT) 3.) BID QUALIFICATION ITEM #10 (SEE INSERT) 4.) MADSEN/BARR CORP. EQUIPMENT LIST. 5.) CITY of BOYNTON BEACH REFERENCES. 6.) REFERENCES. 7.) MADSEN/BARR CORP. FINANCIAL REPORT 8.) PALM BEACH COUNTY "SBE" CERTIFICATION 9.) CERTIFICATE of INSURANCE 10e) POLICY "SAFETY" MANUAL 12113 Indian Mound Road; Wellington, Florida 33449 (Borth Office) 3600 S. State Road 7 (441), Suite 311, Miramar, Florida 33023 (South Office) Page 321 of 735 '16 -mom TON �Lu '16 -4-7, 4-J, 4-J, -7E rw The City of Bunton Beach Madsen -Barr Corporation 12113 Indian Mound Road Wellington, FL 33449 ATTR!: John Barr, President RE: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS; BID No. 026-2821-14/JMA Dear Mr. Barr: At the City Commission meeting of April 16, 2014, _Commission awarded the bid for "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" to Madsen -Barr as the "Primary Vendor". The bid term is April 16, 2014 to April 15, 2016. Your Certificate of Insurance on file with the City is current and in force. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for your time and effort in responding to this Bid, and we look forward to continue working with Madsen -Barr. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Sr. Buyer, at (561) 742-6322. Sincerely, Tim W. Howard Director of Financial Services encl: Bid Tabulation, Schedule of Pricing, Agenda Item Request cc: James Sylvain - Acting Division Mgr., Utilities, Field Operations Karen Riseley - Maintenance Manager, Utilities Central File File America's Gateway to the Gulfstream Page 323 of 735 Procurement Services 100 E. Boynton Beach Boulevard a ^ P.O. Box 310 — 1 Boynton Beach, Florida 33425-0310 • ` Telephone No: (561) 742-6310 FAX: (561) 742-6316 April 17, 2014 Madsen -Barr Corporation 12113 Indian Mound Road Wellington, FL 33449 ATTR!: John Barr, President RE: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS; BID No. 026-2821-14/JMA Dear Mr. Barr: At the City Commission meeting of April 16, 2014, _Commission awarded the bid for "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" to Madsen -Barr as the "Primary Vendor". The bid term is April 16, 2014 to April 15, 2016. Your Certificate of Insurance on file with the City is current and in force. We have enclosed a Bid Tabulation, Schedule of Pricing and Agenda Item Request for your review. We would like to thank you for your time and effort in responding to this Bid, and we look forward to continue working with Madsen -Barr. If you have any questions, please do not hesitate to contact Julianne Alibrandi, Sr. Buyer, at (561) 742-6322. Sincerely, Tim W. Howard Director of Financial Services encl: Bid Tabulation, Schedule of Pricing, Agenda Item Request cc: James Sylvain - Acting Division Mgr., Utilities, Field Operations Karen Riseley - Maintenance Manager, Utilities Central File File America's Gateway to the Gulfstream Page 323 of 735 CONSTRUCTION CONTRACT DOCUMENTS AND SPECIFICATIONS FOR ECIC NO. 2012-030 Pressure Main Repair and Replacement CITY OF BOCA € ATON 201 W_ PALMETTO PARK ROAD BCCA BATON, FL 33432 (561) 393-7871 Wilily Services Page 324 of 735 f Broward County Board of County Commissioners Solicitation Y1387203131 Pipe and Valve - MaIntenaace and Repalr Bid Designation: Public Bid Y1387203B1 10/6/2015 2.11 PM Page 325 of 7i3� RD ce U V I ision yr W Odp unty rcf _'C.ettnty -s fs tioner R Comm s' gl' 10/6/2015 2.11 PM Page 325 of 7i3� -, C -onUT ac CR§r.K,,... INVITATION FOR BIDS REHABILITATION EPAIRS, AND NEW CONSTRUCTION SERVICES FOR WATER STRIBUTI®N AND WASTEWATE1? CONVEYANCE UTILITY SYSTEMS BID NO. 02-21-18-11 Purchasing and Contracts Division 4800 West Copans Road, Coconut Creek, Florida 33063 www.coconutcreek.net/purchasing Page 326 of 735 CONSTRUCTION CONTRACT'DOCUMENTS ANQ SPECIFICATIONS FOR Pressure Pipe, Insert Valva and Line Stop Repair Installation CITY OF BOCA RATON 201 W. PALMETTO PARK ROAD BOCA RATON, FL 33432 (561) 393-7871 RECEIVED BY r'rtwi r,f Rnra Raton Purchasing Division - Rage -327 of 735 Broward County Board of County Commissioners Solicitation BLD211661761 Fire Hydrant Maintenance and Repair Services I Bid Designation: Public 4. RD C-OLIkITY urchW ovision iv.N.br-awn rd.offj/pq r(. has Iniq Broward County Board of County Commissioners 8/27/2018 9:49 AM Bid BLD2116617BI P. 1 Page 328 of 735 NIABSENIBA, RR CDRPORATn0it MADSEN/BARR CORPORATION VEHICLE and EQUIP_ MENT LIST (01-01-19) UNIT NO. OWNER DESCRIPTION YEAR SERIAL NUMBER TAG NO. I.M. NOTES 001 M/B C Kubota KKO57 2012 20168 n/a YES 002T M/B C Econoline Trl. 2016 42EDPKK22GI000150 EZV127 no 003 M/B C Thompson WP 1998 W-462 n/a no 004 M/B C UR Trench Box 2014 n/a no 005T M/B C Built -Rite 1995 NOVIN0201106570 JKGR76 no 006T M/B C Dell Trl. 1996 96000981 083RWH no 007T M/B C Horizon TH. 1994 HFL4438894612SOEB 081RWH no 008 WBC Wacker Equip 2012 757610488 n/a no 009 M/B C ICS 695F4 Saw 2012 20112400161 n/a no 010T M/B C Lark Trl. 2014 5RTBE1628FDO45115 DNAA63 no 011 M/B C Central Fusion 2000 CEN -100895 n/a no 012T MS-M/BC Anderson TH. 2003 4YNGN29283CO15910 IF551P no 013T NE GMC Sierra 2015 3GTP1UEC6FG266858 ETWF48 no 014T M/B C F-250 Utility 2017 1FT7W2A6XHEE91882 ITDLO6 no 015T M/B C T-150 Van 2015 1FTNE1YM3FKA91363 DLRR28 no 016T M/B C INTL 4300 2005 1HTMMAAM55H676131N9160S no 017T M/B C F-150 (4x4) 2013 1FTFW1EF3DFC47480 424PXJ no 0181 M/B C Hudson TH. 1985 10HHT2002F1000001 pending no 019 M/B C Wacker Pump 2012 115348 n/a no 020 M/B C Liebherr 8902 1985 257-2829 n/a no 021T M/B C General TH. 2002 4XSP616262GO43732 Y72YIC no 022T M/B C Horton TH. 2003 5E2131162331010046 JKGR33 no 023T WBC Big Tex TH. 2017 16VDX1221H5018883 HEAM39 no 024T M/B C TDT 1XSD TH. 2003 SFEUS16213CO09963 Y34YPY no 025T M/B C F-250 4x4 2016 1FT7W2B69GED09196 GSNY87 no 026T WBC F-450 2015 1FDOW4GT8FED70920 Z56EKH no 027T M/B C Econoline Tri. 2003 MG1223DE C5162S no 028 M/B C Kubota KX080 2015 31891 n/a YES 029 M/B C Kubota 520 2012 20847 n/a YES 030T M/B C F-350 2019 1FT8W3DT3KED22984 KDSJ82 no 031 M/B C Air Comp. 2000 AC n/a no 032T JB Ford Exp. 2010 1FMJUIKSXAEA85663 814TRJ no 033T M/B C F-250 4x4 2017 1FT7W2B68HE626745 HLK184 no 034T M/B C E-350 2018 1FDWE3F62JDC11103 no 035 036T M/B C F-150 2011 1FTFWlEFSBFB29668 ATRK78 no 037T JB 11 F-150 2014 lFTEX1CM8EKF87873 ARK102 no pump -tam DIP saw office At Office wellpoint Yard Field Page 329 of 735 MADSEN /RARR CORPORATION i=1 Engineering Contractors - Sewer o Water o Drainage l ` i Broward: (954) 489-7773 a, Palm Beach: (561) 753-6363 o Fax: (561) 753-6382 E-mail: madsenbarr®earthlink.net �lll�k f.11�l�a.UJ1 CORPORATION , 1� Joseph S. Paterniti, P.E. Michael R. T. Low, C.Eng. s, Utilitv Director., Deputy Director,/Manager Technical Services a bbtl.us pater uti�n bbfl.us ` y; IP lowmr.. � r • ttorr.,, Boynton Beach. Utilities www.bovnton-beach.org 124 East Woolbright Road Off: (561) 742-6423 Boynton Beach, FL 33435 Fax: (561) 742-6299 Breeze into Boynton Beach... America's Gateway to the Gulfstream Boynton Beach Utilities www.boynton-beach.org 124 East Woolbright Road Off: (561) 742-6403 Boynton Beach, FL 33435 Fax: (561) 742-6498 Breeze into Boynton Beach... America's Gateway to the Gulfstream Tremaine Johnson __ , Christopher Roschek, P.E. Manager, Field Operations- Engineering Division Manager JohnsonTr@bbfl.us i+ yr ;ice y roschekc(a:bbtl.us Boynton Beach Utilities www.boynton-beach.org 124 East Woolbright Road —" ')'Vnton Beach, FL 33435 Off: (561) 742-6476 "eeze isrto Boynton Beach ---America's Gateway to the Gulfstream Thorley Johnson Supervisor Wastewater Collection/StormNvater johnsonthCbbfl.us f Boynton Beach Utilities www.boynton-beach.org 124 East Woolbright Road Boynton Beach, FL 33435 Off: (561) 746419 Breeze into Boynton Beach... America's Gateway to the Gulfstream Boynton Beach Utilities to-A,w.boyn l on -beach. org 124 Last IVoolbright Road Off: (561) 742-6413 Bovn ton Beach, FL. 33435 Fax: (561) 742-6298 Breeze into Boynton Beach... America's Gateway to the Gulfstream Brandon Mingo Assistant Supervisor Water Distribution MingoB(q bM.us Boynton Beach Utilities www.bovnLon-beach.org 124 East Woolbright Road Off: (561) 742-6438 Boynton Beach, FL 33435 Fax: (561) 742-6299 Breeze into Boynton Beach... America's Gateway to the Gulfstream Angela A. Prymas, P.E. f Felix Carim Senior Engineer a Utilities Construction Inspector n pryrnasa@bbfI.us bbfl.us { cadnt bbtl.us ' ttt �/.,4ru3i. Boynton Beach Uti M/ DSM /13ARR CORPORATION Engineering Contractors ° Sewer ° Water ° Drainage J Broward: (954) 489-7773 ° Palm Beach: (561) 753-6363 Fax: (561) 753-6382 E-mail: mad senbarr@earthlink.net Michael R.T Low ' Mark Darmanin Deputy Director Utilities Director Operations �C Maintenance COUNTY lowmc,bbll.us I . c e � s . City ®f Boynton Beach. Broward County Commission Utilities Department Water and Wastewater Services www.boynton-beach.or'g Water and Wastewater Operations Division 2555 West Copans Road, Pompano Beach, FL 33069 124 East Woolbright Road Off: (561) 742-6403 954-831-0960 • FAX 954-831-0842 Boynton Beach, PL 33435 Fax: (561) 742-6398 mdarmanin@broward.org ° broward.org We Vidue Diversity, lntegrihy, Siervardship and Qvaflzde l C a C®' 19�� Utilities &Engineering Department _ Utilities Division UTILITY SERVICES DEPARTMENT . �� 5295 Johnson Road 1401 Glades Road Boca Raton, FL 33431 �R Coconut Creel(, FL 33073 BUTTERFLY CAPITAL OF THE WORLD' Jean Dupuis Assistant Director ur. - CHRIS.HELFRICH, P. E. Director / Phone: (954) 956.1489 i Fax: (954) 571-4146 Office (561) 338-7303 .F Rye www.coconutcreel(.net Fax (561) 338-7345 cheifrich@myboca.us jdupuis@Goconutcreek.net W11'I11T'fihfGB-9AIb1 GORDONMa , �eQuh.. Florida's Warmest Welcome Department of Utilities 13900 Pembroke Road Miramar, Florida 33027 B[AL111' ANIS 111t0GtES% 'PHONE: �(9DJ4) `88 j -x5845 ENT ie .s FAX: (954)'602-3568 E-MAIL: wogordon@ci.miramar.fl.us All -America City 12113 Indian Mound Road, Wellington, Florida 33449 John Sfirop Utilities Improvement Manager oulos, RE. Civil Engineer III City of Pompano Beach, Florida 1201 NE 5th Avenue Pompano Beach, Florida 33060 ,954-545.7009., I,t:• 954:786: M john,sfiropoulos@copbfi.com mypompanobeach.org Page 331 of 735 MA DSEN /BARR CORPORATION Engineering Contractors * Sewer 4 Water o Drainage (A \ Broward: (954) 489-7773 o Palm Beach: (561) 753-6363 - Fax: (561) 753-6382 E-maf€: madsenbarr@eart€ilink.net c(acolluT CCK BUTTERFLY CAPITAL OF THE WORLD' Public Services Department Utilities Division 5295 Johnson Rd. Coconut Creek, FL 33073 Jean Dupuis Assistant Director U. R . Vd ut Phone: (954) 956-1489 Fax: (954) 571-4146 e6 Fw�°P Jdupuis@coconutcreek.net www.coconutoreek.net no w 0*beach.. Florida's Warmest Welcome All -America City Michael R.T. Low Deputy Director Utilities Operations & Maintenance lnwm(ir:bbfl:us 1F. mill CITY OF MARGATE O Together We Mal e it Great CORPORATION KELLY MCATEE PE, LEED AP Engineering Manager City of Margate Environmental & Engineering Services 901 NW,6ft Avenue, Suite A Nargate,;6lcrrida 33063 t954)1972-0828 Phone (954) 978-7349 Fax kmcatee@margatefl.com www.margatefl.com John. 8firopoulos; RE. UTILITY SERVICES . DEPARTMENT 001'Engheer 19 1401 Glades Road - Boca Raton, FIL 33431 City of Pompano Beach, Florida 1201 NE 5th Avenue Pompano Beach, Florida 33060 954L45.7-0091 f. 954.786.4028 jnhll,sflropolilosQtoptrfl;��om mypompanobeach.org �101 Ill I I 0111101w - East Woolbright Road Off: (561) 742-6403 Boynton Beach, FL 33435 Fax: (561) 742-6295 We Vahic:Divetsittf 3ntegrihj, Stewardship and Cmntizdi j ,11111/ /dams -.1' SuNTRuST 2073 GOIdAWard Winner CHRIS HELFRICH, PE. Director Office (561) 338-7303 Fax (561) 338-7345 cheifrich@myboca.us Maric Darmanin Director Browrard County Commission Water and Wastewater Services Water and Wastewater Operations Division 2555 West Copans Road, Pompano Beach, FL 33069 954-831-0960 • FAX 954-831-0842 mdarmanin@broword.org •.browardorg Christine Cook Personal Banker SunTrust Bank MaiLCode FL -14V-0388 9945 Lake Worth Road Lake worth, Ft 3346-7 Tel 561.629.8902 Fax 561.629.8906 chris.cook@suntrust.com 12113 Indian Mound Road, Wellington, Florida 33449 Page 332 of 735 El Madsen/Barr Corporation Financial Report December 31, 2017 and 2016 Page 333 of 735 Comraprehensive income Change in unrealized loss on investments 22,174 27,109 Comprehensive Income $ 180,674 $ .290.481 See Independent Accountant's Review Report and Accompanying Notes 3 Page 334 of 735 Madsen/Barr Corporation Statements of Income Years Ended December 31, 2017 and 2016 2017 2016 Construction revenues $ 2,52,525 $ 2,465,483 Construction costs Materials 659,873 580,067 Direct labor 572,237 544,531 Subcontracts 446,986 495,537 Equipment rental 68,438 55,999 Equipment repairs 33,486 10,830 Other construction costs 2,593 4.0,201 Total construction costs 1,783,613 1,72.'7,;165 Gross margin 568,912 738,318 General and administrative expenses Officer's salary 162,500 214,375 Depreciation 77,567 67,214 Insurance 80,974 57,089 Interest expense 1,634 3,609 - Telephone 13,525 12,283 Payroll taxes 59,092 56,203 Office:a-id miscellaneous expenses 3,309 11,896 Professional fees 15,595 12,950 Rent 2,595 10,788 Repairs - 13,294 Utilities 14,207 13,392 Taxes, licenses, and permits 3,909 7,625 Total general and administrative expenses 434,907 480,718 Operating income 134,005 257,600 Other income Investment income 14,554 5,772 Other income 9,941 Net income 158,500 263,372 Comraprehensive income Change in unrealized loss on investments 22,174 27,109 Comprehensive Income $ 180,674 $ .290.481 See Independent Accountant's Review Report and Accompanying Notes 3 Page 334 of 735 MAUSE-1 Ur lu: ACORDDATE (MM/DDm^rY) �_ CERTIFICATE OF LIABILITY INSURANCE 03/11/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER NAME: R.V. Johnson Insurance PHONE 561-7458894 FAX 561-745-8871 400 N. Cypress Drive, Suite 24 (AIC, No, Ext): (A/C, No):- Tequesta, FL 33469 ADMDREss: certiticate@rvjohnson.com Donald L. Brady INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Auto -Owners Insurance CO 118988 S RED INSURER B ; FFVA Mutual Insurance Co. 110385 IIr1Radsen/Barr Corp _ COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE DDL UBR POLICY NUMBER POLICY EFF a POLICY EXP IYYYYI LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1'000'000 PREMISES Ea RENTED 300'000 CLAIMS -MADE a OCCUR 72510157 10/18/2018 10/18/2019 MED EXP (Any one erson $ 10,000 PERSONAL & ADV INJURY $ 1'000'000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY [:] JECT F LOC GENERAL AGGREGATE $ 2'000'000 PRODUCTS - COMP/OP AGG $ 2'000'000 Emp Ben. 1,000,000 OTHER: 0COMBINED -- AUTOMOBILE LIABILITY AUTO 5051015701 10/18/2018 10/18/2019 SINGLE LIMIT 1,000,000 Ea accident $ BODILY INJURY Per erson $ BODILY INJURY Per accident $ OWNED SCHEDULED IxANY AUTOS ONLY AUTOS HIRED X NON -OWNED AUTOS ONLY AUTOS ONLY PRrOacEMtl tDAMAGE $ A X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2'000'000 AGGREGATE $ 2'000'000 EXCESS LIAB CLAIMS -MADE 5051015700 10/18/2018 10/18/2019 DED X RETENTION $ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOWPARTNER/EXECUTIVE ❑NIA OFFICER/MEMBER EXCLUDED? (Mandatory in NH) WC84000190862018A 10/18/2018 10118/2019 PER STATUTE ERH 1,000,000 E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT ifes, describe under DESCRIPTION OF OPERATIONS below A Equipment Floater 72510157 10/18/2018 10/18/2019 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CITYBO2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Boynton Beach - 124 E Woolbright Road Boynton Beach, FL 33435 AUTHORIZED REPRESENTATIVE ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 336 of 735 I � 1= fir-. t- r 4 Engineering Contractors s Sewer e Water o Drainage 3roward. (954) 489-7773 o Palm Beach: (561) 753-6363 e Fax: (561) 753-6382 October 03, 2000 TO ALL EMPLOYEES Welcome! Madsen/Ban- Corporation is an engineering contractor, which was established in 1980. Our corporation has diversified into two types of construction — underground utilities, sewer, water and drainage. Madsen/Barr Corporation has built its company on the following principles in order of their importance: 1. Safety 20 Customer Satisfaction 3. Equipment Maintenance 4. production No matter which division you work in, Madsen/Barr Corporation wants to -continue its high standards of operation and expects you as an employee to promote, adhere and abide to our policies. Think Safety First John arr o President 41-� Nick Orro — Secretary/Treasurer 2 C LL Terry Clark — Ice President Page 338 of 735 MADSENIBARR CORPORATION POLICY MANUAL CONTENTS A. SAFETY: YOUR LIFE DEPENDS ON IT — WE DEPEND ON YOU .............4 1. Rules and Regulations......................................................................4 2. Meetings and Record Keeping .............................................. 3. Fines and Penalties ........................................................................... 5 4. Workman's Compensation Accident & Claim Procedure ..................e 5. Vehicle Accident Claim Procedure 6. OSHA Procedure.--••------------------------•---........................------...........----3 B. CUSTOMER SATISFACTION.......................................................................9 1. Utility Locations ................................................................................. 9 2. Client/Customer Communications.....................................................9 3. Expanding Our Client/Customer Base...............................................9 4. Customer /Resident Advance Warning Cards...................................9 C. EQUIPMENT MAINTENANCE...................................................................10 1. Service/Maintenance Reporting System.........................................10 2. Quick Check Service Tags..............................................................10 3. Equipment Appearance Record Keeping........................................11 D. PRODUCTION ............................................................................................ 12 1. Key. to Success ......................• --...............................-----..........---.....12 2. Overtime.............................................................•----•-----.....---..........12 3. Rate of Production..........................................................................12 E. EMPLOYEE BENEFITS.............................................................................13 1. Vacation Pay...................................................................................13 2. Holiday Pay ...................................• ----...........-----.............................13 3. Health Insurance............................................................................. 13 4_ Dental Insurance .................................................• -...13 F. SUBSTANCE ABUSE PROGRAM............................................................. 14 1. Statement of Policy.........................................................................14 2. Definition.........................................................................................15 3.. Policy and Work Rule ............................................ ......................15 3 Page 339 of 735 A. SAFETY: YOUR LIFE DEPENDS ON IT DEPEND ON YOU We depend on our employees to work smoothly and efficiently. Our employees depend on us to provide safe work environments. This relationship is essential to guarantee a successful future for our company and our industry. Our safety program, designed to protect our employees, the public and our job sites, is the keystone of all our operations. Although shortcuts and skipped procedures seem to cut time and cost, the long term effects of such disregard to safety precautions are devastating. We strongly agree that a construction company cannot operate unless everyone remains aware of job site safety. The Madsen/Barr safety team does not just consist of a few managers reciting safety procedures, the entire company - - all employees - - remain involved in our safety awareness and accident avoidance procedures. We remain dependent on each other. 1. Rules and Regulations a. No alcohol and/or drugs to be purchased, transported, handled, consumed or the like by any Madsen/Barr employee during working hours or while in, on, around any Madsen/Barr vehicle, equipment, job site, yard, office or the like. b. Hard Hats to be wom by all underground division employees and all employees working in manholes and/or operating overhead equipment. C. Safety Goggles/Glasses to be used during all operations involving sawing, grinding, chipping, cutting, blasting or the like. d. Ear Plugs to be used during all operations involving steam processing, blasting, jetting, vacuuming, or the like where noise levels warrant their use. e. Gas Detectors to be used prior to entering any existing manhole or confined space. f. Safety Harness to be used prior to entering any manhole or confined space with a depth of four feet or greater. This procedure must be used in conjunction with an attendant. 4 Page 340 of 735 A. SAFEW (Con4 iinuedl g. ®cess Code requires that all employees must where long pants, sleeved shirts and work shoes or boots (no tennis shoes). h. adders must be utilized for entering or exiting purposes on all manholes, wet wells, confined spaces, trenches,* excavations, pits, french shields or the like. L Trench Shields requirements such as mules, shoring, sheeting, dewatering or the like to be determined by the competent person and manager on a job by job basis. j. Mechanical Blowers to be used prior to and during the entering of any existing manhole or confined space. k. Tm fic vests are required to be worn by any employee working in street or roadway environments. 1. No smoking is permitted in manholes, confined spaces, fueling operations or the like. 2. Meetings and Record weeping a. Divisional managers are responsible for holding safety meetings. b. Divisional managers are required to hold safety meetings and safety updates at a minimum of one per week. c. Divisional managers are required to keep records of these meetings, correspondence, updates mentos and the like. These records are kept on file in a neat and orderly fashion.- 3. ashion:3. Fines and Penalties a. Employees who violate rule number A -9-a (Alcohol an.dlor drugs) are to be terminated at once. b. Employees who violate any other safety procedures will be reprimanded as follows: I st offernae m verbal warning from Manager or superintendent. 5 Page 341 of 735 A. SAFETY (Continued) 2nd offense - Written gaming from divisional manager and copy filed at main office. r 3rd offense - Employee will he excused for the neat work day without pay. 4th offense e Employee will he excused for the next 5 work days without pay. 5th offense a Employee termination. �e Workm2 's Compensation Accident & Claim PFoceduire a. Managers, superintendents, foremen, operators, laborers, and all employees should ask themselves the " common sense" questions every time they start a new project with a new location. "if there was an accident.... Where is the closest hospital? Where is the nearest phone? What would I do if an accident occurs?" b. If an accident occurs on your jobsite, the attending employee should follow these steps: Obtain medical help as soon as possible for injured party if required. 2. Contract the police, fire or rescue if required as soon as possible. 3. Contact main office for notification as soon as possible. 4. Contact manager for notification and assistance as soon as possible. 5. Stay in constant communication with the main office andlor manager until injured employee is under professional medical care. C. Once the injured parlay is under professional medical care, the manager is responsible for the following: 1. Notifying the main office as soon as possible of the accident so that a full and detailed report can be filed -` with workman's comp personal 6 Page 342 of 735 A. SAFETY (Continued) 2. 14 rJk Secure any police, fire or rescue reports if used and forward to main office. Sketch and photograph the accident site for clarification and forward to the main office. Correct the cause of the accident to insure it cannot happen again. 5. If the injured employee has violated any safety policy rule or regulation which related to this accident, make sure it is noted in the accident report and personnel file of the individual. Vehicie Accident Claim Procedure if a Madsen/Barr vehicle, trailer, truck or unit of equipment is involved in an accident without bodily injury to an employee, the following procedure should apply. (NOTE: If personal injury is involved, see A -4-b.) a. Secure accident site so that no other injuries or accidents are caused. b. Contact police, fire or rescue if required. C. Contact main office for notification and assistance. d. Contact manager for notification and assistance. e. Give manager complete report including names, addresses, insurance carriers, police reports, fire reports, sketches and photographs if applicable. Employee involved in a vehicular accident of any occurrence shall be subjected to a drug screening within 24 hours of the accident date. 9. Manager to give written report to main office with all pertinent facts as soon as possible. 7 Page 343 of 735 AQ SAFEE 1`Connued) 6. OSHA Procedure Managers should prepare themselves and their crews for the procedure to be used if OSHA was to visit the job site. Procedure Should include the following policy, a. Superintendent/foreman should ask OSHA Inspector for his/her credentials. Copy down their name and address or get their business card. Immediately begin taking notes on how they introduced themselves; when they arrived, what they did. Politely ask the Inspector to wait until the Madsen/Barr Corporations designated representative arrives. Call your area manager at once to arrange this. Call the main office. b. Shut down operations and safely secure the job site at once. c. Do not answer any questions or supply any written material. Leave that to the safety representative. d. If the OSHA inspector begins the inspection before the Madsen/Barr Safety Representative arrives, take notes on everything said and done. If they take a measurement; you "take the same measurement. e. Take pictures of the Inspector performing the inspections and of everything he takes pictures of. OSHA has no authority to give orders on the job. Do no do anything they say. Job site safety is Madsen/Barrs responsibility. Do not agree with anything the Inspector says as you may be interpreted as admitting there is a violation when none actually mists. 8 Page 344 of 735 CUSTOMER SATISFACTION 1. Utility Locations Before any trenching or excavations can take place by Madsen/Ba ' rr Corporation employees, they must first have served utility locations from any and all private and public utility companies. NOTE: UTILITY LOCATIONS TAKE A MINUMUM OF 48-HOUR NOTICE. PLEASE -PLAN YOUR EXCAVATIONS ACCORDINGLY. 2. Client/Customer Communications Please be advised that due to our constant movement in the utilities industry, it is very imperative that we notify our clients/customers of our work schedules as soon as necessary. 3. Expanding Our Client/Customer Base Please be advised that our Utility repairs and maintenance has a great interest to all forms of municipal, county and state governments. As these persons visit our job sites, be as courteous and informative as possible to help them understand our procedures and process. 4. Customer/Resident Advance Warning Cards Please be advised that it is our company policy to advise the residents and/or businesses in the immediate area that we are working with utilities. Water usage restriction cards must be handed out prior to our crews repairing in that particular area. These procedures work to instill trust with the taxpayers for whom we provide our service. Page 345 of 735 EQUIPMENT R Service/Maintenance Reporting System a. Each divisional manager is responsible for maintaining his or her fleet of equipment. b. Each divisional manager shall keep records of servicelmaintenance history of his fleet on file at his home office. c. Each divisional manager is responsible for submitting a summary of service and maintenance on his fleet to the main office on the first Monday of every month. The summary shall include the following information as a minimum: Unit Number til. Description of Unit ii. Mileage and/or hours of unit _ iv. Date of servicelmaintenance, if applicable V. Mileage andfor hours of servicelmaintenance, if applicable. vi. Description of servicelmaintenance, if applicable. vii. Mileage and/or hours next service date. This information will be entered into the new computer system for complete fleet monitoring and cost analysis. �m Quick Check Service Tags —' Each divisional manager shall be responsible for insuring that all units maintain their current service yellow tags. These tags are used as a reminder to the operations as to when the periodic service requirements are needed. This procedure is deployed so that any individual can readily check to see when any unit has been serviced and when the next service is due. NOTE: IF ANY UNIT IS BEING OPERATED \MTHOUT THE SERVICE IDEN-171FICATION TAG, IT WILL BE SMUT DOWN UNTIL, THE POLICY IS CORRECTED. to Page 346 of 735 C EQUIPMEwed) 3. Equipment Appearance Record Keeping Our frrn prides itself on the appearance and proper maintenance of its fleet of equipment. All employees should strive to insure that the units in our fleets be kept clean, neat, washed and. in good working condition. NOTE: ABUSIVE USE OF ANY MADSENIBARR FLEET EQUIPMENT IS SUBJECT FOR EMPLOYEE DISMISSAL. 11 Page 347 of 735 D. PRODUCTION 1 Key to Success Production is the key to our firm's success. We strive to o, ' btain maximum efficiency and production without jeopardizing safety. 2. Overtime Overtime relates to production and is an important part of our organization. However, overtime hours must be utilized to increase and promote production. 3. Rate of Production This relationship is what separates our firm's from others. We must always strive for the highest rate of production as possible without jeopardizing safety or production. 12 Page 348 of 735 �. EMPLOYEE BENEFITS 1. Vacation Pay a. The maximum number of vacation days allowed with pay will not exceed five (5) days, until after one (1) year of service. b. You may elect to cash in your vacation days(s) at the end of the calendar year (December 315'). We will no longer pay an employee for cashed in vacation time until the end of the year. C. Vacation days are not cumulative. You either use the days or loose them. 2. Holiday Pay a. Employees will be paid for the following holidays: New Year's Day Memorial Day July 4�h Labor Day Thanksgiving Day Christmas Day NOTE: 11 any of these holidays fall on Saturday or Sunday - no pay will be provided. 3. Health Insurance a. Madsen/Barr Corporation is going to have a group Health Insurance Plan. This plan will have coverage for Medical; Dental and Vision. 13 Page 349 of 735 E. SUBSTANCE ABUSE PROGRAM 1. Statement of Policy Madsen/Barr Corporation acknowledges the problem of substance abuse (including alcohol) in our society. Furthermore, we see substance abuse as a serious threat to our staff and customers. We are addressing this problem by implementing the following procedures to ensure that Madsen/Barr Corporation will have a drug-free workplace. The ultimate goal of this policy is to balance our respect for individual privacy with -our need to keep a safe, productive, drug- free environment. Drug and alcohol addiction is a complex, yet treatable, disease. Our commitment to eradicating substance abuse in the community reflects our firm belief that by helping to build this community, we build our company. While M2dsenl32rr Corporation understands employees and applicants under a physician's care are required to use prescription drugs, abuse of prescribed medications will be dealt with in the ' same manner as the abuse of illegal substances. With these basic objectives in mind, Madsen/Barr Corporation has established the following policy, with regard to use, possession or sale of alcohol and drugs_ All drug and alcohol testing will be done under current Department of Transportation (DOT) guidelines. 2< Definition a. "Legal Drug" includes prescribed drugs and over the counter drugs which have been legally obtained and are being used solely for the purpose for which they were prescribed or manufactured. b. "illegal Drug" 1) which is not legally obtainable; 2) which may be legally obtainable but has not been legally obtained; or - 3) which is being used in a manner or for a purpose other than as prescribed. 14 - Page 350 of 735 F SUBSTANCE ABUSE PROrp&hI ontinued) 3. Policy and Work Rube Madsen/Barr Corporation is committed to creating and maintaining a drug-free workplace. Our policy is to employ a work force free from use,of illegal drugs and abuse of alcohol. Any employee determined to be in violation of this policy is subject to disciplinary action, which may include termination, even for the first offense. In order to maintain this commitment, Madsen/Barr Corporation will establish the programs and rules set forth as follows: a. General Procedures - Any employee reporting for work who is reasonably believed to be under the influence or in possession of illegal drugs or alcohol will not be allowed to work. The employee's supervisor should have the employee observed by a second supervisor or manager to witness the condition of the employee. Any employee reasonably believed to be under the influence of illegal drags or alcohol will be escorted to a Madsen/Barr Corporation authorized testing agent so that a urine test may be performed for the purpose determining the presence of illegal drags or alcohol. A positive test will result in immediate termination or suspension without pay. Workman's compensation and unemployment insurance are not paid for accidents, suspension, or termination due to drugs or alcohol. b. Pre-empiovrrrent Drug Abuse Screening - All job applicants at Madsen/Barr Corporation will undergo screening for the presence of illegal drugs or alcohol as a condition for employment. Any applicant with positive test results will be denied employment at that time, but may initiate another inquiry with the company after six months. Madsen/Barr Corporation will not discriminate against applicants for employment because of past abuse of drugs or alcohol. It is the current abuse of drugs and alcohol which prevents employees from properly performing their jobs that Madsen/Barr- Corporation will not tolerate. Employees that test positive after employment may re -test within thirty days. A retest after a positive result will be done at the employees expense with the approval of their supervisor. L5 Page 351 of 735 F. SUBSTANCE ABUSE PROGRAM (Continued) C. Current Employee Dr€ia and Alcohol Abuse 1g_3 a lvi2dsenfB2rr Corporation will maintain screening practices to identify employees who use illegal drugs or abuse alcohol, either on or off the job. It shall be a condition of continued employment for all employees to submit to drug screen: 9) when there is a reasonable suspicion to believe that an employee is using or has used illegal drugs or abusing or has abused alcohol. 2) when there is any mishap or accident involving the employee in which injury to persons or damage to property has occurred; 3} upon return from extended absences. 4) random testing in accordance with DOT guidelines: a) all new employees will be tested (pre- employment test). b) Current employees will be tested before r promoted or transferred from a non -driving to a driving or safety -sensitive position. Safety - sensitive positions include, but are not limited Ao: L driving ii. tirrle waiting to be dispatched iii. inspecting or servicing equipment iv. loading or unloading - including assisting and/or supervising the operation V. securing vehicle following an accident A repairing or attending a disabled vehicle. C) random drug testing for all personnel so that a: minimum of 50% of all CDG drivers are tested each year for drugs H. minimum! of 50% of all remaining personnel are tested each year for t drugs 16 Page 352 of 735 F. SUBSTANCE ABUSE PROGRAM (Qontinued� minimum of 25% of all CDL drivers are tested each year for alcohol iv. minimum of all remaining personnel are tested each year for alcohol [its R 1,117-14 Idea W.W11=- 1) Illegal Drug Use - Any employee bringing onto the Company's premises, property or job sites, having possession of, being under the influence of, possessing in the employee's body, blood or urine in any detectable amount, or using, consuming, transferring, selling or attempting to sell or transfer any form of illegal drug as defined above while on Company business or at any time during the hours between the beginning and ending of the employee's work day, whether on duty or not, and whether on Company business, property or not, is guilty of misconduct and is subject to discipline, including discharge or suspension without pay from employment, even for the first offense. Failure to submit to required medical or physical examinations or tests is misconduct and is grounds for discharge or suspension without pay from employment. 2) Alcohol Abuse - Any employee who is under the influence of alcohol at any time while on Company business or at any time during the hours between the beginning and ending of the employee's work day, whether on duty or not and whether on Company business or property or not, shall be guilty of misconduct and is subject to discipline, including discharge or suspension without pay from employment, even for the first offense. An employee shall be determined to be under the influence of alcohol if a) the employee's normal facilities are impaired due to consumption of alcohol, or 17 Page 353 of 735 F SUBSTANCE ABUSE PROGRAtyI (Continued) b) the employee has a blood alcohol level of .05 or higher. Failure to submit to required medical or physical examinations or tests is misconduct and is grounds for discharge or suspension without pay from employment. 18 Page 354 of 735 F. SUBSTANCE ABUSE PROGRAM (Continued) ACKNOWLEDGED RECEIPT OF SUBSTANCE ABUSE PROGRAM SIGNATURE: DATE: 1, , acknowledge receipt of Madsen/Barr Corporation's Substance Abuse Program. 1 completely understand that I am subject to termination should 1 not comply with this policy. 19 Page 355 of 735 MADSEN /RARR CORPORATION Engineering Contractors o Sewer - Water c Drainage Al ARIR - ' Broward: (954) 489-7773 m Palm Beach: (561) 753-6363 o Fax: (561) 753-6382 ' ' ' • ' • E-mail: madsenbarr@earthlink.net SECTION G: FIRST AID PROCEDURES EMERGENCY CONTACT NUMBERS: F1 RE -POLICE -AM BU LANCE 9-1®1 SAFETY DIRECTOR: JOHN BARR (954)-401-6758 POISON CONTROL: (800)-222-1222 12113 Indian Mound Road, Wellington, Florida 33.449 (North Office) 3600 S. State Road 7 (441), Suite 311, Miramar, Florida 33023 (South Office) Page 356 of 735 FIRST AED PROCEDURES Minor First Aid Treatment First aid kits are stored in the front office and in the employee lounge. If you sustain an injury or are involved in an accident requiring minor first aid treatment: * Inform your supervisor. * Administer first aid treatment to the injury or wound. * If a first aid kit is used, indicate usage on the accident investigation report. Q. Access to a first aid kit is not. intended to be a substitute for medical attention. Provide details fbr the completion of the accident investigation report. Non -Emergency Medical Treatment For non -emergency work-related injuries requiring professional medical assistance, management must first authorize treatment. If you sustain an injury requiring treatment other than first aid: ® Inform your supervisor. ® Proceed to the posted medical facility. Your supervisor will assist with transportation, if necessary- * Provide details for the completion of the accident r investigation report. Einergency Medical'Treatment If you sustain a severe injury requiring emergency treatment: • Call for help and seek assistance from a co-worker. • Use the emergency telephone numbers and instructions posted next to the telephone in your work area to request assistance and transportation to the local hospital emergency room. Provide details for the completion of the accident investigation report. First Aid Training Each employee will receive training and instructions from his or her supervisor on our first aid procedures. Page 357 of 735 --,� FIRST AID INSTRUCTIONS In all cases requiring emergency medical treatment, immediately call, or have a co-worker call, to request emergency medical assistance. Wounds: Minor: Cuts, lacerations, abrasions, or punctures o Wash the wound using soap and water; rinse it well. ® Cover the wound using clean dressing. Major: Large, deep and bleeding a Stop the bleeding by pressing directly on the wound, using a bandage or cloth. ® Keep pressure on the wound until medical help arrives. Broken Bones: • Do not move the victim unless it is absolutely necessary. a If the victim must be moved, "splint" the injured area. Use a board, cardboard, or rolled newspaper as a splint. Burns: Thermal (Heat) o Rinse the burned area, without scrubbing it, and immerse it in cold water; do not use ice water. ® Blot dries the area and cover it using sterile gauze or a clean cloth. Chemical ^ Flush the exposed area with cool water immediately for 15 to 20 minutes. 0 E,ye Injury: Small particles ® Do not rub your eyes. Use the corner of a soft clean cloth to draw particles out, or hold the eyelids open and flush the eyes continuously with water. Large or stuck particles • If a particle is stuck in the eye, do not attempt to remove it. a Cover both eyes with bandage. Chemical Immediately irrigate the eyes and under the eyelids, with water, for 30 minutes. Neck and Shine Injury: ® If the victim appears to have injured his or her neck or spine, or is unable to move his or her arm or leg, do not attempt to move the victim unless it is absolutely necessary. Meat Exhaustion: o Loosen the victim's tight clothing. ® Give the victim "sips" of cool water. Make the victim lie down in a cooler place with the feet raised. Page 358 of 735 .r SECTION ACCIDENT INVESTIGATION Accident Investigation Procedures The supervisor at the location where the accident occurred will perform an accident investigation. The safety coordinator is responsible for seeing that the accident investigation reports are being filled out completely, and that the recommendations are being addressed. Supervisors will investigate all accidents, injuries, and occupational diseases using the following investigation procedures: 0 Implement temporary control measures to prevent any further injuries to employees. ® Review the equipment, operations, and processes to ,gain an understanding of the accident situation. © Identify and interview each witness and any other person who might provide clues to the accident's causes. ® Investigate causal conditions and unsafe acts; make conclusions based on existing facts. o Complete the accident investigation report. o Provide recommendations for corrective actions. 6 Indicate the need for additional or remedial safety training. Accident investigation reports must be submitted to the safety coordinator within 24 hours of the accident. Page 359 of 735 OYNTON BE, .N.IRSAAM`EmND;:�E., r"GENCY SERVIC FORWATER DISTIM"IBUTIO.N., EWATMCOLLECTION AND ST( , MIll. 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CO ti N mmmmm mmm mm v CL m dik N 6a-0 % 3 C) $ % -a J % 4�q kCL= ® '0 7 X- 4 70 0' % �, & 2 CL ca qG0 .§ U LL / o E�% 0—o 209 c CD / CD con fn � 2 @ g o—a2 0f40— k / C6 R k k k Co 0,401 X02 kƒ K E f 3 � CL 0 E / LL U) L C� R m �L £« Q CL S-- 3: a) G * a EILk J \ » ƒQ2 @ ƒk2 m 7"/ �k3 k k &/$ %*R 2 0 0 % n ca �/� CO ,k @ = > c ca / / o E_// . g Cl) ƒ/$ O � CUa) Z 2 U LU �f S /2/ Ife @ E o — �2�3 C14 kU) § ca @ko o m 0 E cok 2 0 / -.§ 2 �k/mak ®� o CC Qƒ)2 a [ @ c / co a) B 2 ? m k — k % a) CD /a)co>LL o ®—a CO 2oR k�2k-x/ E 04G R o @ Co £ / — U) @ � U u Q o k LU Q a) EC m cu w c cu o-0 6a-0 % 3 C) $ % -a J % 4�q kCL= ® '0 7 X- 4 70 0' % �, & 2 CL ca qG0 .§ U LL / o E�% 0—o 209 c CD / CD con fn � 2 @ g o—a2 0f40— k / C6 R k k k Co 0,401 X02 kƒ K E f 3 � CL 0 E / LL U) L C� R m �L £« Q CL S-- 3: a) G * a EILk J \ » ƒQ2 @ ƒk2 m 7"/ �k3 k k &/$ %*R 2 0 0 % n ca �/� CO ,k @ = > c ca / / o E_// . g Cl) ƒ/$ O � CUa) Z 2 U LU �f S /2/ 5 Fkg ca C14 kU) § ca cu co o -a L a)k2 U2� \ k b 0 \7 ¥@ƒ LL 'k2 E § CU cuA 2oR 7§± cn Cacnk .% C:) 7 2 ƒ>s 0 >m K Elk E SRI Q E5x U) L -a @ 5 MADSEN /BARR CORPORATION Engineering Contractors , Sewer • Water • Drainage ( r Broward: (954) 489-7773 • Palm Beach: (561) 753-6363's Fax: (561) 753-6382 E-mail: madsenbarr®earthlink.net CORPORATION 1� CITY of BOYNTON BEACH BID #019-2821-19/IT "REPAIRS and EMERGENCY SERVICES for WATER DISTRIBUTION, WASTEWATER COLLECTION and STORM WATER UTILITY SYSTEMS" ATTACHMENTS: 1.) SCENARIO #1 2.) SCENARIO #2 3.) SCENARIO #3 4.) SCENARIO #4 12113 Indian Mound Road, Wellington, Florida 33449 (North Office) 3600 S. State Road 7 (441), Suite 311, Miramar, Florida 33023 (South Office) Page 380 of 735 MADSEN /BARR CORPORATION Engineering Contractors • Sewer • Water • Drainage Broward: (954) 489-7773 • Palm Beach: (561) 753-6363 • Fax: (561) 753-6382 E-mail: madsenbarr@earthlink.net COST ESTIMATE—APRIL 1, 2019 SOLD TO: CITY of BOYNTON BEACH 3301 QUANTUM BLVD., SUITE 101 UNIT PRICE BOYNTON BEACH, FLORIDA 33426 SHIP TO: CITY of BOYNTON BEACH 1 UTILITIES DEPARTMENT $ 700.00 124 EAST WOOLBRIGHT ROAD 700.00 BOYNTON BEACH, FLORIDA 33435 ATTENTION: MR. JOSEPH PATERNITI, P.E., UTILITY DIRECTOR CC: MR. TREMAINE JOHNSON, MANAGER FIELD OPERATIONS $ MR. T.HORLEY JOHNSON, SUPERVISOR WASTEWATER SUBJECT: CITY of BOYNTON BEACH �.1 CORPORATION 1� GRAVITY SEWER EXCAVATED POINT REPAIR 8 -INCH SEWER, DEPTH 16.0 VF, REPLACE SEWER LATERAL LOCATION: REAR -YARD EASEMENT RESIDENTIAL SCOPE of WORK: Emergency Mobilization, Utility Locations, Notifications, MOT, Excavate, Dewater, Shore, Trench Safety, By-pass Pumping, Repair Existing 8 -Inch Gravity Sewer (10 LF of C-900 PVC), Reconstruct 6 -Inch Sewer Lateral and Cleanout, Backfill, Compact, Proctors, Densities, Restoration of Sod (2,600 SF), Water Sod, Final Cleanup and Demobilize. CONTRACT: CITY of BOYNTON BEACH, PROJECT # 019-2821-19/IT "REPAIRS and EMERGENCY SERVICES for WATER DISTRIBUTION, WASTEWATER COLLECTION and STORM WATER UTILITY SYSTEMS" FURNISH and INSTALL: ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL GC -1 Emergency Mobilization (Rear Easement) 1 LS $ 700.00 $ 700.00 GC -8 MOT Residential Street .5 EA. $ 225.00 $ 112.50 GC -12 Density Tests 2 EA $ 18.00 $ 36.00 GC -13 Proctor Tests 0 EA. $ 75.00 $ 0.00 SWR -11 8 -Inch PVC C-900 Sewer Main (Rear) 10 LF $ 365.00 $ 3,650.00 SWR -101 Reconstruct 6 -Inch Lateral and CO (Single) 1 EA. $ 5,575.00 $ 5,575.00 R-14 Floratam Sod replacement >1000 SF 2600 SF $ 1.75 $ 4,550.00 R-16 Water and Irrigate Sod 2.5 HR. $ 62.50 $ 156.25 BP -1 Bypass 8 -Inch Sewer Set Up 1 EA. $ 225.00 $ 225.00 BP -5 Bypass4-Inch'Pump .5 DAY $ 1,025.00 $ 512.50 WP -2 Well Point System .75 DAY $ 3,250.00 $ 2,437.50 TOTAL COST ESTIMATE **************************** $ 17,954.75 NOTES: 1.) PERMITS and/or FEES NOT INCLUDED. 12113 Indian Mound Road, Wellington, Florida 33449 (North Office) 3600 S. State Road 7 (441), Suite 311, Miramar, Florida 33023 (South Office) Page 381 of 735 MA►DSEN /BARR CORPORATION r Engineering Contractors * Sewer * Water * Drainage Broward: (954) 489-7773 * Palm Beach: (561) 753-6363 * Fax: (561) 753-6382 E-mail: madsenbarr@earthlink.net COST ESTIMATE — APRIL 1, 2019 (,SCENARIO # 2d 1 7;9 �, CORPORATION 1� SOLD TO: CITY of BOYNTON BEACH UNIT 3301 QUANTUM BLVD., SUITE 101 TOTAL BOYNTON BEACH, FLORIDA 33426 SHIP TO: CITY of BOYNTON BEACH LS UTILITIES DEPARTMENT 700.00 124 EAST WOOLBRIGHT ROAD 700.00 BOYNTON BEACH, FLORIDA 33435 ATTENTION: MR. JOESPH PATERNITI, P.E., UTILITY DIRECTOR CC: MR. TREMAINE JOHNSON, MANAGER FIELD OPERATIONS SUBJECT: CITY of BOYNTON BEACH 16 -INCH SEWER FORCE MAIN REPAIR 16 -INCH DIP FM, DEPTH 4.0 VF LOCATION: FDOT RIGHT -of -WAY SCOPE of WORK: Emergency Mobilization, Utility Locations, Notifications, FDOT MOT, Excavate, Dewater, Shore, Trench Safety, Repair Existing 16 -Inch FM with Epoxy Pipe and Fittings (6 LF), Backfill, Compact, Proctors, Densities, Assist City with any Cleanup Operations from FM, Restoration of 400 SF of FDOT Asphalt and 1,500 SF of FDOT Bahia Sod and Water, Final Cleanup and Inspection, Demobilize. CONTRACT: CITY of BOYNTON BEACH, PROJECT # 019-2821-19/IT "REPAIRS and EMERGENCY SERVICES for WATER DISTRIBUTION, WASTEWATER COLLECTION and STORM WATER UTILITY SYSTEMS" FURNISH and INSTALL: ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL GC -2 Emergency Mobilization (Right -of -Way) 1 LS $ 700.00 $ 700.00 GC -10 MOT DOT Roadway 1 EA. $ 1,125.00 $ 1,125.00 GC -12 Density Tests 2 EA. $ 18.00 $ 36.00 GC -13 Proctor Tests 0 EA. $ 75.00 $ 0.00 SWR -90 16 -Inch DIP Epoxy Lined FM (Right -of -Way) 6 LF $ 155.00 $ 930.00 SWR -103 DI Fittings for Wastewater FM .08 TN. $ 8,975.00 $ 718.00 SWR -110 16 -Inch Mega -Lug for DIP 4 EA. $ 212.00 $ 848.00 R-12 Bahia Sod replacement >1000 SF 1500 SF $ 0.90 $ 1,350.00 R-16 Water and Irrigate Sod 1.5 HR. $ 62.50 $ 93.75 R-17 Remove/Dispose existing Asphalt 22 SY $ 22.00 $ 484.00 R-22 1-1/2 Inch SP 12.5 First Course (FDOT) 44 SY $ 85.00 $ 3,740.00 R-28 8 -Inch limerock Base/Primed 44 SY $ 53.00 $ 2,332.00 R-29 12 -Inch Compacted Subgrade 98%, T-180 44 SY $ 23.00 $ 1,012.00 TOTAL COST ESTIMATE **************************** $ 13,368.75 NOTES: 1.) PERMITS and/or FEES NOT INCLUDED. 12113 Indian Mound Road, Wellington, Florida 33449 (North Office) 3600 S. State Road 7 (441), Suite 311, Miramar, Florida 33023 (South Office) Page 382 of 735 MADSEN /BARR CORPORATION Engineering Contractors • Sewer Water • Drainage 41D Broward: (954) 489-7773 • Palm Beach: (561) 753-6363 • Fax: (561) 753-6382 E-mail: madsenbarr®earthlink.net COST ESTIMATE — APRIL 1, 2019 SOLD TO: CITY of BOYNTON BEACH UNIT 3301 QUANTUM BLVD., SUITE 101 TOTAL BOYNTON BEACH, FLORIDA 33426 SHIP TO: CITY of BOYNTON BEACH LS UTILITIES DEPARTMENT 400.00 124 EAST WOOLBRIGHT ROAD 400.00 BOYNTON BEACH, FLORIDA 33435 ATTENTION: MR. MICHAEL R.T. LOW, DEPUTY DIRECTOR CC: MR. CHRISTOPHER ROSCHEK, P.E., ENGINEERING MANAGER SUBJECT: CITY of BOYNTON BEACH STORM WATER EXCAVATED POINT REPAIR 48 -INCH CAP DRAINAGE, DEPTH 10.0 VF LOCATION: CITY RIGHT -of -WAY SCOPE of WORK: Mobilization, Utility Locations, Notifications, MOT, Excavate, Dewater, Shore, Trench Safety, Repair Existing 48 -Inch Stormwater Drainage (20 LF of CAP), Backfill, Compact, Proctors, Densities, Restoration of Sod (3,000 SF), Water Sod, Final Cleanup and Demobilize. CONTRACT: CITY of BOYNTON BEACH, PROJECT # 019-2821-19/IT "REPAIRS and EMERGENCY SERVICES for WATER DISTRIBUTION, WASTEWATER COLLECTION and STORM WATER UTILITY SYSTEMS" FURNISH and INSTALL: ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL GC -4 Mobilization (Right -of -Way) 1 LS $ 400.00 $ 400.00 GC -8 MOT Residential Street 1 EA. $ 225.00 $ 225.00 GC -12 Density Tests 2 EA. $ 18.00 $ 36.00 GC -13 Proctor Tests 0 EA. $ 75.00 $ 0.00 STM -4648 -Inch CAP Storm Water 8/10'cut (ROW) 20 LF $ 445.00 $ 8,900.00 R-12 Bahia Sod replacement >1000 SF 3000 SF $ 0.90 $ 2,700.00 R-16 Water and Irrigate Sod 1.5 HR. $ 62.50 $ 93.75 WP -1 Well Point System .5 DAY $ 4,225.00 $ 2,112.50 TOTAL COST ESTIMATE **************************** $ 14,467.25 NOTES: 1.) PERMITS and/or FEES NOT INCLUDED. 12113 Indian Mound Road, Wellington, Florida 33449 (North Office) 3600 S. State Road 7 (441), Suite 311, Miramar, Florida 33023 (South Office) Page 383 of 735 MADSEM /BARR CORPORATION' �. Engineering Contractors • Sewer • Water • DrainageqW Broward: (954) 489-7773 • Palm Beach: (561) 753-6363 • Fax: (561) 753-6382 E-mail: madsenbarrOearthlink.net COST ESTIMATE —APRIL 1, 2019 ,SCENA►RIO # 4' SOLD TO: CITY of BOYNTON BEACH 3301 QUANTUM BLVD., SUITE 101 BOYNTON BEACH, FLORIDA 33426 SHIP TO: CITY of BOYNTON BEACH UTILITIES DEPARTMENT 124 EAST WOOLBRIGHT ROAD BOYNTON BEACH, FLORIDA 33435 ATTENTION: MR. JOSEPH PATERNITI, P.E., UTILITY DIRECTOR CC: MR. MICHAEL LOW, DEPUTY DIRECTOR MR. TREMAINE JOHNSON, MANAGER FIELD OPERATIONS SUBJECT: CITY of BOYNTON BEACH -MERGE-NC�,Y w3m,EFR MAIN VALVE REI?A►IR VSCENYNI 20 -INCH BUTTERFLY VALVE REPLACEMENT 20 -INCH DIP WATER MAIN LOCATION: FDOT RIGHT -of -WAY SCOPE of WORK: Emergency Mobilization, Utility Locations, Notifications, FDOT MOT, Excavate, Dewater, Shore, Trench Safety, Replace Existing 20 -Inch Butterfly Valve with 20 -Inch DIP and Fittings G .. (10 LF), Backfill, Compact, Proctors, Densities, Assist City with any Cleanup Operations from Water Main Break, Restoration of 500 SF of FDOT Asphalt, Final Cleanup and Inspection, Demobilize. CONTRACT: CITY of BOYNTON BEACH, PROJECT # 019-2821-19/I7 "REPAIRS and EMERGENCY SERVICES for WATER DISTRIBUTION, WASTEWATER COLLECTION and STORM WATER UTILITY SYSTEMS" FURNISH and INSTALL: ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL GC -2 Emergency Mobilization (Right-of-Way)1 LS $ 700.00 $ 700.00 GC -10 MOT DOT Roadway 1 EA. $ 1,125.00 $ 1,125.00 GC -12 Density Tests 2 EA. $ 18.00 $ 36.00 GC -13 Proctor Tests 0 EA. $- 75.00 $ 0.00 WTR-17 20 -Inch DIP Water Main (R -O -W) 10 LF $ 175.00 $ 1,750.00 WTR-23 Ductile Iron Fittings for Water Main .07 TN. $ 7,975.00 $ 558.25 WTR-30 20" Mega -Lugs for DIP 4 EA. $ 212.00 $ 848.00 WTR-62 20 -Inch Butterfly Valve & Valve Box 1 EA. $ 3,225.00 $ 3,225.00 R-22 1-1/2 Inch SP 12.5 First Course (FDOT) 55 SY $ 85.00 $ 4,675.00 R-28 8 -Inch limerock Base/Primed 55 SY $ 53.00 $ 2,915.00 R-29 12 -Inch Compacted 98%, T-180 55 SY $ 23.00 $ 1,265.00 TOTAL COST ESTIMATE **************************** $ 17,097.25 NOTES: 1.) PERMITS and/or FEES NOT INCLUDED. 2.) NO BID ITEM for 20 -INCH BUTTERFLY VALVE or 20 -INCH MEGALUGS. 12113 Indian Mound Road, Wellington, Florida 33449 (North Office) 3600 S. State Road 7 (441), Suite 311, Miramar, Florida 33023 (South Office) Page 384 of 735 _ V3�)4 H1.li BID FORM REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID No. 019-2821-19/IT The City of Boynton Beach is seeking the. services of a qualified Contractor for general repairs made to the City's Water Distribution, Wastewater Collection and Storm Water Systems on an 'as needed basis.' The scope generally consists of emergency repairs to various sizes of C-900 pipe for gravity sewer main; ductile iron pipe for force main and water distribution lines; various types of pipe for storm water conveyance; and concrete structures for wastewater and storm water systems. Set up and monitoring of bypass pumping; dewatering systems; and restoration related to landscaping, asphalt and concrete work may also be required as needed. The work shall be performed at various locations throughout the City of Boynton Beach and extended service areas. Submit one (1) original, one (1) copy along with one (1) electronic copy on a USB thumb drive of this form to: City of Boynton Beach, Florida, Procurement Services, 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Submitted By: 1-f. Date: &,'y i ( /L 2 019 (BIDDER) I / To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: In order to be considered for this project, the Bidder must have successfully completed a minimum of three (3) projects of similar scope and complexity over the past five (5) years, in the State of Florida, and must be able to document the required experience upon request. 1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to respond to requests by the City for repairs and emergency services on an as needed basis and to perform and furnish all WORK as specified at time of need. 2. The undersigned BIDDER understands that Purchase Order(s) will be issued based on Bid prices submitted in response to this Bid. 3. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that a. BIDDER has examined the Bid Documents, including the following addenda: Number Date Number Date � 031 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER I FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 69 Page 385 of 735 i FL Receipt of all of which is hereby acknowledged; b. BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the WORK. BIDDER has given the CITY written notice of all conflicts, errors or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 5. BIDDER proposes to furnish the WORK in conformity with the drawings and specifications and at the lump sum listed below. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. 6. BIDDER agrees that the WORK will be substantially completed within _120_ consecutive calendar days after the receipt of the Notice to Proceed and final completion will occur within _30_ consecutive calendar days after the Notice of Substantial Completion. 7. BIDDER accepts the provisions of the Contract as to liquidated damages in the event of failure to complete the WORK on time. 8. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 9. Other pertinent information is as follows: �r'od ' ob 19 66,yI 4 o gEa�1�1 1 Jrj o (�06+���I: T L X61- 5171 -00 Com License Number (Please Attach Copy) C((C (l}4 Federal Tax ID# Federal Employment ID # aa ST I 20a. Submitted on this / day of THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 70 Page 386 of 735 a. (If an individual, partnership, or non -incorporated organization) Signature i BIDDE G b. (If a corporation) (Affix Seal) Signature of BIDDEI B Attested b Secretar Incorporated under the laws of the State of A()ri dal BID PRICES WITHOUT THE MANUAL SIGNATURE OF AN AUTHORIZED AGENT OF THE BIDDER SHALL BE REJECTED AS NON-RESPONSIVE, NON -CONFORMING AND INELIGILE FOR AWARD. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 71 k Page 387 of 735 r ; The City of Boynton Beach Finance/Procurement Services P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-5310 FAX: (561) 742-5315 ADDENDUM No. 1 DATE: MARCH 19, 2019 BID TITLE: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID NO.: 019-2821-19/IT This addendum to the drawings, specifications, and/or contract documents is issued to provide additional information and clarification to the original Bid specifications and proposal form and is hereby declared a part of the original drawings, specifications and/or contract documents. In case of a conflict, this Addendum No. 1 shall govern. Words in stFikethFo gh type are deletions from existing text. Words in bold, underlined type are additions to existing text. 1. The bid opening date remains as April 1, 2019 at 2:30 PM. The location remains unchanged. 2. The Schedule of Bid Line Items with Scenarios - Attachment "E" is revised and attached herewith. The revised bid lines are shown in red font. Please include this revised Schedule of Bid Line Items with your bid submittal. Sincerely,'q / jh/ ` 0w A Tim W. Howard Assistant City Manager - Administration cc: Finance/Procurement Page 388 of 735 The City of Boynton Beach FinancelProcurenent Services P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6310 FAX.• (561) 742-6316 ACKNOWLEDGEMENT OF ADDENDUM No. 1 REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID NO.: 019-2821-19/IT RESPONDENT MUST SIGN, DATE AND INCLUDE THIS "ACKNOWLEDGEMENT OF ADDENDUM NO. 1 WITH BID PACKAGE IN ORDER TR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE. I '5rof 11 1U)96o,) res I S -Z, — PRINT NAME OF REPRESENTATIVE SI � r ,Ighn'xag— ��r_S . I,ir, NAME OF COMPANY TORS OREPRESENTATIVE 2 Page 389 of 735 CLARIFICATION AND QUESTIONS AND ANSWERS DATE: March 21, 2019 RFB No. 019-2821-19/IT - "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" Information included in this document will not have a material impact on the submittal for this solicitation. This document is issued for informational purposes only. It is not necessary to return or acknowledge it in the submittal. The following questions were submitted by prospective proposers prior to the deadline and are answered below in bold type: Q1: Will there be a pre-bid conference/meeting? Al: There will be no pre-bid meeting for this RFB. Q2: How will the bids be evaluated? A2: The bids will be evaluated based on the price proposals submitted for each of the four (4) scenarios listed at the end of the Schedule of Bid Items. Award of the contract will be based on the lowest, most responsive and responsible bids received. Q3: I see that there are (4) scenarios at the end of the bid item schedule however it doesn't appear that they will all be used. A3: Please refer to the answer to Question 2 above. Q4: I would assume bonding would be a requirement, how should it be included? A4: This is an emergency repair bid for emergency work. The City does not require performance and payment bonds. Q5: Will there be a public bid opening? A5: Yes, bid submittals will be received by the City of Boynton Beach, Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 on or before April 1, 2019, no later than 2:30 P.M. (local time) If you have, any further questions or require additional clarification, please e-mail Taralyn Pratt, Contract Coordinator, prattt(a,bbfl.us or phone (561) 742-6447. Sincerely, Tim W. Howard Assistant City Manager — Administration Services P The City of :,.,;,�; ; ..? , Boynton Beach r`lp Fin ance/ProcurementServices 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 .� .� P. 0. Box310 Boynton Beach, Florida 33425-0310 Telephone: (551) 742-5310 FAX: (561) 742-6316 CLARIFICATION AND QUESTIONS AND ANSWERS DATE: March 21, 2019 RFB No. 019-2821-19/IT - "Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems" Information included in this document will not have a material impact on the submittal for this solicitation. This document is issued for informational purposes only. It is not necessary to return or acknowledge it in the submittal. The following questions were submitted by prospective proposers prior to the deadline and are answered below in bold type: Q1: Will there be a pre-bid conference/meeting? Al: There will be no pre-bid meeting for this RFB. Q2: How will the bids be evaluated? A2: The bids will be evaluated based on the price proposals submitted for each of the four (4) scenarios listed at the end of the Schedule of Bid Items. Award of the contract will be based on the lowest, most responsive and responsible bids received. Q3: I see that there are (4) scenarios at the end of the bid item schedule however it doesn't appear that they will all be used. A3: Please refer to the answer to Question 2 above. Q4: I would assume bonding would be a requirement, how should it be included? A4: This is an emergency repair bid for emergency work. The City does not require performance and payment bonds. Q5: Will there be a public bid opening? A5: Yes, bid submittals will be received by the City of Boynton Beach, Procurement Services 3301 Quantum Blvd., Suite 101 Boynton Beach, FL 33426 on or before April 1, 2019, no later than 2:30 P.M. (local time) If you have, any further questions or require additional clarification, please e-mail Taralyn Pratt, Contract Coordinator, prattt(a,bbfl.us or phone (561) 742-6447. Sincerely, Tim W. Howard Assistant City Manager — Administration Services ATTACHMENT "E" REVISED PER ADDENDUM NO. 1 -ATTACHMENT 64,t !;Hbtath Di,;V� ITEM DESCRIPTION OF BID ITEM L�f p 1 I,&- 11 �, FIL (UNIT`' 1:1 3 T 0 U 11, tl3cj -Db� - -D GENERAL CONDITIONS --., GC -1 Emergency Mobilization/Demobilization Costs for Rear Easement repairs LS 3 (00 (2 GC -2_ Emergency Mobilization/Demobilization Costs for Utility Right of Way repairs LS_ -?p0 0 GC -3 NON -Emergency Mobilization/Demobilization Costs for Rear Easement repairs LS 2000 GC -4 NON -Emergency Mobilization/Demobilization Costs for Utility Right of Way repairs LS Ror? Q GC -5 Record Drawing LS IDOO GC -6 Construction Survey LS GC -7 Pre -During -Post Construction Digital Photos LS 3 -jQ GC -8 M.O.T. Residential Street EA 5-0 0 GC -9 M.O.T. City Arterial Roadway EA [,;o 0 GC -10 M.O.T. DOT Roadway EA I GC -11 Bacteriological Testing and Clearance of Water Mains (actual cost reimbursement by City) ALLOWANCE ITEM GC -12 Density Tests (actual cost reimbursement by City) --- --- GC-13 Proctor Tests (actual cost reimbursement by City) --- --- GC-14 Florida Bearing Value Tests (actual cost reimbursement by City) --- --- GC-15 LBR Test (Load Bearing Ratio) (actual cost reimbursement by City) --- --- GC-16 Concrete 12" x 6" Cylinder Test (actual cost reimbursement by City) --- --- GC-17 Applicable Permits (actual cost reimbursement by City) --- --- WASTEWATER Furnish & Install 8 -Inch PVC - C900 Sewer Main in Utility Right of Way at a depth of: SWR -1 0'- 6' FT Deep LF % —,'NR -2 6'- 8'FT Deep LF Z- 40 ,WR -3 8'- 10' FT Deep LF p 6-1 0 SWR -4 10'- 12' FT Deep LF 790 SWR -5 12'- 16' FT Deep LF I -?c> SWR -6 16'- 20' FT Deep LF Furnish & Install 8 -Inch PVC - C900 Sewer Main in Rear Easement at a depth of: SWR -7 0'- 6' FT Deep LF Z00 SWR -8 16'- 8' FT Deep LF SWR -9 8'-IO'FTDeep LF ?60 SWR -10 10'-12'FT Deep LF Z(30 SWR -11 12'- 16' FT Deep LF 3o0 SWR -12 16'- 20' FT Deep LF I Lfpo BP -1 Page 391 of 735 ATTACHMENT "E" FXr__V17U_U r -U -FX 1'4%J. I - hl 1 1 L__ ITEM DESCRIPTION OF BID ITEM UNIT TOTAL n Furnish & Install 10 -Inch PVC - C900 Sewer Main in Utility Right of Way at a depth of: NR -13 0'- 6' FT Deep LF SWR -14 6'- 8' FT Deep LF SQ SWR -15 8'- 10' FT Deep LF ?"K) SWR -16 10'- 12' FT Deep LF ?90 SWR -17 12'- 16' FT Deep LF 3 z 0 SWR -18 16'- 20' FT Deep LF I Q 10 Furnish & Install 10 -Inch PVC - C900 Sewer Main in Rear Easement at a depth of: SWR -19 0'- 6'FT Deep LF ?(0 SWR -20 6'- 8' FT Deep LF ? 50 SWR -21 8'- 10' FT Deep LF ?_ 10 SWR -22 10'- 12' FT Deep LF SWR -23 12'- 16' FT Deep LF SWR -24 16'- 20' FT Deep LF ((30 Furnish & Install 12 -Inch PVC - C900 Sewer Main in Utility Right of Way at a depth of: SWR -25 0'- 6' FT Deep LF 220 SWR -26 6'- 8' FT Deep LF 26,0 SWR -27 8'- 10' FT Deep LF tjo SWR-28 10'- 12TT Deep LF 500 SWR -29 12'- 16' FT Deep LF c(o SWR -30 16'- 20TT Deep LF Furnish & Install 12 -Inch PVC - C900 Sewer Main in Rear Easement at a depth of: SWR -31 0'- 6' FT Deep LF zz SWR -32 6'- 8' FT Deep LF 17z' C, SWR -33 8'- 10' FT Deep LF 260 SWR -34 10'- 12' FT Deep LF 3oo SWR -35 12'- 16' FT Deep LF 3 16'- 20' FT Deep LF c Furnish & Install 16 -Inch PVC - C900 Sewer Main in Utility Right of Way at a depth of - SWR -37 0'- 6' FT Deep LF Z 5__ SWR -38 6'- 8' FT Deep LF 0 SWR -39 8'- 10' FT Deep LF �QO SWR -40 10' - 12' FT Deep LF (-100 SWR -41 112'- 16' FT Deep LF 'S0 0 SWR -42 116'- 20TT Deep LF 1400 11C, `0 4 fps 1- n b—'54Z BP -2 Page 392 of 735 - ATTACHMENT "E" RGVI%7C6J rGR KVUC-IVVVIYI INW- 1 - MI 1/YC+r7IVIGI'M 1 C -- ITEM ITEM DESCRIPTION OF BID ITEM UNIT TOTAL Furnish & Install 16 -Inch PVC - C900 Sewer Main in Rear Easement at a depth of: `NVR -43 0'- 6' FT Dee LF )M/R-44 6'- 8' FT Deep LF 25 SWR -45 8'- 10' FT Deep LF SWR -46 10'- 12' FT Deep LF c ZO SWR -47 12'- 16' FT Deep LF 30 SWR -48 16'- 20' FT Deep LF b Furnish & Install 20 -Inch PVC - C900 Sewer Main in Utility Right of Way at a depth of: SWR -49 0'- 6' FT Deep LF SWR -50 6'- 8' FT Deep LF �. r SWR -51 8'- 10' FT Deep LF 0ij SWR -52 10'- 12' FT Deep LF 11-00 SWR -53 12'- 16' FT Deep LF SWR -54 16'- 20' FT Deep LF I ', Furnish & Install 20 -Inch PVC - C900 Sewer Main in Rear Easement at a depth of: SWR -55 0' - 6' FT Deep LF 3 Zp SWR -56 6'- 8' FT Deep LF 3 SWR -57 8'- 10' FT Deep LF QOO SWR -58 10'- 12' FT Deep LF G SWIG -59 12'- 16' FT Deep LF 6Q SWR -60 16'- 20' FT Deep LF p Furnish & Install 24 -Inch PVC - C900 Sewer Main in Utility Right of Way at a depth of: SWR -61 0' - 6' FT Deep LF 32 SWR-62 6' - 8' FT Deep LF 3170 SWR -63 8'- 10' FT Deep LF Z SWR -64 10'- 12' FT Deep LF O SWR -65 12'- 16' FT Deep LF Z SWR -66 16'- 20' FT Deep LF Z Furnish & Install 24 -Inch PVC - C900 Sewer Main in Rear Easement at a depth of: SVR -67 0'- 6' FT Deep LF 3 SWR -68 6' - 8' FT Dee LF O SWR -69 8'- 10' FT Deep LF Q SWR -70 10'- 12' FT Deep LF SWR -71 12'- 16' FT Deep LF b5-1? SWR -72 116'- 20' FT Deep LF 57 BP -3 Page 393 of 735 ATTACHMENT "E" r%Cvra7CLJ 1 -CR /YLJLJCIYLJVIYI IYV. 1 - P-tI 1/'-%%0nIY1GI'M 1 F -- ITEM ITEM DESCRIPTION OF BID ITEM UNIT TOTAL Furnish & Install 8 -Inch Epoxy Lined DIP Sewer Force Main in Utility Right of Way at a depth of: —11" NR -73 0'- 3' FT Deep LF $ SWR -74 3'- UFT Deep LF SWR -75 6'- 8' FT Deep LF `J SWR -76 8'- 10' FT Deep LF Furnish & Install 8 -Inch Epoxy Lined DIP Sewer Force Main in Rear Easement at a depth of: SWR -77 0'- TFT Deep LF SWR -7813'- UFT Deep LF SWR -79 6'- 8' FT Deep LF Z 5 SWR -80 8'- 10' FT Deep LF 3 5 Furnish & Install 10 -Inch Epoxy Lined DIP Sewer Force Main in Utility Right of Way at a depth of: SWR -81 0'- TFT Deep LF 1 SWR -82 3'- 6' FT Deep LF SWR -83 6'- 8' FT Deep LF 26- 0 SWR -84 8'- 10' FT Deep LF 36 Furnish & Install 10 -Inch Epoxy Lined DIP Sewer Force Main in Rear Easement at a depth of: SWR -85 0'- TFT Deep LF wo SWR -86 3'- 6' FT Deep LF 1,30 SWR -87 6'- 8' FT Deep LF Z SWR -88 8'- 10' FT Deep LF ZO Furnish & Install 16 -Inch Epoxy Lined DIP Sewer Force Main in Utility Right of Way at a depth of: SWR -89 0'- TFT Deep LF l 2 a SWR -90 3'- 6' FT Deep LF " ",VR -91 6'- 8' FT Deep LF VR -92 8'- 10' FT Deep 0 Furnish & Install 20 -Inch Epoxy Lined DIP Sewer Force Main in Utility Right of Way at a depth of: SWR -93 0' - 3' FT Deep LF 130 SWR -94 3'- 6' FT Deep LF SWR -95 6'- 8' FT Deep LF �0 SWR -96 8'- 10' FT Deep LF C(70 BP -4 Page 394 of 735 ATTACHMENT "E" RI=VIa7GLJ I—I=R I'ILJVGINLJVIVI IV V- 1 - hl 1/yVf7IVIGIN 1 C ITEM DESCRIPTION OF BID ITEM UNIT TOTAL Furnish & Install 36 -Inch Epoxy Lined DIP Sewer Force Main in Utility Right of Way at a depth of: . NR -97 0'- 3' FT Deep LF SWR -98 3'- 6' FT Deep LF SWR -99 6'- 8' FT Deep LF SWR -100 8'- 10' FT Deep LF Reconstruct Sanitary Sewer Lateral Clean -Out SWR -101 Reconstruct Sanitary Sewer 6" Lateral & Clean-out (single) EA 10 0 0 SWR -102 Reconstruct Sanitary Sewer 6' Lateral & Clean-out double EA Q40 0 SWR -103 Ductile Iron Fittings for Wastewater Force Main with Accessories TN 110p SWR -104 Additional Pipe Crew Hours for installation greater than 60" cover HR Furnish & Install Mega -Lug Joint Restraint for DIP SWR -105 4" Meqa-Lug Joint Restraint for DIP EA (1 0 SWR -106 6" Mega -Lug Joint Restraint for DIP EA z VI) SWR -107 8" Mega -Lug Joint Restraint for DIP EA O SWR -108 10" Me a -Lug Joint Restraint for DIP EA SWR -109 12"Mega-Lug Joint Restraint for DIP EA .150 0(r') SWR -110 16" Mega -Lug Joint Restraint for DIP EA 00 SWR -111 24" Mega -Lug Joint Restraint for DIP EA fo J SWR -112 36" Mega -Lug Joint Restraint for DIP EA [ Furnish & Install Mega -Lug Joint Restraint for PVC - C900 SWR -113 4" Mega -Lug Joint Restraint for PVC - C900 EA �Q SWR -114 6" Meqa-Lug Joint Restraint for PVC - C900 EA O SWR -115 8" Mega -Lug Joint Restraint for PVC - C900 EA 170 Furnish & Install Joint Restraint Gasket SWR -116 4" Joint Restraint Gasket Field Lok or Fast Grip)a J SWR -117 6" Joint Restraint Gasket Field Lok or Fast Grip)EA Q SWR -118 8" Joint Restraint Gasket Field Lok or Fast Grip) EA SWR -1 19 10" Joint Restraint Gasket Field Lok or Fast Grip) EA �'R-120 12" Joint Restraint Gasket Field Lok or Fast Grip) EA Furnish & Install PVC - C900 Bell Joint Restraint - SWR -121 4" PVC - C900 Bell Joint Restraint EA �D SWR -122 6" PVC - C900 Bell Joint Restraint EA Io? SWR -123 8" PVC - C900 Bell Joint Restraint EA IZO BP -5 Page 395 of 735 ATTACHMENT "E" r%[_— V 1%.7 L; U r- I-- M P%Lj U r-- I'd Lj U [VI 114 V. I - hl 1 1-71 IV[ " IN I L; ITEM DESCRIPTION OF BID ITEM UNIT TOTAL Furnish & Install DIP Bell Joint Restraint 'SVR -124 10" DIP Bell Joint Restraint EA "--,,,VR-125 16" DIP Bell Joint Restraint EA 4-00 SWR -126 20" DIP Bell Joint Restraint EA SWR -127 24" DIP Bell Joint Restraint ffA— SWR-128 36" DIP Bell Joint Restraint EA Furnish & Install Gate Valve & Valve Box SWR -129 4" Gate Valve & Valve Box EA SWR -130 6" Gate Valve& Valve Box EA SWR -131 8" Gate Valve & Valve Box EA SWR -132 10" Gate Valve& Valve Box EA ? "5-0 SWR -133 12" Gate Valve& Valve Box EA 7000 SWR -134 16" Gate Valve& Valve Box EA -7-6-0 SWR -135 20" Gate Valve& Valve Box EA _L�Lj7o 0 SWR -136 24" Gate Valve & Valve Box EA 70 1?E20 SWR -137 36" Gate Valve& Valve Box EA 1900 Furnish & Install Tapping Sleeve with Valve & Valve Box SWR -138 8"x6" Tapping Sleeve w/Valve & Valve Box EA SWR -139 8"x8" Tapping Sleeve w/Valve & Valve Box EA_ /, ot,-1,t2 SWR -140 12" x 6" Tapping Sleeve w/Valve & Valve Box EA a00 SWR -141 12" x 8" Tapping Sleeve w/Valve & Valve Box EA q (Oca SWR -142 Wastewater Force Main 2" Air Release Valve w/Manhole EA q0610 Furnish & Install Insertion Valve with Valve Box SWR -143 4" Insertion Valve w/Valve Box EA prr SWR -144 8" Insertion Valve w/Valve Box EA !?6n2 SWR -145 10" Insertion Valve w/Valve Box EA j SWR -146 16" Insertion Valve w/Valve Box EA '30 VOL"--, SWR -147 20" Insertion Valve w/Valve Box EA co p SWR -148 24" Insertion Valve w/Valve Box EA c -f,- t,-r.,p "�`JR-149 36" Insertion Valve w/Valve Box EA ppC) Furnish & Install Line Stop SWR -150 4" Insertion Line Stop EA SWR -151 8" Insertion Line Stop EA SWR -152 10" Insertion Line Stop EA SWR -153 16" Insertion Line Stop EA Q Coo SWR -154 20" Insertion Line Sto EAn G�7 SWR -155 24" Insertion Line Stop EA 0, -??.V SWR -156 36" Insertion Line Stop EA 1y 'VCS A' OIL)— BP-6 Page 396 of 735 ATTACHMENT "E" RGVI%7GV rGR IAIJIJGI'm VVIVI 114 %J. 1 - hl 1/"\VF11VIGIV 1 F_ - ITEM DESCRIPTION OF BID ITEM ITEM UNIT TOTAL Furnish & Install new FDOT approved Standard Precast Concrete 48" diameter Manhole Structure in Utility Right of Way to include Bench and Ring and Cover including City approved coatings (inside and out) at a depth of: SWR -157 0' - 4' FT Deep LF 600 fJ SWR -158 4'- 6' FT Deep LF • . Off% SWR -159 6'- 8' FT Deep LF 0j -- SWR -160 8'- 10' FT Dee LF 111,000 SWR -161 10'- 12' FT Deep LF DOO SWR -162 12'- 14' FT Deep LF 000 SWR -163 14'- 16' FT Deep LF 0 00 SWR -164 16'- 20' FT Deep LF Or Furnish & Install new FDOT approved Standard Precast Concrete 48" diameter Manhole Structure in Rear Easement to include Bench and Ring and Cover including City approved coatings (inside and out) at a depth of: SWR -165 0'- 4' FT Deep LF (0 06V SWR -166 4'- 6' FT Deep LF r,,n SWR -167 6'- 8' FT Deep LF 0 SWR -168 8'- 10' FT Deep LF 2 ) 00 SWR -169 10'- 12' Feet Deep LF I o SWR -170 12'- 14' FT Deep LF ", �-D SWR -171 14'- 16' FT Deep LF 00 SWR -172 16'- 20' FT Deep LF :.,. ... WATER -MAIN. Prices Quoted in the Water Main Section are Interchangeable with Reuse Water Lines and Raw Water Lines as needed Furnish & Install 4 -Inch PVC - C900 Water Main in Right of Way at a depth of: WTR-1 0'- 3' FT Deep LF 'fTR-2 3'- UFT Deep LF SS Furnish & Install 4 -Inch PVC - 900 Water Main in Rear Easement at a depth of: WTR-3 0'- 3' FT Deep LF ({ WTR-4 3'- UFT Deep LF Furnish & Install 6 -Inch PVC - C900 Water Main in Right of Way at a depth of: WTR-5 10'- 3' FT Deep LF S� WTR-6 13'- UFT Deep LF 4,0 Page 397 of 735 BP -7 ATTACHMENT "E" RGVIJGU rGR KUUGINUUIV[ I'M %J. 1 - /-%1 1f1Vf7IV[ GIN I r_ - BP -8 Page 398 of 735 DESCRIPTION OF BID ITEM DESCRIPTION UNIT TOTAL Furnish and Install 6 -inch PVC - C900 Water Main in Rear Easement at a depth of: VTR -7 0'- TFT Deep LF 5 WTR-8 3'- UFT Deep LF 0 Furnish & Install Cement Lined Ductile Iron Pipe Water Main WTR-9 4" Ductile Iron Pipe Water Main in Rear Easement LF WTR-10 6" Ductile iron Pipe Water Main in Rear Easement LF WTR-11 4" Ductile Iron Pipe Water Main in Utility ROW LF WTR-12 6" Ductile Iron Pipe Water Main in Utility ROW LF WTR-13 8" Ductile Iron Pipe Water Main in Utility ROW LF WTR-14 10" Ductile Iron Pipe Water Main in Utility ROW LF 100 WTR-15 12" Ductile Iron Pipe Water Main in Utility ROW LF o WTR-16 16" Ductile Iron Pipe Water Main in Utility ROW LF 15-0 WTR-17 20" Ductile Iron Pipe Water Main in Utility ROW LF WTR-18 24" Ductile Iron Pipe Water Main in Utility ROW LF 300 WTR-19 30" Ductile Iron Pipe Water Main in Utility ROW LF 370 WTR-20 36" Ductile Iron Pipe Water Main in Utility ROW LFQ WTR-21 42" Ductile Iron Pipe Water Main in Utility_ ROW LF Q WTR-22 Additional Pipe Crew Hours for installation greater than 60" cover HR 700 WTR-23 Ductile Iron Fittings for Water Main with Accessories TON I Z 000 Furnish & Install Mega -Lug Joint Restraint for DIP WTR-24 4" Mega -Lug Joint Restraint for DIP EA WTR-25 6" Mega -Lug Joint Restraint for DIP EA ( WTR-26 8" Mega -Lug Joint Restraint for DIP EA v0 WTR-27 10" Mega -Lug Joint Restraint for DIP EA 1 WTR-28 12"Mega-Lug Joint Restraint for DIP EA 70 WTR-29 14" Mega -Lug Joint Restraint for DIP EA 2 0 WTR-30 16" Mega -Lug Joint Restraint for DIP EA p -11!L'1TR-31 24" Mega -Lug Joint Restraint for DIP EA TR -32 30" Mega -Lug Joint Restraint for DIP EA _S - WTR-33 36" Mega -Lug Joint Restraint for DIP EA I WTR-34 42" Mega -Lug Joint Restraint for DIP EA Zq0Q Furnish & Install Mega -Lug Restraint for PVC - C900 WTR-35 4" Mega -Lug Joint Restraint for PVC -C900 EA �J WTR-36 6" Mega -Lug Joint Restraint for PVC - C900 EA 100 WTR-37 8" Mega -Lug Joint Restraint for PVC - C900 EA 170 BP -8 Page 398 of 735 ATTACHMENT "E" RGVIGV rGR 11VVGINLJUIVI IV V. 1 - hl 11-1[VI GI'M 1 I -- ITEM ITEM DESCRIPTION OF BID ITEM Furnish & Install Joint Restraint Gasket jTR-38 6" Joint Restraint Gasket (Field Lok or Fast Grip) UNIT I TOTAL EA K C A 1 WTR-40 ri 10" Joint Restraint Gasket Field Lok or Fast Grip) EA v y vvTR-63 WTR-41 12" Joint Restraint Gasket (Field Lok or Fast Grip) EA WTR-64 30" Butterfly Valve & Valve Box EA Furnish & Install DIP Bell Joint Restraint WTR-65 36" Butterfly Valve & Valve Box EA WTR-42 6" DIP Bell Joint Restraint EA EA)( -'o00 WTR-43 8" DIP Bell Joint Restraint EA WTR-44 10" DIP Bell Joint Restraint EA WTR-45 12" DIP Bell Joint Restraint EA 300 WTR-46 14" DIP Bell Joint Restraint EA L 0 WTR-47 16" DIP Bell Joint Restraint EA WTR-48 24" DIP Bell Joint Restraint EA I 5 WTR-49 30" DIP Bell Joint Restraint EA vtJ L� WTR-50 36" DIP Bell Joint Restraint 7 EA 3,5 WTR-51 42" DIP Bell Joint Restraint EA r Furnish & Install Gate Valve & Valve Box Im WTR-52 4" Gate Valve & Valve Box EAXff;te� C& WTR-53 6" Gate Valve & Valve Box EA WTR-54 8" Gate Valve & Valve Box EA I nO WTR-55 10" Gate Valve & Valve Box EA 2CLOO WTR-56 12" Gate Valve & Valve Box EA WTR-57 16" Gate Valve & Valve Box EA r) L? WTR-58 20" Gate Valve & Valve Box EA 114000 WTR-59 24" Gate Valve & Valve Box EA 2Q WTR-60 36" Gate Valve & Valve Box EA no Furnish & Install Butterfly Valve & Valve Box I n__. CA TR -62 16" Butterfly Valve & Valve Box EA OtI vvTR-63 24" Butterfly Valve & Valve Box EA O WTR-64 30" Butterfly Valve & Valve Box EA 12, Op'O WTR-65 36" Butterfly Valve & Valve Box EA Zp 00,0 WTR-66 42" Butterfly Valve & Valve Box EA)( -'o00 V BP -9 Page 399 of 735 ATTACHMENT "E" r% EZ V 1%3 F-- Lj r— F_— F -k PdkLj Lj r_— 11 Lj U IVI 1-4 W. I - hl 1/ t%.# " [VI L — I , I I K — ITEM DESCRIPTION OF BID ITEM UNIT TOTAL Furnish & Install Tapping sleeve with Valve & Valve Box ,,ITR -67 6"x6" Tapping Sleeve w/Valve & Valve Box EA `.'TR -68 6'X4" Tapping Sleeve w/Valve & Valve Box EA ((0 p0 WTR-69 8"x6" Tapping Sleeve w/Valve & Valve Box EA "Woo WTR-70 8"x8" Tapping Sleeve w/Valve & Valve Box EA (4100 WTR-71 12" x 6" Tapping Sleeve w/Valve & Valve Box EA '12 ,(}0i WTR-72 12" x 8" Ta in Sleeve w/Valve & Valve Box Furnish & Install Line Stop WTR-73 4" Insertion Line Stop EA 6000 WTR-74 8" Insertion Line Stop EA 1 0 WTR-75 10" Insertion Line Stop EA _1? OCC) WTR-76 16" Insertion Line Stop EA 3r2000 WTR-77 20" Insertion Line Stop EA I? (?Of,? WTR-78 124" Insertion Line Stop EA Q , oi9,0 WTR-79 36" Insertion Line Stop EA COtl) Fire Hydrants WTR-80 Fire Hydrant Assembly (42" Burial) w/elbow for Anchor Tee, Gate Valve & 6" DIP EA .......... p.(0 WTR-81 Fire Hydrant Assembly (42" Burial) w/6" Gate Valve & 6" DIP EA 00 WTR-82 Remove & Replace Fire Hydrant Assembly (36" burial) EA jp00 WTR-83 Remove & Replace Fire Hydrant Assembly (42" burial) EA bcoo WTR-84 Remove & Replace Fire Hydrant Assembly (54" burial) E—A WTR-85 Fire Hydrant Extensions EA SQ WTR-86 Bollards for Fire Hydrant EA .30 WTR-87 Sample Points w/double strap saddle & corp stop EA ZX0 WTR-88 Sample Points on Fire Hydrants EA 36-0 WTR-89 2" Blowoff piping with box EA 1�(? WTR-90 Water Main I" Air Release Valve w/Manhole EA ;?00r 42 WTR-9 I Short Single service (1-1/2" Poly) (up to 10' long) EA 2000 TR -92 Short Double Service (1-1/2" Poly) (up to 10' long) EA -7!�O(q v, TR -93 Long Single Service (1-1/2" w/3" casings) (up to 40' Long) EA 7 15, 00 WTR-94 Long Double Service (1-1/2" w/3" casings) (up to 40' Long) EA 300r-�� WTR-95 Sample Point for bacteriological test EA Wo C, WTR-96 6" to 12" Dia. Connection to existing Water Main (Joint Restraint for existing pipe is not included) EA 5-0c) c WTR-97 16" to 24" Dia. Connection to existing water main (joint restraint for existing pipe is not included) EA (0 000 WTR-98 30" Diameter Connection to existing water main (Joint restraint for existing pipe is not included) EA WTR-99 36"Dia. Connection t existing water main (joint restraint for existing pipe is not included) E WTR-1 00 42" Diameter connection to existing water main (Joint Restraint for existing pipe is not included) EA 000 Asbestos -Cement (AC) Water Main Removal & Disposal WTR-1 01 Remove & Dispose AC Water Main (actual cost reimbursement by City) ALLOWANCE ITEM BP -10 Page 400 of 735 ATTACHMENT "E" RGVIa7GU 1'GR P%LJUGI'M Liu IVI IYV. 1 - hl I/`1Vr1IV[ GIV 1 G ITEM - DESCRIPTION OF BID ITEM UNIT TOTAL i STORM„WATER . Furnish & Install 15 -Inch RCP Storm Water Main in Utility Right of Way at a depth of: STM -1 0'- 6' Ft. deep LF STM -2 6'- 8' Ft. deep LF Z Furnish & Install 15 -Inch RCP Storm Water Main in Rear Easement at a depth of: STM -3 0'- 6' Ft. dee LF STM -4 6'- 8' Ft. deep LF Furnish & Install 24 -Inch RCP Storm Water Main in Utility Right of Way at depth of: STM -5 0' - 6' Ft. deep STM -6 6'- 8' Ft. deep LF (L1 Furnish & Install 24 -Inch RCP Storm Water Main in Rear Easement at a depth of: STM -7 0'- 6' Ft. deep LF L STM -8 6' - 8' Ft. deep LF I tl r7 Furnish & Install 36 -Inch RCP Storm Water Main in Utility ROW at a depth of: STM -9 0'- 6' Ft. deep IF STM -10 6'- 8' Ft. deep LF 130 STM -11 8'- 10' Ft. deep LF eao Furnish & Install 36 -Inch RCP Storm Water Main in Rear Easement at a depth of: STM -12 0' - 6' Ft. deep LF STM -13 6'- 8' Ft. deep LF --,TM-14 8'- 10' Ft. deep �O -7,00 Furnish & Install 42 -Inch RCP Storm Water Main in Utility Right of Way at a depth of: STM -15 0'- 6' Ft. deep LF STM -16 6'- 8' Ft. deep LF 760 STM -17 8'- 10' Ft. deep LF Furnish & Install 42 -Inch RCP Storm Water Main in Rear Easement at a depth of: STM -18 0'- 6' Ft. deep LF l A T STM -19 6'- 8' Ft. deep LF 200 STM -20 8'- 10' Ft. deep LF Z Z O Page 401 of 735 BP -11 ATTACHMENT "E" RCY[%7GLJ 1 -GR /-'►VVGIVVU[YI IYV. 1 - hl 1 I 1 G -ITEM - DESCRIPTION OF BID ITEM UNIT TOTAL Furnish & Install 60 -Inch RCP Storm Water Main in Utility Right of Way at a depth of: "OTM-21 0' - 6' Ft. deep LF 04 STM-22 6'- 8' Ft. deep LF C STM -23 8' - 10' Ft. deep LF STM -24 10'- 12' Ft. deep LF r, STM -25 12'- 15' Ft deep LF 10 O 0 Furnish & Install 15 -Inch CAP Storm Water Main in Utility Right of Way at a depth of - STM -26 0' - 6' Ft. dee LF 100 STM -27 6'- 8' Ft. deep LF 170 Furnish Install 15 -Inch CAP Storm Water Main in Rear Easement at a depth of: STM -28 0'- 6' Ft. dee I—F--I 10V STM -29 16'- 8' Ft. deep LF O Furnish & Install 18 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: STM -30 0'- 6' Ft. deep LF I STM -31 6'- 8' Ft. deep LF 15-0 Furnish & Install 18 -Inch CAP Storm Water Main in Rear Easement at a depth of: STM -32 0'- 6' Ft. deep LF Q STM -33 6'- 8' Ft. deep LF 3 Furnish & Install 24 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: STM -34 0'- 6' Ft. deep LF STM -35 6' - 8'. Ft. deep LF Furnish & Install 24 -Inch CAP Storm Water Main in Rear Easement at a depth of: TM -36 0'- 6' Ft. deep LF I Z -TM-37 6' - 8' Ft. LF Page 402 of 735 BP -12 ATTACHMENT "E" RGVI%7GU I -GR 11UUGIYUVIYI Ma. 1 - HI 1l1Vf7IYIGIY 1 r_ - tom. 0 BP -13 Page 403 of 735 DESCRIPTION DESCRIPTION OF BID ITEM UNIT TOTAL Furnish & Install 36 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: 1TM-38 0'- 6' Ft. deep LF 'TM -39 6'- 8' Ft. deep LF STM -40 8'- 10' Ft. deep LF Furnish & Install 36 -Inch CAP Storm Water Main in Rear Easement at a depth of: STM -41 0'- 6' Ft. deep LF STM -42 6'- 8' Ft. deep LF 110 STM -43 8'- 10' Ft. deep LF f) Furnish & Install 48 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: STM -44 0'- 6' Ft. deep LF 76-0 STM -45 6'- 8' Ft. deep LF 300 STM -46 8'- 10' Ft. deep LF ,S STM -47 10'- 12' Ft. deep LF 4-00 Furnish & Install 48 -Inch CAP Storm Water Main in Rear Easement at a depth of: STM -48 0'- 6' Ft. deep LF 7 SO STM -49 6'- 8' Ft. deep LF 300 STM -50 8'- 10' Ft. deep LF 7 STM -51 10'- 12' Ft. deep LF Furnish & Install 60 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: STM -52 0' - 6' Ft. deep LF 3 STM -53 6'- 8' Ft. deep LF 4 , STM -54 8' - 10' Ft. deep LF 6- . Q STM -55 10'- 15' Ft. deep LF ,nr? Furnish & Install 60 -Inch CAP Storm Water Main in Rear Easement at a depth of: STM -56 0' - 6' Ft. deep LF �5 010 STM -57 6'- 8' Ft. deep C 1TM-58 8'- 10' Ft. deep LF 10'- 15' Ft. deep LF 416r2 (2M Furnish & Install 72 -Inch CAP Storm Water Main in Utility Right of Way at a depth of: STM -60 0'- 6' Ft. deep LF L -(Q STM -61 6'- 8' Ft. deep LF <-r)(0 STM -62 8' - 10' Ft. deep LF bo STM -63 10' - 15' Ft. deep LF I- tom. 0 BP -13 Page 403 of 735 ATTACHMENT "E" F%U-- V 1%'Llf--Ij I - CR /Ali LJV- I'M Liu IV I INV. I - h1 1 1A%.fn IV I r --IV 1 1 -- ITEM DESCRIPTION OF BID ITEM UNIT TOTAL Furnish & Install 72 -Inch CAP Storm Water Main in Rear Easement at a depth of: ;TM -64 0' - 6' Ft. deep LF (4 Pj J -65 'TM 6'- 8' Ft. deep I LF STM -66 8'- 10' Ft. deep LF STM -67 10'- 15' Ft. deep LF Furnish & Install 12 -Inch HDPE Storm Water Main in Utility Right of Way at a depth of: STM -68 0' - 6' Ft. deep STM -69 6'- 8' Ft. deep LF 0 - Furnish & Install 12 -Inch HDPE Storm Water Main in Rear Easement at a depth of: STM -70 0' - 6' Ft. deep STM -71 6'- 8' Ft. deep LF aj Furnish & Install 15 -inch HDPE Storm Water Main in Utility Right of Way at a depth of: STM -72 0'- 6' Ft. deep LF STM -73 6'- 8' Ft. deep LF 7"? Furnish & Install 15 -Inch HDPE Storm Water Main in Rear Easement at a depth of: STM -74 0'- 6' Ft. deep LF (0i) STM -75 6'- 8' Ft. deep LF 170 Furnish and Install 18 -Inch HDPE Storm Water Main in Utility Right of Way at a depth of: STM -76 0' - 6' Ft. deepLF 1 f C1 STM -77 6' - 8' Ft. deep LF 170 Furnish & Install 18 -Inch HDPE Storm Water Main in Rear Easement at a depth of: —STM -78 0'- 6' Ft. deep LF -TM-79 6'- 8' Ft. deep LF 17,0 Furnish & Install 24 -Inch HDPE Storm Water Main in Utility Right of Way at a depth of: STM -80 0'- 6' Ft. deep STM -81 16'- 8' Ft. deep LF I c4 Furnish & Install 24 -Inch HDPE Storm Water Main in Rear Easement at a depth of: STM -82 0'- 6' Ft. Deep LF --F STM -83 6' - 8' Ft. Deep LF q Furnish & Install new FDOT approved Standard Precast Concrete 48" diameter Manhole to include Bench and Ring and Cover in Utility Right of Way at a depth of: STM -84 0' - 4' Ft. deep EA 50 -0 -0 -- STM -85 4'- 6' Ft. deep EA STM -86 6'- 8' Ft. deep EA 0 C) 0 STM -87 8'- 10' Ft. deep EA' 10 COO BP -14 Page 404 of 735 ATTACHMENT "E" RGVI%7CU rGR /YUUGI'M UVIV[ IV V. 1 - hl IIAVf7IVIF 4 1 G ---ITEM - - - DESCRIPTION OF BID ITEM UNIT TOTAL STM -88 10'- 12' Ft. deep EA I Z D U D Furnish & Install new FDOT approved Standard Precast Concrete 48" diameter Manhole to include Bench and Ring and Cover in Rear Easement at a depth of: STM -89 0'- 4' Ft. deep EA Sdoo STM -90 4'- 6' Ft. deep EA STM -91 6'- 8' Ft. deep EA STM -92 8'- 10' Ft. dee EA STM -93 10'- 12' Ft. deep .11000 EA 7 Furnish & Install new FDOT approved Standard Precast Concrete 60" diameter Manhole to include Bench and Ring and Cover in Utility Right of Way at a depth of: STM -94 0'- 4' Ft. deep EA 00 STM -95 4'- 6' Ft. deep EA F0 00 STM -96 6'- 8' Ft. deep EA i o 000 STM -97 8'- 10' Ft. deep EA IZ 00 STM -98 10'- 12' Ft. deep EA Furnish & Install new FDOT approved Standard Precast Concrete 60" diameter Manhole to include Bench and Ring and Cover in Rear Easement at a depth of: STM -99 0'- 4' Ft. deep EA 6.�_o STM -100 14'- 6' Ft. deep EA = ')0r) STM -101 16'- 8' Ft. deep EA ) STM -10218'- 10' Ft. dee EA 3' 0 0 STM -103 10' - 12' Ft. deep I EA �4 n�G •� ,rte: BP -15 Page 405 of 735 ATTACHMENT "E" FX" VIJGIJ F"FX PUJ1JG1VVV11r1 IVV. 1 - hl IIyVR[YIGIV I I -- --ITEM- DESCRIPTION OF BID ITEM --ITEM- UNIT TOTAL Furnish & Install new FDOT approved Standard Precast Concrete 48" "C" Inlet Structure wlframe and grate in Utility Right of Way at a depth of: TM -104 0'- 4' Ft. deep EA 1 -5500 STM -105 4'- 6' Ft. deep EA 00 STM -106 6'- 8' Ft. deep EA 0 STM -107 Optional Pollution Control Device EA 1000 Furnish & Install new FDOT approved Standard Precast Concrete 48" "E" Inlet Structure wlframe and grate in Utility Right of Way at a depth of: STM -108 0' - 4' Ft. deep EA 6019(] STM -10914'- 6' Ft. deep EA $gyp STM -110 6'- 8' Ft. deep EA f0 rh 0 STM -111 Optional Pollution Control Device EA Furnish & Install new FDOT approved Standard Precast Concrete 48" "J" Inlet Structure w/frame and grate in Utility Right of Way at a depth of: STM -112 0' - 4' Ft. deep EA 0 o D STM -113 4'- 6' Ft. deep EA 1© 0 STM -114 6' - 8' Ft. deep EA /(„ )0 STM -115 8'- 10' Ft. deep EAK"Cc STM -116 10'- 12' Ft. deep EA OC STM -117 Optional Pollution Control Device EA '. --� _ ��.,,• • � �? � �_ 1. ;.i • r. BP -16 Page 406 of 735 ATTACHMENT "E" FXr--V1%7V-LJ r -r_ -Ix 1-%ULJF--1'qUU1V1 IIV%J. I -/A[ 1111%.#r71V1";11q I A-1- V C-,04 H' ;j :end 41. U.2 anta ' rl?L BP -17 Page 407 of 735 DESCRIPTION OF BID ITEM VI UNIT TOTAL RESTORATION R-1 Removal and disposal of 6" thick concrete SF R-2 Furnish & Install 4" Concrete without wire SF R-3 Furnish & Install 6" Concrete without wire SF R-4 Furnish & Install ADA compliant detectable surface EA R-5 Furnish & Install FDOT Type "D" Curb - by hand LF R-6 Furnish & Install FDOT Type "D" Curb - by machine LF R-7 Furnish & Install FDOT Type 7" Curb - by hand LF IoO R-8 Furnish & Install FDOT Type 7" Curb - by machine LF 070 R-9 Furnish & Install FDOT Valley Gutter- by hand LF R-10 Furnish & Install FDOT Valley Gutter - by machine LF R-11 Furnish & Install Bahia Sod - up to 1000 SF SF R-12 Furnish & Install Bahia Sod - over 1000 SF SF R-13 Furnish & Install Floratam Sod - up to 1000 SF SF R-14 Furnish & Install Floratam Sod - over 1000 SF SF R-15-- Furnish & Install FDOT seed & mulch mix SY 0 R-16 Furnish Operator, Water Truck and Irrigate Sod or Seed Mix HR 100 2-17 Removal and Disposal of Existing Asphalt Pavement SY 10 R-18 Mill Existing Pavement (3/4" - I" avg) SY 60 R-19 Furnish and Install Asphalt Overlay, Type S-1 11 (3/4" - 1" avg) SY R-20 Furnish and Install 1-1/2" Type S-1 Asphalt First Course SY 77- R-21 Furnish and Install 1" Type S-111 Surface Course SY & R-22. Furnish and Install 1-1/2" SP -12.5 Asphalt First Course in FDOT/PBC Right of Way SY av R-23 Furnish and Install 1" Type FC -9.5 Asphalt Surface Course in FDOT/PBC Right of Way SY 00 R-24 FDOT Flowable Fill (Excavatable) CY ( r R-25 Leak Repairs (structures) - Grouting GAL V R-26 Ground Stabilization Grouting CY 6LQO R-27 6" Limerock/ Crushed Concrete Base, primed SY �k R-28 8" Limerock/ Crushed Concrete Base, primed SY 5-0 R-29_ 12" Compacted Sub rade, 98% T-180 SY 7 ti R-30 Adjust manhole ring and cover to grade EA R-31 Adjust valve box to grade EA R-32 Brick paver remove/replace (1 1/2" sand, 6" limerock base, 12" compacted subgrade) SF q0 BY-PASS PUMP SETUP WITH BY=PASS, PUMPING 1 Bypass 8" Sewer Set Up EA 000 2 Bypass 10" to 12" Sewer Setup EA Drr-3 Bypass 15" to 18" Sewer Setup EA V) BP -4 Bypass 24" Sewer Setup EA BP -5 Bypass 4" Pump Including Monitoring DAY-.-- BP-6 Bypass 6" Pump Including Monitoring DAY (000 BP -17 Page 407 of 735 UNIT TOTAL DAY q 27 73 DAY WP -1 Well Point system up to 150 points complete with pump and jetting equipment, and Monitoring -DAY Well Point system with more than 150 points complete with pump and jetting equipment, and WP -2 Monitoring DAY 3nOO I BF -1 I Removal & Disposal of unsuitable in-situ material/soil I CY I e7 I BF -2 I Imported Backfill & Compaction I CY IS f7 BF 18 Page 408 of 735 ATTACHMENT "E" RGYIa7GV 1—GR taUJULIVVVIYI IVV. 1 ' hl IfyVF1IVICIN 1 G ITEM - - DESCRIPTION OF BID ITEM - UNIT TOTAL PLEASE PREPARE YOUR PRICE PROPOSAL FOR EACH SCENARIO OUTLINED BELOW BY USING THE PRICING SUBMITTED ON THE ABOVE BID ITEM PRICE SHEETS (Pages BP -1 through BP -19) AND SUBMIT ON YOUR LETTERHEAD. BID NO.: 019-2821-1911T SCENARIO #1 Emergency Repair: 8 -inch sewer main in rear easement of a residential neighborhood at 16 -feet deep. Bypass 300 -linear feet of sewer main, excavate and dewater with well point system (180 well points) to repair and replace 10 -feet of PVC pipe with C-900 PVC pipe. Reconnect one (1) 6 -inch sewer lateral, backfill and restore 2,600 SF of Floratam sod and water in sod. SCENARIO #2 Emergency Repair: 16 -inch sewer force main in utility right-of-way at 4 -feet deep. Repair and replace 6 -foot section of 16 -inch CIP with 16 -inch epoxy lined DIP with fittings. Backfill in lifts, restore 400 SF of FDOT approved asphalt and 1,500 SF of Bahia sod and water in sod. SCENARIO #3 Scheduled Repair: Excavate and dewater with well point system (100 well points) to repair and replace 20 -linear feet of 48 -inch stormwater CMP with 48 -inch CAP 10 -feet deep. Restore an area of 3,000 SF of Bahia sod and water in sod. SCENARIO #4 Emergency Repair: 20 -inch valve is leaking in FDOT roadway. Replace 20 -inch butterfly valve, 10 -feet section of 20 -inch DIP and approved fittings. Back fill excavation in 12 -inch lifts with FDOT approved rock. Restore 500 SF of asphalt. 604 11-ilillb"ath Pian,; 1-9456 y " " " ? `i BP -19 Page 409 of 735 JAP- ^` JOHNSON-DAVIS INC. "Construct with Confidence" April 1, 2019 Mr. Tim Howard Assistant City Manager City of Boynton Beach 3301 Quantum Blvd. Boynton Beach, Fl. 33426 Re: Bid No. 019-2821-01 / IT Repairs and Emergency Services for Utility Systems Dear Mr. Howard, Attached are our itemized proposals for the above referenced project, based on the work Scenario 1, 2, 3, and 4. Please contact me at 561-588-1170 (office) or 561-718-4505 (mobile) with any questions you might have regarding our proposal. Thank you for the opportunity to provide a bid on your project. President AMppfc%�nr�/ri�rJti�i�clir�ir ® CUC043087 a���.1��� auir��J%c'� °"'" ; Y 9 Main Office: 604 Hillbrath Drive - Lantana, FL 33462 • Phone: 561-588-1170 • FAX 561-585-5252 2, U cat P of 735 °jigyr�htq`��oS" Ft. Pierce Office: 863 S. Kings Hwy - Ft. Pierce, FL 34945 • Phone: 772-468-9200 • FAX 772-468-9202 April 1, 2019 Re: Bid No. 019-2821-19/IT Repairs and einergency Services for Utility Systems Date 4/01/19 Scenario 1 Johnson -Davis Inc. Bid No. 019-2821-19/IT Repairs and Emergency Services for Utility Systems Item Item Description Est Quantity Unit price Amount GC -1 Emergency Mobilization Rear Easement Repairs LS $ 3,000.00 $ 3,000.00 GC -7 Digital Photos LS $ 350.00 $ 350.00 GC -8 MOT Residential Street LS $ 500.00 $ 500.00 SWR 11 8" Sewer Rear Easement 12-16 10 LF $ 300.00 $ 3,000.00 SWR 101 Reconstruct Lateral (single) 1 EA $ 4,000.00 $ 4,000.00 R14 Furnish & Install Floratarn Sod>1000sf 2600 SF $ 2.00 $ 5,200.00 R16 Furnish Operator, Water Truck to irrigate 4 HR $ 100.00 $ 400.00 BP -1 Bypass Setup 1 EA $ 1,000.00 $ 1,000.00 BP -6 6" Bypass 1 day $ 1,000.00 $ 1,000.00 wP-2 WellPoint w/inore than 150 points 2 day $ 3,000.00 $ 6,000.00 Total $ 24,450.00 TOTAL. Scenario 1 $24,450.00 Resp Scott J. JoWshn, President 4/1/2019 Page 411 of 735 April I XFril 1, 2019 Re: Bid No. 019-2821-19/IT Repairs and emergency Services for Utility Systems Date 4/01/19 Scenario 2 Johnson -Davis Inc. Bid No. 019-2821-19/IT Repairs and Emergency Services for Utility Systems Item Item Description Est Quantity Unit price Amount GC -2 Emergency Mobilization - Utility Easement LS $ 3,000.00 $ 3,000.00 C-7 GC -7 Digital Photos LS $ 350.00 $ 350.00 GC -9 MOT City Arterial Roadway LS $ 1,800.00 $ 1,800.00 SWR 90 16" Epoxy Lined Forcemain 6 If $ 250.00 $ 1,500,00 SWR 103 Ductile Iron fittings .15 ton $17,000.00 $ 2,550.00 SWR 110 16" MegaLug Joint Rest for DIP 4 ea $ 400.00 $ 1,600.00 R-12 Furnish and Install Bahia Sod 1500 sf $ 1.00 $ 1,500.00 R-16 Furnish Operator, Water Truck 3 hi $ 100.00 $ 300.00 R-17 Remove and dispose Existing Asphalt 44 sy $ 10.00 $ 440.00 R-22 Furnish and Install I V2 SP 12.5 44 sy $ 80-00 $ 3,520.00 R-28 8" Limerock Base 44 sy -sy $ 50.00 $ 2,200.00 R-29 12" Compacted Subgrade _74 $ 24.00 $ 1,056.00 Total $19,816.00 TOTAL Scenario 2 $19,816.00 Respectfully Su Scott J. J 4/1/2019 Page 412 of 735 April 1, 2019 Re: Bid No. 019-2821-19/IT Repairs and emergency Services for Utility Systems Date 4/01/19 Scenario 3 Johnson -Davis Inc. Bid No. 019-2821-19/IT Repairs and Emergency Services for Utility Systems Item Item Description Est Quantity Unit price Amount GC -4 Non -Emergency Mobilization LS $ 2,000.00 $ 2,000.00 6C-7 Digital Photos -Utility Right of Way LS $ 350.00 $ 350.00 GC -8 MOT Residential Street LS $ 500.00 $ 500.00 STM 46 Furnish & Install 48" Cap 8-10' in Utility R.O.W 20 if $ 380.00 $ 7,600.00 R-12 Furnish & Install Bahia Sod >1000'sf 3000 sf $ 1.00 $ 3,000.00 R-16 Furnish Operator, Water Truck to irrigate 4 hr $ 100.00 $ 400.00 BP5 4" Bypass Pump 2 day $ 850.00 $ 1,700.00 WP -1 Wellpoint System up to 150 points 2 day $ 2,750.00 $ 5,500.00 Total $ 21,050.00 TOTAL Scenario 3 $21,050.00 Respectfully Scott J. JohiMn) President 4/1/2019 Page 413 of 735 April 1, 2019 Re: Bid No. 019-2821-19/IT Repairs and emergency Services for Utility Systems Date 4/01/19 Scenario 4 Johnson -Davis Inc. Bid No. 019-2821-19/IT Repairs and Emergency Services for Utility Systems Item Item Description Est Unit price Amount Quantity GC -2 Emergency Mobilization Utility LS $ 3,000.00 $ 3,000.00 R.O.W. repair GC -7 Digital Photos LS $ 350.00 $ 350.00 GC- MOT DOT Roadway LS $ 2,600.00 $ 2,600.00 10 WTR 20" DIP 10 if $ 275.00 $ 2,750.00 17 WTR Ductile Iron Fitting .13 ton $ 12,000.00 $ 1,560.00 23 NOT 20" Mega -Lug Restraint for DIP 4 ea $ 450.00 $ 1,800.00 LISTED NoT 20" Butterfly Valve 1 ea $ 3,900.00 $ 3,900.00 LISTED R-17 Remove & Dispose of Existing 55 sy $ 10.00 $ 550.00 Asphalt R-22 Furnish & Install 1 '/z SP 12.5 55 sy $ 80.00 $ 4,400.00 R-28 8" Limerock Base 55 sy $ 50.00 $ 2,750.00 R-29 12" Compacted Subgrade 55 sy $ 24.00 $ 1,320.00 Total $ 24,980.00 TOTAL Scenario 4 $24,980.00 Respe Scott , 4/1/19 Page 414 of 735 1 CERTIFICATE (For Partnership) I HEREBY CERTIFY that a meeting of the partners of a Partnership under the laws of the State of held on following resolution was duly passed and adopted: �S1C •i y �. 20 , the "RESOLVED, that as// of the Partnership, is hereby authorized to execute the Bid Form dated ! , 20 , between the City of Boynton Beach, Florida, and this Partnership,/and that the execution thereof, attested by the of the Partnership be the official ac f and deed of this Partnership." I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this _ day of 20 (Signature) (Title) STATE OF FLORIDA COUNTY OF Sworn to and subsc 'bed before me on this day of 120 by o ❑ is personally known to me or who ❑ has presented the following type of identification: Signature of Notary Public, State of Florida Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE I Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 72 Page 415 of 735 CERTIFICATE (For Corporation) -rte I HEREBY CERTIFY that a meeting of the Board of Directors ofl)kn.�(1- .�,_Ulii'5 1,✓A, a corporation under the laws of the State of E10 'f held on a-VIl L f 1142 20 the following resolution was duly passed and adopted: "RESOLVED, that St,,nTl �v 3 -OK 1500 as of the Corporation, is hereby authorized to execute the Bid Form dated Acr; f /Jrbl' 20, q, between the City of Boynton Beach, Florida, and this Corporation, and that execution thereof, attested by the Secretary of the Corporation and with corporate seal affixed, shall be the official act and deed of this Corporation". I further certify that such resolution is now in full force and effect. IN WITNESS WHEREOF, I have hereunto set my hand this day f r` , 20. Secretary STATE OF FLORIDA y� r,, COUNTY OF ISG I M I,'�Ci Ch Sworn to and subscribed before me on this )_ day of lEC(�l' 1 I 20j by L9 fI56 %2r . hI1, 00who is personally known to me or who ❑ has presented the following type of identification: .�l.a Signa ure of Notary Public, State of Florida 1711! ill ill %lona '-CC 15-99aO Notary seal (stamped in black ink) OR Printed, typed or stamped name of Notary and Commission Number DAWN M. CELONA LY Commission # GG 155920 A -19S Expires Noveff Dw 14, 2021 •.,Fos f °•' lk dud Thu Ty Fain Insurance 8003857019 THIS PAGE TO BE SUBMITTED ALONGIN 11JIMEM FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 73 Page 416 of 735 THIS POWER OF ATTORNEY IS NOT VALID UNLESS iT iS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No. 7963908 Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOW14 ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the lavas of the State of New Hampshlre; that Liberty Mutual Insurance Company is a .corporation duly organized ,under the laws of the Stale of h4assachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the `Companies"), pursuant to and by authority herein set forth, does hereby name. constitute and appoint, Maria Signorile• Benjamin A Stahl; Elizabeth K Sterling; Wesley P Williams all of the city of Atlanta , state of GA each individually it there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognisances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons, IN WITNESS WHEREOF, this Power ofArtomey has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 15th day of Decem bar 2017 v ySFySp t� w STATE OF PENNSYLVANIA ss COUNTY OF idONTGOfdERY The Ohio Casualty Insurance Company Liberty Mutual Insurance Company c West ,merican Insurance Company David iA. Corey, Assistant Secretary e On this 15th day of December 2017 , before me -personally appeared David IA. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual insurance Company, The Ohio Casualty Company,.and West American -Insurance Company, and that he; as such; being authorized so to do, execute the foregoing instrument for the. purposes therein contained by signing on behatf of the corporations*by himself as a duly authorized officer, IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. e P 74sT COMAZONWEALTli OF PENNSYLVANVi w G Noraral Seal� Temsn Past0a, Notary Purilic BY ., at ' Uppe,.t,ienonTwp., taontpoMM. ermly Teresa'Pastetla, Notary Public � v t.7y Comrrtission ESpires 64arch 2S 2D?7 7.fdrr'wcr.Pennsy9tiiaiaFsvxiliar:aYrM;anoa This Power of Attorney is made and executed pursuant to and by authority of the following By -taws and Authorizations of The Ohio, Casualty Insurance Company, Liberty Mutual Insurance Company and Vilest American Insurance Company which resolutions are now in full force and.effecl reading as follows: ARTICLE IV- OFFICERS - Section 12. Power of Attorney. Any officer or other dMiiciai of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may. prescribe, shall appoint such attomeys-in-fact, as may bz necessary to act in behalf of the Corporation to make, execute, seal. acknowledge and deliver as surely any and all undertakings, bonds,. recognizances and .other surety obligations_ Such attomeys-in-fact, subject to the firr ilaiions set forlh.in their respective powers of altamey, shalt have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so execuled,.such instruments shall be as binding as.if signed by the President and aftested t. by the Sevretary. Any power or authority granted to any representative or attomay-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman: the Pttisident or by the officer or officers granting such pourer or authority. ARTICLE XIII -Execution of Contracts.- SECTION 5; Surety Bonds and Undertakings. Any officer of the Company authooted, for that purpose in arifing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such allorneys-in-fact. as may be necessary to actin behalt of the Company to make, execute, seal,. acknowledge and deliver as surety any and all undertakings, bonds recognizances and other surety.obligations. Such attorneys -in -fact subject to the limitations sellorth in their respective powers of atlomey, shall have full power to bind the Company,by lhair signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary,, Certificate of Designation - The President of the Company, acting,pursuant to the Bylaws of the Company, authorizes David.M. Carey, Asssistant Secretary to appoint such attorneys -in. fact as,may be necessary to acct on behalf of, the Company to make,. execute, seal, acknowledge and deliver as surety any arid all undertakings, bonds, recognizances and other surety obligations. Authorfzatfon - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and Wast Amedcan Insurance Company do hereby certify that the original pourer of attorney of which the foregoing is a full, true and correct copy of the Power of Affomey executed by said Companies, is in full force and effect and has not been revoked. d* IN TESTIMONY WHEREOF, l have hereunto set my hand and affixed the sears Qf said4ompaties this 26th day of Mardi 20 19 xrt. tri` ~`ri,�1t By. Renee C. Ltev r ,rssi-ta t Secretary _ x -1— L 4 of 500 O� ,3: ca pr - A D D E N D A CITY OF BOYNTON BEACH FLORIDA 604 14illbl,Ei11-i �.ls Lantana, PL i BID TITLE: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID NO.: 019-2821-19/IT BIDDER: DATE SUBMITTED: We propose and agree, if this bid is accepted, to contract with the City of Boynton Beach, in the Contract Form, to furnish all material, equipment, machinery, tools, apparatus, means of transportation, construction, coordination, labor and services necessary to complete/provide the work specified by the Contract documents. Having studied the documents prepared by: CITY OF BOYNTON BEACH and having examined the project site (when indicated in these specifications to do so), we propose to perform the work of this Project according to the Contract documents and the following addenda which we have received: ADDENDUM NO. DATE ADDENDUM NO. DATE ❑ NO ADDENDUM WAS RECEIVED IN CONNECTION WITH THIS BID THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 74 Page 418 of 735 (5C1��- 1 i i 585-r`� BIDDER ACKNOWLEDGEMENT Submit Bids To: PROCUREMENT SERVICES 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6322 Bid Title: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS Bid Number: 019-2821-19/IT Bid Due By: APRIL 1, 2019, NO LATER THAN 2:30 P. M. Bids will be opened in Procurement Services unless specified otherwise. Bid receiving date and time is scheduled for: APRIL 1, 2019, no later than 2:30 P. M. (local time) and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Vendor: DCAt ii 5 11 ( J Federal I.D. Number: � 4) f 3'53 5 A Corporation of the State of: floc) Q Area Code: 561 Telephone Number: ,,%� - 1110 Area Code: H FAX Number: 65 —'5m 2 Mailing Address: 60 City/State/Zip: L , 34 Z 144 Au Drize Signature E-mail: S��/1�r� � 1�7o1l�'ItJn, rr�ern a -n �, �C��1 —Inti^�J i �t ►� Name Typed THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 75 Page 419 of 735 Y 0a LYON • A A STATEMENT 4 BIDDER shall furnish the following information. All questions to be answered in full, without exception. If copies of other documents will provide the appropriate answer to the question, they may be attached and clearly labeled. Failure to comply with this requirement will render Bid non-responsive and may cause its rejection. Additional sheets shall be attached as required. 1. BIDDER'S Name, Principal Address, Phone and Fax Number: L4-mt(ma , EL 31 A Z �'b '5171- 5v- I 1h 561- 5,q - 525 2. Number of years as a Contractor in this type of work: pa r"� Namestand titles of all officers, partners or individuals doing business underi trade name: scol I - ;�&a novi P .Crej I ( too V Ice, J1011 4. The business is a: Sole Proprietorship ❑ Partnership ❑ Corporation 5. What is the last project of this nature that you have completed? 140 a q 6(o e r (;Q 6. Have you ever failed to complete work awarded to you. If so, when, where and why? THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19AT Utilities — Repairs and Emergency Services 76 Page 420 of 735 _ t r =�-- 7. Have you personally inspected the proposed WORK and do you have a complete plan for itsy ' �. performance? i en - - List CMTs or GC's your company has worked for within the past three years. (List 2 other than those shown below) CM/GC� ontact Tel: No. 1�{��i jerson: Fax: CM/GC [ Contact Tel: No. 2 Person: Fax: 9. List three SIGNIFICANT PROJECTS completed within the past five years. Your $ Project ( !ocat'on: Subcontract $ Date No.1 pie l (�� - Amount: Completed: Contracting Contact Tel: Agency: Person: Fax: Your $ Project Location: Subcontract $ Date No. 2 Amount: Completed: Contracting Contact Tel: Agency: Person: Fax: Your $ Project Location: Subcontract $ Date i No.3 Amount: Completed: Contracting Contact Tel: Agency: Person: Fax: 10. List three SIGNIFICANT PROJECTS currently under construction. Your $ Project. n Lo ationj Subcontract $ Date No.1 t; t `� C v� Amount: Completed: Contracting Contact Tel: Agency: Person: Fax: Your $ Project Location: Subcontract $ Date No. 2 Amount: Completed: Contracting Contact Tel: Agency: Person: Fax: Your $ Project Location: Subcontract $ Date No. 3 Amount: Completed: Contracting Contact Tel: Agency: Person: Fax: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 77 Page 421 of 735 17114.1 FL Hnone 11. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 11 W 12. State the name and licensing of the individual who will have personal supervision of the WORK. Gi (i`t -- & ahe RJ Cct` i m : ,o per'I #11 616 0n c Q1 ),I C' f i0-)0 13. Will you sublet any part of this WORK? If so, give details. 14. What equipment do you own that is available for the WORK? 16. What equipment will you rent for the proposed WORK? Ua1 (- 17. Has the Bidder or any principals of the Firm failed to qualify as a responsible Bidder, refused to enter into a contract after an award has been made, failed to complete a contract during the past five (5) years, or been declared to be in default in any contract in the last five (5) years? If yes, please explain below: THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 78 aic. It Page 422 of 735 604 i 'illbTafl-i Drive t?ri , (-f_ J'.!4-" ,tj 18. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or'agalris' ,55-- 12_52 the Bidder, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each petition. 19. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 20. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in details the circumstances and prospects for resolution. 21. Bank References (include name, job title, and telephone number of contact person) — Minimum 1 �a��rca5f �a�► k 22. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. Government Related Work b. Non -Governmental Related Work Total Work a +b): 115 Cj, `Ca0 " q , C' � V Services Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. 1 $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater Cc THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 79 Page 423 of 735 r;•`.1.:;72 23. Principal Materials Manufacturer and Subcontractors. The BIDDER who proposes to perform WORK specified and shown on the Drawings is submitting this Bid Form. The Schedule of Bid Prices shown on the preceding pages(s) has been calculated and tabulated using basic material prices. The following is a list of material manufacturers and subcontractors whose materials and services such BIDDER proposes to furnish and utilize if awarded a CONTRACT for the WORK specified herein and shown on the Plans. It is understood that the following list is not complete, but includes the names of manufacturers of the principal components and subcontractors supplying principal services to such project. It is also understood that if awarded a Contract, the BIDDER will furnish the materials of the manufacturers and utilize the services of the subcontractors stated herein and that if for any reason whatsoever BIDDER wishes to substitute materials or subcontractors BIDDER shall request permission in writing from the CITY stating fully the reason for making such a request prior to ordering same. All manufacturers or their authorized vendors have been made aware of all the appropriate portions of the Bid Documents and agree that their materials will meet all of the requirements stated therein and deliveries will be scheduled so as not to impede the progress of the WORK. Materials: Item Manufacturer �. "Cc t11e.,:tm—_.-C c 4r(q, `a (31,1 djano i no, 6teJ Xi Cels I P 1 -r THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 80 Page 424 of 735 The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER he eby indemnifies the CITY and persons or entities listed above and hold them harmless from any claim , i�$rom such authorization or the exercise thereof, including the dissemination of information request q. I:lI Date THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 81 Page 425 of 735 RE R ixe U w cn w Q N z Q 2 Q z O 0 LL LL 0 W F-- ` vQ` /r I O z LU O C7 O U N V U C Z 0 F- V W DC Q Z _0 W LL ►rA MD W LL 0 F- W li Q a W a W ry LU Z D 0 LU M F- W in Z 0 W 0 W F— E O U cc O L C O N U � fQ fB .0 LL E 4-1U O .O iE N y_ Qu N {i U O .O N f0 Q LO M I- 4 4 O CO N N (II JOHNINC-02 PANDREE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ACORO" CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 07126/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS ;ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 3ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Johnson Insurance Racine 1103 Hunter Dr Ste 100 Mount Pleasant, WI 53406 NO TACT Sharon Majeski, ARM (A/CNNo, Ext): (920) 433-7107 (A/C, No):(877) 254-8586 n o IE . smajeski@johnsonins.com INSURERS AFFORDING COVERAGE NAIC # EACH OCCURRENCE $ 1'000,000 INSURERA:Zurich North America 16535 MED EXP (Any oneperson) $ 10,000 INSURED INSURERB:American Guarantee & Liability Insurance Co 26247 INSURER C: Johnson -Davis, Inc. INSURER D: 604 Hillbrath Drive Lantana, FL 33462 INSURER E INSURER F: ' COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN D SUER WvD POLICY NUMBER POLICY EFF IDD POLICY EXP M IDD LIMITS A ` X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX OCCUR GLO 9813382-00 07/01/2018 07/01/2019 EACH OCCURRENCE $ 1'000,000 DAMAGE TO RENTED 800,000 MI Ea occurrence) $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 1'000'600 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY jE T El LOC OTHER: GENERAL AGGREGATE $ 2'000,000 PRODUCTS - COMPIOP AGG $ 2,000,000 S } AUTOMOBILE LIABILITY X ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS X AUTOS ONLY X AUOTOS ONL� BAP 9813380-00 07/01/2018 07/01/2019 EO aaNd.,tSINGLE LIMIT S 1,000,000 BODILY INJURY Perperson) S BODILY INJURY Per accident $ PeraccidentDAMAGE $ $ B X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE AUC 5676415-00 07/01/2018 07101/2019 EACH OCCURRENCE $ 5'000,000 AGGREGATE $ 5,000,000 DED I X I RETENTION $ 0 $ WORKERS COMPENSATIONPE AND EMPLOYERS' LIABILITY Y I N OFFICEWMEMBER EXCLUDED? ECUTIVE ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA T TE OETH- E.L. EACH ACCIDENT $ E.L. DISEASE- EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT S A Equipment Floater CPP 4289118-00 07/01/2018 07/01/2019 Leased Rented 300,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If mores ace is required) Contractor's Pollution Liability - Policy # 7930030920003- Limit - $1,000,000 - 3/1/2018-3/1/2019 - Homeland Insurance Company of NY Johnson -Davis, Inc. 604 Hillbrath Dr. I Lantana, FL 33462 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPREESIENTATIVE �� V ACORD 25 (2016/03) @ 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 427 of 735 ACC>R o CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/26/2018 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS RTHIS -., r'ERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES ELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED EPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER M3 Insurance Solutions, Inc. 828 John Nolen Drive Madison WI 53713 CONTANAME: Alex Friedl PHONE FAX AIC No Ext): 608-288-2898 A/C No): ADDRESS: alex.friedl m3ins.com PRODUCER CUSTOMER ID#: JOHNINC-01 INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Amerisure Mutual Insurance Johnson -Davis Incorporated 604 Hillbrath Drive INSURER B: COMMERCIAL GENERAL LIABILITY Lantana FL 33462 INSURER C: INSURER D: INSURER E: DAMAGE TO RENTED PREMISES Ea occurrence $ INSURER F CLAIMS -MADE F] OCCUR COVERAGES CERTIFICATE NUMBER: 1600019087 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADD B POLICY NUMBER POLICY EFF POLICYEXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES Ea occurrence $ CLAIMS -MADE F] OCCUR MED EXP (Any one person) $ PERSONAL & ADV INJURY S GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG S $ 1,_7 POLICY PRO- LOC %$ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) ANY AUTO BODILYINJURY (Per person) $ ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE $ (Per accident) $ F NON -OWNED AUTOS $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR DEDUCTIBLE $ $ RETENTION $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N WC210013502 3/1/2018 3/1/2019 X I WC STATU- OTH- RY I I ER ANY PROPRIETOR/PARTNER/EXECUTIVEF-1 E.L. EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N / A (Mandatory in NH) E.L. DISEASE - EA EMPLOYE $1,000,000 E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) CERTIFICATE HOLDER Johnson -Davis, Inc. 604 Hillbrath Dr. Lantana FL 33462 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHOR ED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD Page 428 of 735 ANNE M. GANNON CONSTITUTIONAL TAX COLLECTOR Serving Paha Brach Comity serving you. P.O. Box 3353, West Palm Beach, FL 33402-3353 "LOCATED AT" www.pbctax.com Tel: (561) 355-2264 604 HILLBRATH DRIVE LANTANA, FL 33462-1656 TYPE OF BUSINESS OWNER 23-0137 CW UNDERGROUND UTILITY 8 JOHNSON SCOTT J This document is valid only when recelpted by the Tax Collector's Office JOHNSON DAVIS INC JOHNSON DAVIS INC 604 HILLBRATH DR LANTANA, FL 33462-1656 ANNr- M. GANNON CONSTITUTIONAL TAX COLLECTOR Serving Pohn Beactr Courtly Serving you, CERTIFICATION' RECEIPT B/DATE PAID AMT PAID I BILL # CUC043087 U18.594651•P7/16118 5185.85 I 640139445 STATE OF FLORIDA PALM BEACH COUNTY 2018/2019 LOCAL BUSINESS TAX RECEIPT B2 - 3246 LBTR Number: 199306318 EXPIRES: SEPTEMBER 30, 2019 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. P.O. Box 3353, West Palm Beach, FL 33402-3353 —LOCATED AT'" www.pbctax.com Tel: (561) 355-2264 604 HILLBRATH DRIVE LANTANA, FL 33462-1656 TYPE OF BUSINESS OWNER 23-0097 UNDERGROUND UTILITY & EXCAVATION JOHNSON SCOTT J This document is valid only when recelpted by the Tax Collector's Office. JOHNSON DAVIS INC JOHNSON DAVIS INC 604 HILLBRATH DR LANTANA, FL 33462-1656 CERTIFICATION # I RECEIPT 11/DATE PAID AMT PAID BILL P CUC043087 U18.594 651 - 07/16118 $99.00 640139444 STATE OF FLORIDA PALM BEACH COUNTY 133 - 3246 2018/2019 LOCAL BUSINESS TAX RECEIPT LBTR Number: 199306319 EXPIRES: SEPTEMBER 30, 2019 This receipt grants the privilege of engaging in or managing any business profession or occupation within its jurisdiction and MUST be conspicuously displayed at the place of business and in such a manner as to be open to the view of the public. Page 429 of 735 Johnson -Davis., Inc references Palm Beach County Water Utilities Department Joseph Tanacredi, P.E Tel: 561- 493 — 6088 Fax: 561- 740- 4600 Burkhardt Construction, Inc. Christopher J. Rhody Tel: 561-659-1400 Fax: 561- 659 —1402 Ranger Construction, Inc. Patrick Flynn Tel: 321-288-2484 Fax: 407-656-3188 Town of Jupiter Amanda Z. Barnes, P.E Tel: 561-741-2537 Page 430 of 735 PROJECT: CONTRACTOR: CONTRACTOR CONTACT: CELL PHONE: PROJECT LOCATION: CONTRACT AMOUNT: COMPLETION DATE: CURRENT JOBS FOR REFERENCE EDWARDS ROAD CANAL STABILIZATION CITY OF FORT PIERCE JOHN R. ANDREWS, PE 772-460-2200 FORT PIERCE $421,910.00 JULY 5TH 2019 '17 PROJECT: NE 304TH STREET BOX CULVERT REPAIRS CONTRACTOR: OKEECHOBEE COUNTY OFFICE OF COUNTY ENGINEER CONTRACTOR CONTACT: JOHN E. HOWLE CELL PHONE: 863-763-6441 PROJECT LOCATION: OKEECHOBEE CONTRACT AMOUNT: $943,003.00 PROJECT: ALTERNATE A1A 16 -INCH FORCE MAIN EXTENSION CONTRACTOR: LOXAHATCHEE RIVER DISTRICT CONTRACTOR CONTACT: Ms. CLINTON R. YERKES CELL PHONE: 561-747-5700 PROJECT LOCATION: LOXAHATCHEE CONTRACT AMOUNT: $1,384,000.00 Page 431 of 735 PROJECT: NORTH & SOUTH ROAD CONTRACTOR: City of Boynton PASTJOBS FOR REFERENCE Jose Huertas CELL PHONE: 561-742-6487 .5? Boynton Beach CONTRACT AMOUNT: P COMPLETION DATE: March 2018 5 61A 2 PROJECT: AlA BIKE LANES CONTRACTOR: Town of Jupiter CONTRACTOR CONTACT: Thomas Driscoll CELL PHONE: 561-741-2300 PROJECT LOCATION: Jupiter Florida CONTRACT AMOUNT: $3,269,575.88 COMPLETION DATE: November 2015 PROJECT: NORTH & SOUTH ROAD CONTRACTOR: City of Boynton CONTRACTOR CONTACT: Jose Huertas CELL PHONE: 561-742-6487 PROJECT LOCATION: Boynton Beach CONTRACT AMOUNT: $1,996,506.89 COMPLETION DATE: March 2018 PROJECT: MAYFLOWER CANAL STABILIZATION (Edwards Road to Gardenia Avenue) CONTRACTOR: City of Fort Pierce CONTRACTOR CONTACT: John R. Andrews, P.E CELL PHONE: 772-460-2200 PROJECT LOCATION: Fort Pierce CONTRACT AMOUNT: $2,020,900.00 COMPLETION DATE: December 29, 2018 Page 432 of 735 ji,ir', JOHN&'DN-DiWl.:�', N'_.; 604 Hilibrath ["11116 Lar)tana, F!_ 3146 52 Phone `5611, 5df,` I I SCOTT J. JOHNSON 6 5 -- EDUCATION: BS — Civil Engineering Bucknell University, Lewisburg, PA A92*4ff1#k1L*3A_ F9§ JDP JOHNSON-DAVIS INC. 1992 — Present Johnson -Davis Inc., Lantana, FL President Underground utility construction contractor specializing in water, sewer, storm drainage systems, as well as highway and road construction. 1981-1992 Johnson -Davis Inc., Lantana, FL Project Manager/Estimator 1977-1981 Johnson -Davis Inc., Lantana, FL Pipe Foreman 1976-1977 Palm Beach Utilities, Palm Beach Gardens, FL Utility Inspector/Land Surveyor RELATED ACCOMPLISHMENTS: National Utility Contractors Association of Florida (member and two-time Past President) Associated General Contractors (member and Past President, Florida East Coast Chapter) Underground Contractors Association of South Florida (member and three -time Past President) Certified Underground Utility and Excavation Contractor State of Florida — License # CUC043087 aae ROBERT A. HOPLER ?OIJtiSvP`J-DVi� C4 tom., I""C' 504 1KIlbiath f il"_AD,162 J)m Phone (561 588-1170 JOHNSON-DAVIS INC. F a;: (5611 581, EDUCATION: BS — Civil Engineering Bucknell University, Lewisburg, PA MBA Rutgers University, Newark, NJ EXPERIENCE: 2006 — Present Johnson -Davis Inc., Lantana, FL Vice President Underground utility construction contractor specializing in water, sewer, storm drainage systems, as well as highway and road construction. 2004 —2006 Nordic Contracting Co., Inc., NJ Controller 1983 —2004 Stroud-Hopler, Inc., NJ President and sole stockholder Heavy/highway construction company Private and Public sectors 1980-1983 Stroud-Hopler, Inc., NJ Project Manager — Site Supervisor 1978-1980 Nichols Engineering and Research, NJ Project Engineer RELATED ACCOMPLISHMENTS: NJ Licensed Professional Engineer 604 ill Lantana, FL a.,r' CHRISTOPHER JOHNSON F!c (561` `'B8-1 1' �11 EDUCATION: BBA Stetson University, Deland, FL CPR Certified EXPERIENCE: OP j4p JOHNSON-DAVIS INC. 2008 — Present Johnson -Davis Inc., Lantana, FL Secretary/Treasurer/Estimator Underground utility construction contractor specializing in water, sewer, storm drainage systems, as well as highway and road construction. 1992 —2008 Johnson -Davis Inc., Lantana, FL Secretary/Treasurer/Operations Manager Oversee field operations of 150 field personnel in seven southeast Florida counties. Scheduling 16 crews, coordinate the maintenance and transportation departments, monitor the overall effectiveness of the field operation. 1983-1992 Johnson -Davis Inc., Lantana, FL General Superintendent Scheduling all field crews. Responsible for between 3 and 12 crews in the construction of municipal and private infrastructure improvements. 1981 —1983 Johnson -Davis Inc., Lantana, FL Foreman Field supervisor responsible for 4 to 5 person crew installing water main, water services, and conflict crossings. MATTHEW CRIST EDUCATION: EXPERIENCE: OHNSOWDAV1�:), 1NC 604 ;;illb ath Drive FL 4.16 Phone ;561 !5-6--117 0 F2V f, 5.5-_5252-18 JD JOHNSON-DAVIS INC. BS — Building Science Rensselaer Polytechnic Institute, Troy, NY 2018 — Present Johnson -Davis Inc., Lantana, FL Project Manager Underground utility construction contractor specializing in water, sewer, storm drainage systems and dewatering, as well as highway and road construction. Tasks include project takeoffs, material ordering, subcontractor agreements, project meetings, monthly billing, and change orders. 2008-2018 Hubbard Construction Co, Winter Park, FL Project Manager Managed heavy civil public and private construction r � projects for one of Florida's largest heavy civil construction contractors. Responsible for multi-year, multi -phase bridge and highway projects in Florida and Georgia. Work included design/bid/build and design/build/finance. 2001— 2008 Hubbard Construction Co, Winter Park, FL Project Engineer RELATED ACCOMPLISHMENTS: ATSSA Certified Traffic Control Supervisor FDEP Qualified Stormwater Management Inspector OSHA 30 Hour in Construction Safety and Health Experienced with SAP, Primavera P6, Bluebeam Revu, Viewpoint, MS Office e .,+L1`3f Zi" 1j, •, ii��C,,. is �,. .� CONFIRMATION OF DRUG-FREE WORKPLACE r :r Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than 5 days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free wq ugh implementation of this section. As the person authorized to sign the statement, I certify thcomplies fully with the above requirements. enura j 5CA 111 d f io'i THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-1911T Utilities — Repairs and Emergency Services 82 Page 437 of 735 IMARAAft 990b, Mellm Re: Notice of Random Drug Screening ,?Ui✓S 60 � ; IIb,-aih Dr ve FL 334162 hC, (561 ung i TO, In compliance with the Johnson:Davis, Inc. Drug -Free Workplace Policy, each employee, as a condition of continued employment, is subject to medical or physical examination or tests, including urine drug screen. An employee, who refuses to submit to drug testing, as provided for in this Policy, will be asked to leave the office or project site immediately and the employee will be discharged. Please complete and sign the attached acknowledgement and authorization form and return to your foreman and/or superintendent. You must proceed to a LabCorp testing center in your local area upon receipt of this notice. (See superintendent for LabCorp locations). A copy of the Johnson -Davis, Inc. Drug -Free Workplace Policy is also attached for your information and reference. Please keep a copy of this policy along with your employee handbook. Thank you for your cooperation. Page 438 of 735 604 Mlbrmtlh J ik,_an WHAT TO DO ABOUT HARASSING CONDUCT ... An employee who believes he or another Company employee has been subjected to harassing conduct should immediately contact the Human Resources Director. A prompt investigation will be conducted of each and every complaint and appropriate action will be taken. Employees are - required to participate in all J -D investigations. Complaints will be handled confidentially, to the extent possible. The Human Resources Director has the responsibility for investigating and resolving complaints of harassment. In the event of a complaint involving the Human Resources Director, J -D's President should be notified and he will fulfill the investigatory role in this process. No Retaliation or Reprisals Employees have a duty to report any harassment they either experience or observe, regardless of whether the alleged harassment is being perpetrated by a J -D employee or any other third party. Under no circumstances will a person be retaliated against because of a bona fide report of harassing conduct. Drug -Free Workplace J -D is committed to protecting the safety, health, and well-being of its employees and all individuals who come into contact with its workplace and property, and/or use its products and services. As part of this mission, J -D is committed to maintaining a Drug -Free Workplace. Substance abuse, which includes the possession, use or sale of illegal drugs or the unlawful use or misuse of lawful substances, including alcohol and prescription drugs, will not be tolerated. J -D also prohibits the illicit use, possession., sale, attempted sale, purchase, attempted purchase, conveyance, distribution, cultivation or manufacture of illegal drugs, intoxicants, or controlled substances in any amount or in any manner. It is a condition of employment at J -D to refrain from using illegal drugs and unlawfully using lawful substances, including alcohol and prescription medicines, and to _ abide by the guidelines of the Company's Drug -Free Workplace Policy. r 3 Page 439 of 735 Irl �..��✓ Certain employees of J -D, who operate commercial motor vehicles, and must be subjected to enhanced drug testing standards pursuant to the regulations of the Federal Motor Carrier Safety Administration contained in 49 C.F.R. Parts 40 and 382. J -D will provide these employees with a copy of J -D's Commercial Driver's License Drug Testing Policy and are expected to comply with the Policy's enhanced requirements in all respects. 4 Page 440 of 735 NON COLLUSION AFFIDAVIT OF PRIME BIDDER State of Ci< -jz;"dU- ) County of Nyfl I 0rfn ) co" ti,I, , being first duly sworn, deposes and says that: 1) He is pr?'ta d ea T of Tiry. (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Such bid is genuine and is not a collusive or sham bid; 4) Further, such bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and j 5) The price or prices quoted in the attached bid are fair andprop and a not tainted by any collusion, conspiracy, connivance or unlawful agreement on thear4f 9 bidder or any of its agents, representatives, owners, employees, or parties in interes ,id this affiant. Subscribed and sworn to before me This _� day of (I Oo (Signed) (Title , 20 I ci My commission expires ILXWZ/i U -M,-- :=oDAWN M. CELONA Commission # GG 155920 Expires November 14, 2021 Bor&q Tlw Troy Fain insurance 800-385.7019 V-YO'i A. q n h n oo t/) THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 83 Page 441 of 735 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA ) SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the su erel b' will be paid to any employees of the City of Boynton Beach as a commission, kickb 4re a of gift, directly or indirectly by me or any member of my firm or by an officer of the corp yn ; Al Sworn and subscribed before e this day of 20 jCj— )3ku0(hpn pI �) NOTARY PUBLIC, State of Florida at Large DAWN M. CELONA Commission # GG 155920 ".•,'o= Expires November 14, 2021 ?• P: Banded Tin Troy Fain tnsiaanm BW3857019 "OFFICIAL NOTARY SEAL" STAMP \ 1n- l"r,1 `! — NAME - SIGNATUR Printed Information: �5)obig ito6i NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 84 Page 442 of 735 i an+anp 5 8 TRENCH SAFETY ACT AFFIDAVIT On October 1, 1990, House Bill 3183, known as the Trench Safety Act became law. This incorporates the Occupational Safety & Health Administration (OSHA) revised excavation safety standards, citation 29 CFR.S. 1926.650, as Florida's own standards. The Proposer, by virtue of its signature below, affirms that it is aware of this Act, and will comply with all applicable trench safety standards. Such assurance shall be legally binding on all persons employed by the Contractor and its subcontractors. The proposer is also obligated to identify its anticipated method and cost of compliance with the applicable trench safety standards. PROPOSER ACKNOWLEDGES THAT INCLUDED IN THE VARIOUS ITEMS OF THE PROPOSAL AND IN THE TOTAL BID PRICE ARE COSTS FOR COMPLYING WITH THE FLORIDA TRENCH SAFETY ACT (90-96 LAWS OF FLORIDA). THESE ITEMS ARE A BREAKOUT OF THE RESPECTIVE ITEMS INVOLVING TRENCHING AND WILL NOT BE PAID SEPARATELY. THEY ARE NOT TO BE CONFUSED WITH BID ITEMS IN THE SCHEDULE OF PRICES, NOR BE CONSIDERED ADDITIONAL WORK. IN ORDER TO BE CONSIDERED RESPONSIVE, THE PROPOSERS MUST COMPLETE* THIS FORM, I.E. IDENTIFY THE COSTS AND METHODS SUMMARIZED BELOW, SIGN AND SUBMIT IT WITH THEIR BID DOCUMENTS. *COMPLETION REQUIRES PROPOSERS TO FILL IN THE APPROPRIATE DETAILS UNDER THE FOLLOWING HEADINGS: Description Unit Quantity Unit Price Extended Price Method, 41 2-, 00 V— 0 ek Vt. V\ I, ✓.j etojp- 1-7 41_& THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 85 Page 443 of 735 (D H. N SC) !'\i - D N4 i C - 604 11+11brath D Lantana" FL. 334.62 70 P h o na 11 -1-, Fax 1\56 i SAFETY PROGRAM COMPLIANCE Safety is a high priority in the conducting of business in the City of Boynton Beach. Preference shall be given to contractors with an established safety program following O.S.H.A. guidelines, and documented results establishing a safe working environment. 1. Bidder shall provide a copy of the Safety Program(s) to be in effect for the duration of the Contract (attach to the back of this form). 2. The City reserves the right to conduct periodic safety inspections of the contractor, subcontractor, employees, agents, etc. throughout the duration of the Contract. 3. The City reserves the right to terminate the Contract where it is determined that the contractor or subcontractor is in non-compliance of the safety terms, regulations or requirements established by O.S.H.A. or the State. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. A AUTHORIZED SIGNATURE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 01 9-2821-19/1T Utilities — Repairs and Emergency Services 86 Page 444 of 735 JOHNSON-DAVIS INC. "Construct With Confidence" illl5ili�l , , 1111, q�1�1�lgr 1, ill., if "yij All i, 1- f muffilm I, 1 20 Si Q Rev 5, 2/4/2019 Page 445 of 735 Health & Safety Program Outline —Johnson — Davis Inc. Introduction: "Management Commitment and Expectations" ------ 1. Safety Program — General Overview-----------------------------------------------------------------------------------7 1.1. Duty to Become Familiar with the Program----------------------------------------------------------------7 1.2. Compliance with Safety Rules----------------------------------------------------------------------------------7 1.3. Disciplinary Policy Related to Safety--------------------------------------------------------------------------7 Hand Protection-------------------------------------------------------------------------------------------------26 1.4. "Timeline" of Safety Activities---------------------------------------------------------------------------------9 3.8. 1.5. Daily Pre -job Safety Meetings--------------------------------------------------------------------------------10 1.6. Weekly Safety Talks---------------------------------------------------------------------------------------------10 Work Zone High Visibility Vests------------------------------------------------------------------------------29 1.7. Safety Committees----------------------------------------------------------------------------------------------11 Rev 3 — 09/17/2018 1.8. Annual Refresher Training-------------------------------------------------------------------------------------12 1.9. Job Site Safety Audits-------------------------------------------------------------------------------------------12 1.10. Site Specific Health and Safety Plans(SSHASP)----------------------------------------------------------- 12 1.11. The "Activity Hazard Analysis" (AHA)-----------------------------------------------------------------------13 1.12. Training Requirements by Employee Level of Responsibility -----------------------------------------13 1.13. New Employee Orientation-----------------------------------------------------------------------------------14 1.14. Subcontractors---------------------------------------------------------------------------------------------------14 1.15. Substance Abuse Program------------------------------------------------------------------------------------15 1.16. OSHA's Focus Four — Rules to "Live" by------------------------------------------------------------------15 2. Roles and Responsibilities—General Overview--------------------------------------------------------------------16 1 2.1. Conduct------------------------------------------------------------------------------------------------------------16 2.2. Personal Responsibility and Accountability "Duty to Ourselves and Others" --------------------16 2.3. Foremen-----------------------------------------------------------------------------------------------------------16 2.4. Superintendents-------------------------------------------------------------------------------------------------17 2.5. Safety Director/Safety Personnel----------------------------------------------------------------------------18 2.6. Emergency Planning--------------------------------------------------------------------------------------------19 2.7. Weather-----------------------------------------------------------------------------------------------------------19 2.8. Incident Analysis and Reporting-----------------------------------------------------------------------------19 2.9. Extended Work Hours------------------------------------------------------------------------------------------23 3. Personal Protective Equipment (PPE) — General Overview ------------------------------------------------------24 3.1. General ------------------------------------------------------------------------------------------------------------- 24 3.2. Clothing and Wearing of Apparel----------------------------------------------------------------------------24 3.3. Eye and Face Protection---------------------------------------------------------------------------------------25 3.4. Lasers---------------------------------------------------------------------------------------------------------------26 3.5. Head Protection-------------------------------------------------------------------------------------------------26 3.6. Hand Protection-------------------------------------------------------------------------------------------------26 3.7. Foot Protection--------------------------------------------------------------------------------------------------27 3.8. Hearing Protection----------------------------------------------------------------------------------------------27 3.9. Respiratory Protection-----------------------------------------------------------------------------------------28 3.10. Work Zone High Visibility Vests------------------------------------------------------------------------------29 Johnson — Davis Inc. Page 1 Rev 3 — 09/17/2018 Page 446 of 735 8.1. Hazards-------------------------------------------------------------------------------------------------------------63 8.2. Controls for Protection Against Injury----------------------------------------------------------------------63 Johnson —Davis Inc. Page 2 Rev 3 — 09/17/2018 Page 447 of 735 `,J�- 4-li itii illi 1: �, �t .G `1 4. Hazardous Substances and Environments — General Overview ------------------------------------------------30 4.1. Hazard Communication Program/Globally Harmonized Standard ----------------------------------30 4.2. Asbestos-----------------------------------------------------------------------------------------------------------32 4.3. Lead in Construction--------------------------------------------------------------------------------------------33 4.4. Silica---------------------------------------------------------------------------------------------------------------35 4.5. Raw Sewage------------------------------------------------------------------------------------------------------37 4.6. Heavy Equipment on Job Sites-------------------------------------------------------------------------------37 4.7. Loading/Unloading Heavy Equipment----------------------------------------------------------------------39 5. Trenching and Excavating — General Overview---------------------------------------------------------------------40 5.1. Definitions---------------------------------------------------------------------------------------------------------40 5.2. Pre-operation procedures-------------------------------------------------------------------------------------42 5.3. Soil Classification------------------------------------------------------------------------------------------------42 5.4. Frequency of Soil Classification and Inspection ----------------------------------------------------------44 5.5. Access and Egress-----------------------------------------------------------------------------------------------45 5.6. Vehicular Traffic Exposure------------------------------------------------------------------------------------45 5.7. Failing Loads------------------------------------------------------------------------------------------------------45 5.8. Warning Systems for Mobile Equipment------------------------------------------------------------------46 5.9. Hazardous Atmospheres---------------------------------------------------------------------------------------46 5.10. Excavating Equipment------------------------------------------------------------------------------------------46 5.11. Factors Affecting Trench Safety------------------------------------------------------------------------------47 - 5.12. Protective Systems----------------------------------------------------------------------------------------------47 5.13. Benching-----------------------------------------------------------------------------------------------------------48 5.14. Shoring Regulations---------------------------------------------------------------------------------------------49 5.15. Emergencies------------------------------------------------------------------------------------------------------52 5.16. Responsibilities--------------------------------------------------------------------------------------------------53 6. Fire Prevention and Protection — General Overview--------------------------------------------------------------54 6.1. Guidelines---------------------------------------------------------------------------------------------------------54 6.2. Housekeeping----------------------------------------------------------------------------------------------------54 6.3, Smoking------------------------------------------------------------------------------------------------------------55 6.4. Fire Protection---------------------------------------------------------------------------------------------------56 6.5. Fire Extinguisher Classifications-----------------------------------------------------------------------------56 6.6. P.A.S.S. Method-------------------------------------------------------------------------------------------------57 7. Tools — Hand and Power — General Overview----------------------------------------------------------------------58 7.1. General Requirements-----------------------------------------------------------------------------------------58 7.2. Portable Electric Tools-----------------------------------------------------------------------------------------59 7.3. Fixed Electric Tools----------------------------------------------------------------------------------------------60 7.4. Pneumatic and Hydraulic Tools------------------------------------------------------------------------------60 7.5. Powder Actuated Tools----------------------------------------------------------------------------------------61 7.6. Portable Gas Powered Tools----------------------------------------------------------------------------------61 8. Materials Handling —General Overview------------------------------------------------------------------------------63 8.1. Hazards-------------------------------------------------------------------------------------------------------------63 8.2. Controls for Protection Against Injury----------------------------------------------------------------------63 Johnson —Davis Inc. Page 2 Rev 3 — 09/17/2018 Page 447 of 735 11 �(�!�|����|�-��\!�>|�- ' - �-anfarip.f���4�� 83. Precautions for Safely Lifting and Handling Materials 8.4. Safe Lifting Practices -------------------------------------------------------------------------------------------- »5 8.5. Pre -lift Inspection and Considerations --------------------------------------------------------------------- 65 8.6. Mechanical Lifting Devices ------------------------------------------------------------------------------------ O6 8.7. Powered Lifting Devices — Forklift Operations ----------------------------------------------------------- 67 D.O. Handling Hazardous Materials and Storage --------------------------------------------------------------- 69 9. Ladders, Scaffolding and Aerial Lifts ' General Overview -------------------------------------------------------- 71 9.1. General Requirements for Ladders ------------------------------------------------------------------------- 71 9.2. Use ofLadders --------------------------------------------------------------------------------------------------- 72 9.3. General Requirements for Scaffolds ------------------------------------------------------------------------ 72 9.4. Aerial Lifts and Mobile Scaffolds ----------------------------------------------------------------------------- 74 9.5. Bucket Trucks ----------------------------------------------------------------------------------------------------- 7S 9.6. Boom and Scissor Lifts ------------------------------------------------------------------------------------------ 77 1O.Confined Space Entry —General Overview --------------------------------------------------------------------------- 79 10.1. Definitions -------'-----------------------------------------'---'79 10.2. Responsibilities ---------------------------------------------------------------------------------------------------- 8S 10.3. Confined Space Determination ------------------------------------------------------------------------------ D9 10.4. Confined Space Classification -------------------------------------------------------------------------------- 9O 10.5. Alternate Procedure Entry spaces -------------------------------------------------------------------------- 91 10.6. Entry Permits ----------------------------------------------------------------------------------------------------- 9Z 1O7 -\ . . —_----'--'----------'---_----_—'--------------'---'_- Hazard 93 10.8. Confined Space Atmospheric Testing ----------------------------------------------------------------------- 93 10.9. Entry Procedures ------------------------------------------------------------------------------------------------ Q7 10.10. Confined Space Entry Procedure Flowchart -------------------------------------------------------------- 9D 10.11. Rescue and Emergency Services ----------------------------------------------------------------------------- 99 10.12. Emergency Response ----------------------------------------------------------------------------------------- 100 10.13. Breathing Equipment ----------------------------------------------------------------------------------------- 1O1 10.14. Warning Signs and Symbols --------------------------------------------------------------------------------- lO1 10.15. Subcontractors ------------------------------------------------------------------------------------------------- 1OZ 10.16. Stored Energy Isolation and Lock -out Tag -out --------------------------------------------------------- 1O3 10.17. Personal Protective Equipment ---------------------------------------------------------------------------- 1U3 10.18. Training ---------------------------------------------------------------------------------------------------------- lO4 10.19. Documentation ------------------------------------------------------------------------------------------------- 1OS 11.Electrical Safety — General Overview -------------------------------------------------------------------------------- lO6 11.1. General Requirements ---------------------------------------------------------------------------------------- 1UG 11.3. Lock — Out, Tag — Out Procedures ------------------------------------------------------------------------- 1D7 11.3. Lock — Out, Tag — Out Termination ------------------------------------------------------------------------ 1UD 11.4. Working Near Energized Facilities ------------------------------------------------------------------------- 1D9 12.Fall Protection — General Overview ---------------------------------------------------------------------------------- 11O 12.1. Definitions -------------'--------------------------------------110 12.2. Fall Protection Systems Criteria and Practices ---------------------------------------------------------- 114 /--, 12.3. Personal Fall Arrest Systems -------------------------------------------------------------------------------- 115 ( ) Johnson — Davis Inc. Page Rev 3—O9/17/ZD18 Page 448 of 735 �O4�r�U����v� P|�n� 12.4. Positioning Device 117 13.5. Safety Monitoring Systems 117 13.6. Warning Line Systems ---------------------------------------------------------------------------------------- 117 12.7. Covers ------------------------------------------------------------------------------------------------------------ 118 12.8. Protection fromFalling Objects ---------------------------------------------------------------------------- 11Q 12.9. Canopies --------------------------------------------------------------------------------------------------------- 118 12,10, Toe Boards ------------------------------------------------------------------------------------------------------- 11Q 13.First Aid and CPR — General Overview ------------------------------------------------------------------------------- 12O 13.1. First Aid Familiarity -------------------------------------------------------------------------------------------- 12O 13,2. Bites and Stings ------------------------------------------------------------------------------------------------- 124 13.3. Cardiopulmonary Resuscitation (CPR) --------------------------------------------------------------------- 127 14.Blood borne Pathogen Control — General Overview ------------------------------------------------------------- 1Z9 14.1. Exposure Control Plan ---------------------------------------------------------------------------------------- 129 14.2. Definitions -----------------------------------------------------139 14.3. Responsibilities ------------------------------------------------------------------------------------------------- 13O 14.4. Exposure Determination ------------------------------------------------------------------------------------- 131 14.5. Procedures ----------------------------------------'--'---------131 14.6. Post Exposure Procedures ----------------------------------------------------------------------------------- 133 14.7. Post Exposure Evaluations ----------------------------------------------------------------------------------- 134 14.8. Labels & Signs --------------------------------------------------------------------------------------------------- 13S 14.9. Housekeeping --------------------------------------------------------------------------------------------------- 1]S 14.10. Training and Information ------------------------------------------------------------------------------------ 136 14.11. Documentation ------------------------------------------------------------------------------------------------- 136 lS.Facility and General Yard Safety — General Overview ----------------------------------------------------------- 141 15.1. General Office Safe Work Practices ----------------------------------------------------------------------- 141 15.2. Workstations ---------------------------------------------------------------------------------------------------- 142 15.3. Shop/Yard Safe Work Practices ---------------------------------------------------------------------------- 143 15.4. Storage ----------------------------------------------------------------------------------------------------------- 144 25.5. Temporary Facilities ------------------------------------------------------------------------------------------- 14S 15.6. Class rooms/Co nferenceRooms ---------------------------------------------------------------------------- 14G 16, Environmental Considerations and Guidelines — General Overview ----------------------------------------- 148 16.1. Immediate Action tobeTaken ifaSpill Should Occur ------------------------------------------------ 148 16,2, Florida State Environmental Law -------------------------------------------------------------------------- 14Q 163, Notification Requirements ---------------------------------------------------------------------------------- 148 16.4. Cleanup Requirements --------------------------------------------------------------------------------------- 149 16.5. Source Removal Report -------------------------------------------------------------------------------------- 154 16.6. Job Site Bulk Diesel Tanks ------------------------------------------------------------------------------------ 155 17.Hurricane Preparedness & Response — General Overview ----------------------------------------------------- 156 17.1. Introduction ----------------------------------------------------------------------------------------------------- 156 17.2. Your Safety ------------------------------------------------------------------------------------------------------ 156 17.3. Think Before You Act ------------------------------------------------------------------------------------------ 15G --,17.4. Stop —Think — Act model ------------------------------------------------------------------------------------ IS7 / � `�'' Johnson — Davis Inc. Page 4 Rev 3 — 09/17/2018 Page 449 of 735 �O4Ulb-[�-"Uh���p� �2n12i FL 3' ph0. 117� 17.5. How toPrepare for Major Emergencies 7 17.6. The Incident Command Procedure 158 17.7. First Line Supervisors ----------------------------------------------------------------------------------------- 160 17.8. Fire orExplosion —6O4Hi||brathDrive, Lantana ------------------------------------------------------- 161 17.9. Hurricane Preparedness — All Work Areas --------------------------------------------------------------- 162 17.10. Medical Emergencies ----------------------------------------------------------------------------------------- 164 17.11, Utility Failures -------------------------------------------------------------------------------------------------- 165 17.12. Other Major Disasters mrExplosions ---------------------------------------------------------------------- 165 17,13. Terrorist Acts ---------------------------------------------------------------------------------------------------- 188 17.14. Emergency Basics: Fire ---------------------------------------------------------------------------------------- 171 17.15. Emergency Basics: Bomb Threat 17.16. Chain of Command 175 17.17. Incident Command System ---------------------------------------------------------------------------------- l76 17.18. Communications ----------------------------------------------------------------------------------------------- 277 17.19. Outside Agency Contact List -------------------------------------------------------------------------------- l7O 17.20. Hurricane Preparedness -------------------------------------------------------------------------------------- 18U 17.21. Business Continuity Planning ------------------------------------------------------------------------------- 186 17.23. Field Operations Business Continuity Planning 188 17.23. Hospitals byCounty 196 18.Motor Vehicles —General Overview --------------------------------------------------------------------------------- ZO8 18.1 Safe Driving Rules 18I Basic Safety Rules uy 18.4. CDL Drivers 10 l9.Work Zone Traff icContro|—Genera|Overvi 212 19.1. General Requirements ---------------------------------------------------------------------------------------- Z12 19.2. Traffic Control Plan 20. Working Under orNear Overhead Electric Lin 21, Appendices 21.1.Johnson — Davis Weekly Safety Meeting 19 21.2. Johnson — Davis Pre -job Safety Meeting Form 20 21.3.Site Specific Health 6kSafety Plan Template (SSHASP)-------------------------------------------------- Z22 21.4.Johnson — Davis Activity Hazard Analysis (AHA) ---------------------------------------------------------- 236 21,5.Johnson — Davis Subcontractor Safety Pre -qualification ------------------------------------------------ 2]7 21.G.Johnson — Davis Site Safety Audit/Evaluation Form ----------------------------------------------------- 245 2I.TJohnson — Davis Vehicle Visor Card -------------------------------------------------------------------------- 247 21.D.Johnson — Davis Equipment Safety Checklist -------------------------------------------------------------- 24Q 21.9.Johnson — Davis Shoring Tabulated Data (SAKAPLE)------------------------------------------------------ 2SO 21.1D.Johnson — Davis Confined Space Entry Permit ----------------------------------------------------------- 251 21.11.Johnson — Davis Confined Space Entry Procedure Flow Chart --------------------------------------- 25Z Z1.I2.Johnson — Davis Hazardous Spill Report ------------------------------------------------------------------- Z53 21.13. ]ohnson—DmvisA|ternate Procedure Entry Determination form ----------------------------------- 354 Johnson — Davis Inc. Page Rev 3—O9/17/ZU1Q Page 450 of 735 22. Silica Exposure Control Pla 22.1. Appendix 14 —Johnson -Davis Silica ECP Site Templa 23. Revision Hi U IJ ji LJ 4 :_ainta.,na. ZI 255 278 -279 Johnson — Davis Inc. Page 6 Rev 3 — 09/17/2018 Page 451 of 735 In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code- Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 87 Page 452 of 735 zi WARRANTIES In consideration of, and to induce the Award of THE CITY OF BOYNTON BEACH, FLORIDA, Construction Contract described in these Bid Documents, the Contractor represents and warrants to the City of Boynton Beach, Florida: 1. The Contractor is financially solvent and sufficiently experienced and competent to perform all of the work required of the Contractor in the Construction Contract; and 2. That the facts stated in the Contractor's Bid and information given the Contractor pursuant to the request or proposal for Bids, instructions to Contractors and Specifications are true and correct in all respects; and 3. That the Contractor has read and complied with all of the requirements set forth in the request for Bids, instructions to Contractors and Specifications; and 4. That the Contractor warrants all materials supplied by it under the terms of the Construction Contract are delivered to the City of Boynton Beach, Florida, free from any security interest, and other lien, and that the Contractor is a lawful owner having the right to sell the same and will defend the conveyance to the City of Boynton Beach, Florida, against all persons claiming the whole or any part thereof; and 5. That the materials supplied to the City of Boynton Beach, Florida, under the Construction Contract are free from the rightful claims of any persons whomsoever, by way of patent or trademark infringement or the like; and 6. That the materials supplied under the Construction Contract are merchantable within the meaning of the Uniform Commercial Code- Section 2-314; and 7. That the materials supplied under the Construction Contract are free from defects in materials and workmanship under normal use and service and that any such materials found to be defective shall be replaced by the Contractor as per the attached Warranty. 8. That the materials supplied pursuant to the Construction Contract are fit for the purposes for which they are intended to be used; that under normal use and maintenance the material will continue to be fit for such purposes for the warranty period after delivery, provided that the City shall give the Contractor notice that the materials failed to fulfill the warranty; such notice shall state in what respect the materials have failed to fulfill the warranty, where upon the Contractor shall be allowed a reasonable time after receipt of such notice to correct the defect and the City agrees to cooperate in this regard. If the materials cannot be made to fulfill the Contract within the warranty period the Contractor will either furnish duplicate materials, or at its option refund the amount paid, which shall constitute a settlement in full for all damages occasioned by reason at this warranty of fitness; and 9. That this Warranty is included in exposures for which the Contractor has products liability and completed operations insurance, in minimum amounts of One Hundred Thousand ($100,000.00) Dollars for property damage and Three Hundred Thousand ($300,000.00) Dollars for personal injury as shown on the Certificates of such Insurance attached hereto, and the Contractor agrees to keep such insurance coverage during the period of this Warranty; and 10. That it is an express condition of this Warranty that the item(s) hereby warranted shall be operated and maintained by the City in accordance with the manufacturer's recommendations as to those THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 87 Page 452 of 735 portions of the item(s) that are not fabricated by the Contractor, and in accordance with the Contractor's recommendations, a copy of which has either been supplied to the City of Boynton Beach should maintain complete and accurate records made at the time of performance of maintenance showing compliance with such instructions, and by acceptance of this Warranty, the City of Boynton Beach, Florida, agrees to present such records to the Contractor upon request in the event of a claim hereunder by the City; 11. The foregoing Warranties apply as a minimum and are supplemental to other Warranties offered. They are not substituted, but in addition to, any other Warranties offered; and 12. That it is agreed and understood by the Contractor that the City of Boynton Beach, Florida, is induced to enter the Construction Contract in reliance upon this Warranty. SIGNED, sealed and delivered on this day of 1 2019. (SEAL) ATTEST: Secretary COQ ITII A l�T/111. By THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 88 Page 453 of 735 Liberti, Mutual SURETY March 26, 2019 RE: Johnson -Davis Incorporated as Contractor Prequalification Bonding Letter To Whom It May Concern: It is our understanding that you are considering Johnson -Davis Incorporated as the contractor for your construction project. We are prepared to provide surety bond credit for them well in excess of your requirements as we entertain a single project bonding capacity of Thirty -Five Million Dollars ($35,000,000) and a total aggregate bonding capacity in excess of Eighty Million dollars ($80,000,000). Liberty Mutual Insurance Company has supported Johnson -Davis since 1999, and considers Johnson -Davis to be one of our most valued clients. Liberty Mutual has never declined a bond request for this fine account. Liberty Mutual Insurance Company is an "A" (Excellent) rated carrier with a financial size category of XV ($2 billion+) by A.M. Best Company, a US Treasury limit exceeding $1.3 billion and is licensed to do business in the State of Florida. A Performance and Payment Bond equal to one hundred percent of the contract amount is subject to our review and acceptance of the contract terms and conditions, bond forms, construction financing details and a satisfactory underwriting requirement review at the time of the request. We assume no liability to third parties or to you by the issuance of this letter if for an reason we do not execute such bonds. Johnson -Davis is properly financed, well equipped and very capably managed. Their construction team consistently brings their projects in within the budget and on time. Their payment record is excellent and they enjoy an enviable reputation. We highly recommend Johnson -Davis Incorporated and should you have any questions or require additional information, please contact Wes Williams at 404-264-3221. Sincerely Yours, LIBERTY MUTUAL INSURANCE COMPANY ElizabetlCk. Sterling, Attorn -in-Fact Page 454 of 735 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Libertv Liberty Mutual Insurance Company 1�I I��� The Ohio Casualty Insurance Company Certificate No: 8195687-016072 ------ ------ West American Insurance Company SURETY POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Maria Signorile; Benjamin A. Stahl; Elizabeth K. Sterling; Wesley P. Williams all of the city of Atlanta state of GA each individually if there be more than one named, its true and lawful attomey-in-fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 7th day of September , 2018 . Liberty Mutual Insurance Company P� 1NSU'D POSY INS& 1NSURq The Ohio Casualty Insurance Company °oaPORar 9y oP °oRPO�, y� West American Insurance Company > Fo r�1912y0 0y1919�a W Q 1991 0 in c N r�V1 -4— tI`�" da y� FNA MPy�`,da� �s �NDIANP ,da :��%r� N -ter C 477 i t� �y1 * }� �M r 1� By. u7 David M. Carey, Assistant Secretary - co State of PENNSYLVANIA > La = County of MONTGOMERY ss M ra CM aD On this 7th day of September , 2018 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance o o E Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes M > therein contained by signing on behalf of the corporations by himself as a duly authorized officer. W a � 3IIN WITNESS WHEREOF, N v 02 C CB CD N O) L rn -t� o._ E� 0 C U CU C > a) t.. O � Z v I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. COMMONWEALTH OF PENNSYLVANIA � — Notanat Seal 'rte Teresa Pastella. Notary Public I i UpperMenonTwp. Montgomery County i By: I IAy Commission Expires March 28.2021 i '4'embe,. Pennsyhnnia AssociaLnn of Notaries This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV- OFFICERS: Section 12. Power of Attorney. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attomey-in-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of allomey, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attomeys-in- fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization - By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 26th day of March , 2019 . 00 _M O � C N @ OM l0 y0 o� v_m m� >o Q) C" �N C? EN �to c °O Oo U — o CD P� iNSUR9 PV1`f INS&R 1Nsu� �J c°%.F0 r y� yJ c°aP°R4r 92 `P�°it 0 qY� rt+r Fo to 1912 0 1919 1991 dj� S4 CNU5� da O SNA MPSINP a3 �NDIAa * d Renee C. Llewellyn, Assistant Secretary LMS -12873 LMIC OCIC WAIC Multi Co 062018 Page 455 of 735 \ [in T Florida Department of Transportation RICK sc017 605 Suwannee Street MIKE DEN4' GOVERNOR Tallahassee, FL 32399-0450 SECRETARY October 23, 2019 3011iNSON-DAi/IS IN;'. 604 HILLPRATH DRIVE ==.L3T�Idy, F'LORICA 33462 RE: CERTIFICATE OF QUAL•IFICATI':713 Dear Sir/[Madam The Department of Transportation has qualified your company for the type of work indicated below. Unless your company is notified otherwise, this Certificate of. Qualification will. ey:pi.re '12/30/20119. However, the new application is due 10/31/2019, In accordance with S.337.14 (1) F.S. your next application must be filed within (4) months of the ending date of the applicant's audited annual financial statements. If your company's maximum capacity has been revised, you can access it by logging into the Contractor Prequalification Application System via the following link: HTTPS://fdotwpl.dot.state.fl.us/ContractorPreQualifi cation/ Once logged in, select "View" for the most recently approved application, and then click the "Manage" and "Application Summary" tabs. J FDOT APPROVED WORK CLASSES: DRAINAGE, GRINDING, MINOR BRIDGES, UNDERGROUND UTILITIES, SANITARY SEWER, WATER MAIN, FORCE !`AIN, DRIPIING STEEL SHEET PILE, RIP RAP, RUBBLE RIP RAP, UTILITY WORK (WATER d SEWER) You may apply for a Revised Certificate of Qualification at any time prior to the a--pi-ration date of this certificate according to Section 14-22.004'(3), Florida Administrative Code (F.A.C.), by accessing your most recently approved application as shown above and choosing "Update" instead of "View." If certification in additional __asses of work is desired, documentation is needed to show that your company has done such wor.): with your own forces and equipment or that experience was gained with anothercontractor and that you have the necessary equipment for each _:dditienal, class of work reaue.sted. All prequalified contractors are required by Section 14-22,005(3), F.A.C., ts. certify -heir wcrF- underway monthly in order to ad ust ma::in:urn bilddinc capacity to available bidding capacity. You can find the lin); to this report at the website shown above. AA: c Sincerely, Alan Autry, Manager Contracts /4-Jiministraticn Office www.fdot.gov Page 456 of 735 -ianage Passe 1 of 2 Contractor Pre -Qualification (CPLDi'in� Lo- cU@JOHNSONDAVIS.COMOM ISM -7J J—I Loaf Uodate Work Undenvay Help Annual Application 10/24/2018 10:11:29 AM EST Vendors�Stake holdersy.Affiliates�'[Work Classes'LFinancialycontractsYManage� [Attach Financial StatementsyAdditional Documentations ��•LApplication Summary.) Vendor Number: F591753888001 Name: JOHNSON-DAVIS INC. Application Status: COMPLETED Fiscal Year End Date: 6/30/2018 Application Due Date: 10/31/2018 NOTE: The Capacity shown below will be reduced by your Work Underway to determine your Available Bidding Capacity. Adjusted Current 2 Ratio: Ability Score: 75 Ability Factor: 4 Adjusted Net 8 10,608,192.00 Worth: Document Audited or Reviewed Financial Statements Affidavit Equipment Surety Letter Letters of Recommendation Surety Multiplier: Calculated Maximum Bid Capacity: Mailed Received Attached 10/17/2018 10/17/2018 NIA $ 84,850,000.00 1------------------- 10/17/2018 AFFIDAVIT.PDF I Request Document EQUIPMENT 2018 -.PDF 10/17/2018 Cequest Document SURETY PREQUALIFICATION LETTER - 10/17/2018 2018. PDF Request Document htication/cpclO... 10/24/20 18 Page 457 of 735 r CONFIRMATION OF MINORITY OWNED BUSINESS This requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes If Yes, please indicate by an "X" in the appropriate box: AMERICAN INDIAN ASIAN BLACK HISPANIC WOMEN OTHER (specify) ( ) NOT APPLICABLE No Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO X If YES, Name the Organization from which this certification was obtained and date: Ii IN Issuing Organization for Certification Ni Datd of Certification THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 89 Page 458 of 735 33462 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 -I U I,�-/�II,`�. 1���r ellJir,;►onbehalf of jljr'?017 rj)oI/i-5 rcertify Print Name and Title Company Name that 11021'DJUi5�nc does not: Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 90 Page 459 of 735 I V e As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that City �i t..a any r ,ontract with the City for goods or services may be terminated at the option of the Cl If the Forlp ny is found to have submitted a false certification or has been placed on the Scrutinized 0 ' with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran JetrIlefitnergy Sector List. Ao( COMPANY NAME 5A 1. � �-n fir) SIGAATURE TITLE THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 01 9-2821-19/1T Utilities — Repairs and Emergency Services 91 Page 460 of 735 ;I t (` �t t trr'.Vl�r, I\v60/1 BID No. 019-2821-19/1T SCHEDULE OF SUB -CONTRACTORS The Undersigned Bidder proposes the following major subcontractors for the major areas of work for the Project. The Bidder is further notified that all sub -contractors shall be properly licensed, bondable and shall be required to furnish the City with a Certificate of Insurance in accordance with the contract general conditions. This page may be reproduced for listing additional sub -contractors, if required. Name and Address of Sub- Contract Percentage Contractor Scope of Work License No.: Amount M of Contract i4lend '. 1 woo I 01 (LSC wt ( W CJ?41 it V VVI Signature LDate: -1 (j Title/Comps D L15. �Vl ., Owner reserves the right to reject a ysub-contractor who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsi le(financial capability, lack of resources, etc.) to perform under this award. Owner reserves the right to inspect all facilities of any sub -contractor in order to make a etermination as to the foregoing. THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services Page 461 of 735 , -;1.. 'l i N rt ;-tic'. J;�,i PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT BID NO.: 019-2821-19/IT REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this Contract and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME ' Title: Yrr'.5-Anq Date: 1[ 1 J- I L 0 9 THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/7 Utilities -- Repairs and Emergency Services 93 Page 462 of 735 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION I, 5,Ar 'S, , the Preb )06-o � of (Name of officer of company) (Title of officer of company) lob1')5oI'I - QO[V o 5'1,y)(, , located at ffi IIbrdA 'Dri ✓�. , La17 'gvlcl / L 3 b (Name of Corporation/Company) (Business Address) certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: QDt>L5 ,1(_ 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? V 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with removal from the certified local business list. I also agree that the the City in writing should it cease to qualify as a local business. Print Name: �)( I. ��hr��i-Pr'hr1Pr9 Signature: Business License Verified by: ***FOR PURCHASING USE ONLY' Year Established: Date: Active: may be cause for required to notify THIS PAGE TO BE SUBMITTED ALONG WITH PROPOSAL IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Bid No. 019-2821-19/IT Utilities — Repairs and Emergency Services 94 Page 463 of 735 aritana, F-1- 3,?1462 b -Q0 I TO b -- If you are not bidding on this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to respond to your Bid No. 019-2821-19/17 for REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: IF YOU ARE NOT SUBMITTING A BID, PLEASE COMPLETE FORM AND RETURN TO PROCUREMENT SERVICES Bid No. 01 9-2821-19/IT Utilities — Repairs and Emergency Services 95 Page 464 of 735 RE CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS OVER $100,000 April 5, 2022 REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: Tremaine Johnson TERM: May 8, 2022, to May 7, 2023 SOURCE FOR PURCHASE: City of Boynton Beach Bid 019-2821-1911T ACCOUNT NUMBER: 401-2810-536.46-47; 401-2815-536.46-42, 401-2816-536.46-51; 401-2824-536.46-44 VENDOR(S): Madsen Barr Corporation; Johnson -Davis, Inc. ANNUAL ESTIMATE: $500,000 DESCRIPTION: On May 7, 2019, Commission approved Bid No. 019-2821-19/IT Repairs and Emergency Services for Water Distribution, Wastewater Collection, and Stormwater Utility Systems to Madsen Barr Corporation as the primary vendor and Johnson -Davis, Inc as secondary. The two qualified contractors to furnish, install and provide labor and materials to complete repairs to the City's Utility Systems on an "as -needed" basis. The Bid was for an initial three (3) year period with the option to renew for one (1) one-year term. The vendors agreed to renew for a one- yearterm. 1 he City of Bounton Beach FinoncelProcurementfervices 10DEOcean Avenue Boynton Beach, Fl33435 P.O.Box 32Q Boynton Beach, Florida J3425-CBID Telephone No: (561)742-632D March 4, 2022 John Barr Madsen -Barr Corporation 12113Indian Mound Road VVeUington, FL 33449 VIA EMAIL TRANSMITTAL ^����6 gx.��� BID: Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems The current term with Madsen -Barr Corporation for Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems expires May 7,2O22. The contract allows for three (3) additional one-year renewals. The City of Boynton Beach vvnu|d like to exercise the option to renew for its 2nd renewal term with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to at your earliest convenience. If you should have any questions, please do not hesitate to contact Tana]ynPratt, Contract Administrator at(5G1)742-@3O8. laws. "-- —apm—o" Mara Frederiksen Director ofFinancial Services Cc: TremaineJohnson, Manager, Field Operations, Boynton Beach Utilities Melissa Roberts, Contract Coordinator, Boynton Beach Utilities tp America's Gateway tothe Gulf Stream Page 466Of735 rz vT I - he City of Bounton Reg Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 March 4, 2022 BID: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS Agreement between the CITY OF BOYNTON BEACH and Madsen -Barr Corporation. AGREEMENT RENEWAL TERM: May 8,2022—May 7,2023 v/ Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) MADSEN-BARR CORPORATION NAME OF COMPANY NAME OF REPRESENTATIVE (please print) E-MAIL TITLE (AREA CODE) TELEPHONE NUMBER SOUTH OFFICE NORTH OFFICE (ACCOUNTING) 3600 State Road 7 (441) Ste. 311 12113 Indian Mound Road Miramar, FL 33023 Wellington, FL 33449 America's Gateway to the Gulf Stream Page 467 of 735 The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 March 4, 2022 Scott J. Johnson Johnson -Davis, Inc. 604 Hillbrath Drive Lantana, FL 33462 VIA EMAIL TRANSMITTAL TO: sjohnson �johnsondavis.com BID: Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems BID No.: 019-2821-19/IT CURRENT AGREEMENT TERM: MAY 8, 2021 — MAY 7, 2022 Dear Mr. Johnson: The current term with Johnson -Davis, Inc. for Repairs and Emergency Services for Water Distribution, Wastewater Collection and Storm Water Utility Systems expires May 7, 2022. The contract allows for three (3) additional one-year renewals. The City of Boynton Beach would like to exercise the option to renew for its 2nd renewal term with the same terms and conditions. Please indicate your response on the following page and return it to Procurement Services via email to prattt .bbfl.us at your earliest convenience. If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, I*k.L Mara Frederiksen Director of Financial Services Cc: Tremaine Johnson, Manager, Field Operations, Boynton Beach Utilities Melissa Roberts, Contract Coordinator, Boynton Beach Utilities tp America's Gateway to the Gulf Stream Page 468 of 735 The City of Bounton Beach Finance/Procurement Services 100 E. Ocean Avenue Boynton Beach, FL 33435 P.O. Box 310 Boynton Beach, Florida 33425-0310 Telephone No: (561) 742-6310 March 4, 2022 BID: REPAIRS AND EMERGENCY SERVICES FOR WATER DISTRIBUTION, WASTEWATER COLLECTION AND STORM WATER UTILITY SYSTEMS BID No.: 019-2821-19/IT Agreement between the CITY OF BOYNTON BEACH and Johnson -Davis, Inc. AGREEMENT RENEWAL TERM: May 8, 2022 — May 7, 2023 X Yes, I agree to renew the existing agreement under the same terms and conditions for an additional one-year term. No, I do not wish to renew the bid for the following reason(s) JOHNSON-DAVIS, INC. NAME OF COMPANY Wm. Clark C. Cryer NAME OF REPRESENTATIVE (please print) 3/07/2022 DATE ccryer aiohnsondavis.com E -MAI L SI Estimating Manager TITLE (561) 718-4531 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 469 of 735 r%N R# 9 N � N O 1-4 � v W v � H W U C N LU 0 —0 m LO 0 o � � CD ' O C1 O bbA p� p v �14-4 O v $..q � N p 00 .� U ° US U U) ;--4 4 4 Ln S r 4-1 CAU ,� ° o o�14-4 o UW) CD U, Uo UN �v O 4-j m u N +, ON °�O COQ' O b NA N Ln bA 1-14 c� �N bA O O O N 000- cn (L) LO 0 T*4 0 0m O N m a_ F� , loill, O N m a_ 3 4--M � / N N O N O O O O � � O � O O N L � C t<06 �10 x ON O O N Lr) N r-� Lf') N -N N N b - b-0 � • r-+ r --i r4bJD m 4-j ° O Cn GQ Cn H LO 0 0 } U O 4-j (75 � � N � V � O 0000 � � o � p V O 'o O .> � O � � O O rc� .� j . 7� u a �. CA - O ' . 7 O O K+-4 C) O O v 1+-4 1-+-a C� m bbA LO 0 a LO 0 0 ca a 7.C. Requested Action by Commission: Proposed Resolution No. R22-110- Approve and authorize the Mayor to sign the extension of the Florida I nland Navigation District project agreement for the replacement of boat ramp and docks at Harvey E. Oyer, Jr. Park through September 30, 2023. Explanation of Request: On March 18, 2020, the City Commission approved Resolution No. R20-23 authorizing staff to apply for a grant from the Florida Inland Navigation District (F.I.N.D.) for the financial assistance to renovate and improve the boat ramps and dock at Harvey E. Oyer, Jr. Park. On October 20, 2020, the City Commission approved Resolution No. R20-115 authorizing the execution of the agreement for the replacement of boat ramp and docks at Harvey E. Oyer, Jr. Park. Florida Inland Navigation District has preliminarily approved the City's request for an extension, pending the City Commission's authorization for the extension. How will this affect city programs or services? The repairs will greatly improve safety and use of the boating amenities for the public. Fiscal Impact: Budgeted, Total Project Cost is $1,200,000. Florida Inland Navigation District grant request is $600,000, with 50% match ($600,000), budgeted by the City of Boynton Beach in the Capital Improvement Program. Alternatives: None Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Contracts Page 477 of 735 Vendor Name: Florida Inland Navigation District (FIND) Start Date: End Date: Contract Value: Minority Owned Contractor?: Extension Available?: Extension Explanation: Attachments: Ty pe D lReSolutioll'i D Exhibit D Agireeirrient D IRn.,-.sdkjtioin D Resolution Description Resolk.ition Ilio, IR22 110 appirmAing the exteinsion to the HkIND Ag11-ee11T10:N1'1[ for the Oyeir IBoat Club i.:: air rairnp [:::1iroJect Agreement ArneindiiTient Oyeir Boat Club[:::1,airk ll::Iirojec(Agireeiir-�eint,.lp(.If Resolution lR20 115 for Oyer. Boat Club IParlk [::1r(..)je(.-,,1 Ipdf 1::Resok.aO.Join 1:R20 023 foir 0yeir IBoat 1::'ark Piroject.pdf Page 478 of 735 1 RESOLUTION NO. R22 -110 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE MAYOR TO SIGN THE EXTENSION 5 TO THE FLORIDA INLAND NAVIGATION DISTRICT PROJECT 6 AGREEMENT FOR THE REPLACEMENT OF BOAT RAMP AND DOCKS AT 7 HARVEY E. OYER, JR. PARK THROUGH SEPTEMBER 30, 2023; AND 8 PROVIDING AN EFFECTIVE DATE. 9 10 11 WHEREAS, on March 18, 2020, the City Commission approved Resolution No. R20- 12 23 authorizing staff to apply for a grant from the Florida Inland Navigation District (F.I.N.D.) 13 for the financial assistance to renovate and improve the boat ramps and dock at Harvey E. 14 Oyer Park; and 15 WHEREAS, On October 20, 2020, the City Commission approved Resolution No. 16 R20-115 authorizing the execution of the agreement for the replacement of boat ramp 17 and docks at Harvey E. Oyer Park; and 18 WHEREAS, the City has requested an agreement extension with FIND for the Oyer 19 Boat Club Park improvement project grant to allow the City to fully complete the proposed 20 construction, submit all closeout paperwork for reimbursement in a timely fashion, and 21 due to material and manufacturing delays. 22 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 23 recommendation of staff, deems it to be in the best interests of the City residents to 24 approve and authorize the Mayor to sign the extension to the Florida Inland Navigation 25 District project agreement for the replacement of boat ramp and docks at Harvey E. Oyer, 26 Jr. Park through September 30, 2023. 27 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY 28 OF BOYNTON BEACH, FLORIDA, THAT: 29 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed 30 as being true and correct and are hereby made a specific part of this Resolution upon 31 adoption hereof. 32 Section 2. The City Commission approves and authorizes the Mayor to sign 33 the extension to the Florida Inland Navigation District project agreement for the S:ACA\RESO\Agreements\Grants\First Amendment To FIND Agreement For Oyer Park Boat Ramps - Reso.Docx Page 479 of 735 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 replacement of boat ramp and docks at Harvey E. Oyer, Jr. Park through September 30, 2023, a copy of the Amendment is attached hereto and incorporated herein as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of August, 2022. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Grants\First Amendment To FIND Agreement For Oyer Park Boat Ramps - Reso.Docx Page 480 of 735 Exhibit "A" PROJECT AGREEMENT AMENDMENT In consideration of the continuing mutual promises and covenants contained in PROJECT AGREEMENT #PB -BB -20-212, Oyer Boat Club Park Improvements. between the FLORIDA INLAND NAVIGATION DISTRICT (F.I.N.D.) and City of Boynton Beach hereafter known as the PROJECT SPONSOR. The parties hereby agree that Paragraph 2 of said certain PROJECT AGREEMENT be deleted and the following be substituted therefore: 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this Agreement unless specifically authorized by the DISTRICT Board and shall complete the PROJECT on or before September 30, 2023 and submit all required payment reimbursement information by November 15, 2023. Pursuant to Chapter 374.976(2) F. S., the PROJECT period cannot extend beyond three (3) years from October 1, 2020 and therefore this PROJECT must be completed by September 30, 2023, unless the completion of the PROJECT has been delayed by a declared State of Emergency and the F.I.N.D. Board authorizes an extension of the completion date based upon this delay. Except as modified hereby, all of the terms and provisions of the original Project Agreement shall remain in full force and of f ect. In WITNESS WHEREOF, the parties have hereunto set their hands and seals this of Attest: F.I.N.D. DIRECTOR Attest: City of Boynton Beach MAYOR ,20_ Page 481 of 735 PROJECT AGREEMENT This PROJECT AGREEMENT ("AGREEMENT") made and entered into this 7 1 ... ......... day of 20,0 by and between the Florida Inland Navigation District (hereinafter the "DISTRICT'), and the Clif1 of.-B91,,,WRBpAcb, (hereinafter the "PROJECT SPONSOR"). In consideration of the mutual promises and covenants contained herein, the parties agree as follows: Florida Administrative Code (a current copy of which is attached as Exhibit "B"), the DISTRICT has approved assistance funding to the PROJECT SPONSOR in furtherance of an approved project ("PROJECT") consisting of the eff, Said PROJECT is more specifically described in the PROJECT SPONSOR'S Waterways Assistance Application, which is on file at the DISTRICT's headquarters. Any MAtfications. to the PROJECT'S gqpp pfwq* shall require written advance notice and . ..— . . . . . . . ..... ..... Justification from,the PROJECT SPONSOR th . . . ........ q written al n. yal-ptthe DISTRICT,. 2. TERM - The PROJECT SPONSOR shall not commence work on the PROJECT prior to the execution of this AGREEMENT unless specifically authorized by the DISTRICT Board and shall complete the PROJECT and submit all required payment reimbursement information on or before September 30, 2022 ("PROJECT PERIOD"), unless the PROJECT PERIOD has been extended with the prior written approval of the DISTRICT. Any request for an extension of the PROJECT PERIOD shall require submittal by the PROJECT SPONSOR of a request for extension to the DISTRICT no later than 60 days prior to the original expiration date of the PROJECT PERIOD. This request will then be considered by the DISTRICT Board, whose decision shall be final. In no event other than a declared state of emergency that affects the project completion shall the PROJECT be extended beyond September 30, 2023, The PROJECT SPONSOR acknowledges this is the only provision to carry over the DISTRICT assistance funding under this AGREEMENT beyond September 30, 2022, and that any extension of funding beyond this date shall be at the sole discretion of the DISTRICT. I Page 482 of 735 3.ASSISTANCE AMOUNT - The DISTRICT shall contribute ("ASSISTANCE AMOUNT") no more than Fifty percent(59n/o ("MATCHING PERCENTAGE") of the PROJECT SPONSOR'S eligible out-of-pocket costs for completion of this PROJECT ("PROJECT AM0"U`NT11). Payment of funds by the DISTRICT to the PROJECT SPONSOR (the "ASSISTANCE AMOUNT") will. be on a reimbursement basis only, and only for those authorized out of pocket costs as shown in Exhibit A, Project Cost Estimate ("PROJECT COSTS") and meeting the requirements of Section 5 below and shall not, in any event, exceed $kQQQ :Q(). AAiL modifications to the PROJ...E.....C ."I_04t1E...._ mL(Rxhibit AIshall _req written notice andJnstification from the PROJECT SPONSOR and the_p. .....wriMp -gin, rovaI. o# -the DISTRICT. 4. MATCHING FUNDS -The PROJECT SPONSOR warrants and represents that it has the PROJECT SPONSOR Match Amount (the PROJECT AMOUNT less the ASSISTANCE AMOUNT) available for the completion. of the PROJECT and shall, prior to the execution of this AGREEMENT, have provided the DISTRICT with suitable evidence of the availability of such funds using the DISTRICT"s Form #95-01 (Exhibit C, Matching Funds Certification) and, upon request, providing the DISTRICT with access to applicable books and records, financial statements, and bank statements. 5. PRO JE CT COSTS - To be eligible for reimbursement under this AGREEMENT, PROJECT COSTS must be necessary and reasonable for the effective and efficient accomplishment of the PROJECT and must be directly allocable thereto. PROJECT COSTS are generally described in Exhibit B, Chapter 6613-2, F.A.C.. PROJECT COSTS must be incurred, and work performed within the PROJECT PERIOD, with the exception of pre -AGREEMENT costs, if any, consistent with Section 6 below, which are also eligible for reimbursement by the DISTRICT. If the PROJECT SPONSOR receives additional funding for the PROJECT COSTS from another source that was not identified in the original application and that changes the AGREEMENT MATCHING PERCENTAGE, the PROJECT SPONSOR shall proportionately reimburse the DISTRICT's program funds equal. to the MATCHING PERCENTAGE in this AGREEMENT. The PROJECT SPONSOR shall promptly notify the DISTRICT" of any project payments it receives from a source other than the DISTRICT. 6. PRE -AGREEMENT COSTS - The DISTRICT and the PROJECT SPONSOR. fullN ............................................. ��'_ understand and agree that there shall be no reimbursement of funds by the DISTRICT for any W Page 483 of 735 obligation or expenditure made prior to the execution of this AGREEMENT unless previously delineated in Exhibit A, consistent with Exhibit B, and previously approved by the DISTRICT Board during the grant review process. IMBURSEMENT PROCEDURES - PROJECT COSTS shall be reported to the DISTRICT and summarized on the Payment Reimbursement Request Form (Form #90-14) attached as Exhibit D. Supporting documentation including bills and canceled payment vouchers for expenditures shall. be provided to the DISTRICT by the PROJECT SPONSOR or LIAISON AGENT with any payment request. All records in support of the PROJECT COSTS included in payment requests shall be subject to review and approval by the DISTRICT or by an auditor selected by the DISTRICT. Audit expenses shall be borne by the PROJECT' SPONSOR. Project funds may be released in installments, at the discretion of the DISTRICT, upon submittal of a payment request by the PROJECT SPONSOR or LIAISON AGENT. Tice DISTRICT shall retain ten percent (10%) of each installment payment until the completion of the PROJECT. The following costs, if authorized in the attached Exhibit B, shall be reimbursed only upon completion of the PROJECT to the reasonable satisfaction of the DISTRICT and in accordance with Exhibit B: personnel, equipment, project management, administration, inspection, and design, permitting, planning, engineering, and/or surveying costs. Assuming the PROJECT SPONSOR has otherwise fully complied with the requirements of this AGREEMENT, reimbursement for a PROJECT approved as Phase I project will be made only upon commencement of construction of the PROJECT" for which the Phase I planning, designing, engineering and/or permitting were directed, which may or may not involve further DISTRICT funding. Procedures set forth below with respect to reimbursement by the DISTRICT are subject to this requirement of commencement of The DISTRICT shall have the right to withhold any payment hereunder, either in whole or part, for non-compliance with the terms of this AGREEMENT. 8. FINAL. REIMBURSEMENT - The PROJECT SPONSOR, upon completion of the PROJECT, shall submit to the DISTRICT a request for final reimbursement of the ASSISTANCE AMOUNT less any prior installment payments. The payment amounts previously retained by the DISTRICT shall be paid upon (1) receipt of the Final Audit report of expenses incurred on the PROJECT by the DISTRICT, (2) fall completion of the PROJECT to the reasonable satisfaction of the DISTRICT, (3) submission of Project Completion Certification Form No. 90-13 (Exhibit E), (4) submission of a photograph of the PROJECT showing the sign required by Section 18, and (5) a Final C Page 484 of 735 Project Report as described in Exhibit G, Assistance Project Schedule. As part, of the documentation accompanying the request for final reimbursement, PROJECT SPONSOR shall provide proof of payment of all contractors, material suppliers, engineers, architects and surveyors with whom PROJECT SPONSOR has directly contracted (each a "DIRECT PROVIDER") to provide services or materials for the PROJECT. The final reimbursement amount shall be adjusted as necessary such that neither the total ASSISTANCE AMOUNT nor the MATCHING PERCENTAGE is exceeded. Unless otherwise determined by the DISTRICT, the final reimbursement check shall be presented by a DISTRICT representative to the PROJECT SPONSOR during a public commission meeting or public dedication ceremony for the PROJECT. 9. RECORDS RETENTION - The PROJECT SPONSOR shall retain all records supporting the PROJECT COSTS for three (3) years'after the end of the fiscal year in which the Final Payment is released by the DISTRICT, except that such records shall be retained by the PROJECT SPONSOR until final resolution of matters resulting from any litigation, claim, or special audit that starts prior to the expiration of the three-year retention period. 10. DEFAULT AND REMEDIES In the event of a breach of any of the terms of this AGREEMENT by the PROJECT SPONSOR, the DISTRICT shall provide written notice to the PROJECT SPONSOR, which shall have sixty (60) days in which. to cure the breach. If the PROJECT SPONSOR fails to cure the breach within the cure period, the DISTRICT shall have the right, but not the obligation, to demand that the PROJECT SPONSOR immediately refund the ASSISTANCE AMOUNT to the extent paid. PROJECT SPONSOR shall refund to the DISTRICT the full amount of the ASSISTANCE AMOUNT paid to PROJECT SPONSOR, whereupon this AGREEMENT, and all further rights thereunder, shall be terminated. If the DISTRICT does not demand reimbursement as aforesaid, the DISTRICT may exercise any and all other remedies available at law or in equity. With respect to the PROJECT SPONSOR's obligations under Sections 15, 17, and 20, PROJECT SPONSOR acknowledges that breach by the PROJECT SPONSOR of one or more of its obligations under said sections might cause the DISTRICT to suffer irreparable harm, namely harm for which damages would be an inadequate remedy. PROJECT SPONSOR further acknowledges that the DISTRICT might suf&r irreparable harm due to delay if, as a condition to obtaining an injunction, restraining order, or other equitable remedy with respect to such a breach, the DISTRICT were required to demonstrate that it would suffer irreparable harm. The parties therefore intend that if the PROJECT SPONSOR breaches one or more of its obligations under Sections 15, 17, or 20, the DISTRICT', in addition to such other remedies which may be available, shall have the right to seek 11 Page 485 of 735 specific performance and injunctive relief, and for purposes of determining whether to grant an equitable remedy any court will assume that the breach would cause the DISTRICT irreparable harm. The provisions of this section shall survive completion of the PROJECT. 11. DISTRICT PROJECT MANAGER - The Executive Director, or his designee, is hereby designated as the DISTRICT's Project Manager for the purpose of this AGREEMENT and shall be responsible for monitoring performance of its terms and conditions and for approving all reimbursement requests prior to payment. 12. PROJECT �PQNS!DR'S LIAISON AGENT - The PROJECT SPONSOR shall appoint a LIAISON AGENT, whose name and title shall be submitted to the DISTRICT upon execution of this AGREEMENT, to act on behalf of the PROJECT SPONSOR relative to the provisions of this AGREEMENT. 13. STATUS REPORTS - The PROJECT SPONSOR or LIAISON AGENT shall submit to the DISTRICT project status reports during the PROJECT term. These Quarterly Reports are to be on Form #95-02 (Exhibit F, Assistance Program Project Quarterly Status Report), Project design drawings, engineering drawings, and a copy of the Project bid award construction item cost list will be submitted as available. Photographs shall be submitted when appropriate to reflect the work accomplished. NON-COMPLIANCE by the PROJECT SPONSOR with the reporting schedule in Exhibit G, Assistance Project Schedule, may result in revocation of this AGREEMENT. 14. LAWS - The PROJECT SPONSOR agrees to obtain and to abide by all federal, state, and local permits and proprietary authorizations, and all applicable laws and regulations in the development of the PROJECT. The PROJECT SPONSOR agrees that all PROJECT facilities shall be designed and constructed in compliance with applicable state and federal statutory requirements for accessibility by handicapped persons, as well as all other federal, state and local laws, rules, and requirements. 15. NON-DISCRIMINATION - The PROJECT SPONSOR agrees that when completed, the PROJECT shall be readily accessible, on a non-exclusive basis, to the general public without regard to age, sex, race, physical handicap, or other condition, and without regard to residency of the user in another political subdivision. 16. PARKING FACILITIES -Adequate parking shall be made available by the . . .. . ............ -- PROJECT SPONSOR to accommodate vehicles for the number of persons for which the PROJECT is being developed. M Page 486 of 735 17. SITE _DE41_CA!!QN - The PROJECT SPONSOR also agrees that the PROJECT site shall be dedicated for the public use for a minimum period of twenty-five (25) years from the completion of the PROJECT, such dedication to be in the form of a deed, lease, management AGREEMENT or other legally binding document. Any change in such dedication shall require the prior approval of the DISTRICT. The PROJECT SPONSOR shall record evidence of such dedication within the Public Records of the County in which the PROJECT is located. erect a permanent sign, approved by the DISTRICT, in a prominent location such as the PROJECT entrance of the completed PROJECT, which shall indicate that the DISTRICT contributed funds for the PROJECT. The wording of the sign required by this section shall be approved by the DISTRICT's staff before construction and installation of said sign- This sign shall contain the DISTRICT logo (Exhibit H) unless otherwise stipulated by the DISTRICT. In the event that the PROJECT SPONSOR erects a temporary construction sign, it shall also indicate the DISTRICT's participation. For all other types of projects, the PROJECT SPONSOR shall acknowledge the DISTRICT where feasible, in concurrence with the DISTRICT staff s recommendations. 19. PR.mmOJECT MAINTENANCE - When and as applicable, the PROJECT SPONSOR agrees to operate, maintain, and manage the PROJECT for the life of the PROJECT improvements and will pay all expenses required for such purposes. The PROJECT improvements shall be maintained in accordance with the standards of maintenance for other local facilities owned and operated by the PROJECT SPONSOR, and in accordance with applicable health standards. PROJECT facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The PROJECT SPONSOR wan -ants and represents that it has full legal authority and financial ability to operate and maintain said PROJECT facilities and improvements. 20. FEES — Any fees charged for this PROJECT shall be reasonable and the same for the general public of all member counties. The PROJECT SPONSOR must demonstrate that a minimum of fifty percent (50%) of the PROJECT fees will be utilized for project maintenance and improvements throughout the anticipated 25 -year life of a development project or the design life of other project types, as applicable. 21. ,SOVEREIGN IMMUNITY - Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees, contractors, and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity under Section Z Page 487 of 735 768.28, Florida Statutes. The PROJECT SPONSOR acknowledges that the DISTRICT, its employees, commissioners, and agents are solely providing funding assistance for the PROJECT and arc not' involved in the design, construction, operation or maintenance of the PROJECT. 22. INSPECTIONS - The DISTRICT reserves the right, upon reasonable request, to inspect said PROJECT and any and all records related thereto at any time. 23. RmIGHTS AND DUTIES - The rights and duties arising under this AGREEMENT shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns, and shall, unless the context clearly requires otherwise, survive completion of the PROJECT. The PROJECT SPONSOR may not assign this AGREEMENT nor any interest hereunder without the express prior written consent of the DISTRICT. 24. WAIVERS, - Waiver of a breach of any provisions of this AGREEMENT shall not bi, 25. NOTICE - Any notice required to be given pursuant to the terms and provisions of this AGREEMENT shall be in writing, postage paid, and shall be sent by certified mail, return receipt requested, to the DISTRICT or PROJECT SPONSOR at the addresses below. The notice shall be effective on the date indicated on the return receipt. To the DISTRICT at: 1314 Marcinski Road Jupiter, Florida 33477-9498 City of Boynton Beach -U9M4'T-: 100 E. Boynton Beach Boulevard Boynton Beach, FL 33435 26. NO JOINT VENTURE - The DISTRICT's role with respect to the PROJECT is that of a funding assistance authority only and the DISTRICT is not, and shall not be considered to be, an agent, partner, or joint venturer with the PROJECT SPONSOR, 27. GOVE RNING LAW - The validity, interpretation, and performance of this AGREEMENT shall be controlled and construed according to the laws of the State of Florida. 7 Page 488 of 735 28. TRANSFERENCE - It is the intent of the DISTRICT to issue this funding assistance to the PROJECT SPONSOR who has made application for this assistance. In the event the PROJECT SPONSOR transfers ownership or management of the PROJECT to a party or parties not now a part of this AGREEMENT, other than another governmental entity that agrees to assume, in writing, PROJECTSPONSOR'S obligation hereunder, the DISTRICT retains the right to full reimbursement from the PROJECT SPONSOR to the full extent of the funding assistance provided by the DISTRICT including, but not limited to, any costs and reasonable attorney's fees (regardless of whether litigation ensues) incurred by the DISTRICT' in collecting said reimbursement. 29. ENTIRE UNDERSTANDING - This AGREEMENT, including any exhibits made a part hereof, embodies the entire AGREEMENT and understanding of the parties and supersedes all prior oral and written communications between them. The terms hereof may be modified only by a written amendment signed by both parties hereto, IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed the day, month and year aforesaid. WITNESSES: Y214 'Ie4 FLORIDA INLAND NAVIGATION DISTRICT B � a, xecutive Director Date: CiiyofBo,j,,,nton By:", G, Title: _"AyOR_ Date: max N. Page 489 of 735 C&rK FLORIDA INLAND NAVIGATION DISTRICT B � a, xecutive Director Date: CiiyofBo,j,,,nton By:", G, Title: _"AyOR_ Date: max N. Page 489 of 735 FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2020 PROJECT COST ESTIMATE JSee Rule Seettion 66B-2.005 & 2.008 for eliibililandMMfundtn ratios A . ......... -- ........... Project Title: Oyer Boat Club Park Improvements Applicant: I City of Boynton Beach Project Elements Quantity or Total Applicant's Cost FIND Cost (Please list the MAJOR project elements and Estimated Cost (To the nearest $50) (To the nearest $50) provide general casts for each one. For (Number and/or Footage Phase I Projects, please list the major etc,) elements and products expected) Construction .� 1,200,000 600,000 .600,000 "TOTALS f,200,000 00 of all Form No. 90-25 (New 10/14/92, Revised 04-24-06) Page 490 of 735 2020 CHAPTER 6611-2 WATERWAYS ASSISTANCE PROGRAM 66B-2.001 Purpose 66B-2.002 Forms 66B-2.003 Definitions 663-2.004 Policy 66B-2,005 Funds Allocation 66B-2.006 Application Process 66B-2.0061 Emergency Applications 6613-2.008 Project Eligibility 66B-2.009 Project Administration 66B-2.011 Reimbursement 6613-2.012 Accountability 66B-2.013 Acknowledgement 6613-2.014 Small -Scale Spoil Island Restoration and Enhancement Prqiccts 668-2.015 Small -Scale Derelict Vessel Removal Projects 66B-2.016 Waterways Cleanup Events 668-2.001 Purpose. Recognizing the importance and benefits of inland navigation channels and waterways, as well as noting problems associated with the construction, continued maintenance and use of these waterways, the Florida Legislature created Section 374,976, 1'.S. This law authorizes and empowers each inland navigation district to undertake programs intended to alleviate the problems associated with its waterways. The purpose of this rule is to set forth the District's policy and procedures for the implementation of an assistance program under Section 374.976, F.S., for local governments, member counties and navigation related districts within the District. This program will be known hereafter as the Florida Inland Navigation District's Waterways Assistance Program, Rulemaking Authority .374.976(2) FY Law Implemented 374.976(1) F.S. history --New 12-17-90, Formerly 167-2.001, 668-2.002 Forms. All forms for the administration of this program are available from the District office located at 1.314 Marcinski Road, Jupiter, Florida 33477. Rulemaking Authority 374.976(2) FS, Law Implemented 374.976(l) F& History -New 12-17-90, Formerly 16T-2.002, 6611-2-003 Definitions. The basic terms utilized in this rule are defined as follows: (1) "APPLICANT" means an eligible governmental agency submitting an application through this program. (2) "APPLICATION" means a project proposal with the required documentation. (3) "AUTHORIZED SUBMISSION PERIOD" means the established period for submitting applications to the District, (4) "BEACH RENOURISHMENT" means the placement of sand on a beach for the nourishment, renourishment or restoration of a beach, (5) "BOARD" means the Board of Commissioners of the Florida Inland Navigation District. (6) "DISTRICT" means the Florida Inland Navigation District (FIND). (7) "ELIGIBLE GOVERNMENTAL AGENCY" means member counties, local governments and navigation related districts within the taxing boundaries of the District. (8) "ENVIRONMENTAL PERMITS" means those permits, proprietary authorizations, exemptions, or general permits for construction below mean high water line of a navigable waterway required and issued by or on behalf of the U,S. Army Corps of Page 491 of 735 Engineers, the Florida Department of Environmental Protection, and the South Florida or the St. Johns River Water Management Districts or their successors. (9) "EXECUTIVE DIRECTOR" means the Executive Director of the Florida Inland Navigation District. (10) "LIAISON AGENT" means the contact person officially designated to act on behalf of the applicant or the project sponsor, (11) "LOCAL GOVERNMENTS" means municipalities, cities, or consolidated county governments, which are located within the member counties. (12) "MARITIME MANAGEMENT PLAN" means a written plan containing a systematic arrangement of elements specifically formulated to identify, evaluate and promote the benefits of eligible waterway accessibility and enjoyment, with consideration and respect to the physical, environmental and economic parameters of the planning area. (13) "MATCHING FUNDS" means those funds provided by the local sponsor to the project. (14) "MEMBER COUNTY" means a county located within the taxing boundaries of the District which includes Nassau, Duval, St. Johns, Flagler, Volusia, Brcvard, Indian River, St. Lucie, Martin, Palm Beach, Broward and Miami -Dade Counties. (15) "NAVIGATION RELATED DISTRICTS" means port authorities, inlet districts or any other agency having legally authorized navigation related duties in waterways of the District. (16) '?RE -AGREEMENT COSTS" means project costs approved by the District Board which have occurred prior to the execution of the project agreement. (17) "PROGRAM" means the Florida Inland Navigation District Waterways Assistance Program, (18) "PROGRAM FUNDS" means financial assistance awarded by the Board to a project for release to the project sponsor pursuant to the terms of the project agreement. (19) "PROJECT" means a planned undertaking consisting of eligible program facilities, improvements or expenses for the use and benefit of the general public. (20) "PROJECT AGREEMENT" means an executed contract between the District and a project sponsor setting forth mutual obligations regarding an approved project. (2 1) -PROJECT MAINTENANCE" means any usual action, activity, expense, replacement, adjustment or repair taken to retain a project or grant item in a serviceable, operational or normal condition, or the routine efforts and expenses necessary to restore it to serviceable or normal condition, including the routine recurring work required to keep the project or grant item in such condition that it may be continuously used at its original or designed capacity and efficiency for its intended purpose. (22) "PROJECT MANAGER" means the District employee who is responsible for monitoring the performance ofthe Project and compliance with the project agreement. (23) "PROJECT PERIOD" means the approved time during which costs may be incurred and charged to the funded project. (24) "PROJECT SPONSOR" means an eligible governmental agency receiving program funds pursuant to an approved application. (25) "PUBLIC BUILDING"" means a building or facility on government owned property that is owned or operated by a governmental entity, or operated by a third party operator. The building or facility must provide waterway related information, public meeting space, or educational services and be open to members of the public on a continual basis without discrimination. (26) "PUBLIC MARINA" means a harbor complex used primarily for recreational boat mooring or storage, the services of which are open to the general public on a first come, first served basis without any qualifying requirements such as club membership, stock ownership, or differential in price. (27) "PUBLICLY OWNED COMMERCIAL OR INDUSTRIAL WATERWAY ACCESS" means any publicly owned area specifically designed to be used for staging, launching, or off-loading by commercial Or industrial waterway users on a first come, first served, short-term basis, to gain entry to or from the District's waterways to serve the infrastructure needs of the District's waterway users, (28) "TRIM HEARING" means a public hearing required by Chapter 200, F.S., concerning the tax and budget of the District. (29) "WATERWAYS" means the Atlantic Intracoastal Waterway, the Okeechobee Waterway, the Barge Canal in Brevard County west of the Port Canaveral Locks, those portions of the Dania Cut -Off Canal and the Hillsboro Canal east of the water control structures, all navigable natural rivers, bays, creeks or lagoons intersected by said waterways and all navigable natural creeks, rivers, bays or lagoons entering or extending from said waterways. (30) "WATERWAY RELATED ENVIRONMENTAL EDUCATION" means an interdisciplinary holistic process by which the learner: develops an awareness of the natural and manmade environments of waterways; develops knowledge about how the Page 492 of 735 environment of the waterways works-, acquires knowledge about the technological, social, cultural, political, and economic relationships occurring in waterway related environmental issues; and, becomes motivated to apply action strategies to maintain balance between quality of life and quality of the environment of waterways. Rulemaking Authority 374.976(2) FY Law Implemented 374,976(1) FS, History -New 12-17-90, Amended 9-2-92, 2-6-97, Formerly 16T-2.003, Amended 5-17-98, 3-21-01, 3-20-03, 3-3-04, 4-21-05, 4-24-06, 4-13-07, 3-25-08,3-7-11. 6613-2.004 Policy. The following constitutes the policy of the District regarding the administration of the program: (1) Financial Assistance Eligibility: Financial assistance, support and cooperation may be provided to eligible governmental agencies for approved projects as follows: (a) Member counties may be provided financial assistance, support or cooperation in planning, acquisition, development, construction, reconstruction, extension, improvement, operation or the maintenance of public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, maritime management plans, and boating safety projects directly related to the waterways. (b) Eligible local governments may also be provided financial assistance, support and cooperation in planning and carrying out public navigation, local and regional anchorage management, beach renourishment, public recreation, inlet management, environmental education, and boating safety projects directly related to the waterways. (c) Navigation related districts may be provided with financial assistance to pay part of the costs of the planning and acquisition of dredge material management sites if the Board finds that the site is required for the long-range maintenance of the Atlantic Intracoastal Waterway channel, All such sites must meet the development and operational criteria established by the District through a long-range dredge material management plan for that county. Navigation related districts may also be provided with assistance for waterway related access projects, environmental mitigation projects associated with waterway improvement related activities, and inlet management projects if the Board finds that the project benefits public navigation in the Atlantic Intracoastal Waterway. All navigation related districts shall contribute at least equal matching funds to any District financial assistance provided. Seaports may also be furnished assistance and support in planning and carrying out environmental mitigation projects. All seaport projects shall benefit publicly maintained channels and harbors. Each seaport shall contribute matching funds for funded projects. (d) Eligible projects shall include the acquisition and development of public boat ramps and launching facilities, including those in man-made, navigable waterways contiguous to "waterways" as defined in Rule 6613-2.003, F.A.C. (2) Notification: The District will notify by direct mail, email and/or advertised public notice all eligible governmental agencies of the program and the upcoming authorized submission period. (3) Project Approval: Approval of projects by the District shall be in accordance with these rules. (4) Project Accessibility: Facilities or programs funded in whole or in part by program funds shall be made available to the general public of all of the member counties on a non-exclusive basis without regard to race, color, religion, age, sex or similar condition. Additionally, facilities funded in whole or in part, by program funds, shall not require a paid membership for the general public of all of the member counties as a condition to use the facilities, User or entrance fees may be charged for the use of facilities funded in whole or in part by program funds, however such fees shall be reasonable and shall be the same for the general public of all of the member counties. (5) Waterway Impacts: All development projects must be designed so as not to impact navigation along the District's waterways through the placement of structures, attendant uses, or the necessity of a boating speed zone for safety purposes. Before applying for boating speed zone designation in District waterways because of a project funded by this program, the sponsor shall first receive approval from the Board. The Board will use the criteria found in Section 327.46(l), F.S., in determining whether to approve the proposed boating speed zone. (6) Project Maintenance. The preject sponsor shall be responsible for the operation, maintenance, and management of the project for the anticipated life of the project and shall be responsible for all expenses required for such purposes. The project shall be maintained in accordance with the standards of maintenance for other similar local facilities and in accordance with applicable health standards. Project facilities and improvements shall be kept reasonably safe and in reasonable repair to prevent undue deterioration and to encourage public use. The project sponsor shall have full legal authority and financial ability to operate and maintain the project facilities. Page 493 of 735 (7) Education Facilities and Programs: Waterways related environmental education facilities and programs sponsored by the District shall occur at specially designated environmental education facilities located adjacent and contiguous to the waterways, It is the District's intent to consolidate its environmental education efforts in the least number of facilities within an area that will adequately serve the education needs of that area of the District. (8) Public Information Availability: Public information produced with assistance from this program shall not be copyrighted and shall be provided free of cost, except for the cost of reproduction, to the public. (9) Third -Party Project Operators: Projects that are being operated by a third party shall have sufficient oversight by the eligible project sponsor as determined by the Board. Such oversight, at a minimum, will include a project liaison that is a staff member of the eligible project sponsor, and oversight of the operating hours and admission fees of the facility by the eligible project sponsor through a legal agreement. All third party projects shall be open to the public in accordance with this rule. (10) Non-compliance: The District shall terminate a project agreement and demand return of program funds disbursed to the project sponsor for non-compliance with any of the terms of the project agreement or this rule, if such non-compliance calls into question the ability of the applicant to complete the project. Failure of a project sponsor to comply with the provisions of this rule or the project agreement shall result in the District declaring the project sponsor ineligible for further participation in the program until such time as compliance has been met to the satisfaction of the District. (11) Fees: Any public project eligible for District program funds that charges a fee or will charge a fee must create and maintain an enterprise fund for the public project that shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. Accounting records of the previous five years of the public project's enterprise fund will be submitted as part of any subsequent assistance program application to the District. Ruleniaking,4uthority374.976(2)FS. Law Implemented 374.976(l),(2) FS, History -New 12-17-90, Amended 2-3-94,2-6-97, Formerly 16T-2.004, Amended 5-18-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-3-04, 4-21-05, 4-1-09, 2-22-10, 3-7-11, 3-7-12, 1-27-14, 2-17-15. 66B-2.005 Funds Allocation. The Board will allocate funding for this program based upon the District's overall goals, management policies, fiscal responsibilities and operational needs for the upcoming year. Funding allocations to navigation related districts, member counties and local governments shall be based upon the proportional share of the District's ad valorem tax collections from each county. If funds are determined to be available for the program, the District will notify potential eligible governmental agencies of the availability of program funding. Applications will be reviewed by the Board utilizing District Forms No. 91-25 and 91-25 (A) through (F) Waterways Assistance Program Application and Evaluation Worksheet (effective date 1/2014), hereby incorporated by reference and available at: hLI ,No= �e-Q 568 and available from the District office or by download from the District's webpage at: www.aicw.org. (1) Funding Assistance Availability: In as much as the District has other fiscal responsibilities and operational needs, financial assistance to eligible government agencies shall not exceed an amount equal to eighty (80) percent of the proportional share of the District's ad valorem tax collections from each county in which such agencies are located. The District may make an exception to this funding limitation, if funds are determined to be available based upon the District's overall goals, management policies, fiscal responsibilities and operational needs, or in counties that are recovering from a state of emergency declared under Chapter 252, F.S. (2) Project Funding Ratio: All financial assistance and support to eligible governmental agencies shall require, at a minimum, equal matching funds from the project sponsor, with the exception of public navigation projects that meet the provisions of subsection 66B-2.005(6), F.A.C., land acquisition projects in accordance with subsection 6613-2,005(7) and Rule 6613-2.008, F.A.C., small-scale spoil island restoration and enhancement projects that meet the provisions of Rule 66B-2,014, derelict vessel projects consistent with Rule 668-2,001.5, F.A.C., and Waterway Cleanup Projects approved under Rule 66B-2.0016, F.A.C. Applicant's in-house costs are limited pursuant to paragraph 66B -2.008(1)(c), F.A.C. All financial assistance to seaports shall require equal matching funds. The District shall contribute no more than fifty percent (50%) of the local share of the cost of an inlet management or beach renourishment project. The District shall not contribute funding to both the state and local shares of an inlet management or beach ranourishment proj ect. (3) Pre -agreement Expenses: The praj ect sponsor shall not commence work on an approved project element prior to the execution of the project agreement unless authorized by the Board during the review and funding approval process- Board authorization of pre - agreement expenses will be given for the commencement of work prior to the execution of a project agreement if the Board determines that there is a benefit to the District, its waterways or its constituents. All project costs must be incurred and work performed within Page 494 of 735 the project period as stipulated in the project agreement unless pre-agreement costs are approved by the Board. Pre-agreement expenses will be approved if they are consistent with the provisions of Rule 6613-2.008, F.A.C., and occur within the fiscal year of the grant application submission (October Ist to September 30th). Pre-agreement expenses, except for projects approved by the Board as multi- year projects, will be limited to fifty (50) percent of the project's total cost and if the expenses are eligible project expenses in accordance with this rule. Only one-half (1/2) or less of the approved pre-agreement expenses will be eligible for reimbursement funding from the District, except fur projects approved by the Board as multi-year projects, The Board shall consider a waiver of the limitation on lyre-agreement expenses for Small-Scale Derelict Vessel grants and land acquisition projects when the applicant demonstrates a direct need and benefit and the project is in accordance with the applicable provisions of Chapter 6613-2, F,A.C. (4) Multi-Year Funding: The construction phase of projects that are large scale, involve multiple phases, have a construction time line of one year or longer, or are requesting a significant amount of assistance finding in relation to the total assistance available for the county where the project is located, will be reviewed and approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. The determination by the Board to provide assistance funding on a multi-year basis can be made at any time during the application review process. All approved multi-year projects are limited to a maximum of two (2) additional funding requests. (5) Inlet Management and Beach Renourishment: Projects and project elements in the categories of inlet management and beach renourishment shall be subject to the following provisions, The District shall contribute no more than fifty percent of the local share of the cost of the project. The District shall not contribute funding to both the state and local shares of an inlet management or beach renourishment project. Funding for the construction phase of an inlet management or beach renourishment project may be approved by the District Board for a multiple year period subject to budgeting and allocation pursuant to the provisions of Chapter 200, F.S. Additionally the following provisions shall be met for inlet management or beach renourishment projects: (a) Inlet Management: Inlet management projects shall benefit public navigation within the District and shall be consistent with Department of Environmental Protection approved inlet management plans and the statewide beach management plan pursuant to Section 161,161, F.S. Inlet management projects that are determined to be consistent with Department of Environmental Protection approved inlet management plans are declared to be a benefit to public navigation. (b) Beach Renourishment: All projects in this category shall be consistent with the statewide beach management plan. Beach renourishment projects shall only include those beaches that have been adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project. The determination of beach areas that are adversely impacted by navigation for the purposes of this program shall be made by Department of Environmental Protection approved inlet management plans. If state funding is not provided for a beach project, public access with adequate parking must be available in accordance with Chapter 161, F.S. (6) Public Navigation: Projects or project elements in the category of public navigation that will qualify for up to seventy-five percent (75%) program funds must be within the Intracoastal Right-of-Way (ROW), or provide public navigation channel access to two or more publicly accessible launching, mooring or docking facilities. In addition, the following shall apply: (a) Navigation channel dredging: The project sponsor must demonstrate that the source of channel sedimentation has been identified and is in the process of, or has been controlled, or that the frequency and amount of shoaling is such that dredging will provide an improvement to the channel that will last for twenty (20) years or more and therefore is more cost effective than identifying and correcting the cause of shoaling, or that the cost of identifying the source of channel sedimentation exceeds the cost of the dredging project. (b) Navigation channel lighting and markers must be located on primary or secondary public navigation channels. Navigation projects or project elements that have one facility open to the public will qualify for up to fifty percent (50%) program funding. Dredging that is associated or ancillary to another use (such as a boat ramp, marina or pier) will be prioritized according to the associated use. (7) Land Acquisition: Land acquisition projects that provide for commercial/industrial waterway access shall qualify for a maximum of fifty (50) percent funding. All other land acquisition projects shall qualify for a maximum of twenty-five (25) percent program -funding. All pre-agreement expenses for land acquisition must be completed within one-year of the date of application for funding. All funded land acquisition projects must construct the required boating access facility within 7 years of completion of the land acquisition, or the District may require the applicant to refund the program funding, Immediately upon acquiring title to the land, the applicant shall record a declaration of covenants in favor of the District stating that if the required boating access facility is not constructed within 7 years and dedicated for the public use as a boating access facility for a minimum period of 25 years after completion of construction, the District shall require the applicant to refund the program funding. Page 495 of 735 (8) Seaport Funding Eligibility: Financial assistance to seaports may exceed the proportional share of the Disarriet's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the county in which such seaport is located if the seaport can demonstrate that a regional benefit occurs from the port's activities. Financial assistance to a seaport project that demonstrates a regional benefit shall not exceed an amount equal to (i) the proportional share of the District's ad valorem tax collections as set forth in subsection 66B-2.005(1), F.A.C., from the counties where the benefit is demonstrated less (ii) funding allocated in the same fiscal year to all other local government projects funded in those counties. Rulemaking Authority 374,976(2) FS. law Implemented 374,976(1), (3) FS. History. -New 12-17-90, Amended 6-24-93, 9-5-96, 2-6-97, Formerly 16T-2.005,Amended 5-17-98,8-26-99,3-21-01, 7 -30 -02,3 -3-04,4-21-05,4-24-06,4-15-07,3-25-08,4-1-09,3-7-11,3-7-12, 4-10-13, 1-27-14,5- 75-J& 66B-2.006 Application Process. (1) Application Period., With the exception of eligible Disaster Relief Projects, eligible Small -Scale Spoil Island Restoration and Enhancement Projects eligible Small -Scale Derelict Vessel Applications and Waterway Cleanup Events, all applications for assistance through this program will be submitted during the authorized submission period that shall he established by vote of the Board at a scheduled meeting. (2) Application Forms: Florida Inland Navigation District Waterways Assistance Program Project Application FIND Form Number 90-22 (effective date 4-24-06) and the Waterway Assistance Program Application and Evaluation Worksheet No. 91-25 and 91-25 (A) through (F) (effective date 1/2014) are hereby incorporated by reference and available from the District office. With the exception of projects eligible under the Small-Sca)c Spoil Island Restoration and Enhancement program, the Small -Scale Derelict Vessel program, and eligible Waterway Cleanup Events, all applications for financial assistance and support through this program from member counties and local governments shall be made on Form Number FIND 90-22 and the Waterway Assistance Program Project Application and Evaluation Worksheet No, 91-25 and 91-25 (A) through (F) and shall include a detailed cost estimate submitted on FIND Form No, 90-25, Florida Inland Navigation District Assistance Program Project Cost Estimate, (effective date 4- 24-06), hereby incorporated by reference and available from the District office. In addition, all applicants shall submit a complete and detailed Project Timeline (FIND FORM No. 96-10) (effective date 4-15-07). (3) Sponsor Resolution: The project sponsor shall approve the submission of an application by official resolution from its governing board or commission. Said resolution shall be made on FIND Form No, 90-21, Resolution for Assistance Under the Florida Inland Navigation District Waterways Assistance Program (effective date 10-1.4-92), hereby incorporated by reference and available from the District office. (4) Attorney's Certification: If the application is for a project that is a land based development project the applicant shall submit an Attorney's Certification of Title, FIND Form Number 94-26 (effective date 5-25-00), hereby incorporated by reference and available from the District office. (5) Maps and Geographic Information: All applicants shall be required to submit, at minimum, the following geographic information:A, County location map, a project location map, a project boundary map, and a clear and detailed site development map for land development projects. (6) Application Review: Applicants shall obtain the local FIND Commissioner's initials on Form No. 90-26 prior to submitting the application to the District office. It is the applicant's responsibility to make timely arrangements for the local FIND Commissioner's review. In the absence of extenuating circumstances outside of the applicant's control as determined by the Board of Commissioners, an application shall not be considered complete if it does not include the local FIND commissioner's initials on Form No. 90-26. Upon receipt in the District office, staff will review the applications for completeness of the informational requirements identified in the Application Checklist, FIND Form Number 90-26 (effective date 7-30-02), and for compliance with the eligibility requirements of this rule. When an application is determined by staff to be incomplete or ineligible, staff will immediately inform the applicant by mail. The applicant will then have until the date established by the Board in the application package to bring the application into compliance. If the applicant fails to provide a complete application in compliance with these rules, the application will not be considered for funding, In order to have a complete application, the applicant shall not only submit the forms required under Rule 66B-2.006, F.A.C., and any other information requirements identified in the Application Checklist (FIND Form Number 90-26), but such forms and other submitted information must be completely filled out, executed as applicable, and also establish compliance with Chapter 66B-2, F.A.C. (7) Interlocal Agreements: Applications that the Board determines will directly benefit the maintenance of the Atlantic Intracoastal Page 496 of 735 Waterway channel as documented by the District's long range dredged material management plans, will directly benefit the maintenance of the Okeechobee Waterway channel as documented by the District's long range dredged material management plan, will directly benefit the maintenance or improvement of District property, right-of-way or navigation interests, or have multiple funding partners including the Corps of Engineers as the project manager can qualify for project assistance through an interlocal agreement pursuant to Chapter 163, F.S., or Section 374.984(6)(a), F.S. District staff will identify these applications and present them to the Board for their determination as to funding, Interlocal agreement projects shall comply with all other provisions of this rule, except for prc-agreement expenses, permitting and property control requirements. (8) Application Presentations: Applications determined to be complete and in compliance with this rule will be forwarded to the Board for review and then scheduled for presentation to the Board at a scheduled meeting of the Board. Applicants can decline to make a presentation to the Board by submitting a written request. (9) Application Evaluation and Rating Score: Following the presentations, the .Board will review the applications and evaluate them using the Waterways Assistance Program Application and Evaluation Worksheets No. 91-25 (A) through (F) for Waterways Assistance Program applications, The total points awarded to each application by the Commissioners will be averaged to determine an application's final rating score. The final rating score for each application must equal or exceed 35 points for the application to be considered for funding assistance. Reconsideration of any application with a final rating score of less than 35 points will only occur if the majority of the Commissioners evaluating the project rated the project equal to or exceeding 35 points and two-thirds of the Commissioners vote for reconsideration ofthe application. Only Applicants that are eligible under Rule 6613-2.0061, F.A.C., "Disaster Relief Applications", shall complete FIND Form No. 91-25F Emergency Re -Construction (effective date 4-24-06, 112014). (10) Funding Determination: The Board will hold a funding allocation meeting at which time the Board will determine the allocation of funds, if any, to each project and the projects will be ranked by overall average score to facilitate final funding decisions by the Board, Allocations will be based in part upon the cumulative score of the applications as calculated from the Project Evaluation and Rating Form. Allocations will also be based upon the specific needs of the individual counties, ,Rulemaking Authority 374.976(2) F.S. Low Implemented 374.976(l).F'S. History -New 12-17-90, Amended 9-2-92, 6-24-93, 4-12-95, Formerly 16T- 2,006,Amended.5-25-00,3-21-01, 7 -30-02,3-20-0-3,4-21-05,4-24-06.4-15-07,3-25-08.3-7-11,1-27-14, 66B-2.0061 Disaster Relief Applications. Disaster Relief applications may be submitted to the District and considered by the Board at any time during the year to provide assistance to an eligible applicant for the removal of navigation obstructions and repair or replacement of waterway facilities damaged by a declared natural disaster. The District shall consider these applications in accordance with these rules. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) FS, History New 6-24-93, Amended 2-6-97, Formerly 167=2,0061, Amended4- 24-06, 66B-2.008 Project Eligibility. (1) Eligible Projects: Financial assistance and support through this program shall be used to plan or carry out public navigation and anchorage management, public recreation, environmental education, boating safety, acquisition and development of spoil sites and publicly owned commercial/industrial waterway access directly related to the waterways, acquisition and development of public boat ramps, launching facilities and boat docking and mooring facilities, inlet management, maritime management planning, environmental mitigation and beach renourishment. (a) Program funds may be used for projects such as acquisition, planning, development, construction, reconstruction, extension, or improvement, of the following types of projects for public use on land and water. These project types will be arranged into a priority list each year by vote of the Board. The priority list will be distributed to applicants with the project application. 1. Public navigation channel dredging; 2, Public navigation aids and markers; 3. Inlet management projects that are a benefit to public navigation in the District; 4. Public shoreline stabilization directly benefiting the District's waterway channels; 5. Acquisition and development of publicly owned spoil disposal site and public commercial/industrial waterway access; 6. Waterway signs and buoys for safety, regulation or information; 7. Acquisition, dredging, shoreline stabilization and development of public boat ramps and launching facilities; 8. Acquisition, dredging, shoreline stabilization and development of public boat docking and mooring facilities; Page 497 of 735 9. Derelict Vessel Removal; 10. Waterways related environmental education programs and facilities; 11. Public fishing and viewing piers; 12. Public waterfront parks and boardwalks and associated improvements; 13. Maritime Management Planning; 14. Waterways boating safety programs and equipment; 15. Beach renourishment on beaches adversely impacted by navigation inlets, navigation structures, navigation dredging, or a navigation project; and, 16. Environmental restoration, enhancement or mitigation projects; and, 17. Other waterway related projects. Waterway projects that do not meet specific criteria in subsection 668-2.005(5) or (6) or subparagrapbs 66B -2.008(1)(a)].-16., F,A.C., but are located on eligible waterways shall be considered for funding under the priority listing of "other waterway related project" and eligible for 25% funding, (b) Ineligible Projects or Project Elements. Project costs ineligible for program funding or matching funds will include: contingencies, miscellaneous, reoccurring personnel related costs, irrigation equipment, ball -courts, park and playground equipment, and any extraneous recreational amenities not directly related to the waterway such. as the following: 1. Landscaping that does not provide shoreline stabilization or aquatic habitat, 2. Restrooms for non -waterway users; 3. Roadways providing access to non -waterway users; 4. Parking areas for non -waterway users; 5. Utilities for non -waterway related facilities, 6. Lighting for non -waterway related facilities; 7. Project maintenance and maintenance equipment; 8. Picnic shelters and furniture for non -waterway related facilities; 9. Vehicles to transport vessels; and, 10. Operational items such as fuel, oil, etc. 11. Office space that is not incidental and necessary to the operation of the main eligible public building; and, 12. Conceptual project planning, including: public surveys, opinion polls, public meetings, organizational conferences; and, 13..Inlet maintenance. (c) Project Elements with Eligibility Limits: Subject to approval by the Board of an itemized expense list: 1. The following project costs will be eligible for program funding or as matching funding if they are performed by an independent contractor: a. Project management, administration and inspection; b. Design, permitting, planning, engineering or surveying costs for completed construction project; c. Restoration of sites disturbed during the construction of an approved project; d. Equipment costs. Before reimbursement is made by the District on any of the costs listed in subparagraph 1. above, a construction contract for the project, approved and executed by the project sponsor and project contractor must be submitted to the District. 2. Marine fire -fighting, Marine law enforcement and other vessels are eligible for a maximum of $60,000 in initial District funding. All future replacement and maintenance costs of the vessel and related equipment will be the responsibility of the applicant. 3. Waterway related environmental education facility funding will be limited to those project elements directly related to the District's waterways. (d) Phasing of Projects: Applications for eligible waterway projects may be submitted as a phased project where Phase I will include the design, engineering and permitting elements and Phase 11 will include the construction of the project. A description and cost estimate of the Phase If work shall be submitted along with the Phase I application for Board review. (2) Property Control: The site of a new proposed land-based development project, with the exception of those projects requesting Small -Scale Spoil Island Restoration and Enhancement funding, shall be dedicated for the public use for which the project was intended for a minimum period of 25 years after project completion. Such dedication shall be in the form of a deed, lease, management agreement or other legally binding document and shall be recorded in the public property records of the county in which the property is located. This property control requirement also applies to a project site owned by another governmental entity. The governmental Page 498 of 735 entity that owns the project site may be joined as a co -applicant to meet this property control requirement. Existing land based development projects that are being repaired, replaced Or modified must demonstrate that the project site has been dedicated for public use for at least 25 years with at least 10 years remaining on the dedication document. Property shall also be deemed dedicated for public use if: (a) The property has been designated for the use for which the project is intended (even though there may have been no formal dedication) in a plat or map recorded prior to 1940, or (b) The project sponsor demonstrates that it has had exclusive control over the property for the public use for which the project is intended for a period of at least 30 years prior to submission of the application, or (c) There is no ongoing litigation challenging the designated use of the property as shown on the plat or map, nor has there been any judicial determination contrary to the use by the public for the use shown on the plat or map. (3) Permits: The project sponsor is responsible for obtaining and abiding by any and all federal, state and local permits, laws, proprietary authorizations and regulations in the development and operation of the project. Applicants for construction projects that include elements that require state or federal environmental permits or proprietary authorizations will demonstrate that all required environmental permitting and authorizations will be completed by the District's final TRIM hearing. This demonstration will be by submission of the required environmental permit(s) and authorizations, or by submission of a letter from the agency(s) stating that a permit or authorization is not required. Should the environmental permitting element of an application that has construction elements requiring state or federal environmental permits or authorizations not be completed by the District's final TRIM hearing, the construction portion of the project will not be considered for funding. Whereby funding decisions are completed at the final TRIM. hearing, the District will not deviate from the funding schedule to accommodate any application deficiency. (4) Public Marina Qualifications: All public marina projects funded through this program shall include sewage pumpout facilities for vessels, unless the applicant can demonstrate that inclusion of such a facility is physically, operationally or economically impracticable. All public marina projects funded through this program shall have at least ten percent (10%) of their slips or mooring areas available for transient vessels. Public marina dockage rates shall be within market comparison of the dockage rates of other area marinas. The public marina will be required to establish and maintain an accounting of the funds for the facility and shall plan for and retain at all times sufficient funds for the on-going maintenance of the facility during its project life. (5) The District may assist eligible local governments with efforts to prepare and implement a comprehensive maritime management plan. The plan shall be utilized by the eligible government to promote and maximize the public benefit and enjoyment of eligible waterways, while identifying and prioritizing the waterway access needs of the community. The plan should not duplicate any existing or ongoing efforts fbr the same waterway or water shed, nor shall the District participate in any effort that does not address the basic maritime needs of the community. (a) Existing plans may he updated at reasonable intervals or amended to include waterway areas previously not included in the original effort. Public, government, environmental, industry and other pertinent interest groups shall be solicited and included for input in the planning process. (b) The plan shall be utilized as a tool to provide a minimum 5 -year planning analysis and forecast for the maritime needs of the community, and shall include, at minimum, the following-, 1, Public boat ramp and ramp parking inventory and analysis. 2. Public mooring and docking facility analysis, including day docks and transient slips. 3. Commercial and working waterfront identification and needs analysis. 4. The identification, location, condition and analysis of existing and potential navigation channels. 5. An inventory and assessment of accessible public shorelines. 6. Public Waterway transportation needs. 7. Environmental conditions that affect boat facility siting, a current resource inventory survey, and restoration opportunities. 8. Economic conditions affecting the boating community and boating facilities. 9. Acknowledgment and coordination with existing data and information, including an emphasis on the Intracoastal Waterway. (c) Projects requested for assistance program funding shall be consistent with the applicant's maritime management plan. The applicant should utilize the plan to assist in prioritizing waterway improvement projects. (6) All eligible environmental restoration, enhancement or mitigation projects as well as the environmental restoration, enhancement or mitigation components of other types of projects shall be required to pursue and assign any available mitigation Page 499 of 735 credits to the District for that share of the project funded through the District's Assistance Program. All eligible environmental restoration, enhancement or mitigation projects shall provide public access where possible. (7) final Decisions: The Board will make all final decisions on the eligibility of a Project or specific project costs. Rulemaking Authority 374,976(2) FS. Law Implemented 374,976(1)-(3) FS. History -New 12-17-90, Amended 9-2-92, 6-24-93, 2-3-94, 4-12-95, 9- 5-96, 2-6-97, Formerly 16T-2.008, Amended 5-17-98, 3-31-99, 5-25-00, 3-21-01, 7-30-02, 3-20-03, 3-3-04, 4-15-07 3-25-08, 4-1-09, 2-22-10, 3-7- 11, 3-7-12,1-27-14, 2-17-15, 2-21-16 6613-2.009 Project Administration. The District will appoint a project manager who shall be responsible for monitoring the project and the project agreement. The project manager shall also be responsible for approving all reimbursement requests. The project sponsor shall appoint a liaison agent, who will be a member of the eligible applicant's staff, to act on its behalf in carrying out the terms of the project agreement. Administration of the project will be as follows: (1) Project Agreement: For each funded project, the District and the project sponsor will enter into a project agreement. The project agreement shall be executed and returned by the project sponsor within six (6) months of the approval of the project funding and prior to the release of program funds, setting forth the mutual obligations of the parties concerning the project. The project agreement shall incorporate the applicable policies and procedures of the program as outlined in this rule. Project agreements will be for a two-year period with the possibility for one., one-year extension, Any request for a one-year extension of funding shall require submittal by the PROJECT SPONSOR ofa request for extension to the DISTRICT no later than July of fiscal year two of the approved project. This request will then be considered by the DISTRICT Board, whose decision shall be final. In review of these requests, the Board will take into consideration the current status and progress of the project and the ability of the applicant to complete the project within one additional year. (2) Matching Funds: The proiect sponsor shall clearly identify and enumerate the amount and source of the matching funds it will be using to match the program funds supplied by the District for an approved project. The project sponsor shall provide suitable evidence that it has the matching funds available at the time the project agreement is executed. (3) Agreement Modification: All proposed changes to the project agreement must be submitted to the District in writing by the project sponsor accompanied by a statement of justification for the proposed changes. All project agreement amendments shall be approved by the District Board, except that the Executive Director may approve a minor project agreement amendment for a project within a county with the local District commissioner's concurrence. A minor project amendment shall not change the approved project's category, result in a reallocation of more than 35% of the approved funding of the project among project elements, nor allow for a greater than 35% change in the project scale or scope of work. Project agreement amendments will not include a change to the approved project's location or a change in the approved project's Purpose or project type. Agreed changes shall be evidenced by a formal amendment to the project agreement and shall be in compliance with these rules. (4) Project Reporting: The liaison agent will submit quarterly reports to the project manager summarizing the work accomplished since the last report, problems encountered, percentage of project completion and other appropriate information. These reports shall continue throughout the length of the project period until completion of the project. The report shall be submitted on Form 95-02, "Assistance Program Project Quarterly Status Report", dated 7-30-02, hereby incorporated by reference and available at the District office. A Final Project Report shall be submitted at the completion of the project and shall at minimum include: project summary, photo of completed project, final cost, project benefits to the waterway and location address, (5) Reimbursement Requests: The liaison agent may submit periodic reirnbursement requests during the project period in accordance with Rule 6613-2.011, F.A.C. The project manager will approve or disapprove all reimbursement requests. The final payment of program funds will be made upon certified completion of the project by the District. (6) Project Inspection: Upon reasonable request, the project manager shall have the right to inspect the project and any and all records relating to the project. (7) Project Completion. The project shall be completed within three (3) years of the date of the beginning of the District's first fiscal year for which the project was approved. If the completion of a project is impacted by a declared state of emergency and the Board waives this rule section, the extension of time granted shall not exceed one additional three (3) year period. (8) Project Completion Requirements: Upon completion of the project, the liaison agent shall provide the fbllowing to the project manager: (a) A. Project Completion Certificate, FIND Form No. 90-13 (effective date 7-30-02), hereby incorporated by reference and Page 500 of 735 available from the District office, which certifies that the project was completed in accordance with the project agreement and the final project plans. (b) A final reimbursement request accompanied by all required billing statements and vouchers. (c) Photograph(s) showing the installation of the sign required by Rule 66B-2.013, F.A.C. (d) Photograph(s) of the completed project clearly showing the program improvements. (9) Project Completion Review: The project manager will review the project completion package and will authorize or reject the final reimbursement payment which will include all retained funds from previous requests. Rulemaking Authority 374.976(2) FS. Law Implemented 374.976(1) F& History -New 12-17-90, formerly 16T-2.009, Amended 3-21-01,7-30-02,3- 7-11,1-27-14. 6613-2.011 Reimbursement. The District shall release program funds in accordance with the terms and conditions set forth in the project agreement. This release of program funds shall be on a reimbursement only basis. The District shall reimburse the project sponsor for project costs expended on the project in accordance with the project agreement. Project funds to be reimbursed will require the submission of a Reimbursement Request Form and required supporting documents, FIND Form No, 90-14 (effective date 7-30-02) hereby incorporated by reference and available from the District office. (I) Authorized Expenditures: Project funds shall not be spent except as consistent with the project agreement cost estimate that was approved by the Board, which shall be an attachment to the project agreement. This cost estimate will establish the maximum funding assistance provided by the District and the percentage of funding provided by each party to the project, The District will pay the lesser of (a) The percentage total of project funding that the Board has agreed to fund, or (b)Tbc maximum application funding assistance amount. (2) Phase I Reimbursement: In accordance with these rules, reimbursement cannot be made on a Phase I application until a construction contract is executed by the applicant for the construction phase of the project. If the Phase I project is completed but a construction contract is not executed by the three (3) year project deadline, then the District shall only allow one (1) year from the Phase I project deadline to enter into the required construction contract before the Phase I funding is cancelled. (3) Reimbursement Requests: All project costs shall be reported to the District and summarized on the Reimbursement Request Form, All requests for reimbursement shall include supporting documentation such as billing statements for work performed and cancelled payment vouchers for expenditures made. (4) Retainage: The District shall retain. ten percent (10%) of all reimbursement payments until final certification of completion of the project. The District shall withhold any reimbursement payment, either in whole or part, for non-compliance with the terms of this agreement. (5) Check 11'resentations: A District representative shall present the final reimbursement check to the project sponsor during a public commission meeting or public dedication ceremony for the project facility. (6) Recovery of Additional Project Funding: If the project sponsor receives additional funding for the project costs from another source that was not identified in the original application and that changes the agreement cost -share percentage, the prcject sponsor shall proportionately reimburse the District's program funds equal to the cost -share percentage in the approved project agreement. The project sponsor shall promptly notify the District of any project payments it receives from a source other than the District. Rulemaking Authority 374.976(2) RY. Law Implemented 374.976(1) FS. History -New 12-17-90, Amend!W6-24-93, Formerly ]U-2.011,Amended 3-31-99, 7-30-02, 3-7-11, 6611-2.012 Accountability. The following procedures shall govern, the accountability of program funds: (1) Accounting: Each project sponsor is responsible for maintaining an accounting system which meets generally accepted accounting principles and for maintaining such financial records as necessary to properly account for all program funds. (2) Quarterly Reports: The project sponsor shall submit quarterly project status reports to FIND in accordance with subsection 66B-2.009(4), F.A.C. (3) Completion Certification: All required final completion certification documents and materials as outlined in subsection 66B- 2.009(8), F.A,C., of this rule shall be submitted to the District prior to final reimbursement of program funds. Page 501 of 735 (4) Auditing: All project records including project costs shall be available for review by the District or by an auditor selected by the District for 3 years after completion of the project. Any such audit expenses incurred shall be borne entirely by the project sponsor. (5) Project Records: The project sponsor shall retain all records supporting project costs for three years after either the completion of the project or the final reimbursement payment, whichever is later, except that should any litigation, claim, or special audit arise before the expiration of the three year period, the project sponsor shall retain all records until the final resolution of such matters. (6) Repayment: If it is found by any State, County, FIND, or independent audit that program funds have not been used in accordance with this rule and applicable laws, the project sponsor shall repay the misused program funds to the District, RulemakingAuthordy 374,976(2) FS. Law Implemented 374.976(1) F& history- New 12-17-90, Formerly 16T-2.012, Amended 7-30-07 668-2.013 Acknowledgement. The project sponsor shall erect a permanent sign, approved by the District at the entrance to the project site which indicates the District's participation in the project. This sign shall contain the FIND logo. In the event that the project sponsor erects a temporary construction sign, this sign shall also recognize the District's participation. If the final product of the project is a report study or other publication, the District's sponsorship of that publication shall be prominently indicated at the beginning of the publication. If the project results in an educational display, the District's logo and a statement of the District's participation in the project shall be contained in the display. Rulemaking ,4uthority374.976(2)F,Y- Law Implemented 374.976(1) FS, History -New 12-17-90, Formerly 16T-2.013, Amended 2-22-10, 6611-2.014 Small -Scale Spoil Island Restoration and Enhancement Projects. Proposals shall be accepted for the restoration or enhancement of spoil islands and natural islands within the District's waterways for recreational, navigational, educational, and environmental purposes. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — A Request for Proposals procedure will be used to request proposals for consideration. Proposals shall follow the format described in FIND Document #03-02, Call for Proposals — Small -Scale Spoil Island Restoration and Enhancement Program (effective date 7-30-02), hereby incorporated by reference and available from the District office. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Matching Funds: Small-scale spoil island restoration and enhancement may qualify for up to ninety percent (90%) program funds. The applicant's ten percent (10%) matching funds may include in-kind contribution pursuant to paragraph 6613-2,014(4)(b), F.A.C. (3) Eligibility: All proposals must meet the following eligibility criteria to be considered for funding: (a) Management Plan Compliance: Projects shall be in compliance with the provisions of any Spoil Island Management Plans or other management plans that govern the Project site. (b) Property Control: The Prcjcct Sponsor must have written property rights on the Project site to construct and maintain the Project for a minimum of five years. Such property rights can be in the form of a lease, interlocal agreement, use agreement or other legal form approved by the District. The applicant shall include a map clearly delineating the location of all proposed work included in the application. (4) Funds Allocation: Funds shall be allocated pursuant to Rule 66B-2.005, F.A.C., subject to the exceptions identified in this rule, and with the following additions: (a) The District shall fund a maximum of up to $7,500 per project, not to exceed $22,500 per County, per fiscal year. (b) The Project Sponsor may contribute in-kind construction labor; such in-kind construction labor costs will not be counted by the District as exceeding $ 10.00 per hour. No administrative costs can be incorporated into the Project as Project costs. (c) The funding provided by the District shall only be allocated for specific Project expenses such as construction materials, plant materials, herbicides, etc. The funding Provided by the District shall not be allocated for parties, food or beverages. (5) Hold Harmless Waiver: All volunteers, who are not government employees, shall sign a hold harmless waiver Form No. 02- 01 (New 7-30-02) as approved by the District and hereby incorporated by reference and available from the District office. Rulemaking Authority 374-976(2) FS. Law Implemented 374,976(1) RY. History -New 7.30-02, Amended 4-24-06,3-7-11, Page 502 of 735 668-2.015 Small -Scale Derelict Vessel Removal Projects, Proposals shall be accepted for financial assistance for the removal of derelict vessels within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure — Applications shall be submitted on a completed FIND Form No. 05-01 (Small -Scale Derelict Vessel Removal Program) (effective date 4-24-06), and FIND Form No. 01 -06 (Small -Scale Derelict Vessel Removal Program -- Project Cost Estimate), (effective date 4-24-06), hereby incorporated by reference and available from the District office. Applications may be submitted to the District and considered by the Board at any time during the year, (2) The District shall only fund applicants that have identified derelict vessels to be removed and have a current bid for removal for such vessels, or have completed the removal of such vessels within the 6 months preceding the application, subject to eligibility under these program rules. (3) The program must be sponsored by an eligible government agency or not-for-profit organization. (4) District funding shall be limited to $30,000.00 per county, per year, provided on a reimbursement basis only. The limitation on pre -agreement expenses may be waived by the Board in accordance with subsection 66B-2.005(3), F.A.C. (5) The eligible applicant must provide the remaining matching funds for project completion. In no case shall the District's cost - share contribution exceed 75% of the total project costs. In-house project management or administration costs are not eligible costs or matching costs. (6) The derelict vessel must be located in the District's Waterways, as defined in Rule 6613-2.003, F.A.C. The applicant shall include a map clearly delineating the location of all vessels included in the application (7) The District shall be recognized when possible in all written, audio or video advertising and promotions as a participating sponsor of the program. (8) The funding provided by the District shall only be allocated for removal of derelict vessels. The District is providing program reimbursement funds only and shall be held harmless with regards to the activities initiated by the applicant, (9) The applicant shall be responsible for all maintenance, management, disposal and operating expenses associated with the program, (10) Funds derived from the sale of any derelict vessels or vessel parts removed through this grant program must be reinvested into the applicant's derelict vessel removal program. (11) The District Board shall make al I final decisions concerning the provision of funding for this program. Rutemaking Authority 374.976(2) FS. Law Implemented 374,976(1) FX History -New 4-24-06, Amended 4-15-07, 3-25-08,3-7-11, 1-27-14. 668-2.016 Waterways Cleanup Events. Proposals shall be accepted for financial assistance for the organized removal of refuse within the District's waterways. The applicable provisions of this rule apply to these applications with the following additions or exceptions: (1) Application Procedure: Prior to the event, a request for funding shall be submitted to the District by means of a cover letter detailing the occurrence of the cleanup, contact information, a map of the cleanup locations and the general parameters of the event, in addition, the Applicant will submit a detailed budget clearly delineating the expenditure of all District funds, as well as the overall general budget of the event. Proposals may be submitted to the District and considered by the Board at any time during the year. (2) Availability: The District shall fund a maximum of one clean-up program per waterway, per year within a county, with exception to the provisions of subsections (8) through (10), below. (3) Applicant Eligibility: The clean-up program must be sponsored by a govemment agency or a registered not-for-profit corporation. (4) Funding: District flinding shall be limited to $5,000 per waterway, per county, except for the provisions of subsections (8) through (10), below. (5) The District shall be recognized in all written, on-line, audio or video advertising and promotions as a participating sponsor of the clean-up program, (6) Funding Eligibility: The funding provided by the District shall only be allocated to reimburse the applicant for out of packet expenditures related to specific cleanup program expenses such as trash bags, trash collection, haul and landfill fees, gloves, advertising, T-shirts, and related expenses. The funding provided by the District shall not be allocated for parties, meetings, food or beverages. (7) The District Board shall make all final decisions concerning the provision of funding for a clean-up program. Page 503 of 735 In addition to the requirements stated above, a cleanup program implementing all of the following additional incentives will qualify for up to additional $5,000 in clean up funds. (8) The clew -up program budget must provide equal or greater matching funds for all Navigation District funding. (9) The applicant shall tally and report the composition and location of the waterway -related debris, with the goal to show definitive progress in the amount of refuse collected, a reduction in the overall debris in the waterway, or an increase in the number of additional waterway areas included in the clean up. (10) For each additional $1,000 in Navigation District funding, the applicant shall coordinate a minimum of one waterway collection point or clean up area, or an applicant can conduct an additional waterway cleanup program for the waterway areas. Rulemaking Authority 374,976(2) FS. Law Implemented 374,976(1) FS. History -New 3-7-11, Page 504 of 735 Project Title: Source of Matching Funds: Amount of Matching Funds: 1*4 $oil Ill ASSISTANCE PROGRAM Matching Funds Certification Project #: I hereby certify that the above referenced project Sponsor, as of October 01, 2018, has the required matching funds for the accomplishment of the referenced project in accordance with the Waterways Assistance Program Project Agreement between the Florida Inland Navigation District and the Sponsor, dated Project Liaison Name: Project Liaison Signature: *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND Form No. 95-01 New 9/9/95 (revised 7-30-02) Page 505 of 735 EXHIBIT D FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM PAYMENT REIMBURSEMENT REQUEST FORM PROJECT NAME: PROJECT PROJECT SPONSOR: n BILLING#:.,, Amount of Assistance A. Less Previous Total Disbursements B. and Less Previous Total Retainage Held Balance Available Fu!j4g_R!p_quggt;ed This Disbursement Funds Requested C. Less Retainage (-10% unless final) D. Check Amount Amount of Assistance Less Total Prior and Current Payments Including all retainage held (A -B -C -D) Balance Remaining Expense Description Check No. Total Applicant FIND (Should correspond to Vendor Name and Date Cost Cost Cost Cost Estimate Sheet Categories in Exhibit "N') ... ... .......... .. . ........... ... . ...... .. . . FIND - Form No. 90-14 Effective Date 7-30-02) (NOTE: Signature Required on Page 2) Page 506 of 735 FIND - Form No. 90-14 Page Two Expense Description (Should correspond to Cost Estimate Sheet Categories In Exhibit "A") EXHIBIT D (CONTINUED) SCHEDULE OF EXPENDITURES Check No. Total Vendor Name and Date Cost Applicant FIND Cost Cost . . . ....... . ....... Certification for A —e i m 66"i's' eiment: I certify that the above expenses were necessary and reasonable for the accomplishment of the approved project and that these expenses are in accordance with Exhibit "A" of the Project Agreement. * Project 1 6on .. .. ...... Date *S. 837.06 Florida Statutes, False official statements. - Whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duty shall be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083 F.S. FIND - Form No. 90-14 Effective Date 7-30-02) Page 507 of 735 I RESOLUTION NO. R20-115 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 3 FLORIDA, APPROVING AND AUTHORIZING THAT 4 MAYOR TO SIGN THE FLORIDA INLAND 5 NAVIGATION DISTRICT PROJECT` AGREEMENT FOR 6 THE REPLACEMENT OF BOAT RAMP AND DOCKS AT 7 HARVEY E. OYER, JR, PARK; AND PROVIDING AN 8 EFFECTIVE DATE, 9 10 12 WHEREAS, on March 18, 2020 the City Commission approved and authorized staff, 13 via Resolution 1%20-023, to apply for a grant frorn the Florida Inland Navigation District 14 (F.I.N.D.) for financial assistance to renovate and improve the boat ramps and dock at Harvey 15 E. Oyer Park; and 16 WHEREAS, at the FIND Final Tax Hearing on September 23, 2020, the Board 17 approved the recommended funding amounts for the 2020-2021 Assistance Program effective 18 October 1, 2020; and 19 WHEREAS, staff has been notified that the City of Boynton Beach was awarded 20 funding in the amount of $600,000 for the project and will need to enter into the project 21 Agreement, 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA THAT: 24 Section 1. The above refercneud whereas ClaLlSeS are incorporated herein by 25 reference, 26 Section 2. The City Commission hereby approves and authorizes the Mayor to sign 27 the Florida Inland Navigation District project Agreement flor the replacement of boat ramp and 28 docks at Harvey E. Oyer, .1r. park, A copy of the Agreement is attached hereto as Exhibit "A" S tCA�RLSUHND Agreeniew For Qycr lit ki CIA Park - Roo Docx Page 508 of 735 F -I 9 Section 3. This Resolution shall become effective immediately. 30 31 PASSED AND ADOPTED this nv—b day of October, 2020 or 32 CITY OF BOYNTON BEACH, FLORIDA 33 YES NO 34 35 Mayor – Steven B, Grant 36 37 Vice -Mayor – Ty Penserga 38 39 Commissioner –Justin Katz 40 41 Commissioner – Woodrow L. Hay V/ .................... 42 43 Commissioner– Christina L. Romelus 44 45 VOTE. 46 ATTEST: 47 48 49 50 C 1 K(al Gibson, MMC 51 City Clerk 52 53 54 Corporate Seat) tq or SACA"IRESOWIND Agreemem For Oyer Boat Club Park - Reso.Docx Page 509 of 735 2 2 2� 2 2 21 RESOLUTION NO. R20-023 A, RESOLUTION OF THE CITY OF BOYON BEACH, FLORIDA, AUTHORIZE AND DIRECT STAFF TO APPLY FOR A. GRANT FROM THE FLORIDA, INLAND NAVIGATION DISTRICT (F.I.N.D.) FOR FINANCIAL ASSISTANCE TO RENOVATE AND IMPROVE THE BOAT RAMPS AT HARVEY E. OVER 'PARK; AND PROVIDING AN EFFECTIVE DAXE WHEREAS, the City of Boynton Beach is interested in carrying out the following described proect for the enjoyment of the citizenry of Boynton Beach and the State of Florida: J ProJect'fitle: Oyer Boat Club Park improvements Total Estimated Cost: $1,200,000.00 Brief Description of Project: 'The enhancement offour (4) existing boat ramps and associated floating docks and gangwalys; and WHEREAS, ["lorida Inland Navigation District financial assistance is required for, the program tnentioned above. NOW, THEREFORE, BE IT RESOLVED BY THE CITY C"ONIMISSION OF THE CITY OF BOYON BEAC1.1, FLORIDA THAT: _Section 1. The above referenced whereas clauses are incorporated herein by Section 2. The City Commission hereby approves and authorize; r ie pro ect as described above and the City of` Boynton Beach staff is authorized to make application to the Florida Inland Navigation District in the arnount of 50% of the actual cost of the project on behalf of the City of Boynton Beach, 5,1,ejfon 3. 'The City of Boynton Beach certifies to the followir-I& SAC A\RES0\(.)yer Boat Club Park (FIND GranIXV2) - Reser Docx Page 510 of, 135 2� 2(, 3( 3 f 3 3 3 3! 3 M 4 r, M a. 'That it will accept the terms and conditions set forth in FIND Rule 66B-2 F.Ak. and which will be a part ofthe Project Agreement for any assistance awarded under the attached proposal, b. That it is in complete accord with the attached proposal and that it will carry out the Program in the manner described in the proposal and any plans and specifications attached thereto unless prior approval for any change has been received from the District. c That it has the ability and intention to firiance its share of the cost of the project and that the project will be operated and maintained at the expense of the City of Boynton Beach for public use, d. That it will not discriminate against any person on the basis of race, color, or national origin in the use ol'any property or facility acquired or developed pursuant to this proposal, and shall comply with the teens and intent of the Titic V1 ofthe Civil [tights Act of' 1964. PJ-- 88-352 (1964)tend design and construct all facilities to comply fully with statutes relating to accessibility by persons with disabilities as well as other federal, state and local laws, rules and requirements, e. That it will maintain adequate financial records on the proposed project to substantiate claims for reirriburseirient. f. That it will make available to FIND if requested, a post -audit of expenses incurred on the project prior to, or in conjunction with, request for the final 10% ofthe funding agreed to by FIND. w4))or Boil, Chk Viol, bF IN D CirwQV2)V - IGfcso Docx Page 511 of I Section 4. This Resolution shall become effective upon receipt of the City Attorney's office drafted Certificate of Title. PASSED AND ADOPTED this /811 day of March, 2020. CITY OF BOYNTON BEACH, FLORIDA Mayor — Steven B. Grant Vice Mayor—Justin Katz Commissioner —Mack McCray Commissioner — Christina L. Romelus Commissioner — Ty Penserga ffsm ATTEST: 72N 7� 3, 711 Cstal Gibson, MMC 7 City Clerk (Corporate Seal) 5;1CA\RFW0yCr Boat Club Park (FIND GrantXV2) - ResoDoex YES NO Page 512 of '35 URO ml, lug R'sOmm owlivipive Rol L,4 iur.-I 1W. -um Imum .111,19imi Page 513 of 735 TTACHMENTE APPLICANT SHEET ATTACHMENT TIPS (MistakesCommon », the application », avoid them) Scheduling - The new application is availableby January each year, and District funding available AFTER October 1st of each year. Applicants should plan their schedule to avoid commonly missed deadlines: Application due - 27th of March; Property control/Technical sufficiency items - 22nd of May, Permits - 15th of September. (Staff suggestion: Begin to secure property control and permits PRIOR to applying for funding.) Property Control ?«:2«7»«» - Please have attorney complete ,« sign the form in 2a application verifying applicant property control. In the case of leases or management agreements, please forward a copy to the District well in advance of the deadline to verify consistency with our program rules. (Staff suggestion: Resolve this requirement outside the application "window".) Project Costs Eligibility . Please note the eligiproject costs in Rule Section 6232. includingF.A.C. If you are not sure about an item's eligibility, ask! Note: Any ineligible cosl in-house project management and administration,is also not eligible for d applicant's match. Make sure you have delineated your required minimum cost -share on thM project cost estimate.(Staff�suggestion::If you have questions:bou d«G?w w«, work up a mock cost -sheet and send it to our office well before the deadline.) 0 Cost -Share - Although the applicant must provide a minimum of 50% of the total project cos (25% for eligible public navigation dredging), there is no specific requirement to split each ite (Staff suggestion: 'You may want to organize project element in a certain manner for easi accounting.) I Submitted Materials & June Presentation -The Board must review and evaluate every application and each year we receive about 90 applications for consideration. The final product for the Commissioner's review is two 8-1/21' x 11" spiral -bound notebooks containing the essential information for the application.:»»: b,?vv material is the same material you will be presenting to the Board at our June meeting, This will avoid confusion and strengthen your presentation, (Staff suggestion: Limit the submitted materials to the requested information, in the required format and make sure it is consistent with your June presentation. Do not submit additional material at the June presentation!) ELECTRONIC SUBMISSIONS Grant applications are being accepted by email ohardcopy. Grant applications may be submitted via email as a pdf attachment (permits attached separately). Make sure to label our pdf attachment with the applicant and project title. You will receive a confirmation lletting you ::> your application as been received. E ATTACHMENT E-1. APPLICATION CHECKLIST 2020 (To be completed by the Applicant) ProjectTitle: 14r Boat Club Park Improvements -Phase 11 Applicant: . ...... 10ty of Boynton Beach ....... ............ .... . ...... . . . . . ...................... . . . .. . ... . . .... This checklist an(] the other items listed below in items I through 13 constitute your application. 1'he required inrorniation shall be submitted inthe order listed. An electronic copy may be emailed to UimmermanC aiew.org. Application must be received by the deadline, no exceptions. All information will he printed on 8 I/z"x11" paper to he included in agenda books bound by staff. W MIM I Application Checklist — E-1 (Form No. 90-26, 2 pages) x (Form must he signed and dated) 3. Applicant lnfioftcrject Summary — E-2 (Form No. 90-22, 1 x page)(Form must be completed and signed) 4. Project Inforniation -- E-3 (Form No. 90-22a, I page) x Page 515 of 735 x 5. Application and Evaluation Worksheet .. E-+, � (Form No.91-25) (One proper sub -attachment included, 7 pages) Must anSWCr questions 1 -10. No signatures required x 6, Project Cost Estimate — E-5 (Form, No. 90-25, 1 page) (Must be on District form) x 7. PioJect'l"imelme - is -6 (Form No. 96-10, 1 page) x & Official Resolution For — F-7 (loan No. 90-21.2 pages) (Resolution must be in District format and include items 1-6) Page 515 of 735 ATTACHMENT E-1 (Continued) APPLICATION CHECKLIST (To be completed by the Applicant) YES NO 9. Attorney's Certification (Land Ownership) - E-8 X (Must be on or follow format of Form No. 94-26, (Legal descriptions NOT accepted in lieu of form) 10. County/City Location Map X It. Project Boundary Map X 12. Clear & Detailed Site Development Plan Map X 13. Copies of all Required Permits: ACOS, DEP, WMD (Required of development projects only) The undersigned, as applicant, acknowledges that Items I through 12 above constitutes a complete application and that this information is due in the District office no later than 4:30 PM, March 27, 2020. By May 22, 2020 my application must be deemed complete (except for permits) or it will be removed from any further consideration by the District. I also acknowledge that the information in Item 13 is due to the District no later than September 15, 2020. If the information in Item 13 is not submitted to the District office by September 15, 2020, 1 am aware that my application will be removed from any further funding consideration by the District. • ** SIGNATURE - PROJECT LIAISON ** I Date Received: I Local FIND Commissioner Review: All Required Supporting Documents: Applicant Eligibility: . .............. Project Eligibility:.. —__ ... ......... . ....... Compliance with Rule 6613-2 F.A.C.: 1I Eligibility of Project Cost: TITLE: — -------- — - - ----------------- - -- - -- - - - — FIND OFFICE USE ONLY DATE ...... vailable Score: Form No. 90-26 - New 9/2/92, Revised 07-30-02. Page 516 of 735 ATTACHMENT E-2 WATERWAYS ASSlS`FAN(,,'EPROG'RA'M FY 2020 PROJECT APPLICAXION APPLICANTINF ORMATION -- PROJECT SUMMARY ***** I hereby cern at the information provided Inthis application is true and accurate, **** SIGNATURE: DATE - PROJECT NARRATIVE (Please sununarize the ptojecL 'n space provided LE1;'-Iw in 2 paragraphs or - less 'I The purpose of the proposed project is to improve the boat ramps at Harvey E. Oyer Park which currently contains an existing sheet pile seawall, unconsolidated mangrove shoreline, concrete floating docks, fixed docks with grated decking and four (4) boat ramps. The proposed project includes the reconfiguration and regrading of the existing boat ramps to improve the ability of boaters Ito utilize the ramps. Forin No, 90-22, Rule 6613-2, (New 12/17/90,. Rev, 07-30-02,, 04-24-06) Page 517 of 735 ATTACHMENT E-3 - PROJECT INFORMATION 2020 . .............. . . .. .. ..... ...... .... Project Tide: Oyer Boat Club Park Improvements - Phase 11 .. ...................... -------- . ...... .. ... . ................. Total r0i ng 60( ""1" % of Total Cost: 50 --i ......... . �00 0 FIND Fund in stnd 1,200,000 ",--ect Cost: —TiR�'eZuested: Amount and Source of Applicant's $600,000; Matching Funds will be payed for by the applicant, Matching Funds: � the City of Boynton Beach. 1. Ownership of Project Site (check one): Own: P Leased: 0 Other: 2. If lea" or other, please describe lease or terms and conditions: 3. Has the District previously provided assistance funding tothis project or site? 'Yes: Cl No: 4. If yes, please list: f boat ram2g,. �-bwat sili-s and trailer parking spaces, finear feet of boardwalk (etc.)? (as applicable): There are four (4) existing boat ramps, six (6) existing boat slips, 120 trailer parking spaces, approximately 730 In. ft. of boardwalk, four (4) T -docks, and floating docks with grated decking. 6. How any additional ramps, slips, parkingspaces or other access features will be added by this project? None. The four (4) existing boat ramps will be improved, 7. Are fees charged for the use of this project? No D Yes W* **If yes, fees and how they compare with fees from similar public & private facilities in the area. Please list all 'Environmental Resource emits renin for this " . ............ .............. . AGENCY Yes I No / N/A Date Applied For Date Received . . . ................................ . . . . WMD No - - ----------- - -- - -- - -- DEP Yes .......... ACOE e s .... ..... .... ..... . . . . .......... - Form No. 90-22a (New 10-14-92, Rev. 04-24-06, 4-15-07) Page 518 of 735 AWACHMENT E-4 71,11117-32 30 _&V DIRI-I'MIONS, All applicants will complete questions I through 6, and then I.. ed on the typc of project, complete one and only one subsection (E -4A, B, C, D or E) for questions "Please keel) your answers brief and do not change the pagination of Attachment E-4** T -MOT, WMITrI [;,M- M M I 1 -.1 - . I 'TOW -MONK included in the submitted application. 1) PRIORITY LIST: a) Denote the priority list category of this project from Attachment C in the application. application rnay only be of one type based upon the pmdgto—inan—t cost of tile project eletnents.) #7 Acquisition, dredging, shoreline stabilization, and development of pubiic boat ramps arl 1)) Explain how the project is this priority category. The boat ramps were last renovated in 2002. Currently, the boat ramp is too steep and boat trailers scrape the ramp when launching boats, damaging the boat ramps and personal property. This is a safety risk for the public. (For reviewo— ony) May. AvailableScorefin, al)pficalion Question L Raitge of Score 0 to----yoinls) Page 519 of 735 The boat ramps provide direct access to the lCW and the improvements of the existing boat ramps will allow for the safe ingress and egress of vessels. b) What public access or navigational benefit to the ICW or adjoining waterway will result from this project? The existing public access to the boat ramps, floating docks, trailer parking, pavilions, and facilities will be maintained. Safer and easier access to the ICW will result from this proposed project. (For rc4,iewer ants) (1-6paints) 3) PUBLIC USAGE & BENEFITS: a) How is the public usage of this project clearly identified and quantified? Estimate t5e amount of total public use. Harvey E, Oyer Jr. Park is a public park within Boynton Beach, Public usage is identified and quantified through the trailer parking/boat launching fee on the weekends and city designated holidays or the purchase of a decal. b) Discuss the regional and local public benefits that will be provideA by the project. Can residents from other counties of the District reasonably access and use the project? Explain. The project will provide safe access to the Intracoastal Waterway through improved boat ramps. The park is open to the public, including residents from other counties. c) Are there any restrictions placed on commercial access or use of this site? No restrictions are placed on commercial access of use of the boat ramps. (For reviewer only) (1-8paints) Page 520 of 735 .. . .. . .... . ... 4) TIMELINESS a) Describe current status of the project and present a reasonable and effective timelinc for tile completion of the project consistent with Attachracut F-6. The project is in the permitting design and permitting phase. Construction will begin after all— permits are obtained, which is anticipated to be around April 2021, Construction will occur for no more than 3 months. b) Briefly explain any unique aspects of this projectthat could influence, the project timeline. No impediments are anticipated that would negatively impact the project timeline. (For reviewer only) (1 -3 points) 5) COSTS & EFFICIENCY: a) List funding sources and the status and amount of tile corresponding funding that ivill be utilized to complete this pro�iect. The City of Boynton Beach will allocate a part of the budget to complete this project. b) Identify and describe any project costs that may be increased because of the materials utilized or specific site conditions. c) Describe any methods to be utilized to increase the cost efficieney of this project. The mangrove shoreline is being preserved to prevent increased costs due to mitigation, The proposed boat ramp is remaining within the same footprint with improvements being made to the slope of the ramp and the location of the floating docks to better utilize the existing space. d) If there are any fees associated with the use of this facility, please detail. In addition, please provide a listing of tile fees charged by sialilar facilities, public anti prilvate. in the project areu. A trailer parking/boat launching fee is required on weekends and city designated holidays of' $10 per day, or for a year's worth of access to the park, a decal can be purchased for $50. (For reviewer on[V) (1-6points) Page 521 of 735 6) PROJECT VIABILITY: a) What specific need in the community does this project fill? Is this project referenced or incorporated in an existing maritime management, public assess or comp plan? The proposed project fills the need for an improved boat ramp within the City of Boynton Beach. b) Clearly demonstrate how the project will continue to be maintained and funded after District funding is completed. The boat ramps will be maintained and funded by the City of Boynton Beach c) Will the program result in significant and lasting benefits? Explain. The proposed project will significantly improve the launching facilities, providing safer egress and ingress to the lCW for at least the next 20 years. d) Please describe any environmental benefits associated with this project. The proposed project will improve the launching facilities which manatees have been known to frequent the area. Thus, providing safer egress and ingress of vessels that can be more aware of endangered species in the area through the educational signage posted at the site. (For reviewer only) (1-7 points) FIND FORM NO. 91-25 Rule 6613-2.005 (Effective Date: 3-21 -01, Revised 4-24-06,1-27-14) Page 522 of 735 ATTACIIMENTE-4A DEVELOPM NT & CONSTRUCTION PROJECTS ,n.1is)v'rTAQHMENT1S TO BF . COMPLE"I'M IF YOtJR PROJECT IS A . ... . . ...... ........ . . . . . . DEVE LOPMENT OR CONsTRUCTO N PROJECT BQ'F IS NOT AN INLET MANAGEMENTORBE'ACH RE'NOURISHMENTPROJECT. 7) PERMIWING: a) �Have all required environmental permits been applied for? (USACE, DEP and WMD) If pvrmits are NOTrequired, explain why not. No, the structural plans and details are a work in progress. Once finalized, environmental permits will then be applied for. b) If the project is a Phase I project, list the tasks scheduled to obtain the necessary permits and engineering work an I provide a general cost estimate for the future Phase 11 work. c) Detail any significant impediment,.; that may have been identified that would potentially delay the timely issuance of the required permits. (For revieiver only) (14point ) Page 523 of 735 8) PROJECT DESIGN: a) Has the design work been completed? If this is a Phase I project, has a preliminary design been developed? The design work has not been completed and a preliminary design is being prepared. b) Are there unique beneficial aspects to the proposed design that enhance public usage or access, minimize environmental impacts, improve water quality or reduce costs? The improved boat ramps will allow for the safe egress and ingress of vessels into the Intracoastal Waterway. (For reviewer only) 0-2 points) 9) CONSTRUCTION TECHNIQUES: a) Briefly explain the construction techniques to be utilized for this project. If a Phase 1, elaborate on potential techniques. The existing floating docks will be removed, the proposed boat ramp will be poured and finished, concrete floating dock piles will be installed via impact hammer, and floating docks and gangways will be installed. b) How are the utilized construction techniques appropriate for the project site? The techniques are appropriate for the project site as they will occur from a typical construction barge and for approximately 3 months. c) Identify any unusual construction techniques that may increase or decrease the costs of the project. The costs of the project may increase if the existing seawall fails. (For reviewer only) (1-3 points) Page 524 of 735 10) CONSTRUCTION MATERIALS: a) List the materials to bt utilized for this project. What is the design life otthe proposed materials compared to other available materials? The materials to be utilized are concrete pour, pre -stressed concrete floating docks, concrete pilings, and gangways. b) Identify any unique construction materials that waysignificautly alter the project eosts. It is not anticipated that the selected materials will alter the costs significantly. (F Or rel'iewer only) (J-3 froom v) RI K 111 VA1 (Note: 'nietotal maximum score possible is dependent upon the project priority category but cannot exceed 50 points unless the project qualifies as an emergency -related prqiect. The minit-num score possible is 10 points. A score of 35 points or more is required to be considered for funding.) Forni No. 91-25A Rule 6613-2.005 (Effective Date: 3-2 1 -01, revised 4-24-06,1-27-14) Page 525 of 735 ATTACHMENT E-5 FLORIDA INLAND NAVIGATION DISTRICT ASSISTANCE PROGRAM 2020 PROJECT COST ESTIMATE ?See RuleSection 668-2.005 � 2.008 for eli ibilit anal fundin � ratios', Project Title: yer Boat Club Park Improvements .......... ... . Applicant: City of Boynton Beach Project Elements . . Quantity or Total Applicant's Cost I FIND Cost (Please list the MAJOR project elements and Estimated Cost (To the nearest $50) (To the nearest $50) provide general costs for each one. For (Number and/or Footage Phase I Projects, please list the major etc.) elements and products expected) Construction 1,200,000 600,000 600,000 ..... . ........ �....._. ....,2dt,0aC? --- - ---- — ---- �'. 800,000 Form No. 90-25 (New 10/14/92, Revised 04-24-06) Page 526 of 735 I WATERWAYS ASSISTANCE PROGRAM 2020 PROJECT TIMELINE The applicant is to present a detailed timeline on the accomplishment of the components of the proposed prcwject including, as applicable, completion dates for: perinitling, design, bidding, applicant approvals, initiation of construction and completion of construction. NOTE- All funded activities must begin AFTER October I't (or be consistent with Rule 66B-2,005(3) - Pre-agyrcenieLte cases) Design - 1011/2019 Permitting - 3/1/2020 W, ti FAVYA FIND Form 96-10 (enactive date 04-15-07) Page 527 of 735 RESOIXTION FOR ASSISTANCE 2020 NDTHE ll,.. .I INLAND NAVIGATION DISTRICT WATERWAYSASSISTANG E PROGRAM "%�r neAw2f%k MRIMM and the State of Florida: Prqject'l'itle, Oyer B . ... ...... Bo nton Beach enjoyment of the citizenry of 112 'rotal Fstimated Cost S , — M, uz=� Brief Description of Project: The"enhancernent of four (4) existing boat ramps and assoc'iVled floating docks and gangways. AND, Florida Inland Navigation District mentioned above, NOW THEREFORE, be it resod vedkey the that theprc� , Ject described above be authorized., AND, be it further resolved that said C ial assistance is required for the program (Name qfAgency) Is,11 *'i , I I lt,,,�,oynton Beach � . .... . . . . . . ............... . ........... maKe aprmpliemmion i- dvi UMMMITIAM III k, yn actual cost of the project in behalf of AND, be it further resolved by the twit Y Of that it, certifies to the following: qJ`Agency) 50 IOWA of„ !f ....................... —,% of the fQn Beach (Name qJ'Agency) nton Beach (Name ofAgenvy) 1. That it will accept the terms arid, conditions set forth in FIND F.A.C. and which will be a part of the Project Agreement for any assistance awarded the attached proposal. 2, 'I'liall it is in complete accord with the artached proposal, and that it will carry ou"Ill", the Program in the manner described in the proposal and any plans and slveificationsattached thereto unless prior approval for an), change haws been received from the District. (1) Form No. 90-21 (Effective date 12-17-90, Rev. 10-14-92) Page 528 of 735 3. That it has the ability and intention to finance its share of the cost (if the project 4,Fct will be operated arid maintained at the expense of said E�qynton E3each _frpublic use. ql'Agencv) 4. That it'�Jll not discriminate against any person on the basis of race, color or national origin in the use it anyproperty or facility acquired or developed pursuant to this proposal, and shall comply \N ,,h the terms and iMent of ilieTitle VI of the Civil Rights Act of N"�� 1964,1'. L 88-352 (l x964) arid dc' I's4n and construct all 1,� cilitics to comply fully with statutes relating to accessibility by persons ikitli disabilities as well as other federal. state and local laws, rules and requirements. 5. That it will maintain adcOlIle financial rccords on the proposed project to 6, 'rhat it will make available to Fl,,D ifrequested. a post -audit of expenses fu adi ng agreed to by `11 I 'chis is to certitjy that The foregoing, is a blie arid c�r,-cct copy of a resolution duly and legally adopted by the at a legal meeting C held on this day of A, bqa ............ Attest b ignature ............ . . . . . . ................ .. . 'ritie r , (2) Form No, 90-21 (Effective date 12-17-90, Rev. 10-14-92) Page 529 of 735 ATTACHMENTE-8 OFFICE OF THE Q&or CoMOV) ATTORNEY (Address) 2020 TO WFIOM IT MAY CONCERN: am the Attorney for the SOLQr Co MW), Florida, I here state that I have examined a copy of a (deed, lease, management agreement, ctel Tease, etc.,) in the following described property: mom I have also examined a document showing that this property is listed on the t rolls as belonging to the �Ci& or County aled sul 1. Finly, I have also examined documents and records as necessary for this certification. This property is what is now called !Y&amme ol, Proper!y, as Rejkrenced in theWAP aiojL aW _n I certify that the, �qr C�oun � does in factJown, lease, etc.) this property for . . ............ Very truly yours, (Name) (City or County) Attorney FIND Form No. 94-26 (effective date 5-25-00) Page 530 of 735 STH NTYMM OYER BOAT CLUB PARK IMPROVEMENTS COUWNTY LOCAMN F.-) e2P1 C�aGi�a7 PREPARED FOR, 7 �4x-x*m rveyj 04' nwa "M n,l Phonw I FSAo CITY OF BOYNTON BEACH IrA"'111,11 WWaArjj�e�Ckn8ppOflgMUP CD 19 7 —�cm'wq.k 47AM-777-77-7—L mZ Arm , 0 IK IN NE 0 wo"U GRD'ds' "A, Page 531 of 735 u 7 . �..z is y a+ YEIR I KT CLU IIA A �'�V°I���VENIENT �,r.�a�u�� i � °�r��r�����������a� b m" CC N 1 apeRe, b^w dihe S,.IWK;V Q maw aw.u+a.Pdsr�.aaan ! Vd,9, 'k "UE9:k da"� iFYiJU G' 9I¢IfbCITY OF BOYNTON BEACH aa;d u7ar... C+aa�'�w'^rums. a,m!'av�am,amrt.. rmcr rmrayawddd,'dv �+:mw.rv0.�¢.rr�ry rtF ¢diJd aa. aad�utt„m�araitr d�btn WPWa�m:sv ir'a d :wad+au:mmZD,cs a:.uv.L.v<a�a�aa'iia edr.'°r',iauadtmt7 wawa nnv rim:' CYV6'Aa."a4�THAWMAT FOR V0004 uT and WWA� 0.A W0r MV 7ks ?,q a c'miAtu4rr'F.AY-0d„a,5&kC'EGW'Tcw WWI_da'trP]ip VMBP:. df;<SWiq'r.r`u WcNW�L4'Lc. iC'PrCw,�". 4�u, >,�fC),a Page 532 of 735 The gjjX.2LAgjnj2R.A0!;b City Clerk's Office 3301 Quantum Blvd, Ste 101 Boynton Beach FL 33426 (S61) 742-6060 FAX. (561) 742-6090 E-mail: cityclerk(a ,)bbfl.us www.boynton-beach.org 1. CRYSTAL GIBSON, CITY CLERK of the City of Boynton Beach, Florida, do hereby certify that the attached Resolution No. R20-023 is a true and correct copy as it appears in the records of the City of Boynton Beach, Florida. WITNESS,. my hand and the corporate seal of the CITY OF BOYNTON BEAC FLORIDA, dated this 20th day of March 2020. S:\cc\wp\Certifications\Resolutions12020\R20-023,4oCx 1 CYSTAL GIBSON, MMC America's Gateway to the GuIIO-eam Page 533 of 735 7.D. Requested Action by Commission: Approve an increase to the estimated annual expenditure with Clean Space from $250,000 to $325,000 for the period of the City Bid 010-2511-19/ITwhich expires on February 28, 2023. Explanation of Request: On January 14, 2019, Commission approved City Bid 010-2511-19/ITwith Clean Space for custodial services at various City locations with an annual expenditure of $250,000. Due to additional custodial services required for sanitizing City buildings, porter services for events, special cleanings after events, additional cleanings due to vandalism the annual expenditure has exceeded. Request to increase the estimated annual expenditure with Clean Space from $250,000 to $325,000 to cover expenses for the remainder of the year and pending invoices needing to be paid. How will this affect city programs or services? The increase will allow regular custodial services to keep and maintain the City buildings and offices environment clean, healthy, and stocked for patrons and staff to improve indoor air quality and maintain a pleasing aesthetic. Custodial services helps keep the workforce healthier and can reduce the spread of viruses/disease. Cleaning eliminates germs along with dirt and dust, resulting in better indoor air quality. Fiscal Impact: Budgeted funding is in Facilities account # 001-2511-519-34-10. Alternatives: N/A Strategic Plan: Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 534 of 735 Contracts Vendor Name: Clean Space, Inc Start Date: 3/1/2022 End Date: 2/28/2023 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Option to renew for three (3) additional one (1) year terms Attachments: Type D Bid D I etteir Description JAIli Il TORI I "3BFU1 CES F:::GR G1 TY �B LJ I I U1 INGS AND FAU I ]"FIES 1=RE&10 II II Ili All Clean Space Awaird I elteir IE: xp 02 28 23 Page 535 of 735 JANIICERIAI�"��,ERUICES FOR C1T�f A�IUNI�IPAL .ILL71N"6�° D/"��FACILITIES (REmd1 BID N: qIP4511-19/IT . BID, IN I TIME "Z 30 `P M L©CAL Tl,M'E) {002292572 306-9001821; Page 536 of 735 The City of Boynton Beach Purchasing Services P. O. Box 310 Boynton Beach, Florida 33425-0310 Telephone: (561) 742-6323 FAX: (561) 742-6316 INVITATION TO BID FOR JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID No.: 010-2511-19/IT Sealed bids will be received in PURCHASING SERVICES, City of Boynton Beach, 3301 Quantum Boulevard, Suite 101, Boynton Beach, Florida 33426 on or by: January 8, 2019; No Later Than 2:30 P.M. (Local Time). Bids will be opened in: PROCUREMENT SERVICES -CITY HALL unless otherwise designated. Bids received after the assigned date and time will not be considered. The Procurement Services time stamp shall be conclusive as to the timeliness of filing. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers with regard to mail being delivered by a specified time so that a bid can be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Sealed bids or proposals received by the City in response to an invitation to bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the proposal/bid, whichever is sooner. If the City rejects all bids or proposals submitted in response to an invitation to bid or request for proposals and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected bids or proposals remain exempt from public records disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A bid, proposal, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all bids, proposals, or replies. Requests for bid or proposal documents should be submitted to the City Clerk's Office. Documents may be inspected without charge, but a charge will be incurred to obtain copies. LOBBYING / CONE OF SILENCE Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be in effect as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract, rejects all bids or responses, or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of BID NO. 010-2511-19/IT — JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 1 FACILITIES (REBID) Page 537 of 735 Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. Any questions relative to any item(s) or portion of this bid should be directed to Ilyse Triestman, Purchasing Manager; Telephone: (561) 742-6322, E-mail: LIrii � lrn ;irnj. lbbll..us BASIC SCOPE OF SERVICES: The City of Boynton Beach is seeking bids from qualified contractors to provide comprehensive janitorial services for the City's municipal buildings and facilities as further defined in the specifications and requirements. A MANDATORY PRE-BID MEETING and SITE -VISIT will be held on December 14, 2018, 9:00 A.M., at Boynton Beach City Hall, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. After the pre-bid meeting, attendees will be required to attend mandatory site —visits of the following locations: City Hall; Police Department — 2045 High Ridge Road; Utility Billing & Police Department Customer Service — 209 N. Seacrest Blvd. These locations require attendees to be escorted by an authorized City representative. Inspection of the other locations is optional. The bidder is cautioned that, although the site visits of the other locations listed within this bid are optional, no modification or any changes will be allowed in the pricing because of the failure of the bidder(s) to have visited the sites. Attendance at both the pre-bid conference and site inspections of City Hall, the Police Department and Utility Billing is mandatory and proof of attendance will be evidenced by the Bidder's signature or signature of Bidder's designee on the attendance sheet provided. Firm proposals will be rejected if the respondent has not attended the conference and the site inspections. In an attempt to minimize disruption to and interference with regular City operations, attendance is limited to no more than two (2) representatives from any one firm. Contact: City of Boynton Beach Purchasing Services 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426 Ilyse Triestman, Purchasing Manager 561 742-6322 or tirie.sti.manii blbfll.,us ............................................................................................. Office Hours: MONDAY — FRIDAY, 8:00 A.M. TO 5:00 P.M. CITY OF BOYNTON BEACH TIM W. HOWARD ASSISTANT CITY MANAGER — ADMINISTRATION BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 2 FACILITIES (REBID) Page 538 of 735 INVITATION TO BID FOR JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID No.: 010-2511-19/IT Section 1— SUBMITTAL INFORMATION A. The City of Boynton Beach will receive bid responses until January 8, 2019 at 2:30 P.M. LOCAL TIME) in Purchasing Services located at 3301 Quantum Blvd., Suite 101, Boynton Beach, FL. 33426. B. Any responses received after the above stated time and date will not be considered. It shall be the sole responsibility of the proposer to have their bid response delivered to Purchasing Services for receipt on or before the above stated time and date. It is recommended that responses be sent by an overnight air courier service or some other method that creates proof of submittal. Bid responses that arrive after the above stated deadline as a result of delay by the mail service shall not be considered, shall not be opened at the public opening, and arrangements shall be made for their return at the proposer's request and expense. The City reserves the right to consider submittals that have been determined by the City to be received late due solely to mishandling by the City after receipt of the bid and prior to the award being made. C. If any addendum(s) are issued to this Bid, the City will attempt to notify all prospective bidders who have secured same, however, it shall be the responsibility of each bidder, prior to submitting the bid response, to contact the City Procurement Services at (561) 742-6322 to determine if any addendum(s) were issued and to make any addendum acknowledgements as part of their bid response. D. One (1) original. so designated. two (2) cQaies along with one (1) electronic copy on a USB thumb drive, for a total of four (4) submissions of the response shall be submitted in one sealed package clearly marked on the outside, of the bid response shall be submitted in one sealed package clearly marked on the outside' "INVITATION TO BID FOR JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID)" to: City of Boynton Beach, Purchasing Services, 3301 Quantum Blvd., Suite 101, Boynton Beach, FL 33426. E. Responses shall clearly indicate the legal name, address and telephone number of the bidder (firm, corporation, partnership or individual). Responses shall be signed above the typed or printed name and title of the signer. The signer shall have the authority to contractually bind the proposer to the submitted bid. Bidder must note their Federal I.D. number on their bid submittal. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 3 FACILITIES (REBID) Page 539 of 735 GENERAL CONDITIONS FOR BIDDERS FAMILIARITY WITH LAWS: The bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the bidder will in no way relieve bidder of responsibility to adhere to such regulations. BID FORMS: The bidder will submit a bid on the bid forms provided. All bid prices, amounts and descriptive information must be legibly entered. The bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The bidder IS required to be licensed to do business as an individual, partnership or corporation in the State of Florida. Place all required bid forms in a sealed envelope that has the company's name and address, proposal title, number, proposal date and time on the outside of the sealed envelope. Proposals not submitted on appropriate proposal forms may be rejected. All proposals are subject to the conditions specified herein. Proposals which do not comply with these conditions are subject to rejection. EXECUTION OF BID: Proposal must contain an original signature of an authorized representative in the space provided on all affidavits and proposal sheets. NO BID: If not submitting a proposal, respond by returning one copy of the "STATEMENT OF NO BID" and explain the reason by indicating one of the reasons listed or in the space provided. Repeated failure to quote without sufficient justification shall be cause for removal of the vendor's name from the mailing list. NOTE: To qualify as a respondent, bidder must submit a "NO BID" and it must be received no later than the stated bid receiving date and hour. BID DEADLINE: It is the bidder's responsibility to assure that the bid is delivered at the proper time and place prior to the bid deadline. The City of Boynton Beach is not responsible for the U.S. Mail or private couriers in regards to mail being delivered by a specified time so that a proposal can be considered. Bids which for any reason are delivered by the deadline will not be considered. If no award has been made, the City reserves the right to consider bids that have been determined by the City to be received late due to mishandling by the City after receipt of the bid. Offers by telegram or telephone are not acceptable. MINOR IRREGULARITIES/RIGHT TO REJECT: Bidders are expected to examine the specifications, delivery schedules, bid prices and extensions and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk. The City of Boynton Beach reserves the right to waive irregularities or informalities in Bids or to reject all Bids or any part of any Bid deemed necessary for the best interest of the City. The City may reject any response not submitted in the manner specified by the solicitation documents. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 4 FACILITIES (REBID) Page 540 of 735 RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible bidder meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity or informality in any bid or bidding procedure; C. Reject or cancel any or all bids; D. Reissue an Invitation to Bid; E. Extend the bid deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Invitation to Bid; H. Consider and accept an alternate bid as provided herein when most advantageous to the City. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective bidder has: A. Available the appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. INFORMATION AND DESCRIPTIVE LITERATURE: Bidders must furnish all information requested in the spaces provided on the bid form. Further, as may be specified elsewhere, each bidder must submit for bid evaluation cuts, sketches, and descriptive literature and technical specifications covering the products offered. Reference to literature submitted with a previous bid or on file with the buyer will not satisfy this provision. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to this office in writing no later than ten (10) days prior to the bid deadline. Inquiries must reference the date by which the bid is to be received. CONFLICT OF INTEREST: The award hereunder is subject to all conflict of interest provisions of the City of Boynton Beach, Palm Beach County, of the State of Florida. ADDITIONAL QUANTITIES: The City reserves the right to acquire additional quantities of the bid products or services at the prices bid in this invitation. If additional quantities are not acceptable, the bid sheets must be noted "BID IS FOR SPECIFIED QUANTITY ONLY". BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 5 FACILITIES (REBID) Page 541 of 735 SAMPLES: Samples of items, when called for, must be furnished free of expense, and if not used, tested or destroyed, upon request, will be returned at the bidder's expense. Request for the return of samples may be made within ten (10) days following the bid deadline. Each individual sample must be labeled with the bidder's name, manufacturer's brand name and number, and item reference. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. SUBCONTRACTING: If a bidder subcontracts any portion of a Contract for any reason, the bidder must state the name and address of the subcontractor and the name of the person to be contacted on the attached "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all bids wherein a subcontractor is named and to make the award to the bidder, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a bid of any bidder if the bid names a subcontractor who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves all rights in order to make a determination as to the foregoing. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to bidders at Procurement Services, it is each bidder's responsibility to check with Procurement Services and immediately secure all addenda before submitting bids. It is the usual practice for the City to mail an addendum to known bidders, but it cannot be guaranteed that all bidders will receive ALL addenda in this manner. Each bidder shall acknowledge receipt of ALL addenda by notation on the bid and shall adhere to all requirements specified in each addendum prior to submission of the bid. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected, unless addressed in the Special Conditions Section of the bid documents. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's submittal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of bidder's standard forms, or the inclusion of manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. ALTERNATES: Where a base bid is provided for, the bidder shall submit a bid on the base bid and may exercise their own prerogative in submitting a bid on alternate items. The Owner reserves the right to accept or reject the alternates or base bid or any combination thereof. The Owner, or a representative, further reserves the unqualified right to determine whether any particular item or items of material, equipment, or the like, is an approved equal, and reserves the unqualified right to a final decision regarding the approval or rejection of the same. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 6 FACILITIES (REBID) Page 542 of 735 NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. DISPUTES: In case of any doubt or difference of opinion as to the items to be furnished hereunder, the decision of the City Manager shall be final and binding on both parties. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. GOVERNMENTAL RESTRICTIONS: In the event any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship or performance of the items offered on this submittal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the bidder will in no way be a cause for relief from responsibility. PUBLIC ENTITY CRIMES: As provided in Fla. Stat. § 287.133(2)(a), a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor or consultant under a contract with any public entity, and my not transact business with any public entity in excess of the threshold amount provided S.S. 287.017 for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. ADVERTISING: In submitting a bid, the bidder agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". ASSIGNMENT: Any Purchase Order issued pursuant to this bid invitation and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants an employees from BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 7 FACILITIES (REBID) Page 543 of 735 and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees and damages which may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. OPTIONAL CONTRACT USAGE BY OTHER GOVERNMANTAL AGENCIES: If a bidder is awarded a contract as a result of the solicitation, if bidder has sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the solicitation and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. AWARD OF CONTRACT: The low monetary bid will NOT in all cases be awarded the Contract or Purchase Order. Contracts or Purchase Orders will be awarded by the City to the most responsive, responsible bidder whose bid represents the most advantageous bid to the City, price and other factors considered. Evaluation of bids will be made based upon the evaluation factors and standards set forth herein. The City reserves the right to reject any and all bids and to waive technical errors as set forth herein. In the event of a Court challenge to an award by any bidder, damages, if any, resulting from an award shall be limited to actual bid preparation costs incurred by the challenging bidder. In no case will the award be made until all necessary investigations have been made into the responsibility of the bidder and the City is satisfied that the most responsive, responsible bidder is qualified to do the work and has the necessary organization, capital and equipment to carry out the required work within the time specified. AS SPECIFIED: A Purchase Order will be issued to the successful bidder with the understanding that all items/services delivered must meet the specifications herein. Items/services delivered not as specified, will be returned at no expense or penalty to the City of Boynton Beach. DELIVERY: Prices shall be quoted F.O.B. Boynton Beach, Florida. F.O.B. destination indicates that the seller is responsible for the shipment until it reaches its destination. Any and all freight charges are to be included in the bid total. The bidder's invoice payment terms must be shown. WARRANTY REQUIREMENTS: Each item, including all components and all installed accessories and equipment, shall be guaranteed by the bidder to be free of defective parts and workmanship. This warranty shall be for a period of 365 days or the time designated in the standard factory warranty, whichever is longer. The warranty will be the same as that offered to the commercial trade and shall be honored by any of the manufacturer's authorized dealers. Warranty will cover parts, labor and any necessary shipping. Warranty repairs may be accomplished on City property, if space is available; this will be at the sole discretion of the City. Contact Procurement Services for permission to perform warranty service on City property. Warranty to start at the time of acceptance by the City; however, in cases where vehicles or equipment are not immediately placed in service, the bidder will provide a delay of warranty start-up time. The period of warranty delay will be coordinated by Procurement Services. PRICES, TERMS AND PAYMENT: Firm prices shall be quoted, typed or printed in ink, and include all packing, handling, shipping charges and delivery to the destination shown herein. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 8 FACILITIES (REBID) Page 544 of 735 Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at place of acceptance or from receipt of correct invoice at the office specified, whichever is later. Upon delivery, the City shall make final inspection. If this inspection shows that the equipment/service has been delivered/performed in a satisfactory manner in accordance with the specifications, the City shall receive the same. Final payment due the bidder shall be withheld until visual inspection is made by the Contract Administrator or his or her designee and merits of performance evaluated. This total acceptance will be done in a reasonable and timely manner. Acceptance shall not exceed thirty (30) days. If any equipment/service has to be rejected for any reason, the bidder shall be required to pick up the equipment, accomplish the necessary repairs and return the equipment to the City. Warranty repairs may be accomplished on City property if space is available; this will be at the discretion of the City. Title to or risk loss or damage to all items shall be the responsibility of the bidder, unless such loss or damages have been proven to be the result of negligence by the City. A. TAXES: Do not include State or Federal taxes. Not applicable to municipalities. B. MISTAKES: Bidders are expected to examine the specifications, delivery schedule, bid prices, extensions and all instructions pertaining to supplies and services. Failure to do so will be at bidder's risk. C. DISCOUNTS: Will be considered in determining the lowest net cost. D. CONDITION AND PACKAGING: It is understood and agreed that any item offered or shipped as a result of this bid shall be new (current production model at the time of this bid). All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. E. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall carry U.L. approval and reexamination listing where such has been established. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Manager and City Inspectors. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: Bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on date of delivery, all costs necessary to bring the materials, equipment, etc., into compliance with the aforementioned requirements shall be borne by the bidder. Bidder certifies that all employees, subcontractors, agents, etc. shall comply with all O.S.H.A. and State safety regulations and requirements. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 9 FACILITIES (REBID) Page 545 of 735 PALM BEACH COUNTY INSPECTOR GENERAL: The contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of any contracts resulting from this solicitation, and in furtherance thereof, may demand and obtain records and testimony from the contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested, may be deemed by the municipality to be a material breach of this contract justifying its termination. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: JUDY PYLE, CITY CLERK 3301 Quantum Blvd., Suite 101, Boynton Beach, FL. 33426. 561-742-6061 PYLEJ@BBFL.US QUESTIONS: Any questions relative to any item(s) or portion of this bid or Invitation to Bid should be directed to Ilyse Triestman, Purchasing Manager, Monday through Friday, 8:00 A.M. to 5:00 P.M. at (561) 742-6322; E-mail triestmani(a)bbfl.us BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 10 FACILITIES (REBID) Page 546 of 735 LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10.16.01 provides for a local business preference. "For all acquisitions made pursuant to Sealed Competitive Bid, as provided in Sec. 10.05, the City shall give preference to a Local Business if the Local Business' bid is determined to be within five percent (5%) or five thousand dollars ($5,000.00), whichever is less, of the lowest responsible and responsive bidder. In revenue generating contracts where award, if any, is to be made to the bidder returning the highest amount to the City, the same preference set forth herein shall be applied with respect to the highest bid." In order to be considered for a local business preference, a bidder must include the Local Business Status Certification Form at the time of bid submittal. Failure to submit this form at the time of bid submittal will result in the bidder being found ineligible for the local business preference for this solicitation. 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. Solicitation responses of $1 million or more must include the attached Scrutinized Companies form to certify that the Proposer is not on either of those lists THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 11 FACILITIES (REBID) Page 547 of 735 SPECIAL TERMS AND CONDITIONS INTENT: The intent of this contract is to insure a high level of custodial services. Performance and the quality of work will be first class in hygiene and cleanliness. Failure to meet the cleaning specifications as set forth in this contract will invoke penalties. All areas serviced by this contract will be inspected routinely by the Contract Administrator or his/her designated representative(s). These inspections will be for the purpose of assessing the contractor's performance meeting Section 20, Materials & Equipment; Section 21, Quality of Standards and Workmanship; and Sections 22 through 26, Task Schedules as described herein. Any deviations or deficiencies noted by the Contract Administrator will be brought to the attention of the contractor through the use of the Custodial Services Report (see sample). Any deficiencies noted in any inspections are to be corrected within twenty-four hours or become subject to penalty as outlined herein. The twenty -four-hour grace period may be extended in writing by the Contract Administrator should extraordinary circumstances warrant such extension in his/her judgment. Disputes over inspections or deficiencies will be resolved in accordance with Section 19, Disputes. BID TERM: The initial term of the Bid awarded shall be for two (2) years from the effective date of the bid award and by mutual agreement between the City and the awardee(s), may be renewable for three (3) additional one (1) year periods. The City reserves the right to exercise the option to renew annually. The City reserves the right to extend automatically for a period not to exceed an additional six (6) months in order to provide the City with continual service while a new contract is solicited, evaluated and/or awarded. COST ADJUSTMENTS: Prices quoted shall be firm for the initial bid term. No cost increases shall be accepted in this initial bid term. Please consider this when providing pricing for this Bid. Cost increases for any extension terms shall be subject to City approval. Any requested adjustment, not to exceed 5%, shall be fully documented and submitted to the City at least ninety (90) days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The determination as to whether the adjusted costs are acceptable is in the sole and exclusive discretion of the City. BASIS OF AWARD: The City intends to award this bid to the lowest priced responsive and responsible bidder meeting all specifications and requirements per group. The bidder must bid on all locations within the group to be considered for award of group and indicate "No Charge" for those items that are included at no additional charge in order to be responsive. Failure to bid on all locations within the group will be construed as incomplete and ineligible for award of the group. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 12 FACILITIES (REBID) Page 548 of 735 ADDITIONAL SERVICES: These are additional services that may be required or desired during the term of the contract. You do not need to bid on all items in this section. If you do not intend to submit a bid on a particular service within this section, indicate "No Bid" for that item. Do not leave the line "blank." Items within this section will not be considered in the evaluation process for award recommendation. BONDS: BLANKET FIDELITY (DISHONESTY) BOND: The awarded bidder must furnish a Blanket Fidelity (Dishonesty) Bond in the amount of $10,000.00 upon award. PAYMENT AND PERFORMANCE BONDS: For awarded bids of $25,000.00 or more, the successful bidder shall furnish a performance bond, cash bond, or irrevocable letter of credit or alternative means of security to protect the City from loss in the event of the Vendor's default in the performance of work which is subject of the award. Amount of such bond will be $50,000. The successful bidder will provide a Performance Bond for the two-year contract and for the duration of any and all extensions. RECORDING OF CONTRACT BOND: Before commencing the work, Contractor(s) shall provide to City a certified copy of the recorded bond(s). City may not make any payment to Contractor until Contractor has complied with this requirement. POWER OF ATTORNEY: Attorneys -in -fact who sign Bid Bonds or Contract Bonds shall file with each bond an original, certified and dated copy of their power of attorney. QUALIFICATION OF SURETY: The Payment and Performance Bonds shall be executed by a surety company of recognized standing authorized to do business in the State of Florida and having a resident agent in the State of Florida for purposes of service of process. The surety company shall hold a current certificate of authority as acceptable surety on Federal Bonds, in accordance with U.S. Department of Treasury Circular 570, current revision, or meet the criteria established as to acceptable surety companies by the Board of Commissioners of State Institutions, March 18, 1958, or the equivalent thereof. A surety shall be deemed not qualified if the surety shall have a receiver appointed for it, or if it shall declare or file or has filed for bankruptcy. PERFORMANCE DURING EMERGENCY: By submitting a bid, bidder agrees and promises that, during and after a public emergency, disaster, hurricane, flood, or acts of God, City of Boynton Beach shall be given "first priority" for all goods and services under this contract (if applicable). Bidder agrees to provide all goods and services to City of Boynton Beach throughout the emergency/disaster at the terms, conditions, and prices as provided in this solicitation, and with a priority above, a preference over, sales to the private sector. Bidder shall furnish a 24-hour phone number and address to the City in the event of such an emergency. Failure to provide the stated priority/preference during an emergency/disaster shall constitute breach of contract and make the bidder subject to sanctions from further business with the City. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance and vehicular liability insurance, during the time any of bidder's personnel are working on City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 13 FACILITIES (REBID) Page 549 of 735 business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition. SPECIFICATIONS: The apparent silence of the Specifications as to any detail, or the apparent omission from the Specifications of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practice to prevail and that only material and workmanship of the finest quality are to be used. All interpretations of the Specifications shall be made on the basis of this Statement. For the purposes of evaluation, the Bidder must indicate any variance or exceptions to the stated Specifications no matter how slight. Deviations should be explained in detail. Absence of variations and/or corrections will be interpreted to mean that the Bidder meets all the Specifications in every respect. TERMINATION FOR DEFAULT: In addition to all other remedies available to the City, this Contract shall be subject to cancellation by the City for cause, should the Contractor neglect or fail to perform or observe any of the terms, provisions, conditions, or requirements herein contained, if such neglect or failure shall continue for a period of thirty (30) days after receipt by Contractor of written notice of such neglect or failure. UNCONTROLLABLE CIRCUMSTANCES ("Force Majeure"): The City and Contractor will be excused from the performance of their respective obligations under this agreement when and to the extent that their performance is delayed or prevented by any circumstances beyond their control including fire, flood, explosion, strikes or other labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage, act or omission of any governmental authority, delay, or failure or shortage of any type of transportation, equipment, or service from a public utility needed for their performance, provided that: a) The non-performing party gives the other party prompt written notice describing the particulars of the Force Majeure including, but not limited to, the nature of the occurrence and its expected duration, and continues to furnish timely reports with respect thereto during the period of the Force Majeure; b) The excuse of performance is of no greater scope and of no longer duration than is required by the Force Majeure; c) No obligations of either party that arose before the Force Majeure causing the excuse of performance are excused as a result of the Force Majeure; and d) The non-performing party uses its best efforts to remedy its inability to perform. Notwithstanding the above, performance shall not be excused under this Section for a period in excess of two (2) months, provided that in extenuating circumstances, the City may excuse performance for a longer term. Economic hardship of the Contractor will not constitute Force Majeure. The term of the agreement shall be extended by a period equal to that during which either party's performance is suspended under this Section. PROPERTY DAMAGE: If property (public or private) is damaged while Contractor is performing work specified or is removed for the convenience of the work, it shall be repaired or replaced at the expense of the Contractor in a manner acceptable to the City prior to the final acceptance of the Work. Such property shall include but not be limited to: structures, parkways, sidewalks, curbs and gutters, driveways, walls, fences, water features, footings, underground utilities, sod, shrubs, and trees. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 14 FACILITIES (REBID) Page 550 of 735 INVOICING AND PAYMENT: Payment will be processed after the successful completion of the assigned services based on a comparison between the "itemized" invoice and the Work Schedule (Logs) and review of any Custodial Service Reports. The contractor will submit date and time stamped before and after pictures for all work being invoiced. This shall include all contract items listed in the SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS, Section 21. QUALITY STANDARDS AND WORKMANSHIP. The Finance Department processes payments either through E -Payables or paper checks every two (2) weeks and all checks are mailed; no exceptions. Timely submission of a properly certified invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach Attn: Gail Mootz, Project Supervisor/Contract Administrator 222 NE 9t" Avenue Boynton Beach, Florida 33435 All invoices submitted shall consist of an original and one (1) copy as follows: ➢ Clearly reference the subject Contract or Purchase Order number; ➢ Provide a clear description to identify the goods and services for which payment is requested; ➢ Contain date of delivery and/or completion of phased services; The City's terms of payment, unless otherwise stated in the Contract Documents are "Net 30 Days" after acceptance of goods or services and receipt of an acceptable invoice as described herein. Any other items of payment must have been previously approved by the City and appear on the Contract or Purchase Order document to be binding on the City. Should the City return an invoice for correction, the Contractor shall re -submit a corrected invoice to the City for processing. CONTRACT ADMINISTRATOR: The Contract Administrator is Gail Mootz, Project Supervisor/Contract Administrator, 222 NE 9t" Avenue, Boynton Beach, Florida 33435. Telephone no.: (561) 742-6223. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. BID NO. 010-2511-19/IT - JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND 15 FACILITIES (REBID) Page 551 of 735 SCOPE OF SERVICES AND TECHNICAL REQUIREMENTS 1. PURPOSE AND INTENT The purpose and intent of this Invitation to Bid is to secure firm fixed pricing and to establish a term contract for comprehensive janitorial services at various locations within the City of Boynton Beach. 2. SERVICE PERFORMANCE The intent of this contract is to insure a high level of custodial services. Performance and the quality of work will be first class in hygiene and cleanliness. Failure to meet the cleaning specifications as set forth in this contract will invoke penalties. All areas serviced by this contract will be inspected routinely by the Contract Administrator or his/her designated representative(s). These inspections will be for the purpose of assessing the contractor's performance meeting Section 20, Materials and Equipment; Section 21, Quality of Standards and Workmanship; and Sections 22 through 25, Task Schedules as described herein. Any deviations or deficiencies noted by the Contract Administrator will be brought to the attention of the contractor through the use of the Section 25, Custodial Services Report (see sample). Any deficiencies noted in any inspections are to be corrected within twenty-four hours or become subject to penalty as outlined herein. The twenty -four-hour grace period may be extended in writing by the Contract Administrator should extraordinary circumstances warrant such extension in his/her judgment. Disputes over inspections or deficiencies will be resolved in accordance with Section 19, Disputes. 3. WORK SCHEDULE Work is to be performed after Normal Operating Hours as noted in the Section 28, COBB facility cleaning frequencies chart for each facility unless otherwise noted or mutually agreed upon; see the Normal Operating Hours in the Section 28, COBB facility cleaning frequencies chart. A schedule will be furnished to the City and updated as necessary, indicating the name of the supervisor assigned to oversee the work and including the supervisor's day and evening telephone numbers. Bidders must submit a complete list of janitorial/custodial materials, equipment, products and brands to be used; see Section 25, Materials and Equipment. Contractor will not be allowed to subcontract work under this contract unless written approval is granted by the City's Contract Administrator. The subcontractor, if approved, will be bound by the conditions of the contract between the City and the awarded contractor and will perform in accordance with all terms of the contract and specifications. All required notices, work orders, directives, and request for emergency services will be directed to the contractor. All direction given to the subcontractor on the work site will bind the contractor as if the notice had been given directly to the contractor. 16 Page 552 of 735 Contractor must provide a telephone number and a named contact person who can be reached during all working hours for emergencies and resolving problems. 4. DUE DILIGENCE Each bidder shall complete a Statement of Bidder's Qualifications which will be used as a source of information in the evaluation process. The following factors will be considered to determine the responsibility of the bidder. • Experience of the firm with similar projects. • Background and experience of principal members of the personnel, including officers. • Bonding capacity. • Evidence of possession of required licenses or business permits. • Contracts on hand. • Largest completed contracts. • Review of references. • Consideration of past lawsuits or arbitrations to which the firm has been a party. 5. COMMUNICATIONS The contractor or his/her representative will meet with the City's contract administrator on a monthly basis, or more frequently if necessary, to discuss schedules, problems, needs, and mutual areas of concern. The contractor or his/her representative will report any building and/or infrastructure issues or problems on a nightly basis to the Public Works Main Answering Point, (561) 742-6200. Any emergency with the building/infrastructure that require immediate attention must be reported to Dispatch (561) 732-8116. The use of the Section 28, Custodial Services Report (CSR) will establish a system whereby notice is given by the City to the contractor indicating problems, complaints, and other contract discrepancies. The contractor will have one (1) twenty -four-hour daily cycle immediately following notification by a Custodial Services Report to correct a deficiency and request a re -inspection; failure to pass the re -inspection will result in a penalty charged as outlined in Section 18, Penalties. 6. WORK LOG The City will allow the contractor to install a time clock in the janitorial closet of Intracoastal Clubhouse Park for their use in tracking employee times. The contractor's supervisor will be required to maintain a daily work log showing deviations from the assigned work schedule, or when work assignments have not been completed and supply copies to the contract administrator on a daily basis. The contractor will supply the contract administrator by the 3rd of each month a timekeeping log showing the facility name, date, hours at facility and task completed for all scheduled items. It will be the contractor's responsibility to ensure that sufficient manpower is available to complete the assigned tasks irrespective of sickness, holidays, vacations, or other personnel matters. Only Police Department approved personnel shall be allowed to access the Police Department. 17 Page 553 of 735 Relief personnel will be provided as necessary and work overtime as necessary, at no additional cost to the City, to ensure adherence to Sections 27 through 32, Task Schedules. Only Police Department approved personnel shall be allowed to access the Police Department. Porter service will be provided to the City of Boynton Beach, Monday -Friday from 10:00 am -2:00 pm. The porter will be housed at City Hall and be utilized throughout the city as needed. Contractor will submit to the contract administrator within 30 days of the contract award the following schedules: ➢ WEEKLY tasks by facility o Cleaning o Floor (VCT, Tile, Marble, Carpet) ➢ MONTHLY tasks by facility. (JANUARY THROUGH DECEMBER EVERY MONTH) o Cleaning o Floor (VCT, Tile, Marble, Carpet) ➢ QUARTERLY tasks by facility. (MARCH, JUNE, SEPTEMBER, DECEMBER) o Cleaning o Floor (VCT, Tile, Marble, Carpet) ➢ SEMI-ANNUAL tasks by facility. (MARCH, SEPTEMBER) o Cleaning o Floor (Strip and wax VCT, Tile, Marble, Steam clean Carpet) ➢ YEARLY tasks by facility. (FEBRUARY) o Cleaning o Floor (VCT, Tile, Marble, Carpet) Every Friday by 2:OOpm the Contract Supervisor will supply the Contract Administrator the following weeks schedule for all nightly work that does not fall under Section 27 Task schedules — daily tasks. 7. TRAVEL The City of Boynton Beach will not responsible for any travel expenses. 8. CONTRACTOR RESPONSIBILITY Contractor will be responsible for ensuring that all employees are in compliance, at all times, with Terms, Conditions, and Specifications outlined in these bid specifications. Contractor will be responsible for obtaining all necessary permits, licenses, and/or registration cards, 1-9 Form (Employment Eligibility Verification) in compliance with all applicable federal, state, and local statues pertaining to services as specified including coordinating City issued photo ids, keys, access cards, and background checks through the contract administrator. 9. TAXING RESPONSIBLITIES With submission of this bid proposal, the contractor understands that the City of Boynton Beach is not responsible for any federal, state, or locally mandated tax withholding associated with wages of the vendor's employees and/or any of its subcontractors. 18 Page 554 of 735 10. SUPERVISION AND STAFF The contractor shall provide at least one (1) on-site supervisor for each crew engaged in work under this contract with the following qualifications and responsibilities. • The on-site supervisor must be fluent in the English language. • The successful bidder shall provide an adequate number of trained and qualified supervisors and staff capable of providing the necessary labor to satisfy the contract. • The on-site supervisor's qualifications shall be determined by a substantiated history of at least three (3) years of on the job custodial experience, including at least one (1) year of supervisory experience in the field of custodial services. • The on-site supervisor will be provided a pager and/or cell phone at the contractor's expense and the number will be provided to the City. • The on-site supervisor will be responsible for the instruction and training of personnel in proper work methods and procedures. • The on-site supervisor will schedule and coordinate all services and functions as required by the contract and as specified in the Task Schedules with the Contract Administrator. • The on-site supervisor shall be authorized by the contractor to accept and act on all directives issued by the City's contractor administrator. Failure of the on-site supervisor to act on said directives shall be sufficient cause for the City to give notice that the contractor is in default of the contract. 11. PERSONNEL REQUIREMENTS Persons employed by the contractor in the performance of services pursuant to this bid shall not be considered employees of the City, shall be independent thereof and shall have no claim against the City as to pension, workers' compensation, unemployment compensation, insurance, salary, wages or other employee rights of privileges granted by operation of law or by the City of Boynton Beach and shall be 18 years of age or older. All employees assigned by the contractor shall be fully capable, experienced, and trained in the work they are employed to perform. They shall be physically able to complete the cleaning tasks outlined in these specifications. The Contractor shall submit to the City administrator certificates for each employee bio -hazard clean-up certified. The contractor may be working in areas containing sensitive or restricted information or materials. All employees must be covered by a blanket fidelity bond in the amount of $10,000; a copy of which must be provided to the City upon notification of award. 19 Page 555 of 735 Prior to any employee of the contractor commencing work, the employee will submit: ➢ An application to the Volunteer & Employee Criminal History System (VECHS) ➢ Fingerprinting under the National Child Protection Act of 1993, as amended. ➢ Background check per Section 943.0542, Florida State Statues per Section 16, Contractor Responsibility, coordinated by the City's contract administrator through the City's Human Resources Departments. ➢ Additionally, CJST Security Policies will need to be met before any contract employee with be granted access to any of the City's Police facilities by the City's Police Department. ■ Contract Personnel assigned to City's Police facilities by the City's Police Department shall complete the Police Department questionnaire and submit with all associated paperwork to the contract administrator within 7 days of contract award. If the contractor fails to submit the required Police Department questionnaire and associated paperwork, a deduction of 10% of the monthly fee will be deducted per day for each day the Police Department questionnaire is not submitted to the contract administrator. ■ City issued photo identification badges and access cards, which will limit access to certain City facilities, will not be issued until such time that the Contract Personnel has passed the City's Police Department's requirements. The contractor will be responsible for: ➢ Notifying the contract administrator of any lost City issued photo identification badges, access cards, or keys. The contractor will be billed for any costs incurred for their replacement. ➢ Surrendering the City issued photo identification badges, access cards, and all issued keys for any contract employee no longer working on City property. ➢ Surrendering the City issued photo identification badges, access cards, and all issued keys at the end of the contract or final payment will be withheld. The City will exercise full and complete control over granting, denying, withholding, or terminating clearance for any of the contractor's employees. Employees whom the City deems careless, discourteous, or otherwise objectionable or who cannot meet standards required for security or other reasons will be prohibited from entering the building(s). 12. SECURITY AND ACCESS All contractor employees will display City issued photo identification badges while working on City premises as noted in Contractor Responsibility. No employees will be allowed access to any City facilities area without displaying the required City issued photo identification badge, wearing uniform shirts clearly identifying the company's name, and wearing closed toe, rubber soled shoes at all times. Also, while shorts are acceptable, they cannot be more the 3" above the knee caps. The contractor will work in several areas which are: ➢ Under secured access ■ Shall be maintained in a secured condition and will be locked immediately upon the contractor completing their daily operations. ➢ Generally opened to the public for meetings, rentals, and other uses. Schedules of all public meetings and uses will be provided to the contractor on a monthly basis when available. f►A] Page 556 of 735 NO EXTERIOR DOORS SHALL BE PROPPED OPEN AT ANY TIME. Daily custodial services cannot be performed or completed in various conference rooms or meeting areas until meetings have ended. The contractor's operations will not interfere with these meetings. Meeting schedules will in no way diminish the contractor's responsibility for cleaning the meeting areas after public use. 13. KEY CONTROL Contractor shall: ➢ adequately secure the keys, access cards, other entry devices, and codes provided by the City. ➢ shall maintain a record of the keys numbers issued to its employees. I key list will be provided to the City Administrator with 30 days of contract start date. (Contractor shall not duplicate and shall not allow such items to be duplicated.) ➢ the contractor will be responsible to pay for any broken keys. Any such item which become lost, missing, or stolen shall be immediately reported to the City representative by the contractor. Should the contractor lose or have stolen any keys or access cards issued to the contractor by the City, the cost of changing locks or keys to the buildings, rooms, or areas accessible by the lost or stolen keys will be deducted from the contractor's invoice to the City for the work performed under this contract. 14. SPECIAL AND UNFORESEEN WORK Due to the generalized nature of the work under this contract, instances may occur where the City has need for additional cleaning and custodial services outside the original intent of this contract. Requests for special work will be authorized in writing only through the Contract Administrator under the section for the Monthly Price Schedule. A separate hourly rate is requested as part of the Special Services under the section for the Monthly Price Schedule. The contractor will be required to submit a separate invoice for hours worked, a service fee, and itemized materials. An emergency contact number shall be supplied for emergency cleaning services. The contractor will be required to respond by phone within 30 minutes of the call and be on-site with one hour after contacted by the Contract Administrator. 15. PROTECTION OF PUBLIC AND PRIVATE PROPERTY The contractor shall exercise all necessary caution to protection pedestrian traffic and all public and private property from injury and damage caused by the contractor's operations. Any practice obviously hazardous in the opinion of the Contract Administrator shall be immediately discontinued by the contractor upon receipt of either written or oral notice to discontinue such practice. The contractor shall comply with all OSHA and other Federal, State, and Municipal safety standards and policies. Contractor shall supply for the City's review and approval Material Safety Data Sheets (MSDS) for all supplies used and shall maintain a MSDS book in the main custodial closet in every complex. 21 Page 557 of 735 It shall be the responsibility of the successful bidder to maintain worker's compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of his/her personnel are working on City of Boynton Beach property. Loss by fire or any other cause shall be the responsibility of the vendor until such time as the items and/or work has been accepted by the City. The vendor shall furnish the City with a certificate of insurance after award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, latest edition (see Insurance Advisory Form). 16. LOST AND FOUND ARTICLES Contractor will ensure that all articles found in City buildings or on City property by their employees while performing duties under this contract, will be returned to the Contract Administrator no later than one work day after finding the item. 17. CUSTODIAL CLOSETS AND UTILITIES Custodial closets shall be kept orderly and clean at all times. City shall supply electric power and water without charge to the contractor. Contractor will use the City's utilities as needed, but without waste by ensuring all water supplies and light fixtures are turned off as cleaning is completed. 18. PENALITIES Any deficiency communicated in writing per Section 18, Communications on the Section 32, Custodial Services Report (CSR) to the contractor, and not corrected within the time limits as described within the below specifications shall become subject to a financial penalty for nonperformance or substandard performance. Penalties, if any, shall be withheld from the monthly payment to the contractor as liquated damages to the City. Penalties, if applied, do not limit the right of the City to seek other redress for nonperformance or substandard performance. The fee structure for task deficiency shall be as follows: Ta Ta ON W% LJGMAVI IL.y lrlldl L h • Facility completely missed — 10% of the Monthly Fee for the relevant building. • Facility left unlocked —5% of the Monthly Fee for the relevant building. • Paper Products (Toilet Paper and Hand Towels) not filled — 10% of the Monthly Fee for the relevant building. • Soap Dispensers not filled — 10% of the Monthly Fee for the relevant building. ueTicienC mart "ts" • Deficiency in a Daily Task — 5% of the Monthly Fee for the relevant building. • Deficiency in a Weekly Task — 10% of the Monthly Fee for the relevant building. • Deficiency in a Monthly Task — 15% of the Monthly Fee for the relevant building. • Deficiency in a Quarterly Task — 20% of the Monthly Fee for the relevant building. • Deficiency in a Semi -Annual Task — 25% of the Monthly Fee for the relevant building. • Deficiency in an Annual Task — 25% of the Monthly Fee for the relevant building. Page 558 of 735 Contractor shall respond to a reported Section 32, Custodial Services Report (CSR): • 30 minutes to acknowledge CSR • 60 minutes to be on site to correct daily deficiencies in CSR. • * 24 hours to correct any weekly, monthly, quarterly, semi-annual, and annual deficiencies in CSR, with the exception to "Task Deficiency Chart "A" above. These items need to be corrected within 1 hour of notification by the Contract Administrator or his/her designee. *Penalties shall repeat each twenty -four-hour daily cycle until such time as the deficiency is corrected. 19. DISPUTES The contractor shall faithfully perform all work as set forth in these specifications. If the contractor fails to faithfully perform in accordance with the specifications, or if a dispute arises as to the quantity and/or quality of work completed, the City's Contract Administrator reserves the right to withhold payment until such time that the performance dispute has been remedied. In case of any doubt or difference of opinion as to items to be furnished hereunder, the decision of the City Manager shall be final and binding upon both parties. 20. MATERIALS AND EQUIPMENT All products/materials are to be Green Seal Certified or Bio -Renewable and approved by the City prior to their use. Failure to use the approved products/materials will result in a penalty based on the fee structure for task deficiency outlined in Section 10, Penalties. If and whenever in the specifications a brand name, make, name of any manufacturer, trade name or vendor catalog number is mentioned it is for the purpose of establishing a grade or quality of material only. Since the City does not wish to rule out other competition and equal brands or makes, the phrase OR EQUAL is added. However, if a product other than that specified is proposed, it is the vendor's responsibility to name such a product within his bid and to prove to the City that said product is equal to that specified and to submit brochures, samples, and/or specifications in detail on item(s) submitted. The City shall be the sole judge concerning the merits of the bid submitted. Exceptions are items specified as "NO SUBSTITUTES". No substitutes will be accepted for the supplies except for the Grit Soap. The City may consider approved equals for the Grub Scrub Hand Soap. The items to be furnished by the contractor will include, but not be limited to, the following: 23 All paper and soap products including paper towels, toilet paper, and soap. NO SUBSTITUTES: Toilet Tissue — RENO6125-WB, Single Roll, Bath Tissue, 2ply, 3 —3/4x 4 Paper Towels — RENO6131-WB, Controlled Hand Roll Towel, White Hand Soap (Hands-free dispenser) — RENO2544, Antibacterial Foam Soap, 1200ml Hand Soap — RENO2528, Antibacterial Hand wash Soap, 1250ml Body Soap & Shampoo — RENO02493, Renown Gen II, 2000ml, Body/Hair Shampoo Grit Soap — SPA2810-04, Grub Scrub Hand Soap w/Pumice, Flat Top Gallons Urinal Screen — REN03070-FR, Cotton Blossom (Replaced every 21 days) All urinal screens and cleaners. WATER -FREE URINALS: Screens and Cleaners must meet the manufacturer's specifications for water -free urinal maintenance. All plastic liners for waste receptacles. All cleaning materials and equipment necessary to complete specifications including wiping and dust rags (NO FEATHER DUSTERS), mops, brooms, buckets, vacuum Page 559 of 735 cleaners, buffing machines, carpet extractors, and specialty equipment including waste collection containers. A listing of all materials and equipment to be used shall be part of the proposal and shall be of industrial or commercial type. A record of all Material Safety Data Sheets (MSDS) for those products/materials used or stored on City property shall be maintained at each complex at all times for public reference as outlined in Section 15, Protection of Public and Private Property and a copy supplied to the contractor administrator. The Contractor shall submit a quarterly report of all supplies used in the performance of the work to the Contract Administrator. The report shall minimally include but not be limited to the following information: list of supplies per location, quantity of supplies, etc. 21. QUALITY STANDARDS AND WORKMANSHIP The following statements indicate the general standards and workmanship to be furnished under this contract: 24 Garbage/Trash & Recycling (DAILY) a. All garbage/trash and recycling from the interior and exterior of the facilities is to be gathered and not co -mingled and then placed into the appropriate carts and/or containers provided by the City. (Note: The collection of garbage/trash does not include the large trash barrels throughout the grounds of our parks. Also, nothing shall be removed from desks and/or tables as all trash/recycling must be in the appropriate receptacle or next to the receptacle marked as trash or recycling in order to be collected.) b. All garbage/trash and recycling collection containers are to be wiped out/down as necessary to provide a clean appearance and pleasant smell and then lined with a plastic bag of the appropriate size. 2. Paper & Soap Dispenser Maintenance (DAILY) a. All paper and soap dispensers will be filled daily with the specified products as noted in Section 25, Materials and Equipment. b. The exteriors of all dispensers are to be dusted or wiped down to remove all dirt, dust, and miscellaneous debris. c. Malfunctioning dispensers are to be marked with a note stating "Out of Order" and reported immediately to Facilities Management Main Answering Point of (561) 742-6200, along with an email to the Contract Administrator; mootzg@bbfl.us 3. Floor Cleaning — Hard Floors (DAILY) a. NOTE: Proper safety signage will be used for the safety of the buildings' occupants and visitors should they appear when any Hard Floor Cleaning occurs. b. Hard floor cleaning will include (VCT, Tile, Marble) open areas, in corners, behind doors, under the furniture, stairs, and stairwells. All paper clips, staples, loose material, etc., shall be picked up and properly disposed of. c. Dust mopped floors should be done with microfiber cloths. d. Wet mopping of tile will occur after dust mopping or sweeping (NO SWEEPING IN THE LIBRARY) and is to present a clean floor that is free of streaks, smears, and dried dirt. Using dirty mop water is unacceptable and used mop water is to be dumped immediately after the completion of mopping an area. Mop water is not to be dumped in any landscaping or in any storm drains. Only approved cleaners/detergents will be used in the mop water for wet mopping hard floor Page 560 of 735 Pd. surfaces. All floor drains are to be clean of dirt build-up and thoroughly rinsed after restrooms or locker room cleaning. e. Concrete floors, such as those in the parks, shall be swept first. Spots will be scrubbed with a brush and then the floors shall be sprayed with cleaner/disinfectant and hosed off into the floor drain. Any debris collected on the grates of the floor drains shall be removed and disposed of. f. (QUARTERLY) Tile & Marble to be spray buffed to show a "Wet Look" gloss. Spray buffing shall only be accomplished after the floor is cleaned of all dirt or loose material. g. (SEMI-ANNUAL) VCT & Marble to be refinished with floors being completely stripped of all wax to the original surface of the floor, resealed with an approved product, re -coated with a minimum of five (5) coats of an approved wax allow, each coat allowed to dry before applying the next coat, and buffed using an appropriate buffing machine to show a "Wet Look" gloss. h. (QUARTERLY) Ceramic Tile grout will be steam cleaned and then sealed. 4. Floor Cleaning - Carpet (DAILY) a. Carpet vacuuming and cleaning will include open areas, in corners, behind doors, and under the furniture. All paper clips, staples, loose material, etc., shall be picked up and properly disposed of. b. Carpet vacuuming will be accomplished only with a properly maintained vacuum cleaner with a hepa-filtration system and will include carpeted floor mats; floor mats are not to be broom cleaned. c. (WEEKLY) Carpet is to be spot cleaned and cleaned only with an approved dry method extraction system. Heavy use carpet areas and carpeted mats will be cleaned to maintain a dirty -free appearance. d. (QUARTERLY) Carpet will be pre-treated and steam cleaned. 5. Glass & Mirror Cleaning (DAILY) a. Glass and mirrored surfaces will be cleaned free from streaks, smears, and Spots. b. All interior glass, entryways will be cleaned free from streaks, smears, and spots during each scheduled visit. 6. Water Fountain Cleaning (DAILY) a. Water fountains both on the interior and exterior of the facilities are to be cleaned and sanitized and all chrome is to be polished. 7. Breakroom & Kitchen Cleaning (DAILY) a. Breakroom & Kitchen Cleaning shall consist of Garbage/Trash & Recycling, Paper & Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning, Glass & Mirror Cleaning, Horizontal/Flat Surface Cleaning, and the cleaning and polishing of all chrome/metal fixtures, appliance exteriors including vending machines, and the cleaning and disinfecting of sinks to be free from dirt, food particles, grease, grime, and stains. Page 561 of 735 26 8. Restrooms and Locker Room Cleaning (DAILY) a. NOTE: Water -free urinals will be cleaned in accordance with the manufacturer's instructions. b. Restroom and locker room cleaning shall consist of Garbage/Trash & Recycling, Paper & Soap Dispenser Maintenance, Floor Cleaning, Furniture Cleaning, Glass & Mirror Cleaning, Horizontal & Vertical Flat Surface Cleaning, the cleaning and polishing of all chrome/metal fixtures, and the cleaning and disinfecting of all sinks, toilets, and urinals to be free of dirt, grime, and stains and to include the periodic replacement of urinal deodorizers which would be approximately 15% smaller than the originally installed deodorizer. This is to include flushing and/or plunging any clogged or filled toilets or urinals. The Contractor shall use bowl cleaners and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, and any other stains from the insides of toilet bowls and urinals. The cloths and sponges used in cleaning and disinfecting toilets, urinals and other surfaces contaminated with urine or feces shall be a color readily distinguished from cloths and sponges used on other surfaces and fixtures. The Contractor shall use bowl cleaners and nylon bowl mops to remove scale, scum, mineral deposits, rust stains, and any other stains from the insides of toilet bowls and urinals. 9. Custodial Closets (DAILY) a. Custodial closets will be clean with stock and equipment stored neatly. Trash and used materials/supplies including dirty mop water are not to be left in the closet at any time. All faucets/valves are left securely in the closed position. No lights are to be left on when the closet in not in use. 10. Elevators (DAILY) a. Elevator doors and walls are to be cleaned of any dirt. Elevator floors are to be swept or vacuumed according to the type of flooring in the elevator. 11. Furniture Cleaning (WEEKLY) a. All vinyl, metal, and/or wood surfaces of furniture are to be wiped to eliminate any dust, dirt, or grime leaving the surface free of streaks and residue. b. Cloth surfaces of furniture will be spot cleaned with an approved dry method extraction system. 12. Horizontal & Vertical Flat Surface Cleaning (WEEKLY) a. Horizontal and Flat Surfaces shall be wiped clean and/or dusted completely free of all loose and adhering or other foreign material on the original finish of a surface. A clean surface will appear both physically and visually clean, free from streaks, or other residue. b. NO feather dusters 13. Vent Cleaning (MONTHLY) a. All air conditioning supply and return air vents are to be wiped down with a treated soft cloth to remove all dust, dirt, and grime. 14. Window Blind Cleaning (SEMI-ANNUAL) a. Window Blinds are to be vacuumed on both sides with a soft -brush attachment and wiped down with cleaner and soft cloth or professionally, chemically dipped. Page 562 of 735 15. Exterior/Interior Window Cleaning (SEMI-ANNUAL) a. Wash and squeegee dry all windows both on the exterior and interior leaving the glass streak -free. All dirt and dirty water must be wiped or rinsed off the window sills. 16. Exercise Equipment Cleaning (WEEKLY- Hester Center and Police Department) a. All surfaces of exercise equipment are to be wiped to eliminate any dust, dirt, or grime leaving the surface free of streaks and residue. b. NOTE: Proper safety signage will be used for the safety of the buildings' occupants and visitors should they appear when any Hard Floor Cleaning occurs. 1. Concrete floors shall be swept first. Rubber mat floors shall be swept first. Spots will be scrubbed with a brush and then the floors shall be mopped with cleaner/disinfectant. Wet mopping of floors will occur after dust mopping or sweeping and is to present a clean floor that is free of streaks, smears, and dried dirt. Using dirty mop water is unacceptable and used mop water is to be dumped immediately after the completion of mopping an area. Mop water is not to be dumped in any landscaping or in any storm drains. Only approved cleaners/detergents will be used in the mop water for wet mopping hard floor surfaces. All floor drains are to be clean of dirt build-up and thoroughly rinsed after restrooms or locker room cleaning. 22. TASK SCHEDULES — DAILY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Garbage/Trash and Recycling • Paper and Soap Dispenser Maintenance • Floor Cleaning — Hard Floors to be Dust Mopped • Floor Cleaning — Carpet and Carpeted Floor Mats to be Vacuumed • Glass and Mirror Cleaning — Storefronts and Entranceways • Water Fountain Cleaning • Break Room Cleaning • Restrooms and Locker Room Cleaning • Custodial Closets • Elevators 23. TASK SCHEDULE — WEEKLY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Floor Cleaning — Hard Floors to Wet Mopped • Floor Cleaning — Carpet to be Spot Cleaned • Furniture Cleaning — Wipe Down • Horizontal/Flat Surface Cleaning 24. TASK SCHEDULE — MONTHLY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) Floor Cleaning — Hard Floors (VCT and Marble) to be Spray Buffed Vent Cleaning 25. TASK SCHEDULE — QUARTERLY TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) • Floor Cleaning — Hard Floors (Ceramic Tile) Machine Scrub Grout, Damp Mop, and Seal • Furniture Cleaning/Upholster/Spot Cleaning PO Page 563 of 735 26. TASK SCHEDULE — SEMI-ANNUAL TASKS (Refer to Section 21, Quality Standards and Workmanship for details.) Semi-annual tasks are to be completed in February and August. Scheduling will be coordinated with the Contract Administrator and the Departmental Contact to ensure that no programming or rentals of the facilities are scheduled. • Floor Cleaning — Hard Floors (VCT and Marble) Refinished • Floor Cleaning — Carpet to be cleaned in its entirety; this is not spot cleaning • Window Blind Cleaning • Exterior/Interior Window Cleaning THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. P& Page 564 of 735 27. CUSTODIAL SERVICE REPORT (CSR) A116--1 fe-14HANA 4 ft"A N 4:2 i'A �4 :141 A I LOCATION NOTES: A#Area F-1 Custodial Closets ❑ Garbagorash F-] Recycle ❑ Dust Mop IFlloors �VCT/Marl le) ❑ Vacuum (Carpet) F-1 Glass Cleaning ❑Water Fountain Mpe down, amdi IPollish) F -I Ellev�ator Reswom/&reak RovmlLockef Room F-1 Paper owel Djspenserr F-1 Toilet Paper Dispenseir ❑ Soap Dislpenseir ❑ Mirmr Cleaning ❑ Wet Mop Floors WEIEKILY A# Areas, ❑ Wet Mop -ALL-JImrs ❑ Fiumiture diusting (Wipe down) ❑ Horizontal (Flat Surface cleaning) ❑ Vertical (Flat Surf ace, cleaning) MONTHLY Aft Areas 7eas, ❑ Carpet Spot CAeaning ❑ Venit cleaning PAN Page 565 of 735 28. COBB FACILITY CLEANING FREQUENCY CHART (HOURS OF OPERATION, BUILDING USE AND DOOR KEY IDENTIFICATION). ALL CLEANING MUST OCCUR BETWEEN 6 PM AND 7 AM UNLESS NOTED OTHERWISE (*) BELOW. Any suspicious activities or hostile person(s) should be reported immediately to the Boynton Beach Non -Emergency (Dispatch) at 561-742-6035 and then report via email or text: Gail Mootz 1.M.p0.!.Z.G — office 561-742-6223. NON -EMERGENCY AFTER -HOUR REPAIRS OR ISSUES CAN BE REPORTED VIA THE PUBLIC WORKS VOICE MAILBOX @ 561-742-6200. NOTE: All Mechanical, Custodial, Park Restrooms, and Facilities Management Office are the M key. Updated: 01/01/15 BUILDING I EY Building Use Normal Operating Cleaning Frequencies Hours 1913 Schoolhouse Museum Recreational Mon. Staff Only 141 E. Ocean Avenue Facility Tues. -Sat. loam -Spm Monday -Saturday C Rentals Amphitheatre Restrooms (Kid's Restroom Kingdom) (until demolition) M Building Dawn to Dusk Everyday 141 E. Ocean Avenue Barton Mem. Park Restroom Bldg. Restroom to Dusk 1110 N.W. 5" Street M BuildingDawn Everyday Boat Club Park Clubhouse Building B Recreational Mon/Wed/Fri 9am-4pm Monday/Wednesday/Friday 2010 N. Federal Hwy. Facility Rentals Boat Club Park Restroom Building M Restroom Everyday, 2010 N. Federal Hwy. Building 24 hours/day Including Mid -Day Cleaning City Hall Prox. Office Building Mon. -Fri. 7am-6pm Monday — Friday 3301 Quantum Blvd., Suite 101 Card Mon. -Fri. 7am-5pm Billing/Police Department Sub- Prox. *RESTRICTED Monday — Friday station/internal Affairs Card Office Building ACCESS: Cleaning 209 N. Seacrest Blvd. should start at 7:00am and be completed by 1:00 m. 24/7 Police Station Office Bldg. *RESTRICTED 2045 High Ridge Road Prox. w/4 Holding ACCESS: Cleaning Monday - Friday Card Cells should start at 7:00am and be completed by 1:00 m. Congress Ave Park Tennis Ctr. Pro Recreational Mon.-Thurs. Sam-9pm Shop & Restrooms & Barrier -Free B Facility Friday Sam-5pm Everyday 3111 S. Congress Ave. Sat. & Sun. Sam-lpm Ezell Hester Park Community Ctr. Recreational Mon. -Sat. Sam-5pm 1901 N. Seacrest Blvd. B Facility Rentals Monday — Saturday Ezell Hester Park Office & B& Recreational Everyday Restrooms Building by Courts 7707 Facility Sun. -Sat. Sam-9pm 1901 N. Seacrest Blvd. Ezell Hester Park Concession/Press Recreational Box Building B Facility Saturday Sam -I Ipm Everyday 1901 N. Seacrest Blvd. 30 Page 566 of 735 Fire Station #3 Community Room & F (Also Office Monday -Wednesday -Friday Public Restrooms Only has Building Program Driven 3501A N. Congress Ave Prox Cards) Fire Station #5 Offices & F (Also Office Mon. -Fri. Monday — Friday Community Room Only has Building 8am-5pm 2080 High Ridge Road Prox Cards Galaxy Park Restroom Building M Restroom Dusk to Dawn Everyday 461 W. Boynton Bch Blvd. Building Intracoastal Park Clubhouse including 1st floor building apron Recreational Tue.-Sat. 10am-2pm and 2"d floor deck B Facility Rentals Monday — Saturday 2240 N. Federal Hwy. Intracoastal Park Main Pavilion Restroom Restrooms M Building Dawn to Dusk Everyday 2240 N. Federal Hwy. Intracoastal Park Restroom Restroom Building M Building Dawn to Dusk Everyday 2240 N. Federal Hwy. Jaycee Park Restroom Building Restroom Dawn to Dusk 2600 S. Federal Hwy. M Building Everyday Mon. -Thu. 9am-8:30pm Library No Key Recreational Saturday 9am-5pm Monday -Thursday 115 N. Federal Hwy. or Prox Card Facility * Cleaning needs to be and Saturday, Access done between lam & Including Mid -Day Closing.. Cleaning Mangrove Park Restroom Building M Restroom Dawn to Dusk Everyday 700 N.E. 4t' Ave. Building Meadows Park Restroom Building M Restroom Dawn to l Opm Everyday 4305 N. Congress Ave. Building Oceanfront Park Headquarters Code Office Building Dawn to Dusk 6415 N Ocean Blvd, OR 3124 Everyday Oceanfront Park Restroom Building M Restroom Dawn to Dusk Everyday, Including Mid -Day 6415 N Ocean Blvd, OR Building Cleaning Oceanfront Park Pavilion/Changing Restroom Rooms M Building Dawn to Dusk Everyday 6415 N Ocean Blvd, OR *RESTRICTED Monday -Wednesday -Friday ACCESS: Cleaning Police Substation #2 (Old FD2) Office Building should start by 9:00am 2210 S. Congress Ave. Prox. and be completed by Card 1:00 m. Palmetto Greens Park Restroom Restroom Building M Building Dawn to Dusk Everyday 421 N.E. 13t' Ave. Pence Park Restroom Building M Restroom Dawn to Dusk Everyday 400 S.E. 5` Ave. Building Pioneer Canal Park Restroom M Everyday Building Restroom Dawn to Dusk 848 N.W. 13t" Ave. Building Pistol Range Offices Mon. -Fri. 7am-6pm; >NOTE: BUILDING IS *RESTRICTED ALARMED Prox. Office Building ACCESS: Cleaning Monday -Wednesday -Friday 3501B N. Congress Ave. Card should start by 9:00am and be completed by IPM 31 Page 567 of 735 Public Works #1 (PWI) A& suis Office Building Mon. -Fri. 6am-5:30pm Monday — Friday 222 N.E. 9t' Ave. swAio *Dust between 9am and 4pm. Dusting of all Museum Exhibits. 141 East Ocean Avenue Public Works #2 (PW2) A Office Building Mon. -Sat. Monday — Friday 222 N.E. 9t'' Ave. *Clean between 1pm and 3pm. Additional Restroom Cleaning. 6am-5:30 m Public Works #3 (PW3) 222 N.E. 9t'' Ave. A Office Building Mon. -Fri. 6:30am-5:30pm Monday — Friday Sara Sims Parks A Recreational Dawn to 9pm Everyday 222 N.W. 9th Ave. Facility Boat Club Park Sunday -Saturday B, *Clean between 12noon and 2pm. Additional Restroom Cleaning. 2010 N. Federal Hwy. Senior Center Gate 7707, Recreational Mon. -Fri. 8am-4pm Monday — Friday 1021 S. Federal Hwy. &Spec Facility Saturday loam-2pm Light Rentals keys Wilson Park — Sims Center B Recreational Mon. -Fri. 8am-9pm Monday — Saturday 225 N.W. 12" Ave. Facility Rentals Wilson Park — Recreational Mon. -Fri. 8am-6pm Denson Pool Building B Facility Saturday Sam-5pm Monday - Saturday 225 N.W. 12' Ave. Rentals Midday Cleaning, Offsite PD office, and 1913 Museum Special Service: BUILDING Frequency Description of Service Re 'nested; 1913 Schoolhouse Once a week on Mondays. Museum *Dust between 9am and 4pm. Dusting of all Museum Exhibits. 141 East Ocean Avenue Library Mid -Day Mon.-Thurs. and Saturday Restroom Cleaning *Clean between 1pm and 3pm. Additional Restroom Cleaning. 115 N. Federal H Oceanfront Park Men's & Women's Mid -Day Sunday -Saturday Additional Restroom Cleaning. Clean *Clean between 12noon and 2pm. 6415 N. Ocean Blvd., OR Boat Club Park Sunday -Saturday Restroom Building *Clean between 12noon and 2pm. Additional Restroom Cleaning. 2010 N. Federal Hwy. Monday and Thursday Per Section 27 to 30, Task Schedule Police Sub -Station *Clean between 12noon and 2pm. 32 Page 568 of 735 Attachment "B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or hinder may he accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED ------------------------------------------------------------------------------------------------------------------------------------------- General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Liquor Liability Each Occurrence $ 1,000,000.00 Professional Liability Fire Damage (any one fire) $ 50,000.00 Employees & Officers Med. Expense (any one person) $ 5,000.00 Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Broad Form Property Damage Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 500,000.00 Any Auto Bodily Injury (per person) to be determined All Owned Autos Bodily Injury (per accident) to be determined Scheduled Autos Property Damage to be determined Hired Autos Trailer Interchange $ 50,000.00 Non -Owned Autos PIP Basic Intermodal ------------------------------------------------------------------------------------------------------------------------------------------- Garage Liability Auto Only, Each Accident $ 1,000,000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ 1,000,000.00 Aggregate $ 1,000,000.00 ------------------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined ------------------------------------------------------------------------------------------------------------------------------------------- Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit Builder's Risk Other- As Risk Identified 33 $ 300,000.00 Limits based on Project Cost to be determined Page 569 of 735 CITY OF BOYNTONBEACH BID DOCUMENT CHECKLIST* Initial each Required by required entry owner Submission Requirement and if required submit the item 0 Original and two (2) copies, along with one electronic copy on CD or flash drive of Bid Proposal documents submitted. Bid must be signed by an authorized officer of the company. 0 Acknowledgement of Addenda, if applicable 0 Statement of Bidder's Qualifications submitted 0 Schedule of Subcontractor's submitted 0 Non -collusion Affidavit submitted 0 Anti -Kickback Affidavit submitted 0 Confirmation of Minority Owned Business submitted 0 Confirmation of Drug Free Workplace submitted 0 Acknowledgement of Palm Beach County Inspector General submitted 0 Schedule of Subcontractors Form submitted 0 Local Business Status Certification Form submitted 0 Scrutinized Companies Form submitted 0 Copy of all Business Tax Receipt(s) along with License(s) of all subcontractor(s), if applicable 0 Up-to-date list submitted of current maintenance equipment, including brands and model numbers, if applicable 0 Bid Guarantee, if applicable (with Power of Attorney for full amount of Bid Bond) 0 Listing of anticipated staff with titles and contact information for Supervisory personnel 0 Price Sheets are signed? 0 Bidder's Site Inspection Confirmation form signed by authorized representative and submitted? *This form need not be submitted. It is provided for bidder's use in assuring compliance with all required documentation. 34 Page 570 of 735 BIDDER ACKNOWLEDGEMENT Submit Bids To: PURCHASING SERVICES 3301 Quantum Boulevard, Suite 101 Boynton Beach, Florida 33426 Telephone: (561) 742-6310 Bid Title: "JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID)" Bid Number: 010-2511-19/IT Bid Due: JANUARY 8, 2019, NO LATER THAN 2:30 P.M. (LOCAL TIME) Bids will be opened in Purchasing Services unless specified otherwise and may not be withdrawn within ninety (90) days after such date and time. All awards made as a result of this bid shall conform to applicable sections of the charter and codes of the City. Name of Bidder: Federal I.D. Number: A Corporation of the State of: Area Code: Telephone Number: Area Code: FAX Number: Mailing Address: City/State/Zip: Vendor Mailing Date: E -Mail Address: Authorized Signature Name Typed THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 371 of 735 BID NO. 010-2511-19/IT JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID SHEET TO: CITY OF BOYNTON BEACH The undersigned declares that he/she has carefully examined the specifications and is thoroughly familiar with its provisions and with the quality, type and grade of product/service called for. When submitting more than one bid proposal price for this product and/or service, indicate how many individual and/or combination item(s) are to be tabulated and considered. Attach a separate sheet for each. In accordance with the General Conditions, Special Conditions, Scope of Services and Technical Requirements, the undersigned bidder offers pricing and services as per the Electronic Bid Pricing Sheet attached herewith as Attachment A: Instruction for completing the Electronic Bid Pricing Sheet: 1. Download the Electronic Bid Pricing sheet, in Microsoft Excel format, from DemandStar.com. Respond to this bid by inputting the company's information and the unit pricing into the Excel spreadsheet. The price sheet is formatted. 2. Once the Electronic Bid Pricing Sheet is completed, bidder should save the Excel file. 3. Print the completed Electronic Bid Pricing Sheet; sign and date where indicated. 4. Bidder must submit, in one envelope, the printed signed Electronic Bid Pricing Sheet with the bidder's complete, original bid submission, as well as a complete copy of the bid with electronic bid pricing sheet saved in .xIs (Excel) format as per the General Conditions and Special Conditions. 5. If bidder is unable to electronically fill out the Electronic Bid Pricing Sheet with its bid submittal, bidder must submit a hardcopy of the Sheet with handwritten unit prices and extensions. 6. It is the Bidder's responsibility to monitor DemandStar for any issued addenda. Addenda may include revised Electronic Bid Pricing Sheets that will need to be downloaded, properly filled out, and submitted by the Bidder. NAME OF COMPANY: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 36 Page 572 of 735 BID NO. 010-2511-19/IT JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) COMPANY NAME STREET ADDRESS CITY, STATE, ZIPCODE TELEPHONE NUMBER BID SHEET (continued) NAME OF AUTHORIZED REPRESENTATIVE (PRINT) TITLE E-MAIL ADDRESS AUTHORIZED SIGNATURE THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 37 Page 573 of 735 BIDDER'S QUESTIONNAIRE The signatory of the Statement guarantees the truth and accuracy of all statements and of answers to all questions hereinafter made. Failure to complete and return this Statement, or any false statement therein may render a bid non-responsive at the sole discretion of the City of Boynton Beach. All portions of the Statement must be completed. Bid # Company Name Address Telephone E-mail Address 1. If a corporation, please answer the following: Date of Incorporation: In what state: President's Name: Vice President's Name: Secretary's Name: Treasurer's Name: 2. If a partnership, please answer the following: Date of Organization: General or association? Name and Address of each general partner 3. If neither a corporation nor partnership, please provide the following information: Type of business organization: Date of Organization: Name and Address of each principal: 4. Current State of Florida Certified Contractor's License Number Expiration Date 5. Name of license holder/ qualifying agent exactly as it appears on file with the State of Florida's Construction Industry Licensing Board: 6. Current City of Boynton Beach Occupational License Number (if applicable) Expiration Date 7. DUNS # THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 38 Page 574 of 735 8. Federal Employer ID # (FEIN) 9. Are you a Disadvantage Business Enterprise (DBE) or Woman -Owned Business Enterprise (WBE)? Yes ❑ No ❑ If yes, provide Certificate. 10. Are you a small business as defined by the SBA? Yes ❑ No ❑ If yes, number of employees 11. Number of years in business under this name: 12. Number of years in business under other names: 13. How many years' experience in performing the type of work called for in this bid? 14. In what other lines of business do you or your organization or any partners thereof have financial interests? 15. Does your firm have any officer, owner, employee or agent who is also an officer, employee or advisory board member of City of Boynton Beach? Yes ❑ No ❑ If yes, you may not submit a bid (see instructions to bidders). 16. Have you or your organization, or any office or partner thereof, failed to complete a contract? Yes ❑ No ❑ 17. Has your organization ever been assessed liquidated damages for failing to complete a Contract within the time specified in the Contract Documents? Yes ❑ No ❑ 18. Has your organization been assessed any penalties for non-compliance violations of the Federal or State Labor laws and/or regulations within the last five (5) years? Yes ❑ No ❑ 19. Does your organization have any outstanding judgments, demands or liens resulting from violating the State Labor laws, the Business and Professions Regulation statutes, Civil or Criminal decisions? Yes ❑ No ❑ 20. Have there been any suits, liens or surety claims against you or your organization over the past five (5) years for non-payment of sums due subcontractors or suppliers for work completed?Yes ❑ No ❑ 21. Has your organization been cited for violations of OSHA standards and requirements within the past 5 years? Yes ❑ No ❑ 22. Is either the Bidder or its principals presently debarred, suspended, proposed for disbarment, declared ineligible or voluntarily excluded from participation in this THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 39 Page 575 of 735 transaction by any Federal department or agency? Yes ❑ No ❑ 23. Provide a list of equipment available to perform the work. Attach additional sheets as needed. 24. Provide a list of anticipated staff with titles and contact information for Supervisory personnel. Attach additional sheets as needed. Please explain all questions answered "yes" in questions above on a separate sheet of paper along with this Statement, if necessary. Bidder must provide proof of a minimum of three (3) projects similar to this scope of services performed within the last five years: Project Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address Project Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address Project Name Location Description of Work Date of Contract Contract Award Amount Contact Person Telephone Number E-mail Address NON COLLUSION AFFIDAVIT OF PRIME BIDDER THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 40 Page 576 of 735 State of County of ) being first duly sworn, deposes and says that: 1) He is of (Title) (Name of Corporation or Firm) the bidder that has submitted the attached bid: 2) He is fully informed respecting the preparation and contents of the attached bid and of all pertinent circumstances respecting such bid; 3) Said bid is genuine and is not a collusive or sham bid; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other bidder, firm or person to submit a collusive or sham bid in connection with the Contract for which the attached bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, firm or person to fix the price or prices in the attached bid or of any other bidder, or to fix any overhead, profit or cost element of the bid price or the bid price of any other bidder, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed Subscribed and sworn to before me (Title) This day of , 20 My commission expires THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 31 Page 577 of 735 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH ) I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein bid will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my firm or by an officer of the corporation. M NAME - SIGNATURE Sworn and subscribed before me this day of 20 Printed Information: IRMA 4 TITLE NOTARY PUBLIC, State of Florida at Large COMPANY "OFFICIAL NOTARY SEAL" STAMP THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 578 of 735 CONFIRMATION OF MINORITY OWNED BUSINESS A requested form to be made a part of our files for future use and information. Please fill out and indicate in the appropriate spaces provided which category best describes your company. Return this form with your bid proposal sheet making it an official part of your bid response. Is your company a Minority Owned Business? Yes No If Yes, please indicate by an "X" in the appropriate box: ( ) AMERICAN INDIAN ( ) ASIAN ( ) BLACK ( ) HISPANIC ( ) WOMEN ( ) OTHER (specify) ( ) NOT APPLICABLE Do you possess a Certification qualifying your business as a Minority Owned Business? YES NO If YES, Name the Organization from which this certification was obtained and date: Issuing Organization for Certification Date of Certification THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 579 of 735 CONFIRMATION OF DRUG-FREE WORKPLACE Preference shall be given to businesses with drug-free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the City of Boynton Beach or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace program, a business shall: 1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4) In the statement specified in subsection (1), notify the employee that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. 44 Vendor's Signature THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Page 580 of 735 PALM BEACH COUNTY INSPECTOR GENERAL ACKNOWLEDGMENT The Contractor is aware that the Inspector General of Palm Beach County has the authority to investigate and audit matters relating to the negotiation and performance of this contract, and in furtherance thereof may demand and obtain records and testimony from the Contractor and its subcontractors and lower tier subcontractors. The contractor understands and agrees that in addition to all other remedies and consequences provided by law, the failure of the Contractor or its subcontractors or lower tier subcontractors to fully cooperate with the Inspector General when requested may be deemed by the municipality to be a material breach of this contract justifying its termination. CONTRACTOR NAME Title: Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE 45 Page 581 of 735 _LU H U Q LL a Z a _Z p _J m Q J _ _aw Uw � w m F- >- >-U H Q U� H Z O O U) U LU U� cn LL LUO LU J J a� �o OW ZU aCl) H r co N O TMM cz = U N � O � O N O (3) ° U C O O T -0 L U O U _0 M LD C O U cu U U) N � O � IL O O N co � U L O a� oU a) �U cu O L O U O N E O O i U 0 O U) La O L o U C +_' ca E5 L O a F t = L cn L CO Eco0 O) N U O -O O Q O a) a) r- N in a) E O .V O >, 0) "= M Q a) CL L °- un ° Q a) O U) L cn ° _ O U CU m L c O 0) O +r m i m C i O as U 4 o CL V = O i E O Z d N i d V J L O O W O V/ U) 4- 0 N O � V � L Q a Y O Y w� W E m Z W D m co CDE O U a� F - o -� N C y O N N N � L 0 0 00 o m C O M U) 0) L O C: _cz - ° � o O U " U) O O c6 Z L O Q O 0 N CD S Q L �L Q° 0 m Q i N 0 Y E L N O U 0 co to o � � C c° Q U) co C CO cp o ° =5 C: cn L 0 U N -0, 0 ° cn U 0 Q--r- -0 (D i + -0 0 0 (0 O_ CC (0 U tUS Q L � � O O O t a) Q� U a) cz L LU J as U a LU � U p Q an C3 OQ U- p H LU LU H d O fA p w w m W O LU Z t7 O a m w m =o LO m ti 0 N In a) (6 CITY OF BOYNTON BEACH LOCAL BUSINESS STATUS CERTIFICATION the (Name of officer of company) (Title of officer of company) , located at (Name of Corporation/Company) (Business Address) of Certify that I am an authorized representative of the business and, on behalf of the Business, request that it be deemed to be a local business for purposes of the City of Boynton Beach Local Preference Program. Answering yes to Question 1 and Question 2 below will qualify the business as a local business. In support of this request, I certify the following to be true and correct: NAME OF BUSINESS: 1. Is the business located within the City limits YES NO Number of Years: of Boynton Beach, Florida? 2. Does the business have a business tax YES NO Business License receipt issued in the current year? Number: 3. Is the business registered with the Florida YES NO Division of Corporations? I understand that misrepresentation of any facts in connection with this request may be cause for removal from the certified local business list. I also agree that the business is required to notify the City in writing should it cease to qualify as a local business. Print Name: Business License Verified by: Signature: ***FOR PURCHASING USE ONLY*** ❑ Year Established: ❑ Date: THIS PAGE TO BE SUBMITTED FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE Active: 47 Page 583 of 735 STATUTE § 287.135 on behalf of Print Name and Title Company Name that does not: Company Name certify 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services in any amount if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services over $1,000,000.00 that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Contractor, I hereby certify that the company identified above in the section entitled "Contractor Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to have submitted a LR Page 584 of 735 false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME 11 Led TITLE Page 585 of 735 STATEMENT OF NO BID If you are not bidding this service/commodity, please complete and return this form to: PROCUREMENT SERVICES, City of Boynton Beach, 3301 Quantum Blvd., Suite 101, Boynton Beach, Florida 33426. Failure to respond may result in deletion of vendor's name from the qualified bidder's list for the City of Boynton Beach. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: WE, the undersigned have declined to bid on your Bid No.: 010-2511-19/IT for "JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID)" because of the following reasons: Specifications too "tight", i.e., geared toward brand or manufacturer only (explain below) Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Unable to meet bond requirements Specifications unclear (explain below) Other (specify below) REMARKS: 01 Page 586 of 735 MANDATORY BIDDER'S SITE INSPECTION CONFIRMATION BID TITLE: JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID NUMBER: 010-2511-19/IT DATE: Before me, the undersigned authority, authorized to take acknowledgements personally appeared: as an authorized representative of: (hereinafter called the bidder) located at and that said bidder has visited the site of the work and has carefully examined the plans and specifications for said project and checked them in detail before submitting his bid or proposal. B IILDINO On-Site,City Representative's s1 nature ' Date of visit' City Hall Bldg. 3301 Quantum Blvd., Suite 101 Billing/Police Sub-station/Internal Affairs 209 N. Seacrest Ave Police Department 2045 High Ridge Road 51 Page 587 of 735 The City of Bounton 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 February 7, 2022 Matt Giunco Clean Space, Inc. (formerly Kelly Janitorial Systems, Inc.) P.O. Box 670577 Coral Springs, FL 33067 VIA EMAIL TRANSMITTAL TO: mgCcDcleanspaceonline.com BID: JANITORIAL SERVICES FOR CITY MUNICIPAL BUILDINGS AND FACILITIES (REBID) BID No.: 010-2511-19/IT AGREEMENT TERM: MARCH 1, 2022—FEBRUARY 28, 2023 Dear Mr. Giunco: At the Commission Meeting of February 1, 2022, the City Commission approved the one-year agreement renewal for "Janitorial Services for City Municipal Buildings and Facilities" to Clean Space, Inc. (formerly Kelly Janitorial Systems, Inc). The City of Boynton Beach looks forward to working with Clean Space, Inc. (formerly Kelly Janitorial Systems, Inc). If you should have any questions, please do not hesitate to contact Taralyn Pratt, Contract Administrator by email to prattt(abbfl.us or at (561) 742-6308. Sincerely, w Mara Frederiksen Director of Financial Services Cc: Gail Mootz, Project Supervisor Adrianna Greco-Arencibia, Assistant to Director - PW tp America's Gateway to the Gulf Stream Page 588 of 735 7.E. 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 August 16, 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). DESCRIPTION RENEWAL VENDOR(S) OF SOLICIATION NUMBER TERM AMOUNT SOLICIATION City of Tucson with Omnia Partners - January 1, 2023 - Annual W.W. Hardware and national Cooperative Contract for RFP December 31, Estimated Grainger, Inc. Safety Supplies #192163 2023 Expenditure $120,000 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: Page 589 of 735 Is this a grant? Grant Amount: Attachments: Type D AltachiiTieint D Altachirneint Description Rid Extensions and Fliggy Backs oveir $100,000 FReinewal II inteirest I ¢.,-;,lteir VV,.W,. Grainger, Ilinc 2022 2023 Page 590 of 735 RE CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS OVER $100,000 August 16, 2022 REQUESTING DEPARTMENT: MATERIALS AND DISTRIBUTION DEPARTMENT CONTACT: Mike Dauta TERM: January 1, 2023, to December 31, 2023 SOURCE FOR PURCHASE: City of Tucson with Omnia Partners RFP # 192163 ACCOUNT NUMBER: 502-0000-141-0100 VENDOR(S): W.W. Grainger Inc. ANNUAL ESTIMATE. $120,000 DESCRIPTION: On November 11, 2019, City Commission approved the utilization of the City of Tucson with Omnia Partners Contract for Hardware and Safety Supplies for $70,000. On, August 4, 2020, City Commission approved an increase for a total of $120,000. The vendor has agreed to renew the Contract for the one-year renewal option thru December 31, 2023. This is for purchases such as various tools, pallet jacks, carts, batteries, safety vests and a wide variety of other products. CONTRACT ADDENDUM CITY OF TUCSON BUSINESS SERVICES DEPARTMENT CONTRACT # 192163 255 W. ALAMEDA, 6TH FLOOR, TUCSON, AZ 85701 CONTRACT ADDENDUM NUMBER: TEN (10) P.O. BOX 27210, TUCSON, AZ 85726 PAGE 1 of I PHONE: (520) 837-41371 FAX: (520) 791-4735 im Jenn.Myers@tucsonaz.gov PROCUREMENT MANAGER: JENN MYERS ISSUE DATE: May 27, 2022 MAINTENANCE, REPAIR AND OPERATIONS (MRO) SUPPLIES, PARTS, I EQUIPMENT, MATERIALS AND RELATED SERVICES THIS CONTRACT IS AMENDED AS FOLLOWS: ITEM ONE (1): TERM AND RENEWAL In accordance with Contract Special Terms and Conditions, Paragraph 7, "Term and Renewal", the City hereby exercises its option to renew the contract for the period of January 1. 2023, through December 31, 2023. f, ALL OTHER PROVISIONS OF THE CONTRACT SHALL REMAIN IN THEIR ENTIRETY. CONTRACTOR: W.W. Grainger, Inc CrTY OF TUCSON: CONTRACTOR HEREBY ACKNOWLEDGES RECEIPT OF AND UNDERSTANDING OF THE ABOVE AMENDMENT 6 11 / to Z Signature of person authorized to eig& Date Name and Title (typed or printed legibly) Company Name 10 ft,9106a PA&W14Y Address VEA), LOWLER&A-Alk(AL COd Email Address � l�E &&6f r c. (1/1 6 0 IV City State Zip Contact information for Sales/Account Representative for daily business operations: AAIG&,4 H066(A Name and Title (typed or printed legibly) 4 eo -1109 - 102 L/ Phone Number ky— & F— L 0 Email Address THE ABOVE REFERENCED CONTRACT AMENDMENT IS HEREBY EXECUTED THIS 1 St DAY OF June 2022, AT TUCSON, ARIZONA. for Director of Businio ,�9SWi—ces id not personally Page 592 of 735 7. F. Consent Bids and Purchases Over $100,000 8/16/2022 Requested Action by Commission: Approve the employee group medical, dental, vision, long term disability, and short term disability insurance programs and recommended employer subsidies for Fiscal Year 22-23 and authorize City Manager to sign any required documents. (1) PROPOSED RESOLUTION NO. R22-111 - Approve and authorize City Manager to sign documents with United Healthcare for City's group Medical Insurance for the plan year October 1, 2022 through September 30, 2023; (2) PROPOSED RESOLUTION NO. R22-112 - Approve and authorize City Manager to sign documents with United Healthcare for City's group Dental Insurance for the plan year October 1, 2022 through September 30, 2023; (3) PROPOSED RESOLUTION NO. R22-113 - Approve and authorize City Manager to sign documents with United Healthcare for City's group Vision Insurance for the plan year October 1, 2022 through September 30, 2023; (4) PROPOSED RESOLUTION NO. R22-114 - Approve and authorize City Manager to sign documents with Unum for City's group Short Term Disability and Long Term Disability Insurance for the plan year October 1, 2022 through September 30, 2023 Explanation of Request: The City's Benefits Consultant, the Gehring Group, has negotiated rates for the medical, dental, and vision insurance with United Healthcare and for the short term and long term disability insurance with Unum. Staff recommends accepting these rates. Insurance is exempt from a formal bid process pursuant to the City's procurement policy. (1) Medical Insurance United Healthcare proposed a plan identical to the City's current fully insured High Deductible Health Plan (HDHP) with 5% increase in premiums, which equates to an estimated annualized increase of $374,036 based on current enrollment. Staff recommends accepting the renewal for medical insurance. The current monthly premiums compared to the newly proposed monthly premiums for this plan are as follows for the time period October 1, 2022 through September 30, 2023: Current Renewal Difference FY 21/22 FY 22/23 Employee 620 $704.87 $740.11 $35.24 Employee + Spouse 34 $1,449.86 $1,522.35 $72.49 Employee + Child(ren) 44 $1,311.77 $1,377.35 $65.58 Employee + Family 42 $1,890.95 $1,985.49 $94.54 Page 593 of 735 Total Est. Annualized Cost $7,481,429 $7,855,465 $374,036 Premium Reduction: All Dependent Coverage for active employees The City pays 100% of the premium for employee medical insurance. Staff is recommending to absorb the premium increase for dependent coverage as we have in the past two years. The total premium reduction equates to 12.5% from FY20-21, 3% for FY21-22, and 5% for FY22-23, which has an estimated annualized increase in cost of $160,290 based on current enrollment. Premium Adjustment: Child(ren) and Family Coverage for active employees Staff is recommending that the City continue to provide a premium adjustment in the amount of $375.00/per month to assist in keeping medical insurance more affordable and competitive with surrounding municipalities. This annualized premium adjustment for FY 22-23 is estimated to be $387,000 based on current enrollment. Employee Rate Chart Based on accepting the premium reductions and subsidies, the following chart shows the monthly premiums that would be charged to employees for medical insurance for the time period October 1, 2022 through September 30, 2023: FY 22/23 Employee $0.00 Employee + Spouse $621.88 Employee + Child(ren) $163.47 Employee + Family $552.35 (2) Dental Insurance United Healthcare proposed a plan identical to the City's current dental plan design with no increase in premiums. Staff recommends accepting the renewal for dental insurance. The monthly premiums for this plan are as follows for the Plan Year October 1, 2022 through September 30, 2023: FY 22/23 Employee $37.46 Employee + Family $104.79 (3) Vision Insurance United Healthcare proposed a plan identical to the City's current vision plan design with no increase in premiums. Staff recommends accepting the renewal for vision insurance. The newly proposed monthly premiums for this plan are as follows for the Plan Year October 1, 2022 through September 30, 2023: FY 22/23 Employee $4.40 Employee + Family $13.39 (4) Long Term Disability Insurance Unum proposed a plan identical plan to the City's current long-term disability plan design with no increase in premiums. Staff recommends accepting the renewal for long term disability insurance. (5) Short Term Disability Insurance Unum proposed a plan identical plan to the City's current short-term disability plan design with no increase in premiums. Staff recommends accepting the renewal for short term disability insurance. How will this affect city programs or services? Maintaining competitive insurance plans is critical to attracting and retaining employees. Page 594 of 735 Fiscal Impact: The fiscal impact Citywide (inclusive of all funds) for FY22-23 is as follows: Coverage Medical Dental Vision Long Term Disability Short Term Disability TOTAL ESTIMATED ANNUALIZED COST Renewal FY 22/23 % Change $ 7,237,045 5% $ 635,280 0% $ 68,010 0% $ 98,349 0% $ 163,982 0% $8,202,666 Insurance is budgeted in each department's respective insurance line items. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 595 of 735 Type Description D Resolution FResolk.Alon No, IR22.,.111 appirovingAgireeiment wi th U I IC forMediclal lI insuiraince D E)hlt)H. E)dlibit A Agireernemnt United I lealthcam (Medcal) D Resdlufioir� FResolutloin No.. FR22 112 appirmAing Agireleiryleir-A W tl'-� L.J I IC for 1..)ental D Exhibit E)d-dt)it A Agireeimeint Lfinited I lealthcaire EC.)ental) D Resolution 113 FRc.-msouiblon No. R22 qppiruhng Agreeim(.,..�,irfl. VA th L.l) I ICII for VisFion D E)hlblt Exha lbit A Agreeiment United I lealthcaire (Visbin) D Resolution FResoluition No. FR22 114 appiro�Ain( S"M & I FD Wflh LYNLYM D Exhibit E)hbit A greeeimerfl. ... Uim..jirn (S"M & I PD) D Adder-duim G61,i1riing Group I nRlirairnce Fllairs FR ate Suirninnairy D AddeindLlirn Uinited I iedIthcaire Coinflirinlation of Rates D Addend,.jirn Unurn Confirimaboin of Rakas Page 596 of 735 1 RESOLUTION NO. R22-111 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AN AGREEMENT WITH UNITED HEALTHCARE 6 INSURANCE COMPANY FOR GROUP MEDICAL INSURANCE 7 FROM OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023; 8 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN THE 9 PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation 14 of staff, deems it to be in the best interests of City employees to approve a one (1) year Provider 15 Agreement with United HealthCare Insurance Company for the Medical insurance plan for a 16 term commencing October 1, 2022 to September 30, 2023, for city employees. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 23 24 25 26 27 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve an Agreement with United HealthCare Insurance Company for the Medical insurance plan for City employees for a one-year term commencing October 1, 2022 to September 30, 2023, a copy of which is attached hereto as Exhibit "A". Section 3. The Interim City Manager is authorized to sign the Provider Agreement with United HealthCare Insurance Company. Section 4. That this Resolution shall become effective immediately upon passage. -1- S:ACA\RESO\Agreements\Unitedhealth care Medical Insurance 2022-23 - Reso.Docx Page 597 of 735 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 PASSED AND ADOPTED this day of August, 2022. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney -2- S:ACA\RESO\Agreements\Unitedhealth care Medical Insurance 2022-23 - Reso.Docx Page 598 of 735 Exhibit "A" AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BENEFITS PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and UNITED HEALTHCARE INSURANCE COMPANY., hereinafter referred to as "PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The PROVIDER is retained by the City to provide Group Medical Insurance. 2. SCOPE OF SERVICES. PROVIDER agrees to provide medical plan insurance services, at the rates attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROVIDER to proceed. PROVIDER shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for an initial period of one (1) years commencing October 1, 2022 through September 30, 2023. The City of Boynton Beach may extend the contract with the same terms and conditions for an additional three (3), one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the 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. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the PROVIDER, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by PROVIDER shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROVIDER shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROVIDER may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROVIDER in the amount approved. c. Final payment of any balance due the PROVIDER of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The PROVIDER'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. Page 599 of 735 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The PROVIDER shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. PROVIDER 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. 8. INDEMNIFICATION. PROVIDER 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 PROVIDER's own employees, or damage to property occasioned by a negligent act, omission or failure of the PROVIDER. 9. INSURANCE. The PROVIDER shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; 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. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or Aliil63-3991 1-3 10. INDEPENDENT CONTRACTOR. The PROVIDER and the City agree that the PROVIDER 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 PROVIDER nor any employee of PROVIDER 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 PROVIDER, or any employee of PROVIDER. Page 600 of 735 11. COVENANT AGAINST CONTINGENT FEES. The PROVIDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER, 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 PROVIDER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The PROVIDER, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The PROVIDER shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. 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. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the PROVIDER. b. In the event of the death of a member, partner or officer of the PROVIDER, or any of its supervisory personnel assigned to the project, the surviving members of the PROVIDER 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 PROVIDER and the City, if the City so chooses. 16. 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. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: James Stables, Interim City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to PROVIDER shall be sent to the following address: UNITEDHEALTHCARE INSURANCE CO 185 Asylum Street Hartford, CT 06103-0450 Page 601 of 735 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the PROVIDER 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 PROVIDER. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: MAYLEE DE JESUS, CITY CLERK PO BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 561-742-6061 DEJESUSM@BBFL.US Page 602 of 735 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E -Verify. COMPANY certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. a. Definitions for this Section. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. b. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; All persons (including subvendors / subconsultants/ subcontractors) assigned by Contractor to perform work pursuant to the contract with the Page 603 of 735 City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and iii. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 604 of 735 DATED this day of , 2022. CITY OF BOYNTON BEACH UNITED HEALTHCARE INSURANCE COMPANY James Stables, Interim City Manager Attest/Authenticated: Maylee De Jesus, City Clerk Approved as to Form: Michael D. Cirullo, Jr., City Attorney Signature of Authorized Official Title (Corporate Seal) Attest/Authenticated: Secretary Page 6705 of 735 EXHIBIT A SCOPE OF SERVICES MEDICAL PLAN RATE SHEET Coverage Level Monthly Rate Employee Only $ 740.11 Employee + Spouse $1,522.35 Employee + Child(ren) $1,377.35 Employee + Family $1,985.49 Rate Guarantee Period: 10/01/2022 through 09/30/2023 Page 606 of 735 1 RESOLUTION NO. R22-112 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AN AGREEMENT WITH UNITED HEALTHCARE 6 INSURANCE COMPANY FOR GROUP DENTAL INSURANCE 7 FROM OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023; 8 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN THE 9 PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation 14 of staff, deems it to be in the best interests of City employees to approve a one (1) year Provider 15 Agreement with United HealthCare Insurance Company for the dental insurance plan for a term 16 commencing October 1, 2022 to September 30, 2023, for city employees. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 23 24 25 26 27 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve an Agreement with United HealthCare Insurance Company for the dental insurance plan for City employees for a one-year term commencing October 1, 2022 to September 30, 2023, a copy of which is attached hereto as Exhibit "A". Section 3. The Interim City Manager is authorized to sign the Provider Agreement with United HealthCare Insurance Company. Section 4. That this Resolution shall become effective immediately upon passage. -1- S:ACA\RESO\Agreements\Unitedhealth care Dental Insurance 2022-23 - Reso.Docx Page 607 of 735 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 PASSED AND ADOPTED this day of August, 2022. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney -2- S:ACA\RESO\Agreements\Unitedhealth care Dental Insurance 2022-23 - Reso.Docx Page 608 of 735 Exhibit "A" AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BENEFITS PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and UNITEDHEALTHCARE INSURANCE COMPANY, hereinafter referred to as "PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The PROVIDER is retained by the City to provide Dental Insurance. 2. SCOPE OF SERVICES. PROVIDER agrees to provide dental plan insurance services at the rates attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROVIDER to proceed. PROVIDER shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for an initial period of one (1) year commencing October 1, 2022 through September 30, 2023. The City of Boynton Beach may extend the contract with the same terms and conditions for an additional two (2), one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the 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. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the PROVIDER, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by PROVIDER shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROVIDER shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROVIDER may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROVIDER in the amount approved. c. Final payment of any balance due the PROVIDER of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The PROVIDER'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. Page 609 of 735 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The PROVIDER shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. PROVIDER 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. 8. INDEMNIFICATION. PROVIDER 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 PROVIDER's own employees, or damage to property occasioned by a negligent act, omission or failure of the PROVIDER. 9. INSURANCE. The PROVIDER shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; 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. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The PROVIDER and the City agree that the PROVIDER 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 PROVIDER nor any employee of PROVIDER 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 PROVIDER, or any employee of PROVIDER. Page 610 of 735 11. COVENANT AGAINST CONTINGENT FEES. The PROVIDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER, 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 PROVIDER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The PROVIDER, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The PROVIDER shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. 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. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the PROVIDER. b. In the event of the death of a member, partner or officer of the PROVIDER, or any of its supervisory personnel assigned to the project, the surviving members of the PROVIDER 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 PROVIDER and the City, if the City so chooses. 16. 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. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: James Stables, Interim City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to PROVIDER shall be sent to the following address: UNITEDHEALTHCARE INSURANCE CO 185 Asylum Street Hartford, CT 06103-0450 Page 611 of 735 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the PROVIDER 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 PROVIDER. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: MAYLEE DE JESUS, CITY CLERK PO BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 561-742-6061 DEJESUSM@BBFL.US Page 612 of 735 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E -Verify. COMPANY certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. a. Definitions for this Section. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. b. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; Page 613 of 735 ii. All persons (including subvendors / subconsultants/ subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and iii. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 614 of 735 DATED this day of CITY OF BOYNTON BEACH James Stables, Interim City Manager Attest/Authenticated: Maylee De Jesus, City Clerk Approved as to Form: Michael Cirullo, City Attorney , 20 UNITEDHEALTHCARE INSURANCE COMPANY Signature of Authorized Official Title Attest/Authenticated: Secretary (Corporate Seal) Page 6715 of 735 EXHIBIT A SCOPE OF SERVICES DENTAL PPO PLAN RATE SHEET Coverage Level Monthly Rate Employee Only $ 37.46 Employee + Family $104.79 Rate Guarantee Period: 10/01/2022 through 09/30/2023 Page E16 of 735 1 RESOLUTION NO. R22-113 2 3 4 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 5 APPROVING AN AGREEMENT WITH UNITED HEALTHCARE 6 INSURANCE COMPANY FOR GROUP VISION INSURANCE 7 FROM OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023; 8 AUTHORIZING THE INTERIM CITY MANAGER TO SIGN THE 9 PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE 10 DATE. 11 12 13 WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation 14 of staff, deems it to be in the best interests of City employees to approve a one (1) year Provider 15 Agreement with United HealthCare Insurance Company for the vision insurance plan for a term 16 commencing October 1, 2022 to September 30, 2023, for city employees. 17 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 18 BOYNTON BEACH, FLORIDA, THAT: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 23 24 25 26 27 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve an Agreement with United HealthCare Insurance Company for the vision insurance plan for City employees for a one-year term commencing October 1, 2022 to September 30, 2023, a copy of which is attached hereto as Exhibit "A". Section 3. The Interim City Manager is authorized to sign the Provider Agreement with United HealthCare Insurance Company. Section 4. That this Resolution shall become effective immediately upon passage. -1- S:ACA\RESO\Agreements\Unitedhealth care Vision Insurance 2022-23 - Reso.Docx Page 617 of 735 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 PASSED AND ADOPTED this day of August, 2022. ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga YES NO Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney -2- S:ACA\RESO\Agreements\Unitedhealth care Vision Insurance 2022-23 - Reso.Docx Page 618 of 735 Exhibit "A" AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BENEFITS PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and UNITEDHEALTHCARE INSURANCE COMPANY, hereinafter referred to as "PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The PROVIDER is retained by the City to provide Vision Insurance. 2. SCOPE OF SERVICES. PROVIDER agrees to provide vision plan insurance services at the rates attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROVIDER to proceed. PROVIDER shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for an initial period of three (3) years commencing October 1, 2022 through September 30, 2023. The City of Boynton Beach may extend the contract with the same terms and conditions for an additional, one-year renewal term 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. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the PROVIDER, the fees as set forth in Exhibit B, Fees and Payments, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by PROVIDER shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROVIDER shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROVIDER may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROVIDER in the amount approved. c. Final payment of any balance due the PROVIDER of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The PROVIDER'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. Page 619 of 735 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The PROVIDER shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. PROVIDER 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. 8. INDEMNIFICATION. PROVIDER 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 PROVIDER's own employees, or damage to property occasioned by a negligent act, omission or failure of the PROVIDER. 9. INSURANCE. The PROVIDER shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; 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. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The PROVIDER and the City agree that the PROVIDER 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 PROVIDER nor any employee of PROVIDER 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 PROVIDER, or any employee of PROVIDER. 11. COVENANT AGAINST CONTINGENT FEES. The PROVIDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely Page 620 of 735 for the PROVIDER, 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 PROVIDER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The PROVIDER, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The PROVIDER shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. 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. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the PROVIDER. b. In the event of the death of a member, partner or officer of the PROVIDER, or any of its supervisory personnel assigned to the project, the surviving members of the PROVIDER 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 PROVIDER and the City, if the City so chooses. 16. 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. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: James Stables, Interim City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to PROVIDER shall be sent to the following address: UNITED HEALTHCARE INSURANCE CO 185 Asylum Street Hartford, CT 06103-0450 Page 621 of 735 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the PROVIDER 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 PROVIDER. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: MAYLEE DE JESUS, CITY CLERK PO BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 561-742-6061 DEJESUSM@BBFL.US Page 622 of 735 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Contractor of the City's determination concerning the false certification. Contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E -Verify. COMPANY certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. a. Definitions for this Section. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. b. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; All persons (including subvendors / subconsultants/ subcontractors) assigned by Contractor to perform work pursuant to the contract with the Page 623 of 735 City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and iii. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 624 of 735 DATED this day of CITY OF BOYNTON BEACH James Stables, Interim City Manager Attest/Authenticated: Maylee De Jesus, City Clerk Approved as to Form: Michael Cirullo, City Attorney , 20 UNITED HEALTHCARE INSURANCE COMPANY Signature of Authorized Official Title (Corporate Seal) Attest/Authenticated: Secretary Page 6725 of 735 EXHIBIT A SCOPE OF SERVICES VISION PLAN RATE SHEET Coverage Level Monthly Rate Employee Only $ 4.40 Employee + Family $13.39 Rate Guarantee Period: 10/01/2022 through 09/30/2023 Page 151426 of 735 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION NO. R22-114 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AGREEMENT WITH UNUM LIFE INSURANCE COMPANY OF AMERICA (UNUM) FOR GROUP SHORT TERM DISABILITY AND LONG TERM DISABILITY INSURANCE FROM OCTOBER 1, 2022 THROUGH SEPTEMBER 30, 2023; AUTHORIZING THE INTERIM CITY MANAGER TO SIGN THE PROVIDER AGREEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of City employees to approve a Provider Agreement with Unum for the Short Term Disability and Long Term Disability Insurance plan for a term commencing October 1, 2022 to September 30, 2023, for City employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption 22 hereof. 23 24 25 26 27 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve an Agreement with Unum for the Short Term Disability and Long Term Disability Insurance plan for City employees for a term commencing October 1, 2022 to September 30, 2023, a copy of which is attached hereto as Exhibit "A". Section 3. The Interim City Manager is authorized to sign the Provider Agreement with Unum. -1- S:ACA\RESO\Agreements\Unum Long Term Disability Insurance 2022-2023 - Reso.Docx Page 627 of 735 29 30 Section 4. That this Resolution shall become effective immediately upon passage. 31 PASSED AND ADOPTED this day of August, 2022. 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 ATTEST: 52 53 54 Maylee De Jes6s, MPA, MMC 55 City Clerk 56 57 58 (Corporate Seal) 59 60 61 62 63 CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE YES NO Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney -2— S:ACA\RESO\Agreements\Unum Long Term Disability Insurance 2022-2023 - Reso.Docx Page 628 of 735 Exhibit "A" SUBJECT TO REVISIONS PRIOR TO SIGNING. AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND BENEFITS PROVIDER THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and UNUM LIFE INSURANCE COMPANY OF AMERICA, hereinafter referred to as "PROVIDER", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The PROVIDER is retained by the City to provide Short Term Disability and Long Term Disability Insurance. 2. SCOPE OF SERVICES. PROVIDER agrees to perform the services at the rates attached hereto as Exhibit A. 3. TIME FOR PERFORMANCE. Work under this agreement shall commence upon written notice by the City to the PROVIDER to proceed. PROVIDER shall perform all services and provide all work product required pursuant to this agreement upon written notice to proceed. 4. TERM: This Agreement shall be for an initial period of one (1) year commencing October 1, 2022 through September 30, 2023. The City of Boynton Beach may extend the contract with the same terms and conditions for three (3) additional, one-year renewal terms subject to vendor acceptance, satisfactory performance and determination that renewal will be in the best interest of the City. At the 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. The Firm shall be compensated at the rate in effect when this extension period is invoked by the City. 5. PAYMENT: The City will pay the PROVIDER, the fees as set forth in Exhibit A, which is attached hereto and made a part hereof. These fees will be paid by the City for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by PROVIDER shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to PROVIDER shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or her designee. b. The PROVIDER may submit invoices to the City once per month during the progress of the work for partial payment for project completed to date. Such invoices will be reviewed by the City, and upon approval thereof, payment will be made to the PROVIDER in the amount approved. c. Final payment of any balance due the PROVIDER of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The PROVIDER'S records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) Page 629 of 735 years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Firm in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The PROVIDER shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Firm's endeavors. 7. COMPLIANCE WITH LAWS. PROVIDER 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. 8. INDEMNIFICATION. PROVIDER 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 PROVIDER's own employees, or damage to property occasioned by a negligent act, omission or failure of the PROVIDER. 9. INSURANCE. The PROVIDER shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000,000 aggregate with defense costs in addition to limits; 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. Consultant shall notify the City in writing within thirty (30) days of any claim filed or made against its Professional Liability Insurance Policy. Consultant acknowledges that the City is relying on the competence of the Consultant to design the project to meet its functional intent. If it is determined during construction of the project that changes must be made due to Consultant's negligent errors and omissions, Consultant shall promptly rectify them at no cost to City and shall be responsible for additional costs, if any, of the project to the proportional extent caused by such negligent errors or omissions 10. INDEPENDENT CONTRACTOR. The PROVIDER and the City agree that the PROVIDER 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 PROVIDER nor any employee of PROVIDER 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 PROVIDER, or any employee of PROVIDER. Page 630 of 735 11. COVENANT AGAINST CONTINGENT FEES. The PROVIDER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the PROVIDER, 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 PROVIDER, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The PROVIDER, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The PROVIDER shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 14. 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. 15. TERMINATION. a. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the PROVIDER. b. In the event of the death of a member, partner or officer of the PROVIDER, or any of its supervisory personnel assigned to the project, the surviving members of the PROVIDER 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 PROVIDER and the City, if the City so chooses. 16. 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. 17. NOTICES. Notices to the City of Boynton Beach shall be sent to the following address: James Stables, Interim City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to PROVIDER shall be sent to the following address: UNUM LIFE INSURANCE COMPANY OF AMERICA 1 E. Broward Blvd., Suite 801 Page 631 of 735 Ft. Lauderdale, FL 33301 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the PROVIDER 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 PROVIDER. 19. PUBLIC RECORDS. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: MAYLEE DE JESUS, CITY CLERK PO BOX 310 BOYNTON BEACH, FLORIDA 33425-0310 561-742-6061 PYLEJ@BBFL.US 20. SCRUTINIZED COMPANIES -- 287.135 AND 215.473 By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. Contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies Page 632 of 735 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. 21. E -Verify. COMPANY certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. a. Definitions for this Section. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. ii. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. iii. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. b. Registration Requirement; Termination. Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: i. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; All persons (including subvendors / subconsultants/ subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and Page 633 of 735 iii. 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. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. Page 634 of 735 DATED this day of CITY OF BOYNTON BEACH James Stables, Interim City Manager Attest/Authenticated: Maylee De Jesus, City Clerk Approved as to Form: Michael Cirullo, City Attorney , 20 UNUM LIFE INSURANCE COMPANY OF AMERICA Signature of Authorized Official Title (Corporate Seal) Attest/Authenticated: Secretary Page 6735 of 735 EXHIBIT A SHORT TERM DISABILITY AND LONG TERM DISABILITY RATES ATTACHED HEREWITH Your 2022 Unum renewal Page 61436 of 735 h D 0 (W V 1J d !- a ,ll a o a a a a o a a a v 3 0 0 0 0 0 0 0 0 0 0 O O + N z 00 O O O O O O c Ln Ln m m Ln Ln Ln L L L O + + + + + + + + 0 +�+ Ln O 0 0 Ln M 0 C) 0 0 0 D 0 d m cu m U a _ j., V? 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E E = )§ a y 0%_!§ o o r r E m a 2 3 \ / 4 2///\# 1 2 <131D 2 7 CL}} J \ m q � 0 & � co m 7 n � UnitedHealthcarer 3100 SW 145" Avenue Miramar, FL 33331 July 25, 2022 Julie Oldbury, Director of Human Resources and Risk Management City of Boynton Beach 100 East Ocean Avenue Boynton Beach, FL 33435 Dear Julie: UHC is pleased to offer the following renewal package to the City of Boynton Beach effective 10/1/2022 through 9/30/2023. Medical Benefits: Choice Plus HSA Plan AHM7 Mod / RX Plan 125 -HSA Mod $2500 / $5000 deductible; 100% coinsurance; $5,000/$6,550 out of pocket maximum Renewal Includes: $50,000 Wellness Budget, $30,000 Technology Budget, $2 month/account HSA Banking Fee Employee $ 740.11 Employee + Spouse $1,522.35 Employee + Child(ren) $1,377.35 Family $1,985.49 In addition, there will be no change to the dental, vision, or EAP rates for the 2022-23 plan year. Please acknowledge your acceptance of the renewal rates by signing below and returning to our office. James Stables, Interim City Manager Sincerely, La t wcv Cha4e/ Laura Chase Strategic Account Executive 954-378-0552 Page 647 of 735 Lr ,a lire 12 liiiC[l I„ Uui c01111tihiilu e f III'' auirfuirmeuirallll° Illllllf we cart h best aellllaUoiii,1e inleet yolillir (.euir111gminy' ecellllchin uineeds r,uuir liiui°mui ovatuice Ill (.uiiiefilfe aind eiureuk.es Iidlllp you o°Iffeur tllhe youiiir euinrilll llb eea waii liiitallh ellhdl ces of ceceira e to fiirt eveiry lllle stage As we begin the new coverage year together, Unum's goal remains the same: to serve as your partner in providing critical financial protection benefits to your valued employees. We know that cost and value are important to you when selecting a benefits partner. That's why we're giving you this renewal summary sheet — so you can see the stable cost of the valuable protection your employees receive. Thanks again for your continued partnership with Unum. Your business is important to us, and supporting you is our top priority. We pledge to serve you every step of the way — and to be there for your employees when they need it most. If you have any questions about your rates and renewal, please contact your broker or Unum representative, Jason Bernstein, at 813-207-2607 or by email at JBernstein@unum.com. Please refer to your existing group contract(s) for details of coverage including exclusions, limitations, renewability, and termination provisions. Group insurance is underwritten by: Unum Life Insurance Company of America, Portland, Maine In New York, underwritten by: First Unum Life Insurance Company, New York, New York unum.com © 2014 Unum Group. All rights reserved. Unum is a registered trademark and marketing brand of Unum Group and its insuring subsidiaries. MK -3201 (3-14) FOR BROKERS AND EMPLOYERS 10.A. Unfinished Business 8/16/2022 Requested Action by Commission: Proposed Resolution No. R22-099 - Approve First Substantial Amendment to the CDBG Annual Action Plan Fiscal Year (FY) 2021, to reallocate leftover funds from FY 2015, 2016, 2017, 2018, 2019, and 2020, to fund a public improvement activity. Explanation of Request: A substantial plan amendment is required when significant changes are identified for any new projects or current projects that require a change in the budget amount in excess of 50 percent. In past years, the City has funded projects that did not need to use their entire allocation, leaving the City with "leftover" dollars from previous program years. The previously funded activities include Planning and Administration, Housing Rehabilitation, and Public Services. The City currently has $1,072,040.00 in past year's funds that need to be (re)allocated. None of these dollars can be used to fund public services or administration, as the CAP has already been met for those years. These funds are comina from the below listed vears: Sources of CDBG Funds FY 2015 $69,971.81 FY 2016 10,804.00 FY 2017 40,140.93 FY 2018 484,222.47 FY 2019 374, 774.50 FY 2020 92,126.29 Total $1,072,040.00 The following options are eligible for use of the City's leftover/rollover CDBG Funds, further detail on each item is attached: • New Home Development/First-Time Homebuyer • Supportive Housing • Owner -Occupied Rehab • Senior Rental Housing Program • Neighborhood Block Revitalization • Senior Center Improvements • Hester Center Improvements • Hester Center Solar Panels • Sara Sims Park Improvements • ADA Sidewalk Improvements— Seacrest Estates The reallocation of these accrued funds will primarily fund areas located within District 2, and will serve census tracts 56.01, 57.01, 57.02, 61.00, and 62.01, which are the CDBG Target Areas in the City Boynton Beach, where 66% of the population is Low/Mod income. The activities are eligible under 24 CFR 570.201(c) and satisfy the National Objectives of activities benefitting low -to -moderate -income persons based on areas where at least 51% of the residents of the census tracts served are low and moderate -income persons per 24 CFR 570.208(a)(1). The area must also be primarily residential. The public improvement activities serve the Boynton Beach Community as a whole. Below are funds that are already designated toward Housing and Rehabilitation that are not part of the leftover funds. Page 649 of 735 CDBG-CV FY2020 $254,539.00 Emergency Rental Assistance (administered by CDC) CDBG FY2020 $71,375.00 Housing Rehabilitation CDBG FY2021 $328,584.00 Housing Rehabilitation SHIP FY2021 $666,008 Purchase Assistance and Housing Rehabilitation SHIP FY2022 $698,287 Purchase Assistance and Housing Rehabilitation (funds not yet received) Total $2,018,793 Per the Cities' HUD -approved Citizen Participation Plan, public input is required as part of the Consolidated Plan and Action Plan process. In accordance with HUD's Consolidated Plan Regulation 24 CFR 91.105 "Citizen Participation," the City Commission will consider the recommendation at the regular City Commission meeting. This public meeting is compliant with HUD requirements. How will this affect city programs or services? The Community Development Block Grant Program's purpose is to assist the City of Boynton Beach in meeting the needs of its lower income residents within their approved activity areas. Fiscal Impact: CDBG Funds will have to be approved through HUD via an Expenditure Approval Plan with specific deadlines to spend by August 2, 2023. Alternatives: Not approve the substantial amendment and seek guidance from HUD on bringing the spending plan back into compliance. Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Grant Amount: Attachments: Type D Resolution D Aftaclhirrieinf D AftaQ:rliuirneinf D Addeindu.uirtn D Aftauclrnmenf D Aftaclrnurrneinf Description 1::Resollu.u9:iioin appirmu ing AlMeindrnent to 9N::, IFY 20211 Annual Action Plain n 1=:Ioteinl.iiall OpO.iio ns foir CDBG IFunds [::Iireseinta tia.,n Ceirnsu.us Tract IMaps Cu.airireirnt I: esiigina ted Funding IDBG Ceriisu.ua:u Tract II irafoirma tioirn Page 650 of 735 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 PIC 21 22 23 24 25 pig 27 28 29 30 31 32 RESOLUTION R22- 099 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING THE FIRST SUBSTANTIAL AMENDMENT TO THE CDBG ANNUAL ACTION PLAN FISCAL YEAR (FY) 2021, TO REALLOCATE LEFTOVER FUNDS FROM FY 201 S, 2016, 2017, 2018, 2019, AND 2020, TO FUND A PUBLIC IMPROVEMENT ACTIVITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Community Development Block Grant Program's purpose is to assist the City of Boynton Beach in meeting the needs of its lower income residents; and WHEREAS, a substantial plan amendment is required when significant changes are identified for any new projects or current projects that require a change in the budget amount in excess of 20 percent; and WHEREAS, in past years, the City has funded projects that did not need to use their entire allocation, leaving the City with "leftover" dollars from previous program years; and WHEREAS, the City currently has $1,072,040.00 in past year's funds that need to be (re)allocated but cannot be used to fund public services or administration; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interest of the citizens and residents of the City to approve the First Substantial Amendment to the CDBG Annual Action Plan Fiscal Year (FY) 2021, to reallocate leftover funds from FY 2015, 2016, 2017, 2018, 2019, and 2020, to fund a public improvement activity. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve the First Substantial Amendment to the CDBG Annual Action Plan Fiscal Year (FY) 2021, to reallocate leftover funds from FY 2015, 2016, 2017, 2018, 2019, and 2020, to fund a public improvement activity. S:ACA\RESO\CDBG Annual Action Plan Amendment FY 2021 - Reso.docx 1 Page 651 of 735 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this __ day of August, 2022. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner —Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\CDBG Annual Action Plan Amendment FY 2021 - Reso.docx 2 YES NO Page 652 of 735 City Commission Options for Expenditure of CDBG Funds New Home Development/First-Time Homebuyer Opportunities Purpose of Project: To expand homeownership opportunities to lower-income households. Scope of Work: Partnership opportunity for the City and the Boynton Beach Community Development Corporation, Inc. (CDC). The City's CDBG funds will subsidize the Boynton Beach Community Development Corporation, Inc. (CDC) for the purchase of 3 lots in the Hearth of Boynton, to create new affordable housing opportunities for eligible low -and - moderate -income individuals. CDC plans to build three (3) new three-bedroom, two -bath, one car garage single-family homes. Budget: $360,000 ($160,000 toward the purchase of 3 lots and $200,000 toward home construction Geographical Area: Heart of Boynton Target: First-time homebuyers with household incomes at or below 80% of the Area Median Income (AMI) Supportive Housing Opportunity Purpose of Project: To increase the supply of low-cost housing for extremely low and low- income individuals — the root cause of homelessness, and reduce homelessness among at -risk populations. Scope of Work: Partnership opportunity for the City and the Boynton Beach Community Development Corporation, Inc. (CDC). The City's CDBG funds will subsidize the purchase and rehabilitation of a multi -unit building to expand CDC's supportive housing program that provides housing for individuals who are homeless or at risk of becoming homeless. Budget: $412,775.00 Geographical Area: Citywide Target: Very -low and extremely -low individuals who are homeless or at risk of becoming homeless. Limited Owner -Occupied Rehabilitation Program Purpose of Project: To improve and preserve the City's housing stock, assist homeowners on a fixed or limited income, to improve the quality of living, and to eliminate slum and blight. Scope of Work: Partnership opportunity for the City and the Boynton Beach Community Development Corporation, Inc. (CDC). The City's CDBG funds will subsidize Boynton Beach Community Development Corporation, Inc. (CDC) for the rehabilitation of owner - occupied single-family homes to include roof replacement or repair, installation of impact -energy efficient windows, impact doors, insulation, plumbing repair, electrical upgrade, water heather and air conditioner replacement, accessibility improvements for the disable (i.e. wheelchair ramps), incidental expenses that correct emergency health and safety hazards, and/or other code violation related repairs. Funds can also be used to pay for up to one-year of property insurance if needed. Page 653 of 735 Budget: $400,000.00 Geographical Area: Citywide Target: Elderly (62 years and older) homeowners, veterans, or disable individuals with an 80% or below Area Median Income (AMI) Affordability Period: ■ Up to $10,000.00 — No affordability period after the first-year ■ $10,000.00 -$15,000.00 -5 -year ■ $15,000.00 -$25,000.00 -10 -year Terms: 1. Affordability period is waived for elderly individuals (62 years and older). 2. Repayment loan/deferred loan/grant: Deferred loan secured by note and mortgage. No repayment as long as the loan is in good standing and no default occurs. 3. Interest Rate: 0% 4. Years in loan term: 5 -year or 10 -year depending on the loan amount. 5. The loan is forgiven at the end of the term loan. 6. Default: The loan is in default if any of the following occurs during the loan term: sale, transfer, or conveyance of property; conversion to a rental property, vacating of property, loss of homestead exemption status; failure to occupy the home as primary residence, refinancing with cash out or debt consolidation, or subject to a Reverse Mortgage. If any of these occur, the outstanding balance of the deferred loan is due and payable to the City of Boynton Beach. Senior Rental Housing Program Purpose of Project: To create permanent affordable senior rental housing to help address the growing needs of senior households experiencing housing instability due to rapidly increasing rent costs. The program will provide affordable rental housing for very -low and low-income (80% and below of AMI) seniors (age 62 or older), who are marginally housed and at risk of becoming homeless due to rent increases. Scope of Work: Partnership opportunity for the City and the Boynton Beach Community Development Corporation, Inc. (CDC). The City's CDBG funds will subsidize Boynton Beach Community Development Corporation, Inc. (CDC) for the purchase and renovation of four (4) one-bedroom/one-bath condominium units that will be leased/rented to eligible senior as affordable rentals to reduce their risk of homelessness due to increasing rents. Budget: $504,014 Geographical Area: Citywide Target: To qualify, seniors must live in Boynton, be at least 62 years old or disabled, receive social security and or disability benefits with income at or below 80 % of AMI, and pay rent for their housing. ■ Must be residents of the City of Boynton Beach and must have lived in Boynton Beach for at least 12 months immediately preceding application ■ Must have experienced recent rent increase that created the cost burden or must have experience recent loss of income Page 654 of 735 Owner Occupied Neighborhood Block Revitalization Program Purpose of Project: To improve and preserve the City's housing stock, address code violations, assist homeowners with a fixed or limited income to enhance their quality of living, reduce their energy bills, protect their homes from severe weather damage, and eliminate slum and blight. Scope of Work: Partnership opportunity for the City and the Boynton Beach Community Development Corporation, Inc. (CDC). The City's CDBG funds will subsidize Boynton Beach Community Development Corporation, Inc. (CDC) for emergency weatherization and repair of an entire block of homes (14 single-family homes per block) to include testing homes to detect energy deficiencies such as air leaks, improper insulation, and inefficient cooling systems. Seal all detected air leaks, install proper insulation, energy-efficient HVAC systems and water heaters to increase energy efficiency, replace single -pane windows with double -pane low -emissivity windows, caulk and weather-strip doors and windows to reduce heat flow. Install hurricane shutters to protect against hurricane damages. Budget: $450,000 Geographical Area: Citywide Target: Homeowners, veterans, or disable individuals with an 80% or below Area Median Income (AMI) Affordability Period: ■ Up to $10,000.00 — No affordability period after the first-year ■ $10,000.00 -$15,000.00 -5 -year ■ $15,000.00 -$25,000.00 -10 -year Terms: 1. Affordability period is waived for elderly individuals (62 years and older). 2. Repayment loan/deferred loan/grant: Deferred loan secured by note and mortgage. No repayment as long as the loan is in good standing and no default occurs. 3. Interest Rate: 0% 4. Years in loan term: 5 -year or 10 -year depending on the loan amount. 5. The loan is forgiven at the end of the term loan. 6. Default: The loan is in default if any of the following occurs during the loan term: sale, transfer, or conveyance of property; conversion to a rental property, vacating of property, loss of homestead exemption status; failure to occupy the home as primary residence, refinancing with cash out or debt consolidation, or subject to a Reverse Mortgage. If any of these occur, the outstanding balance of the deferred loan is due and payable to the City of Boynton Beach. Senior Center Improvements Scope of Work: Replace air handlers and condensers, roof top units, HVAC building controls, HVAC ductwork, ceiling insulation, ceiling tiles, replace and replace damage doors, upgrade lighting to LED (exterior and interior) and new plumbing fixtures. Budget: $350,000.00 Page 655 of 735 Hester Center: Site Improvements Scope of Work: Playground Renovation — Demo existing playground, furnish and install new playground with artificial turf surfacing and a sail shade ($175,000.00). Court Resurfacing — Resurface one existing tennis court and convert one existing tennis court into multiple pickleball courts. New fencing, post and nets will be needed ($40,000.00). Park Amenities / Furnishings — Replace existing outdate site furnishings. Add new park amenities such as refillable water stations, workout equipment, interpretative signage, etc. ($100,000.00). Budget: $315,000.00 Hester Center Improvements: Solar Panels Purpose of Project: To convert to solar panels, allowing for 31% of the building's energy to be generated by solar. Project would include installation of 247 solar panels, 101 kw system and a lifetime (25 years) electricity bill savings of approximately $440,602. Budget: $255,616.00 Sara Sims Park Improvements Scope of Work: Playground Surfacing — Upgrade the existing playground surfacing from mulch to ADA -compliant artificial turf ($125,000.00). Workout Equipment — Add a workout equipment area on artificial turf surfacing ($100,000.00). Court Resurfacing — Resurface existing racquetball / handball courts ($35,000.00). Budget: $260,000.00 ADA Sidewalk Improvements Scope of Work: To install ADA -compliant Sidewalk Improvements in Seacrest Estates. Sidewalks will be 4" thick on 3.6 miles of road through the neighborhood. Budget: $900,000.00 Page 656 of 735 I 58-19 L -W 58.20 58.1 58.11 7 58.10 (Dhd 11�:: �Oy on Rd IC cruonifl I n 58.13 58.12 12 .21 18 60.07 60 .09 111 60,10 6201 . 62.02 .1 1 62.03 60 60-05 08 J, v 54.11 -- r -7-11,1 63 01 63-02 14-8 66.02 66.06 6501 "HIE: st .............. City of Boynton Beach CDBG Target Area Selected Census Tracts City of Boynton Beach 2020 Census 2020 Tracts m N W E S PrPb9tV'6d9/R/M5 Current Funding Designated Towards housing $2,018,793.00 1. CDBG-CV — $254,539.00 are currently being used in Emergency Rental Assistance. This program is administered by Boynton Beach Faith -Based Community Development Corporation, Inc. 2. CDBG - $399,959.00 is currently being used in the CDBG Housing Rehabilitation Program. 3. SHIP - $1,364,295.00 is being used for purchase assistance and rehabilitation assistance programs. CDBG-CV FY 2020 $ 254,539.00 Emergency Rental Assistance - In Progress CDBG FY 2020 $ 71,375.00 Housing Rehabilitation Program In Progress CDBG FY 2021 $ 328,584.00 Housing Rehabilitation Program In Progress SHIP FY 2021 $ 666,008.00 Purchase and Housing Rehabilitation Assistance Program In Progress SHIP FY 2022 $ 698,287.00 Purchase and Housing Rehabilitation Assistance Program TBD Total $ 2,018,793.00 TBD—Funding allocation has not been received yet. Page 666 of 735 CDBG Target Area 2020 Census Tract Information 56.01 This Census tract has an estimated 2020 population of 6,188, the median age is 32.9, there are 1,720 households with a median household income of $39,435.00. Additionally, there are 1,948 housing units with a median value of $158,800.00; 52% are owner occupied. 51% of the population are black, 20% white, 27% Hispanic/Latino, and 2% two or more. 57.42 This Census tract has an estimated 2020 population of 8,029, the median age is 37.4, there are 2,499 number of households with a median household income of $46,898.00. Additionally, there are 2,884 housing units with a median value of $238,700.00; 51% are owner occupied. 67% of the population are black, 23% white, 8% Hispanic/Latino, and 2% two or more. 57.03 This Census tract has an estimated 2020 population of 2,502, the median age is 43.9, there are 716 number of households with a median household income of $36,694.00. Additionally, there are 997 housing units with a median value of $119,200.00; 78% are owner occupied. 55% of the population are black, 44% white, and 1% Hispanic/Latino. 57.04 This Census tract has an estimated 2020 population of 1,786, the median age is 50; there are 802 number of households with a median household income of $30,750.00. Additionally, there are 1,295 housing units with a median value of $119,200.00; 68% are owner occupied. 47% of the population are black, 48% white, 3% Hispanic/Latino, and 2% two or more. 61.44 This Census tract has an estimated 2020 population of 4,633, the median age is 38; there are 2,348 number of households with a median household income of $38,472.00. Additionally, there are 1,295 housing units with a median value of $195,200.00; 54% are owner occupied. 68% of the population are black, 23% white, and 7% Hispanic/Latino. 62.41 This Census tract has an estimated 2020 population of 5,209, the median age is 39.9; there are 1,522 number of households with a median household income of $57,256.00. Additionally, there are 1,678 housing units with a median value of $195,200.00; 54% are owner occupied. 30% of the population are black, 40% white, 25% Hispanic/Latino, 3 Asian, and 2 two or more. According to HUD Low -Mod Statistical Data the CDBG Target Area has a 66% Low -Mod - Income average. Source: Census Reporter Data: !jltps://censusrc7portcr.org/ Page 667 of 735 10.13. Unfinished Business 8/16/2022 City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 8/16/2022 Requested Action by Commission: Discuss proposal from Palm Beach County Sheriff's Office (PBSO) for Law Enforcement Services, Municipal Police Officers' Retirement Fund and provide direction to staff on whether to proceed with the next phase, contract negotiations. Explanation of Request: At the April 5, 2022 City Commission meeting, staff was directed to request a proposal from Palm Beach County Sheriffs Office for Law Enforcement Services, merging the Boynton Beach Police Department (BBPD) with the Palm Beach County Sheriffs Office. April 11, 2022 - City staff conducted an initial meeting with PBSO Major and Colonel to discuss the process and timeline for the proposal. April 27, 2022 and April 29, 2022 - the Interim City Manager met with PBSO Major and Colonel to discuss the process and updated timeline for the proposal. May 6, 2022, the Interim City Manager assigned a project lead and team to coordinate the information exchange with PBSO. May 17, 2022, City staff conducted an online kickoff meeting with PBSO staff to review and discuss the required City/BBPD information for the Sherriff to provide a proposal. All City/BBPD information requested by PBSO was compiled and transmitted to PBSO by June 21, 2022. July 25, 2022, City staff received ten (10) hard copies of the 2022 Palm Beach County Sheriffs Office Law Enforcement Services proposal for the City of Boynton Beach. How will this affect city programs or services? City staff have reviewed the PBSO proposal and below is a staffing comparison between PBSO and BBPD for Fiscal Year 22-23. isil", BBPD - Uniform Services (001-2110), MEWHE 109,00 116.00 3.00 119.00 BBPD - Office of the Chief (001-2111) 3.00 5.00 7.00 15.00 BBPICd - Support Services (001-2112) 67.00 32,00 55,50 87.50 City - Traffic Safety Fund (103-2110-521) 0.00 5.00 5.00 BBPD proposed Staff ing (FY 22-23) 156.00 70.50 226.50 PESO IPirolposall proposed Staffing (FY 22-23) 152.00 63,00 215.00 Note: 1. Above PBSO FTE numbers do not include sixty two (62) school crossing guards; BBPD outsources school crossing guard services, which is currently budgeted for forty three (43) crossing guards. 2. Based on discussions with PBSO, they stated full staffing will be provided on go live date with guaranteed minimum shift coverage. WID - Uniform Services (001-2110) MEWHE 109,00 3.00 112,00 WID - Office of the Chief (001-2111) 6.00 3.00 9,00 BBPICd - Support Services (001-2112) 30.00 37.00 67.00 Gty - Traffic Safety Fund (103-2110-521) 0.00 4.00 4,00 BBIPD Current Staffing as of 8109/22 145.00 47.00 192.00 BBPD Pn©iposed StaffuinR WY 22-23) 156.00 70.50 226.50 Note Page 668 of 735 1. Numbers include sworn personnel currently in the police academy and in field training. Fiscal Impact: City staff has reviewed the PBSO proposal and below is a fiscal budget comparison between PBSO and BBPD for Fiscal Year 22-23. BBPD - Uniform 5eirvuces (001-2110), $ 18,674,064 BBPD - Office of the Chuef (001-2111) $ 5,054,631 BBPD - Support 5eir0ces (001-2112) $ 14,643,565 City - Traffic Safety Fund (103-2110-521) $ 1,707,968 BBPD proposed Budget (IFY 22-23) $ 40,080,228 PBSO proposal Budget (IFY 22-23) $ 42,474,000 Note: 1. BBPD budget for fiscal year 22-23 does not include raises as the City and PBAare currently in negotiations for a new contract. 2. The PBSO proposal is silent on future fiscal year increases. Staff have reviewed several existing PBSO contracts and annual increases are typically capped from 2% to 7% annually. 3. City will remain responsible for the debt service on the Police Department headquarters building as well as the ongoing maintenance. 4. All existing agreements, including but not limited to service and grant award agreements, between the City and a third party regarding or related to the City police department shall continue to be the responsibility of the City unless and until the Sheriff agrees to allow the agreement to be transferred to the Sheriff. OTHER FISCAL CONSIDERATIONS: 1. City Required Police Pension Contribution - Scenario #1 Plan Closure ($3,556,727) - As part of the merger the City will still be responsible to fund the City of Boynton Beach Municipal Police Officers' Retirement Fund and the expense will be in addition to the PBSO contract. 2. BBPD Third Party Contracts ($1,568,453) — As part of the merger PBSO states all third -party contracts will remain the responsibility of the City and will be an additional cost to the PBSO contact. These contracts include: Motorola: Premiere One, P25 Radio System, Vigilant (LPR), Radio Maintenance, Command Central Aware, Spider Tech, Axon (Interview room, Body worn camera, Taser). 3. Access Control and Security Cameras ($284,977) — Currently the management and oversight of the City's access control and security camera system is assigned to PD staff, the management and oversight will be required to transition to City staff. 4. Town Square Security (PSC) ($281,563) — Currently the management, oversight, and expense associated with the PSC contract are included in the Uniform Services (001-2110) budget, this will be required to transition to City staff/budget and the expense will be in addition to the PBSO contract. 5. BBPD Headquarters Utilities ($150,700) — Currently this expense is included in the Office of the Chief (001-2111) budget and this will be required to transition to City budget and the expense will be in addition to the PBSO contract. 6. Communications/Dispatch (Cost unknown at this time) — As part of the merger the City will be required to retain a communications/dispatch division to answer and route calls for service to various departments which include Utilities, Streets, Fire, and EMS. 7. Special Events (Cost unknown at this time) — Currently the proposal includes staffing costs for seven (7) special events annually, all other special events will be an additional cost to the PBSO contact 8. City Health Insurance Plan (Cost unknown at this time) — As part of the merger the City will lose two hundred and twenty-six (226) participants in the City's health care plan, which potentially could increase the City's costs for health care coverage. PENSION: As part of the fiscal analysis the City engaged Gabriel, Roeder, Smith & Company (GRS) to prepare projections of the costs for the City of Boynton Beach Municipal Officers Retirement Fund (Plan) under three different scenarios, see attached report dated 5/6/22. The following is a summary of the three (3) scenarios outlined in their report: Scenario #1- Plan Closure The plan is closed with all future hires being enrolled in FRS as employees of the County, and all current members will be given a choice between remaining in the current plan or transferring to FRS for future service. Since benefits would be earned and contributions would be made by current members, Chapter 185 State Revenue would be available to the City. The projections indicate that the City would pay approximately $55.2 Million less (a present value of approximately $16.5 Million less) in pension contributions over the next 30 years. The City would also receive reimbursement from the County for contributions the county would have paid to FRS for members who elected to remain in the City's Plan after the merger. Page 669 of 735 There will be a slight increase in projected City Contribution in years 2024, 2025, and 2026. Scenario #2 - Plan Frozen The plan would be closed to all future hires and current employees will be enrolled in FRS as employees of the County and all benefit accruals in the plan would be frozen. All current active members would be essentially treated as vested terminated members (with vested deferred benefits), with no further benefit increases being earned. The City vall need to continue funding the frozen plan with annual required contributions, and the plan will continue to operate and pay benefits when due, and there will continue to be a need for a pension board with annual actuarial valuations, audits, etc. Since no more benefits would be earned and no more contributions would be made by current members, Chapter 185 State Revenue would no longer be available to the City. The projections indicate that the City would pay approximately $91.4 Million less (a present value of approximately $40.1 Million less) in pension contributions over the next 30 years. There will be no projected increase in the City Contribution in year 2023 and then decrease over the remaining years. Scenario #3 - Plan Termination The plan will be fully terminated and the liabilities and responsibilities for paying all benefits to current and future retirees would need to be transferred to an insurance company through a group annuity contract. All members would become 100% vested in their accrued benefits and the City would no longer receive Chapter 185 State Revenue and the pension plan would cease to exist. The net market value of plan assets is projected to be approximately $110 to $115 million as of October 1, 2022, so the total amount the City would need to come up with to terminate/transfer all liabilities to an insurance company would be an additional $135 to $140 million. Alternatives: Options: 1. Accept the PBSO proposal, select a municipal police officer retirement fund scenario option and direct staff to commence with contract negotiations 2. Reject the PBSO proposal and direct Interim City Manager to work with the Chief of Police to enhance and streamline services offered by the BBPD to meet the needs of the community. Strategic Plan: Strategic Plan Application: Climate Action Application Is this a grant? Grant Amount: Attachments: Type D Aktancltnln"nein" D Akianclhinne i nt D Akiana;ltnlnne.lrnt Description 2022 IfplEf"': O 11 a IEfr'.i1olrcer ne inf Selrvfces, If="Iroposall folr City of IBoynton Beach FY2022-23 Iflirnpipose:d IP ID & lflraaffic IF nulnd IEkudgle t iikeaylrnton IBeachIM uniciipa all IFlollice Officer IRe fiilrenlrnelrnt IF:uurnd IRe*Ifo Page 670 of 735 Palm Beach County Sheriff's Office 2022 Page 671 of 735 RIC L. BRADSHAW, SHERIFF 1., July 21, 2022 The Honorable Ty Penserga Mayor, City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, Florida 33435 Dear Mayor Penserga: Thank you for the opportunity to present a proposal for law enforcement services to the City of Boynton Beach. We believe it presents an arrangement wherein the City sees no loss of local control and the Sheriff's Office gains a new opportunity to serve; ➢ Greatly enhanced security and safety for the residents and their property ➢ Full oversight concurrent with no loss of local control ➢ More efficient use of financial, HR and capital resources This proposal is about partnership; it is about teamwork; and it is about the future. If you have any questions, or you would like me to expand on any point, please do not hesitate to call. Suicerely, f� f Ric L. rradshaw Sheriff Page 672 of 735 Table of Contents 1.1 Introduction 1.2 Objectives 1.3 Approach 2.0 Boynton Beach Current Staff 2.1 Proposal with Cost 3.0 Ancillary Information 4.0 Frequently Asked Questions 4 M rd 9 6 N M 4.1 What Can Citizens of Boynton Beach Expect 9 5.0 Municipalities Currently Contracting with PBSO 10 6.0 Conclusion 11 Page 673 of 735 Palm Beach County was established on July 1, 1909, becoming the state's 47th county. Of the current 67 Florida counties, it is the third largest, spanning 2,385 square miles. The Palm Beach County Sheriff's Office (PBSO) provides patrol services to an unincorporated and contract population of approximately 915,000, provides civil and corrections services to all residents and when requested, provides support services to all other county police departments. Provide the community greatly enhanced security and depth of law enforcement service, with a focus on communication, efficiency, professionalism, customer service and Community Policing. PBSO is committed to providing our citizens with high quality law enforcement services through advanced training, technology, and resources to ensure officers have every tool available to them to protect themselves and the citizens served. Continue efforts to strengthen partnerships with the community and encourage civic engagement. Citizens want to feel connected to their community and its services. PBSO prides itself on our ability to partner with citizens to resolve issues. Examples of this include our Citizens Observer Patrol, Police Athletic League, National Night Out activities and Shop with a Cop program. The PBSO incorporates the Community Policing philosophy. Unlike traditional policing in which law enforcement responds to a call and then returns to random patrol, community policing techniques call for building partnerships with local neighborhoods and businesses to address specific concerns. The primary focus of Community Policing is to improve the "quality of life" in identified areas using proven problem solving techniques. In this approach, law enforcement officers act as liaisons between the communities and other outside agencies and service providers. Another key element of Community Policing involves the use of crime analysis as a basis for the development of problem solving strategies to reduce crime, improve neighborhood appearances and create a sense of pride and ownership among the residents within the community. 0 Page 674 of 735 Boynton Beach Police Department - 2022 < Off;- .f M.dl. & C l Assistant I PAS. I Profess O-fCo pfl—e M.1 5 Rev.0312322 Page 675 of 735 ------ I Del Chief 'f rl l Affairs Unit I Sergeant I Officer Fj,anoe & l msr.ge—r., 7ecl � �e,Ioes unit D ... 1� & I ll Se'g—t l Gnant,, AlarmsManager Accred Sill E ... ts/111 ilities,'OD 16, Iget Adnq isrrw I R.dl.Oictwk c—& -to, I Acor.&tali— Manage, I G+R... I System Engineer . .......... 1PAS I? C—Pr S.l Spec�.Jlst Sr 2 Z 5 1 l Safety Vlce. & Secrv,Ily Admin, I VIeo & 7.<h, Se -My Adl:r Jcffo—AsSmices DMIc,II sist-t Chief Md 11-11 Chlt Co..ander of patrol 0 enaVons C.11 n -dm rrrfS"PPwS"I"I-' I major 11 wio' InvesVil Seryl,es Sectior Staff Srrvks Sectlion I caittsNn I capia4m Mpk Y2 3 14 —P.ft ml— i 'I', .S«apgm,szs f4 F„m.nalf It Re,oll ds OpMrmapqerr S R—ids Cki k, I INTR—od,Cl,k,k 1'11iml.A.adatn . ......... 112 3 /A I Cvwn WOW C.11- l --Ivifi:afion5 Uni. 6 S �".W g''' 1:�oe-m uH-Ilui,, hNinager 3S I)M-” 6 ON:— Manager uffWv, �tlI R i P"'P'w ... V . ...... Saq—,1n116 f ............ S W A.T I H N T Tea. - oro, Uff!-,, :11 0"k.' -US M'c; h.ft OKI:. "i'0ufi & R�m I dttng UINK I O ffi,m M: 2 F -W—1 f. 0."" ............................... oP.Irt sp-l.vm INHAS H-1.Ila lly'd 5'—Wy MAT I Olffi"" li,Jft Sdcpy, Ldu, wl- Erh,, un'" "r ds hnMyfl�s 11 NniR 2 k Won- �Prh Z"dive irn—nU-, NOP, RAA , �,c hqlt onAII'Ay'll CS11 iiii 811 I TW( A.Mysl 5 OM: rv,ndvsnp 6 A �4 i -m 11 p MF 2 CSR proporty C11 ir— and S.q"eW 01M A D'G Se011int Gud H.—� m officc " 4 )ffiar�� A Cnm4ly finveAlliaMi: iWit K U.4 Reserve I.Inrt 115, ug'aiit 4 offi"- I UI::G A. Ulfi:0, 5 Rev.0312322 Page 675 of 735 Prod osed Staff Title Quantic ` -- Ca Main- District Commander 1 .......... ........... ............... _.... ______________ Lieutenant - Executive Officer 1 Lieutenant Watch.0. .................. .....� ................ . _.... - ommander .__ .............. �._.,......�__...�.... 7 SFr,&yeant Centralized District Sup ort 2 Ser eant S ecialt� Units in District � ct 5 ....__... .......... _ _a.. ....... Sergeant -...Patrol..... ......._......_._._..................._ ....�....... 16 agent..- Street Crimes .... _......... ....._ _.. 6 _. _........... ..........w.w..._.. Detective - Centralized District SyMort �..„w 11 Detective - District ct Pro erCrimes 9 . DeIIIIIIIIIIIIIIIIIIIIIIIIpu Nr _ Community Policing 6 Deputy - K9 _._nnnnnn�ad. 3 �n------ Marine ...._M .. _ _? ............ Deputy - Motor 3 Denuty-Patrol _________ ___. ..... . ......... SO ............. Administrative Secretary .. .............-___.......-_���____._......�..__....._- ......_ - 1 ............................__............... ...a......... ......-- Alternate Response Specialist ..... ....... ... 1 cords S . ecihst Central Re........ a_ 5.... .... .... _........_. ClericalSpecialist _ ____ ... ....... .. . _m...........................__.....................................................m�.3....................................�.�.�.�.�.�.�.�.... Communications Officer 16 .. Communications Supervisor 5 ._..__..._.. Community Service Aide .. ._.... __________ ______�..._w 11 _ �. __----- _----- .w_____. Crime Scene Investigator ........ .. 3 Anal st 1 District i RTCC Criminal Intelh pence ww Yw.w. { .... ,...,._._..,_ .) ......... _ 2 _________________ _______ ...... Digital Forensic Saecialist 1 ........... ...... .... Digital Media Technician _ ._ 2 _.... Evidence Technician _ .. ... ...... ......... 2 . _ ..... __-------- ______ . ......� ..... ...w....., ................ Law Enforcement Aide _ .. _ _... 3 .......... ....... Office Support Supervisor ................. ..........w... 1 Production Records Specialist 1 Victim Advocate 1 ..._._________________________ ....... civilian staff Posinons TBD 5 .. ,Additional p- .. _.. Crossln Guards 62 Total Staff 277 Cost 42,474,000 Please note some civilian titles may change. All existing agreements, including but not limited to service and grant award agreements, between the City and a third party regarding or related to the City police department shall continue to be the responsibility of the City unless and until the Sheriff agrees to allow the agreement to be transferred to the Sheriff. Page 676 of 735 The following is a list of other resources PESO has to enhance law enforcement services. All programs administered by PBSO meet the exacting standards for the Commission for Florida Law Enforcement Accreditation, a nationally recognized organization that mutually supports and endorses the continued improvement of law enforcement services by establishing professional standards of accountability, management and. operations. PBSO provides extensive services beyond what is typical. The following list is an example of our resources: • Agriculture Unit • ATV Beach Patrol • Auto Theft Unit • Aviation • Behavioral Services Unit (Targeted Violence Unit) • Bicycle Operations • Central Records • Chaplains • Chemistry • Code Enforcement • Command Duty Officers (Captain) • Communications 24 x 7 • Community Policing • Computer Crimes to include Forensic Examiners • Crime Analysis Unit • Crime Lab • Crime Prevention • Crime Scene • Crimes Against Children/Sex Crimes • Crossing Guard Supervision • Domestic Violence/Victim Witness • Drone Unit • DUI/BAT Unit • Emergency Field Force • Evidence • Mounted Unit (horses) • Explorers • Narcotics • Explosive Ordnance • "Permits" Office Disposal (coordinates all off-duty • Financial Crimes jobs) • Firearms • Police Athletic League • Fleet (PAL) • Forensic Biology & ID • Photography Unit * Fugitive Warrants/ICE • Radio Tech Support • Fusion Center • Real Time Crime Center (RTCC) * Gang Unit Task Force • Regional Major * Graffiti Eradication • Strategic Intelligence • Grants Unit • SWAT Team • Honor Guard • Human Resources /Risk • Tactical Unit Management • Toxicology • Information Technology • Traffic Enforcement (computers) / Mobility • Traffic Homicide (VHI) (phones and air cards) • Training Division • Internal Affairs • Victim Advocates • Juvenile 15i Offender • Violent Crimes Division — • K-9 / Therapy dogs Robbery/Homicide/Gang • LE Reserves and Auxiliary • Volunteers / COP Program • Watch Commanders • Legal (Lieutenant) • Marine Unit • Wellness Center (several) • Media Department • Wildlands Unit (high water (including social media) vehicles) • Motors/Commercial Vehicle Enforcement 7 Page 677 of 735 How does „mB,o�,'nton Beach_benefit? The men and women of your police department gain the experience of advanced, cutting edge training, equipment, and technology. The City is free from the troubling burdens and costs of hiring and training law enforcement personnel, union negotiations, and liability resulting from the actions of law enforcement personnel. These concerns are handled by PBSO as part of the Law Enforcement Service Agreement. Willw';nton Beach loselocalcontrol? In contracting with the Sheriff's Office for law enforcement services, the Sheriff in essence becomes your Police Chief. In this role the Sheriff, through his designee, ensures that the needs of the City Commission, as conveyed through the City Manager, are addressed. No local control is lost because the Sheriff's Office staff understands the concept of customer service. In a contract for law enforcement services, the City is the Customer, and we provide the service. Boynton Beach retains their sense of ownership by allowing the same employees to service the City while maintaining input in a productive forum with PBSO. What would ha:i )en to the current faciliu y? The current facility would be retained. The deputies would report there for duty and would spend their entire shift working within the city limits. As with the Boynton Beach Police Department, exceptions would be made that would allow for leaving the city limits for emergencies, training, court, etc. Example of Building Identifier: 0 Page 678 of 735 How wouldthe B,m nton Beach yvehicles bew marked? The vehicles would be marked like PBSO patrol vehicles, with the "City of Boynton Beach" added to the vehicle. Below is an example: :D Enhanced public safety & security due to the depth of service PBSO is qualified to provide :Z Sworn deputies providing 24/7 patrol, 7 days a week, 365 days a year Enforcement of state statutes and city ordinances Professional law enforcement services �Z Community Policing philosophy :D Over 100 years of law enforcement experience 9 Page 679 of 735 5.0 Municipality Population* Land Area (in sq. miles) Belle Glade 16,698 6.94 Greenacres 43,990 5.63 Lake Park 9,047 2.43 Lake Worth Beach 42,219 6.80 Loxahatchee Groves 3,355 12.42 Mangonia Park 2,142 0.74 Pahokee 5,524 4.98 Palm Beach Shores 1,330 0.42 Royal Palm Beach 38,932 10.99 South Bay 4,860 2.10 South Palm Beach 1,471 0.12 Wellington 61,637 42.40 Westlake 906 6.44 Per 2(,.)2() pol-mlatim estim-ates, Palm Beach Cowitx Profit e, Palrn Beach Cotimy Florida 10 Page 680 of 735 A Message from the Sheriff: With a continual demand for quality law enforcement services and ever decreasing funding sources for government agencies, PBSO is offering the most efficient leveraged resources to provide increased and enhanced law enforcement services to your citizens. My Office is committed in partnership with the citizens of Boynton Beach to create mutual trust and understanding which will allow us to work together in preventing crime, resolving mutual concerns, and establishing a safe and secure living environment. I am confident that the information outlined in this proposal will reflect that PBSO can and will provide the citizens of the City of Boynton Beach with top quality law enforcement services. Ric L. Bradshaw, Sheriff 11 Page 681 of 735 no Directors go U7771=77 1#7 7177 " ' LWTT' ttlJ707-77717M Accreditation IAMS Florida Corrections Accreditation Commission 7, W W. rq" National Commission on Correctional Health Care PBSO Accreditations Page 682 of 735 GENERAL FUND 1 77 ORGANIZATIONAL CHART DEPARTMENT: Police FUND: 001 DIVISION: Uniform Services DEPT. NO.: 2110 S.W.A.T. / Hostage Negotiation Team ALPHA 112-, 3/4 1 Captain 6 Sergeants 35 Officers 3 Officers (Temporary Duty Liaison Program) BRAVO 112-, 3/4 1 Captain 6 Sergeants 35 Officers 3 Officers (Temporary Duty Liaison Program) ,f'° City of Boynton Beach, Florida Deputy Chief of Police Uniform Services Division 1 Assistant Chief Commander of Patrol Operations 1 Major Reserve Unit 1 Reserve Captain 3 Reserve Officers (All Volunteers) Community Services (Special Operations) 1 Captain Crime Prevention, NOP, Marine Safety 1 Sergeant 7 Officers 1 Community Service Officer Community Response Team 1 Sergeant 4 Officers K-9 Unit 4 Officers Traffic Safety, Education & Enforcement Unit 1 Sergeant 5 Officers Fund 103 4 Public Service Aides 1 Police Administrative Specialist I Honor Guard FY 2022-2023 Proposed Budget Page 683 of 735 78 1 GENERAL FUND PERSONNEL ALLOCATION DEPARTMENT: Police FUND: 001 DIVISION: Uniform Services DEPT. NO.: 2110 Position Pay 2020-21 2021-22 2022-23 2022-23 2022-23 Position Title Number Grade Actual Actual Inc/(Dec) Requested Proposed Full-time Positions: 1.0 1.0 1.0 Sworn Staff 1.0 3.0 3.0 Assistant Police Chief 11189 43 1.0 Police Major 11139 39 1.0 Police Captain 11199 38 - Police Lieutenant 11206 LT 3.0 Police Sergeant 11215 SGT 15.0 Police Officer 11234 PO 93.0 Police Officer (Funded By CRA) 11234 PO 3.0 Sub -total for Sworn Staff Civilian Staff Police Administrative Specialist 1 11210 12 Community Service Officers 11352 10 Community Service Officers (CRA Funded) 11352 10 Sub -total for Civilian Staff Total Personnel (General Fund): FY 2022-2023 Proposed Budget 1.0 1.0 1.0 1.0 1.0 1.0 3.0 3.0 3.0 15.0 15.0 15.0 93.0 93.0 93.0 3.0 3.0 3.0 116.0 116.0 116.0 116.0 2.0 2.0 2.0 2.0 1.0 1.0 1.0 1.0 3.0 3.0 3.0 3.0 119.0 119.0 119.0 119.0 City of Boynton Beach, Florida t, Page 684 of 735 GENERAL FUND 1 79 DETAIL EXPENDITURES 2020/2021 2021/2022 2021/2022 2022/2023 2022/2023 Account Actual Amended Estimated Department Proposed Expense Budget Expenditures Request Budget City of Boynton Beach, Florida FY 2022-2023 Proposed Budget f, Page 685 of 735 Personnel Services 16,852,802 18,772,452 18,761,454 18,902,693 17,915,050 34-11 Operating Expenses 927,644 626,138 620,488 781,456 759,014 41-15 Capital Outlay 35,959 20,000 20,000 2,200 - 44-42 Total $ 17,816,405 $ 19,418,590 $ 19,401,942 $ 19,686,349 $ 18,674,064 46-20 Estimated As % Of Budget 17,974 11,000 99.9% 14,700 14,700 12-10 Regular Salaries/Wages 8,864,268 9,284,912 9,220,912 9,683,766 9,230,573 12-20 Holiday Pay 525,940 631,342 612,344 737,351 705,961 1410 Overtime 1,177,219 1,170,000 1,300,000 700,000 560,584 14-20 Reimbursable Wages 354,824 450,000 400,000 425,000 406,027 15-10 Clothing/Cleaning Allow 16,088 20,000 20,000 15,560 15,560 15-12 Cell Phone Allowance 420 360 360 360 360 15-40 Incentive Pay 82,940 84,000 84,000 79,890 74,400 19-99 New Personnel/Reclass - - - 96,610 - 21-10 Employer Fica 824,150 895,648 895,648 857,527 820,036 22-10 General Employees Pension 17,390 38,591 38,591 38,591 12,864 22-20 Police Pension 3,967,829 4,931,335 4,931,335 4,913,164 4,743,745 23-10 Life Insurance 4,769 5,682 5,682 5,460 5,238 23-20 Disability Insurance 33,157 64,170 64,170 62,765 62,217 23-30 Health Insurance 839,858 1,017,477 1,017,477 1,104,884 1,104,884 23-34 Hsa 94,247 118,000 110,000 119,000 113,000 23-40 Dental Insurance 44,481 54,533 54,533 56,168 53,336 23-50 Vision Insurance 5,222 6,402 6,402 6,597 6,265 City of Boynton Beach, Florida FY 2022-2023 Proposed Budget f, Page 685 of 735 Sub -total Personnel Services $ 16,852,802 $ 18,772,452 $ 18,761,454 $ 18,902,693 $ 17,915,050 34-11 Dry Cleaning 6,293 10,000 10,000 10,000 10,000 41-15 Cellular Phone/Beeper - 2,000 2,000 2,000 2,000 44-42 Office Rental 7,799 - 4,000 - - 46-20 Equipment Maintenance 17,974 11,000 12,500 14,700 14,700 46-30 Vehicle Maint. - Garage 3,283 - - - - 46-91 Software Maintenance 1,055 316 316 - - 47-10 Printing & Binding 846 500 500 500 500 48-01 Comm Promotion/Marketing 2,003 1,000 1,000 1,000 1,000 49-09 Ins Chgs-Workers Comp 163,256 158,524 158,524 167,691 167,691 49-13 Recruiting Expense 2,500 5,000 - - - 49-14 Credit Card Fees 1,815 - - - - 49-17 Other Contractual Srvs 497,950 194,000 194,000 298,563 298,563 49-41 Licenses, Fees & Permits 12,112 11,214 11,214 13,650 13,650 51-10 Office Supplies 7,110 6,462 8,000 8,000 8,000 51-25 Computer Equip/Sw <$1000 1,808 800 800 - - 52-01 Supplies 81 - - - - 52-10 Gas, Oil & Lube 2,189 7,000 4,500 5,000 5,000 52-20 Opr Equipment <$1000 2,480 - - - - 52-22 Uniforms 49,106 46,310 57,310 58,310 58,310 52-23 Safety Clothing/Equip. 7,044 3,000 3,000 3,000 3,000 52-50 Range Supplies 24,712 34,000 34,000 33,900 33,900 52-51 Law Enforcement Supplies 32,058 38,559 38,559 50,442 46,000 52-53 K-9 Unit Supplies 25,641 34,000 19,000 23,100 23,100 52-54 Parking Enforcement Suppl 3,141 - - 500 500 52-55 Explorer Program Supplies 2,122 750 1,425 2,800 2,800 52-56 P.A.L. Supplies - - 500 - - City of Boynton Beach, Florida FY 2022-2023 Proposed Budget f, Page 685 of 735 80 1 GENERALFUND DETAIL EXPENDITURES Sub -Total Operating Expenses $ 927,644 $ 626,138 $ 620,488 $ 781,456 $ 759,014 64-02 General Equipment 23,891 10,000 10,000 64-14 Computer Software - 10,000 10,000 64-33 Vehicle Purchases 12,068 - - - 69-99 Capital Outlay - 2,200 Sub -Total Capital Outlay $ 35,959 $ 20,000 $ 20,000 $ 2,200 $ FY 2022-2023 Proposed Budget City of Boynton Beach, Florida f, Page 686 of 735 Account 2020/2021 Actual Expense 2021/2022 Amended Budget 2021/2022 Estimated Expenditures 2022/2023 Department Request 2022/2023 Proposed Budget 52-57 J.F.O. Supplies 500 500 500 500 52-58 C.O.P. Supplies - - - 500 500 52-59 Crime Prevention Suppl 6,382 8,063 4,100 5,300 5,300 52-62 Crime Lab Supplies - 500 1,500 - - 52-63 Cit Pol Academy Supp 1,400 2,000 2,000 2,000 52-85 Food Supplies - 500 500 500 500 54-20 Memberships 380 740 740 1,500 1,500 54-30 Training 46,504 50,000 50,000 78,000 60,000 Sub -Total Operating Expenses $ 927,644 $ 626,138 $ 620,488 $ 781,456 $ 759,014 64-02 General Equipment 23,891 10,000 10,000 64-14 Computer Software - 10,000 10,000 64-33 Vehicle Purchases 12,068 - - - 69-99 Capital Outlay - 2,200 Sub -Total Capital Outlay $ 35,959 $ 20,000 $ 20,000 $ 2,200 $ FY 2022-2023 Proposed Budget City of Boynton Beach, Florida f, Page 686 of 735 GENERAL FUND 1 81 ORGANIZATIONAL CHART DEPARTMENT: Police FUND: 001 DIVISION: Office of the Chief DEPT. NO.: 2111 Executive Assistan Police Admin Speciali_ (1) Assistant Police Chief Executive Officer Captain (1) Finance & Business Management Unit Procurement, Grants, Alarm Mgmt. Police Budget Administrator (1) Police Officer (1) (Grants) Police Administrative Specialist 1 (2) Police Administrative Specialist 11 (1) ,f'° City of Boynton Beach, Florida Professional Compliance Captain Captain (1) Policy Development & Accreditation Unit Accreditation Manager (1) Executive Officer (Special Events/ODE Fleet) Sergeant (1) Office of Media & Community Relations Public Information Officer (1) FY 2022-2023 Proposed Budget Page 687 of 735 82 1 GENERALFUND PERSONNEL ALLOCATION DEPARTMENT: Police FUND: 001 DIVISION: Office of the Chief DEPT. NO.: 2111 Position Pay 2020-21 2021-22 2022-23 2022-23 2022-23 Position Title Number Grade Actual Actual Inc/(Dec) Requested Proposed Full-time Positions: 1.0 1.0 Sworn Staff 1.0 1.0 Police Chief 11119 53 Assistant Police Chief 11189 43 Police Captain 11199 38 Police Sergeant 11215 SGT Police Officer 11234 PO Sub -total for Sworn Staff 8.0 8.0 Civilian Staff 1.0 1.0 Accreditation Manager 1.0 1.0 Police Budget Services 1.0 1.0 Administrator 11179 17 Computer Support Specialist 06200 15 Public Information Officer 11159 24 Police Administrative Specialist 1 11210 12 Police Administrative Specialist 11 11220 17 Sub -total for Civilian Staff 15.0 15.0 Part-time Positions: Forefeiture Specialist Total Personnel: FY 2022-2023 Proposed Budget 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 8.0 8.0 8.0 8.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 2.0 7.0 7.0 7.0 7.0 15.0 15.0 15.0 15.0 City of Boynton Beach, Florida t, Page 688 of 735 GENERAL FUND 1 83 DETAIL EXPENDITURES Page 689 of 735 Sub -total Personnel Services 2020/2021 2021/2022 2021/2022 2022/2023 2022/2023 34-11 Account Actual Amended Estimated Department Proposed 40-10 Mileage Reimbursement Expense Budget Expenditures Request Budget 41-10 Telephone Services 8,753 9,000 10,000 10,000 10,000 41-12 Department Summary 130 400 350 400 400 41-15 Personnel Services 2,391,333 2,380,526 2,357,765 2,348,311 2,288,210 43-10 Operating Expenses 1,632,192 1,334,956 1,351,311 1,252,359 1,250,359 43-20 Capital Outlay 4,164 - - 3,300 - 44-31 Nonoperating Expenses 1,422,495 1,417,444 1,417,444 1,571,527 1,516,062 45-54 Total $ 5,450,184 $ 5,132,926 $ 5,126,520 $ 5,175,497 $ 5,054,631 46-20 Estimated As % Of Budget 3,772 - 99.9% - - 12-10 RegularSalaries/Wages 1,369,288 1,488,750 1,473,750 1,319,313 1,319,313 12-20 Holiday Pay 34,627 40,811 40,811 34,537 34,537 14-10 Overtime 55,266 70,000 65,000 60,000 60,000 1420 Reimbursable Wages 10,591 20,000 20,000 20,000 20,000 15-10 Clothing/Cleaning Allow 15,292 15,830 15,830 12,310 12,310 15-40 Incentive Pay 10,840 9,720 9,720 8,400 8,400 19-99 New Personnel/Reclass - - - 60,101 - 21-10 Employer Fica 112,431 109,693 109,693 107,268 107,268 22-10 General Employees Pension 110,979 81,937 81,937 81,937 81,937 22-20 Police Pension 543,163 385,930 385,930 487,364 487,364 22-40 Def Comp Contribution 6,000 6,000 6,000 6,000 6,000 23-10 Life Insurance 637 737 737 637 637 23-20 Disability Insurance 6,738 9,231 9,231 8,631 8,631 23-30 Health Insurance 99,948 120,718 120,000 120,956 120,956 23-34 Hsa 10,250 14,000 12,000 14,000 14,000 2340 Dental Insurance 4,728 6,416 6,416 6,136 6,136 23-50 Vision Insurance 555 753 710 721 721 Page 689 of 735 Sub -total Personnel Services $ 2,391,333 $ 2,380,526 $ 2,357,765 $ 2,348,311 $ 2,288,210 34-11 Dry Cleaning 1,800 1,800 1,800 1,800 1,800 40-10 Mileage Reimbursement - 250 - 250 250 41-10 Telephone Services 8,753 9,000 10,000 10,000 10,000 41-12 Postage 130 400 350 400 400 41-15 Cellular Phone/Beeper 23,021 19,011 18,081 23,000 23,000 43-10 Electric Service 117,598 115,000 128,000 120,000 120,000 43-20 Water/Sewer Service 26,013 23,640 28,000 27,000 27,000 44-31 Copy Machine Rental 15,772 22,000 21,275 23,000 23,000 45-54 P/F Accident Ins - 6,500 6,000 6,500 6,500 46-20 Equipment Maintenance 3,772 - - - - 46-30 Vehicle Maint. - Garage 978,187 737,147 737,147 643,648 643,648 46-31 Vehicle Maint. - Other 3,605 2,000 2,000 1,000 1,000 46-91 Software Maintenance 76,495 27,611 27,611 30,391 30,391 47-10 Printing & Binding 196 500 300 750 750 48-01 Comm Promotion/Marketing 12,827 10,900 10,900 10,900 10,900 48-22 Wellness Program - 50,000 50,000 50,000 50,000 49-09 Ins Chgs-Workers Comp 113,433 108,628 108,628 114,768 114,768 49-10 Warehouse Service Chg. 45,277 40,925 40,925 40,707 40,707 49-13 Recruiting Expense 29,175 25,000 25,000 25,000 25,000 49-17 Other Contractual Srvs 110,788 28,120 28,120 23,120 23,120 51-10 Office Supplies 9,298 6,200 6,200 6,200 6,200 51-25 Computer Equip/Sw <$1000 311 1,500 1,500 1,500 1,500 52-20 Opr Equipment <$1000 913 500 500 500 500 52-22 Uniforms 7,342 6,000 6,000 6,000 6,000 52-23 Safety Clothing/Equip. 1,607 3,000 3,000 3,000 3,000 f, City of Boynton Beach, Florida FY 2022-2023 Proposed Budget Page 689 of 735 84 1 GENERALFUND DETAIL EXPENDITURES Sub- Total Capital Outlay $ 4,164 $ - $ - $ 3,300 $ 91-30 Transfer/Veh. Srv. Fund 1,422,495 1,417,444 1,417,444 1,571,527 1,516,062 Sub -total Nonoperating FY 2022-2023 Proposed Budget $ 1,422,495 $ 1,417,444 $ 1,417,444 $ 1,571,527 $ 1,516,062 City of Boynton Beach, Florida f, Page 690 of 735 2020/2021 2021/2022 2021/2022 2022/2023 2022/2023 Account Actual Amended Estimated Department Proposed Expense Budget Expenditures Request Budget 52-51 Law Enforcement Supplies 8,455 7,989 7,989 8,000 8,000 52-78 First Aid Supplies 6,785 10,000 10,000 10,000 8,000 52-79 Training Aids 166 500 500 500 500 52-85 Food Supplies 43 1,250 1,200 1,250 1,250 54-10 Books And Publications 1,428 1,500 2,200 1,500 1,500 54-20 Memberships 2,824 4,150 4,150 4,275 4,275 54-30 Training 14,582 28,935 28,935 22,400 22,400 54-35 College Tuition Reimb. 11,596 35,000 35,000 35,000 35,000 Sub -Total Operating Expenses $ 1,632,192 $ 1,334,956 $ 1,351,311 $ 1,252,359 $ 1,250,359 64-02 General Equipment 2,904 - - - - 64-17 Office Machines/Equip 1,260 - 69-99 Capital Outlay - 3,300 Sub- Total Capital Outlay $ 4,164 $ - $ - $ 3,300 $ 91-30 Transfer/Veh. Srv. Fund 1,422,495 1,417,444 1,417,444 1,571,527 1,516,062 Sub -total Nonoperating FY 2022-2023 Proposed Budget $ 1,422,495 $ 1,417,444 $ 1,417,444 $ 1,571,527 $ 1,516,062 City of Boynton Beach, Florida f, Page 690 of 735 GENERAL FUND 1 85 ORGANIZATIONAL CHART DEPARTMENT: Police FUND: 001 DIVISION: Support Services DEPT. NO.: 2112 Deputy Chief of Police Support Services Division 1 Assistant Chief ,f/° City of Boynton Beach, Florida FY 2022-2023 Proposed Budget Page 691 of 735 Investigative Services Section Srv'ces Section tall Se 1 Captain 1 Captain Special Victims Unit Records Unit 1 Sergeant 1 Records Manager 1 Detective First Grade 9 Records Clerks 3 Officers 1 PR Records Clerk 2 Victim Advocates (1 fund 105) 1 PAS I 1 Administrative Associate Communication Unit Narcotics Unit 1 Communications Manager 1 Sergeant 1 Assistant Manager 2 Officers 5 Dispatch Supervisors 1 16 Comm. Specialists Task Force Officers 1 Officer - US Marshals Office Task Force 1 Officer - Joint Terrorism Task Force Evidence 2 Evidence Technician NIMS/ Homeland Security Unit 1 Officer Training & Recruiting Unit 2 Sergeant Trends & Analytics Unit 3 Officers 1 Real Time Crime Center Analyst 1 Computer Support Analyst Financial Crimes, & Property Crimes Unit Technical Services Unit 1 Sergeant 1 ITS Manager 6 Officer & 1 Det. First Grade 1 Animal Cruelty Investigator 1 System Engineer 1 Communications/Network Coordinator 1 Computer Support Specialist Sr. Major Case & Crime Scene Unit 1 Police Digital Systems & Public Record Specialist 1 Sergeant 1 Video & Tech Security Administrator 4 Officers 1 Police Services Manager 1 Crime Scene Investigator III 1 Crime Scene Investigator II 2 Evidence Technician ,f/° City of Boynton Beach, Florida FY 2022-2023 Proposed Budget Page 691 of 735 86 1 GENERALFUND PERSONNEL ALLOCATION DEPARTMENT: Police FUND: 001 DIVISION: Support Services DEPT. NO.: 2112 FY 2022-2023 Proposed Budget City of Boynton Beach, Florida t, Page 692 of 735 Position Pay 2020-21 2021-22 2022-23 2022-23 2022-23 Position Title Number Grade Actual Actual Inc/(Dec) Requested Proposed Full-time Positions: 1.0 - 1.0 1.0 Total Personnel: 87.5 87.5 1.0 87.5 Sworn Staff Assistant Police Chief 11189 43 1.0 1.0 1.0 1.0 Police Captain 11199 37 2.0 2.0 2.0 2.0 Police Sergeant 11215 SGT 6.0 6.0 6.0 6.0 Police Detective 11224 DET 3.0 3.0 3.0 3.0 Police Officer 11234 PO 20.0 20.0 20.0 20.0 32.0 32.0 32.0 32.0 Civilian Staff Police Services Manager 1.0 1.0 1.0 1.0 Police Admin Specialist 1 11210 12 1.0 1.0 1.0 1.0 Criminal Intelligence Analyst 11372 12 1.0 1.0 - 1.0 1.0 Real Time Crime Center Analyst 18 1.0 1.0 1.0 1.0 1.0 Digital Forensic Specialist 20 1.0 1.0 1.0 1.0 1.0 Animal Cruelty Investigator 11910 18 1.0 1.0 - 1.0 1.0 Victim Advocate 11169 14 1.0 1.0 1.0 1.0 Evidence Technician 11302 12 2.0 2.0 2.0 2.0 Administrative Associate 00370 10 1.0 1.0 1.0 1.0 Forfeiture Specialist 11312 12 - - - - Police Records Technicians 11322 9 9.0 9.0 9.0 9.0 Manager, Information Technology Svcs 06029 36 1.0 1.0 1.0 1.0 Police Records Manager 11309 29 1.0 1.0 1.0 1.0 Police Digital Sys & Public Records Spec 11309 29 1.0 1.0 1.0 1.0 Police Video & Technology Security Admin * 1.0 1.0 1.0 1.0 Communications/Network Coordinator 06050 22 1.0 1.0 1.0 1.0 Network Administrator /Systems Engineer 1.0 1.0 1.0 1.0 Computer Support Specialist, Senior 06220 17 1.0 1.0 1.0 1.0 Computer Support Specialist 06200 15 1.0 1.0 1.0 1.0 Manager, Communications Systems 08019 29 1.0 1.0 1.0 1.0 Assistant Manager, Communications 08049 22 1.0 1.0 1.0 1.0 Communications QA Supervisor 08020 18 1.0 1.0 1.0 1.0 Communications Supervisors 08200 18 4.0 4.0 4.0 4.0 Unspecified Personnel * 4.0 4.0 4.0 4.0 Crime Scene Investigator 111 11432 16 Crime Scene Investigator 11 11422 15 Crime Scene Investigator 1 11412 14 Unspecified Personnel * 16.0 16.0 (1.0) 16.0 16.0 Communications Specialists 08212 16 Communications Dispatchers 08222 14 54.0 54.0 1.0 54.0 54.0 Part-time Positions (Fte): Forfeiture Specialist 11317 12 - - - - - Evidence Technician 11302 12 - - - - Police Records Technician 11327 9 0.5 0.5 0.5 0.5 FY 2022-2023 Proposed Budget City of Boynton Beach, Florida t, Page 692 of 735 0.5 0.5 - 0.5 0.5 Total Personnel (General Fund): 86.5 86.5 1.0 86.5 86.5 Grant Funded Positions: Victim Advocate (Fund 105) 11169 14 1.0 1.0 - 1.0 1.0 Total Personnel: 87.5 87.5 1.0 87.5 87.5 FY 2022-2023 Proposed Budget City of Boynton Beach, Florida t, Page 692 of 735 GENERAL FUND 1 87 DETAIL EXPENDITURES 2020/2021 2021/2022 2021/2022 2022/2023 2022/2023 Account Actual Amended Estimated Department Proposed Expense Budget Expenditures Request Budget 34-11 Personnel Services 10,940,324 11,033,525 11,020,473 11,735,078 11,735,078 40-10 Operating Expenses 1,768,717 2,413,036 2,424,564 2,831,627 2,779,687 40-12 Capital Outlay 75,213 93,955 95,448 145,106 119,800 41-10 Total $ 12,784,254 $ 13,540,516 $ 13,540,485 $ 14,711,811 $ 14,634,565 41-12 Estimated As % Of Budget 168 500 100.0% 500 500 12-10 RegularSalaries/Wages 5,955,088 6,062,255 6,142,255 6,600,173 6,600,173 12-20 Holiday Pay 233,574 269,859 269,859 273,660 273,660 14-10 Overtime 1,193,279 1,000,000 1,100,000 700,000 700,000 14-20 Reimbursable Wages 34,569 60,000 36,000 40,000 40,000 15-10 Clothing/Cleaning Allow 42,561 49,320 43,000 48,080 48,080 15-12 Cell Phone Allowance 120 - - 360 360 15-40 Incentive Pay 29,390 24,960 24,960 30,360 30,360 19-99 New Personnel/Reclass - - - 7,333 7,333 21-10 Employer Fica 553,084 570,232 590,000 578,969 578,969 22-10 General Employees Pension 744,440 709,842 709,842 709,842 709,842 22-20 Police Pension 1,488,438 1,372,198 1,372,198 1,735,551 1,735,551 23-10 Life Insurance 2,507 2,742 2,742 3,053 3,053 23-20 Disability Insurance 27,948 41,705 41,705 44,355 44,355 23-30 Health Insurance 543,231 745,862 590,000 828,081 828,081 23-34 Hsa 60,125 80,000 65,000 87,000 87,000 23-40 Dental Insurance 28,550 39,869 30,000 43,188 43,188 23-50 Vision Insurance 3,420 4,681 2,912 5,073 5,073 34-11 Dry Cleaning 499 500 500 500 500 40-10 Mileage Reimbursement 204 300 300 300 300 40-12 Business Meetings - 2,000 2,000 2,000 2,000 41-10 Telephone Services 66,392 81,968 75,000 93,044 93,044 41-12 Postage 168 500 250 500 500 41-15 Cellular Phone/Beeper 94,912 105,054 105,000 105,055 105,055 43-10 Electric Service 2,908 3,700 3,700 3,700 3,700 46-20 Equipment Maintenance 34,411 194,092 194,092 203,451 203,451 46-22 Computer Maintenance 49,954 51,030 51,030 51,450 51,450 46-24 Radio Repairs 141,502 141,502 141,502 143,000 143,000 46-91 Software Maintenance 479,932 689,785 689,785 748,857 748,857 47-10 Printing & Binding 1,755 2,500 2,500 2,500 2,500 48-21 Employee Recognition 814 - - 1,000 1,000 49-09 Ins Chgs-Workers Comp 119,832 115,571 115,571 122,018 122,018 49-11 Confidential Funds 10,000 10,000 10,000 10,000 10,000 49-13 Recruiting Expense - 54,000 61,000 67,000 50,000 49-17 Other Contractual Srvs 377,383 537,450 547,450 822,268 822,268 49-41 Licenses, Fees & Permits - 500 500 500 500 51-10 Office Supplies 29,896 29,400 29,400 30,450 30,450 51-25 Computer Equip/Sw <$1000 28,193 9,950 5,450 4,200 4,200 52-01 Supplies - 170 170 - - 52-10 Gas, Oil & Lube 2,435 1,200 1,200 f, City of Boynton Beach, Florida FY 2022-2023 Proposed Budget Page 693 of 735 88 1 GENERALFUND DETAIL EXPENDITURES Sub -Total Operating Expenses $ 1,768,717 $ 2,413,036 $ 2,424,564 $ 2,831,627 $ 2,779,687 64-02 General Equipment 15,072 31,399 23,099 19,800 19,800 64-14 Computer Software - - 349 - - 64-15 Computer Equipment 60,141 62,556 72,000 125,306 100,000 Sub- Total Capital Outlay $ 75,213 $ 93,955 $ 95,448 $ 145,106 $ 119,800 FY 2022-2023 Proposed Budget City of Boynton Beach, Florida f, Page 694 of 735 Account 2020/2021 Actual Expense 2021/2022 Amended Budget 2021/2022 Estimated Expenditures 2022/2023 Department Request 2022/2023 Proposed Budget 52-20 Opr Equipment <$1000 2,770 12,224 10,224 500 500 52-22 Uniforms 48,362 50,000 50,000 51,000 50,000 52-27 Hardware/Tools - 500 500 500 500 52-50 Range Supplies 92,222 100,000 100,000 97,320 90,000 52-51 Law Enforcement Supplies 97,809 117,560 125,860 136,970 120,000 52-53 K-9 Unit Supplies 1,441 1,200 1,200 1,200 1,200 52-59 Crime Prevention Suppl (31) - - - - 52-62 Crime Lab Supplies 24,865 20,310 20,310 16,374 16,374 52-73 Radio Batteries/Supplies 1,997 8,000 8,000 2,000 2,000 52-78 First Aid Supplies - 300 300 300 300 52-79 Training Aids 247 300 300 300 300 52-85 Food Supplies - 6,500 6,500 6,500 4,000 54-10 Books And Publications - 250 250 250 250 54-20 Memberships 3,167 4,720 4,720 5,470 5,470 54-30 Training 54,678 60,000 60,000 101,150 94,000 Sub -Total Operating Expenses $ 1,768,717 $ 2,413,036 $ 2,424,564 $ 2,831,627 $ 2,779,687 64-02 General Equipment 15,072 31,399 23,099 19,800 19,800 64-14 Computer Software - - 349 - - 64-15 Computer Equipment 60,141 62,556 72,000 125,306 100,000 Sub- Total Capital Outlay $ 75,213 $ 93,955 $ 95,448 $ 145,106 $ 119,800 FY 2022-2023 Proposed Budget City of Boynton Beach, Florida f, Page 694 of 735 Page 695 of 735 216 1 TRAFFIC FUND DETAIL REVENUES 2020-21 2021-22 2021-22 2022-23 2022-23 Actual Amended Estimated Proposed Proposed Account Description Revenue Revenue Revenue Revenue Revenue Police Parking Fines 43,994 35,000 30,000 40,000 40,000 Violations Local Ord. 2,243,847 1,650,000 2,200,000 1,850,000 1,850,000 Red Light Cam Admin Fines 14,622 20,000 13,500 20,000 20,000 Total Charges For Services $ 2,302,463 $ 1,705,000 $ 2,243,500 $ 1,910,000 $ 1,910,000 Interest Income 4,011 14,671 6,200 6,200 Total Investment Income $ 4,011 $ 14,671 $ $ 6,200 $ 6,200 r. rr rr rr Fund Balance (Increase) Decrease (817,936) 879,264 331,225 1,039,879 984,412 SUMMARY OF EXPENDITURES FY 2022-2023 Proposed Budget City of Boynton Beach, Florida t, Page 696 of 735 2020/2021 2021/2022 2021/2022 2022/2023 2022/2023 Actual Amended Estimated Department Proposed Account Expense Budget Expenditures Request Budget Department Summary Personnel Services 188,651 366,843 282,675 385,771 1,330,304 Operating Expenses 945,049 1,222,050 1,290,050 1,562,994 1,562,994 Capital Outlay 4,838 2,000 2,000 - - Nonoperating Expenses 350,000 1,008,042 1,000,000 1,007,314 7,314 Total $ 1,488,538 $ 2,598,935 $ 2,574,725 $ 2,956,079 $ 2,900,612 Estimated As % Of Budget 99.07% FY 2022-2023 Proposed Budget City of Boynton Beach, Florida t, Page 696 of 735 TRAFFIC FUND 1 217 TRAFFIC FUND Revenue: Position Number Pay Grade Charges For Services $ 1,910,000 Miscellaneous Income Full -Time Positions: - Investment Income 6,200 Fund Balance (Increase) Decrease 984,412 Total Revenues: $ 2,900,612 Appropriations: 0.25 0.25 Personnel Services $ 1,330,304 Operating Expenses 1,562,994 Capital Outlay Administrative - Non Operating 7,314 Total Appropriations: $ 2,900,612 Position Title Position Number Pay Grade 2020-21 Actual 2021-22 Actual 2022-23 2022-23 Inc/(Dec) Requested 2022-23 Proposed Full -Time Positions: Police Records Technician 11322 9 - 0.25 0.25 0.25 Police Administrative Specialist 1 11210 12 1.0 1.0 1.0 1.0 Public Safety Aide 11392 10 4.0 4.0 4.0 4.0 Total Personnel: 5.0 5.3 5.3 5.3 City of Boynton Beach, Florida FY 2022-2023 Proposed Budget f, Page 697 of 735 218 1 TRAFFIC FUND DETAIL EXPENDITURES u 12-10 2020/2021 2021/2022 2021/2022 2022/2023 2022/2023 685,282 Actual Amended Estimated Department Proposed Account Expense Budget Expenditures Request Budget 24,000 24,000 163,416 14-20 Reimbursable Wages - Department Summary - - 18,973 15-13 Shoe Allowance Personnel Services 188,651 366,843 282,675 385,771 1,330,304 Operating Expenses 945,049 1,222,050 1,290,050 1,562,994 1,562,994 Capital Outlay 4,838 2,000 2,000 - - Nonoperating Expenses 350,000 1,008,042 1,000,000 1,007,314 7,314 Total $ 1,488,538 $ 2,598,935 $ 2,574,725 $ 2,956,079 $ 2,900,612 u 12-10 RegularSalaries/Wages 110,314 276,182 190,000 232,089 685,282 12-20 Holiday Pay 1,647 - 1,257 - 31,390 14-10 Overtime 3,044 8,000 24,000 24,000 163,416 14-20 Reimbursable Wages - - - - 18,973 15-13 Shoe Allowance 295 - - 15-40 Incentive Pay - - - 390 5,880 21-10 Employer Fica 8,304 11,058 8,000 19,621 57,112 22-10 General Employees Pension 38,944 37,798 37,798 37,798 63,525 22-20 Police Pension - - - 13,374 182,793 23-10 Life Insurance 69 69 63 285 23-20 Disability Insurance - 881 881 1,570 2,118 23-30 Health Insurance 22,308 28,024 18,000 48,847 102,347 23-34 Hsa 2,708 3,000 2,000 5,250 11,250 23-40 Dental Insurance 1,237 1,375 600 2,478 5,310 23-50 Vision Insurance 145 161 70 291 623 Sub -total Personnel Services $ 188,651 $ 366,843 $ 282,675 $ 385,771 $ 1,330,304 31-11 Legal Fees & Costs 59,542 60,000 60,000 60,000 60,000 32-10 Audit Fee - - - 1,880 1,880 34-53 Consultant Fees 33,994 50,000 50,000 50,000 50,000 44-30 Equipment Rental 843,094 750,000 819,000 1,071,000 1,071,000 49-09 Ins Chgs-Workers Comp - 450 450 450 450 49-17 Other Contractual Srvs 4,288 359,600 359,600 377,664 377,664 51-10 Office Supplies - 1,000 1,000 1,000 1,000 51-25 Computer Equip/Sw <$1000 4,131 - - - - 52-20 Opr Equipment <$1000 - 1,000 - 1,000 1,000 Sub -Total Operating Expenses 945,049 1,222,050 1,290,050 1,562,994 1,562,994 64-15 Computer Equipment 4,838 - - - - 69-99 Capital Outlay - 2,000 2,000 Sub -Total Capital Outlay $ 4,838 $ 2,000 $ 2,000 $ $ RIMI 91-01 Transfer To General Fund 350,000 1,000,000 1,000,000 1,000,000 - 99-03 Rsv. For Future Approp. - 8,042 - 7,314 7,314 Sub -total Nonoperating Expenses $ 350,000 $ 1,008,042 $ 1,000,000 $ 1,007,314 $ 7,314 FY 2022-2023 Proposed Budget City of Boynton Beach, Florida f, Page 698 of 735 IN 4'Ih�I�R��`� May 6, 2022 Ms. Mara Frederiksen Director of Financial Services City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425 Re: City of Boynton Beach Municipal Police Officers' Retirement Fund Plan Closure/Freeze Study with 30 -Year Projections Dear Mara: Gabriel, Roeder, Smith & Company (GRS) was engaged by the City of Boynton Beach to prepare projections of the costs for the City of Boynton Beach Municipal Police Officers' Retirement Fund (Plan). This letter presents 30 -year projections of the cost of the current pension plan with no changes versus a plan closure, plan freeze or plan termination scenario resulting from a merger with the Palm Beach County Sheriff's Office. If the City merges its police services with the County, all police officers will become employees of the Palm Beach County Sheriff's Office. There would be three main options as to how to handle the City pension plan. The Plan could continue to exist for current members as a closed plan, with no future new entrants into the Plan, but with all current members being given a choice between continuing to earn benefits in the City Plan or transferring to the Florida Retirement System (FRS) for future service. The Plan could be frozen for all members, in which all benefit accruals in the Plan are frozen and all current active members are essentially treated as vested terminated members (with vested deferred benefits) in the Plan and transfer to FRS for future service. A third option is terminating the Plan, in which all benefits are frozen and all liabilities are transferred to an insurance company to be paid when due through a group annuity contract. This letter also includes a discussion of the risks associated with measuring the accrued liability and actuarially determined contribution. The results are based on census and asset data as of October 1, 2021. The enclosed exhibits present the following: 1. Baseline Projection: 30 -year projections of the actuarial liability and required annual contributions for the current pension plan using the current assumptions and methods as described in the October 1, 2021 Actuarial Valuation Report dated April 29, 2022, with the exception that the actual return on the market value of assets is 0.0% during the fiscal year ending September 30, 2022, and then 6.9% per year thereafter. The 0.0% assumption for fiscal year 2022 is based on fiscal year-to- date investment results (which are negative for most pension plans with an October 1st — September 30th fiscal year). Ms. Mara Frederiksen May 6, 2022 Page 2 2. Scenario #1: Same as the Baseline Projection EXCEPT: Plan Closure — Effective October 1, 2022, the Plan is closed to new entrants with all future hires being enrolled in FRS (as employees of the County), and all current members being given a choice between remaining in the current Plan or transferring to FRS for future service. An assumption was made that 10% of current non -vested members would elect to transfer to FRS. Chapter 18S State Revenue would still be expected to be available to the Plan until the Market Value of Assets exceeds the Plan's present value of future benefits. All employees would be considered employees of the Palm Beach County Sheriffs Office in the event of a merger with the County, so the City's annual payments to the County for policing services would include contributions to FRS for retirement benefits. The Palm Beach County Sherriff's Office (PBCSO) would then reimburse the City of Boynton Beach at the FRS contribution rate multiplied by payroll for members who elect to remain in the City Plan, This reimbursement to the City has been projected by projecting the future FPS contribution rates assuming the actual return on the market value of FRS' assets is 0.0% during the fiscal year ending June 30, 2022, and then 6.8% per year thereafter (to match the projected returns of FRS, based on the current investment return assumption of FRS), it should be noted that when a pension plan is closed, the unfunded liabilities can no longer be amortized as a level percentage of payroll. This scenario reflects a change to amortize the unfunded liabilities as a level dollar amount rather than as a level percentage of pay, which causes the City contributions to increase initially in this scenario. It should also be noted that the investment return assumption will likely need to be lowered in the future under this scenario as the Plan becomes more mature and the expected remaining life of the Plan becomes shorter (and especially once there are no active members remaining in the Plan), The projections in this letter do not reflect further reductions in the investment return assumption from the current level of 6.9%, so if the investment return assumption is lowered in future years, the projected costs will be higher than the projected costs shown for this scenario, 3. Scenario #2: Same as the Baseline Projection EXCEPT: Plan Freeze — Effective October 1, 2022, the Plan is closed to new entrants and all benefit accruals in the Plan are frozen. All current active members are essentially treated as vested terminated members (with vested deferred benefits), with no further benefit increases being earned, The City will need to continue funding this frozen Plan with annual required contributions, and the Plan will continue to operate and pay benefits when due, so there will continue to be a need for a Pension Board with annual actuarial valuations, audits, etc. Since no more benefits would be earned and no more contributions would be made by current members, Chapter 185 State Revenue would no longer be available to the City (and it would be estimated to stop after the fiscal year ending September 30, 2023). Ms. Mara Frederiksen May 6, 2022 Page 3 As in Scenario #1 the investment return assumption will likely need to be lowered in the future under this scenario as the Plan becomes more mature and the expected remaining life of the Plan becomes shorter. The projections in this letter do not reflect further reductions in the investment return assumption from the current level of 6.9%, so if the investment return assumption is lowered in future years, the projected costs will be higher than the projected costs shown for this scenario. 4. Scenario #3: Same as Scenario #2 EXCEPT: Full Plan Termination — Effective October 1, 2022, the Plan is fully terminated. The liabilities and responsibilities for paying all benefits to current and future retirees would need to be transferred to an insurance company through a group annuity contract. All members would become 100% vested in their accrued benefits. The City would no longer receive Chapter 185 State Revenue, and the pension plan would cease to exist. The insurance company accepting the liability would use a low (fixed income -based) interest rate to value this liability and may also use a more conservative mortality table than the one currently being used for actuarial valuation purposes. Using a 3.0% interest rate (which is likely a little lower than the actual current rates in use by insurance companies —this is to reflect conservatism in other assumptions like the mortality table, and additional charges for insurance company expenses), the estimated total cost of the group annuity contract is approximately $250 million, The net market value of Plan assets (net of the DROP/reserve accounts) is projected to be approximately $110 to $115 million as of October 1, 2022, so the total amount the City would need to come up with to terminate/transfer all liabilities to an insurance company would be an additional $135 to $140 million. Because this would be a one-time payment, no projections are shown for this scenario, Except as indicated above, all remaining methods, assumptions, and benefits are the same as indicated in our October 1, 2021 Actuarial Valuation Report. Summary of Results and Commentary Regarding Projections Baseline Scenario versus Scenario #1: The projections indicate that the City would pay approximately $55.2 million less (a present value of approximately $16.5 million less) in pension contributions over the next 30 years under Scenario #1 (closing the Plan with new members and 10% of non -vested members entering FRS) versus the Baseline Scenario. The City would also receive reimbursement from the County for contributions the County wouid have paid to FRS for members who elected to remain in the City's Plan after the merger. The sum of these reimbursements from the County to the City under this scenario over the next 30 years is approximately $35.7 million (a present value of approximately $24.5 million), The combined total of these two amounts, which is approximately $90.9 million (a present value of approximately $41.0 million), reflects the total net retirement plan -related cost savings under Scenario #1 versus the Baseline Scenario. Ms. Mara Frederiksen May 6, 2022 Page 4 Baseline Scenario versus Scenario #2: The projections indicate that the City would pay approximately $91.4 million less (a present value of approximately $40.1 million less) in pension contributions under Scenario #2 (freezing the Plan with no further benefit accruals) versus the Baseline Scenario. For both Scenario #1 and Scenario #2, it is important to keep in mind that these savings would be offset by a portion of the fees the City pays to the County for policing services, which are intended to include the costs of police officers participating/earning retirement benefits in FRS. Based on Chapter 185.38(2), Florida Statutes (cited below) and conversations with the State, it is our understanding that when a pension plan closes and transitions to FRS (for all new entrants, with all current members being given a choice between the current pension plan or FRS), the pension plan may continue to receive Chapter 185 State money until it is fully funded (defined as having the market value of assets exceed the present value of all accrued and projected future benefits in the Plan). Under the current projections in Scenario #1, this is expected to first occur as of October 1, 2040, which we believe would cause the Chapter 185 State money to cease beginning in the fiscal year ending September 30, 2042. Clyapter, 18.5.38, Florida Statutes: '7ransfer to another state retirement system; benefits payable. —Foi any municipality, chapter plan, local law municipality, or local low plan under this chapter: (2) When every active participant in any pension plan created pursuant to this chapter elects to transfet to another state retirement system, the pension plan created pursuant to this chapter5hall be tern*70ted and the assets distributed in accordance vvith s. 185m 37 If some participants in a pension plan created pursuant to this chapter elect to transfer to another state retirenrent systern and other participants elect to remain in the existing plan created put suant to this chapter, the plan created pursuant to this chapter shall continue to receive state premium tax moneys until fully. funded. If the plan is fully funded at as particular valuation date and not fullyfunded at a later valuation date, the plat) shall resurne receipt of state premium tax n7sureys until the plan is once again determined to be fully funded, "["illy funded" means that the present value of all benefits, accrued and proiected, is less than the available assets and the present value of future member contributions and future plan sponsor contributions on an actuarial entry age cost funding basis. Effective May 31, 1998, for plans, discussed herein, the plan shall rerrain in effect until the final benefit payment has been trade to the Cost participant or beneficiary and shall then be terminated in accordance with s. 181;� 37" Risks Associated with Measuring the Accrued Liability and Actuarially Determined Contribution The determination of the accrued liability and the actuarially determined contribution requires the use of assumptions regarding future economic and demographic experience. Risk measures are intended to aid in the understanding of the effects of future experience differing from the assumptions used in the course of the actuarial valuation. Risk measures may also help with illustrating the potential volatility in the accrued rVorls. W", Ms. Mara Frederiksen M liability and the actuarially determined contribution that results from the differences between actual experience and the actuarial assumptions, Future actuarial measurements may differ significantly from the current measurements presented in this report due to such factors as the following: Plan experience differing from that anticipated by the economic or demographic assumptions; changes in economic or demographic assumptions due to changing conditions; increases or decreases expected as part of the natural operation of the methodology used for these measurements (such as the end of an amortization period, or additional cost or contribution requirements based on the Plan's funded status); and changes in Plan provisions or applicable law. The scope of an actuarial valuation does not include an analysis of the potential range of such future measurements. Examples of risk that may reasonably be anticipated to significantly affect the Plan's future financial condition include: 1, Investment risk — actual investment returns may differ from the either assumed or forecasted returns; 2, Contribution risk — actual contributions may differ from expected future contributions. For example, actual contributions may not be made in accordance with the Plan's funding policy or material changes may occur in the anticipated number of covered employees, covered payroll, or other relevant contribution base; 3. Salary and Payroll risk-- actual salaries and total payroll may differ from expected, resulting in actual future accrued liability and contributions differing from expected; 4, Longevity risk — members may live longer or shorter than expected and receive pensions for a period of time other than assumed; 5, Other demographic risks — members may terminate, retire or become disabled at times or with benefits other than assumed resulting in actual future accrued liability and contributions differing from expected. The effects of certain trends in experience can generally be anticipated. For example, if the investment return is less (or more) than the assumed rate, the cost of the Plan can be expected to increase (or decrease). Likewise, if longevity is improving (or worsening), increases (or decreases) in cost can be anticipated. The computed contribution amounts may be considered as a minimum contribution that complies with the pension Board's funding policy and the State statutes. The timely receipt of the actuarially determined contributions is critical to support the financial health of the Plan. Users of this report should be aware that contributions made at the actuarially determined rate do not necessarily guarantee benefit security, Risk assessment was outside the scope of this report, Risk assessment may include scenario tests, sensitivity tests, stochastic modeling, stress tests, and a comparison of the present value of accrued 3 Ms, Mara Frederiksen benefits at low-risk discount rates with the actuarial accrued liability. We are prepared to perform such assessment to aid in the decision-making process. Disclosures and Qualifications This report was prepared at the request of the City of Boynton each, with authorization of the Board of Trustees for the City of Boynton Beach Municipal Police Officers' Retirement Fund, and is intended for use by the City and Board, and those designated or approved by the City or the Board, This report may be provided to parties other than the City and Board only in its entirety and only with the permission of the City or Board. GRS is not responsible for the unauthorized use of this report. The purpose of this report is to describe the financial effect of potential changes to Plan benefits, This report should not be relied on for any purpose other than the purpose described, The calculations in this report are based upon information furnished by the Plan Administrator for the October 1, 2021 Actuarial Valuation Report concerning Plan benefits, financial transactions, plan provisions and active members, terminated remembers, retirees and beneficiaries. We reviewed this information for internal and year-to-year consistency, but did not audit the data. We are not responsible for the accuracy or completeness of the information provided by the City or the Plan Administrator, Projections are deterministic, meaning that throughout the projection period, Plan experience is expected to match the actuarial assumptions, including the assumed investment return on the market value of assets (which is assumed to be 0.0% during the fiscal year ending September 30, 2022, and then 6.9% per year thereafter). Throughout the projections, new members are assumed to be hired each year at a rate sufficient to maintain a constant active headcount. New members are assumed to have the same average demographic characteristics (age, gender, salary — adjusted each year by the Plan's assumed rate of inflation, which is 2.5% per year) at their dates of employment as those of current members hired between October 1, 2016 and October 1, 2021 (during the five-year period ending on the most recent actuarial valuation / census data collection date). The calculations are based upon assumptions regarding future events, which may or may not materialize. They are also based on the assumptions, methods, and plan provisions outlined in this report, If you have reason to believe that the assumptions that were used are unreasonable, that the plan provisions are incorrectly described, that Important plan provisions relevant to this proposal are not described, or that conditions have changed since the calculations were made, you should contact the author of the report prior to relying on information in the report. This report was prepared using our proprietary valuation model and related software which in our professional judgment has the capability to provide results that are consistent with the purposes of the valuation and has no material limitations or known weaknesses. We performed tests to ensure that the model reasonably represents that which is intended to be modeled. Ms. Mara Frederiksen May 6, 2022 Page 7 This report has been prepared by actuaries who have substantial experience valuing public employee retirement systems. To the best of our knowledge the information contained in this report is accurate and fairly presents the actuarial position of the Plan as of the valuation date. All calculations have been made in conformity with generally accepted actuarial principles and practices, and with the Actuarial Standards of Practice issued by the Actuarial Standards Board and with applicable statutes. Peter N. Strong and Trisha Amrose are members of the American Academy of Actuaries (MAAA) and meet the Qualification Standards of the American Academy of Actuaries to render the actuarial opinions contained herein. The undersigned actuaries are independent of the plan sponsor. We welcome your questions and comments. Sincerely yours, Peter N. 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C� icen � O d d d d C� iCt tom/? +C; a 00 rn a o 0 o a o 0 in vii -t vMi v +n (suo!ll!w) ($) suoi;ngia4uo:) All:) POPOfoad A Ol, 64 OC <A OC, SA OC, FA OC, 44 OC, 6Cl, ts�i OC, is <fi w OC, SCC, OC, FS OC, re OC, 6C, OC, <C, OC, .SC, Oe fi� 01% 0 0 Page 709 of 735 U. (U E 0 E (U 0 E 0 1= ® 0 m (A 0 c 0 0 0 W 0 0 O q q q q q q q 00 r� w Ln m V)- (SU0,11m) ($) All:) ol juawasjnqwia)j OSB Pa:ParOJd 01 - Oe Oe IPA Oe IPA OC, A .4 0 LU L- m 0 C, U. Ie OC, ee Oe ee" OC. &C -I Oe i"C", OC, "C'. Oe ec -10 1 in Page 710 of 735 10.C. Unfinished Business 8/16/2022 Requested Action by Commission: City Commission will continue discussion on the City Manager search. Each Commissioner to prepare their individual list of top 5 candidates and come to consensus as a group on the top 3 candidates to move forward in the process with. 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 711 of 735 11.A. New Business 8/16/2022 Requested Action by Commission: Discussion on regulating Short-term/Vacation Rentals based on initial research provided by staff and provide direction to staff relative to establishing local standards. Explanation of Request: Initial Research In response to resident and Commission inquiries regarding the impacts of short-term rentals, staff has done initial information gathering of recent actions taken by other cities, reviewed current City rules and processes applicable to renting of residential properties, and obtained input from the City Attorney's Office on the limits to local authority. The sample of cities used in staff's research include Palm Shores, Coral Springs, Lighthouse Point, Wilton Manors, Miami and Wellington. The other local cities commonly used for comparison purposes, such as West Palm Beach, Delray Beach and Boca Raton do not currently regulate short-term rentals; however, Delray Beach is currently drafting an ordinance. City staff will continue to monitor Delray Beach's progress. Existing City Process The City has required the review and approval (i.e. Business Tax Receipt/Certificate of Use) for any residential rental (regardless of leasing period) since 1998. Any property owner can rent their respective home as long as the property is free of any open code cases and liens. The current fee for a residential rental is approximately $62 (for the initial application and annual renewals). It should be noted that if the City adopted new regulations specific to short-term rentals, fees would be limited to the existing fees within the Licensing chapter of the Code of Ordinances (Chapter 13) until a new study was conducted to justify the amendment for a new license category and corresponding fee. Limits to Local Authority With respect to the magnitude of authority the City has over such residential rentals, the City Attorney's Office has advised that pursuant to State law, Ch. 509 preempts local governments from prohibiting vacation rentals, or regulating the duration or frequency of such rentals. The legal advisement has included the following examples of requirements that are allowed: • Requiring initial and annual registrations (i.e. local business tax receipt); • Requiring inspections as part of the registration; • Requiring identification of a property manager (i.e. "responsible party") for 24/7 responsibility for compliance of the rental with local requirements; • Prohibiting rental to registered sex offenders/predators; • Maximum occupancy based upon number of bedrooms or square footage; • Parking standards (ex. number of vehicles, locations, parking surface); • Safety measures, such as pool safety/fencing & smoke/carbon monoxide monitoring systems; • Requiring tenants be provided with all applicable City rules and requirements as well as contact information for the responsible party and local law enforcement; • Requiring language in rental agreements to ensure tenants' awareness of rules; • Requiring posting of City certificate of registration; and • Suspension and revocation processes. Page 712 of 735 Comparison Analysis Based on the samples of regulations from other cities, no two cities regulate short-term rentals similarly. However, common elements found within the sample of ordinances included the following: a definition including the same leasing period of less than 30 days, designation of a single contact person (i.e. property manager, resident agent or "local responsible party"), a property inspection, required parking surfaces, and a maximum occupancy standard. The selected most outstanding differences in the sample includes applicable building code requirements, the travel distance and response time of the responsible party, and the regulating of sexual offenders/predators. With respect to the application of building codes, some cities would reference code citations to be followed (i.e. Fire/Life Safety), while others specified the required standards (i.e. presence of fire extinguishers). However, 3 ordinances in the sample required smoke and CO2 detection devices to be hardwired. All but one ordinance included an occupancy standard, and all those with occupancy standards differed with respect to the specified standard. While all but one of the cities uses a base occupancy standard of 2 persons per bedroom, 3 of the cities increased the base occupancy by 2 or 4 persons, and set a "not to exceed" threshold of 10, 12 or 16 persons (three of them exempted those under 3 or 13 years of age). Lastly, 4 of the ordinances differentiated between maximum registered guests (overnight occupancy) and total maximum visitors and registered guests. Other differences involved documenting of pets, requiring a land line phone, requiring a noise sensing device, and uniquely, one City requires public notice be erected on the property during the review process and accepts public input. From the small sample of ordinances reviewed, staff finds that while some cities simply target the common and/or most potentially offensive characteristics, such as vehicle parking, property condition, congestion, and oversight, others (and the minority within the sample), appear to adopt more stringent regulations intended to discourage short-term rentals. Airbnb's Involvement Lastly, staff reports that the Airbnb company has been attentive to the cases of large parties that disrupted neighborhoods and even involved significant property damage. In response to such occurrences, in August of 2020 the company placed a global occupancy cap of 16 within all rentals, removed the "event -friendly" search filter from the platform, and prohibited party listings in all bookings. Also, the company considers complaints from the public in considering violations and warranted penalties, including suspension or banning from the platform. Staff did not attempt to find any data on the possible impacts of these new rules by Airbnb. Request for Direction Staff is requesting further direction from the City Commission on next steps, including possibly considering methods of identifying potential short-term rentals in the City, researching successes/challenges/lessons of existing regulatory programs, or drafting an ordinance for consideration. How will this affect city programs or services? N/A Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: N/A Climate Action Application: N/A Is this a grant? Page 713 of 735 Grant Amount: Type Description Page 714 of 735 �J 1 1 L 0 s N s N v N O N L cn N N 0 n ry C 0 � . -� cn C6 CO Co O � C: a) 0— Oa) � ca cn a) O O0.0 a� o — (n E 04-0 E CD 0 cn 0 � o � cn a) f. -A 0 C: C: cn 0 0 06 a) 0 -a cn E --se cn � C:O M Co 0 0 M�� a) 90 CD cn cn a) a) ca� J c U U C:cU cn U .. O OO cn 3: 0- w - 4- O 0- O O .V Q- A 'i cn CL � (n O cu 0 CU CLO U }' C (� cn Q) — Q) a) CU L- U) 'a)0 a) L- CU (1) L- a) CL 0 -C CL -5; CU cu C/) U) (D0) E tt- C:L- a) a) :1a) O O � Q � a� U U VJ . . . LL . . 0 AW u QL QL Q a� O N 0 cn O E O W ^C W O W C: O a) E O C:m cn O El m O W QL poq El U) O 4-0 co ry M m d7 O ry CD E 0 W cn W ry /1 O U O O O 0 C� ry • U) O 4-0 co ry M - m 0 0 cn E m x w C6 O O " C6 � C6 O cn .O CD U L V • O > ■ i . • 7 • L O cn N 0 O m E O co \U) O i7o AA cn ri Kill 0 U m • E rm V / W Cu cu U) O Toldil W El m > 0 m PY Ir— Ir— Ir— O C6 N U) O U L- 0 LL cn C, c O O (3) U 0 11.B. New Business 8/16/2022 Requested Action by Commission: Discussion on Advisory Boards providing an report to the City Commission, requested by Commissioner Kelley. Explanation of Request: We need direction from the Commission on how often they would like to have a report from the Advisory Boards. Also, how often they would like to have the attendance records for the Board Members on Advisory Boards. How will this affect city programs or services? Advisory Boards will need to have a report prepared for the Commission to review when a timeframe is specified. Fiscal Impact: There are no fiscal impacts to the budget for this item. Alternatives: Not request an a report from the Advisory Boards. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 724 of 735 13.A. Future Agenda Items 8/16/2022 Requested Action by Commission: Discussion on a potential park in Leisureville, requested by Vice Mayor Cruz - September 8, 2022, as part of the Budget Adoption. Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 725 of 735 13. B. Future Agenda Items 8/16/2022 Requested Action by Commission: Research feasibility of Solar Panels on City buildings, requested by Mayor Penserga - September 8, 2022. Explanation of Request: This item will be led by Sustainability in coordination with Public Works and Utilities. 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 726 of 735 13.C. Future Agenda Items 8/16/2022 Requested Action by Commission: Discussion on draft height ordinance - Tentatively scheduled for September 8, 2022, pending review by Planning & Development Board in August 2022. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 727 of 735 13. D. Future Agenda Items 8/16/2022 Requested Action by Commission: Discussion on the Red Light Camera Program requested by Commissioner Turkin -September 8, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 728 of 735 13. E. Future Agenda Items 8/16/2022 Requested Action by Commission: Discussion on observing Juneteenth as a City holiday, requested by Commissioner Hay - September 8, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 729 of 735 13. F. Future Agenda Items 8/16/2022 Requested Action by Commission: Local Rules and Procedures for Commission Meetings, requested by Mayor Penserga - October 4, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 730 of 735 13. G. Future Agenda Items 8/16/2022 Requested Action by Commission: Consider a LDR amendment to add a requirement for a minimum commercial area percentage to mixed use developments, requested by Vice Mayor Cruz -To be scheduled for Commission agenda once it has gone to the Planning & Development Board in September 2022. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 731 of 735 13. H. Future Agenda Items 8/16/2022 Requested Action by Commission: Report on the status of infrastructure within the City, requested by Mayor Penserga - October 18, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 732 of 735 13.1. Future Agenda Items 8/16/2022 Requested Action by Commission: Commission discussion on staff research of legal options to help mitigate rental prices and tenant rights, requested by Mayor Penserga - October 18, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: There is no fiscal impact to the budget, for this item. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 733 of 735 13.J. Future Agenda Items 8/16/2022 Requested Action by Commission: Additional homestead for low income seniors, requested by Mayor Penserga - October 18, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 734 of 735 13. K. Future Agenda Items 8/16/2022 Requested Action by Commission: Draft Ordinance on Civility & Decorum - October 18, 2022 Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 735 of 735