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Agenda 09-08-22The City of Boynton Beach City Commission Agenda Thursday, September 8, 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. boy nton- beach. org Page 1 of 1018 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 1018 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 1018 1. Openings A. Call to Order - Mayor Ty Penserga Roll Call Invocation by Rev. Patterson, Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Ty Penserga Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. Other A. Informational items by the Members of the City Commission. B. Proposed Resolution No. R22-116 - Adopt the annual canal services special assessment rate for FY 2022-23 per the "Preliminary Assessment Resolution No. R22-098". Pursuant to the provisions of Ordinance No. 21-011, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. C. Proposed Resolution No. R22-117 - Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2022-2023 Fire Assessment. D. Conduct First Public Budget Hearing for FY 2022/2023 Proposed Millage and Tentative Annual Operating Budget. Proposed Resolution No. R22-118 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2022-2023. Proposed Resolution No. R22-119 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2022-2023. 3. Announcements, Community And Special Events And Presentations A. The Second Public Budget Hearing to adopt the FY 2022/23 Budget will be held during the City Commission Meeting on Thursday, September 22, 2022 at 6:00 P.M. in the City Commission Chambers. 4. Public Audience Individual Speakers Will Be Limited To 3 Minute Presentations (at the discretion of the Chair, this 3 minute allowance may need to be adjusted depending on the level of business coming before the City Commission) 5. Administrative A. Ratify the selection of Naomi Cobb as Board Chair and Joe Josemond as Vice Chair of the CRA Advisory Board. B. Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. 6. Consent Agenda Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying Page 4 of 1018 material to become a part of the Public Record and subject to staff comments A. Accept FY21/22 third quarter report on operations of the Schoolhouse Children's Museum. B. Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $166,622.36 for 1,007 customers. The write-off period is defined as October 2020 through September 2021 and includes unpaid Utility and Solid Waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments. C. Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for the Police Department by $119,703.66. This amount consists of unpaid Police detail charges and other adjustments. The write-off period is defined as FY 2006 to FY 2018. D. Authorize the Finance Department to reduce the allowance for uncollectible accounts and receivable accounts for Public Works Department by $43,905.30. The write-off period is defined as FY 2018/2019. The amount includes unpaid roll off, special pick-ups, compactors, and bagsters. E. Proposed Resolution No. R22-120- Adopt annual Comprehensive Fee Schedule for Fiscal Year 2022-2023. Proposed resolution will supersede any Resolution or Ordinance governing all of the attached fees. (R19-075, R14-057, R21-133, R18 -084,R04 -176,R08 -044,R09 -056,R11 -115,R12 -033,R22 - 002,R20 -061, Ordinance Chapter 26-8, Ordinance Chapter 13-4, Ordinance Chapter 2.5) F. Approve the Barcelona Villas record plat, subject to final execution by the City Engineer. G. Approve an increase to the estimated annual expenditure for Net Assets, also known as Conduits, from $34,999 to a not -to -exceed rate of $75,000, to be able to pay for the increase in lien searches being conducted. H. Accept the written report to the Commission for purchases over $10,000 for the month of July 2022. Proposed Resolution No. R22-121- Approve and authorize the City Manager to sign individual agreements with four (4) firms as a result of Request for Qualifications RFQ No. UTL22-014 for Professional Survey and Mapping Services in accordance with Florida Statute 287.055 the Consultants' Competitive Negotiation Act (CCNA). Approve utilizing the State of Florida Agreement # 94131608-16-P, with PRIDE Enterprises for the Purchase and Retread of Large Truck Tires (Recaps) for the City's Large Truck Fleet for an estimated annual expenditure of $80,000. The State of Florida process satisfies the City's competitive bid requirements. K. Proposed Resolution No. R22-122- Approve and ratify reopened Wage Article of the SEW Blue and White Collar Collective Bargaining Agreements. L. Approve minutes from the August 16, 2022 City Commission Meeting. 7. Consent Bids And Purchases Over $100,000 A. Approve Task Order 144 with Atlantic Southern Paving and Sealcoating in the amount of $166,570 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) BID No. PW E22-008, awarded by City Commission on April 5, 2022, to install traffic calming in Forest Park. B. Proposed Resolution No. R22-123- Approve and authorize the Interim City Manager to sign the agreement, quote for the purchase, and installation of a fleet software, support, and integration with Asset Works LLC utilizing the Equalis Group LLC Contract #COG -2123A in the amount of $151,820. The contract satisfies the City's Procurement requirements. Page 5 of 1018 C. Proposed Resolution No. R22-124- Approve and authorize the Interim City Manager to sign an Amendment to the Contract with A-1 Air Solutions to increase the estimated annual expenditure from $150,000 to $275,000 for the period of the City Bid contract 012-2511-20/EM, which expires on May 4, 2023. D. Approve Task Order 103 with Atlantic Southern Paving and Sealcoating in the amount of $163,038 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) BID No. PW E22-008, awarded by City Commission on April 5, 2022, to provide asphalt and sidewalk rehabilitation to SW 18th Street, in Boynton Leisureville. E. Approve Task Order 118 with All County Paving in the amount of $111,690.50 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) BID No. PW E22-008, awarded by City Commission on April 5, 2022, to provide asphalt and sidewalk rehabilitation to NE 2nd Ct., NW 2nd St., and Seacrest Ct. F. Approve award of Annual Supply of Brass Fittings and Accessories Bid # W H22-047 to the following two (2) companies Core and Main, Fortiline Inc. with an estimated annual expenditure of $250,000 G. Approve award of Annual Supply of Pipe Fittings and Accessories Bid # W H22-048 to the following two (2) companies; Core and Main, Fortiline Inc. with an estimated annual expenditure of $220,000 H. Approve the purchase of sulfuric acid using a piggyback contract for Seacoast Utility Authority with Sulfuric Acid Trading Company, Inc. (SATCO) for a total expenditure of $350,000.00. I. Approve Task Order UT -1D-07 with Kimley-Horn and Associates, Inc. in the amount of $249,014.00 for Grant Identification, Evaluation, Preparation, and Writing Services. J. Award Bid No. CW22-0027, Sod and Sod Installation Services to four (4) contractors as primary and secondary suppliers. This is a Southeast Florida Governmental Purchasing Cooperative Bid for approximately fifty (50) municipalities and government entities, with the City of Boynton Beach acting as the Lead Agency. The initial term is for two (2) years with the option to renew for three (3) additional one (1) year terms. The estimate annual expenditure for the City of Boynton Beach is $150,000.00 city-wide. K. 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 September 8, 2022 - "Request for Extensions and/or Piggybacks." L. Proposed Resolution No. R22-125- Approve and authorize the Interim City Manager to sign Change Order No. 5 in the amount of $38,547.41 with Southern Underground Industries, Inc. for the 24 -inch Raw Water Main Extension - Little League Park to East Water Treatment Plant project. M. Approve Amendment No. 1 to Task Order UT -313-03 with AECOM in the amount of $151,840.00 for professional engineering services required for the repair of the Raw Water Transmission Main on Woolbright Road. 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. 9. City Manager's Report - None 10. Unfinished Business - None 11. New Business Page 6 of 1018 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. Tabled from the August 16, 2022 Meeting. B. As requested by Mayor Penserga, staff will be presenting results of research on the feasibility of solar panels on City buildings. C. Discussion on the Red Light Camera Program requested by Commissioner Turkin. D. Discussion on observing Juneteenth as a City holiday, requested by Commissioner Hay. E. Discussion on a potential park in Leisureville, requested by Vice Mayor Cruz. 12. Legal A. Discussion and direction on Tenant Notice and Bill of Rights Ordinance. 13. Future Agenda Items A. Local Rules and Procedures for Commission Meetings, requested by Mayor Penserga - September 22, 2022 B. 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. C. Discussion on Advisory Boards providing an report to the City Commission, requested by Commissioner Kelley.- October 4, 2022 D. Report on the status of infrastructure within the City, requested by Mayor Penserga - October 18, 2022 E. Additional homestead for low income seniors, requested by Mayor Penserga - October 18, 2022 F. Draft Ordinance on Civility & Decorum - October 18, 2022 G. Discussion of draft height regulations- October 18, 2022 14. Adjournment Notice If a person decides to appeal to any decision made by the City Commission with respect to any matter considered at this meeting, He/She will need a record of the proceedings and, for such purpose, He/She may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. (ES. 286.0105) The city shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in and enjoy the benefits of a service, program, or activity conducted by the city. Please contact the City Clerks office, (561) 742- 6060 or (TTY) 1-800-955-8771, at least 48 hours prior to the programor activity in order for the city to reasonably accommodate your request. Additional agenda iterns may be added subsequent to the publication of the agenda on the city's web site. Information regarding iterns added to the agenda after it is published on the city's web site can be obtained fromthe office of the City Clerk Page 7 of 1018 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 9/8/2022 Requested Action by Commission: Call to Order - Mayor Ty Penserga Roll Call Invocation by Rev. Patterson, Seacrest Presbyterian Church Pledge of Allegiance to the Flag led by Mayor Ty Penserga 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 9/8/2022 Page 8 of 1018 Requested Action by Commission: Informational items by the Members of the City Commission. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: 2.A. Other 9/8/2022 Page 9 of 1018 2.B. Other 9/8/2022 Requested Action by Commission: Proposed Resolution No. R22-116 - Adopt the annual canal services special assessment rate for FY 2022-23 per the "Preliminary Assessment Resolution No. 822- 098". Pursuant to the provisions of Ordinance No. 21-011, Sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. Explanation of Request: The Annual Assessment Resolution as defined in Ordinance 21-011 authorizes a Canal Maintenance Services Special Assessment, approving the assessed costs and assessment rates for private canal maintenance services for assessed property located within the City of Boynton Beach; as described hereinafter, for the Fiscal Year beginning October 1, 2022. Notice of a public hearing was published and mailed, providing required legal notice to all interested persons of an opportunity to be heard. An affidavit regarding the notice of mailing is attached hereto as Appendix "A" and the proof of publication is attached hereto as Appendix "B". The public hearing will be held on September 8, 2022, and comments and objections of all interested parties will be heard and considered. The proposed canal special assessment will be levied on waterfront properties on Lake Shore Haven and Lake Eden for canal aquatic management services. See Lake Shore Haven & Lake Eden attached map. The estimated Canal Maintenance Services Special Assessments to be assessed and apportioned among benefitted parcels pursuant to the Cost Apportionment Methodology to generate the estimated Canal Maintenance Services Assessed Cost for the Fiscal Year commencing October 1, 2022 is determined by waterfront linear feet maintained and administrative cost per property. 1. Lake Shore Haven Canal: $0.50 per linear foot, plus $20.66 per Property 2. Lake Eden Four Canals: $0.50 per linear foot, plus $20.66 per Property The rate schedule for each canal for aquatic maintenance services assessed are: 1. Lake Shore Haven Canal is $2,762.90. 2. Lake Eden Four Canals: is $4,443.10. The estimated Canal Maintenance Special Assessment to be assessed for the Fiscal Year commencing October 1, 2022, is $ 7,206.00 Number of Properties Total Delinquent Site Assessed Assessment 20-21 Lake Shore Haven 37 $2,762.90 $215.50 ....Lake ......Eden ...Four ,,,,,,,,,,,,,,,,,,63 .443.1.0................................ .........................., $4 $820.90 Total 100 $7,206..00 $1,036.40 How will this affect city programs or services? Page 10 of 1018 The proposed assessment will allow for continuation of operations and services and maintenance of current infrastructure for "Assessed Property" which means all property along the Lake Shore Haven Canal and the Lake Eden Four Canals that receive Canal Maintenance Services provided by the City. The special assessment addresses algae and aquatic weed overgrowth issues resulting in an improved level of service to the neighborhoods to reduce waterway clogging with vegetation and decaying algae and provide improved storm water drainage and vessel movement. Fiscal Impact: Funds are approved in the Utilities Operations budget. Alternatives: If the Resolution is not adopted then either the canal maintenance work will not be done or will need to be funded by a different mechanism. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type RE)S()llLAti0111 ffaclht irTIENI'l l Description RE)SCfllUltioin alplpiroviir:g th E, adolptlioin of th Eel Cair:all SPE) :i4l a:>W:>Esa:>&rTIENI'll Map p of Cair:alls Page 11 of 1018 RESOLUTION R22- 116 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE PROVISION OF CANAL MAINTENANCE SERVICES, IN THE CITY OF BOYNTON BEACH, FLORIDA; APPROVING THE ASSESSED COSTS AND ASSESSMENT RATES FOR CANAL MAINTENANCE SERVICES FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2022; IMPOSING CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY OF BOYNTON BEACH FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 2022; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Boynton Beach, Florida, enacted Ordinance No. 21-011, on April 20, 2021, which authorized the imposition of a Canal Maintenance Services Special Assessment, pursuant to the procedures set forth therein ("the Ordinance") for the provision of Canal Maintenance Services for properties that receive Canal Maintenance Services within the City, and provided for findings of special benefit and the method of apportionment of a Canal Maintenance Services Special Assessment; and, WHEREAS, the imposition of Canal Maintenance Services Special Assessments for Canal Maintenance Services for each Fiscal Year is an equitable and efficient method of allocating and apportioning Canal Maintenance Services Assessed Costs among parcels of Assessed Property; and, WHEREAS, the City Commission desires to impose Canal Maintenance Services Special Assessments within the City for the Fiscal Year beginning on October 1, 2022; and, WHEREAS, the City Commission, on July 19, 2022, adopted Resolution No. R22-098 (the "Preliminary Assessment Resolution"), referencing the Canal Maintenance Services to be provided to Assessed Property, describing the method of apportioning the Canal Maintenance Services Assessed Costs to compute the Canal Maintenance Services Special Assessments for 1 Page 12 of 1018 Canal Maintenance Services against Assessed Property, estimating a rates of assessment, and directing the preparation of the Assessment Roll and provision of the notice to the affected landowners; and, WHEREAS, in order to impose the Canal Maintenance Services Special Assessment, the Ordinance requires the City Commission to adopt a Annual Assessment Resolution, which establishes the rate of assessment and approves the Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission deems appropriate, after hearing comments and objections of all interested parties; and WHEREAS, the Assessment Roll has heretofore been made available for inspection by the public, as required by the Ordinance and the Preliminary Assessment Resolution; and WHEREAS, notice of a public hearing has been published and mailed, which provided notice to all interested persons of an opportunity to be heard. An affidavit regarding the notice of mailing is attached hereto as Appendix "A" and the proof of publication is attached hereto as Appendix "B"; and, WHEREAS, a public hearing was held on September 8, 2022, and comments and objections of all interested parties have been heard and considered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: SECTION 1. The aforementioned "WHEREAS" clauses are hereby ratified as true and correct and incorporated herein. SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Ordinance, the Preliminary Assessment Resolution, sections 166.021 and 166.041, Florida Statutes, and other applicable provisions of law. 2 Page 13 of 1018 SECTION 3. DEFINITIONS AND INTERPRETATION. This Resolution constitutes the Annual Assessment Resolution as defined in the Ordinance. All capitalized terms in this Resolution shall have the meanings defined in the Ordinance and the Preliminary Assessment Resolution. SECTION 4. IMPOSITION OF CANAL MAINTENANCE SERVICES SPECIAL ASSESSMENT. (A) The parcels of Assessed Property described in the Assessment Roll, as updated and which is hereby approved, are hereby found to be specially benefitted by the provision of the Canal Maintenance Services described in the Preliminary Assessment Resolution, in the amount of the Canal Maintenance Services Special Assessments set forth in the Assessment Roll, as amended, a copy of which was present or available for inspection at the above -referenced public hearing and is incorporated herein by reference. It is hereby ascertained, determined, and declared that each parcel of Assessed Property within the City will be specifically benefitted by the City's provision of Canal Maintenance Services, facilities and programs in an amount not less than the Canal Maintenance Services Special Assessments of such parcel, computed in the manner set forth in the Preliminary Assessment Resolution, and as reflected in the amended Assessment Roll. Adoption of this Annual Assessment Resolution constitutes a legislative determination that all assessed parcels derive a special benefit, as set forth in the Ordinance and the Preliminary Assessment Resolution, from the Canal Maintenance Services to be provided, and a legislative determination that the Canal Maintenance Services Special Assessments are fairly and reasonably apportioned among the properties that receive the special benefit as set forth in the Preliminary Assessment Resolution. 3 Page 14 of 1018 (B) The method of computing the Canal Maintenance Services Special Assessments described in the Preliminary Assessment Resolution, as modified, amended, and supplemented herein, is hereby approved. (C) For the Fiscal Year beginning October 1, 2022, the estimated Canal Maintenance Services Assessed Costs are as follows: (1) Lake Shore Haven Canal. For the Lake Shore Haven Canal, including Canal Maintenance Services and administrative costs allocated to the Properties in the service area, to be assessed for the Fiscal Year commencing October 1, 2022, is $2,762.90. The estimated Canal Maintenance Services Special Assessments to be assessed and apportioned among benefitted parcels for the Lake Shore Haven Canal is $0.50 per lineal foot, plus $20.66 per Property (2) Lake Eden Four Canals. For the Lake Eden Four Canals, the estimated Canal Maintenance Services Assessed Costs for the Lake Eden Four Canals, including Canal Maintenance Services and administrative costs allocated to the Properties in the service area, to be assessed for the Fiscal Year commencing October 1, 2022, is $4,443.10. The estimated Canal Maintenance Services Special Assessments to be assessed and apportioned among benefitted parcels for the Lake Eden Four Canals is $0.50 per lineal foot, plus $20.66 per Property. These assessment rates are hereby approved. Except as otherwise provided herein, the Canal Maintenance Services Special Assessments for Canal Maintenance Services in the amounts set forth in the Assessment Roll, as amended and herein approved, are hereby levied and imposed on all parcels of Assessed Property described in the Assessment Roll. M Page 15 of 1018 (D) The Canal Maintenance Services Special Assessments shall constitute a lien upon the Assessed Property so assessed equal in rank and dignity with the liens of all state, county, district or municipal taxes and other non -ad valorem Assessment. Except as otherwise provided by law, such lien shall be superior in dignity to all other liens, titles, and claims, until paid. (E) The Assessment Roll, as amended and as described herein, together with the correction of any errors or omissions as provided for in the Ordinance, is approved. (F) The Canal Services Special Assessments shall be collected as authorized in the Preliminary Assessment Resolution through mailed invoices sent to the owners of real property on which the Canal Maintenance Special Assessments are levied. SECTION 5. CONFIRMATION OF PRELIMINARY ASSESSMENT RESOLUTION. The Preliminary Assessment Resolution adopted July 19, 2022, except as may be amended herein, is hereby confirmed. SECTION 6. EFFECT ON ADOPTION OF RESOLUTION. The adoption of this Annual Assessment Resolution shall be the final adjudication of the issues presented (including, but not limited to, the determination of special benefit and fair apportionment to the Assessed Property, the method of apportionment and assessments, the rate of assessments, the Assessment Roll and the levy and lien of the Canal Maintenance Services Special Assessments), unless proper steps shall be initiated in a court of competent jurisdiction to secure relief within twenty (20) calendar days from the date of this Annual Assessment Resolution. SECTION 7. SEVERABILITY. If any clause, section or other part of this Resolution shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Resolution. E Page 16 of 1018 SECTION 8. CONFLICTS. That all prior Resolutions or parts of resolutions in conflict herewith, are hereby repealed to the extent of such conflict. SECTION 9. EFFECTIVE DATE. This Annual Assessment Resolution shall take effect immediately upon its passage and adoption. PASSED AND ADOPTED this 8th day of September, 2022. CITY OF BOYNTON BEACH, FLORIDA Mayor — Ty Penserga Vice -Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley VOTE ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) 0 YES NO APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 17 of 1018 APPENDIX A AFFIDAVIT OF MAILING Page 18 of 1018 AFFIDAVIT OF MAILING BEFORE ME, the undersigned authority, personally appeared Angela Prymas, who, after being duly sworn, deposes and says: 1. 1, Angela Prymas, as Engineer IV of the City of Boynton Beach, Florida ("City"), pursuant to the authority and direction received from the City Commission, timely directed the preparation of the Assessment Roll and the preparation and mailing of notices in accordance with the Canal Maintenance Services Special Assessment Ordinance in conformance with the Preliminary Assessment Resolution adopted by the City Commission on July 19, 2022 (the 'Preliminary Assessment Resolution"). The Preliminary Assessment Resolution directed and authorized notice by First Class Mail to all affected owners pursuant to the Ordinance. FURTHER AFFIANT SAYETH NOT. .wcm. Affiant STATE OF FLORIDA COUNTY OF PALM BEACH The foregoing Affidavit of Mailing was sworn to and subscribed before me this 1� day of �� 2022 by Angela Prymas, Engineer IV, City of Boynton Beach, Florida. She 1µersonally knowno me or has produced................. . . . . . .... ---- ----------- ...... . . . as identification and did take an oat Pi. Printed Name:, %Ajc.dn , 1.< V.. ...... Notary Public, State of Florida �m My Commission Expires: .0 c. -f.4, f,- HOWARD KERB Commission No.: Po � WIN ` Notary Public - State of Florida pi Commissions HH 144477 Aly Comm. Expires Oct 12. 2025 ded through National Notary Assn, 8 Page 19 of 1018 APPENDIX B PROOF OF PUBLICATION Page 20 of 1018 � � m������� �=� ���w�����������, The Gainesville Sun iThe Ledger Daily Commercial ! Ocala maaan^e, pOBox 631244Cincinnati, OH4SZG3'1244 News Chief News Herald | The Palm Beach Post Northwest Florida Daily Nevis PROOF OF PUBLICATION Boynton Beach; City 0f Boynton Beach; City 0f yOBOX 3N STATE OFFLORIDA, COUNTY OFPALM BEACH The Palm Beach Post, odaily newspaper printed and published in the city ofWest Palm Beach and ofgeneral circulation inPalm Beach, Martin, Okeechobee and SKLucie Counties, Florida; and personal knowledge ofthe facts herein state and that the notice hereto annexed was Published insaid newspapers inthe issues dated orbypublication onthe newspaper's website, ifauthorized, 08/17/2022 and that the fees charged are legal. Sworn to and subscribed before on 08/17/2022 My commisinoexpireo Publication Cost: $96408 Order No: 7653556 #ofCopioo� Customer No: 730348 1 PO #: THIS IS NOT AN INVOICE! Please do not use 1hisformforpayment remittance. NICOLE JACOBS Notary Public State of Wisconsin Page 21Of1018 NOTICE OF HEARIN TOIMPOSEAND PROVIDE FOR t COLLECTION IN 'D OF CANAL MAINTENANCE SERVICES SPEC ASSESSMENTS Notice is hereby given that the City Commission of the City of Boynton Beach will conduct a public hearing to consider imposing Canal Maintenance Services Special Assessments upon properties that receive Canal Maintenance Services along the Lake Shore Haven Canal and the Lake Eden Four Canals, for the provision by the City of Canal Maintenance Services to such properties within the City of Boynton Beach. The hearing will be held at 6:00 p.m., on September 8, 2022, in City of Boynton Beach Commission Chambers, 100 East Ocean Avenue, City of Boynton Beach, Florida, 33435 for the purpose of receiving public comment on the proposed assessments. All affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the Clerk of the City at (561) 530-5880, at least seven days prior to the date of the hearing. The assessment for each parcel that receives Canal Maintenance Services from the City will be based upon the total lineal foot along a canal receiving Canal Maintenance Services from the City, plus administrative costs associated with the assessment on a per Property basic. The annual assessment for the Lake Shore Haven Canal is $0.50 per lineal foot for canal maintenance costs, plus $20.66 per Property for administrative costs. The annual assessment for the Lake Eden Four Canals is $0.50 per lineal foot, plus $20.66 per Property for administrative costs. Copies of the Assessment Ordinance, the Initial Assessment Resolution and the Canal Maintenance Services Special Assessment Roll are available for inspection at the City Clerk's Office, Boynton Beach City Hall, 100 East Ocean Avenue, Boynton Beach, Florida, 33435. The assessments will he collected by the City. Failure to pay the assessments may cause a lien to be recorded against the property, which may result in a loss of title. If you have any questions, please contact the Utility Department at (561) 7426400, Monday through Friday between 8:00 a.m. and 5:00 p.m. Page 22 of 1018 2.C. Other 9/8/2022 Requested Action by Commission: Proposed Resolution No. R22-117 - Conduct a Public Hearing to adopt the Final Assessment Resolution for the FY 2022-2023 Fire Assessment. Explanation of Request: On July 19, 2022, the City Commission adopted Resolution No. R22-097 to continue the Fire Assessment Program for FY 2022-2023. On August 16, 2022, the City published a "Notice of Hearing to Impose and Provide for Collection of Fire Rescue Special Assessments" in the Palm Beach Post. In addition, the City had a statutorily required Notice to Property Owner mailed to affected property owners by first class mail and the Palm Beach County Property Appraiser's Office mailed TRIM notices informing all property owners of the assessment via their proposed property tax bill. All notices provided the time, date and place of this Hearing and notice that the Commission would consider the adoption of the Final Assessment Resolution. The proposed Assessment for residential property owners is $120.00 annually per dwelling unit. This remains unchanged from the previous year. The City Commission recognizes that the Assessment may create a hardship on certain residential property owners in the City. Therefore, the Final Rate Resolution allows property owners to request H.E.L.P. (Hardship Extension Loan Program) for a total or partial waiver through an application review process. A copy of the application and criteria is attached. Notice of the Hardship Extension Loan Program (H.E.L.P.) will also be available on the City's website once approved by the Commission. I n addition, the Resolution provides for a Mobile Home Park Vacancy Adjustment whereby an adjustment is made if there is an absence of structures on unoccupied spaces within a Mobile Home Park as compared to other residential properties. How will this affect city programs or services? The Fire Assessment provides only partial funding to the total Fire Department in order to maintain its excellent response time. It does not provide funding for EMS services. Only Fire Rescue services are allowed under Florida Statutes. Fiscal Impact: For Fiscal Year 2022-23, the estimated gross Fire Rescue Assessed cost is $8,307,859 reduced to a net realized assessment of $7,244,133 after excluding tax exempt properties. The net realized Fire Assessment of $8,307,859 would equal an increase to the ad valorem property tax rate of 1.4600 mils to raise the same amount of revenue for Fire Rescue services. The Fire Rescue Assessments to be assessed and apportioned among benefitted property parcels is as follows: Proposed FY 22/23: Property Use Category Rate Per Dwelling Unit Page 24 of 1018 Residential $120.00 Non -Residential Property Use Categories Rate Per Square Foot (*) Commercial $0.27 1 ndustrial/Warehouse $0.06 I nstitutional $0.30 Nursing Home $0.30 (*)There is a maximum of 77,001 square foot cap on non-residential buildings Current FY 19/20: Property Use Category Rate Per Dwelling Unit Residential $120.00 Non -Residential Property Use Categories Rate Per Square Foot Commercial $0.27 I ndustrial/Warehouse $0.06 1 nstitutional $0.30 Nursing Home $0.30 (*)There is a maximum of 77,001 square foot cap on non-residential buildings. The above rates for FY 22/23 only assess approximately 59% of the eligible Fire Rescue costs after excluding EMS costs of the Fire Department. If they were assessed at 100% of the eligible costs, the rates would be $202.00 per dwelling unit and approximately twice the square footage rates for commercial property. Alternatives: 1. Approve the proposed assessment levels ($120.00 per dwelling unit, etc.) 2. Approve an alternate assessment level with proportional adjustments to the Fire Department non -EMS budget (the assessment rates may be lowed, but not increased, from the proposed rates). 3. Not approve the Fire Assessment with proportional consequences to above Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type Description RE)Sa:allLAti0111 RE)S akAtia:air: adc. ptiir:g Il::::liir:all Il::::liir'Es a:>W:>Esa:>&rTIENI'lt for II::::Y 22/23 ttaa::lhxirTIENI'xt l lla irdshIiIp AppIicatioin Page 25 of 1018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 CITY OF BOYNTON BEACH, FLORIDA ANNUAL FIRE RESCUE ASSESSMENT RESOLUTION ADOPTED SEPTEMBER 8, 2022 1 Page 26 of 1018 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 RESOLUTION NO. R22 - A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, RELATING TO THE PROVISION OF FIRE RESCUE SERVICES, FACILITIES, AND PROGRAMS IN THE CITY OF BOYNTON BEACH, FLORIDA; IMPOSING FIRE RESCUE ASSESSMENTS AGAINST ASSESSED PROPERTY LOCATED WITHIN THE CITY FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022; APPROVING THE RATE OF ASSESSMENT; APPROVING THE ASSESSMENT ROLL; CONFIRMING AND CONTINUING A PROCEDURE FOR HARDSHIP WAIVERS OR DEFERRALS OF ALL OR PART OF THE CITY'S FIRE RESCUE SPECIAL ASSESSMENT INCLUDING APPLICATION AND REVIEW BY THE CITY'S FINANCE DIRECTOR OR DESIGNEE, AND ELIGIBILITY CRITERIA FOR SUCH WAIVERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of Boynton Beach, Florida (the "City Commission"), 39 has enacted Ordinance No. 08-017 (the "Ordinance"), which authorizes the imposition of Fire 40 41 42 43 44 45 46 47 48 49 50 51 52 Rescue Assessments each Fiscal Year for the fire rescue services, facilities, and programs against Assessed Property located within the City; and WHEREAS, the imposition of a Fire Rescue Assessment for fire rescue services, facilities, and programs each fiscal year is an equitable and efficient method of allocating and apportioning the Fire Rescue Assessed Cost among parcels of Assessed Property; and WHEREAS, the City Commission desires to continue a Fire Rescue Assessment program and impose a Fire Rescue Assessment in the City using the procedures provided by the Ordinance, including the tax bill collection method, for the Fiscal Year beginning on October 1, 2022; and WHEREAS, the City Commission, on July 1, 2008, adopted Resolution No. R08-067 (the "Initial Assessment Resolution"); and WHEREAS, the City Commission adopted Resolution No. R22-097 (the "Preliminary Assessment Resolution") on July 19, 2022, which set forth the preliminary assessment rates for 2 Page 27 of 1018 53 Fiscal Year 2022-23, and which contains and references a brief and general description of the fire 54 rescue services, facilities, and programs to be provided to Assessed Property; describes the 55 method of apportioning the Fire Rescue Assessed Cost to compute the Fire Rescue Assessment 56 for fire rescue services, facilities, and programs against Assessed Property; confirmed the rates of 57 assessment; and directs the updating and preparation of the Assessment Roll and provision of the 58 notice required by the Ordinance; and 59 WHEREAS, in order to impose Fire Rescue Assessments for the Fiscal Year beginning 60 October 1, 2022, the Ordinance requires the City Commission to adopt an Annual Rate 61 Assessment Resolution, which confirms and establishes the rates of assessment, and approves the 62 Assessment Roll for the upcoming Fiscal Year, with such amendments as the City Commission 63 deems appropriate, after hearing comments and objections of all interested parties; and 64 WHEREAS, the Assessment Roll has heretofore been made available for inspection by 65 the public, as required by the Ordinance; and 66 WHEREAS, notice of a public hearing has been published and mailed, as required by the 67 terms of the Ordinance; and 68 WHEREAS, the City Commission recognizes that the special assessment may work a 69 hardship on certain residential property owners in the City, and desires to continue to provide a 70 means whereby affected property owners may request a total or partial waiver of the special 71 assessment for hardship; and 72 WHEREAS, a public hearing was held on September 8, 2022, and comments and 73 objections of all interested persons have been heard and considered as required by the terms of the 74 Ordinance. 75 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE 76 CITY OF BOYNTON BEACH, FLORIDA THAT: 3 Page 28 of 1018 77 78 SECTION 1. AUTHORITY. This resolution is adopted pursuant to Ordinance No. 08- 79 017; Resolution No. R08-076; Resolution No. R22-097; Article VIII, Section 2, Florida 80 Constitution; Sections 166.021 and 166.041, Florida Statutes; and other applicable provisions of 81 law. 82 SECTION 2. DEFINITIONS AND INTERPRETATION. This resolution constitutes 83 the Annual Rate Resolution as defined in the Ordinance. All capitalized words and terms not 84 otherwise defined herein shall have the meanings set forth in the Ordinance, the Initial 85 Assessment Resolution and the Preliminary Assessment Resolution. 86 SECTION 3. IMPOSITION OF FIRE RESCUE ASSESSMENTS. 87 (A) The parcels of Assessed Property described in the Assessment Roll, which is 88 hereby approved, are hereby found to be specially benefited by the provision of the fire rescue 89 services, facilities, and programs described or referenced in the Preliminary Assessment 90 Resolution, in the amount of the Fire Rescue Assessment set forth in the Assessment Roll, a copy 91 of which was present or available for inspection at the above referenced public hearing and is 92 incorporated herein by reference. It is hereby ascertained, determined, and declared that each 93 parcel of Assessed Property within the City will be specially benefited by the City's provision of 94 fire rescue services, facilities, and programs in an amount not less than the Fire Rescue 95 Assessment for such parcel, computed in the manner set forth in the Preliminary Assessment 96 Resolution. Adoption of this Annual Rate Resolution constitutes a legislative determination that 97 all parcels assessed derive a special benefit in a manner consistent with the legislative 98 declarations, determinations and findings as set forth in the Ordinance, the Preliminary 99 Assessment Resolution, and this Annual Rate Resolution from the fire rescue services, facilities, 100 or programs to be provided and a legislative determination that the Fire Rescue Assessments are M Page 29 of 1018 101 fairly and reasonably apportioned among the properties that receive the special benefit as set forth 102 in the Preliminary Assessment Resolution. 103 (B) The method for computing Fire Rescue Assessments described and referenced in 104 the Preliminary Assessment Resolution is hereby approved. The Parcel Apportionment 105 methodology described in Appendix F of the Preliminary Assessment Resolution, and adopted in 106 Section 7 of the Preliminary Assessment Resolution, is hereby approved. 107 (C) For the Fiscal Year beginning October 1, 2022, the estimated net Fire Rescue 108 Assessed Cost to be assessed is $8,307,859.00. The Fire Rescue Assessments to be assessed and 109 apportioned among benefited parcels pursuant to the Cost Apportionment and Parcel 110 Apportionment to generate the estimated Fire Rescue Assessed Cost for the Fiscal Year 111 commencing October 1, 2022, are hereby confirmed and established as follows: Property Use Category Rate Per Dwelling Unit Residential $120.00 Non -Residential Property Use Categories Rate Per Square Foot Commercial $0.27 IndustriaMarehouse $0.06 Institutional $0.30 Nursing Home $0.30 112 113 (D) The above rates of assessment are hereby approved. Fire Rescue Assessments for 114 fire rescue services, facilities, and programs in the amounts set forth in the Assessment Roll, as 115 herein approved, are hereby levied and imposed on all parcels of Assessed Property described in 116 such Assessment Roll for the Fiscal Year beginning October 1, 2022. 117 (E) As authorized in Section 2.14 of the Ordinance, no Fire Rescue Assessment shall 118 be imposed upon a parcel of Government Property, except as provided in the Preliminary 119 Assessment Resolution, or upon Institutional Use buildings on a parcel of Institutional Property 120 whose building use is wholly exempt from taxation under Florida law. E Page 30 of 1018 121 (F) Any shortfall in the expected Fire Rescue Assessment proceeds due to any 122 reduction or exemption from payment of the Fire Rescue Assessments required by law or 123 authorized by the City Commission shall be supplemented by any legally available funds, or 124 combination of such funds, and shall not be paid for by proceeds or funds derived from the Fire 125 Rescue Assessments. 126 (G) As authorized in Section 2.13 of the Ordinance, interim Fire Rescue Assessments 127 are also levied and imposed against all property for which a Building Permit is issued after 128 adoption of this Annual Rate Resolution based upon the rates of assessment approved herein. 129 (H) Fire Rescue Assessments shall constitute a lien upon the Assessed Property so 130 assessed equal in rank and dignity with the liens of all state, county, district, or municipal taxes 131 and other non -ad valorem assessments. Except as otherwise provided by law, such lien shall be 132 superior in dignity to all other liens, titles and claims, until paid. 133 (I) The Assessment Roll, as herein approved, shall be delivered to the Tax Collector 134 for collection using the tax bill collection method in the manner prescribed by the Ordinance. The 135 Assessment Roll, as delivered to the Tax Collector, shall be accompanied by a Certificate to Non - 136 Ad Valorem Assessment Roll in substantially the form attached hereto as Appendix A. 137 (J) No Emergency Medical Services shall be funded from the Fire Rescue 138 Assessment revenues. 139 SECTION 4. CONFIRMATION OF PRELIMINARY ASSESSMENT 140 RESOLUTION. The Preliminary Assessment Resolution, as may be amended herein, is hereby 141 confirmed. 142 SECTION 5. EFFECT OF ADOPTION OF RESOLUTION. The adoption of this 143 Annual Rate Resolution shall be the final adjudication of the issues presented (including, but not 0 Page 31 of 1018 144 limited to, the determination of special benefit and fair apportionment to the Assessed Property, 145 the method of apportionment and assessment, the rate of assessment, the Assessment Roll and the 146 levy and lien of the Fire Rescue Assessments), unless proper steps shall be initiated in a court of 147 competent jurisdiction to secure relief within 20 days from the date of this Annual Rate 148 Resolution. 149 SECTION 6. HARDSHIP WAIVERS OR DEFERRALS. 150 (A) The City Commission of the City of Boynton Beach, Florida hereby continues its 151 program for qualified individuals who need financial assistance to pay all or part of the Fire 152 Rescue Assessment levied on their property or who seek deferral of payment of all or part of the 153 Fire Rescue Assessment on their property. 154 (B) The City's program for financial assistance shall be commonly referred to as 155 H.E.L.P., Hardship Extension Loan Program. The following types of financial assistance are 156 available, based upon need: 157 1. Relief from all payments of an annual Fire Rescue Assessment. 158 2. Relief from a portion of payments of an annual Fire Rescue Assessment. 159 160 3. Deferral of payments of an annual Fire Rescue Assessment. 161 4. Deferral of a portion of payments of an annual Fire Rescue Assessment. 162 163 (C) The following individuals are eligible for financial assistance. 164 1. Residential Property Owners who meet 2022 HHS Poverty Guidelines. 165 166 2. Residential property owners that are exempt from ad valorem taxation 167 pursuant to the following Florida Statutes are eligible to apply for a 168 Hardship Waiver or Deferral: 169 170 a. Section 196.081, Florida Statutes (totally disabled veterans and 171 surviving spouses of veterans); 172 7 Page 32 of 1018 173 b. Section 196.081, Florida Statutes (surviving spouses of first 174 responders who died in the line of duty); 175 C. Section 196.091, Florida Statutes (disabled veterans confined to 176 wheelchairs); 177 178 d. Section 196.101, Florida Statutes (totally and permanently disabled 179 persons); 180 181 e. Section 196.102, Florida Statutes (totally and permanently disabled 182 first responders). 183 184 3. Residential Property Owners that qualify for the additional homestead 185 exemption for persons 65 and over authorized pursuant to Section 186 196.075, Florida Statutes are also eligible to apply for the Hardship 187 Waiver. 188 189 4. Residential Property Owners that are qualified under the Florida 190 Homestead Property Tax Deferral Act, Section 197.242, et al., Florida 191 Statutes. 192 193 (D) Eligible Residential Property Owners may submit an application for a Hardship 194 Waiver or Deferral, on a form prepared by the City, with the Finance Department. The 195 Application shall include the following 196 1. Documentation demonstrating eligibility for the Hardship Waiver or 197 Deferral through one of the criteria from exemptions listed in Section C 198 above; 199 200 2. A copy of the Tax Bill for the subject property; 201 3. Description of the facts and circumstances of the hardship. 202 (E) All Applications for the Hardship Waiver or Deferral must be received by the 203 City's Finance Department on or before October 17, 2022. 204 (F) Once received, all applications shall be reviewed by the City's Finance Director, 205 or his or her designee ("Reviewing Official"). The Reviewing Official shall review the facts and 206 circumstances to determine whether a hardship exists to warrant a partial or total waiver of the Page 33 of 1018 207 special assessment levied upon the applicant's real property or a deferral of payment of such. The 208 decision of the Reviewing Official is final. 209 (G) The Reviewing Official shall render a written decision and provide such to the 210 applicant. 211 (H) If a partial or total waiver or deferral is granted by the Reviewing Official, the 212 Finance Director shall ensure appropriate documentation is provided to the Tax Collector as to the 213 revised amount of the assessment as to the applicant. 214 (I) An applicant may apply for a Hardship Waiver as to one property only. 215 (J) An applicant must apply for the Hardship Waiver on an annual basis. 216 (K) A deferral may be granted for no longer than the end of the then current fiscal 217 year. 218 (L) When financial assistance is granted pursuant to the H.E.L.P. program, any 219 shortfall in the expected Fire Rescue Assessment proceeds due to any reduction or exemption 220 from payment of the Fire Rescue Assessments authorized by this Section shall be supplemented 221 by any legally available funds, or combination of such funds, and shall not be paid for by 222 proceeds or funds derived from the Fire Rescue Assessments. 223 SECTION 7. MOBILE HOME VACANCY ADJUSTMENT. As authorized in 224 Section 5(L) of the Preliminary Rate Resolution, there shall be a Mobile Home Vacancy 225 Adjustment procedure for Mobile Home and Recreational Vehicle Park Property, using the 226 procedures established in Resolution R11-089. Any shortfall in the expected Fire Rescue 227 Assessment proceeds due to any adjustment for vacancy shall be supplemented by any legally 228 available funds and shall not be paid for by proceeds or funds derived from Fire Rescue 0 Page 34 of 1018 229 Assessments. Failure of the Owner to timely provide the information to the City will result in no 230 Vacancy Adjustment for the special assessment. 231 SECTION 8. CONFLICTS. All resolutions or parts of resolutions in conflict herewith 232 are hereby repealed to the extent of such conflict. 233 SECTION 9. SEVERABILITY. If any clause, section, other part or application of this 234 resolution is held by any Court of competent jurisdiction to be unconstitutional or invalid, in part 235 or application, it shall not affect the validity of the remaining portions or applications of this 236 Resolution. 237 SECTION 10. EFFECTIVE DATE. This Resolution shall become effective 238 immediately upon its passage and adoption. 239 PASSED AND ADOPTED this 8th day of September, 2022. 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice -Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner — Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) 10 VOTE APPROVED AS TO FORM: Michael D. Cirullo, Jr., City Attorney Page 35 of 1018 APPENDIX A FORM OF CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL CERTIFICATE TO NON -AD VALOREM ASSESSMENT ROLL I HEREBY CERTIFY that I am the Mayor of the City of Boynton Beach, or authorized agent of the City of Boynton Beach, Florida (the "City"); as such, I have satisfied myself that all property included or includable on the non -ad valorem assessment roll for fire rescue services (the "Non -Ad Valorem Assessment Roll") for the City is properly assessed so far as I have been able to ascertain; and that all required extensions on the above-described roll to show the non -ad valorem assessments attributable to the property listed therein have been made pursuant to law. I FURTHER CERTIFY that, in accordance with the Uniform Assessment Collection Act, this certificate and the herein described Non -Ad Valorem Assessment Roll will be delivered to the Palm Beach County Tax Collector by September 15, 2022. IN WITNESS WHEREOF, I have subscribed this certificate and directed the same to be delivered to the Palm Beach County Tax Collector and made part of the above described Non -Ad Valorem Assessment Roll, this day of , 2022. CITY OF BOYNTON BEACH, FLORIDA TITLE: [To be delivered to Palm Beach County Tax Collector by September 151 11 Page 36 of 1018 NAME: TELEPHONE # ADDRESS: City of Boynton Beach, Florida Fire Assessment Application for Determination of Eligibility for H.E.L.P. FISCAL YEAR 2022-2023 (LAST) (STREET) APPLICATION DEADLINE OCTOBER 17, 2022 (FIRST) (CITY) (STATE) (ZIP) FOR EACH PERSON WHO RESIDES WITH YOU AT THE ABOVE ADDRESS, LIST THEIR NAME, AGE AND RELATIONSHIP TO YOU BELOW OR ON AN ATTACHED SHEET, IF NEEDED: (NAME) (AGE) (RELATIONSHIP) (NAME) (AGE) (RELATIONSHIP) I CERTIFY THAT I AM A RESIDENTIAL PROPERTY OWNER AND I MEET ONE (1) OF THE CRITERIA CHECKED IN THE BOX BELOW FOR WHICH I AM REQUESTING ELIGIBILITY FOR H.E.L.P. (Provide a copy of your 2022 Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments) (PLEASE CHECK THE APPROPRIATE BOX FOR WHICH YOU ARE REQUESTING ELIGIBILITY FOR H.E.L.P.) LJ I qualify for the additional homestead exemption for persons 65 and over as noted on the attached Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments authorized pursuant to Florida Statutes Section 196.075. LJ I qualify for the Florida Homestead Property Tax Deferral Act as noted on the attached Notice of Ad Valorem Taxes and Non -Ad Valorem Assessments authorized pursuant to Section 197.242, et al., Florida Statutes LJ I am a totally disabled veteran or the surviving spouse of a totally disabled veteran AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) LJ I am a surviving spouse of first responder who died in the line of duty AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.081. (Provide copy of disability letter from the government or a physician) LJ I am a disabled veteran confined to a wheelchair AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.091. (Provide copy of disability letter from the government or a physician) LJ I am permanently and totally disabled AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.101. (Provide copy of disability letter from the government or a physician) LJ I am permanently and totally disabled first responder AND I am exempt from ad valorem taxes pursuant to Florida Statutes Section 196.102. (Provide copy of disability letter from the government or a physician) LJ I meet the U.S. Department of Health & Human Services (HHS) Poverty Guidelines listed on Page 2 of this Application. (Provide a copy of your last two (2) years (2020 & 2021) Federal Income Tax Returns - AGI) OR IF YOU DID NOT FILE INCOME TAXES FOR THE PAST (2) YEARS (Provide a copy of your last three (3) months bank and investment statements for all accounts) NOTE: The City may require additional information to determine eligibility. (Please complete and sign Page 2 of this Application) Page 37 of 1018 Fire Assessment Application for Determination of Eligibility for H.E.L.P. Page 2 Please explain the financial hardship that makes it difficult or impossible for you to pay this year's Fire Assessment Amount as levied on the attached Notice from Palm Beach County. Under penalty of perjury, I hereby swear or affirm that the information I am submitting is true, complete and correct in order to determine my eligibility for H.E.L.P. Applicant's signature Date DETERMINING IF YOU MEET HHS POVERTY GUIDELINES 2021 HHS Poverty Guidelines PLEASE NOTE WHAT INCOME TO INCLUDE Size of Poverty Income used to calculate if you meet poverty Family Unit Guideline level status includes the following sources: Source: Federal Register, Vol. 87, No. 14, January 21, 2022, pp. 3316 CITY REVIEW PROCESS: Wages, unemployment compensation, Social Security, Supplemental Social Security Income, public assistance, veterans' payments, survivor benefits, pension or retirement income, interest, dividends, rents, royalties, income from estates, trust, educational assistance, alimony, child support, assistance from outside the household, and other miscellaneous sources. ➢ Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310, Boynton Beach FL 33425-0310 delivered no later than October 17, 2022 ➢ The Hardship Waiver will be reviewed by the City's Finance Director or his or her designee (Reviewing Official). ➢ Once the Reviewing Official makes a determination, the applicant will be notified in writing of the Reviewing Official's decision. The decision of the Reviewing Official is final. PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2022 TAX NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX CHECKED ON PAGE 1 OF THIS APPLICATION TO: City of Boynton Beach Financial Services Department P.O. Box 310 Boynton Beach, FL 33425-0310 (561) 742-6310 Page 38 of 1018 1 $ 13,590 2 $ 18,310 3 $ 23,030 4 $ 27,750 5 $ 32,470 6 $ 37,190 7 $ 41,910 8 1 $ 46,630 For each additional person, add 1 $ 4,720 Source: Federal Register, Vol. 87, No. 14, January 21, 2022, pp. 3316 CITY REVIEW PROCESS: Wages, unemployment compensation, Social Security, Supplemental Social Security Income, public assistance, veterans' payments, survivor benefits, pension or retirement income, interest, dividends, rents, royalties, income from estates, trust, educational assistance, alimony, child support, assistance from outside the household, and other miscellaneous sources. ➢ Applicant submits application to City of Boynton Beach, Financial Services Department, P.O. Box 310, Boynton Beach FL 33425-0310 delivered no later than October 17, 2022 ➢ The Hardship Waiver will be reviewed by the City's Finance Director or his or her designee (Reviewing Official). ➢ Once the Reviewing Official makes a determination, the applicant will be notified in writing of the Reviewing Official's decision. The decision of the Reviewing Official is final. PLEASE SIGN AND RETURN THIS COMPLETED APPLICATION, ALONG WITH YOUR 2022 TAX NOTICE FROM PALM BEACH COUNTY AND THE REQUIRED DOCUMENTATION FOR THE BOX CHECKED ON PAGE 1 OF THIS APPLICATION TO: City of Boynton Beach Financial Services Department P.O. Box 310 Boynton Beach, FL 33425-0310 (561) 742-6310 Page 38 of 1018 2.D. Other 9/8/2022 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 9/8/2022 Requested Action by Commission: Conduct First Public Budget Hearing for FY 2022/2023 Proposed Millage and Tentative Annual Operating B udget. Proposed Resolution No. R22-118 - Adopt the proposed millage rate for the General Fund for Fiscal Year 2022-2023. Proposed Resolution No. R22-119 - Adopt the Tentative Budget for the General Fund and all other funds for Fiscal Year 2022-2023. Explanation of Request: Staff will provide a budget overview presentation. As a result of the Budget Workshops held on J my 11-13, 2022 the City Commission approved a proposed millage rate of 7.85 mills and a proposed General Fund budget of $106,929,947. The proposed updated FY 22/23 General Fund Budget of $107,372,024 is an increase of 4.6% or $4,728,471 over the amended adopted FY 21/22 General Fund Budget of $102,643,553. Based on changes to the state shared revenue projections and direction from the Commission during the July budget workshops, the following changes have been incorporated into the proposed budget: 1) Increased General Fund from $106,929,947 to $107,372,024. The City's State Shared Revenue Projections provided by the State were received in August and created a projected increase of $1,171,956. Those increases were $628,631 in Sales Tax and $543,325 in State Shared Revenues. At the workshop, the proposed Fire Assessment Rate was kept at the current rate of $120 per dwelling, resulting in revenue reduction of $31VI. The decision to reduce the millage rate from 7.9 to 7.85 and increases to the assessed property values yielded additional net revenues of $366,160. The difference in revenues and expenditures are being supported through increasing Fund Balance in the amount of $2,727,536. 2) The State projections for the Local Option Gas Tax revenues increased by $69,593, this adjustment positively impacted the fund balance. 3) Increased Parks Recreation & Trust fund from $48 to $350,048 due to park design cost. $) Increased General Capital Improvement Fund from $4,632,427 to $4,704,427 mainly due to additional various capital projects (see Exhibit 1). a. added a prior year approved project named Boynton Beach Blvd Extension for $1,250K b. added Eco Park Construction project for $600K c. and budget reductions amounting to $1,778K for roadway projects and general government projects 5) Increase in Surtax Capital Fund from $6,448,458 to $8,807,146 mainly due to new capital improvement projects (see Exhibit 2). a. added Hester Center Site Improvement project for $31VI b. added Jaycee Park — Dog Park Construction project for $500K Page 39 of 1018 c. and budget reductions amounting to $1.2M for other Surtax projects How will this affect city programs or services? The annual budget provides appropriations to provide City services. Fiscal Impact: Budgeted. Adoption of the millage rate and budget allows for appropriations to provide City services. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()ll LA ti 0 111 D IRE)S()ll LA ti 0 111 D AttacNrTIENI'lt D Exhibit D Exhibit Description :RE)S0kAti01['1 INoa If 118 approviingFlropOSE,d MillagE) for 1::::Y 22/23 :RE)S0kAti01['1 INoa IR22...119 approviing thE) Tbintative, BL.jidgE)t for 1::::Y 2022/23 1:::::Y 2022 23 1st Tbintative, BL.jidgE)tPLAUic, Il IEsariing (SE)lPt 8 2022) Flir'E)SE)intatioin Exhibit 1 303 1:::::LAind Cha 1['1gE)S Exhibit 2 302 1:::::LAind Cha1['1gE)S Page 40 of 1018 I RESOLUTION R22-118 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA 4 ADOPTING A PROPOSED MILLAGE RATE FOR THE CITY'S 5 GENERAL OPERATING FUND FOR THE FISCAL YEAR 6 BEGINNING OCTOBER 1, 2022 AND ENDING SEPTEMBER 30, 7 2023, ANNOUNCING THE PERCENT, IF ANY, THE PROPOSED 8 MILLAGE RATE EXCEEDS THE ROLLED -BACK RATE; 9 ANNOUNCING THE DATE, TIME AND PLACE OF THE SECOND 10 AND FINAL PUBLIC HEARING ON THE BUDGET AND MILLAGE 11 RATE; PROVIDING FOR SEVERABILITY, CONFLICTS AND 12 PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, a tentative budget has been prepared estimating expenditures and 15 revenues of the City of Boynton Beach, Florida, for the ensuing year, with detailed 16 information, including revenues to be derived from sources other than ad valorem levy, and 17 the administrative staff of the City has made recommendations as to the amount necessary 18 to be appropriated for the ensuing year; and 19 WHEREAS, the City Commission has conducted a public hearing regarding the 20 proposed millage necessary to be levied to carry on the government of the City for the fiscal 21 year 2022-2023 and has also discussed the tentative budget; and 22 WHEREAS, the City of Boynton Beach, Florida, has followed the procedures as 23 outlined in Florida Statutes Section 200.065. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption 28 hereof. 29 Section 2. The proposed Millage Rate for the 2022-2023 Fiscal Year shall be 30 7.8500 for the General Fund. 31 Section 3. A copy of the tentative budget shall be published in one issue of a 32 newspaper published in Palm Beach County, Florida, and at the same time the public will be 33 notified of a public hearing to be held on the 22nd day of September, 2022, at 6:00 P.M. for 34 the purpose of hearing suggestions, agreements, objections or criticisms of the tentative 35 budget and millage. This meeting is for the purpose of setting a final tax levy and final budget. 36 S:\CA\RESO\Budget\2022 - 2023 Budget\Proposed Millage - Reso September 8 2022.Docx Page 41 of 1018 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 Section 4. The proposed millage rate is 12.95 % above the computed rolled back rate of 6.9501 . Section 5. If any clause, section, or other part of this Resolution shall be held by any Court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part shall be considered as eliminated and shall in no way affect the validity of the other provisions of this Resolution. Section 6. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this 8th day of September, 2022. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Maylee De Jesus, MPA, MMC City Clerk (Corporate Seal) YES NO 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:\CA\RESO\Budget\2022 - 2023 Budget\Proposed Millage - Reso September 8 2022.Docx Page 42 of 1018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 RESOLUTION R22-119 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, ADOPTING A TENTATIVE BUDGET FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2022, AND ENDING SEPTEMBER 30, 2023; PROVIDING FOR SEVERABILITY, CONFLICTS, AND AN EFFECTIVE DATE. WHEREAS, a tentative budget has been prepared by the City Manager estimating expenditures, transfers, and revenues of the City of Boynton Beach for the ensuing year, with detailed information, including revenues to be derived from sources other than the ad valorem tax levy, and she has made recommendations as to the amount necessary to be appropriated for the ensuing year; and WHEREAS, the City Commission has conducted a public hearing regarding the proposed millage necessary to be levied to carry on the government of the City for the fiscal year 2022-2023 and has also discussed the tentative budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA: 19 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 20 being true and correct and are hereby made a specific part of this Resolution upon adoption 21 hereof. 22 Section 2. That the tentative budget of the City of Boynton Beach, Florida, for the 23 fiscal year beginning October 1, 2022 and ending September 30, 2023, a copy of which is 24 attached hereto, is hereby adopted and the appropriations set out therein are hereby made 25 to maintain and carry on the government of the City of Boynton Beach, Florida. 26 Section 3. There is hereby appropriated the sum of $107.372.024 to the General 27 Fund for the payment of operating expenditures, transfers to other funds, and necessary 28 capital outlays for the City Government pursuant to the terms of the above budget. 29 Section 4. That there is hereby appropriated the sum of $2.900.612 to the Traffic 30 Safety Special Revenue Fund for the payment of operating expenditures, transfers to other 31 funds, and necessary capital outlays. 32 1 S:ACA\RESO\Budget\2022 - 2023 Budget\Tentative Budget - Reso - September 8 2022.Docx Page 43 of 1018 33 Section 5. That there is hereby appropriated the sum of $1.300.941 to the Local 34 Option Gas Tax Special Revenue Fund for the payment of operating expenditures, transfers 35 to other funds, and necessary capital outlays. 36 Section 6. That there is hereby appropriated the sum of $267,775 to the 37 Community Improvements Special Revenue Fund for the payment of operating 38 expenditures, transfers to other funds, and necessary capital outlays. 39 Section 7. That there is hereby appropriated the sum of $3,756,482 to the 40 Building Special Revenue Fund for the payment of operating expenditures, transfers to 41 other funds, and necessary capital outlays. 42 Section 8. That there is hereby appropriated the sum of $339,700 to the Public 43 Arts Special Revenue Fund for the payment of operating expenditures, transfers to other 44 funds, and necessary capital outlays. 45 Section 9. That there is hereby appropriated the sum of $548,936 to the 46 Recreation Program Special Revenue Fund for the payment of operating expenditures, 47 transfers to other funds, and necessary capital outlays. 48 Section 10. That there is hereby appropriated the sum of $11.632.169 to the Public 49 Service Tax Debt Service Fund for the purpose of payment operating expenditures, 50 transfers to other funds, and the principal and interest due on the public service tax bonds 51 of the City not subject to statutory exemptions and for redeeming such bonds as they mature. 52 Section 11. That there is hereby appropriated the sum of $4,704,427 to the 53 General Capital Improvement Capital Projects Fund for the payment of transfers to other 54 funds and capital outlays pursuant to the terms of the above budget. 55 Section 12. That there is hereby appropriated the sum of $8,807,146 to the Local 56 Government Surtax Capital Projects Fund for the payment of transfers to other funds and 57 capital outlays pursuant to the terms of the above budget. 58 Section 13. That there is hereby appropriated the sum of $350,048 to the Parks & 59 Recreation Facilities Trust Fund for the payment of transfers to other funds and capital 60 outlays pursuant to the terms of the above budget. 61 Section 14. That there is hereby appropriated the sum of $56,176,736 to the Water 2 S:ACA\RESO\Budget\2022 - 2023 Budget\Tentative Budget - Reso - September 8 2022.Docx Page 44 of 1018 62 and Sewer Utility Enterprise Fund for operating expenditures, debt service, transfers to 63 other funds, and necessary capital outlay. 64 Section 15. That there is hereby appropriated the sum of $33.330.000 to the Water 65 and Sewer Utility Capital Improvement Enterprise Fund for the payment of capital outlays 66 pursuant to the terms of the above budget. 67 Section 16. That there is hereby appropriated the sum of $2,749,033 to the Golf 68 Course Enterprise Fund for operating expenditures, transfer to other funds, and necessary 69 capital outlays. 70 Section 17. That there is hereby appropriated the sum of $75,148 to the Golf 71 Course CIP Fund for the payment of capital outlays pursuant to the terms of the above 72 budget. 73 Section 18. That there is hereby appropriated the sum of $12,604,689 to the Solid 74 Waste Enterprise Fund for the payment of operating expenditures, transfers to other funds 75 and necessary capital outlays. 76 Section 19. That there is hereby appropriated the sum of $12,152,383 to the 77 Fleet Maintenance Internal Service Fund for the payment of operating expenditures, 78 transfers to other funds, and necessary capital outlays. 79 Section 20. That there is hereby appropriated the sum of $559,875 to the 80 Materials & Distribution Internal Service Fund for the payment of operating expenditures, 81 transfers to other funds, and necessary capital outlays. 82 Section 21. That there is hereby appropriated the sum of $6,996,395 to the Self - 83 Insurance Internal Service Fund for the payment of operating expenditures, transfers to 84 other funds, and necessary capital outlays. 85 Section 22. That there is hereby appropriated the sum of $423,526 the Cemetery 86 Special Revenue Fund for the payment of operating expenditures, transfers to other funds, 87 and necessary capital outlays. 88 Section 23. A copy of the tentative budget summary shall be published in one issue 89 of a newspaper published in Palm Beach County and at the same time the public will be 90 notified of a public hearing to be held on the 22nd day of September, 2022, at 6:00 P.M. for 3 S:ACA\RESO\Budget\2022 - 2023 Budget\Tentative Budget - Reso - September 8 2022.Docx Page 45 of 1018 91 the purpose of hearing suggestions, agreements, objections or criticisms of the final budget 92 and millage. This meeting is for the purpose of setting a final ad valorem tax levy and final 93 budget. 94 Section 24. All delinquent taxes collected during the ensuing fiscal year as 95 proceeds from levies of operation millage of prior years are hereby specifically appropriated 96 for the use of the General Fund. 97 Section 25. If any clause, section or other part of this Resolution shall be held by 98 any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional 99 or invalid part shall be considered as eliminated and shall in no way affect the validity of the 100 remaining portions of this Resolution. 101 Section 26. All Resolutions or parts of Resolutions in conflict herewith are hereby 102 repealed to the extent of such conflict. 103 Section 27. This Resolution shall become effective immediately upon passage. 104 105 PASSED AND ADOPTED this 8th day of September, 2022. 106 107 CITY OF BOYNTON BEACH, FLORIDA 108 109 YES NO 110 111 Mayor — Ty Penserga 112 113 Vice Mayor —Angela Cruz 114 115 Commissioner— Woodrow L. Hay 116 117 Commissioner — Thomas Turkin 118 119 Commissioner —Aimee Kelley 120 121 VOTE 122 123 124 4 S:ACA\RESO\Budget\2022 - 2023 Budget\Tentative Budget - Reso - September 8 2022.Docx Page 46 of 1018 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 ATTEST: Maylee De Jes6s, MPA, MMC City Clerk (Corporate Seal) Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 5 S:ACA\RESO\Budget\2022 - 2023 Budget\Tentative Budget - Reso - September 8 2022.Docx Page 47 of 1018 -11scal Yea�r 22/23 I sliMilludget Hearing September , 2022 Jim Stables, Interim City Manager Mara Frederiksen, Director of Financial Services Anthony Davidson, Budget Manager Page 48 of 1018 Millaqe & Budget Approval Schedule @Thursday, September► , 6pm - First Public Millage & Budget Hearing @Thursday, September 22, 6pm Public Millage & Budget Hearing I 2 Page 49 of 1018 Purpose of Milla ME Adopt `' r► Tentative Budget Review Budget ProvideMIM�$ 400 • opportunity • Adopt Rate Resolution for Fire Assessment • Adopt Rate Resolution for Canal Assessment s Page 50 of 1018 State Truth In Millage (TRIM) Proposed 11 The actual tax increase = 12.95% per edr 1 d operational Page 51 of 1018 Proposed Zi711�'TiTi17 Current Year Assessed Value per PA $ 8,079,877,366 $ 8,079,877,366 Gross Taxes Increase (over Rollback Rate Raxes) 12.95% Taxes on Property Values Less CRA TIF & Discounts Net Property Taxes Other Revenues Total Revenues Transfers From Other Funds Total Revenues & Transfers Appropriation of (Increase to) Fund Balance Total Expenditures $ 63,427,037 $ 56,155,956 $ (7,271,082 $ (14,184,533) $ (12,514,0631 $ 1,670,470 $ 49,242,504 $ 43,641,893 $ (5,600,612) $ 39,536,056 $ 39,536,056 $ 88,778,560 $ 83,177,948 $ 21,321,000 $ 21,321,000 $ 110,099,560 $ 104,498,948 $ (2,727,536) $ (2,727,536) $ 107,372,024 $ 107,372,024 Budget (Deficit) Surplus $ - $ 0 800 812) ................................................. ....... .... The June 28th revised value is now 8,079,877,336 which will be reflected after the July budget workshop. 5 Page 52 of 1018 /-X1.1JVJ I I I I1z;l 1 IJ 1 %JJ I UVI.I�J 1z; I Y Y VI N')I I%J[—J General Fund Revenues: Net Ad Valorem Taxes adjustment, 7.85 millage, updates assessed values - $366K Increase in State Shared Revenue Estimates $1.17M Decrease Fire Assessment Revenues by $3M Fund Balance Surplus $2.7M Page 53 of 1018 6 N -n i V V 1 1 I 1 V 1 1 1 V 1 %.. V I L.. V N—n %%-J %.. I . . %.. 1 11.- V 1 1 %.. r.. General Fund Continued Expenditures: Personnel Change - Commission Salary Adjustment (CPI) -$13K Personnel Change - Library Tech Trainer- $29K Personnel Change - Eco Dev Coord-$20K Events - Pirate Fest (shared cost with CRA), budget $380K Page 54 of 1018 /-N1.1JVJ I I I I1z;l 1 I) 1 %JJ I UVI.I�J 1z; I Y Y VI N,)I I%J[—J Other Funds Revenues and Expenses: Increase in Local Option Fuel Taxes Revenue Estimates $69.5K Decrease Parks Rec Trust Impact Fund Balance for Park design $350K Increase CIP for Conceptual Design for City "Welcome Signs" and Digital Sign at Fire Station 3 - $75K Increase Surtax CIP $2.28M and General Gov't $72K for various projects 8 Page 55 of 1018 All Funds - Funding Sources = $267M 11111 ' Franchise Taxes -$5.110, (1.9%) All other -$15.5M, (S.S%) IIIIIIIIIII Water & Sewer Utility Fees -$56.2M, (21.0%) IIII Licenses & Permits -$2.1M, (0.8%) 1111 Special Assessment (Fire) -$6.8M, (2.5%) Property Taxes (Net) -$49.3M, (18.5%) 1111111 ��� 11111111.. Charges for Services -$8.3M, (3.1%) 1 Capital Sources (Reserves, Bond, etc.) -$47.2M, (17.7%) Intergovernmental -$11.3M, IIIIIIIIIII Fund Transfers -$21.3M, (8.0%) Internal Services -$19.7M, (7.4%) Illlu public Service Taxes -$11.6M, (4.3%) 1111111 Solid Waste Fees -$12.6M, (4.7%) 'IIII Solid Waste Fees -$12.6M, (4.7%) (IIIIIIIII Public Service Taxes -$11.6M, (4.3%) IIVIIII Intergovernmental -$11.3M, (4.2%) IIII Internal Services -$19.7M, (7.4%) ! � Charges for Services $8.3M, (3.1%) rid o (IIIIIIIII Special Assessment (Fire) -$6.8M, (2.5%) 111111 Licenses & Permits -$2.1M, (0.8%) III II Fund Transfers -$21.3M, (8.0%) 111111111 Franchise Taxes -$5.1M, (1.9%) All Other -$15.5M, (5.8%) 9 Page 56 of 1018 All Funds - Expenditures = In Golf Course -$2.7M, (1.0%) VIII Self Insurance -$6.9M, (2.6%) All Other -$10.4M, (3.9%) 111111 Fleet -$1 1111111 Debt Service -$11.6M, IIIIIIII Solid Waste -$12.6M, (4.7%) $267M General -$107.4M, (40.2%) IIIIIIIIIII Utility -$56.1, (21.0%) 11111111 Capital (General & Utility) -$47.2M, (17.7%) IIIIIIIIIIII Solid Waste -$12.6M, (4.7%) IIIIIIIIIII Debt Service -$11.6M, (4.3%) 1111111111 Fleet -$12.1M, (4.5%) Illllllf Self Insurance -$6.9M, (2.6%) IN Golf Course -$2.7M, (1.0%) All Other -$10.4M, (3.9%) Page 57 of 1018 Page 58 of 1018 11 w .w mmuvuuu�lll APPROPRIATION SUMMARY 2021-22 2022-23 FY22-23 Proposed Variance AMENDED TENTATIVE ADOPTED % of vs FY21-22 Amd of inc (dec) BUDGET BUDGET All Funds $$$ as a 7. GENERAL FUND TOTAL GENERAL FUND 102,643,553 107,372,024 40.2% 4,728,471 4.6% ENTERPRISE FUNDS WATER & SEWER FUND 54,884,450 56,176,736 21.0% 1,292,286 2.4% SOLID WASTE 11,888,142 12,604,689 4.7% 716,547 6.0% GOLF COURSE 2,335,175 2,749,033 1.0% 413,858 17.7% TOTAL ENTERPRISE FUNDS 69,107,767 71,530,458 INTERNAL SERVICE FUNDS FLEET MAINTENANCE 13,690,784 12,152,383 4.6% (1,538,401) -11.2% MATERIALS & DISTRIBUTION (Warehouse) 521,501 559,875 0.2% 38,374 7.4% SELF INSURANCE 6,358,453 6,996,395 2.6% 637,942 10.0% TOTAL INTERNAL SERVICE FUNDS 20,570,738 19,708,653 SPECIAL REVENUE FUNDS TRAFFIC SAFETY 2,598,935 2,900,612 1.1% 301,677 11.6% LOCAL OPTION GAS TAX 1,301,150 1,300,941 0.5% (209) 0.0% BUILDING FUND 3,397,351 3,756,482 1.4% 359,131 10.6% PUBLIC ARTS 303,689 339,700 0.1% 36,011 11.9% COMMUNITY IMPROVEMENTS 339,800 267,775 0.1% (72,025) -21.2% RECREATION PROGRAM REVENUE 742,998 548,936 0.2% (194,062) -26.1% CEMETERY 575,169 423,526 0.2% (151,643) -26.4% TOTAL SPECIAL REVENUE FUNDS 9,259,092 9,537,972 CAPITAL IMPROVEMENT PROJECTS PARKS & RECREATION TRUST 241,067 350,048 0.1% 103,981 45.2% GOLF FUND CIP 289,200 75,148 0.0% (214,052) 0.0% GENERAL GOVERNMENT CIP 5,478,099 4,704,427 1.8% (773,672) -14.1% GENERAL GOVERNMENT - SURTAX 9,514,340 8,807,146 3.3% (707,194) -7.4% UTILITY 47,318,776 33,330,000 12.5% (13,988,776) -29.6% TOTAL CAPITAL IMPROVEMENT PROJECTS 62,841,482 47,266,769 DEBT SERVICE FUNDS TOTAL DEBT SERVICE FUNDS 11,625,894 11,632,169 4.4% 6,275 0.1% TOTAL PROPOSED FOR ALL FUNDS $ 276,048,526 $ 267,048,045 100.07. (9,000,481) -3.3% Page 58 of 1018 11 Millage Residential Prope Monthly Property Tax $ 164.38 $ 169.43 $ 5.05 Homestead Residential Property - Assessed Value Increase = Citywide 2021 2022 % % Tax Calculation Tax Calculation Change Assessed Value $ 300,000 $ 309,000 3.00% Homestead Exemption $ (50,000) $ (50,000) $ (50,000) Taxable Value $ 250,000 $ 259,000 3.60% Tax Rate 7.8900 7.8500 -0.51% Annual Property Tax L_1 973 L_2 033 $ 60.65 Monthly Property Tax $ 164.38 $ 169.43 $ 5.05 Homestead Residential Property - Assessed Value Increase = Citywide 2021 2022 % Tax Calculation Tax Calculation Change Assessed Value $ 500,000 $ 515,000 3.00% Homestead Exemption $ (50,000) $ (50,000) Taxable Value $ 450,000 $ 465,000 3.33% Tax Rate 7.8900 7.8500 -0.51% Annual Property Tax L_3 551 L_3 650 $ 99.75 Monthly Property Tax $ 295.88 $ 304.19 $ 8.31 Assessed Value Increase of 15% (Save Our Home 3% or CPI Change 7%, the lessor) Page 59 of 1018 12 Commercial Property or Non -Homestead Residential Property Maximum 10% Increase= Citywide 2021 2022 % 2022 % Tax Calculation Tax Calculation Chanee Tax Calculation Chanee Assessed Value $ 500,000 $ 575,000 15.00% $ 165,000 10.00% Homestead Exemption $ - $ - $ - Taxable Value $ 500,000 $ 575,000 15.00% $ 165,000 10.00% Tax Rate 7.8900 7,,8500 -0.51% 7,,8500 -0.51% An n ua I Property Tax $__3 945 L_4 514 $ 568.75 $__I 295 $ 111.75 Monthly Property Tax $ 328.75 $ 376.15 $ 47.40 $ 107.94 $ 9.31 Commercial Property or Non -Homestead Residential Property Maximum 10% Increase= Citywide 2021 2022 % 2022 % Tax Calculation Tax Calculation Chanee Tax Calculation Chanee Assessed Value $ 1,000,000 $ 1,150,000 15.00% $ 1,100,000 10.00% Homestead Exemption $ - $ - $ - Taxable Value $ 1,000,000 $ 1,150,000 15.00% $ 1,100,000 10.00% Tax Rate 7.8900 7,,8500 -0.51% 7,,8500 -0.51% An n ua I Property Tax $--7 890 $-9 028 $ 1,137.50 $_8 635 $ 745.00 Monthly Property Tax $ 657.50 $ 752.29 $ 94.79 $ 719.58 $ 62.08 13 Page 60 of 1018 Questions Page 61 of 1018 14 Exhibit 2 CITY OF BOYNTON BEACH SURTAX CAPITAL IMPROVEMENT PLAN FY22/23 PROPOSED BUDGET (Reconciliation) PROJECT NAME Fund -Location -Exp FY 2022/23 FY 2022/23 Proposed Budget Tentative Budget at 7/1/22 for 9/8 Meeting Changes General Government - Construction Administration 303-4101-580.49-17 158,000 158,000 General Government - Carpet Replacement 303-4101-580.62-01 10,000 10,000 - General Government - Misc. Repairs & Replacement 303-4101-580.62-01 40,000 40,000 PC Replacement & Laptop 303-4101-580.64-15 100,000 100,000 - Replace Datrium Server 303-4101-580.64-15 700,000 0 (700,000) Firewall Replacement - Data Center 303-4101-580.64-15 30,000 30,000 - General Government - HVAC Repairs 303-4101-580.64-18 20,000 20,000 - Schoolhouse Children's Museum - Chilled Water AC Design 303-4107-573.62-01 50,000 0 (50,000) Senior Center RTU -1 HVAC Replacement (Dec -23) 303-4111-580.64-18 30,000 30,000 - Carolyn Sims Center - Sealcoat Parking Lot ADA Wilson Park - Renovate playgrounds 303-4113-572.62-03 303-4113-572.63-05 12,000 12,000 0 - - Carolyn Sims Center -Sealcoat Parking Lot 303-4113-572.63-05 11,000 11,000 - Public Works Compound - Planning & Design 303-4116-580.49-17 100,000 100,000 Public Works Compound - Paint fuel tanks 303-4116-580.62-01 5,000 5,000 - PW 41 (Admin, Fleet, Warehouse) CU -1 HVAC Replacement (May -31) 303-4116-580.64-18 10,125 10,125 - MLK Space Buildout (Heart of Boynton Village Shops) 303-4119-521.62-01 45000 (45,000) Police Patrol Laptop Replacement 303-4119-521.64-15 62,000 62,000 - Fire Station 4 2 AHU 2, 3 and CU -1,2,3 HVAC Replacements 303-4126-522.64-18 44,550 44,550 - Fire Station #3 - Bunk Area Restrooms Renovation 303-4127-522.62-01 75,000 (75,000) Fire Station 43 - Apparatus bay ceiling painting & pressure clean 303-4127-522.62-01 100,000 (100,000) Fire Station 43 - Digital Sign 303-4128-522.62-01 25,000 25,000 Fire Station 44 - Bay Floor Coating 303-4128-522.62-01 30,000 30,000 - Fire Station 45 - Generator & Fuel Tank Replacement 303-4129-522.62-01 500,000 25,000 (475,000) Fire Station #5 - Kitchen Renovation 303-4129-522.62-01 20,000 75,000 55,000 Fire Station 45 - Sealcoat Parking Lot 303-4129-522.62-01 35,000 35,000 - Fire Station 2, 3 ,4, 5 - Cameras 303-4199-522.64-15 73,000 73,000 - Library & City Sign 303-4199-580.62-01 50,000 50,000 Security - City Wide Upgrades - Door Hardware - Key 303-4199-580.62-01 75,000 75,000 Child Care Center - ADA 303-4199-580.62-03 203,381 (203,381) Annual Park & Playgrounds Repairs 303-4199-580.63-05 34,000 34,000 - Annual Park Site Furnishings Repair & Replacement 303-4199-580.63-05 75,000 75,000 - Public Safety Radio Tower 303-4199-580.64-14 200,000 50,000 (150,000) Citywide Facilities- Access Control Updates 303-4199-580.64-14 10,000 10,000 - Citywide - Security Upgrades (LPR) 303-4199-580.64-14 50,000 50,000 - Hester Center Building - Exterior Painting 303-4209-572.62-01 100,000 100,000 - Hester Center - Site Improvements (Construction) 303-4209-572.63-05 3,000,000 3,000,000 Hester Center - Bldg., Baseball, Basketball, Parking, - Cameras 303-4209-572.64-15 230,971 230,971 Oceanfront Park - Boardwalk Decking Maintenance 303-4210-572.62-01 10,000 10,000 - Oceanfront Park - Replace Cans, Benches, Cart Corrals 303-4210-572.62-01 25,000 25,000 - Oyer Park - Dredge Channel 303-4211-572.49-17 30,000 30,000 - Oyer Park - Fishing Pier deck replacement 303-4211-572.63-05 350,000 350,000 - Oyer Park - Cameras 303-4211-572.64-15 56,902 (56,902) Tennis Center - Drainage 303-4212-572.62-01 65,000 65,000 Tennis Center - Entry Roadway Rehab 303-4212-572.62-01 25,000 (25,000) Tennis Center - Restroom Renovation 303-4212-572.62-01 15,000 (15,000) Tennis Center - Sidewalk Repairs 303-4212-572.62-01 40,000 (40,000) Tennis Center - Clubhouse Repairs ADA 303-4212-572.62-03 42,000 42,000 - Tennis Center - Har -Tru Courts Renovation 303-4212-572.63-05 60,000 (60,000) Tennis Center - Pickle Ball Courts 303-4212-572.63-05 35,000 35,000 - S:\Finance\Budget 2022-2023\Capital Improvement Projects\FY 2022-23 CIP Proposed Budget, July 31, 2022 (AD, GD, AM) ry 08.10.22CIP Surtax - 303 (GL Recon) Pag&62-D of 1018 Exhibit 2 CITY OF BOYNTON BEACH SURTAX CAPITAL IMPROVEMENT PLAN FY22/23 PROPOSED BUDGET (Reconciliation) CIP GRAND TOTAL I I $ 6,448,4581$ 8,807,146 $ 2,358,688 S:\Finance\Budget 2022-2023\Capital Improvement Projects\FY 2022-23 CIP Proposed Budget, July 31, 2022 (AD, GD, AM) ry 08.10.22CIP Surtax - 303 (GL Recon) Pag&6& of 1018 CAPITAL IMPROVEMENT PLAN FUND 302 PROPOSED C1P BUDGET FY 2022-23 CAPITAL IMPROVEMENT PROGRAM (Reconciliation) PROJECT NAME Account Number Fund -Location -Exp Project Number FY2022/23 Proposed Budget at 7/1/22 FY2022/23 Tentative Budget for 9/8 Meeting Audit Fee 302-4101-519.32-10 GGAU20 7,804 7,804 General Government - Design Administration 302-4101-580.31-90 GG2301 188,000 30,000 General Government - Misc. Repairs 302-4101-580.62-01 GG1102 40,000 150,000 Historic Women's Club -Restrooms, balconies, doors (Design) 302-4145-580.62-01 RP2138 - 250,000 MLK Space Buildout (Heart of Boynton Village Shops) 302-4101-580.31-90 GGxxxx 45,000 45,000 Boynton Beach Blvd Extension 302-4103-580.63-15 GG2005 - 1,250,000 San Castle - Coordination Services 302-4101-580.31-90 GG2302 - 20,000 San Castle - Environmental Survey 302-4101-580.31-90 GG2302 50,000 50,000 TOTAL GENERAL GOVERNMENT PROJECTS1 $ 330,804 $ 1,652,804 Miscellaneous Small Parks Projects Eco Park Construction Mangrove Park -Demo & Study TOTAL RECREATION AND PARKS PROJECT 98-572.63-05 CP0509 15,1 35-572.63-05 RP2203 400,1 27-572.62-01 RP2117 59 Citywide Public Safety Radio System - Principal 302-4122-520-71.01 GG1750 352,614 352,614 Citywide Public Safety Radio System - Interest 302-4122-520-71.02 GG1750 19,009 19,009 Fire Station # 2 (Hardening) Grant 302-4126-522.62-01 FA2205 500,000 500,000 $ 871,623 $ 871,623 TOTAL PUBLIC SAFETY PROJECTS Construction Engineer Inspector - Various Projects Exhibit 1 Changes (158,000) (40,000) 250,000 1,250,000 20,000 $ 1,322,000 SE 1st St - Construction Roadway Improvements 302-4905-580.63-08 TR2001 FY2022/23 FY2022/23 500,000 SE 1stSt- Construction Engineer Inspector 302-4101-580.31-90 TR2001 at 7/1/22 400,000 SE 36st Ave (Gulfstream Blvd) Road Rehabilitation 302-4905-580.63-08 1302-4905-580.63-08 TR2104 800,000 Construction Engineer Inspector - Various Projects 302-4101-580.31-90 TR2301 150,000 Boynton Beach Blvd - Complete Street Project TR2302 1,106,000 1,106,000 TOTAL TRANSPORTATION/ROADWAY PROJECTS I $ 2,956,000 1 $ 1,106,000 CIP GRAND TOTAL FUND RESERVES (Increase) Decrease FUTURE DEBT - BONDS CRA REIMBURSEMENT Other Agencies ARPA GRANT GENERAL FUND TRANSFER LOCAL OPTION GAS TAX PUBLIC SERVICE DEBT UTILITY FUND INTEREST Total Funding Sources - 302 (500,000) (400,000) (800,000) (150,000) $ (1,850,000) - 1 900.000 75 45 600,0001 600,000 500,000 - 1 7501 750 Page 64 of 1018 S 4,704,427 S 72,000 S 4,632,427 1 FY2022/23 FY2022/23 Proposed Budget Tentative Budget at 7/1/22 for 9/8 Meetin 1,225,677 552,323 1,106,000 1,956,000 600.000 - 1 900.000 75 45 600,0001 600,000 500,000 - 1 7501 750 Page 64 of 1018 Requested Action by Commission: The Second Public Budget Hearing to adopt the FY 2022/23 Budget will be held during the City Commission Meeting on Thursday, September 22, 2022 at 6:00 P.M. in the City Commission Chambers. Explanation of Request: How will this affect city programs or services? Fiscal Impact: Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 65 of 1018 5.A. Administrative 9/8/2022 Requested Action by Commission: Ratify the selection of Naomi Cobb as Board Chair and Joe Josemond as Vice Chair of the CRA Advisory Board. Explanation of Request: At the August 4, 2022 meeting of the CRA Advisory Board, Naomi Cobb was appointed as Board Chair and Joe Josemond was appointed as the Vice -Chair. Per the City's Ordinance No. 21-016, the City Commission must ratify the selection of the Board Chair and Vice -Chair. How will this affect city programs or services? There be no affect to any City Programs or Services for this item. 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 66 of 1018 5.B. Administrative 9/8/2022 Requested Action by Commission: Appoint eligible members of the community to serve in vacant positions on City Advisory Boards. Explanation of Request: The attached list contains term openings and vacancies on the various Advisory Boards with the designated Commission Members having the responsibility for the appointment to fill each term opening and vacancy. How will this affect city programs or services? Appointments are necessary to keep City Advisory Boards full and operating as effectively as possible. Fiscal Impact: There is no fiscal impact to the budget for this item. Alternatives: Allow vacancies to remain unfilled. Strategic Plan: Building Wealth in the Community Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 67 of 1018 Type D AttacftrTIENI'lt D A ttac lh rTIE) II'l t A ttac lh rTIE) II'l t A ttac lh rTIE) II'l t A ttac lh rTIE) II'l t D A ttac lh rTIE) II'l t D A ttac lh rTIE) II'l t Description AppoiintirTIENnts aind App�icaints for 09 08 22 AIPIPrill, li aris EdUlcatioin aind YOUlth Advisory Board CE)V,--.flk)S,IC:: E)rta EdUlCahoin aind YOUlth Advisory Board (3)LAE)rriSE), KriStENI'l C:.,)LAE)ir'ir'iSE) EdUlcahoin aind YOUlth Advisory Board I IOLASEweart, IKa UE) EdUlcahoin aind YOUlthA&Asoiry Board Rahirniing, JOC2flylll EdUlcahoin aind YOUlth Advisory Board l:::::E)ir'ir'E)ll, IDairairay I Jbirairy Board Page 68 of 1018 Appointments and Applicants for September 8, 2022 Building Board of Adjustments and Appeals IV Kelley Alt 1 yr term to 3/23 Applicants: None Education and Youth Advisory Board II Hay Alternate 2 yr term to 3/24 IV Kelley Student 1 yr term to 3/23 Mayor Penserga Student 1 yr term to 3/23 Applicants: Maris Appel — Seeking Alternate position Berta Cevallos — Seeking Alternate position Kristen Guerrise — Seeking Alternate position Katie Houseweart— Seeking Alternate position Jocelyn Rahming — Seeking Alternate position Historic Resources Preservation Board IV Kelley Reg 2 yr term to 3/24 Mayor Penserga Alt 1 yr term to 3/23 Applicants: None Library Board II Turkin Reg 2 yr term to 3/24 Mayor Penserga Alt 1 yr term to 3/23 1 Cruz Alt 1 yr term to 3/23 Applicant: Danny Ferrell Page 69 of 1018 From: City Clerk Sent: 'Tuesday, AugLJSt 09, 2022'3:54 AM To: Stanzione, Tarnmy Subject: FW: Advisory Board Appointment application Sent: Thursday, August 4, 20122 0M To: City Clerk <CityClerk@bbf'1,US> Subject: Advisory Board Appointment application Today's date 08/04/2022 Name Maris Appel Phone number Address 8220 Waterline Dr Boynton Beach Florida 33472-2320 United States EmailMLa r iscamc—� 1209—mai i l . co rn Current occupation or, if retired-, former remedial reading teacher, pharmaceutical rep, guardian ad litem, retired, prior occupation office admin., and real estate sallies Education College and post Grad Are youii a registered voter? Y Do you reside within, the y Boynton Reach City limits? Do ou own�manage a business within City limits? mflmld� =� Are you currently serving on a No City board? Have you served on a City No board In the past? tf vv�iclli 7.i-foOl when? Have you ever Ibeen convicted No of a crime? If "yes", when and where? Advisory and Education and Youth Advisory Board Page 70 of 1018 if appointed by the City Commission to serve as board Yes Chair or Vice Chair are you willling to serve in this capacity? personal Qualifications As a senior citizen, I have many years behind me in various forms of education. I have taught children with special needs, I have educated doctors, residents, rnedical students and pharmacists about the various applications of medications for different disease states and have worked with the county representing the needs of children as a guardian ad litern. Professional Memberships Feel free' to attach/upload an. extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answe�rs provided herein are true and accurate. I understand that, if aippointed�, any false statements may be cause for removal from a board. The message has been sent from 73.125. 7,51 (United States) at 2022-08-04 13:10:23 on Chrome 10 3,.0,0,0 Entry M: 564 Referrer: htt,,L)s,- www,bLItn bea oy -ch,o echor io iForm Host: hit s: ni.123fornibuflder.co 12jAj-_ALiEtqEy Li k-,qjjo[! _&_ ,p _:L _ 2pj !n _21t ppt_ _ Page 71 of 1018 Stanzione, Tammy From: City Clerk Sent: Monday, August 22, 2022 9:20 AM To: Stranizione, Tairnmy Subject* FW: Advisory Board Appointment application Attachments, Berta A—Cevallos..,-. CurriWlurn vitae,,---Rev.-8-22.pdf From; bertacevallos <nore,ply@1,23formbLiildei-,coni> Sent: Friday, August 19, 2022 5:36 PM To: City Clerk <CityCIerk@bbfI.us> Subject: Advisolry Board Appointment applicafion Today's date 02/19/2022 �Naime Berta Cevallos Phone number 516-428-0464 Address 63,8, I -as PaIrnas park Boynton Beach FL 33435 United States Email bertacev Ilo maiLconij Current occupation or, if retired, prior Professional, language access services consultant/ Sgarnish Medical and Court Interpreter occupation Education Pursuing Degree in Medical Sociology Are you a registered voter? Yes, Do you reside within the Boynton Beach Yes City 111mits? Do you own/manage a burin ss 'within City yes limits? If "Yes", narne of Berta, Cavalier business: Are you currently serving on a City No board? Have you served on a City board in, the No past? 1 Page 72 of 1018 ZEM If "'yes", when and: where? Advisory Board Education and Youth Advisory Board if appointecl by the City Comm,issioin to serve as, Boaird Chair y or Vice, Cha,ir are you willing to serve in this capacity? I Personal o Pursuing a BS in Medica I Sociology - Southern New Hampshire University - 2021 Qualifications a Pursuing Federal Court Interprieter/Translator Certification — Passed written, proficiency exam on 7/20116,, Federal Oral Exam date pending. # Nationally Certified Healthcare Interpreter --Certification Commission for Interpreters in Healthcare - 2010 — Pilot Exarn Participant. • Medical Interpreter Project - Instructor - Phoenix Children's Hospital - April 2008 • Diversity and Inclusiveness — Instructor - Center for Learning an Innovation — North Shore Long Island) Jewish Health System — February 2007 Professionall • Louisiana Language Access Coalition Member - 2021 - Present Memberships Long Island Language Advocates Coalition — LILAC — IFounder Member and Presenter 2010 — Present • Enterprising arid Professional Wonien — Second Vice -President - Suffolk County - 2010 • American Translators Association - Medical Division - Activities Coordinator - 2008-2009 Feel free to attach/upload an bLtP_�L:1j_tQUn._Lz3_Lo ileid=86cO6d4696b96933dO637f3304ea2535 extra sheet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided Ihereirn are true arid! accurate. I understand that, if appointed, any false statements may be cause for removal frorri a board. The message has been sent trona 76608.7U1 (United States) at 2022-08-19 16:3610 on, Chrorne 104.01,0.01 Entry ID: 569 Referrer: htt .tasvw� Iurayrn,tr�n breach or Form Hiost: h s f ni, 1. Y qp__�L bu t iC,�qion iWer,coni vL j1p p po i n t q� e ,a �2_ p Page 73 of 1018 BERTA A,, CEVALLOS CHI, NYSCIT 638 Las Pahrias Park Boynton Beach, FL 33435 (516) 128-0464 bertacevallos@gmad.coim OVERVIEW To utflize nly knowledge, experience, and skills to help create and iniplement cost-effective initiatives directed to accomrnodate individuals with special needs. To bridge I " lie inguistic and cufturall gap with non-Einglish speakers. To help secure comrnurm-abon though devices,, language, and cultural appropriateness as w0l as the highest quallty of services, To ensure cornpliance with federal crude 11 and VI Civil Rghts Act), state, and local rnandiates. To further develop my skills, and earin professional advancernent through on-the-job perforniance. * pursuing a BS in Sociology .... Specialty Me6cal soctology Southern New Hampshir(,.,. University - 2021 * Pursuing Federal Court! Interpreter/Translator Certification - fiasi;edl written proficiency exam on 2/2016. Federal Oral Exan'i �date pending. Nationallly Certified Healthcare Interpreter - Certification Comrnission for Interpreters in Healthcare - 2 '1 t1 2010, Niot Exarn Participant, Medical Interpreter Project - Instructor - Phoenix Childre Hospital April 2008 Diversity and friclusiveness - Instructor - Center ftrr Learning an Innovation -- North Shore Long Island Jewiish Health System - February 20,07 New York State Certified Spanish Court iiii,terpretei,/"rt,uinralatoi, - September 199,9 New York University - Court linterpreter Certification, -,Judy 19p9 New York University - Computer and Techncal Related Material Trainsdation - duly 1999 Universidad C' eniral del Ecuador Facuitad de Ciencias, Acirrimistra6vas -. Servrcio P6biico ­ Septernbe� 1988 Manpower ExecuUve Secretary April 1986 Multiple serninars and web -conferences about Langu,mge Access Services, 2010-2020 Intenrabonal Medical Interpreter Association 2010 First Annual National Tralner's Syniposium - Brunswick, NJ - June 2010 Community Alliance for Research Empowering Sof-jal Change - The Center for Public Fleafth & Health lPolicy Research -. Stony Brook University Medicall Center - Health Sclerae Center - Cohort I - July 2009 Phoenix University - Plursuing a Health ("are Administration Degree, - 2010 Partnering to Dediver ILanguage Services in f-lealth Care New York University - School of Continuing and Professional Studies - N:ew York Presbyterian Flosp�tal October 2008 Effective Leaderslhup for Today's Workforce - North Shore Long Island Jewish Health Systern - Center for Learning and Innovation -- Sel:Aernber 2008 Introduction to Medrcal Interpretation - Center for Dnrnlgrant Health - School of Medicine New York University - Decernber 2004 RELEVAINT EXPERIENCE • Wonen-Owned SrnaH Minority Business Certified - Suffolk County, New York • Official Spanish Translator for SLiffol,k County Executive's Office -- 2020 to Present Publix Supermarket Associate -- Delray each .- 20t8 - 2020 New York State Court Systely, - Freelance Spanish Court linite�,I)i'eter/'Tii'aiislat�or - 2015 to Present, Southampton School District - Professional Interpretation for Educators Prograrn - Instructor - 201,6 CTS - Tellephonuc Spanish interpreter - 2015 to Present New 'York State Court Systern - Freelance Spanish Court Interpreter/Translator - 2010 - 2014 Town of Islip -- Official Spanish traruslator -- 2�013 to Present Town of Babylon - Official Spanish translator , 2011.3 Southampton Hospital - Medical Interpreter Program, - Instructor - 2013 Nassau University Medical Center ­ Introduction to Medical Interpretation - Instructor - 21011 BML Language Consultants LLC - Founder/CEO - Services included interpretation,, transiation, Lraining, and consulting on Language Access Services imAernentatior) programs - 2010 - 20t4l Suffolk County Department of Health, Services - Office of Minority Health - Medical Interpreter Instructor 2009 2010 Special Needs/Language Assistance Coordinator NS-lAJHS - South de Hospital - 2003• 20,10 FacHitatorCenter for Learning and Innovation North Shore - t.ong Isiancl Jewish Health System - 2004 2010 Spanh Court Interpreter/Translal 'or , Unified Court Systern - Queens Farnily Court - 1999-2003 Freelance Interpreter/Translator for Criminal and Civil Courts in Brooklyn, Manhattan and Queens, Civil Court in the Bronx, Long Island and Staten, island - 1999-20001- 2011-20114 Page 74 of 1018 • merriber of advisory corrimittee representing the Tn-State area to the US -Regional, Office of CivIII Rights regarding development and i rnpIernentation of language access services - 20111 • Founding member of Long Island Language Advocates Coalition - October 2010 r • Instructor of the 68 -hour "Introduction to Medical interpretation" to Suffolk prograini offered Couinty Department of fleafth Services employees - 2009-2010 • Medicall Interpreter Instructor - National Scholarshiip - Medical Interpreter Project - Phoenix Children's Hospital - 2008 • Culturally and Luriguistically Appropriate Services Work9rout.) - Consultant - Department of Health - Office of Knority Health - Suffolk County . 2.000 - 2011 • Member of the Limited English Proficiency Workgroup Greater New York Hospital! Associabon 2005 • Advisor to the Urnited English Proficiency Committee North Shore Long Island Jewish Health System - 2004 - 2010 ICOMMUNITY PARTICIPATION • Port Washington Project PUentes - Corrimunity interpreter trainiing instructor 2018 • St PA Mujer - Freelance Spanish translation -- 2008, to, Puesent • 'Foloin of Islip - Housing AuthwIty -Translator - 2012 to Present • Long Island all Dia - Online Magazine - Contributor, Proofreader, Translator 2012 - 2014 • Malke the Road New York - Coin munRy Meehngs Interpreter - 2012-2013 Long Island Language Access Coalition - Guest speaker -- First Annual Conference 2012 • Hispanic Advisory Board to Suffolk COL111ty ExeCLJUve ... Member - November 2008 to 2009 * Minority Nurse Magazine - Interview • "Creating Linguistic Competency in Health Care Facilities" article to be pulphshed on January's 2009 issue - October 2006 * Suffolk County "Building Bridges for, a Healthy Community" Heaft1h Fair - Presenter - Brentwood, NY - October 2007 and 2011 * President -- Board of Directors - Long Island Housing Services, inc, - Suffolk County 2.010 - 2014 M�� 0 Long Island Langu,,uage Advocates Coalition LIILAC -- Founder Member and Presenter 20,10 - Present 0 Enterprising and Professional Women, -- Second Vcc Pu - Suffolk County - 2010, 0 Arnerican Trarislators Association - Medical Divisioin - Activities Coordinator - 20018-2009 National Rifle Association - Firearms Safety Instructor - 2004 RECOGNITIONS • Noininated, for zhe Robert Wood Johnsoin Foundation's -- Community Health Leaders Award 2009, Fault nomination was requested by the Foundation. • U.S. Senate Proclamation - Senator Cesar TrWIZO -- Medical Interpreter's Clay - October 2008 • Suffollk County - 2007 Hurnan Rlght,5 Commission -Chairman Award to 'Special Needs Department - Southside Hospital - Created in 200 3 under my supervision. • 'rown of lsPip - Horioree • Hispanic Heritage Award for Professional Service to the Community - September 20,07, REFERENCES Cheryl Kreshner, MS'W - Semor paralegal/Community Advocate - Empire Justice Center 631 650-2317 225 Eastview Drive, Central Islip, New York 11,722 Hermes Mena, MPA - (Principal Court Interpreter - New York State Unifiied Court System 646 386-589 Lafayette. Street, New York 10013; in lower Manhattan, between Franklin and Leonard Streets, Martha Maffei MSV( - Executive Director - SEPA M;UJE'R 979 219-6369 15 Oak St, Patchogue, New York 11772 Lionel Dajarra - Senior Court Interpreter - Bronx Supreme Criminal Couirt 212 534 8797 265 E 1610 SI:, Bronx, NY 10451. Re-j-ta A, Cevallos - Curriculum Vitae - Rev, 6-21 Page 75 of 1018 From: City Clerk Sent: Tuesday, August 09, 2022 9:54 AM To: Stanzione, Tanirny Subject: FW: Advisory, Board Appointment application Attachments: KG-ReSL]me,pdf Sent: Friday,, August 5, 2022 1:15 PMI To: City Clerk <CltyClerk@ibbfl.us> ........... Anin, I ion Today's date 08/05/2022 Name Kristen GLIerrise Phone number 56,1-445-6120 Address 130 Tara Lakes Dr. W Boynton reach FL - Florida 33436 United States Email u&.r Current occupation or, if retired, prior Seeking Employment occupation Are you a registered'Yes voter? Do you reside within the Boynton Beach Yes City limits? Do you wn/manage a business within City No limits? if "yes", name of business: Are you currently serving on, a City No board? Have you served on a No City board in the past? Page 76 of 1018 Have you ever been No convicted of a crime? If "yes", when and where? Advisory Board Education and Youth Advisory Board If appointed by the City Commission to serve as Board Chair or Yes Vice Chair are you willing to serve in this capacity? Personal QualificationsAs the Executive Director at the FLITS Center, I created a non-profit agency focused' on success outcornes for youth that were transitioning out of the child welfare, system., Additionally, I was the Chair of the Broward County TIL System of Care, a subset of the Children's Strategic Plan providing community wide updates, including, statistics, data analysis of trends, gaps, and successes to public stakeholders on a regular basis regarding the progress in educatioin, and self sufficiency for this population. Professional The Florida Bar Association UPiL Committee 17A member Membiershiips Fee I free to attach/upload an extraht,1ps..-flfq ii.123k) Umbuilder count Ln,pNoqSt WL±pjfLftLid )A8i%EjLafj 21. sheet or resume. Certification 1, the applicant, Iherebly certify that the statements and answers provided herein are true and accurate. II understand that, if appointed, any false, state rne in ts, may be cause for removal fronton a board, The message has been sent from 73.179,69.2 316 (UnOd States,), at 2022 018-05 12:14:40 on Chrome 10 ,0,0,0 Entry IDis 565 Referrerh Lrj , q[gZ Form Hoist: h t "I 6 LtqLLII.,.'LZ3,�ornibLiilde�-,ci 83214 �j�y MW --AZAOA� d-,, !�A L-ApLLflication Page 77 of 1018 Boynton Beach, FL 33436 g ue rri se k @ y a Ii oo . co rn 561,445,6120 1inkedin.com/in/krIsten-guerrise P R 0 F I L E Results-4riven Nonprofit Executive with a proven track record of achieving, sustainable results through growing cohesive, high performing orgainizations. Visionary andl entrepreneurial with an, outstanding record of innovation, and achievement of sustainatille results. Strong business acumen, experienced in deve 11ollping/executi rig, short and long-term tactical organizational plans and relentlessly pursuing program excellence and results. Dedlicaited, passionate and mission -driven 4)dividual with a strong foundation of ethics, high degree of integrity, and superior work ethic. Other strengths encompass Program Managernent/Governance Marketing and PublicRelations Diversity Equity & triclusion Fund Development/Donor R,elatlons financial Accountability/Budgets Graint Writing * Special Events, Promotions A. Corporate Respoiri.sibliity/Stistalniablipty Commuinty OlUtreach * Boardl Relations & Engagement k Customer Relationship Management Staff Training & Development An, authentic leader and change agent able to successfully recruit high performing tearn members, build team structure/loyalty, and Inspire them to produce optimum resullts in, pursuit of organizational goals. Outstanding track record of developing/nurtuding key communirty, partnerships/alliances with deep network of contacts with local and national constituent groups, committees, government, nonprofit organizations, and Industry-leading corporations. Consistent ability to grow sustainable programs through decisive strategic planning and effective organizational development initiatives, BROWARD HOUSING SOLUTIONS, INC. 06/'2020—i/ 022 0 Chief Pr9gLaMl gfflqr Recruited to effectively provide oversight of alll agency programs and manage day-to-day operations to ensure a smooth functioning an efficiency efficient agency. Accountable for strategic planning, resource developirient, marketing/corrimunications, quality assurance, grant writing, client relations, case management, fundraising, community partnerships, audits, and regulatory compliance. Hire, train and manage a staff of 20 a n d admi n iste r a $ 7M budget in support of organizational goa Is - ProEra fTi Management • Oversee and manage the housing, case management services, and facilities maintenance departments, concentrating on adherence to all local,, state, and federal laws, resourcing, developing, training, and team building. Lead the Agency through strategic plans arid business rnodel change. Conis,tanitly ensure that programs quality and organizational stabifity is implemented and realized using standards and controls, systems, and best practices, Directly support housing comphance and the delivery of housing services according to the fiscal, ethical, and legal standards required by, HUD/Federal, State/Biroward Behavioral Health Coalition, and the local ffi,owaird County municipalities. • Oversee the prograrns, operating budget, as well as the collection, disbursement, and accounting practices of all funds, • Clearly cornmunitate a compelling irrilssion reflecting high, cluiality housing services and position the organization as a leader enhancing the quality of life for the 3,00, !individuals in the programs Staff Lea de r 5 h 12 • Developed a program team of individuals that exhibit compassionate and appropriate behaviors with clients and stakeholders, emphaslJng each individual's ability, to grow personally and professlonalilly. • Promote a collaborative, high peirforr-ning organizational culture that fostered passion for the mission, program excellence, teamwork, and a shared purpose, Fundraisin andl Grant Writing • Manage an ongoing funding campaign by working witti leadership to identify, cultivate and solicit individual donors, foundations, and businesses for significant gifts. Create and execute the development of cairripaign materials. • Conduct research and assist in the grant writing process for submission to corporate, foundation, and government funders. Co I1mi t 0 MU - -Y-- m!m:mMIuLk9t • Speaker at variouis functions prornoting the events, and/or the mission. Serve as a key representative, spokesperson, and ambassador of the organization to a wide variety oaf coristlituencies. • Uornpion, outreach efforts to create awareness of affordable housing in the community, Sekgt Acc men . . ....... . .. mmlishts . . . . ........ • Increased occupation occupancy rate and consistently maintain Vacancy rates, above 92%. Successfully reduced Tenant Accounts Receivable (TAR) <3%, Ensured no clients Ilost housing due to lack of incorne throughout COVID-19 Pandernic. • Designed a Management of Housing Process to align, develop, and implement new housing policies & procedures, supporting the o,rga nizat [on's strategic' housing goals, as well as achieved 83% return rate of Client Satisfaction Surveys with average scare of 4-65/5- • Oversaw the design and construction of the new Seniors Noperly, serving, as as liaison with tenants, architects, and County officials. Page 78 of 1018 116suin6 of Kristen Guerrise, MSW a 561 A45.6120 g ue r ir is e k @ y a h oo, co ni Paige I wee PROEES SLONA L ExPERIENCE - (CONTINUED) 01/20,17 - 016/2020 0 Chief Program Officer Recruited here to establish new programs, systems, and policies/procedures, as well as oversee all adminiistratilve, operational,, and program administration for 3 can'rpUses and 600 students to nneet agreed organizational performance pllanis, Led strategic planning, resource development, niarketing/COn'lll'IL�nicatilor)s,, comirnunitV outreach, event management, vendor relatlons, accreditation/Ilcensing, and finiance/budgets. Managed 11 IDire,ct Reports, 85 Indirect and a $331 budget, Q P—e Plainined, developed and lirnplemmented a new strategy for program managernent and devellopment covering relevant areas ofolperatron e.g, Infants, Preschool, VPK, Aftersichool, Summer" camp, Family Support Services, the Children's Museum, volunteers and special projects), Monitored performance (in relevant areas) according to agreed standards arid took necessary action to communicate/adviise/assist according to performa nce levels. Developed and umm<aintainedl KPIs and systerns to irrwasure all necessary aspects. of program management, performance, and development against established standards, Reported regularly to the CEO and Executive Team on all contract cornpliance issues. Managed and controlled departmental expenditures within agreed budgets, Monitored and evaluatedmonthly billing to develop ways to rri contract utillizaition. Grants • Became Infirnately farniliair with cornrnunity grant opportunities and able to create, design arid implement new program serviices that support, enrich, and enhance the agency rnission - • Created grant budgets, wrote grainits and proposals, and supported and coached grant writer to ensuire accwacy of grants and reports, AuLtdiiation & Licensing • Maintained a thorough knowledge of NAEYC requirements and compliance to ensure all: liceinsiing requlrerri were achieved consistently. • Worked closely with Directors to, ensure that all corrective actions related to licensing and accreditation were implemented and rnalata fined. • Part of the Operations teani that oversaw the acquiisition of a new $6M building addition to, the agency's carripus and lied the process to achieve the necessary operationall licensure, THE FLITE CENTER OF BROWARD COUNTY O3/2'008 - 12/2016 0 Foundin), Executive Dirprini, Founding Director responsible for creating and h-niplementing the strategic plan for the JLGIFIL legacy project, The FILITE Center, as well as for the TIL System of Care in Broward County. Coordinated and irnplementaited all operational functions of The FLITE Cerrter� hunnain resources, finance and accounting, data tracking, 11"Tand equipment, graint prograrn oversight, staff supervision, internship SUpervision, etc. Select Accomolishme rits • SUCCeSSfUfly eXecuted the startt,iip of a new nonprofit Increasing time staff frorn 1 empiioyee with a budget Of $33,,00,0 annually to a, staff of 14 (and a University internship prograrn with two interns per semester) and a budget of $750,000 annually. • Designed and implemented a Custorn Database for the collection of needed outcorne tracking and success measures in two agencies • Co.-de5ligned and led the ongoing coordination of a county wlde systern of care continuumi that provides a safety net for youth transitioniing Out of time child welfare system and have appropriate resources and supports to achleve the desired cornmurilty outcomes, • Presented Broward County's System of Care Strategic Plan for Transitloininp Youth at two national) conferences with 200+ attendees, Provided attendees, with the tools necessary to repficane in their own comrnunities, 1141074FIVi mol Master of Social Work Degree (IMSW) Barry LinjVej,LSrty, Miami Shores, Fit Bachelor of Arts Degree in, Psychology City University of New York, College of Staten Island Microsoft Office (Word, Excel, PowerPoint, and Outlook); I-IMIS ServicePojntP YARI)i Page 79 of 1018 Fromi: City Clerk Sent: Monday, August 15,2022 1-10 PM To: tan pone, Tarnmy Subject: FW: Advisory Board Appointment application From: katiehoulseweart <noreply@123formbuildeir,co Sent: Saturday, August 13, 2022 12:36 PM To: City Clerk <CityCIerk@bbfI.us> I Subj�eBoard Appointment application 0 Today's date 08/13/2022 Name Katie Houseweart Phone number 13-3101-0328 Address 35 Cedar Circle Boynton Beach 1. 3',3430 United States Email kafle 110, Us ewea, rt @Vln ai I -cQrn Current occulpa,tion, or, if Graduate Student/PTA President for Poinciana, Elementary retired, prior occupation Education, Bachelors in Comtriunication. Currently in school for Master's in Psychology Do you reside within the .1 Boynton Beach City Ilmits? y Do vom-g=/maniape a business within City limits? T I If "Yes", name of business: Katie, May Holdings LLC/ Arnazon Partner Seller. Are you curreinit�ly serving on a No City bioard? .-lavVI e you served on a City No ,tlioa,rd In the plaist? Have you ever been convicted No ,xf mi criwe? If "Yes", when, and where? Advisory Board Education and Youth Advisory Board I Page 80 of 1018 If appointedby the City Commission to serve as Board Yes Chair or 'ice Chair are youi willing to serve in this capacity?' Personal Qualifications I have been the President of the Poinciana Elementary School PTA for the past two years. Before this, I was the Fundraising Chair. I am currently attending school for my Master's Degree in Forensic Psychology and have education in research, assessment, and planning of programming. As a mother of two elementary -aged children, I also have first-hand' experience in some of the, education and youth needs In the area. I Would like to be more involved in our community government and help, in any way possible. With my experience, I am comfortable speaking with area schools and students and surveying needs that could be addressed. In addition, I have fundraising experience, Professional Memberships Parent Teach Association American Psychological Association American Psychology -Law Society Delta Gamma Alumni University of South Florida Alumni P'eeli free to attach/uiplioad an extra sheet or resume. Certification I, the appficant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements rnay be cause for removal from a board. The message has been sent frorn 99,38. 88,155 (United States) at 2022-08-13 1136:27 on Chrorne 104.0.0,0 Entry M: 568 Referrer: http Fo'rm HosV h tL , loan .123forrnbufldgL, s -------- _cg_ML5A]L2_1_4La2�yi o g(LaLdaRp2jLi Ln Liellt-. ni APPLL �.!Jo Page 81 of 1018 am"m #Ono From. City Clark Sent: Monday, August 22, 2022 9:21 AM To: Stan zione,'"I'arnmy Subject: FW: Advisory Board Appointment apipfication From; Jocelyinforiniage or ply @ 123formbuflder,corn> Sent. Saturday, Auigust 20, 2022 11:05 PM To, City Clerk <01tyC1erk@bbflAJS> Subject: Advisory Board Appointment application Today's date Name Phone number Address Im Education 08/20/2022 Jocelyn Rahnning 529 E Ridge Circle N Boynton each Fl 33435 Un4ed States LgcelyLifonqgg2F rn ._ mailxorn Small Business Owner RM Are you a registered voter? Ye,s Do you reside within the Yes Boynton Beach City lim,its,? Do you own/manage a business Yes within City limits? If "'yes",, name of business: Active owner of a beauty business not yet operational Are you currently serving on City board? ',lavSIII IM Mu e you served on a City No board in the past�? lf "'Yes", which board(s) and when? Have you ever been convicted of a crime? if "yes,", when and where? Advisory Board Education and Youth Advisory Board I Page 82 of 1018 Chair or Vice Chair are you w,illing to serve in this capacity? Personal Qualifications I have been in the service industry for more years than I care to recalil. I know that there is a place and future for the City of Boynton and I would love to be a part of the vision. Mor WNT- extra s,hileet or resuirne. Certification I, the appkant, hereby certify that the staternents and answers provided herein are true and accurate. I understand that, if appointed, any false statenients rnaV be cause for removai frorn a board. The niessagle has been sent from 73.179,31-93 (United States) at 2022-08-20 2205:02 or) Safa:rii 121.2 Entry ID: 570 Refeirrerhtt Lid-coln ill ittices -'M-�' py'L_Q!, _!2 Form Host: fitt S� d p m/f I�Leid— SKY: Lx LLqrrn.123formby(I erx 832 vis in rnent-a j� �Ii ,Ltm(n ��A" —'P Page 83 of 1018 S,tanzioinie, Tammy From: City Clerk Sent: Tuesday, August 09, 2022 9.54 AM To: tan Ione, Tammy Subject: FW: Advisory Board Appointment application From: IIear2Bjir <noreply@ 1.2 3forr-r7buildercom> Sent: IMondaiy, August 1, 2022 4:24 PM To: City Clerk <CityCIerk@bbfl.us> Subject: Advisory Board Appointment application Today'si date Name a&,A*7�,Mw Address 9M Educatilorib Do you reside within the 08/01/2022 Danny Ferrell 954-743-8575 4414 Round Table Ct Boynton Beach FL 33436 United States, Leqr2B �rftotrnaiLcorn Licensed Massage Therapist M go Do you own/mainagei a business No within City limits? Are you currently serving on a Y City board? I Have you served on a City No board in the past? Have you ever been coini,victed No of a crime? if "yes", when and where? Advisory Board Library Board Page 84 of 1018 I,ersonal Quacations I am currently a rnember of the Boynt�on Beach Senior Advisoiry Board and a volunte with the BBPDi Citizen Observer patrol. I am, a member of the City Library and the PB County Library. Professional Memberships AMTA aARP I I" extra shieet or resume. Certification 1, the applicant, hereby certify that the statements and answers provided herein are true and accurate. I understand that, if appointed, any false statements may be cause for removal from aboard, The message has been sent from 172.S8.128,79 (Un ted States) at 2022-018-01 15:24.22 on Whone 15.6 Entry ID: 5,63 Referrer: htt ,) f&q QtL- ) q?Lc h Form HosCintrne.nt a0ficaflon LLvj Page 85 of 1018 6.A. Consent Agenda 9/8/2022 �m City of Boynton Beach Agenda Item Request Form Commission Meeting Date: 9/8/2022 Requested Action by Commission: Accept FY21/22 third quarter report on operations of the Schoolhouse Children's Museum. Explanation of Request: Per the City's Management Agreement with the Schoolhouse Children's Museum (Boynton Cultural Centre, Inc.), the Executive Director shall submit a quarterly report to the City Commission on all of its activities, revenues and expenditures at a regularly schedule Commission meeting. How will this affect city programs or services? This will not affect any City programs or services. Fiscal Impact: There is no fiscal impact to the budget for this item. Alternatives: Do not accept the report. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttaclhtirTIENI'lt Description Lala:>E)LAirn wird 4: Uia ir'tENr' IRE)p irk 1::::Y21122 Page 86 of 1018 hI lI mm Museuim Quarterly Report FY '21/'22 3rd Quarter General Operations The Museum continued to operate at reduced capacity due to COVID concerns, however, there was an increase in both admissions and membership sales during the third quarter of '21/'22 when compared to the previous quarter. Operational format continued to be two play sessions and a half hour closure in between for resetting and spraying of COVID Clear, a hospital grade sanitizer. Masks are no longer required and reservations are strongly suggested. Revenue While not back to pre -pandemic levels, Museum visitation and membership showed general improvement over the quarter though both remain below pre -pandemic levels in terms of unit sales. Income for the quarter was 10% lower for the quarter than the same period last year. This is due to a grant restricted for exhibit replacement that was received in June of 2021. Excluding the City's support, income from operations for FY '21/'22— Q3 was $114,961.96 vs. the 3rd quarter of FY '20/'21 at $127,372.69. Expenses Overall Expenses for the second quarter of '21/'22 were 33% higher than the "pre -pandemic" year of '18/'19. Expenses for FY '21/'22 — Q2 were $177,983.26 vs. $131,519.38 in '20/'21 and $134,156.12 in '18/'19. This increase is due to several factors including payroll, an increase in the threshold used to classify Capital purchases, event expenses, educational materials and exhibit enhancements purchased as part of a restricted grant. Programming Participation in Museum programming is improving, though we continue to do so with reduced class size. Requests for Field Trips and Outreach is slowly improving. Respectfully submitted, Su'3��'Raw Executive Director Page 87 of 1018 Zn Consent Agenda 9/8/2022 Requested Action by Commission: Authorize the Finance Department to reduce the Allowance for Uncollectible Accounts and the Accounts Receivable Accounts by $166,622.36 for 1,007 customers. The write-off period is defined as October 2020 through September 2021 and includes unpaid Utility and Solid Waste billings, miscellaneous charges (late fees, penalties, service adjustments), taxes and other adjustments. Explanation of Request: The Utility has developed processes and procedures to minimize unpaid utility bills. Shut-off for non-payment is the initial action. Payment plans are offered for customers with balances and extenuating circumstances. Tenant accounts are monitored for shut off for non-payment and vacancy and are placed in owner's name, if not already, within 75 days of tenant non-payment. The majority of the write-off balance is a result of bankruptcies, commercial tenant accounts, residential tenant accounts and small balances. The $166,622.36 involves 1,007 customer accounts closed from October 2020 through September 2021. The write-off is a financial process and does not erase the debt from an individual or a property. The City, during account transition, collects any written -off debt that is possible, whether it is a property transaction with owner debt; or, if a "tenant" attempts to open a utility account with the City, past debt is presented for payment/collection before a new account can be established. With assistance from the City Clerk's Office, the lien search process, that is standard for real estate transactions, has been streamlined and is defensible in collection of owner debt. The City is required to establish an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables both in utility and sanitation funds. By establishing that allowance annually, this write-off request will have no impact on the City's financial statements. Liens are placed on properties with large owner debt. Ownership is verified and the majority of properties are sitting vacant, these accounts are not included in the write-off. The properties are being billed for services, and the balances are collected at the time of sale. During the period of October 2020 and September 2021, the City billed approximately $61.5 million in charges for Utility and Solid Waste fees. The amount being requested to be written off comprises just over .0001 percent (.01%) of the total amount billed during that period for water, sewer, storm water and refuse. In addition, the amount is significantly less than our historical write-offs. Below is a schedule of amounts per service type to be written off, a computer-generated report will be available once the system actually writes off the accounts. Collections by Service October 2020 — September 2021: Service & Amount: Refuse - $28,833.32 Stormwater - $12,935.18 Sewer - $41,859.16 Water - $51,049.47 Miscellaneous - $23,968.73 Tax - $4,205.23 Page 88 of 1018 Written Off Adjustments - $3,771.27 Overall Write -Off -Total $166,622.36 Previous Historical write-offs: FY 11/12 - $755,213.93 (0.67% of revenue) FY 13/14 - $319,917.85 (0.52% of revenue) FY 14/15 - $293,496.35 (0.39% of revenue) FY 15/16 & 16/17 - $481,791.17 (0.30% of revenue) FY 17/18 & 18/19 - $167,551.62 (0.01 % of revenue) FY 19/20 - $111,995.88 (0.0001 % of revenue) How will this affect city programs or services? This amount has already been accounted for in the allowance for uncollectible accounts on the financial statements. No fiscal impact. Fiscal Impact: None since this amount has already been accounted for in the Allowance for Uncollectible Accounts on the financial statements. Alternatives: Continue to carry the unpaid accounts in the Accounts Receivable Accounts and the Allowance of Uncollectible Accounts Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 89 of 1018 C." Consent Agenda 9/8/2022 Requested Action by Commission: Authorize the Finance Department to reduce the allowance for uncollectible accounts and the account receivable accounts for the Police Department by $119,703.66. This amount consists of unpaid Police detail charges and other adjustments. The write-off period is defined as FY 2006 to FY 2018. Explanation of Request: Florida Statues Title VI 95. 11, states that the City has four (4) years to collect an outstanding debt. The write- off requested meets the 4 -year threshold. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City to collect these past due amounts have been exhausted. A number of the write-off balance is a result of bankruptcies, closed businesses, and other factors. The City established an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this, the requested write-off approval will have no impact on the City's financial statements. The write-off is a financial process and does not erase the debt of an individual or business. It is important to note; that the City will still collect any written -off debt that is possible. Additionally, although the amounts have been written off, the customer will have to bring their accounts into good standing if they wish to do business with the City in the future. There is no previous write-off history for this period. How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: This amount has already been accounted for in the allowance for uncollectible accounts on the financial statements. Alternatives: Continue to carry the unpaid accounts in the accounts receivable accounts and the allowance of uncollectible accounts. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 90 of 1018 Attachments: Type AddE)indUlirn Description 1:::::Y 2022 FloiCE)Il: RE)CE)M,-,.iUE) Wir'RE�l Off Page 91 of 1018 Joe DeGiulio A, lack Bale 2100 High Ridge Road Chief of Police Assistant Chief Boynton Beach, Fl. 33426 561.742.6100 Collections by Years: Account Write-off by Years Year Amount 2006 $ 777.00 2007 12,235.07 2008 1,478.00 2009 429.00 2011 291.00 2012 2,763.00 2013 924.00 2014 4,332.00 2015 9,188.50 2016 57,995.20 2017 18,161.25 2018 $ 11,129.64 $ 119,703.66 Professionalism Respect - Integrity - Dedication , Excellence www.bbpd.org Page 92 of 1018 1" Consent Agenda 9/8/2022 Requested Action by Commission: Authorize the Finance Department to reduce the allowance for uncollectible accounts and receivable accounts for Public Works Department by $43,905.30. The write-off period is defined as FY 2018/2019. The amount includes unpaid roll off, special pick-ups, compactors, and bagsters. Explanation of Request: Per Florida Statues Title VI 95. 11, the City has four (4) years to collect an outstanding debt. It has been determined that these accounts are unlikely to be collected at this point and the appropriate action is to write them off completely. Attempts by the City and its collection agency to collect these past due amounts have been exhausted. The City established an amount for the allowance for uncollectible accounts annually based on overall outstanding receivables. By doing this, the requested write-off approval will have no impact on the City's financial statements. It is important to note, although the amounts have been written off, the customer will have to bring their accounts into good standing if they wish to do business with the City in the future. It is prudent to review, at least annually, the collectability of accounts that have been sent to the collection agency to determine the benefit of having the collection agency continue to attempt to collect the older accounts. Previous Historical Write -Offs: Action Date Amount % of Revenue Account time frame FY18/19 $238,018.39 0.267% FY 06/07 to FY 14/15 FY 20/21 $ 44,687.03 0.193% FY 15/16 to FY 16/17 How will this affect city programs or services? There is no impact to City programs or services. Fiscal Impact: There is no fiscal impact since this amount has already been accounted for in the allowance for uncollectible accounts on the financial statements. Alternatives: Continue to carry the unpaid balance in the receivable accounts and the allowance for uncollectible accounts. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 93 of 1018 Is this a grant? No Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description Solid WastE) Wir'RE) OffS IROll Off Solid WastE) Wir'RE) OffS Coirnpactoir's Solid WastE) Wir'RE) OffS S�PE)Ci4l IC.liclk Ups Solid WastE) Wir'RE) OffS BagStE)rs Solid WastE) Wir'RE) OffS (3)iraind Tbta�� Page 94 of 1018 nt # I Name Roll off 113 $253.12 1315 $4,813.13 1865 $787.75 2346 $247.64 2594 $1,883.67 31331 $504.16 3461E $50.00 3536 $305.72 3736 $40.00 3907 $200.62 6363 $1,058.22 6613 $273.70 7138 $34.85 7641 $511.88 8350 $582.26 8452 $345.43 8482 $413.14 8583 $653.59 8633 $219.94 86428 $213.64 8645 $408.49 8652 $333.76 86611 $292.18 8662k $240.28 86641 $20.00 8674k $387.64 86761 $651.75 8678! $1,278.75 8679 $517.16 8701 $590.24 8731 $522.34 8733 $824.30 8745 $518.20 Page 95 of 1018 Total 8782 $817.41 8798 $408.49 8805 $1,029.35 8809 $10,441.59 8811 $250.18 8812 $1,172.04 8816 $631.16 8839 $1,278.37 8845 $ 202.30 8855 $254.38 8880 $ 250.60 8889 $1,142.49 8890 $420.10 9171 $ 336.28 9881 $987.27 9913 $326.20 9951 $246.82 9953 $310.24 9992 $366.47 10004 $852.02 10012 $ 243.46 10072 $ 270.76 10191 $ 374.09 $42,589.62 Page 96 of 1018 'Account # Name Compactor 363 $210.68 Tota I $210.68 Page 97 of 1018 ccount # Name TP 115 $50.00 8750 $400.00 Total $450.00 Page 98 of 1018 Account # Name Bagster 8688 $139.00' 8744 - $377.00 8800 $139.00 Total $655.00 Page 99 of 1018 Account Type Totals Roll Off $42,589.62 Compactor $210.68 TP $450.00 Bagster $655.00 Grand Total $43,905.30 Page 100 of 1018 6.E. Consent Agenda 9/8/2022 Requested Action by Commission: Proposed Resolution No. R22-120- Adopt annual Comprehensive Fee Schedule for Fiscal Year 2022-2023. Proposed resolution will supersede any Resolution or Ordinance governing all of the attached fees. (R19- 075, R14-057, R21-133, R18-084, R04-176, R08-044, R09-056, R11-115, R12-033, R22-002, R20- 061,Ordinance Chapter 26-8, Ordinance Chapter 13-4, Ordinance Chapter 2.5) Explanation of Request: The attached fee schedule shows existing fees already in place. This agenda item is being brought forward to create a centralized repository for fees collected by the City, so that they may be reviewed annually and revised as necessary during the budget adoption process. Additionally, having all fees in one place allows for greater transparency and ease of use by the public. The City Charter, Resolutions, Code of Ordinances and Florida Statutes give the City Commission authority to set fees and charges for City services. There has not been a comprehensive review or central implementing document in place to provide for regular review of fees. This is the first phase of implementing an annual comprehensive review of City charges. The fees in the attached schedule include charges for recreation, utilities, and other general government charges and represents a reasonable reimbursement to the City for its actual cost in providing City services for the 2022- 2023 fiscal year. As part of the budget process for 2024, other fees that the City charges will be reviewed and added to this implementing document and brought back to Commission for approval. How will this affect city programs or services? N/A Fiscal Impact: No change to existing fees, current fees support revenues accounted for in the FY 22/23 budget adoption. Alternatives: Not adopt having a comprehensive fee schedule. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 101 of 1018 Is this a grant? Grant Amount: Attachments: Type D IRE)S()l LA ti 0 II'l D Exhibit Description RE)SOkAboin adoptiing a schEdLA�E) F:::E)E) SchEdLAE) Page 102 of 1018 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 RESOLUTION NO. R22-120 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA ADOPTING THE ANNUAL COMPREHENSIVE FEE SCHEDULE FOR FISCAL YEAR 2022-2023; PROVIDING FOR CONFLICTS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City is authorized to establish and collect fees for services rendered by the City; and WHEREAS, the charges for various services should be reviewed and revised where necessary on an annual basis during the budget adoption process in order to provide resources to fund the City's upcoming budget; and WHEREAS, the adoption of a comprehensive Fee Schedule will allow Staff and Commission to review fees on an annual basis and all fees will be in one place for transparency and ease of use to City residents; and WHEREAS, the City Commission, upon recommendation of staff, adopts the annual Comprehensive Fee Schedule for Fiscal Year 2022-2023. 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 City Commission adopts the annual Comprehensive Fee Schedule for Fiscal Year 2022-2023, a copy of which is attached hereto and incorporated herein as Exhibit „A„ Section 3. All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 4. This Resolution shall become effective immediately upon passage. S:ACA\RESO\Adopting a Comprehensive Fee Schedule - Reso.docx Page 103 of 1018 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 PASSED AND ADOPTED this day of September, 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\Adopting a Comprehensive Fee Schedule - Reso.docx VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 104 of 1018 o EXHIBIT "A" SCHEDULE OF FEES AND CHARGES FOR SERVICES w w �• Fees Cost for Records Certified Copy (for each certification page that contains the City's seal) $ 1.00 Per page for single-sided copies (no larger than 8 1/2'x 14') 0.15 Per page for double-sided copies (no larger than 8 1/2'x 14') 0.20 Per page for a copy sized 11' x 17' 0.30 CD 1.00 *Extensive research or use of technology: 1 st 30mins at no charge; afterwards the hourly rate of the staff member that fulfilled the request. Traffic Per hour body worn camera processing fee 28.35 CD 1.00 Per hour dispatch research fee 27.37 Postage/ Processing Fees 2.00 Per hour research fees 19.32 Traffic homicide investigation reports 25.00 Per page reports 0.15 Alarm Permit Fees Registration 30.00 Residential 1 st 3 False Alarm - 4 False Alarm 75.00 5 False Alarm 100.00 6 False Alarm 150.00 7 False Alarm + 200.00 Commerical 1 st 3 False Alarm - 4 False Alarm 200.00 5 False Alarm 500.00 6 False Alarm 750.00 7 False Alarm + 1,000.00 Police Detail Regular 50.00 Premium 60.00 Footnote / E)planation Effective: March 16. 2022 Page 105 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Resident Fee I Non -Resident Feel Membership Fees 11 -inks Premium Season Membership (Nov - Apr) 1 $2,500 - $5,000 $2,500 - $5,000 Links Premium Family Membership (Nov - Apr) 1 4,000 - 8,000 1 4,000 - 8,000 Links Premium Membership Summer Upgrade 300-900 300-900 (May - Oct) for Premium Season Membership holders only Links Loyalty Membership (Nov - Oct) 50-500 50-500 10% off shoulder and winter season, 20% off during summer season, 10% off all Pro Shop merchandise Daily Cart & Green Fees Shoulder months (Nov 1 - Dec 10 & April) 4-60 4-60 In -season (Nov 1 - Dec 10 & April) 5-80 5-80 Shoulder months (Nov 1 - Dec 10 & April) 4-45 4-45 2 Effective: March 16, 2022 Page 106 of 1018 Effective: March 16. 2022 Page 107 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES } Resident Rates Nonprofit Recreation Rental/Reservation /Pro ram I Private lCornmeracal Indoor Arts and Cultural Center Hourly rates Event Hall $ 200.00 $ 260.00 $ 340.00 Recreational Facility Multi Purpose Room Half 35.00 50.00 65.00 Multi Purpose Room Full 55.00 75.00 100.00 Classrooms 35.00 50.00 65.00 Art Room with Patio 100.00 130.00 170.00 Kapok Courtyard (Special Event Permit) 115.00 150.00 200.00 Patio East 35.00 50.00 65.00 Patio West 35.00 50.00 65.00 Harvey E. Oyer, Jr. Hall $ 35.00 $ 50.00 $ 65.00 Hester Center $ 75.00 $ 100.00 $ 130.00 Concession Building Game Room 55.00 75.00 100.00 Gymnasium 115.00 150.00 200.00 Meeting Room 35.00 50.00 65.00 Intracoastal Park Clubhouse $ 140.00 $ 185.00 $ 240.00 2nd Floor Event Room Program Room 35.00 50.00 65.00 Senior Center $ 35.00 $ 50.00 $ 65.00 Activity Room Arts and Crafts Room 35.00 50.00 65.00 Classroom 35.00 50.00 65.00 Multi-purpose room 35.00 75.00 100.00 Sims Center $ 35.00 $ 50.00 $ 65.00 Classroom Room A/B 55.00 75.00 100.00 Room C (Combo A & B) 85.00 120.00 160.00 Athletic Fields Multi-Purpose Fields Athletic Fields $ 20.00 $ 25.00 $ 35.00 (*2 hour minimum) Baseball/Softball Fields 20.00 25.00 35.00 Light Usage Fee 12.00 1 12.00 1 12.00 Woman's Club Daily Rates 1st Floor East/West (Mon-Thurs) $ 315.00 $ 450.00 $ 585.00 1st Floor East/West (Fri-Sun) 472.00 675.00 878.00 2nd Floor (Mon-Thurs) 945.00 1350.00 1755.00 2nd Floor (Fri-Sun) 1417.00 2205.00 2633.00 Entire Building (Mon-Thurs) 1260.00 1800.00 2340.00 Entire Building (Fri-Sun) 1890.00 2700.00 3510.00 Pavilion Sara Sims Daily Rates Required Special Event Permit Sara Sims Performance Pavilion $ 75.00 $ 100.00 1 $ 130.00 Footnote/Explanation Program - providers offering an activity, event or service open to the public Private - An individual using a facility for a private event Commerical - business, commerical, or other for-profit organizations Non-Profit - Fees for a non-profit, 501(c) 3 organization. Proof of non-profit status must be submitted. Effective: March 16. 2022 Page 107 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Program - providers offering an activity, event or service open to the public Private - An individual using a facility for a private event Commerical - business, commerical, or other for-profit organizations Non -Profit - Fees for a non-profit, 501(c) 3 organization. Proof of non-profit status must be submitted. 4 Effective: March 16, 2022 Page 108 of 1018 Non -Resident Rates • Nonprofit #noor Recreation Rental/Reservation /Pro ram Private Commerical Arts and Cultural Center Hourly rates Recreational Event Hall $ 260.00 $ 340.00 $ 445.00 Facility Multi Purpose Room Half 45.00 65.00 85.00 Multi Purpose Room Full 75.00 100.00 130.00 Classrooms 45.00 65.00 85.00 Art Room with Patio 130.00 170.00 225.00 Kapok Courtyard (Permit Required) 150.00 200.00 260.00 Patio East 45.00 65.00 85.00 Patio West 45.00 65.00 85.00 Harvey E. Oyer, Jr. Hall $ 45.00 $ 65.00 $ 85.00 Hester Center $ 100.00 $ 130.00 $ 170.00 Concession Building Game Room 75.00 100.00 130.00 Gymnasium 150.00 200.00 260.00 Meeting Room 45.00 65.00 85.00 Intracoastal Park Clubhouse $ 185.00 $ 240.00 $ 315.00 2nd Floor Event Room Program Room 45.00 65.00 85.00 Senior Center $ 45.00 $ 65.00 $ 85.00 Activity Room Arts and Crafts Room 45.00 65.00 85.00 Classroom 45.00 65.00 85.00 Multi-purpose room 75.00 100.00 130.00 Sims Center $ 45.00 $ 65.00 $ 85.00 Classroom Room A/B 75.00 100.00 130.00 Room C (Combo A & B) 120.00 160.00 210.00 Athletic Fields Athletic Fields $ 25.00 $ 35.00 $ 45.00 Multi -Purpose Fields (*2 hour minimum) Baseball/Softball Fields 25.00 35.00 45.00 Light Usage Fee 12.00 12.00 12.00 Woman's Club Daily Rates 1st Floor East/West (Mon-Thurs) $ 350.00 $ 500.00 $ 650.00 1st Floor East/West (Fri -Sun) 525.00 750.00 975.00 2nd Floor (Mon-Thurs) 1050.00 1500.00 1950.00 2nd Floor (Fri -Sun) 1575.00 2225.00 2925.00 Entire Building (Mon-Thurs) 1400.00 2000.00 2600.00 Entire Building (Fri -Sun) 2100.00 3000.00 3900.00 Pavilion Sara Sims Required Special Event Permit Sara Sims Performance Pavilion $ 100.00 1 $ 130.00 1 $ 170.00 Program - providers offering an activity, event or service open to the public Private - An individual using a facility for a private event Commerical - business, commerical, or other for-profit organizations Non -Profit - Fees for a non-profit, 501(c) 3 organization. Proof of non-profit status must be submitted. 4 Effective: March 16, 2022 Page 108 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Pavilion Amenities and Fees Fee I Holidav Fee I Barrier Free Park $ 95.00 60.00 65.00 210.00 65.00 65.00 95.00 35.00 50.00 50.00 65.00 65.00 95.00 95.00 $ 120.00 75.00 85.00 265.00 85.00 85.00 120.00 45.00 65.00 65.00 85.00 85.00 120.00 120.00 Hester Pavilion 2 (Playground) Pavilion 3 (Field) Intracoastal IP - 1 1 P - 2 1 P - 3 1 P - 4 Jaycee Pavilion 1 (Bathroom Bldg) Pavilion 2 (South) Pavilion 3 (North / water view) Meadows North South Oceanfront North South Sara Sims 1 & 2 40.00 50.00 3 60.00 75.00 4 60.00 75.00 One of the tables is 8' wheelchair accessible Holidays Include: New Years Day, Martin Luther King Jr Day, Presidents Day, Memorial Day, July 4th, Labor Day, Veterans Day, Thanksgiving Day, Christmas Eve and Christmas Day. Holiday Fee also in effect the Saturday and Sunday preceding the observed holiday. 5 Effective: March 16, 2022 Page 109 of 1018 Tennis Center SCHEDULE OF FEES AND CHARGES FOR SERVICES Recreation Rental/Reservation I Resident I Non Residentl Daily Fees Har - Tru $ 8.00 $ 10.00 Composite 3.00 3.75 Junior (13 & under) 6.00 7.50 Tennis Center Annual Permits 300.00 450.00 Senior Center Annual Fee I - 1 40.00 1 Ball Machine Rental Light Fee Pickleball Miscellaneous Fees $10 (up to 1 1/2 hours) $6 per court $3/visit ; $50/30 visit pass 6 Effective: March 16, 2022 Page 110 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Classification Dailv Fees Youth (13 - 17) Adult/ Water Walker/ Lap Swim Discount Pass (30 Visits) I Water Aerobics I Adults Discount Pass (11 Visits) Teens Special Service Fee 1 Damage Deposit Game/Tournament Field Prep Staffing Fee Permit Fees Tournament Services Special Event Vending / Exhibitors 11 Excludes athletic fields and pavilions Fees 1.00 2.00 50.00 3.00 30.00 2.00 300/rental 25 - 50/hr. per staff 35/hr. per staff 25 - 1,000/day 25 - 1,500 / vendor space 7 Effective: March 16, 2022 Page 111 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Parkina Fees and Violations Parking Oyer Park Boat Launch/Trailer Annual Passes Oyer Park FL Residents: $200/year Oyer Park Non -FL Residents: $350/year Oceanfront Park Resident: 50/year Non Resident 200/year Senior Resident (ages 65+): 50/year Parking Oyer Park Daily Rate 1.50 per hour or 1 Daily Max Weekday: 10 2 Daily Max Weekend: 25 Oceanfront Park 1.50 per hour (7 am - 9 pm) Valet Parking Valet License Fee License per Space Ocean Avenue from Seacrest Blvd to Federal Hwy: 150 per Month Requires the execution of a valet parking agreement between the City of Bovnton Beach and applicant Section 14-14.7 (A) 10vertime Parking Section 14-14.7 (B) lExpired Meter Section 14-14.7 (C) lVehicle Parked across line designated parking space Section 14-14.7 (G) jUnlawful use of parking permit Section 14-14.7 (H) jUnlawful parking without required parking permit Section 14-14.7 (1) License plate not visible from drive lanes (Illegally backed in) Section 14-14.11 (G) I Removal of immobilizing device Failure to pay fees within 14 days Failure to pay fees within 90 days ; Amount not to exceed 4-% of amount owed Weekday = Monday - Thursday 2 Weekend = Friday - Sunday; & Holidays $ 25.00 25.00 25.00 25.00 25.00 25.00 25.00 25.00 n/a 8 Effective: March 16, 2022 Page 112 of 1018 Dumpster Rates SCHEDULE OF FEES AND CHARGES FOR SERVICES Solid Waste Collection & Disposal - Residental Residental Sinale Famil Operating Cost $ 11.75 Fuel/Enviromental Charge 5.00 Recycling 1.25 Total Monthly $ 18.00 Multi -Family Operating Cost $ 8.50 Fuel/Enviromental Charge 5.00 Recycling 1.25 Total Monthly $ 14.75 ,Special Pick Up Charges (Each Request) 21Additonal Garbage Cart 75.00 minimum 6.00 each/per month There is an extra pick up charge cost based on the yard dumpster on unscheduled days 1 Includes: Construction debries over a cubic yard, large stumps/trunks, non-scheduled chargable pickup 2 In addition to the cart already provided at the monthly rate 9 Effective: March 16. 2022 Page 113 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES • ' Solid Waste Collection & Disposal Dumpster Rates *Commercial, Industrial and Government Properties: (For Garbage Dumpsters) SIZE 1 TIME 2 TIME 3 TIME 4 TIME 5 TIME 6 TIME 2YD 96.67 165.34 234.17 302.69 371.60 440.04 3YD 138.01 241.17 344.02 447.04 550.05 653.06 4YD 178.34 315.69 453.04 590.39 727.73 865.08 6YD 1 254.17 1 460.04 1 666.06 1 872.09 1 1,078.10 1,284.12 8YD 1 328.69 1 599.39 1 879.09 1 1,153.78 1 1,428.48 1,703.16 There is an extra pick up charge cost based on the yard dumpster on unscheduled days that they are not already paying for 95 Gallon Garbage Carts 95 Gallon Two Pick up per Week Operating $ 14.00 Fuel Charge 5.00 Env. Surcharge 5.00 Total Cost Monthly (For two) $ 24.00 Service will follow residental schedule(Mon/Thurs or Tues/Fri) Additional Garbage Cart to the cart already provided at the monthly rate $12each/per month Footnote / Explanation There is an extra pick up charge (excluding Saturday) based on the yard on unscheduled days that they are not already paying for. When establishing or canceling commerical services monthly charges will be prorated based on the number of days of service. 10 Effective: March 16, 2022 Page 114 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Solid Waste Collection & Commerical Recycling I *Commercial, Industrial and Government Properties: Commerical Recvclin 2 Yard Cardboard Recycler Number of Pick Ups Per Week 2 Yard 1 2 3 4 Rental $ 23.00 $ 23.00 $ 23.00 $ 23.00 Operating 10.67 57.35 104.64 151.92 Fuel Charge 5.00 5.00 5.00 5.00 Env. Surcharge 5.00 1 5.00 1 5.00 1 5.00 Total Cost Monthly $ 43.67 1 $ 90.35 1 $ 137.64 1 $ 184.92 3 Yard Cardboard Recycler Number of Pick Ups Per Week 3 Yard 1 2 3 4 Rental $ 29.00 $ 29.00 $ 29.00 $ 29.00 Operating 7.67 56.08 106.17 148.43 Fuel Charge 5.00 5.00 5.00 5.00 Env. Surcharge 5.00 1 5.00 1 5.00 1 5.00 Total Cost Monthly $ 46.67 1 $ 95.08 1 $ 145.17 1 $ 187.43 4 Yard Cardboard Recycler Number of Pick Ups Per Week 4 Yard 1 2 3 4 Rental $ 36.00 $ 36.00 $ 36.00 $ 36.00 Operating 3.68 53.89 106.71 143.95 Fuel Charge 5.00 5.00 5.00 5.00 Env. Surcharge 5.00 5.00 5.00 5.00 Total Cost Monthly $ 49.68 $ 99.89 $ 152.71 $ 189.95 There is an extra pick up charge (excluding Saturday) based on the yard on unscheduled days that they are not already paying for. When establishing or canceling commerical services monthly charges will be prorated based on the number of days of service. 11 Effective: March 16, 2022 Page 115 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Solid Waste Collection & Disposal Commerical Recycling *Commercial, Industrial and Government Properties: (Commerical Recycling) 6 Yard Cardboard Recycler Number of Pick Ups Per Week 6 Yard 1 2 3 Rental $ 43.00 $ 43.00 $ 43.00 $ Operating 5.49 57.35 115.81 Fuel Charge 5.00 5.00 5.00 Env. Surcharge 5.00 5.00 5.00 Total Cost Monthly $ 58.49 $ 110.35 $ 168.81 $ 8 Yard Cardboard Recycler Number of Pick Ups Per Week 8 Yard 1 2 3 Rental $ 50.00 $ 50.00 $ 50.00 $ Operating 5.83 60.58 124.74 Fuel Charge 5.00 5.00 5.00 Env. Surcharge 5.00 5.00 5.00 Total Cost Monthly $ 65.83 $ 120.58 $ 184.74 $ 95 Gallon Toter (Blue or Yellow Available) 4 43.00 174.27 5.00 5.00 227.27 4 50.00 224.78 5.00 5.00 284.78 95 Gallon One Pick Up Per Week Operating $ 7.98 Fuel Charge 5.00 Env. Surcharge 5.00 Total Cost Monthly per Container $ 17.98 There is an extra pick up charge (excluding Saturday) based on the yard on unscheduled days that they are not already paying for. When establishing or canceling commerical services monthly charges will be prorated based on the number of days of service. 12 Effective: March 16, 2022 Page 116 of 1018 Compactors SCHEDULE OF FEES AND CHARGES FOR SERVICES Solid Waste Collection & Disposal *Commercial, Industrial and Government Properties: (Compactors) 2 Yard Compactor Number of Pick Ups Per Week Number of Pick Ups Per Week 2 Yard 1 2 3 4 5 6 Disposal $ 27.01 $ 59.02 $ 91.03 $ 112.07 $ 155.03 $ 187.04 Operating 97.09 199.18 301.75 403.39 505.84 607.60 Fuel Charge 5.00 5.00 5.00 5.00 5.00 5.00 Env. Surcharge 5.00 5.00 5.00 5.00 5.00 5.00 Total Cost Monthly 1 S 134.10 15 268.20 15 402.78 15 525.46 15 670.87 15 804.64 3 Yard Compactor Number of Pick Ups Per Week 3 Yard 1 2 3 4 5 6 Disposal $ 43.02 $ 91.03 $ 139.02 $ 187.04 $ 235.06 $ 283.06 Operating 148.15 301.75 454.42 607.60 760.75 913.90 Fuel Charge 5.00 5.00 5.00 5.00 5.00 5.00 Env. Surcharge 5.00 5.00 5.00 5.00 5.00 5.00 Total Cost Monthly 1 $ 201.17 j $ 402.78 1 $ 603.44 1 $ 804.64 1 $ 1,005.81 1 $ 1,206.96 4 Yard Compactor Number of Pick Ups Per Week 4 Yard 1 2 3 4 5 6 Disposal $ 59.02 $ 123.02 $ 187.04 $ 251.03 $ 315.03 $ 379.08 Operating 199.18 475.39 607.60 811.81 1,015.99 1,220.20 Fuel Charge 5.00 5.00 5.00 5.00 5.00 5.00 Env. Surcharge 5.00 5.00 5.00 5.00 5.00 5.00 Total Cost Monthlv I S 268.20 1 S 608.41 15 804.64 15 1.072.84 15 1.341.02 15 1.609.28 There is an extra pick up charge (excluding Saturday) based on the yard on unscheduled days that they are not already paying for. When establishing or canceling commerical services monthly charges will be prorated based on the number of days of service. 13 Effective: March 16, 2022 Page 117 of 1018 Compactors SCHEDULE OF FEES AND CHARGES FOR SERVICES Solid Waste Collection & I *Commercial, Industrial and Government Properties: (Compactors) 6 Yard Compactor Number of Pick Ups Per Week 6 Yard 1 2 3 4 5 6 Disposal $ 91.03 $ 187.04 $ 283.06 $ 379.08 $ 475.11 $ 571.13 Operating 301.75 607.60 913.90 1,220.23 1,526.50 1,832.80 Fuel Charge 5.00 1 5.00 1 5.00 1 5.00 1 5.00 15.00 Env. Surcharge 5.00 1 5.00 1 5.00 1 5.00 1 5.00 1 5.00 Total Cost Monthly $ 402.78 1 $ 804.64 1 $ 1,206.96 1 $ 1,609.31 1 $ 2,011.61 1 $ 2,413.93 8 Yard Compactor Number of Pick Ups Per Week 8 Yard 1 2 3 4 5 6 Disposal $ 123.02 $ 251.03 $ 379.08 $ 507.11 $ 635.15 $ 763.17 Operating 403.39 811.81 1,220.23 1,628.62 2,037.04 2,445.40 Fuel Charge 5.00 1 5.00 1 5.00 1 5.00 1 5.00 15.00 Env. Surcharge 5.00 1 5.00 1 5.00 1 5.00 1 5.00 1 5.00 Total Cost Monthly $ 536.41 1 $ 1,072.84 1 $ 1,609.31 1 $ 2,145.73 1 $ 2,682.19 1 $ 3,218.57 There is an extra pick up charge (excluding Saturday) based on the yard on unscheduled days that they are not already paying for. When establishing or canceling commerical services monthly charges will be prorated based on the number of days of service. 14 Effective: March 16, 2022 Page 118 of 1018 �ua i ml"'iViul'uu a ���om�� i iumiuiuiuiuiuiuiuiuiiuiuiuiuiiuiuiiuiuiuiuiuul SCHEDULE OF FEES AND CHARGES FOR SERVICES • ' Solid Waste Collection & Disposal Roll Offs *Commercial, Industrial and Government Properties: (For Roll Offs) 10 Yard Rolloff Service Charge $ 335.00 Fuel Surcharge $ 20.00 Environmental Charge $ 10.00 Total Cost Per Service* $ 365.00 *10 yard containers have a 3 ton limit (Every 2000 lbs = 1 ton) 20 Yard Rolloff Service Charge $ 410.00 Fuel Surcharge $ 20.00 Environmental Charge $ 10.00 Total Cost Per Service* $ 440.00 *20 yard containers have a 4 ton limit (Every 2000 lbs = 1 ton) 30 Yard Rolloff Service Charge $ 485.00 Fuel Surcharge $ 20.00 Environmental Charge $ 10.00 Total Cost Per Service* $ 515.00 *30 yard containers have a 5 ton limit (Every 2000 lbs = 1 ton) 40 Yard Rolloff Service Charge $ 560.00 Fuel Surcharge $ 20.00 Environmental Charge $ 10.00 Total Cost Per Service* $ 590.00 *40 yard containers have a 6 ton limit (Every 2000 lbs = 1 ton) Footnote / Explanation Must be paid in advance prior to delivery or service 15 Effective: March 16. 2022 Page 119 of 1018 Roll Off Fees SCHEDULE OF FEES AND CHARGES FOR SERVICES Solid Waste Collection & Disposal I Fees Overage Fee 1 $25 per every 1000 lbs over limits Inactivity Fee 50 per month If roll off is not serviced a minimum of once in a 30 day period Trip Charge 1 50 each occurrence If driver is unable to service the container due to being blocked, overloaded, gate lock, etc Saturday Special Pick Up 200 Must call before 12 pm the Friday before to arrange. (holidays excluded) Paid in advanced Relocation Only 75 To move the container to a new location but not emptied. Must be paid in advance Priority Same Day Service 1 200 Must call before 10 am the day of service. Must be paid in advance Violations 1 100 If the transfer station finds material that are not permitted (i.e. contaminated, tired, paint) Customer will be charged the violation fee plus any additional fees charged by transfer station 16 Effective: March 16, 2022 Page 120 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Solid Waste Collection & Dis Roll Off All Sizes Compactors Service Fee Fuel Surcharge Environmental Charge Total Charge per service (exclude tipping fee) *Tipping Fee in Addition Administrative Fee Late Fees Customer shall pay the City, daily interest at a rate established by Section 55.03(1), Florida Statutes, on the unpaid balance, if payment of full account is not accepted within fifteen days after becoming due. Unless otherwise provide by law, daily interest shall accrue until balance is paid in full. Fees $145 20 10 175 $50 per ton 17 Effective: March 16, 2022 Page 121 of 1018 a "Vi�'oMo"frr VVIVIII VIIIVIIIIIVII III'I ,IIllllllllllllll�u' SCHEDULE OF FEES AND CHARGES FOR SERVICES Fire and Life Safety Fees New Construction Fee Plan Review/ Permit Fee 1. Total construction value up to 1.5 million .60% plus 2. Total construction value up to 1.5 million 0.30% (50% due at submittal, remainder due prior to payment) 3. Minimum Fee - Whichever is greater 100 Fire Alarm & All Other Automatic Fire Suppression Systems 1. Minimum Fee - Whichever is greater 100 or 2. Total contract value 0.75% (50% due at submittal for contract values over 1.5 million; remainder due prior to permit) 100 Site Plan Review Fee Additional Fees 1. Work Commencing without a Permit 4x permit fee 2. Plan Revision Fee 100 3. 2nd & Repeated Corrections 50 4. Inspection After Hours 100/hour (2 hours minimum) Reinspections 1. First Reinspection No Charge 2. Second Reinspection 100 3. Third Reinspection 150 4. Fourth & Subsequent Reinspections 250 Footnote / Explanation 18 Effective: March 16, 2022 Page 122 of 1018 Inspection Fees SCHEDULE OF FEES AND CHARGES FOR SERVICES Fire and Life Safetv I Fees 1. 50 - 100 seating capacity $150.00 2. 101 - 300 seating capacity 300 3. 301 - 1000 seating capacity 450 4. 1,001 and over seating capacity 600 max fee Educational Schools, Day Care and Churches 1. 10,000 square feet and under 75 2. 10,001 - 20,000 square feet 150 3. 20,001 - 40,000 square feet 300 4. 40,001 - 50,000 square feet 450 5. 50,001 and over 600 max fee Health Care, Hospitals, Nursing Home, Ambulatory Care, etc & Residental Board & Care 75 1. 1000 square feet and under 2. 1,001 - 10,000 square feet 150 3. 10,001 - 25,000 square feet 250 4. 25,001 - 35,000 square feet 350 5. 35,001 - 50,000 square feet 450 6. 50,001 and over 600 max fee Loaging, Kooming houses, noteis, uormitories & uonaominiumsi Apartments 1. 4 - 25 units / rooms 75 2. 26 - 75 units / rooms 150 3. 76 - 125 units / rooms 300 4. 126 and over 600 max fee In the event the annual Fire and Life Safety Inspection Fee is not paid, the City may enforce non-compliance with this section by sending a notice to the Property Owner and then proceeding to the Code Compliance Board due to the responsible party's failure to pay the annual Fire & Safety Inspection Fee 19 Effective: March 16, 2022 Page 123 of 1018 Inspection Fees SCHEDULE OF FEES AND CHARGES FOR SERVICES Fire and Life Safetv I Fees Mercantile, Business, Storage, Industrial $ 50.00 1. 1,000 square feet and under 2. 1,001 - 3,000 square feet 75.00 3. 3,001 - 5,000 square feet 125.00 4. 5,001 - 10,000 square feet 175.00 5. 10,001 - 25,000 square feet 275.00 6. 25,001 - 50,000 square feet 450.00 7. 50,001 and over 600 max fee Other Miscellaneous Fees 1. Marinas and Docks 75.00 2. Temporary Structures (Kiosk/Tent) 75.00 3. All other occupancies not listed subject to Fire Safety Inspections 75.00 Reinspection Fees 1. First Reinspection No Charge 2. Second Reinspection 100.00 3. Third Reinspection 200.00 4. Fourth & Subsequent Reinspections 300.00 In the event the annual Fire and Life Safety Inspection Fee is not paid, the City may enforce non- compliance with this section by sending a notice to the Property Owner and then proceeding to the Code Compliance Board due to the responsible party's failure to pay the annual Fire & Safety Inspection Fee 20 Effective: March 16, 2022 Page 124 of 1018 Fire Prevention Fees SCHEDULE OF FEES AND CHARGES FOR SERVICES Fire and Life S Additional Fees 1. Fire Hydrant Flow Test 2. Bonfire Permit 3. Fireworks & Pyrotechnic Display Permit/Insp 4. Fire Watch Special Assignment Detail (4 Hour Minimum) a. Personnel Only b. Engine or Rescue Unit Required 5. Special Event After Hours Inspection 6. SERV Cart (Minimum 2 people for 3 hours) W Fees $ 350.00 150.00 250.00 150/hour 300/hour 75/hour 75/per person per hour Effective: March 16, 2022 Page 125 of 1018 Alarm Fees SCHEDULE OF FEES AND CHARGES FOR SERVICES Fire and Life istration Fees 1. Fire Alarm Registration 2. Renewals / Updates False Alarm Fees / Residential **Includes excessive calls for assistance with no medical need 1. 1 st - 3rd False Alarm 2. 4th False Alarm 3. 5th False Alarm 4. 6th False Alarm 5. 7th & Subsequent False Alarms False Alarm Fees / Commerical **Includes excessive calls for assistance with no medical need 1. 1 st - 3rd False Alarm 2. 4th False Alarm 3. 5th False Alarm 4. 6th False Alarm 5. 7th & Subsequent False Alarms Other Miscellaneous Fees 1. Fire alarm failure to notify without 1 hour notice 2. Fire alarm failure to respond within 1 hour Fees No Charge 100.00 200.00 300.00 400.00 No Charge 300.00 600.00 900.00 1,200.00 75.00 75.00 In the event the Fire Prevention or Alarm fees are not paid, the City may enforce non- compliance with this section by sending a notice to the Property Owner and then proceeding to the Code Compliance Board due to the responsible party's failure to pay applied fee. 22 Effective: March 16, 2022 Page 126 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Fees Library Fees Non- Resident (non-resident registers for a library card) 1 30.00 Unique Management Fee (Collection Agency) 12.00 Faxing 1.00/per page Printing (black and white) 0.10/per page Printing (color) 1.00/per page Photocopies (black and white) 0.25/per page Lost Cards Lost card replacement fee 2.00 Lost Books/ Hotspots TBD Lost/ Damaged book fees are determind by the cost to replace the book Lost Hotspot - replacement fee for lost/damaged hotspot 140.00 20.00 1 Lost Hotspot Accessory - replacement fee for lost/damaged accessories Library Late Fines Library went fine free as of 1/21/2020 Proctoring a test I 20.00/per 23 Effective: March 16, 2022 Page 127 of 1018 Standard Public Records Fee SCHEDULE OF FEES AND CHARGES FOR SERVICES Lien Search Fee Single sided copies (no larger than 8 '/2" x14") Double -sided copies (no larger than 8'/2" x 14") Certified Copy (for each certification page that contains the City seal) Copy sized 11" x 17" All other copies (i.e. maps) CD Extensive research or use of technology 24 Fees $ 140.00 15 cents 20 cents 1.00 per page 30 cents cost of duplication of the record 1.00 First 30 minutes no charge; afterwards, charged the hourly rate of the staff member that fulfilled the public records request Effective: March 16, 2022 Page 128 of 1018 W� MOAo Pm. I� VIII VIII IIIIIIIV Ifl � y� I?I�III°° °II,i SCHEDULE OF FEES AND CHARGES FOR SERVICES „ I Illllllilllilllll�� !uuli x Mausoleum Fee Structure Cost of Mausoleum Inurnment Opening & Closing $ 250.00 *or for each person not included in orignal sales agreements prior to 2008 Early/ Late Arrival for Mausoleum entombments/ Inurnments 200.00 Engraving of any crypt/ niche front* $200 per person *or for each person not included in orignal sales agreement prior to Includes the deceased's first name, last name, year of birth, year of death and a hyphen Mausoleum Emblems - Engraved 75.00 New Vases: *4' Vase (only for Niches) 125.00 *8' Vase (only for Crypts) 150.00 Replacement of Vases (Plastic Cup Only): *4' Vase 15.00 *8' Vase 20.00 Disentombment from the Mausoleum 500.00 Including Weekends & Holidays Disinurnment from the Mausoleum 400.00 Including Weekends & Holidays Transfer Fee (of Certificate of Ownership for crypts and 75.00 niches) 25 Effective: March 16. 2022 Page 129 of 1018 uiuuiu uiiiluii�uiuliw" uiuuiuuiuuiuuiuuluuu SCHEDULE OF FEES AND CHARGES FOR SERVICES Mausoleum Fee Structure CRYPTS Crypt Level Single Open/Close Tandem Open/ Close True Companion Open/ Close 3x7'5" 6'x7'5" 3x14' 11" F $2,750 $250 $5,650 $500 $9,000 $500 E $2,750 $250 $6,450 $500 $10,700 $500 D $4,250 1 $250 $6,650 $500 $12,350 $500 C $5,550 $250 $7,150 $500 $14,000 $500 B $5,550 $250 $7,150 $500 $14,000 $500 A $2,750 $250 $5,650 $500 $9,000 $500 *All prices include sandblast engraving and the tray or two trays if the crypt is Tandem or True Companion NICHES Nichel Level Price Open/ Close 12" x 12" A,B,C & D $750 $250 E,F,G & H $1,250 1 $250 IAK & L $450 $250 Footnote [Explanation', 26 Effective: March 16. 2022 Page 130 of 1018 Memorial Park SCHEDULE OF FEES AND CHARGES FOR SERVICES Mausoleum Fee Structure Lot Prici 3'x 9' Lot - City Resident 3'x 5' Lot - City Resident (small lot for 2 cremains only (Replat) Infant Lot - City (up to 4 years old) Sara Sims Memorial Garden 3'x 9' Lot - City Resident Infant Lot - City Resident Memorial Park & Sara Sims Opening & Closing Fees Memorial Garden Monday through Friday - 9:00 a.m to 2:00 p.m Saturday, Sunday, and Holidays Overtime Fee (Beginning 2:00 pm, everyday including holidays) Early/ Late Fee Cremains Interment/ Inurnment Infant Interment Purchase of Urn Vault (R09-056) Sunday Service Fee (all day) Charge O&C on all new sales in Mausoleum after 2008 (fee goes into GF) Disinterments and Disunurnments Disinterment from the Ground (Casket) Disinurnment from the Ground (Cremains) Disinterment from the Ground (Infant) Equipment Set -U Tent, Chairs and Grass Infant Complete Set-up Infant Set-up (less than 8 chairs, no tent) Reinterment Fees (Opening & Closing) Granite Benches 27 $ 525.00 350.00 100.00 $ 325.00 I 75.00 $ 400.00 500.00 250.00 $200/$200 each 1/2hr 250.00 100.00 125.00 300.00 250.00 $ 900.00 500.00 500.00 $ 100.00 50.00 Applied at today's cost. $ 1,250.00 1 Effective: March 16, 2022 Page 131 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES I Charge per I Utilities Field Visit Services Occurrence Field Visit $ 20.00 (Including, but not limited to: initial read on, initial read shut, final read on, final read shut, temporary disconnects, non -emergency shut off for repair, customer requested meter locatesm and installation, movement, or removal of hydrant/construction meters Turn -on after hours 55.00 Turn-off after hours 55.00 Meter test (Based on meter size)* 3/4" 130.00 1 " 150.00 1 1/2" 206.00 2" 230.00 3" and above 515.00 Re -read* (customer request) Residential 30.00 Commercial/Multi-Family 40.00 Water shut-off charge for non-payment 40.00 Labor charge for meter upgrades 60.00 Flow test* 30.00 Dishonored checks 25.00 Late payment 10.00 *No charge if meter error, city's error, or substandard flow rate is detected. Any adjustments to the utility bill will be no more than three Customer Tampering/Damages The utilites department is authorized to collect expenses for damages to meter/services by customers. If damaged result from tampering, a per hour rate for staff time and mateiral will be applied. All charges will Unauthorized reconnection of service 150.00 Pulled meter / reinstallation (in addition to the unathorized 1 50.00 recommection of service charge for instances in which unathorized connections cannot be securely disconnected due to tampering and/or damages or inability to lock the meter Illegal meter bypass (for theft of service after meter has been pulled or 150.00 if jumper lines are used around existing meter. This charge may be applied alone or in addition to other tamping charges) 28 Effective: March 16. 2022 Page 132 of 1018 o�uPkkk;ikrxa iPuiiuumui,,, Ste SCHEDULE OF FEES AND CHARGES FOR SERVICES ji Meters Meter Connection Charges Meter Size (inches) Inside City Outside City Deposit 5/8 and 3/4 $ 220.00 $ 275.00 $ 100.00 1 255.00 315.00 125.00 1 1/2 455.00 565.00 250.00 2 530.00 660.00 440.00 Furnished and installed by and at the expense of 3 customer 750.00 Furnished and installed by and at the expense of 4 customer 1,250.00 Furnished and installed by and at the expense of 6 customer 2,500.00 Furnished and installed by and at the expense of 8 customer 4,000.00 Construction Meters Meter Size (inches) Penalty for Nonread/Month Deposit 3/4 $ 25.00 $ 100.00 1 25.00 100.00 1 1/2 25.00 200.00 2 25.00 200.00 3 150.00 600.00 If the customer requests to increase the size of the water meter to a size greater than originally installed, the customer shall pay only the differential cost between the original meter and the cost of the new meter for both the connection and deposit charges. Footnote / txplanatlon, 29 Effective: March 16. 2022 Page 133 of 1018 30 Effective: March 16. 2022 Page 134 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES • P&Z Activity Fees Major Abandonment (easement or right-of-way) $ 1,500.00 Development Annexation 1,500.00 Administrative Appeal 750.00 Comprehensive Plan Amendment (Map) Up to 50 acres (small scale) 3,000.00 All others 5,000.00 Community Design Plan Appeal 750.00 Conditional Use 2,000.00 1 Development of Regional Impact (DRI) Review Notice of Proposed Change (NOPC) 3,000.00 New DRI or substantial deviation 5,000.00 Review of Annual Report 500.00 Height Exception 750.00 Master Plan (New) & Major Master Plan Modification Less than 10 acres 2,500.00 10 acres or more 3,000.00 New Major Site Plan, Major Site Plan Modifications, & Tech. Site Plan (total projects sq. ft.) up to 49,999 sq. ft 2,000.00 50,000 - 149,999 sq. ft 3,000.00 150,000 - 499,999 sq. ft 3,500.00 500,000 + sq. ft 4,000.00 PID District Code Waivers 500.00 Modification to Development Order 1,000.00 Rezoning Up to 10 acres 2,000.00 10 acres or more 3,000.00 Variance 1,500.00 Footnote I Explanation 1 $1,500 deposit for an NOPC application, and $5,000 for a new DRI or Substantial Deviation, are required at time of filing period, cost of advertising, and staff time will be billed to applicant based on hourly salaries plus 35% for fringe benefits. Costs for current legal ad/public notice will also be paid at time of filing. Fees are not refundable after staff review has begun unless noted otherwise herein. Reviews will be discontinued if a check is returned; to re -apply an applicant must pay the application fee plus the fee for returned checks as established by the City. Applicants applying for activites requiring noticing in the local newspaper (PB Post) shall also remit the current advertising fee to cover said costs. Total project fees are calculated by the sum of the applicable application fees. Fees cover two reviews. Additional reviews will be billed to the applicant based on the hourly rate of salary of 30 Effective: March 16. 2022 Page 134 of 1018 "' PruPN�NNNYr� , �um uumu �° °°°11 °�°°° ° SCHEDULE OF FEES AND CHARGES FOR SERVICES ON • P&Z Activity Fees Minor Administrative Adjustment $ 500.00 Development Landscape Modifications 300.00 Lot Line Modification 500.00 Sign Program 500.00 Sign Program Amendment 150.00 Minor Master Plan Modification 1,000.00 Minor Site Plan Modification Arch./ Elevation changes only (i.e. only requiring review by P&Z Divison) 500.00 Multiple modifications and/or requires multi-department review 1,000.00 Repainting 75.00 New Minor Site Plan 1,500.00 Minor Landscape Modifications 500.00 Footnote [Explanation' Fees are not refundable after staff review has begun unless noted otherwise herein. Reviews will be discontinued if a check is returned; to re-apply an applicant must pay the application fee plus the fee for returned checks as established by the City. Applicants applying for activites requiring noticing in the local newspaper (PB Post) shall also remit the current advertising fee to cover said costs. Total project fees are calculated by the sum of the applicable application fees. Fees cover two reviews. Additional reviews will be billed to the applicant based on the hourly rate of salary of $75. 31 Effective: March 16. 2022 Page 135 of 1018 I w�aro rr � Mof VIIII. I hili SCHEDULE OF FEES AND CHARGES FOR SERVICES �Ny • P&Z Activity Fees Other Applications, Alcohol License sign -off Requests, & Fees New $ 100.00 Renewal/ Special Event 50.00 BTR Zoning Review 50.00 Certificate of Conformity 400.00 s Conceptual Development Meeting 100.00 Historic Preservation Historic Designation - Individual 100.00 Historic Designation - District (per property up to a max of $500) 10.00 Certificate of Appropriateness (COA) - staff only 30.00 Certificate of Appropriateness (COA) - Board review - Minor 50.00 Certificate of Appropriateness (COA) - New Const./ Major Mod./ In 150.00 or out of district Certificate of Appropriateness (COA) - Relocation into or out of district 150.00 Certificate of Appropriateness (COA) - Primary Structure 500.00 Certificate of Appropriateness (COA) - Accessory Structure 250.00 Property Tax Exemption 250.00 Evaluation for Historic Significance / Eligibility for Designation 50.00 Appeal of staff or Board decision 100.00 Legal review of documents (e.g. condo docuemtns, cross-access 500.00 agreement: parking agreements) Mobile Vending Unit Application review 250.00 Permit Fee 50.00 P&Z Permit Reviews (based on review time) up to .5 hr 50.00 .5 - 1 hr 100.00 1 -2 hr 150.00 Postponement Without re-advertisement and re-notification to property owners 25.00 With re-advertisment (in addition to legal ad/notification costs) 250.00 Footnote [Explanation, s Conceptual Development Meetings are applicant requested meetings with plannign staff to discuss any inquiry or potential development. This excludes phone and email inquiries. No fee will be charged for the first meeting. Fees are not refundable after staff review has begun unless noted otherwise herein. Reviews will be discontinued if a check is returned; to re-apply an applicant must pay the application fee plus the fee for returned checks as established by the City. Applicants applying for activites requiring noticing in the local newspaper (PB Post) shall also remit the current advertising fee to cover said costs. Total project fees are calculated by the sum of the applicable application fees. Fees cover two reviews. Additional reviews will be billed to the applicant based on the hourly rate of salary of $75. 32 Effective: March 16, 2022 Page 136 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES P&Z Pre -Application Meeting Resubmittal of Applications (after 2 notices of incompleteness) Sidewalk Cafe application review Site Plan Time Extension (including extensions pursuant to state statutes Special Project Verifications for Grants, Development incentives, Housing Credits & Similar Applications Telecommunications Co -locations Tower Siting/ Tower Replacements New Lease/ Lease Revisions Unity of Title New Unity of Title Release of Unity of Title (plus legal review fee) Waivers, Administrative Zoning Permit Zoning Permit Inspection if required (per inspection) Zoning Verification Letter One question per vacant property or per developed project One to four questions per vacant property or per developed project Each additional questions above the first four Code interpretations or determinations Fees $ 150.00 50% of Original Fee 150.00 750.00 45.00 200.00 750.00 1,500.00 250.00 250.00 200.00 50.00 35.00 50.00 100.00 25.00 200.00 Zoning permits are issued for impovements/elements not requiring a building permit such as fences for single family homes, banner signs, sign copy changes eligible sheds and tiki huts, and pavers, patios and sidewalks (exclude sidewalks within right-of-way) The higher fee is associated with research required for preparing the letter, beyond zoning and use informaiton Pre -application meetings are meetings required prior to application submittal. A preliminary site plan & landscape plan are required at scheduling, One pre -application meeting fee can be credited to the total application submittal fee Fees are not refundable after staff review has begun unless noted otherwise herein. Reviews will be discontinued if a check is returned; to re -apply an applicant must pay the application fee plus the fee for returned checks as established by the City. Applicants applying for activites requiring noticing in the local newspaper (PB Post) shall also remit the current advertising fee to cover said costs. Total project fees are calculated by the sum of the applicable application fees. Fees cover two reviews. Additional reviews will be billed to the applicant based on the hourly rate of salary of $75. 33 Effective: March 16, 2022 Page 137 of 1018 Primary Permit Fees SCHEDULE OF FEES AND CHARGES FOR SERVICES Buildina Division Fees Plan Review Fee Plan review fee will be credited against the actual cost of the building permit at the time of permit issuance, if a permit is not issued for any reason subsequent to plan review, the City will retain the plan review fee (non-refundable) 1. Minimum fee; or $75 2. Plan Review Fee Rate - Construction Value 1.0% 0-1,500,000, plus 0.50% 1,500,001 - 5,000,000, plus 0.25% over 5,000,001 Construction Permit Fee: (All types) 1. Minimum fee; or per (4) 75.00 2. Low voltage 40.00 3. Streamlined Residential Program: (i) Program applicarion fee (initial submittal and annual renewal) 250.00 (ii) Water heaters and A/C units change -out 55.00 4. Construction Permit Fee Rate II: II::II: Construction Value(") 2.30% 0 - 1,500,000, plus 1.75% 1,500,001 - 5,000,000, plus 1.00% over 5,000,001 Resubmittal Fee: (Paid at time of resubmittal) 1. First resubmittal No charge 2. Second re-submittal(Rejection for same comments) (i) Minimum fee; or 75.00 (ii) 10% of original permit fee, whichever is greater 10% 3. Third re -submittal and subsequent re -submittal (Rejection for same comments) (i) Four times the original permit fee 4x Revision Fee: 1. Minimum fee; or 75.00 2. $10.00 per page; or 10.00 3. 2.3% of the revision value, whichever is greater 2.3% Stocking Permit Fee Certificate of Use Fee 1. Minimum fee; plus 2. $30 any additional required inspection 200.00 75.00 30.00 Building permit valuations: For permitting purpose, valuation of buildings and systems shall be total replacement value to include structural, value to include structural, electric, plumbing, mechanical, interior finish, relative site work, architectural and design fees, overhead and profit; excluding only land value. Valuation references may include the latest published data of national construction cost analysis services, such as, Marshall -Swift, Means, etc as published by International Code Congress, final building permit valuation shall be set by the Building official. 34 Effective: March 16. 2022 Page 138 of 1018 PruPN��Yrrr . uuu p' u„ I�Vuro All���°°��� SCHEDULE OF FEES AND CHARGES FOR SERVICES • Building Division Fees Primary Permit Fees Department of Business and Professional Regulation Surcharge 1. Minimum fee; or $ 2.00 2. 1.0% of the permit fee costs; whichever is greater 1.0% Building Code Administrators and Inspectors Fund Surcharge 1. Minimum fee; or 2.00 2. 1.5% of the permit fee costs; whichever is greater 1.5% Green Building Fee: 1. 0.05% of the construction value 0.05% Solar Voltaic Systems (1 and 2 Family Residential) 1. Minimum Fee 150.00 2. 2.3% On Construction Value Max 400 Failure to Obtain Permit Fee (Penalty Fee): 1. Four (4) times permit fee; subject to review by Building Official 4x 2. Penalty fee waiver 35.00 Private Provider Permit Fee (Discounted) 1. Plan Review/ Inspections (Discount for full service only) (i) 1.38% On Construction Value 2. Inspections (Discount not provided for single discipline inspections) (i) 1.68% On Construction Value Technology Fee Hardware/ Software Maintenance (Online Application, Digital Plan Review, Mobile Inspections 1. Per permit 2.00 Footnotel, Explanation', 35 Effective: March 16. 2022 Page 139 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Buildina Division Fees Other Departmental & planning & Zoning Division Plan Review Fee (In addition to primary permit fees) Agency Fees 1. See Part III, Land Development Regulations, Chapter 2. Article II, Sections 1. (F) Fire Department Fees: (In addition to primary permit fees) 1. Fire Inspection feesL (i) Code of Ordinances, Part II, Chapter 9. Article II. Section 9 2. Intermin Fire Assessment(Paid at time of Certificate of Occupancy or Completion) (i) See Code of Ordinances, Part II, Chapter 23. Article III, Division II, Section 23-45 Palm Beach County Impact Fees: (In addition to primary permit fees) 1. Per Palm Beach County website City Parks and Recreation Facilities Impact Fee: (In addition to primary permit fees) 1. See Part III Land Development Regulations, Chapter II. Article VI. Section 2. Water and Sewer Capital Facilities Charges: (In addition to primary permit fees) 1. See Code of Ordinances, Part II, Chapter 26, Article II, Division 2, Section 26-34 Art in Public Places Fee:(In addition to primary permit fees) 1. See Code of Ordinances, Part II, Chapter 2. Article XII, Section 2-163 36 Effective: March 16, 2022 Page 140 of 1018 37 Effective: March 16, 2022 Page 141 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES w • Building Division Fees Administrative Fees Alternate Method and Matieral Processing $ 150.00 Building Board of Adjustments and Appeals 250.00 Certificate of Occupancy 1. 24 Hours notice no charge 2. Less than 24-hour notice 200.00 Change of Contractor and/or Subcontractor Fee 35.00 Early Construction Authorization Fee 500.00 Early Power Release 1. Single family, duplexes, townhouse (per meter) 150.00 2. Multi- family buildings - Main building house meter (only) 150.00 (i) Each apartment meter 25.00 3. Commerical (per meter) 150.00 (i) Additional per each 10,000 square feet 150.00 FPL Meter Placement Fee 50.00 Local Product Approval Fee 1,500.00 Master Plan Fee (Floating) (per set) 1. Single family 500.00 2. Multi-family 1,500.00 Permit Applicarion Extension Fee (Maximum of three) 1. First extension 50.00 2. Second extension 75.00 3. Third extension 100.00 Footn6te / Explanation 37 Effective: March 16, 2022 Page 141 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Buildina Division Fees Administrative Fees Permit Extension Fee (prior to expiration) 1. First Extension $ 50.00 2. Second Extension 75.00 3. Third Extension 100.00 4. Permit Extension for period beyond 90 days 250.00 Permit Application or Permit Reinstatement Fee (subject to approval by Building Official) 1. Within 180 days of inactive status 75.00 2. After 180 days of inactive status (i) Minimum fee or 75.00 (ii) 30% of permit fee as calculated at time of reinstatement, whichever is greater 30% Professional Services 50.00 (i.e permit research, due diligence reports, community acknowledement, forms, etc) Replacement Document Fee 1. Permit card 30.00 2. Permitted plans 30.00 plus printing costs Temporary Certificate of Occupancy or Completion (TCO/TCC) TCC or TCO (subject to approval by building offical)(30 day extension) 1. First Extension 2. Second Extension 3. Third Extension (final extension) 4. Additional extension requests Electronic Plans Service Fee 1. Burn digital documents to a CD 2. Download digital images onto a USB Flash Drive 3. Scan documents up to 11" x 17" (one sided) (i) two sided 4. Scan large scale plans and documents (one sided) 5. Paper submittal to digital submittal coordination fee 38 450.00 100.00 200.00 500.00 1,000.00 10.00 10.00 4.00 8.00 5.00 25.00 Effective: March 16, 2022 Page 142 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Building Division Fees Inspection and Plan Review Fees Re -Inspection Fees 1. First re -inspection 2. Second re -inspection $ 50.00 100.00 3. Third and subsequent re -inspection without "correction" done 200.00 Advisory, Special Inspection, or Inspections During Off -Duty Hours 75.00 ($75 per hour, minimum of 2 hours, based on availability) After Hours Plan Review Service 1. Per hour minimum of 2 hours per trade and based on availability policy All fees are non-refundable Fee estimates upon request 75.00 39 Effective: March 16, 2022 Page 143 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Certificate of Use and Occupancy Fees I Development Application Fee Single -Family, Townhome, Condominium Rental Property Flat Rate $25 All other uses - including Home Based Businesses Flat Rate 50 Development Annual Renewal Fee Sinqle-Familv, Townhome, Condominium Flate Rate 12.50 Apartments, Hotels, Commerical, Industrial, Retail 25.00 properties Inspection Fees Fire Fire Department Variable - see below Building/Code Building or Code Compliance - Initial Inspection - No Charge New Applications New Applications 40 Effective: March 16. 2022 Page 144 of 1018 Failed Inspection - re -inspection charges First re -inspection Flat Rate 50 Second re -inspection Flat Rate 100 Third and each subsequent re -inspection Flat Rate 200 After hours inspections Per hour; min two hours 75 Biennial re -inspection charges: Building/Code Single-family, townhome, condominium Flat Rate 50 Building/Code Individual unit - apartment, hotel, motel Flat Rate 15 Building/Code Commercial/ Industrial up to 5,000 sq ft Flat Rate 50 Building/Code Commercial/ Industrial up to 5,001 - 25,000 sq ft Flat Rate 65 Building/Code Commercial/ Industrial over 25,001 sq ft Flat Rate 75 Building/Code Non-profit/ Churches up to 10,000 sq ft Flat Rate 50 Building/Code Non-profit/ Churches over 10,000 sq ft Flat Rate 65 Development Local Agent change of information Flat Rate 10 Development Fine for failure to obtain Certificate of Use and Occupancy Maximium; Up to 500 40 Effective: March 16. 2022 Page 144 of 1018 °► Q�uPN�YYYY� , SCHEDULE OF FEES AND CHARGES FOR SERVICES Certificate of Use and Occupancy Fees Fire Non-residential, (includes all retail, mercantile, business office, First 1,000 sq. feet $50 industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including restaurants, cafes, and public eating places. Additional 1,000 sq ft. $8 Tents, canopies and temporary structures Flat Rate $35 Churches up to 10,000 sq ft Flat Rate 45 Churches over 10,000 sq ft Churches - each additional 1,000 sq ft over 10,000 Multi-family building (includes hotels, apartments, cooperatives, Three (3) to twenty-four (24) units Flat Rate 50 Twenty-five to 38 units Flat Rate 75 Thirty-nine units to 100 units Flat Rate 100 Each unit over 100 Per Unit 10 Restaurants, cafes and public eating places a. Seating capacity up to 15: 35.00 b. Seating capacity from 16 to 50: 50.00 c. Seating capacity from 51 to 100: 100.00 d. Seating capacity over 100: 200.00 Educational: a. Nursery day care: 35.00 b. All others: 75.00 All others not classified above: 50.00 Businesses or professional individuals sharing one office suite or bay shall be charged only one fire inspection fee. The fees established in division (c), (d), and (e) shall accrue annually. In the event the annual fire and safety inspection fee is not paid, the city may enforce the non-compliance with this section by sending a notice of violation to the industrial property owner, commercial property owner, business owner, or owner of the multi-family residential dwelling, and then proceeding to the Code Compliance Board due to the responsible parties failure to pay the annual fire and safety inspection fee. Footnote,/ Ex anatiori: 41 Effective: March 16. 2022 Page 145 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES - - • • - SIC Description Fee 0742 Veterinarian* $ 216.48 0752 Animal Specialty Service 97.24 0781 Landscape Architect* 216.48 0782 Lawn & Garden Service 162.07 0783 Tree Trimming 162.07 1520 Contractor - Residential 269.72 1530 Contractor - Building 269.72 1540 Contractor - General 269.72 1611 Contractor - Paving 269.72 1620 Contractor - Heavy Construction 269.72 1623 Contractor - TV Antenna & Tower 269.72 1624 Contractor - Underground Utilities (ref. 1623) 269.72 1625 Contractor - Concrete 269.72 1626 Contractor - Marine 269.72 1629 Contractor - Tennis Court 269.72 1700 Miscellaneous Specialty 97.24 1701 Asphalt Sealing & Coating 97.24 1702 Landscaping 97.24 1703 Lathing 97.24 1704 Residential Gutter & Downspout Installation 97.24 1705 Striping 97.24 1706 Vinyl Clad Metal Shelving 97.24 1707 Mirror/Shower Door Installation 97.24 1710 Contractor - Irrigation Sprinkler 269.72 1711 Contractor - Plumbing 269.72 1712 Contractor - Air Conditioning 269.72 1713 Contractor - Merchanical 269.72 1714 Contractor - Fire Sprinkler 269.72 1715 Contractor - Refrigeration 269.72 1716 Contractor - Room Air Conditioning 269.72 1717 Contractor - Septic Tank 269.72 1718 Contractor - Solar Water Heating 269.72 1721 Contractor - Painting 269.72 1731 Contractor - Electrical 269.72 1732 Contractor - Communication & Sound 269.72 1733 Contractor - Burglar & Fire Alarm 269.72 1734 Contractor - Sign - Electrical 269.72 1741 Contractor - Masonry 269.72 1742 Contractor - Plastering 269.72 1743 Contractor - Tile, Terrazzo, & Marble 269.72 1744 Contractor - Drywall 269.72 1745 Contractor - Insulation 269.72 1746 Contractor - Acoustical Tile 269.72 1750 Contractor - Window 269.72 1751 Carpentry & Cabinet Installation 97.24 1752 Contractor - Flooring, NEC 97.24 1753 Contractor - Door 269.72 Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department c Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including restaurants, cafes, and public eating places 42 Effective: March 16. 2022 Page 146 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES SIC I Descriation Fee 1754 Contractor - Garage Door 269.72 1761 Contractor - Roofing 269.72 1762 Contractor - Roof Deck 269.72 1763 Contractor - Sheet Metal 269.72 1772 Contractor - Gunite 269.72 1781 Contractor - Well Driller 269.72 1791 Contractor - Reinforcing, Iron & Steel 269.72 1793 Contractor - Glass & Glazing 269.72 1794 Excavation/Grading 97.24 1795 Contractor - Demolition 269.72 1796 Contractor - Elevator 269.72 1797 Contractor - Sign - Nonelectrical 269.72 1799 Contractor - Miscellaneous Special Trade 269.72 1800 Contractor - Aluminum Specialty 269.72 1801 Contractor - Awnings 269.72 1802 Contractor - Boilers and Pressure Piping 269.72 1803 Contractor - Fence Erection 269.72 1804 Contractor - Liquefied Petroleum Gas 269.72 1805 Contractor -Ornamental Iron 269.72 1806 Contractor - Pollutant Storage Systems 269.72 1807 Contractor - Pool/Spa 269.72 1808 Contractor - Pool/Spa Service 269.72 1809 Miscellaneous Contractor 269.72 2024 Manufacturer - Frozen Desserts Number of workers fee schedule: Not exceeding 2 persons 119.24 Not exceeding 4 persons 200.27 Not exceeding 6 persons 269.72 More than 6, not exceeding 10 persons 324.14 More than 10, not exceeding 20 persons 405.17 More than 20 persons 607.75 2099 Manufacturer - Food Preparation See 2024 2299 Manufacturer - Textile Goods See 2024 2389 Manufacturer - Apparel and Accessories See 2024 2392 Manufacturer - Slipcovers 97.24 2396 Manufacturer - Fabricated Trimmings See 2024 2399 Manufacturer - Fabricated Textile Products See 2024 2431 Manufacturer - Millwork See 2024 2434 Manufacturer - Cabinetry See 2024 2439 Manufacturer - Structural Members See 2024 2511 Manufacturer - Wood Furniture See 2024 2512 Manufacturer - Wood Furniture, Upholstered See 2024 2515 Manufacturer - Mattresses See 2024 2591 Manufacturer - Window Coverings See 2024 43 Effective: March 16. 2022 Page 147 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES j" - - • • 111zhim SIC Description Fee 2671 Manufacturer - Plastic Packaging See 2024 2711 Manufacturer - Newspaper Publishing/Printing See 2024 2759 Manufacturer - Commercial Printing See 2024 2834 Manufacturer - Pharmaceutical Preperations See 2024 2842 Manufacturer - Cleaning Preperations See 2024 2844 Manufacturer - Cosmetic Preparations See 2024 2899 Manufacturer - Chemical Preparations See 2024 3083 Manufacturer - Plastic Sheets/Rods See 2024 3089 Manufacturer - Plastic Products, NEC See 2024 3231 Manufacturer - Glass Products See 2024 3271 Manufacturer - Concrete Block/Brick See 2024 3272 Manufacturer - Concrete Products See 2024 3281 Manufacturer - Stone Products See 2024 3354 Manufacturer - Aluminum Extruded Products See 2024 3443 Manufacturer - Metal Products See 2024 3446 Manufacturer - Ornamental Metal Products See 2024 3479 Manufacturer - Coating Application See 2024 3499 Manufacturer - Fabricated Metal Accessories See 2024 3542 Manufacturer - Machinery/ Equipment See 2024 3559 Manufacturer - Special Industry Machinery See 2024 3569 Manufacturer - General Industrial Machinery See 2024 3571 Manufacturer - Computers See 2024 3599 Manufacturer - Machine Shop See 2024 3569 Manufacturer - Electrical Industrial Products See 2024 3571 Manufacturer - Communications Equipment See 2024 3679 Manufacturer - Electronic Components See 2024 3728 Manufacturer - Aircraft Parts See 2024 3861 Manufacturer - Photographic Equipment Processing See 2024 3911 Manufacturer - Jewelry See 2024 3942 Manufacturer - Dolls See 2024 3949 Manufacturer - Sporting Goods See 2024 3993 Manufacturer - Advertising Specialties See 2024 3999 Manufacturer - Miscellaneous, NEC See 2024 4013 Railroad Company 216.48 4118 Ambulance Service 107.66 plus 37.04 per vechicle 4119 Transportation Service, NEC 107.66 plus 37.04 per vechicle 4121 Taxi/Limousine Service 107.66 plus 37.04 per vechicle 4131 Bus Service 107.66 plus 37.04 per vechicle 4173 Bus Service/depot 107.66 4210 Trucking Service 81.04 per vechicle 4222 Cold Storage, per square foot Warehouse, per square footage fee schedule: 5,000 square feet or fraction thereof 243.11 Each additional 5,000 square feet 23.63 4225 Warehouse - Storage, per square foot See 4222 4493 Marina 97.24 4498 Marine Detailing 97.24 Footnote /Explanation, NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including restaurants, cafes, and public eating places 44 Effective: March 16. 2022 Page 148 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES C I Descrintion I Fee 4522 Air Transportation, Nonscheduled 97.24 4724 Travel Bureau* 162.07 4725 Tour Operator 97.24 4731 Freight Forwarding Service 162.07 4780 Packing & Crating 162.07 4783 Express Company 324.14 4813 Telephone Communications 324.14 4822 Telegraph & Other Communications 97.24 4841 Television Services 162.07 4899 Communication Services, NEC 97.24 4924 Natural Gas Distribution 324.14 4925 Liquefied Petroleum Gas Distribution 324.14 5099 Merchant - Wholesale, per inventory Wholesale, per inventory fee schedule: Not exceeding $5,000 269.72 More than $5,000, not exceeding $25,000 377.39 More than $25,000, not exceeding $100,000 539.46 More than $100,000, not exceeding $500,000 810.34 More then $500,000 971.25 5197 Advertising Specialties Sales 97.24 5211 Lumber Company, per inventory See 5399 5261 Nursery: Trees/Plants, per inventory See 5399 5399 Merchant - Retail per inventory Retail, per inventory fee schedule: Not exceeding $5,000 107.66 More than $5,000, for each additional $1,000 or fraction thereof 5.68 5411 Grocery, per inventory See 5399 5421 Market - Meat/Fish/Poultry, per inventory See 5399 5461 Bakery 162.07 5511 Automobile Dealer* 216.48 5531 Auto Parts, per inventory See 5399 5541 Gas Station 162.07 5699 Dressmaking Shop 64.83 5719 Blinds, Shades, Drapery 162.07 5810 Ice Cream Parlor 64.83 5811 Caterer 162.07 5812 Restaurant 3.76 per seat, 107.66 minimum 5813 Drinking Places 539.46 5912 Pharmacy, per inventory See 5399 • Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including restaurants, cafes, and public eating places 45 Effective: March 16. 2022 Page 149 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES sic Descrintion Fee 5930 Antique Shop 162.07 Antique stores and auction houses, selling only objects of value such as quality restored antigues, art objects, jewelry, and the like, but not used merchandise generally. 5932 Used Merchandise Stores 162.07 5933 Pawnbroker 723.51 5944 Jewelry Shop, per inventory See 5399 5945 Handicraft Shop, per inventory See 5399 5961 Mail Order/Catalog 97.24 5962 Vending Machine - Coin - Operated (a) Amusement Vending Machines: Each operator 217.07 In addition, for each machine 28.94 (b) Service Vending Machines: Each operator 72.36 In addition, for each machine 28.94 (c) Merchandise Vending Machines: Each operator 72.36 In addition, for each machine as follows: Requiring deposit under .35 28.94 Requiring deposit over .35 43.42 (Coin-operated Auto Wash and Laundry Machines are addressed separately, under SIC 7543 and SIC 7215, respectively.) The following coin- operated machines are exempt from Business Tax Receipt requirements: Cigarette vending machines (F.S. 210.03) Federal postage stamp machines, Parcel checking lockers, and Toilets (F.S. 205.63) nadulterated Florida -produced citrus juice vending machines (F.S. 205.632) Furthermore, no Business Tax Receipt shall be required for coin-operated machines where the vending machines are owned and operated by charitable or benevolent nonprofit organizations and where the entire proceeds of such machines are used solely for recognized charitable or benevolent purposes. No Business Tax Receipt shall be required for the operation of any machines where such machines are owned by a person who is otherwise issued a Certificate of Use by the city, and such machines are located and operated at the owner's regular place of business. 46 Effective: March 16. 2022 Page 150 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES - - • • - SIC Description Fee 5963 Vending - Mobile $ 97.24 5964 Ice Cream Truck ( Ref. 5963) 107.66 plus 37.04 per vehicle 5965 Lunch Wagon (Ref. 5963) 107.66 plus 37.04 per vehicle 5992 Florist, per inventory See 5399 5995 Optician* 216.48 5998 Auction Company (Ref. 5999) 1,591.74 6020 Bank - Commercial 405.17 6030 Bank - Savings 405.17 6098 Check Cashing Agency 324.14 6099 Financial Services, NEC 324.14 6141 Investment & Trading 324.14 6162 Mortgage Company* 324.14 6163 Mortgage Broker* 162.07 6211 Broker - Securities 324.14 6282 Investment Advice 97.24 6410 Insurance Agent 54.41 6411 Insurance Company 97.24 6412 Medical Claims Processing Service (Ref. 6411) 97.24 6513 Apartment Building 4.05 per room, 37.04 minimum 6514 Rental property four (4) units or less, including single family residential rentals 4.05 per room, 37.04 minimum Footnote/ E)planat on Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including restaurants, cafes, and public eating places 47 Effective: March 16. 2022 Page 151 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Business Tax Receipts Procedure Every rental unit used for residential living purposes in the city must have a Certificate of Use and unless otherwise exempt, must be issued a Business Tax Receipt. This includes rental property four units or less, including single family residential rentals, condominiums, and mobile homes. Business Tax Receipts are issued for a period of twelve months, from October 1st to the following September 30th. They must be renewed annually. To avoid renewal late fees, rental Business Tax Receipt fees are payable by October 1st. After January 30th, late renewals require a Code Compliance (interior and exterior) inspection of the property. Whenever a rental property is sold or otherwise changes ownership, the new owner must do the following: (1) Apply for a new Certificate of use and rental Business Tax Receipt; (2) Schedule an inspection of the rental with the Code Compliance Division. If the inspection process should reveal Zoning, Building, Housing or Fire Code violations, they must be corrected and a re- inspection made by the appropriate department. The owner is given adequate time to correct any violations. All violations must be corrected before occupancy will be approved. Any property that has been found in violation by a code compliance board of the city shall be required to be inspected after six (6) months from the date of the hearing, and again at twelve (12) months after the date of the hearing in which the property was found to be in violation. The owner of a property that has been found to be in violation by a code compliance board of the city shall be required to pay an inspection fee of seventy-five dollars ($75.00) for each of the inspections required. The required inspection fees shall be included as part of the administrative costs assessed by the city and shall be included in any liens filed by the city. NOTE: Fees may change from time to time by Ordinance of the City Commission. The application for Certificate of Use and information forms for rental Business Tax Receipts are available on line at the city's website and at the Development Services Division of City Hall, 100 East Boynton Beach Boulevard. It should be noted that post office boxes are not acceptable addresses for mailing purposes, and actual street addresses are required on the application. Designation of resident agent: No Certificate of Use and Business Tax Receipt shall be issued by the city for a rental dwelling located on a rental premises unless the applicant therefor designates in writing to the city the name, address, and local telephone number of the owner or resident agent to receive service of notice of violation of this Code. The owner may designate as his or her resident agent any natural person eighteen (18) years of age or older who is customarily present at a business location within the city for the purposes of transacting business, or who actually resides within the city. An owner may change his or her designation of a resident by notifying the city in writing of the name, address, and local telephone number of the person designated by the owner to replace the previous resident agent. Any notice of violation or legal process which has been delivered or served upon the previous resident agent prior to the receipt of the city of notice of change of the resident agent shall be deemed effective service. It shall be the sole responsibility of the owner to appoint a reliable resident agent and to inform the resident agent of his correct mailing address. Failure to do so shall be no defense to a violation of this Code. No owner shall designate as a resident agent any person who does not expressly comply with the provisions of this section. The owner or the resident agent shall be deemed to be the "violator" as the term is used in F. S. § 162.06(2). Service of notice of the resident agent shall be deemed service of notice of the owner, tenant and violator. 48 Effective: March 16, 2022 Page 152 of 1018 truPP�NyPYrrr . I�Vuro SCHEDULE OF FEES AND CHARGES FOR SERVICES - -16191111411M SIC Description Fee 6530 Property Management* 97.24 6531 Real Estate Broker 97.24 6541 Title Abstract Office 324.14 6552 Subdividers & Developers, NEC 162.07 7011 Hotels & Motels 4.05 per room, 37.04 minimum 7033 Trailer Parks & Campsites 107.66 plus 3.76 per lot or site 7212 Laundry/Dryclean - Drop Only 107.66 7214 Carpet Cleaning, Mobile (Ref. 7217) 97.24 7215 Laundry Machines, Coin -Operated 72.36 plus 1.45 per machine 7216 Dry Cleaning Establishments 216.48 7217 Carpet/Upholstery Cleaning, Commercial 216.48 7219 Laundry & Garment Services, NEC 64.83 7221 Photography 162.07 7230 Beauty School 216.48 7231 Beauty Parlor, Etc* One Chair 81.04 Each additional chair or manicurist 22.00 7232 Nail Salon* (Ref. 7231) One manicurist table 81.04 Each additional manicurist 22.00 7241 Barber Shops* One chair 81.04 Each additional chair 22.00 7251 Shoe Repair & Shoe Shine Parlor 64.83 7261 Funeral Director* 216.48 7290 Debt Counseling Service (Ref. 7299) 97.24 7291 Income Tax Service 162.07 7292 Valet Parking (Ref. 7299) 97.24 7293 Tanning Salon (Ref. 7299) 97.24 7294 Weight Loss Center (Ref. 7299) 97.24 7295 Family - Home Child Care (Ref. 7299) 97.24 7296 Dating Service (Ref. 7299) 97.24 7297 Electrolysis* (Ref.7299) 97.24 7298 Massage Therapist 107.66 7299 Miscellaneous Personal Services, NEC 97.24 7311 Publication Service, NEC 162.07 7319 Advertising 269.72 7322 Collection Agency* 162.07 7323 Credit Association 162.07 Pooinote /Explanation,, * Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Bankinq & Finance. NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including restaurants cafes and public eating laces 49 Effective: March 16. 2022 Page 153 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES SIC I Description I Fee 7334 Photocopying/Duplicating Service $ 97.24 7336 Commerical Art/Graphic Design 97.24 7337 Typing Service 97.24 7338 Secretarial Services 162.07 7342 Exterminator 162.07 7348 Miscellaneous Commercial Services, NEC 97.24 7349 Janitorial Service 162.07 7359 Rental Service 162.07 7361 Employment Agency 97.24 7362 Nursing Registry 97.24 7370 Data Processing Service 97.24 7371 Computer Programming Service 162.07 7376 Computer Services 97.24 7378 Computer Maintenance & Repair 97.24 7379 Computer Related Services 97.24 7380 Private Detective* 97.24 7381 Security Detective* 97.24 7384 Photofinishing Laboratories 162.07 7385 Books, Periodcals, New Bureaus (Ref. 7389) 97.24 7386 Auto Broker (Ref. 7389) 162.07 7387 Messenger Service (Ref. 7389) 64.83 7388 Appraiser* (Ref. 7389) 216.48 7389 Business Services, NEC 97.24 7390 Handyman (No licenses only renewals) 162.07 7391 Interior Designer* (Ref. 7389) 216.48 7392 Manufacturer's Representative (Ref. 7389) 162.07 7393 Telemarketing/Soliciting* (Ref. 7389) 162.07 7394 Auctioneer* (Ref. 7389) 269.72 7395 Interior Decorator (Ref. 7389) 162.07 7396 Agent or Agency (Ref. 7389) 97.24 7397 Answering Service (Ref. 7389) 97.24 7398 Arts & Crafts - Handmade (Ref. 7389) 97.24 7399 Asbestos Consultant (Ref. 7389) 97.24 7400 Boat Broker (Ref. 7389) 97.24 7401 Draftsman (Ref. 7389) 97.24 7402 Executive Office (Ref. 7389) 97.24 7403 Furniture Installation (Ref. 7389) 97.24 * Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not 50 Effective: March 16, 2022 Page 154 of 1018 � Q�ANP��YYY SCHEDULE OF FEES AND CHARGES FOR SERVICES - - • • - SIC Description Fee 7404 Home Demonstrator (Ref. 7389) $ 97.24 7405 Import - Export (Ref. 7389) 97.24 7406 Interpretation & Translation (Ref. 7389) 97.24 7407 Mail Depot (Ref. 7389) 97.24 7408 Music Recording Studio (Ref. 7389) 97.24 7409 Paralegal (Ref. 7389) 97.24 7410 Pool Cleaning - No chemicals (Ref. 7389) 97.24 7411 Pressure Cleaning (Ref. 7389) 97.24 7412 Sign Painting & Lettering 97.24 7413 Water Softening Service (Ref. 7389) 97.24 7414 Yacht Broker* (Ref. 7389) 97.24 7415 Merchandise Broker (Ref. 7389) 97.24 7416 Financial Consultant (Ref. 7389) 97.24 7417 Showroom (Ref. 7389) 97.24 7418 Courier Service (Ref. 7389) 97.24 7419 Aquarium Service (Ref. 7389) 97.24 7420 Religious/ Charitable Organization (Ref. 7389) 97.24 7421 Pet Sitting (Ref. 7389) 97.24 7422 Housesitting (Ref. 7389) 97.24 7423 Embroidery Service (Ref. 7389) 97.24 7424 Diver - Commercial (Ref. 7389) 97.24 7425 Inspection Service - No Appraisal (Ref. 7389) 97.24 7426 Consultant (Ref. 7389) 97.24 7427 Mediation Counselor 97.24 7513 Truck Rental & Leasing 269.72 7514 Passenger Car Rental 269.72 7530 Auto Pinstripping (Ref. 7532) 97.24 7532 Auto Body Shop, per number of workers* See 2024 7536 Auto Glass Installation* 97.24 7538 Auto Mechanical Repair, per number of workers See 2024 7542 Car Wash 97.24 7543 Car Wash - coin-operated 107.66 plus 22.00 per machine 7544 Auto Detailing 64.83 7549 Automotive Services, NEC* 97.24 7550 Wrecker/Towing Service (Ref. 7549) 81.07 per vehicle 7551 Window Tinting (Ref. 7549) 97.24 7629 Appliance Repair 97.24 7631 Jewelry Repair 31.26 7641 Reupholstery, per number of workers See 2024 7692 Welding, per number of workers See 2024 Footnote [Explanation, * Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not 51 Effective: March 16. 2022 Page 155 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Ic I Descriotion I Fee 7697 Locksmith, per number of workers (Ref, 7699) See 2024 7699 Repair Shops, per number of workers (Ref. 7699) See 2024 7699 Miscellaneous Repair Services, NEC 97.24 7700 Mobile Repair (Ref. 7699) 97.24 7701 Bicycle Repair 97.24 7702 Screen Repair 97.24 7832 Motion Picture Theatre 0.51 per seat, 107.66 minimum 7910 Carnival or Circus (Ref. 7999) 539.46 7911 Dance Studio/ School 162.07 7922 Miscellaneous Theatrical Services 97.24 7928 Adult Entertainment (Ref. 7929) 1,157.63 7998 A floor plan showing square footage of building, 97.24 7999 indicate portion to be allotted for this use and seating - chart if applicable, plus a site plan to show the off- 23.63 street parking, shall be submitted for review with the 81.04 Certificate of Use application and filing fee. 107.66 7929 Entertainers & Entertainment Groups 97.24 7933 Bowling Alley 54.41 per alley 7987 Martial Arts Instruction (Ref. 7999) 97.24 7988 Fishing Guide (Ref. 7999) 97.24 7989 Boat Captain Service (Ref. 7999) 97.24 7990 Athletic Clubs (Ref. 7991) 162.07 7991 Fitness Trainer 97.24 7993 Amusement Arcade, per machine See 5962 7994 Billiards (Ref. 7993) 54.41 per table 7995 Special Events (Ref. 7996) 162.07 7997 Bankruptcy Sale (Ref. 7996) 162.07 7998 Micellaneous Recreation Services, NEC 97.24 7999 Boats - Recreation - Small motor crafts, each 23.63 1-5 passenger capacity 81.04 6-10 passenger capacity 107.66 10-50 passenger capacity 162.07 Over 50 passenger capacity 269.72 , Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including 52 Effective: March 16, 2022 Page 156 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES Sic I Description I Fee 8011 Physician` $ 217.07 8012 Psychiatrist 217.07 8013 Ophthalmologist 217.07 8021 Dentist` 217.07 8031 Osteopath` 217.07 8034 Relaxation Therapist (Ref. 8049) 217.07 8035 Psychotherapist (Ref. 8049) 217.07 8036 Psychologist (Ref. 8049) 217.07 8037 Physical Therapist (Ref. 8049) 217.07 8038 Occupational Therapist (Ref. 8049) 217.07 8039 Midwife (Ref. 8049) 217.07 8040 Mental Health Counselor (Ref. 8049) 217.07 8041 Chiropractor` 217.07 8042 Optometrist` 217.07 8043 Podiatrist` 217.07 8044 Hypnotist (Ref. 8049) 217.07 8045 Dietitian (Ref. 8049) 217.07 8046 Clinical Social Worker (Ref. 8049) 217.07 8047 Audiologist (Ref. 8049) 217.07 8048 Acupuncturist (Ref. 8049) 217.07 8049 Health Practioners, NEC` 217.07 8051 Skilled Nursing Care Facilities 162.07 8059 Nursing Care Facility, NEC 3.76 per room, 37.04 minimum 8062 General Medical/Surgical Centers` 217.07 8069 Hospital 162.07 8070 Diagnostic Lab (Ref. 8071) 97.24 8072 Dental Laboratory 217.07 8096 Nursing (Ref. 8099) 107.66 8097 Surgical Technician (Ref. 8099) 107.66 8098 Hearing Aid Specialist (Ref. 8099) 216.48 8099 Health & Allied Services, NEC 107.66 8111 Attorney` 216.48 8243 Computer Assembly/ Setup 97.24 Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, 53 Effective: March 16, 2022 Page 157 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES sic I Description 8244 Business School 8249 Art School 8296 Ceramic Studio (Ref. 8299) 8297 Auto Driving School (Ref. 8299) 8298 Piano/ Instrument Instruction 8299 Schools & Education Services, NEC 8322 Individual & Family Social Services 8323 Counselor 8324 Marriage/ Family Therapist* (Ref. 8322) 8351 Day Care - Children 8361 Adult Congregate Living Facility 8399 Social Work Consultant* 8422 Aquarium 8610 Business Associations (Ref. 8611) 8611 Real Estate Board 8711 Engineer* 8712 Architect* 8713 Surveyor* 8721 Certified Public Accountant* 8722 Bookkeeper (Ref. 8721) 8733 Research Organization 8742 Business/ Management Consultant 8748 Traffic Manager 8900 Construction Inspector (Ref. 8999) 8998 Geologist* (Ref. 8999) 8999 Services, NEC 9991 Merchant - temp./ regional mall concourse For four or less temporary (less than a week), and portable, regional mall proration activities with sales and located within any or all of the mall concourse areas, mall owners shall pay a Business Tax receipt of $144.70 Fee 162.07 162.07 162.07 162.07 97.24 162.07 227.30 97.24 227.30 162.07 3.76 per room, 37.04 minimum 97.24 97.24 97.24 97.24 216.48 216.48 216.48 216.48 97.24 97.24 97.24 97.24 97.24 216.48 97.24 Requires a license from one of the following: Department of Professional Regulation, Department of Business Regulation, Department of Agriculture & Consumer Services, Department of Highway Safety & Motor Vehicles, Florida Bar Association, Department of Banking & Finance. NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including 54 Effective: March 16, 2022 Page 158 of 1018 SCHEDULE OF FEES AND CHARGES FOR SERVICES sic I Description I Fees 9992 ITemporary retail/ mall carts Activities which would otherwise be subject to retail Business Tax Receipt fees, but which are temporary and portable and located in mall concourse areas, shall be charged a Business Tax Receipt fee of $43.42 for each three-month period or portion thereof. Fees will be paid quarterly in advance by the mall operator. Fees shall be paid based upon the maximum projected number of spaces the mall allocates for temporary and portable retail locations within the mall for the twelve-month period commencing October the first of each year. Fees paid shall be subject to adjustment to reflect actual operating locations. Adjustment shall be made yearly during the month of August for the preceding twelve- month period and on written request from the mall operator. The mall operator shall submit sufficient records to support its request for adjustment. 9993 1Itinerant or Transient Merchant Covers persons who travel from city to city and sell and deliver goods, merchandise or services to business establishements; or who sell, demonstrate or deliver goods, merchandise or services to the general public, and do not have a permanent place of business in the city. Each person, per day $ 10.42 Each person, per week 54.41 Each person, per month 216.48 (I.D. registration requried for each person) NEC - Not Elsewhere Classified Non-residential, (includes all retail, mercantile, business office, industrial, storage occupancies, assembly), healthcare, institutional, residential board and care, and residential structures that are required to have business tax receipt but not including restaurants, cafes, and public eating places 55 Effective: March 16, 2022 Page 159 of 1018 6. F. Consent Agenda 9/8/2022 Requested Action by Commission: Approve the Barcelona Villas record plat, subject to final execution by the City Engineer. Explanation of Request: Approve the record plat that supports the development of the subdivided land in accordance with the Site Development plan titled "Barcelona Villas." The subject plat has been reviewed by the Utilities Department, Planning and Zoning Division, Building Division, Engineering Division, and the City's consulting surveyor, to ensure conformance with the site plan approval and the applicable State and City platting and zoning requirements. Staff recommends approval of the record plat as presented subject to final signatures by the City Engineer and Mayor. How will this affect city programs or services? The proposed development cannot be implemented until this proposed recorded plat (and construction plans) have received technical compliance pursuant to the Land Development Regulations. The Land Development Permit (LDP) cannot be issued until the proposed plat is acceptable for recording with the Clerk of the Circuit Court of Palm Beach County, Florida. Construction permitting commences after the issuance of the LDP. Fiscal Impact: None Alternatives: The proposed development will continue in abeyance until the proposed record plat is received in acceptable form, and the construction plans have been approved for permitting. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 160 of 1018 Attachments: Type D AttacftrTIENI'lt D A ttac lh rTIE) II'l t Description AttachirTIENI'lt FlUF::: of IRla t (ShE�'E)t 1) Attac,hirTIENI'lt 2 F1 ID IF::: of F1 Ilat (S hE�'E)t 2) Page 161 of 1018 BARCELONA VILLAS A REPLAT OF A PORTION OF BLOCK 15, TOGETHER WITH A PORTION OF VACATED CORDOVA WAY ALL AS SHOWN ON LAKE BOYNTON ESTATES PLAT I RECORDED IN PLAT BOOK 13, PAGE 32 PALM BEACH COUNTY PUBLIC RECORDS LYING IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA DEDICAOONS AND WSfltVAOON4 _0 0 OF FL011- mis '0AYBMc.BROH, aRSBB BY CAULFIELD k WHEELER. INC. aaMcnHnHniarM raF MN iia ¶vi Ia. L8 .xiSS1 MY, xaxx e ACIUIDRIEDCEHENT. ACIOIORIEDGENENT: RENEMING SURVEYOR CRY OFPBOYNTON BEACH APPROVAL ----------------- -------------- O 7 C F,ICATIOH: SHEET 1 OF 2 SURVEY NOlE4 A D 1110-1101 OF SURVEYOR$ CMFICATE BARCELONA VILLAS A REPLAT OF A PORTION OF BLOCK 15, TOGETHER WITH A PORTION OF VACATED CORDOVA WAY ALL AS SHOWN ON LAKE BOYNTON ESTATES PLAT I RECORDED IN PLAT BOOK 13, PAGE 32 PALM BEACH COUNTY PUBLIC RECORDS LYING IN SECTION 29, TOWNSHIP 45 SOUTH, RANGE 43 EAST CITY OF BOYNTON BEACH, PALM BEACH COUNTY, FLORIDA THis 'OAMO E.EROHPraR9EB BY CAULFIELD k WHEELER. INC. fERTIFlG BOOR-CATE N, aF AUT R]]434 J� (581)]9151991 M Y 1011 On n0. EB 3391 SHEET 2 OF 2 �eea"°'ae. e�s�rze�-z°Em � a � �6s�' � rex�,c rrecx, rrecx, xan, ron:� Loci, ran, Lon:, rarx, Loa:, 9raax, sz =b ^ I LANE BOVNi0x5E3iAlE9 PLAi51 foo BOP r0T1 ii N ,6 vurzl' _ — � ' 9BMfE smEEr (PUT1 e a rere xre uea rEx arry a ax�r — m am aono xo, uarearao rva, aaery ,o vueu< N99tlaa9'E 1J500' rere ,re aa- r ,5' oaw wu awns r¢r m 70 00 L 80>rTOI -A PLAT I 4 LOT 1 LOT 2 a „ra unr LOT 3 m LOT les } w vw .sae, a ro NORTH D ,re iiI D s'I 9rocr GRAPHIC SCALE PI - ION LEGEND/ABBREMATIONS: n I m 9.BBtla aB'w. ]713.00'_ — _ — _ — o+xo vrerc:are a amara _ J'` • aau - orxmrs arreunnrx, rerrrrerna uoxuurn, a n� ry ,e rse, AW1[ re_rvP — — _��ry — — ®-swam caw area ie ase, m I _ - — - — - _ erocv zo exon zo m I \ a. Lug BO1NttIN L ­Tl � \ fRKTAL IQv AT xOgBPoOHT Puff P.0.0. rys. ,a 1 o� � f Bas aas rz a4 MCI Consent Agenda 9/8/2022 Requested Action by Commission: Approve an increase to the estimated annual expenditure for Net Assets, also known as Conduits, from $34,999 to a not -to -exceed rate of $75,000, to be able to pay for the increase in lien searches being conducted. Explanation of Request: The Commission approved Resolution No. R10-138 on October 5, 2010, between the City of Boynton Beach and Net Assets Corporation, for the implementation, maintenance, customer support and hosting of the Conduits Reporting Service for lien searches requested by the public. The City charges $140 per lien search and $15.00 of that fee for each search is paid to Net Assets. Revenue generated totals $484,680 from October 1, 2021 to August 15, 2022, a significant increase from previous years, which has increased the fees for Net Assets. The increase in expenditures is offset by the increase in revenue, however, the City's purchasing policy requires Commission approval for expenditures over $35,000 per vendor. How will this affect city programs or services? Ensure continuity of service for lien searches requested by the public. Fiscal Impact: This line item is paid out of Account #001-1310-512.49-17, other Contractual Services and is directly offset by the revenues received. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Page 164 of 1018 Type AttacftrTIENI'lt Description :RE)SC)k.JlbC)I['l No� R10 138 Page 165 of 1018 1 2 3 4 5 6 7 1 2 2 RESOLUTION NO. R 10 - 138 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONDUITS SERVICE AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND NETASSETS CORPORATION FOR THE IMPLEMENTATION, MAINTENANCE AND CUSTOMER SUPPORT AND HOSTING OF THE CONDUITS REPORTING SERVICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, The City Clerk's office recommends entering into this Agreement with Net Assets, the creator and manufacturer of the Conduits System to provide municipal lien searches for title companies and attorney's offices involved in property sales; and WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the recommendation of staff, deems it to be in the best interests of the City residents to enter into a Conduit Service Agreement with NetAssets Corporation. 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 authorize and direct the City Manager to execute a Conduit Service Agreement between the City of Boynton Beach and Net Assets Corporation for the implementation, maintenance, customer service support and hosting of the Conduits reporting service, a copy of said Agreement is attached hereto as Exhibit "A." SACA\RESOWgreements\Reso - NetAssets Service Agmt 092110.doc Page 166 of 10t O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 5 24 25 Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this Ah day of 2010. CITY OF BOYNTON BEACH, FLORIDA ATTEST: Ja t M. Prainito, MMC ty Clerk (Corporate Seal) Ma or --Jose i guez , �Vi . ayo Carlene Ross Commfikioner — Wi Commissioner — Woodrow L. Commissioner—`Stey6n Holzm SACA\RESO\Agreements\Reso - NetAssets Service Agmt 092110.doc Page 167 of 101 ConduitSTM Service Agreement EFFECTIVE DATE: !D —tA -1O PARTIES: NETASSETS CORPORATION ("NETASSETS") 109 River Ave, Eugene, Oregon 97404 City of Boynton Beach ("ORGANIZATION") 100 East Boynton Beach Blvd Boynton Beach, FL 33435 AGREEMENT This Agreement is made as of the date stated above, (the "Effective Date") and sets forth the terms and conditions under which the online web application known as ConduitsTM will be used by ORGANIZATION, and made available for use by NETASSETS. 1. Definitions: 1.1 "ConduitsTM" shall mean the software application used for publication of the ORGANIZATION'S interests in property via the World Wide Web as created by NETASSETS, including web pages, graphics, data formats, and server components. 1.2 "Intellectual Property Rights" shall mean any and all now known or hereafter known tangible and intangible, and in any media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed, (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask -works, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, "rental" rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). 1.3 "Search Transaction(s)" shall mean any search request initiated by an End-user for data related to interest against an individual property. 1.4 "End-user(s)" shall mean any individual or entity that is given access to ConduitsTm by ORGANIZATION, excluding ORGANIZATION. 2. Payment LZ :Z Wd E I d3S OL Page 1 of 6 3J11J0 S.M310 k113 H0d39 NOINA08 30 All ConduitsTM Service Agreement Page 168 of 1018 2.I Search Feer. ORGANI/A I R N agrees to pay N1 I :NSSF. I'S a lire tot- each Search Ifransaction by an End-user I'lic Search Fee %kill he SIO per Search Iransaction by an End -1 Jser. 2.2 Payment Method. NFTASSFTS "iII invoice ORGANIZA HON monthly at its address noted on page 1 of this Agreement or at such other address as ORGANIZATION coati designate through the information entered into Conduits. Payment will be due within fifteen (15) days of the invoice date. Payments shall be made at NETASSETS' address noted on page 1 of this Agreement or at such other address as NFTASSFTS may designate by written notice to ORGANIZA HON. 2.3 Startup Fee. ORGANIZATION agrees to pay NFTASSFTS an initial startup fee of $500. Payment shall be made upon ORGANIZATION 's execution of this agreement. 3. Use of ConduitsTM 3.1 Prohibited Actions. ORGANIZATION shall not adopt. translate, copy or modify ConduitsTM, or disassemble. decompile, reverse engineer, reverse compile. cross compile or otherwise attempt to derive source code from ConduitsTM. ORGANIZATION shall not create accounts for internal use of ConduitsT"' for any person or entity outside of ORGANIZATION. 3.2 Transmission of Data. ORGANIZATION shall be solely responsible for the timely and accurate update and transmission of information or other data entered for access via the ConduitsTm application system, and shall promptly report any problems encountered by ORGANIZATION or End-users in operation of or access to the ConduitsTm application. ORGANIZATION shall transmit all data to NETASSETS in the format(s) as mutually agreed upon in writing during the term of this agreement. 3.3 Ownership Rights. Ownership of all Intellectual Property Rights in ConcluitSTM will at all times remain the property of NETASSETS. ORGANIZATION agrees not to remove or obliterate any copyright, trademark or proprietary rights notices of NETASSETS or NETASSETS's suppliers from CondultSTM, 4. Term of Agreement/Termination 4.1 Term. This agreement is effective from the Effective Date, until the date of termination under this Section 4. 4.2 Termination by ORGANIZATION. ORGANIZATION may terminate this Agreement: 42.1 At any time, with or without cause. effective upon sixty (60) days prior written notice to NETASSETS. or Page 2 of 6 ConduitSTA° Service AgreemerRage 169 of 1018 4.2.2 Thirty (30) days after delivery of written notice to NETASSETS by ORGANIZATION that NETASSETS has breached any provision of this Agreement, if NETASSETS has not cured such breach within the thirty (30) day period. 4.3 Termination by NETASSETS. NETASSETS may terminate this Agreement: 4.3.1 At any time, with or without cause, effective upon sixty (60) days prior written notice to ORGANIZATION; or 4.3.2 Immediately upon written notice to ORGANIZATION in the event of any breach of Sections 2, 3.1 or 3.3; or 4.3.3 Thirty (30) days after delivery of written notice to ORGANIZATION that ORGANIZATION has breached any provision of this Agreement other than Sections 2, 3.1 or 3.3, and has not cured such breach within the thirty (30) day period. 4.4 Actions Upon Termination. 4.4.1 ORGANIZATION'S Actions. Upon termination ORGANIZATION shall immediately discontinue use of ConduitSTM. 4.4.2. NETASSETS' Actions. Upon termination NETASSETS shall cease to make available on ConduitsTM. via the World Wide Web or otherwise, any data related to ORGANIZATION"s use of Conduits. NETASSETS shall have no obligation to return or retransmit any data to ORGANIZATION, and after termination may archive data solely for NETASSETS' business purposes. 5. Limitation of Liability and Indemnification 5.2 Maximum Monetary Liability for Breach of Agreement. Notwithstanding anything herein to the contrary, the maximum aggregate amount of money damages for which NETASSETS may be liable to ORGANIZATION under this Agreement, resulting from any cause whatsoever, shall be limited to the amounts actually paid by ORGANIZATION to NETASSETS under this Agreement during the ninety (90) days immediately preceding the date NETASSETS is notified in writing of a claim by ORGANIZATION for breach of agreement. 5.3 Third Party Providers. ORGANIZATION acknowledges that in connection with ConduitsTM, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control of NETASSETS. Accordingly, Page 3 of 6 ConduitSTM Service Agreemnt Page 170 of 1018 NETASSETS assumes no liability for or relating to the delay, failure, interruption or corruption of any data or other information transmitted in connection with use of ConduitSTM. 5.4 Indemnification with Respect to End-users. NETASSETS has no contractual relationship or other legal duty to End-user(s) and it assumes no liability with respect to the use of ConduitsTA° by End-user(s). Accordingly, to the extent permitted by law, including, but not limited to section 768.28 of Florida statutes, ORGANIZATION agrees to defend, indemnify, and hold NETASSETS harmless for any losses, costs, claims, or other liabilities arising out of the misuse of ConduitsTm by End-users. 6. Support and Maintenance 6.1 General Support. NETASSETS shall provide to ORGANIZATION the maintenance and support services as set forth in Appendix A: Service Level. 6.2 End -User Support. NETASSETS agrees to provide all initial support to End -Users of Conduits. Any support issues relating to ORGANIZATION policy or data that cannot be dealt with by NETASSETS will be forwarded to ORGANIZATION to provide support. 7. Miscellaneous Provisions 7.1 No Assignment. Neither this Agreement nor any rights hereunder, in whole or in part, shall be assignable or otherwise transferable by either party and any purported assignment or transfer shall be null and void. 7.2 Severability. If any term or provision of this Agreement shall be found to be illegal or unenforceable, then, notwithstanding, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability is intended by the parties to be severable and independent of any other provision and to be enforced as such. 7.3 Entire Agreement/Modification. This Agreement and its attachments constitute the entire agreement between the parties concerning ConduitsTm and supersede all prior agreements, whether written or verbal, between the parties. No purchase order, other ordering document or any other document which purports to modify or supplement this Agreement or any attachment hereto shall add to or vary the terms and conditions of this Agreement, unless executed by both NETASSETS and ORGANIZATION and expressly identified therein as a modification to this Agreement. No amendment shall be considered to have been made to this Agreement unless it is in writing and is executed by both parties. 7.4 Force Majeure. Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, or any causes beyond the reasonable control of such party, including Page 4 of 6 ConduitsTM Service Agreement Page 171 of 1018 without limitation interruption of power or communications facilities or failure of data storage hardware or software that is not caused solely by the party's acts or omission. 7.5 Governing Law, Venue, Jurisdiction. The parties agree that this Agreement shall be governed and construed by the laws of the State of Florida. The parties hereby submit to the jurisdiction and venue of the Circuit Court of the State of Florida for Palm Beach County or, if appropriate, the federal courts of the District of Oregon. 7.6 Attorney Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the losing party reasonable attorney fees incurred in such action as set by the trial court and, in the event of appeal, as set by the appellate courts. 7.7 Notices. Any notice or other communication required or permitted to be given under this Agreement will be in writing, will be delivered personally or by mail or express delivery. postage prepaid, and will be deemed given upon actual delivery or, if mailed by registered or certified mail, on the third business day following deposit in the mails, addressed to the appropriate party at the address first set forth above. Either party may, by written notice, designate a different address for purposes of this Agreement. Net Assets Corporation: By: 7�— David J. Gates, President City of Boynton Peach By: Printed Name: KURT BRESSNER Ci i Y MANAGER Title: BOYNTON BEACH, FL Page 5 of 6 ConduitsTM Service Agreement Page 172 of 1018 Appendix A: Service Level Conduits""' will be available 99.9% of the time during ORGANILATION's normal business hours. Any individual outage in excess of 20 minutes or 4 outages exceeding 5 minutes each will constitute a violation. 2. 80% of Conduits""" transactions will exhibit 10 seconds or less response time, defined as the interval from the time the server receives a transaction request to the time a response is generated and sent back. Missing the metric for business transactions measured over any business week will constitute a violation. Net Assets will respond to service incidents that affect multiple users within 24 hours. resolve the problem within 48 hours, and update status every 12 hours. Missing any of these metrics on an incident will constitute a violation. 4. Net Assets will respond to service incidents that affect individual users within 24 hours. resolve the problem within 72 hours, and update status every 12 hours. Missing any of these metrics on an incident will constitute a violation.. 5. Net Assets will respond to non-critical inquiries within 48 hours and deliver an answer within 72 hours. Missing any of these metrics on an incident will constitute a violation. Page 173 of 1018 Page 6 of 6 Conduits"" Service Agreement R it) - 638 ConduitSTM Service Agreement EFFECTIVE DATE: /0 /0 PARTIES: NETASSETS CORPORATION ("NETASSETS") 109 River Ave, Eugene, Oregon 97404 City of Boynton Beach ("ORGANIZATION") 100 East Boynton Beach Blvd Boynton Beach, FL 33435 AGREEMENT This Agreement is made as of the date stated above, (the "Effective Date") and sets forth the terms and conditions under which the online web application known as ConduitsTM will be used by ORGANIZATION, and made available for use by NETASSETS. 1. Definitions: 1.1 "ConduitsTM" shall mean the software application used for publication of the ORGANIZATION'S interests in property via the World Wide Web as created by NETASSETS, including web pages, graphics, data formats, and server components. 1.2 "Intellectual Property Rights" shall mean any and all now known or hereafter known tangible and intangible, and in any media, means and forms of exploitation throughout the universe exploiting current or future technology yet to be developed, (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights, and mask -works, (b) trademark and trade name rights and similar rights, (c) trade secret rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property rights (of every kind and nature throughout the universe and however designated) (including logos, "rental" rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing). 1.3 "Search Transaction(s)" shall mean any search request initiated by an End-user for data related to interest against an individual property. 1.4 "End-user(s)" shall mean any individual or entity that is given access to ConduitsTm by ORGANIZATION, excluding ORGANIZATION. 2. Payment Page 1 of 6 go :3 Nd £ I d3S O t HJV38 i DIN A08 jo Aril, ConduitsTM Service Agreement Page 174 of 1018 2.1 Search Fees. ORGANI/,A MON agrees to pay NE. l .'ySSI, CS a lec for each Search "Transaction by an End-user The Search Fee w i Il he ',I () per Search I-ransaction by an End-(Iser. 2.2 Payment Method. NETASSETS "ill invoice ORGANI/A HON monthIN at its address noted on page 1 of this Agreement or at such other address as OR.GANIZ.ATION may designate through the information entered into Conduits. Payment will be due within fifteen ( 15) days of the invoice date. Payments shall be made at NETASSETS' address noted on page 1 of this Agreement or at such other address as NFTASSETS ma\ designate by written notice to ORGANIZATION. 2.3 Startup Fee. ORGANIZATION agrees to pay NETASSETS an initial startup fee of $500. Payment shall be made upon ORGANIZ.A 1'ION 's execution of this agreement. 3. Use of ConduitsTM 3.1 Prohibited Actions. ORGANIZATION shall not adopt, translate. copy or modify ConduitsTM. or disassemble, decompile, reverse engineer, reverse compile, cross compile or otherwise attempt to derive source code from ConduitsTM. ORGANIZATION shall not create accounts for internal use of ConduitsTM for any person or entity Outside of ORGANIZATION. 3.2 Transmission of Data. ORGANIZATION shall be solely responsible for the timely and accurate update and transmission of information or other data entered for access v is the ConduitsTM application system, and shall promptly report any problems encountered by ORGANIZATION or End-users in operation of or access to the ConduitsTm application. ORGANIZATION shall transmit all data to NETASSETS in the format(s) as mutually agreed upon in writing during the term of this agreement. 3.3 Ownership Rights. Ownership of all Intellectual Property Rights in ConduitsTM will at all times remain the property of NETASSETS. ORGANIZATION agrees not to remove or obliterate any copyright, trademark or proprietary rights notices of NETASSETS or NETASSETS's suppliers from ConduitsTM 4. Term of Agreement/Termination 4.1 Term. This agreement is effective from the Effective Date, until the date of termination under this Section 4. 4.2 Termination by ORGANIZATION. ORGANIZATION may terminate this Agreement: 4.2.1 At any time. with or without cause, effective upon sixty (60) days prior written notice to NETASSETS. or Page 2 of 6 ConduitsT`" Service Agreement[ age 175 of 1018 4.2.2 Thirty (30) days after delivery of written notice to NETASSETS by ORGANIZATION that NETASSETS has breached any provision of this Agreement, if NETASSETS has not cured such breach within the thirty (30) day period. 4.3 Termination by NETASSETS. NETASSETS may terminate this Agreement: 4.3.1 At any time, with or without cause, effective upon sixty (60) days prior written notice to ORGANIZATION; or 4.3.2 Immediately upon written notice to ORGANIZATION in the event of any breach of Sections 2, 3.1 or 3.3; or 4.3.3 Thirty (30) days after delivery of written notice to ORGANIZATION that ORGANIZATION has breached any provision of this Agreement other than Sections 2, 3.1 or 3.3, and has not cured such breach within the thirty (30) day period. 4.4 Actions Upon Termination. 4.4.1 ORGANIZATION'S Actions. Upon termination ORGANIZATION shall immediately discontinue use of ConduitSTM. 4.4.2. NETASSETS' Actions. Upon termination NETASSETS shall cease to make available on ConduitsTM, via the World Wide Web or otherwise, any data related to ORGANIZATION's use of Conduits. NETASSETS shall have no obligation to return or retransmit any data to ORGANIZATION, and after termination may archive data solely for NETASSETS' business purposes. 5. Limitation of Liability and Indemnification 5.2 Maximum Monetary Liability for Breach of Agreement. Notwithstanding anything herein to the contrary, the maximum aggregate amount of money damages for which NETASSETS may be liable to ORGANIZATION under this Agreement, resulting from any cause whatsoever, shall be limited to the amounts actually paid by ORGANIZATION to NETASSETS under this Agreement during the ninety (90) days immediately preceding the date NETASSETS is notified in writing of a claim by ORGANIZATION for breach of agreement. 5.3 Third Party Providers. ORGANIZATION acknowledges that in connection with ConduitsTM, information will be transmitted over local exchange, interexchange and internet backbone carrier lines and through routers, switches and other devices owned, maintained and serviced by third party local exchange and long distance carriers, utilities, internet service providers and others, all of which are beyond the control of NETASSETS. Accordingly, Page 3 of 6 ConduitsTM Service Agreement Page 176 of 1018 NETASSETS assumes no liability for or relating to the delay. lailure_ interruption ear corruptior of any data or other information transmitted in connection with use of( ondtilts"' 5.4 Indemnification with Respect to End-users.. NE I'ASSI�'l S has no contractual relationship or other legal duty to End-user(s) and it assumes no liabilit% with respect to the use of Conduits'"' by End-user(s). Accordingly, to the extent permitted by law. including, but not limited to section 768.28 of Florida statutes, ORGANI7.ATION agrees to defend, indemnify. and hold NETASSETS harmless for any losses. costs, claims, or other liabilities arising out of the misuse of ConduitsTM by End-users. 6. Support and Maintenance 6.1 General Support. NETASSETS shall provide to ORGANIZATION the maintenance and support services as set forth in Appendix A: Service I_.evel. 6.2 End -User Support. NETASSETS agrees to provide all initial support to End -Users of Conduits. Any support issues relating to ORGANIZATION policy or data that cannot be dealt with by NETASSETS will be forwarded to ORGANIZATION to provide support. 7. Miscellaneous Provisions 7.1 No Assignment. Neither this Agreement nor any rights hereunder, in whole or in part. shall be assignable or otherwise transferable by either party and any purported assignment or transfer shall be null and void. 7.2 Severability. If any term or provision of this Agreement shall be found to be illegal or unenforceable, then, notwithstanding, it will be enforced to the maximum extent permissible, and the legality and enforceability of the other provisions of this Agreement will not be affected. It is expressly understood and agreed that each and every provision of this Agreement which provides for a limitation of liability is intended by the parties to be severable and independent of any other provision and to be enforced as such. 7.3 Entire Agreement/Modification. This Agreement and its attachments constitute the entire agreement between the parties concerning ConduitsTm and supersede all prior agreements, whether written or verbal, between the parties. No purchase order, other ordering document or any other document which purports to modify or supplement this Agreement or any attachment hereto shall add to or vary the terms and conditions of this Agreement, unless executed by both NETASSETS and ORGANIZATION and expressly identified therein as a modification to this Agreement. No amendment shall be considered to have been made to this Agreement unless it is in writing and is executed by both parties. 7.4 Force Majeure. Neither party shall be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, or any causes beyond the reasonable control of such party. including Page 4 of 6 ConduitsT°" Service AgreemerPage 177 of 1018 without limitation interruption of power or communications facilities or failure of data storage hardware or software that is not caused solely by the party's acts or omission. 7.5 Governing Law, Venue, Jurisdiction. The parties agree that this Agreement shall be governed and construed by the laws of the State of Florida. The parties hereby submit to the jurisdiction and venue of the Circuit Court of the State of Florida for Palm Beach County or, if appropriate, the federal courts of the District of Oregon. 7.6 Attorney Fees. In the event action is instituted to enforce any term of this Agreement, the prevailing party shall recover from the losing party reasonable attorney fees incurred in such action as set by the trial court and, in the event of appeal, as set by the appellate courts. 7.7 Notices. Any notice or other communication required or permitted to be given under this Agreement will be in writing, will be delivered personally or by mail or express delivery, postage prepaid, and will be deemed given upon actual delivery or, if mailed by registered or certified mail, on the third business day following deposit in the mails, addressed to the appropriate party at the address first set forth above. Either party may, by written notice, designate a different address for purposes of this Agreement. Net Assets Corporation: By: David J. Gate resident City of Boynto Beach By: Printed Name: KURT BRESSNER CITY MANAUR Title: BOYNTON BEACH, FL Appendix A: Service Level go 01 -00 0, ,iQ s! j •. 1. ConduitsTM will be available 99.9% of the time during ORGANIZATION'S normal business hours. Any individual outage in excess of 20 minutes or 4 outages exceeding 5 minutes each will constitute a violation. 2. 80% of ConduitsTM transactions will exhibit 10 seconds or less response time, defined as the interval from the time the server receives a transaction request to the time a response is generated and sent back. Missing the metric for business transactions measured over any business week will constitute a violation. Page 5 of 6 ConduitsTM Service Agreement Page 178 of 1018 Net Assets will respond to serv- ice incidents that affect multiple users vwithin _14 hour,. resolve the problem within 48 hours. and update status c\er. 12 hours. Missing any of these metrics on an incident w111 constitute a N iolatlkWr 4. Net Assets will respond to service incidents that affect individual users within 24 hours. resolve the problem within 72 hours. and update status every 12 hours. Missing any of' these metrics on an incident will constitute a v iolation 5. Net Assets will respond to non-critical inquiries within 48 hours and deliver an answer within 72 hours. Missing any of these metrics on an incident will constitute a violation. Page 6 of 6 ConduitSTM Service AgreemerFt age 179 of 1018 a Adllft- a connected company Rio-138 Friday, September 10, 2010 Janet Prainito City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33435 Janet, This letter is in regards to the forthcoming adoption of the Conduits service for the City of Boynton Beach. As one of the first 5 municipalities adopting the service in the State of Florida, the $500 Startup fee as identified in the Service Agreement is waived. Also, you are eligible to utilize the original rate for the Conduits service of $8 per report until April of 2011, at which time the rate will become the standard $10 per report. Sincerely, David J. Gates President, CEO Net Assets Corporation dgates@nassets.com (541) 485-8876 8Z :Z Wd £ I d3S N 301130 S,Ad313 Ailo HOV38 NOiNA08 j0 A i !• Net Assets • 109 River Ave, Eugene; OR 97404 . (541) 485-8876 • info@nassets.com Page 180 of 1018 Carlos Aiken City of Boynton Beach 100 East Boynton Beach Blvd Boynton Beach, FL 33435 Carlos, The letter is in regards to your inquiry about Net Assets Corporation being a sole source provider of the Conduits service for the City of Boynton Beach. Net Assets currently provides two services; Conduits TM and ConstructerTM. Both services are trademarks of Net Assets Corporation and are only provided and serviced by Net Assets Corporation. Sincerely, David J. Gates President, CEO Net Assets Corporation dgates@nassets.com (541) 485-8876 Net Assets • 109 River Ave. Eugene, OR 97404 . (541) 485-8876 • info@nassets.com Page 181 of 1018 The City of Boynton Beach October 12, 2010 Mr. David I Gates President, CEO Net Assets Corporation 109 River Avenue Eugene, OR 97404 City Clerk's Office 100 E BOYNTON BEACH BLVD BOYNTON BEACH FL 33435 (561)742-6060 FAX: (561)742-6090 e-mail: prainitoj@bbfl.us www.boynton-beach.org Re: Resolution R10-138 Conduits Service Agreements Dear Mr. Gates: Attached for your files are two copies of the executed agreements mentioned above. Since the documents have been executed, I have retained the originals for our Central File. If I can be of any additional service, please do not hesitate to contact me. Very truly yours, CITY OF BOYNTON BEACH net M. Prainito, MMC City Clerk Attachment (Copies of Executed Agreements) Cc: Carlos Aiken Central Files S:\CC\WP\AFTER COMMISSION\Other Transmittal Letters After Commission\2010\R10-138 Net Assets Corporation.doc America's Gateway to the Gulfstream Page 182 of 1018 6.H. Consent Agenda 9/8/2022 Requested Action by Commission: Accept the written report to the Commission for purchases over $10,000 for the month of J my 2022. Explanation of Request: Per Ordinance No.01-66, Chapter 2, Section 2-56.1 Exceptions to competitive bidding, Paragraph b, which states: Further, the City Manager, or designee is authorized to execute a purchase order on behalf of the City for such purchases under the $35,000 bid threshold for personal property, commodities, and services, or $100,000 for construction. The City Manager shall file a written report with the City Commission at the second Commission meeting of each month listing the purchase orders approved by the City Manager, or designee. All backup documentation is available upon request. Below is a list of the purchases for July 2022: How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager, or designee. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Page 183 of 1018 Vendor Amount 221565 Morris & McDaniel, Inc $24,500.00 221568 Cayco Landscaping $14,593.29 221586 Municipal Emergency Services (MES) $11,970.00 221596 ER Tech Systems Group, Inc dba Broadcast Systems $25,134.42 221597 Anzco, Inc $23,700.00 221607 Palmdale Oil Company $15,625.02 221608 Armor Courts, Inc $19,429.00 221615 Wapro, Inc $12,025.00 221632 All -Pro Fence Builders, LLC $32,000.00 221633 Government Services, Group, Inc $11,666.00 221661 JDL Technologies, Inc $10,946.25 221663 Ideal System Solutions, Inc $15,116.08 221665 1 Water, I nc $18,000.00 221666 Playmore Recreational Products Services $59,934.26 221667 Xylem Water Solutions USA, Inc $27,648.30 How will this affect city programs or services? Ordinance No.01-66, Chapter 2, Section 2-56.1 assists departments in timely procurement of commodities, services, and personal property. Administrative controls are in place with the development of a special processing form titled "Request for Purchases over $10,000" and each purchase request is reviewed and approved by the Department Director, Finance Department, and City Manager, or designee. Fiscal Impact: This Ordinance provides the impact of reducing paperwork by streamlining processes within the organization. This allows administration to maintain internal controls for these purchases, reduce the administrative overhead of processing for approval, and allow for making more timely purchases. Page 183 of 1018 Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type tta c lht irTIENI'l t Description P LA r c haSE)S oveir $1 0, 000... Jl LAa y 202 Page 184 of 1018 CITY OF BOYNTON BEACH 0 APPROVED REQUESTS FOR PURCHASES OVER $10,000 FOR JULY 2022 1. Vendor: Morris & McDaniel, Inc Purchase Amount: $24,500.00 Requesting Department: POLICE Contact Person: CAPTAIN MATTHEW ZELLER Date: 7/1/2022 Brief Description of Purchase: Payment for proprietary assessments and testing rendered for Entry Level Law Enforcement Applicants. Invoice # 22.162 March 2, 2022 First Half Conract Year 2021 - 2022 & Invoice # 22.163 March 2, 2022 Second Half Contract Year 2021 - 2022. Source for Purchase: Sole Source / Confirming Order Fund Source: 001-2112-521.49-17 2. Vendor: Cayco Landscaping Purchase Amount: $14,593.29 Requesting Department: PUBLIC WORK- FACILITIES Contact Person: GAIL MOOTZ Date: 7/1/2022 Brief Description of Purchase: Trim palms and hardwoods according to A300 (ANSI) standards for 4th of July (Independence Day) festivities. Source for Purchase: COBB CONTRACT # 031273020 Fund Source: 001-2730-572.49-17 SE2205 3. Vendor: Municipal Emergency Services (MES) Purchase Amount: $11,970.00 Requesting Department: FIRE RESCUE Contact Person: CHIEF HUGH BRUDER Date: 7/7/2022 Brief Description of Purchase: SCBA Masks for current and new employees Source for Purchase: Piggyback # 17-0606G - Lake County Park Fund Source: 001-2210-522.52-23 4. Vendor: ER Tech Systems Group, Inc dba Broadcast Systems Purchase Amount: $25,134.42 Requesting Department: ITS Contact Person: CHARLES STEVENS, Jr Date: 7/11/2022 Brief Description of Purchase: For Camera Installation, Conduit and Fiber Optic Cable between Intracoastal Park Clubhouse and Harvey E Oyer Park Front Building. Project will connect the Police Department Cameras at Harvey E Oyer Park to the City Network at Intracoastal Park Clubhouse thus allowing cameras to be viewed at the Real Time Crime Center and managed by PD Tech Services Staff. Source for Purchase: Piggyback GSA Contract GS-07F-173GA Fund Source: 303-4101-580.64-15 IT2202 5. Vendor: Anzco, Inc Purchase Amount: $23,700.00 Requesting Department: ENGINEERING Contact Person: KEVIN RAMSEY Date: 7/11/2022 Brief Description of Purchase: Remodel Fleet Parts Room and Breakroom Source for Purchase: COBB Contract # 028251120 Fund Source: 501-2516-519.62-01 6. Vendor: Palmdale Oil Company Purchase Amount: $15,625.02 Requesting Department: PUBLIC WORKS - FLEET Contact Person: BILL DARTY Date: 7/12/2022 Brief Description of Purchase: Fuel deliveries for Fire Station # 2 which were too small for normal fuel quantities for a six (6) month time span. Source for Purchase: Confirming Order Fund Source: 501-2516-519.52-10 7. Vendor: Armor Courts, Inc Purchase Amount: $19,429.00 Requesting Department: PUBLIC WORKS - PARKS and GROUNDS Contact Person: WESLEY NORWOOD Date: 7/12/2022 Brief Description of Purchase: Resurfacing exterior basketball courts at Hester Center Source for Purchase: Three (3) Written Quotes Fund Source: 303-4209-572.63-05 RP2009 Page 185 of 1018 8. Vendor: Wapro, Inc Purchase Amount: $12,025.00 Requesting Department: WAREHOUSE Contact Person: MJ (MICHAEL JOHNSON) Date: 7/14/2022 Brief Description of Purchase: Purchase 24" Inline valve for Utilities Source for Purchase: Sole Source Fund Source: 401-2824-536.46-44 9. Vendor: All -Pro Fence Builders, LLC Purchase Amount: $32,000.00 Requesting Department: UTILITIES Contact Person: HOWARD KERR Date: 7/20/2022 Brief Description of Purchase: Installed an automated security gate to replace the rusted old main front access gate leading indirectly into our Water Treatment Plant and Water Supply Systems and the main exit located on the west side of the building. Replacement will ensure safeguarding Safety, Structures and Assets. Source for Purchase: Three (3) Written Quotes Fund Source: 403-5000-533.65-02 WTR127 10. Vendor: Government Services, Group, Inc Purchase Amount: $11,666.00 Requesting Department: Financial Services Contact Person: JONELE LUMA Date: 7/21/2022 Brief Description of Purchase: Paments One (1) and Two (2) of Three (3) for the Preparation, Submission and Critical Events Reminder to process the Fire Assessment on the 2022 Tax Bill. Invoice # 4627 Source for Purchase: COBB Contract # 073221021 Fund Source: 001-2210-522.49-17 11. Vendor: JDL Technologies, Inc Purchase Amount: $10,946.25 Requesting Department: ITS Contact Person: CHARLES STEVENS, Jr Date: 7/27/2022 Brief Description of Purchase: KnowBe4 Cybersecurity Training for Phishing Software Effective 07/29/2022 through 07/28/2023. Source for Purchase: Three (3) Written Quotes Fund Source: 001-1510-513.46-91 12. Vendor: Ideal System Solutions, Inc Purchase Amount: $15,116.08 Requesting Department: ITS Contact Person: MICHAEL BENNETT Date: 7/27/2022 Brief Description of Purchase: Yearly Adobe license renewals for City departments. Includes Acrobat PRO DC, Creative Cloud, Photo Stock, and Photoshop. Twelve (12) months (July 2022 - July 2023) Source for Purchase: Three (3) Written Quotes Fund Source: 001-2210-522.46-91 001-2419-559.54-30 001-2610-571.46-22 001-1510-513.49-17 001-1410-513.51-25 001-5001-590.49-17 CRA20 001-2511-519.51-25 172-2712-572.49-17 401-2821-536.46-91 130-2411-524.46-91 001-1210-512.51-25 151-2611-579.49-17 001-1610-513.46-91 001-1310-512.52-01 001-1212-519.49-17 001-1212-519.64-14 13. Vendor: I Water, Inc Purchase Amount: $18,000.00 Requesting Department: UTILITIES Contact Person: WANEYA BRYANT Date: 7/27/2022 Brief Description of Purchase: Confirming PO for Invoice # 93659 Dated 05/01/2022. Software used to maintain the fire hydrants, grease traps, and backflows. Source for Purchase: Sole Source / Confirming Order Fund Source: 303-4113-572.63-05 RP2221 Page 2 Page 186 of 1018 14. Vendor: Playmore Recreational Products Services Purchase Amount: $59,934.26 Requesting Department: PUBLIC WORKS - PARKS and GROUNDS Contact Person: WESLEY NORWOOD Date: 7/27/2022 Brief Description of Purchase: Additional amenities fo Wilson Park includes equipment, supplies, shipping and installation. Source for Purchase: Piggyback: ITB # FY21-080 Agreement between Fund Source: 303-4113-572.63-05 RP2221 Playmore and Broward County Schools 15. Vendor: Xylem Water Solutions USA, Inc Purchase Amount: $27,648.30 Requesting Department: UTILITIES Contact Person: MARC FILSAIME Date: 7/27/2022 Brief Description of Purchase: Repair of 2007 FLYGT Pump for LS 504 - Impeller has a lot of cavitation damage. All fo the wear items in the hydraulic end of the pump worn out and needed to be replaced. Discharge flange damaged and reworked with Devcon. Source for Purchase: Sole Source Fund Source: 401-2816-536.46-51 Page 3 Page 187 of 1018 Consent Agenda 9/8/2022 Requested Action by Commission: Proposed Resolution No. R22-121- Approve and authorize the City Manager to sign individual agreements with four (4) firms as a result of Request for Qualifications RFQ No. UTL22-014 for Professional Survey and Mapping Services in accordance with Florida Statute 287.055 the Consultants' Competitive Negotiation Act (CCNA). Explanation of Request: Term of Agreement: September 8, 2022 through September 7, 2025 On June 21, 2022, the City Commission approved the list of top-ranked proposers identified by the Evaluation Committee from the responses received from RFQ UTL22-014 for Professional Survey and Mapping Services, who authorized staff to conduct negotiations with the firm as follows: W hidden Survey and Mapping, I nc Engenuity Group, Inc. Avirom & Associates, Inc. Caulfield & W heeler, Inc. The RFQ was advertised and submittals were electronically opened on March 16, 2022. The City received fourteen (14) proposals whereby the top four (4) proposers were submitted to City Commission on J une 21, 2022 for approval and authorization to move forward with negotiations to establish contract agreements for ongoing services in accordance with Florida Statute 287.55, Consultants' Competitive Negotiations Act. Emphasis was placed on the Schedule of Professional Fees to solidify hourly rates for the initial contract period. Based on comparisons of the submittals by each firm negotiation sessions were deemed unnecessary. Firms that showed higher rates were contacted for discussions. As a result, the Schedule of Professional Fees, as attached, will be fixed and firm for at least the initial three (3) year period. The Agreement may be renewed for two (2) one-year terms with the same terms and conditions. I ndividual Task Orders will be generated at the time specific projects are realized utilizing the Schedule of Professional Fees as the basis for the overall cost of each task. Task Orders will be submitted to the Commission for approval in accordance with the City's Purchasing Policies and Procedures. How will this affect city programs or services? These Agreements will provide for the issuance of Task Orders in connection with projects for on-going capital improvements to enhance City-wide operations. I ndividual Task Orders for projects will be issued and submitted to the Commission for approval in accordance with the City's Purchasing policies and procedures. Fiscal Impact: The costs of the individual Task Orders will be paid from approved Cl P budgets or other budget sources within the City's adopted budget. The contracts for these services may be utilized by other City Departments requiring surveying Page 188 of 1018 services. Alternatives: Not approve the contract and re -issue the RFQ. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Multiple Start Date: 9/8/2022 End Date: 9/7/2025 Contract Value: Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Three (3) year period with an option for two (2) one-year renewal periods. Attachments: Page 189 of 1018 Type D IRE)SCA LA ti 0 II'l D Ag ir'EsE) rTIE) II'l t D Ag ir'EsE) rTIE) II'l t D Ag ir'EsE) rTIE) II'l t D Ag ir'EsE) rTIE) II'l t D AttacNrTIENI'lt A ttac lh rTIE) II'l t Description IRE)SOkAboin approviing agir'E)E)irTIE)l['Its with fOUIr profE)S§ioinall SLArveyiing aind irnappiing C0111SLARaints WhiddENI'l SLArvey li appiing, linc- Cointract & l:RatE)S Avi roirn& Assoc, �i atE)S, I inc Cointract IfRatE�IS EllIgENIRARY C:.,)ir'C)L.JllP, linc.... Cointract IfRatE)S CaUlffiE)d & WhE�'E)lE)r, Ilinc- Cointract IfRatE�IS IR IF::: Q U T I .22 014 F:::iinall If ainkiing of ShortiStEd l:::::iirirns IRI::::: Q U T I .22 14 Flir'OfE)S§ioinall SLArvey IMappiing SE)irviCE)S DC)C',L.JlirTIE)l['It Page 190 of 1018 I RESOLUTION NO. R22-121 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE CITY MANAGER TO SIGN INDIVIDUAL 4 AGREEMENTS WITH FOUR (4) FIRMS AS A RESULT OF REQUEST FOR 5 QUALIFICATIONS RFQ NO. UTL22-014 FOR PROFESSIONAL SURVEY AND 6 MAPPING SERVICES IN ACCORDANCE WITH FLORIDA STATUTE 287.OSS 7 THE CONSULTANTS' COMPETITIVE NEGOTIATION ACT (CCNA); AND 8 PROVIDING AN EFFECTIVE DATE. 9 WHEREAS, RFQ UTL22-014 for Professional Survey and Mapping Services was advertised 10 and submittals were electronically opened on March 16, 2022; and 11 WHEREAS, the City received fourteen (14) proposals whereby the top four (4) proposers 12 were submitted to the City Commission on June 21, 2022 for approval and authorization to move 13 forward with negotiations to establish contract agreements for ongoing services in accordance 14 with Florida Statute 287.55, Consultants' Competitive Negotiations Act; and 15 WHEREAS, Task Orders will be submitted to the Commission for approval in accordance 16 with the City's Purchasing Policies and Procedures; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve and 19 authorize the City Manager to sign individual agreements with four (4) firms: Whidden Survey 20 and Mapping, Inc; Engenuity Group, Inc.; Avirom & Associates, Inc. and Caulfield & Wheeler, 21 Inc., as a result of Request for Qualifications RFQ No. UTL22-014 for Professional Survey and 22 Mapping Services in accordance with Florida Statute 287.055 the Consultants' Competitive 23 Negotiation Act (CCNA). 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. Each Whereas clause set forth above is true and correct and incorporated 27 herein by this reference. 28 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 29 approve and authorize the City Manager to sign individual agreements with four (4) firms: S:ACA\RESO\Agreements\Agreements With Four Processional Surveying And Mapping Services - Reso.Docx Page 191 of 1018 30 31 32 33 34 35 W 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 Whidden Survey and Mapping, Inc; Engenuity Group, Inc.; Avirom & Associates, Inc. and Caulfield & Wheeler, Inc., as a result of Request for Qualifications RFQ No. UTL22-014 for Professional Survey and Mapping Services in accordance with Florida Statute 287.055 the Consultants' Competitive Negotiation Act (CCNA). Copies of each Agreement is attached hereto and incorporated herein as Exhibits "A - D". Section 3. That this Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this day of September, 2022. CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor — Angela Cruz Commissioner — Woodrow L. Hay Commissioner — Thomas Turkin Commissioner —Aimee Kelley ATTEST: Maylee De Jesus, MPA, MMC: City Clerk (Corporate Seal) VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Agreements With Four Processional Surveying And Mapping Services - Reso.Docx Page 192 of 1018 PROFESSIONAL SURVEY AND MAPPING SERVICES THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Whidden Survey and Mapping, Inc. a [corporation] authorized to do business in the State of Florida, with a business address of 9200 Belvedere Road, Suite 114, Royal Palm Beach, FL 33411, hereinafter referred to as the "VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor, parts, and materials related to the [RFQ NO. UTL22-014 - PROFESSIONAL SURVEY AND MAPPING SERVICES]. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the [PROFESSIONAL SURVEY AND MAPPING SERVICES]. 3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment, and supplies. 4. TERM. The initial Agreement period shall be for an initial term of three M years, commencing on September 8, 2022 and shall remain in effect through September 7, 2025. The CITY reserves the right to renew the agreement for two (2) one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY. 5. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work products required pursuant to this Agreement and specific task order unless an extension of time is granted in writing by the CITY. 6. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by VENDOR shall be made as provided on Exhibit "A" attached hereto. b. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. c. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. e. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-1 f. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 7. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 8. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 9. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. VENDOR's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. 10. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 11. PRICES, TERMS, AND PAYMENT: Hourly rates shall be firm for the initial contract term of (3) three - years. No rate increases shall be accepted during the first or second year of this contract term. Thereafter, for the third year of the contract and any extensions which may be approved by the City shall be subject to the following: Costs for the three contract year and any extensions shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending December 31st, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. Cost adjustments, in all cases shall reflect only a direct pass-through of costs, and no changes to the Vendor's profit margin shall be permitted. All rate increases above 2% must be approved by the City Commission on recommendation of the Director of Financial Services. 12. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any RFQ No. UTL22-014 Professional Surveying & Mapping Services C-2 kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 13. INSURANCE. A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's RFQ No. UTL22-014 Professional Surveying & Mapping Services C-3 Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 14. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 15. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. TRUTH -IN -NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the VENDOR's most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. 17. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 18. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-4 19. 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. 20. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR 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 VENDOR of written notice of such neglect or failure. 21. 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. 22. UNCONTROLLABLE FORCES. 22.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. NOTICES. Notices to the CITY shall be sent to the following address: James Stables, Interim City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to VENDOR shall be sent to the following address: Whidden Surveying and Mapping, Inc. Attn: Thomas Whidden Address: 9200 BelvelderRoad Suite 114 Royal Palm Beach, FL 33411 Phone: (561) 632 - 0220 Email: tom whiddensurve in ecom ; tori.whidden3 mail.com RFQ No. UTL22-014 Professional Surveying & Mapping Services C-5 23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR 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 VENDOR. 24. SOVEREIGN IMMUNITY. 24.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 24.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. 25. E -VERIFY. 25.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 25.1.1 Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E - Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and RFQ No. UTL22-014 Professional Surveying & Mapping Services C-6 B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 26. 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. 27. MISCELLANEOUS: 27.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 27.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 27.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-7 27.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 27.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 27.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 27.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 27.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 27.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 28. DEFAULT OF CONTRACT & REMEDIES: 28.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 28.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 28.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 28.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 28.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-8 28.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 28.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 28.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 28.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 28.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 28.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 28.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK SIGNATURE PAGE FOLLOWS RFQ No. UTL22-014 Professional Surveying & Mapping Services C-9 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of CITY OF BOYNTON BEACH James Stables, Interim City Manager AttestlAuthenticated: Maylee De Jesus, City Clerk Approved as to Form: Michael D. Cirullo, Jr. Office of the CITY Attorney RFQ No. UTL22-014 Professional Surveying & Mapping Services 20 (Authorized Official Name), (Vendor) Print Name of Authorized Official IA? Lee i' ' Title f'04000f 72055 �'r Si'ATE OF �s''�`4R4Dp:»� r»aQQm AttestlAuthenticated: Secretary C-10 ATTACHMENTS RFQ No. UTL22-014 Professional Surveying & Mapping Services ATTACHMENT "A" City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ----- ------------------------------------------------------------------------------------------------------------------------------------------------------•------ Professional Liability Aggregate - $1,000,000.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Automobile Liability - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Combined Single Limit - - - - - - - - - - - - - - - - - - - - - • - - - - - - $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos ---------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCE ADVISORY Revised 04/2021 RFQ No. UTL22-014 Professional Surveying & Mapping Services $ 300,000.00 Limits based on Project Cost Limits based on Project Cost ATTACHMENT `B" SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Work Orders. Work Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid -point of the project term or at more frequent intervals as required by the Work Order and at the time of Work Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either "marginal" or "unsatisfactory" even when this is not within the normal review cycle. In the event the Average Rating Score is "marginal" or "unsatisfactory" even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11) for all evaluations completed for the entire term of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Contractor Rating Unsatisfactory Evaluation Period ❑ Interim ❑ Final Project Title If evaluating under a work order contract, specify type 1. Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8) to produce the Average Rating Score in Line 11. RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 205 of 1018 Performance Indicators Rating Unsatisfactory Mar inal Satisfactory Very Good Exceptional 1. Planning & Approach ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 2. Staff Capability ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 3. Staff Effectiveness ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 4. Flexibility in Meeting City's Goals ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 5. Promptness of Deliverables/Milestones/Reports ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 6. Report and Drawings Quality ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 7. Quality of Work Completed ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 9. Individual Column Rating (Total lines 1-8.) 10. 11. Total Rating Score (Total row 9.) Average Rating Score (Divide line 10 by the number 8.) RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 205 of 1018 In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE utilization on Line 20. Additional space is available on Line 22 if needed. 12. Current tasks completed and/or deliverables received? If no, reason: ❑ Yes No 13. Current work completed ahead/on schedule? If no, number of days late: and reason: ❑ Yes No 14. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: ❑ Yes ❑ No 15. Contractor strengths: 16. Contractor weaknesses: 17. Specific problems incurred: 18. How may these have been prevented? 19. Additional comments/recommendations: 20. Comments on sub -contractor utilization: 21. Currently recommend firm for future contracts/work orders of this type? If "No" or "Possibly", an explanation must be provided in Line 22 below. ❑ yes Project Manager (sign) Date Section Administrator (sign) Date F]No El 22 Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 — explain marginal/unsatisfactory performance; if either "Possibly" apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks "No" or # CONTRACT MANAGEMENT/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) Date RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 206 of 1018 Page 207 of 1018 Central File Surve������ Classification Hourly Rates Employees Identified Project Manager $184.90/hr Thomas E. Whidden, PSM Professional Surveyor/Mapper $146,44/hr Chris Linstedt, PSM Survey Technician $98.23/hr John Smith, PSM Survey Crew (2 Men) $164.39/hr Brad Cornelius Sr. Cheryl Monteagudo Survey Crew (3 Men) — ---------- $197.07/hr Nicholas Dubay Austin Tezak Jonathan Monteagudo Laser Survey Crew $218.56/hr Brad Cornelius 11 Hydrographic Survey Crew 230.52/hr Daniel Wright Frank Dubay GIS Specialist $93.96/hr Dave Irwin, PSM CADD, Technician $94.14/hr Christina Lilly Aerial Photogrammetry $184.90/hr Craig Emrick Page 208 of 1018 PROFESSIONAL SURVEY AND MAPPING SERVICES THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Avirom and Associates, Inc. a [corporation] authorized to do business in the State of Florida, with a business address of 50 SW 2nd Avenue, Suite 102, Boca Raton, FL 33432, hereinafter referred to as the "VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor, parts, and materials related to the [RFQ NO. UTL22-014 - PROFESSIONAL SURVEY AND MAPPING SERVICES]. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the [PROFESSIONAL SURVEY AND MAPPING SERVICES]. 3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment, and supplies. 4. TERM. The initial Agreement period shall be for an initial term of three u years, commencing on September 8, 2022 and shall remain in effect through September 7, 2025. The CITY reserves the right to renew the agreement for two u one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY. 5. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work products required pursuant to this Agreement and specific task order unless an extension of time is granted in writing by the CITY. 6. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment forthe work provided by VENDOR shall be made as provided on Exhibit "A "attached hereto. b. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. c. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, sup p lies, equip ment, and incidentals necessary to complete the work. e. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-1 f. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VI I, Chapter 218, Florida Statutes. 7. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 8. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 9. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. VENDOR's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. 10. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 11. PRICES, TERMS, AND PAYMENT: Hourly rates shall be firm for the initial contract term of (3) three - years. No rate increases shall be accepted during the first or second year of this contract term. Thereafter, for the third year of the contract and any extensions which may be approved by the City shall be subject to the following: Costs for the three contract year and any extensions shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending December 31 st, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. Cost adjustments, in all cases shall reflect only a direct pass-through of costs, and no changes to the Vendor's profit margin shall be permitted. All rate increases above 2% must be approved by the City Commission on recommendation of the Director of Financial Services. 12. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and RFQ No. UTL22-014 Professional Surveying & Mapping Services C-2 shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 13. INSURANCE. A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's RFQ No. UTL22-014 Professional Surveying & Mapping Services C-3 Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 14. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 15. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. TRUTH -IN -NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the VENDOR's most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside VENDORS. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. 17. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 18. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-4 19. 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. 20. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR 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 VENDOR of written notice of such neglect or failure. 21. 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. 22. UNCONTROLLABLE FORCES. 22.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. NOTICES. Notices to the CITY shall be sent to the following address: James Stables, Interim City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to VENDOR shall be sent to the following address: Avirom & Associates, Inc. Attn: Mike Avirom Address: 50 SW 2nd Avenue Suite 102 Boca Raton, FL 33432 Phone: 561 392-2594 Email: marisha aviromsurvey.com; ike _aviromsurvey.com; iennifer _aviromsurvev.com RFQ No. UTL22-014 Professional Surveying & Mapping Services C-5 23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR 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 VENDOR. 24. SOVEREIGN IMMUNITY. 24.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 24.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. 25. E -VERIFY. 25.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 25.1.1 Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E - Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and RFQ No. UTL22-014 Professional Surveying & Mapping Services C-6 B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 26. 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. 27. MISCELLANEOUS: 27.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 27.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 27.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-7 27.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 27.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 27.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 27.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 27.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 27.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 28. DEFAULT OF CONTRACT & REMEDIES: 28.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 28.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 28.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 28.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 28.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-8 28.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 28.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 28.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 28.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 28.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 28.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 28.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK SIGNATURE PAGE FOLLOWS RFQ No. UTL22-014 Professional Surveying & Mapping Services C-9 "This Agreement will take effect once signed by both parties. This Agreement may bosigned by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. |NWITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this _ day of CITY OFBOY0TONBEACH James Stables, Interim City Manager Maylee De Jesus, City Clerk Approved aetuForm: Michael D.ChuUo,Jr. Office of the City Attorney nFqNo. uTuaou14 Professional Surveying mMapping Services (Authorized Official Name), (Vendor) Michael D. Avirom Print Name ofAuthorized Official President Secretary Page 218Of1018 ATTACHMENTS RFQ No. UTL22-014 Professional Surveying & Mapping Services ATTACHMENT "A" City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Automobile Liability Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Umbrella Form Worker's Compensation Statutory Limits Employer's Liability Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCE ADVISORY Revised 04/2021 RFQ No. UTL22-014 Professional Surveying & Mapping Services General Aggregate $ 1,000,000.00 Products-Comp/Op Agg. $ 1,000,000.00 Personal&Adv. Injury $1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ Aggregate - $1,000,000.00 Combined Single Limit $ 1,000,000.00 Each Occurrence to be determined Aggregate to be determined Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 $ 300, 000.00 Limits based on Project Cost Limits based on Project Cost ATTACHMENT `B" SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Work Orders. Work Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid -point of the project term or at more frequent intervals as required by the Work Order and at the time of Work Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either "marginal" or "unsatisfactory" even when this is not within the normal review cycle. In the event the Average Rating Score is `marginal' or "unsatisfactory" even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11) for all evaluations completed for the entire term of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Contractor Rating Unsatisfactory Evaluation Period ❑ Interim ❑ Final Project Title If evaluating under a work order contract, specify type 1. Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8) to produce the Average Rating Score in Line 11. RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 221 of 1018 Performance Indicators Rating Unsatisfactory Marginal Satisfactory Very Good Exceptional 1. Planning & Approach ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 2. Staff Capability ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 3. Staff Effectiveness ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 4. Flexibility in Meeting City's Goals ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 5. Promptness of Deliverables/Milestones/Reports ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 6. Report and Drawings Quality ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 7. Quality of Work Completed ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 9. Individual Column Rating (Total lines 1-8.) 10. 11. Total Rating Score (Total row 9.) Average Rating Score (Divide line 10 by the number 8.) RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 221 of 1018 In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE utilization on Line 20. Additional space is available on Line 22 if needed. 12. Current tasks completed and/or deliverables received? If no, reason: ❑ Yes No 13. Current work completed ahead/on schedule? If no, number of days late: and reason: ❑ Yes No 14. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: ❑ Yes ❑ No 15. Contractor strengths: 16. Contractor weaknesses: 17. Specific problems incurred: 18. How may these have been prevented? 19. Additional comments/recommendations: 20. Comments on sub -contractor utilization: 21. Currently recommend firm for future contracts/work orders of this type? If "No" or "Possibly", an explanation must be provided in Line 22 below. ❑ Yes Project Manager (sign) Date Section Administrator (sign) I Date ❑ No El 22 Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 — explain marginal/unsatisfactory performance; if either "No" or "Possibly" apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks # CONTRACT MANAGEMENT/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) Date RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 222 of 1018 EXHIBIT "A" Page 223 of 1018 Negotiated Rates Avirom & Associates, Inc. Classification Hourly Rates Employees Identified Sr. Professional 175.00/hour Michael D. Avirom, Marisha Kreitman, Surveyor/Mapper John Doogan Professional Surveyor/Mapper 150.00/hour Michael J. Avirom Survey Technician 90.00/hour Mark Jahrsdoerfer, Frank Carvalho Survey Crew (2 Men) 150.00/hour Mark Jahrsdoerfer, Frank Carvalho Deanmichel Alexis, Joseph Pinkocze Survey Crew (3 Men) 185.00/hour Mark Jahrsdoerfer, Frank Carvalho Deanmichel Alexis, Joseph Pinkocze, David Young, Stephen Kinsel Laser Survey Crew 300.00/hour Mark Jahrsdoerfer, Frank Carvalho Hydrographic Survey Crew 3,750.00/day Christopher Evans and various crew members GIS Specialist 125.00/hour William Evans Sr. CADD Technician 125.00/hour William Evans, Satarupa Khamaru CADD Technician 1 00.00/hour Lee Weiner, Jeffrey Bickham, James Stammer, Walter Queen, Jason Sae Tang Aerial Photogrammetry 400.00/hour Keith Chee-A-Tow, Lee Weiner, William Evans, Deanmichel Alexis, Jason Sae Tang Avirom & Associates, Inc. Page 224 of 1018 PROFESSIONAL SURVEY AND MAPPING SERVICES THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Engenuity Group, Inc. a [corporation] authorized to do business in the State of Florida, with a business address of 1280 North Congress Avenue, Suite 101, West Palm Beach, FL 33409, hereinafter referred to as the "VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor, parts, and materials related to the [RFQ NO. UTL22-014 - PROFESSIONAL SURVEY AND MAPPING SERVICES]. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the [PROFESSIONAL SURVEY AND MAPPING SERVICES]. 3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment, and supplies. 4. TERM. The initial Agreement period shall be for an initial term of three J3J years, commencing on September 8, 2022 and shall remain in effect through September 7, 2025. The CITY reserves the right to renew the agreement for two (2) one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY. 5. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work products required pursuant to this Agreement and specific task order unless an extension of time is granted in writing by the CITY. 6. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by VENDOR shall be made as provided on Exhibit "A" attached hereto. b. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. c. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. e. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-1 f. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 7. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 8. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 9. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. VENDOR's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. 10. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 11. PRICES, TERMS, AND PAYMENT: Hourly rates shall be firm for the initial contract term of (3) three - years. No rate increases shall be accepted during the first or second year of this contract term. Thereafter, for the third year of the contract and any extensions which may be approved by the City shall be subject to the following: Costs for the three contract year and any extensions shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending December 31st, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. Cost adjustments, in all cases shall reflect only a direct pass-through of costs, and no changes to the Vendor's profit margin shall be permitted. All rate increases above 2% must be approved by the City Commission on recommendation of the Director of Financial Services. 12. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any RFQ No. UTL22-014 Professional Surveying & Mapping Services C-2 kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 13. INSURANCE. A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's RFQ No. UTL22-014 Professional Surveying & Mapping Services C-3 Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 14. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 15. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. TRUTH -IN -NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the VENDOR's most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. 17. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 18. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-4 19. 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. 20. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR 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 VENDOR of written notice of such neglect or failure. 21. 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. 22. UNCONTROLLABLE FORCES. 22.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. NOTICES. Notices to the CITY shall be sent to the following address: James Stables, Interim City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to VENDOR shall be sent to the following address: Engenuity Group, Inc. Attn: C. Andre Rayman Address: 1280 North Congress Avenue Suite 101 West Palm Beach, FL 33409 Phone: (561) 655-1151 Email: ara man en enuit rou ecom ; b�ackson en enuit rou ecom RFQ No. UTL22-014 Professional Surveying & Mapping Services C-5 23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR 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 VENDOR. 24. SOVEREIGN IMMUNITY. 24.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 24.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. 25. E -VERIFY. 25.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 25.1.1 Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E - Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and RFQ No. UTL22-014 Professional Surveying & Mapping Services C-6 B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 26. 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. 27. MISCELLANEOUS: 27.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 27.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 27.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-7 27.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 27.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 27.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 27.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 27.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 27.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 28. DEFAULT OF CONTRACT & REMEDIES: 28.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 28.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 28.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 28.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 28.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-8 28.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 28.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 28.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 28.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 28.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 28.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 28.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK SIGNATURE PAGE FOLLOWS RFQ No. UTL22-014 Professional Surveying & Mapping Services C-9 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of CITY OF BOYNTON BEACH James Stables, Interim City Manager Attest/Authenticated: Maylee De Jesus, City Clerk 20 (Authorized Official Name), (Vendor) C. Andre Rayman, PSM Print Name of Authorized Official President Title (Corporate Seal) Approved as to Form: Attest/Authenticated: Michael D. Cirullo, Jr. Secretary Office of the CITY Attorney RFQ No. UTL22-014 Professional Surveying & Mapping Services C-10 EXHIBIT "A" Page 235 of 1018 Surveying & Mapping Negotiated Rates Engenuity Group, Inc. Classification Hourly Rates Employees Identified Project Manager $172.00 Jennifer Malin, PSM, C. Andre Rayman, PSM Professional Surveyor/Mapper $158.00 John Rice, PSM Survey Technician $98.00 Justice Sadzauchi, SIT Senior Field Representative (Professional) $123.00 Travis Morrell Survey Crew (2 Men) $144.00 Michael Van Zee, Brent Sampaio Survey Crew (3 Men) $172.00 Reggie Bailey, Clarence Cole, Edwin Mansell Laser Survey Crew $187.00 Kevin Gomez, Juan Olave Hydrographic Survey Crew $170.00 Simon Destin, Jean Fadael GIS Specialist $123.00 Gary Rayman, PSM CADD Technician $98.00 Mariah Anderson Aerial Photogrammetry N/A N/A Engenuity Group, Inc. Page 236 of 1018 ATTACHMENTS RFQ No. UTL22-014 Professional Surveying & Mapping Services ATTACHMENT "A" City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/OpAgg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ----- ------------------------------------------------------------------------------------------------------------------------------------------------------•------ Professional Liability Aggregate - $1,000,000.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Automobile Liability - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Combined Single Limit - - - - - - - - - - - - - - - - - - - - - • - - - - - - $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos ---------------------------------------------------------------------------------------------------------------------------------- Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCE ADVISORY Revised 04/2021 RFQ No. UTL22-014 Professional Surveying & Mapping Services $ 300,000.00 Limits based on Project Cost Limits based on Project Cost ATTACHMENT `B" SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Work Orders. Work Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid -point of the project term or at more frequent intervals as required by the Work Order and at the time of Work Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either "marginal" or "unsatisfactory" even when this is not within the normal review cycle. In the event the Average Rating Score is "marginal" or "unsatisfactory" even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11) for all evaluations completed for the entire term of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Contractor Rating Unsatisfactory Evaluation Period ❑ Interim ❑ Final Project Title If evaluating under a work order contract, specify type 1. Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8) to produce the Average Rating Score in Line 11. RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 239 of 1018 Performance Indicators Rating Unsatisfactory Mar inal Satisfactory Very Good Exceptional 1. Planning & Approach ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 2. Staff Capability ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 3. Staff Effectiveness ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 4. Flexibility in Meeting City's Goals ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 5. Promptness of Deliverables/Milestones/Reports ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 6. Report and Drawings Quality ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 7. Quality of Work Completed ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 9. Individual Column Rating (Total lines 1-8.) 10. 11. Total Rating Score (Total row 9.) Average Rating Score (Divide line 10 by the number 8.) RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 239 of 1018 In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE utilization on Line 20. Additional space is available on Line 22 if needed. 12. Current tasks completed and/or deliverables received? If no, reason: ❑ Yes No 13. Current work completed ahead/on schedule? If no, number of days late: and reason: ❑ Yes No 14. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: ❑ Yes ❑ No 15. Contractor strengths: 16. Contractor weaknesses: 17. Specific problems incurred: 18. How may these have been prevented? 19. Additional comments/recommendations: 20. Comments on sub -contractor utilization: 21. Currently recommend firm for future contracts/work orders of this type? If "No" or "Possibly", an explanation must be provided in Line 22 below. ❑ yes Project Manager (sign) Date Section Administrator (sign) Date F]No El 22 Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 — explain marginal/unsatisfactory performance; if either "Possibly" apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks "No" or # # CONTRACT MANAGEMENT/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) Date RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 240 of 1018 PROFESSIONAL SURVEY AND MAPPING SERVICES THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and Caulfield & Wheeler, Inc. a [corporation] authorized to do business in the State of Florida, with a business address of 7900 Glades Road Suite 100 Boca Raton FL 33484 hereinafter referred to as the "VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor, parts, and materials related to the [RFQ NO. UTL22-014 - PROFESSIONAL SURVEY AND MAPPING SERVICES]. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the [PROFESSIONAL SURVEY AND MAPPING SERVICES]. 3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment, and supplies. 4. TERM. The initial Agreement period shall be for an initial term of three M years, commencing on umber 8, 2022 and shall remain in effect through September 7. 2025. The CITY reserves the right to renew the agreement for two u one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY. 5. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work products required pursuant to this Agreement and specific task order unless an extension of time is granted in writing by the CITY. 6. PAYMENT." The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by VENDOR shall be made as provided on Exhibit "A " attached hereto. b. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. c. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. e. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-1 f. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. LQ 1 0 =190 1101611 W0611W awl conditions. In submitting its esponse to the RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. WINW, 11W, 1 1 W W, -Ing RMITUOT-31 �-IRIIIMVW 1010141,111 121 all rIL"a I shall be subject to the following: Costs for the three contract year and any extensions shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based MUE AW The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending December 31 st, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. 1 MMM71, JJ TTR'3TV6—*waW5 - - - - - - 9, MR9076-111TW73 prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. . . @I - #MXqAt - ►qKg%-.w# - Vendor's profit margin shall be permitted. All rate increases above 2% must be approved by the City Commission on recommendation of the Director of Financial Services. Ilia UM19 W I 1OWN 011M"4161 Nat WOU"I 1111110 W11 1110 WA shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 13. INSURANCE. A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's RFQ No. UTL22-014 Professional Surveying & Mapping Services C-3 Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management, The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. 14. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 15. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 16. TRUTH -IN -NEGOTIATION CERTIFICATE. A. Execution of this Agreement by the VENDOR shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the VENDOR's most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. 17.. DISCRIMINATION PROHIBITED. The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 18. ASSIGNMENT. The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-4 19. 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. 20. TERMINATION. A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR 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 VENDOR of written notice of such neglect or failure. 21,. 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. 22. UNCONTROLLABLE FORCES. 22.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 22.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. NOTICES. Notices to the CITY shall be sent to the following address: James Stables, Interim City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to VENDOR shall be sent to the following address: RFQ No. UTL22-014 Professional Surveying & Mapping Services C-5 23. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR 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 VENDOR. 24. SOVEREIGN IMMUNITY. 24.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 24.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. 25. E -VERIFY. 25.1 CONTRACTOR certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described herein below. 25.1.1 Definitions for this Section: A. "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. B. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. C. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 25.1.2 Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E - Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: A. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and RFQ No. UTL22-014 Professional Surveying & Mapping Services C-6 B. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. 26. 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. 27. MISCELLANEOUS: 27.1 Any and all legal action necessary to enforce the terms of this Agreement shall be governed by the laws of the State of Florida. Any legal action arising from the terms of this Agreement shall be submitted to a court of competent jurisdiction located in Palm Beach County. 27.2 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 27.3 City and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the Contract Documents. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-7 27.4 In the event that either party brings suit for enforcement of this Agreement, each party shall bear its own attorney's fees and court costs, except as otherwise provided under the indemnification provisions set forth herein above. 27.5 Prior to final payment of the amount due under the terms of this Agreement, to the extent permitted by law, a final waiver of lien shall be required to be submitted by the CONTRACTOR, as well as all suppliers and subcontractors whom worked on the project that is the subject of this Agreement. Payment of the invoice and acceptance of such payment by CONTRACTOR shall release City from all claims of liability by CONTRACTOR in connection with this Agreement. 27.6 At all times during the performance of this Agreement, CONTRACTOR shall protect CITY's property from all damage whatsoever on account of the work being carried on under this Agreement. 27.7 It shall be the CONTRACTOR's responsibility to be aware of and comply with all statutes, ordinances, rules, orders, regulations, and requirements of all local, city, state, and federal agencies as applicable. 27.8 This Agreement represents the entire and integrated agreement between City and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement is intended by the parties hereto to be final expression of this Agreement, and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. In the event of a conflict between this Agreement, the solicitation, and the CONTRACTOR's bid proposal, this Agreement shall govern then the solicitation, and then the bid proposal. 27.9 This Agreement will take effect once signed by both parties. This Agreement may be executed by hand or electronically in multiple originals or counterparts, each of which shall be deemed to be an original and together shall constitute one and the same agreement. Execution and delivery of this Agreement by the Parties shall be legally binding, valid, and effective upon delivery of the executed documents to the other party through facsimile transmission, email, or other electronic delivery. 28. DEFAULT OF CONTRACT & REMEDIES: 28.1 Correction of Work. If, in the judgment of CITY, work provided by CONTRACTOR does not conform to the requirements of this Agreement, or if the work exhibits poor workmanship, CITY reserves the right to require that CONTRACTOR correct all deficiencies in the work to bring the work into conformance without additional cost to CITY, and/or replace any personnel who fail to perform in accordance with the requirements of this Agreement. CITY shall be the sole judge of non-conformance and the quality of workmanship. 28.2 Default of Contract. The occurrence of any one or more of the following events shall constitute a default and breach of this Agreement by CONTRACTOR: 28.2.1 The abandonment of the project by CONTRACTOR for a period of more than seven (7) business days. 28.2.2 The abandonment, unnecessary delay, refusal of, or failure to comply with any of the terms of this Agreement or neglect, or refusal to comply with the instructions of the CITY's designee. 28.2.3 The failure by CONTRACTOR to observe or perform any of the terms, covenants, or conditions of this Agreement to be observed or performed by CONTRACTOR, where such failure shall continue for a period of seven (7) days after written notice thereof by CITY to CONTRACTOR; provided, however, that if the nature of CONTRACTOR's default is such that more than seven (7) days are reasonably required for its cure, then CONTRACTOR shall not be deemed to be in default if CONTRACTOR commences such cure within said seven (7) day period and thereafter diligently prosecutes such cure to completion. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-8 28.2.4 The assignment and/or transfer of this Agreement or execution or attachment thereon by CONTRACTOR or any other party in a manner not expressly permitted hereunder. 28.2.5 The making by CONTRACTOR of any general assignment or general arrangement for the benefit of creditors, or the filing by or against CONTRACTOR of a petition to have CONTRACTOR adjudged a bankruptcy, or a petition for reorganization or arrangement under any law relating to bankruptcy (unless, in the case of a petition filed against CONTRACTOR, the same is dismissed within sixty (60) days); or the appointment of a trustee or a receiver to take possession of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where possession is not restored to CONTRACTOR within thirty (30) days; for attachment, execution or other judicial seizure of substantially all of CONTRACTOR's assets, or for CONTRACTOR's interest in this Agreement, where such seizure is not discharged within thirty (30) days. 28.3 Remedies in Default. In case of default by CONTRACTOR, CITY shall notify CONTRACTOR, in writing, of such abandonment, delay, refusal, failure, neglect, or default and direct CONTRACTOR to comply with all provisions of the Agreement. A copy of such written notice shall be mailed to the Surety on the Performance Bond. If the abandonment, delay, refusal, failure, neglect, or default is not cured within seven (7) days of when notice was sent by CITY, CITY may declare a default of the Agreement and notify CONTRACTOR of such declaration of default and terminate the Agreement. The Surety on the Performance Bond shall within ten (10) days of such declaration of default, rectify or cause to be rectified any mismanagement or breach of service in the Agreement and assume the work of CONTRACTOR and proceed to perform services under the Agreement, at its own cost and expense. 28.3.1 Upon such declaration of default, all payments remaining due CONTRACTOR at the time of default, less all sums due CITY for damages suffered, or expenses incurred by reason of default, shall be due and payable to Surety. Thereafter the Surety shall receive monthly payments equal to those that would have been paid by the CONTRACTOR had the CONTRACTOR continued to perform the services under the Agreement. 28.3.2 CITY may complete the Agreement, or any part thereof, either by day labor, use of a subcontractor, or by re -letting a contract for the same, and procure the equipment and the facilities necessary for the completion of the Agreement, and charge the cost of same to CONTRACTOR and/or the Surety together with the costs incident thereto to such default. 28.3.3 In the event CITY completes the Agreement at a lesser cost than would have been payable to CONTRACTOR under this Agreement, if the same had been fulfilled by CONTRACTOR, CITY shall retain such differences. Should such cost to CITY be greater, CONTRACTOR shall pay the amount of such excess to the CITY. 28.3.5 Notwithstanding the other provisions in this Article, CITY reserves the right to terminate the Agreement at any time, whenever the service provided by CONTRACTOR fails to meet reasonable standards of the trade after CITY gives written notice to the CONTRACTOR of the deficiencies as set forth in the written notice within fourteen calendar (14) days of the receipt by CONTRACTOR of such notice from CITY. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK SIGNATURE PAGE FOLLOWS RFQ No. UTL22-014 Professional Surveying & Mapping Services c -s U "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: .. ............. .......a DATED this day of 20Z4. CITY OF BOYNTON BEACH James Stables, Interim City Manager Attest/Authenticated : Maylee De Jesus, City Clerk Approved as to Form: Michael D. Cirullo, Jr. Office of the CITY Attorney RFQ No. UTL22-014 Professional Surveying & Mapping Services d (Authorized Official Name), Vendor) Print Name of Authorized Offic'ial" Title (Corporate Seal) Attest/Authenticated: Secretary C-10 RFQ No. UTL22-014 Professional Surveying & Mapping Services ATTACH ENT "A" City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability ------------------------------------------------------------------------------------------------------------------------------------------------------------------ Professional Liability Aggregate - $1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 11000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCE ADVISORY Revised 04/2021 RFQ No. UTL22-014 Professional Surveying & Mapping Services $ 300,000.00 Limits based on Project Cost Limits based on Project Cost plq I . ................. . ......... ................. . .... . cc 0 LL *3 UP 0 0 A= t El El CL 0 0 0 0 0 0 0 LO M CL to R 5 cc m ED 0 00 x CD , 0 [11:11:111 EIEI El C= as '0 C) . . ..... 0 res 0 a E2 m CJ r- 2: 40 CO M '2 2 00,2 LO 'a 0 ams wca t3 0 to CL CL a) 0 0 E CS 0 0— cr VO M . r 0 .0 r_ Zl 0 E c 0' 0) > El El 1:10 0 EI 0 El L. a) n- 2:1 o 14 -2 0 0 as 0 � cn 0. U) > 0 0) LZ 0 0) 0 0 .S CD 0 0 (D .2 0 4) 0 X cc 0 Z 4) > E LLJ —0 �5 0 0 a) w 0 CD .mCO m co co M co co c) 0 0 Mn 0 0- CD U 0oUi 1:11:1 F—I 1:11:1 El El! El 0 CL Ix s 0 a- 0 to 0 0 CD Q m 0 a8q> m vz U) 2 CL 0 M K. 013 c 0 :3 0-6 0 to N E. .-,a cq Cq N N N N 0 0) N N 0 c cc a r - m El 0 El 0 0 D F—I a9 .2 E A 0 0 to 2 a) 2 m a>) > m 0 m 0 th0 . . ...... . . m W > ZO .2 4- cn 0 as > ca rli .a CD 0 C: -0 .0 m to m a; Ij a) = t ME c w w '0 - M a) e® i a 0 S46, m Q F—I F—I E] F—I F—I F—I F—I EJI CL— a) D CD0 > 0 M 0 yam—_Q-O cn 0 m E O cm CL 012 0 a) ED Z — U —ai as 0E a) E Of E - 0 cn� 0 04 r- 0 E, (�D —0 E E — CL rz 0 0 0 Of m E 0 = -6 c CD 0 M (a *. E m 0 -e it Q� m M > Vasp :t4 0 w E a, 0 co w (D CL 0.4 :3 a) 0 > E o 0 a) CL ow c6 '00 E al Z04 0 0 " m x exr- a r 0 cm w M 0 (D ca C: 0 2 064�Q 0 0 � -0 0.- 0 E o cL -�c E 0 'D (D AC E '—w E '0 .2 tm:D r C3 0 0 ED E cc 0 c C 0 m w 6 S 0 0 w Cc m -0-0 :3 z m 2 E0 0 E 8 t U) CL r CD 0) :3 - 0 CD (D 0) 0) CL 0 I z < > J-1 -0 16 20 0 E- 0 .0 C w LB E " 0-0 0 0 LO c 06 m .— w '0 3: a) r. 0 w 0 m CL 0 a 18 0 02 0 af E cu a) :3 t L (no C, 0 Lij tE -C 0 0 0 0 0 0 Q) CL E 0 m > 0-.2! 2! It C :5 01 - 0 0 r -L rL w �00 a) 0 0 B .2 2 0 CO -0 E CL a- w 0) LL 0- w 0 0 0 m a) (D m 00-4-5 — m T 0 asm ca U) a) E E M N -C U) U) L L, Page 253 of 1018 In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE utilization on Line 20. Additional space is available on Line 22 if needed. _ ........ .__ .......................................................................................................... ............. ....__..... 12. Current tasks completed andlor deliverables received? If no, reason: n Yes No............... 13. Current work completed ahead/on schedule? If no, number of days late: and reason: ❑ Yes - - ........ -.. ........,.....� No - 14. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: n Yes .. ..........._.,............. ......... ......- ❑ No - 15. Contractor strengths: 16. ....,,... mm_... _.... m mm_ ....................... ...... Contractor weaknesses: _. 17, Specific problems incurred: 18. How may these have been prevented? -_... ............... _...... 19. Additional comments/recommendations: . ..... 20. Comments on sub -contractor utilization: 21 Currently recommend firm for future contractstwork orders of this type? If "No" or "Possibly", an explanation must be provided in Lin_ a 22 below ❑Yes Protect Manager (sign) Date Section Administrator (sign) Date ❑ No .. .... ...... .... .._.. .,,.... _ —..... 22 Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 - explain marginal/unsatisfactory performance; if either "No" or "Possibly" apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks .-.... _ _______ ___ �......... , - - _..... - ---- ....... ............. __ _...... -- ... ..... ... _ ._... _ .. CONTRACT MANAGEMENT/PROC-------- Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks --- _--- ---- ----- Evaluation NumberlScore -- - Comments: Running Average Score. Procurement Representative (sign) ..... DateOther Required Approval (sign) Date RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 254 of 1018 EXHIBIT "A" Page 255 of 1018 Surveying & Mapping Negotiated Rates Caulfield & Wheeler, Inc. Classification Hourly Rates Employees Identified Project Manager $190 David P. Lindley, PLS Stan Copeland, PSM Professional Surveyor/Mapper $140 David P. Lindley, PLS Jeffrey Wagner, PLS Owen M. Riggs, PSM Ronnie Furniss, PSM Stan Copeland, PSM Dennis Ritzel, PSM Clyde Mason II, PSM Survey Technician $125 TJ Jones, CST Survey Crew (2 Men) $165 TBD Survey Crew (3 Men) $190 TBD Laser Survey Crew $250 Rhied White Erik Stohl Andrew Beckwith Jason Clonin er Hydrographic Survey Crew $250 TBD GIS Specialist N/A N/A CADD Technician $100 TBD Aerial Photogrammetry Not hourly. Per project. Andrew Beckwith Jason Cloninger Caulfield & Wheeler, Inc. Page 256 of 1018 REQUEST FOR QUALIFICATION (RFQ) Number: UTL22-014 RFQ Name: Professional Survey and Mapping Services Closing Date: 3/16/2022 2:30:00 PM Evaluation: Start Date - End Date: 3/29/2022 - 6/8/2022 Final Consensus Meeting: 6/8/2022 3:15:00 PM STAGES Number Name Type Weight ........................................................................................................................................................................................................................................................................................................................................................................................................................................................... N/A Submittal Compliance Compliance N/A ........................................................................................................................................................................................................................................................................................................................................................................................................................................................... 1 Evaluation Evaluation 100.00 2 Interview / Presentations Interview 100.00 Grand Total: 200.00 2 Interview / Presentations ............................................................................................................................................................................................................................................................................................................................................................................................................................................................... Vendor ............................................................................................................................................................................................................................................................................................................................................................................................................................................................... Score out of 100.00 Avirom & Associates, Inc. 80.17 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................... Caulfield & Wheeler, Inc 71.50 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................... Engenuity Group, Inc. 84.17 Whidden Surveying and Mapping, Inc. 88.50 FINAL RANKING - CUMULATIVE SCORE RESULTS ............................................................................................................................................................................................................................................................................................................................................................................................................................................................ Rank Vendor Score out of 200.00 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................ 1 Whidden Surveying and Mapping, Inc. 177.67 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................ 2 ............................................................................................................................................................................................................................................................................................................................................................................................................................................................ Engenuity Group, Inc. 167.00 3 Avirom & Associates, Inc. 159.00 4 Caulfield & Wheeler, Inc 147.83 Page 257 of 1018 REQUEST FOR QUALIFICATIONS (RFQ) FOR PROFESSIONAL SURVEY AND MAPPING SERVICES RFQ No. UTL22-014 CITY OF, BOYNTON BEACH 100 E. OCEAN AVENUE BOYNTON BEACH, FL 33435 ONLINE SUBMISSION ONLY ynton-beach. bidsandtenders.n RFQ OPENING DATE: MARCH 16, 2022 RFQ CLOSING TIME: NO LATER THAN 2:30 P.M. THE DEADLINE FOR QUESTIONS CONVERNING THIS RFQ MARCH 6, 2022 (D- 2:30 P.M. 8 "d REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL SURVEY AND MAPPING SERVICES TABLE OF CONTENTS Table of Contents Noticeto Proposers............................................................................................................................ 1 -2 Section1 — Definitions....................................................................................................3 29 Section 2 — Scope of Services and Project Information..........................................................4 - 6 Section 3 — Instruction to Proposers.................................................................................................. 7 - 8 Section 4 — Proposal Submission Requirements............................................................................... 9 - 11 Section 5 — Evaluation of Proposals.................................................................................................. 12-13 Section 6 — General Conditions......................................................................................................... 14-20 Section 7 - Special Conditions........................................................................................................... 21 -22 Submittal of General Information, Procurement Forms, and Documents To be Completed and Uploaded Online Appendix `A' Proposer's Qualification Form Statement............................................................................ 24-28 Anti -Kickback Affidavit........................................................................................................... 29 Non -Collusion Affidavit of Respondent................................................................................. 30 Certification Pursuant to Florida STATUTE § 287.135 ................................................31 -32 E -Verify Form....................................................................................................33-34 Appendix`B'....................................................................................................................................... Draft Contract Agreement..............................................................................................0-1 — C-7 Attachments Insurance Advisory Form — Attachment"A".......................................................................... Sample Performance Evaluation Questionnaire - Attachment"B"................................. TOC The City of Boynton Beach REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL SURVEY AND MAPPING SERVICES RFQ # UTL22-014 Electronic Requests for Qualifications (RFQ's) shall be received by the bidding system up until March 16, 2022; No Later Than 2:30 P.M. (Local Time). All RFQ's received will be publicly opened and acknowledged of receipt. RFQ's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION. ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders.net. Documents are not provided in any other manner. SCOPE OF SERVICES: This RFQ will be utilized by the City to develop a listing of Professional Surveying and Mapping firms licensed in the State of Florida to perform a variety of surveying and mapping services for the City on an as -needed basis through purchase order contracts as outlined herein. A. Proposers will be eligible to respond to this Request for Qualifications if the proposing firms demonstrate that they or the principals assigned to this project have successfully completed services similar to those specified in the Scope of Services of this RFQ. B. Proposers must include as a part of the RFQ submittal, sufficient documentation, client references, and qualifications to support their ability and experience to perform the services contained in the RFQ. Selection of three (3) qualified Professional Surveyor Consultants will be conducted in accordance with the requirements of Florida Statutes § 287.055 "Competitive Consultants Negotiations Act." (CCNA). NO BID CONFERENCE or SITE INSPECTION is scheduled. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County RFQ No. UTL22-014 Professional Surveying & Mapping Services Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 1:01-j1[a:1x0101:1sm1J6'1610,141111JIN Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides a notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this RFQ are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH RFQ No. UTL22-014 Professional Surveying & Mapping Services PROFESSIONAL SURVEY AND MAPPING SERVICES RFQ No.: UTL22-014 SECTION 1 - DEFINITIONS Whenever the following terms appear in the Proposal, the intent and meaning shall be interpreted as follows: 1.1 City or Owner: The City of Boynton Beach, Florida 1.2 Contract/Purchase Order: The written agreement entered into between the City and the awarded Proposer. 1.3 Evaluation/Selection Committee: City Staff and /or outside consultants assigned to evaluate the submitted proposals. 1.4 Procurement Services: The Procurement Services Division -Department of Finance of the City of Boynton Beach. 1.5 Proposer: Any individual, firm, or corporation submitting a response for this project, acting directly or through a duly authorized representative. 1.6 "Provider", "Bidder", "Contractor", "Consultant", "Successful Proposer", "Vendor", or "Firm": The Proposer(s) awarded as a result of this Request for Qualification (RFQ). Said terms maybe used interchangeably while retaining the same meaning. 1.7 Qualifications/Proposal, Proposals, Responses, or Submissions: Shall refer to any Offer(s) submitted in response to this Request for Qualification (RFQ). 1.8 RFQ: Request for Qualification. 1.9 Subcontractor: Any person, firm, entity, or organization, other than the employees of the successful Proposer, who contract with the Successful Proposer to furnish labor, or labor and materials, in connection with the work or services to the City, whether directly or indirectly, on behalf of the Successful Proposer. 1.10 Task Order, Work Order, Project, Services, or Program: All matter that will be required to be done by the successful Proposer in accordance with the Scope of Work, and the Terms and Conditions of this RFQ. RFQ No. UTL22-014 Professional Surveying & Mapping Services 3 "PROFESSIONAL SURVEY AND MAPPING SERVICES" RFQ No.: UTL22-014 SECTION 2 —SCOPE OF SERVICES AND PROJECT INFORMATION 2.1 BACKGROUND: The City of Boynton Beach's (the "City") mission is to serve the residents by managing its resources for the benefit of the community, business, and visitors, as well as, balancing the needs of the present generations with those of future generations. Equally important elements of this stewardship are the facilitation of City progress, the conservation and development of community services, the protection and improvement of existing infrastructure, the mitigation of impacts from natural disasters, and the restoration and preservation of natural resources. This mission encompasses broad responsibilities and represents a large spectrum of activities and specializations. The demand for surveying services due to legal mandates, new infrastructure implementation, improvement projects, and the need to maintain existing facilities exceeds the capacity that can be generated by existing City staff. The City will solicit proposals in order to establish a set of contracts to assist City staff in completing a number of required tasks in support of these programs. 2.2 GOAL: The purpose of this RFQ is to solicit technical proposals from Professional Surveying and Mapping firms licensed in the State of Florida and possessing the required expertise to perform various types of surveying and mapping work for the City on an as -needed basis through work order contracts. 2.3 TERM OF THE PROJECT Multiple contracts will be awarded for a three (3) year period starting from the award date, with an option for two (2), one (1) year renewal periods. 2.4 SCOPE OF SERVICES TO BE PERFORMED: The selected firm(s) for surveying and mapping services shall be Florida licensed surveying firm(s). All professional services shall be performed under the direction of a Professional Surveyor and Mapper licensed with the State of Florida who possesses the required expertise to perform the various types of survey tasks listed in this statement of work. Purchase order contracts will be issued to the awarded Consultant. Work orders shall be issued by the City on an as -needed basis. To the extent practical, work orders will be rotated among the awarded Consultant. At the time each service requirement is identified, a detailed statement of work and project schedule will be provided to the Consultant. The Consultant shall then provide a detailed level of effort, project, and staffing schedule that conforms to the specific project and schedule requirements. A firm fixed price for that effort will be negotiated based RFQ No. UTL22-014 Professional Surveying & Mapping Services on the pre -determined rate schedule (hourly labor rates and/or unit pricing) included in the contract at the time of contract execution. Depending on the nature of the project, some work orders may be billable on a time and materials basis subject to completion of designated milestones and documentation of hours expended. Payment in all cases will be subject to successful completion of tasks and City acceptance of deliverables and/or project milestones. Project locations may be anywhere within the City's boundary and shall be detailed in work orders issued under the Contract. No work is authorized until such time as a work order is fully executed by the Parties. Any work provided under a revision or amendment to a work order is not authorized until the amendment is fully executed by the Parties. No minimum quantity of work orders is guaranteed. Upon completion of each work order, the City's project manager will prepare performance evaluations which will be documented and shared with the Consultant. The City will maintain a history of project performance for each Consultant which will become an important factor in the consideration of future work order awards. Consultants awarded work orders shall: • Provide timely delivery of services and resources; • Screen employees for work orders to ensure they meet required qualifications and check references before recommending to City; • Supervise consulting and sub -consulting staff; oversee their work and performance; • Manage the project (timelines, budget, deliverables, contingencies) and track the progress; • Quality assure all deliverables; ensure written reports are polished and coherent; • Communicate regularly with City Work Order Project Managers. All work will normally be performed by the Consultant at an off-site location (not in the City's offices). The Consultant will be required to provide their own equipment. Under extenuatinq circumstances, the City may require that work scope be performed at City offices: on-site work orders will be determined on a case-by-case basis. In these cases, the Consultant will be provided with space at a City office for the duration of the work order. 2.5 WORK BREAKDOWN STRUCTURE: The Consultant's work may include, but shall not be limited to, providing all professional services necessary to perform the following surveying tasks: • Right -of -Way surveys • Horizontal and vertical geodetic control surveys • Canal and embankments cross-sections and profiles • Boundary surveys • Topographic surveys • Specific Purpose surveys • Hydrographic surveys • Construction layout surveys • As -built surveys • Quantity surveys • Easements RFQ No. UTL22-014 Professional Surveying & Mapping Services • Legal descriptions and sketch of description • ALTA surveys • Field reconnaissance • Underground utility detection • Plan review services including plat review per F.S. Chapter 177 • Professional surveying and mapping review services 2.6 DELIVERABLES: Deliverables shall be submitted by the Consultant as delineated in the Statement of Work for each work order. The deliverables shall be submitted on or before the date provided in the Schedule of Tasks and Deliverables. The City shall review, comment, reject and/or approve the deliverable as being acceptable. 2.7 TIME SCHEDULE AND TIME FRAMES: Schedules shall be included in detailed work orders issued under the Contract and shall be based on the number of continuous calendar days following the work order execution date to complete specific tasks of the project. If the City reviews and comments are necessary to proceed with a task, then a specified City review time shall be included in the schedule. 2.8 PROJECT LOCATIONS: Project locations may be anywhere within the City's boundary and shall be detailed in work orders issued under the Contract. RFQ No. UTL22-014 Professional Surveying & Mapping Services P "PROFESSIONAL SURVEY AND MAPPING SERVICES" RFQ No.: UTL22-014 SECTION 3 — INSTRUCTION TO PROPOSERS 1. Electronic Request for Qualification shall be received by the City's e -Procurement bidding system no later than MARCH 16, 2022 No Later Than 2:30 PM (Local Time). 2. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Bidder to have their RFQ submittal submitted online. 3. Proposers shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addenda and any applicable attachment. 4. It is the responsibility of the Proposer to have received all Addenda that are issued. Proposers should check online at Boynton-beachebidsandtendersenet prior to submitting their Submittal and up until the RFQ closing time and date in the event, additional addenda are issued. 5. To obtain documents online please visit Boynton-beachebidsandtendersenet. You may preview the RFQ documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC PROPOSAL SUBMISSIONS ONLY, shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Proposers are cautioned that the timing of their Submittal Submission is based on when the Submittal is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 8. For the above reasons, it is recommended that sufficient time to complete your RFQ Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 9. Proposers should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Proposer advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at support bidsandtenders.net. 10. Late Submittal Responses are not permitted by the Bidding System. 11. To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Proposer has obtained this Solicitation from a third party, the responsibility is on the Proposer to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. RFQ No. UTL22-014 Professional Surveying & Mapping Services 12. All expenses for making SUBMITTAL responses to the City are to be borne by the Proposer. 13. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Request for Qualification for review. The City reserves the right to modify the contract language prior to execution. The actual scope of services and consulting fees will be negotiated following selection of the top firm(s). 14. Each Proposer, by submission of a proposal response, acknowledges that in the event of any legal action challenging the award of a BID or RFQ; damages, if any, shall be limited to the actual cost of the preparation of the PROPOSER. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFQ No. UTL22-014 Professional Surveying & Mapping Services "PROFESSIONAL SURVEY AND MAPPING SERVICES" RFQ No. UTL22-014 SECTION 4 — PROPOSAL SUBMISSION REQUIREMENTS 4.1 SUBMISSION OF PROPOSALS A. General Requirements. The purpose of the Technical Proposal is to demonstrate the qualifications, competence, and capacity of the Firms seeking to undertake the requirements of this Request for Qualifications. As such, the substance of the Proposal will carry more weight than its length, form, or manner of presentation. The Technical Proposal should demonstrate the qualification of the Firm and the particular staff to be assigned to his engagement. It should also specify an approach that will meet or exceed the Request for Qualifications requirements. The selected Firms shall provide sufficient organization, personnel, and management to carry out the requirements of this RFQ in an expeditious and economical manner, consistent with the needs of the City. Additionally, the selected Firm will be required to demonstrate recent experience with the successful completion of services similar to those specified within this RFQ. B. Certification and Licenses. Proposers must include with their Proposals, copy(ies) of all applicable certificates and licensing or business permits related to the Work specified herein. C. Detailed Proposal. The detailed Proposal sections set forth in Section 4 of this Request for Qualifications shall be completed online through the e -procurement bidding system. 1. Letter of Interest The Letter of Interest shall summarize the Proposer's primary qualifications and a firm commitment to provide the proposed services. 2. Firm's Qualifications a) Complete and submit Proposer's Qualification Statement, herein. b) Describe the Firm and provide a statement of the Firm's qualifications for performing requested consulting services. Identify the services which would be completed by your Firm's staff and those that would be provided by sub - Consultants, if any. Identify any sub -Consultants you propose to utilize to supplement your Firm's staff. C) If the Principal Place of Business is different than the location specified in the Proposer's Qualification Statement, then the proposer shall specify the office location where each project will be managed and produced. 3. Qualifications of Project Team, (key project members) and availability of specialty resources. Provide an overview of the qualifications of the specific project team to be submitted by the Firm/Individual to perform the requested services including: RFQ No. UTL22-014 Professional Surveying & Mapping Services ., a) An organizational chart that clearly defines the lines of authority and specifically lists the Client Service Manager, Project Manager, and primary Project Professional. These project team members are hereafter referenced as "kms project members". b) Provide a maximum of four resumes for key project members outlining the relevant experience and education for this project. C) Sub -Consultant firms and key personnel from these firms shall be clearly identified. Proposers are to recognize that the City will not allow substitution of key project members during the Contract period without the agreement of the City. d) Availability location and workload of the proposed team including: 1. Current project work listing and remaining labor commitments 2. Historically, describe the typical number of projects handled by the Proposer's key project managers at any given time. 3. Projected workload of project management activities as defined in the scope of services. 4. Identification of any sub -Consultant firms providing significant services that may be assigned more than five (5%) of the work. 4. Approach, demonstrated skill set, and innovative ideas that will be used to address the Scope of Work The response should include detailed information that demonstrates the proposer's understanding of the scope of work and how they intend to meet the goals and objections of the project. Consideration shall be given for cost-effectiveness, creativity, and innovation of the proposed approach and comprehensive utilization of proposed personnel and equipment to meet deliverables. The Project Approach and Work Plan shall demonstrate an understanding of but is not limited to, such items as: Topographic surveys, • Sketch & descriptions, • Preparation of easements, • Record as -built surveys, Specific purpose surveys, • GPS surveys, Laser scanning • Construction layout, • Ability to meet required time frames • Utilization of existing data or management systems • Web/Cloud-based solution platforms 5. References — Past Performance Provide three (3) governmental agencies references for similar professional surveying services contracts for which the Proposer has completed or are in progress within the past three (3) years with the following information: 1) Name of Agency, 2) Name of Project, 3) Address and 4) Contact Name, Email Address, and Telephone Number. The City is interested in learning of other firms' or government agencies' experiences with your firm; as such, please do not list the City of Boynton as a reference. RFQ No. UTL22-014 Professional Surveying & Mapping Services IN Contact persons must be informed that they are being used as a reference and that the City or their designee will be contacting them for information. Selection Committee Members or designee will email and or call each reference uo to three (3) times. If there is no answer after the third attempt, the City may apply no points for that project experience. *Note the City will not attempt to correct any of the supplied contact information, it is the responsibility of the Proposer to supply correct reference contact information. 6. Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded, and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included in order for your submittal to be completed and accepted. a) Online Acknowledgement ❑Proposer Acknowledgement ❑Addenda Acknowledgement ❑Confirmation of Drug Free Workplace ❑Palm Beach Inspector General b) Online Forms ❑Letter of Interest ❑Confirmation of Minority Owned Business ❑Local Business Certification ❑Statement of Non -Submittal (if applicable) ❑Schedule of Sub -Consultants ❑References C) Upload Online ❑Proposers Qualification Statement ❑Anti -Kickback Affidavit ❑Non -Collusion Affidavit of Proposer ❑Certification Pursuant to Florida Statute § 287.135 ❑Statement of Non -Submittal (if applicable) ❑Submit current Florida Professional License, including evidence of possession of required licenses or business permits / W-9 DE -Verify Form Pursuant to Florida Statute § 448.095 ❑ W-9 ❑Submit any Supplemental information relative to this RFQ RFQ No. UTL22-014 Professional Surveying & Mapping Services W1 5.1 go "PROFESSIONAL SURVEY AND MAPPING SERVICES" RFQ No. UTL22-014 SECTION 5 — EVALUATION OF PROPOSALS SUBMISSION OF PROPOSALS A. Request for Qualification Requirements The Selection Committee will review and evaluate all proposals submitted in response to this solicitation. The Committee shall conduct a preliminary evaluation of all responses based on the information provided and other evaluation criteria as set forth in this solicitation. The selection of the best -qualified Respondent(s) will be based on whether the Respondent(s) are responsible and responsive to this solicitation, and will be evaluated as follows: The determination shall be based upon the following criteria and respondents shall provide, as a minimum the information listed under each criterion. The Qualification Package is designed to provide information about your firm. Therefore, the said information will be used in evaluating the firm's qualifications to perform the advertised work. Proposals will be evaluated by the Selection Committee in accordance with weighted criteria listed below: Description Point Range Qualifications of the Firm 0-20 Qualification of Project Team and Experience 0-20 Approach, Demonstrated Skill Set, and Innovative Ideas 0-40 References 0-15 Local Preference 0-05 Total 0-100 B. Selection Process PURSUANT TO THE PROVISIONS OF F.S. 287.055, KNOWN AS THE "CONSULTANTS' COMPETITIVE NEGOTIATIONS ACT": A Selection and Evaluation Committee consisting of City Utility staff members, and may include outside consultants as deemed necessary, will review each written submission for compliance with the requirements of the RFQ, including verifying that each Proposal includes all documents required. In addition, the Committee will ascertain whether the provider is qualified to render the required services according to State regulations and the requirements of this RFQ. 2. In the event less than three (3) firms express interest in a solicitation or less than three (3) are deemed qualified by the Selection Committee, then Procurement Services shall make a determination as to whether to proceed with the lesser number of firms. If the decision RFQ No. UTL22-014 Professional Surveying & Mapping Services 12 is to re -advertise, and after a subsequent advertisement, resulting in three (3) firms that still cannot be qualified, then the City shall proceed hereunder with the qualified firms. 3. The Selection Committee will evaluate, score and rank all responsive and responsible proposals based on the requirements of the RFQ and may create a short list of a minimum of three (3) firms deemed to be the most highly qualified to perform the required services. In the event there are less than three (3) responsive proposals, the committee will give further consideration to all responsive proposals received. 4. The Selection Committee may at its sole discretion, request additional information or clarification of any information submitted by Respondent(s). 5. The Selection Committee will conduct discussions, interviews, or require presentations from the shortlisted firms. Upon completion of the discussions, interviews, or presentations, the Committee will re-evaluate, re -rate, and re -rank the proposals remaining in consideration based upon the evaluation criteria listed above. 6. Upon final ranking, the list of proposers recommended for award will be submitted to the City Commission for approval. 7. After ranking is completed, the City will present the short-listed firms to the City Commission for approval to negotiate fees for future projects. The negotiated fees will be included in an agreement based on the attached draft contract found in Appendix "B" and developed from this Request for Qualifications. 8. The City reserves the right to include additional provisions if the inclusion is in the best interest of the City, as determined solely by the City. Assuming the successful negotiation of an agreement(s), the final contract(s) will be submitted to the City Commission for their consideration and approval. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFQ No. UTL22-014 Professional Surveying & Mapping Services 13 "PROFESSIONAL SURVEY AND MAPPING SERVICES" RFQ No. UTL22-014 SECTION 6 — GENERAL CONDITIONS FOR PROPOSERS FAMILIARITY WITH LAWS: The Proposer is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Proposer will in no way relieve Proposer of responsibility to adhere to such regulations. 2. RFQ FORMS: The Proposer will submit a RFQ on the RFQ forms provided. All RFQ prices, amounts, and descriptive information must be legibly entered. The Proposer must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Proposer IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All RFQ forms must be executed and submitted for easy identification. Responses not submitted on RFQ forms may be rejected. All RFQs are subject to the conditions specified within this solicitation document. Submittals which do not comply with these conditions are subject to rejection. 3. EXECUTION OF RFQ: Proposal must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 5. RFQ DEADLINE: It is the Proposer's responsibility to assure that the PROPOSAL is submitted electronically by or at the proper time and date prior to the RFQ deadline. Late proposals are not permitted by the Bidding System 6. RIGHTS OF THE CITY: The City expressly reserves the right to: A. Waive as an informality, minor deviations from specifications at a lower price than the most responsive, responsible Proposer meeting all aspects of the specifications and consider it, if it is determined that total cost is lower and the overall function is improved or not impaired; B. Waive any defect, irregularity, or informality in any RFQ or RFP procedure; C. Reject or cancel any or all RFQs; D. Reissue a Request for Qualification (RFQ); E. Extend the RFQ deadline time and date; F. Procure any item by other means; G. Increase or decrease the quantity specified in the Request for Qualification (RFQ); H. Consider and accept an alternate RFQ as provided herein when most advantageous to the City. 7. STANDARDS: Factors to be considered in determining whether the standard of responsibility has been met include whether a prospective proposer has: A. Available the appropriate financial, material, equipment, facility, and personnel resources and expertise, or the ability to obtain such, necessary to indicate its capability to meet all contractual requirements; B. A satisfactory record of performance; C. A satisfactory record of integrity; D. Qualified legally to Contract within the State of Florida and the City of Boynton Beach; E. Supplied all necessary information in connection with the inquiry concerning responsibility. RFQ No. UTL22-014 Professional Surveying & Mapping Services 14 8. DISQUALIFICATION OF PROPOSER: More than one Proposal from an individual, firm, partnership, corporation or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe that collusion exists between Proposers. Automatic disqualifiers are as follows: a. Not including an executed Proposer signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to submit a proposal due to violations listed under Item No.38, "Public Entity Crimes." d. Not completing the RFQ Submittal Forms as required. 9. DIRECT OWNER PURCHASES: Procedure used by the City to make direct purchases of any materials/equipment and make direct payment to the Vendor. The CITY reserves the right to issue purchase orders for materials to either the Contractor's / Consultant's or the CITY's suppliers for construction/public works related materials when deemed in the best interest of the City. 10. PURCHASING AGREEMENT WITH OTHER GOVERNMENTAL ENTITIES: If a Bidder is awarded a contract as a result of this Bid, Bidder will, if Bidder has sufficient capacity or quantities available, provide to other Florida governmental agencies so requesting, the products or services awarded in accordance with the terms and conditions of the Invitation to Bid and resulting award. 11. RECORDS/AUDITS: The Successful Proposer shall maintain during the terms of the contract all books, reports, and records in accordance with generally accepted accounting practices and standards for records directly related to this Contract. The form of all records and reports shall be subject to the approval of the CITY's auditor. The Successful Proposer agrees to make available to the CITY's auditor, during normal business hours and in Miami -Dade, Broward, and Palm Beach counties, all books of account, reports, and records relating to this contract and retain them for a minimum period of three (3) years beyond the last day of the contract period. 12. SIGNING OF CONTRACT: The Award Letter will be presented to the Successful Proposer. Within ten (10) calendar days after issuance of the award letter, the successful Proposer shall sign and deliver the Contract with the required bonds and insurance certificates to the CITY. After receipt and approval of such documents, the Contract will be executed. Within thirty (30) calendar days thereafter, the CITY shall deliver a fully signed and executed Contract to the successful Proposer. At times a purchase order will be issued in lieu of a contract agreement. 13. INTERPRETATIONS: To ensure fair consideration for all Proposers, the CITY prohibits communication to or with any department, officer, or employee during the solicitation process except as otherwise specified. If the Proposer should be in doubt as to the meaning of any of the RFQ documents, or is of the opinion that the plans and/or specifications contain errors, contradictions, or reflect omissions; the Proposer shall direct questions to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this Bid, no later than ten (10) days prior to the BID deadline. 14. 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. 15. SUBCONTRACTING: If a Proposer subcontracts any portion of a Contract for any reason, the Proposer must state the name and address of the subcontractor / subconsultant and the name of the person to be contacted on the online form within the e -bidding system under "Schedule of Subcontractors". The City of Boynton Beach reserves the right to accept or reject any or all proposals wherein a subcontractor / subconsultant is named and to make the award to the Proposer, who, in the opinion of the City, will be in the best interest of and/or most advantageous to the City. The City also reserves the right to reject a RFQ of any Proposer if the RFQ names a subcontractor / subconsultant who has previously failed in the proper performance of an award or failed to deliver on time Contracts of a similar nature, or who is not in a position to perform properly under this award. The City reserves the right to inspect all facilities of any subcontractor / sub -consultant in order to make determination as to the foregoing. The subcontractor / subconsultant will be equally responsible for meeting all requirements RFQ No. UTL22-014 Professional Surveying & Mapping Services 15 specified in this Request for Qualification (RFQ). Contractors / Consultants are encouraged to seek minority and women business enterprises for participation in subcontractor / subconsultant contracting opportunities. The City reserves all rights in order to make a determination as to the foregoing. 16. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Proposer through the City's e - Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Proposer to have received ALL addenda that are issued. Proposers should check online at Boynton - beach. bidsandtenders.net prior to submitting their RFQ and up until the RFQ closing time and date in the event, additional addenda are issued. If a Proposer submits their RFQ prior to the RFQ closing time and date and addenda have been issued, the Bidding System shall WITHDRAW the Proposer's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the RFQ Proposal. The Proposer can view this status change in the "MY BIDS" section of the Bidding System. The Proposer is solely responsible to: • make any required adjustments to their RFQ; and • acknowledge the addenda; and • Ensure the re -submitted RFQ is RECEIVED by the Bidding System no later than the stated RFQ closing time and date 17. ANTITRUST CAUSE OF ACTION: In submitting a RFQ to the City of Boynton Beach, the Proposer offers and agrees that if the RFQ is accepted, the Proposer will convey, sell, assign or transfer to the City of Boynton Beach all rights, title and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and State of Florida for price fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the Proposer. 18. LEGAL REQUIREMENTS: Federal, State, County, and City laws, ordinances, rules, and regulations that in any manner affect the items covered herein apply. Lack of knowledge by the Proposer will in no way be a cause for relief from responsibility. 19. ON PUBLIC ENTITY CRIMES — All Invitations to Bid/RFQ/RFP as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 20. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this RFQ, Proposer certifies that Proposer is not participating in a boycott of Israel. Proposer further certifies that Proposer is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Proposer been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Proposer of the City's determination concerning the false certification. Proposer shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Proposer shall have ninety (90) days following receipt of the notice to respond in writing and RFQ No. UTL22-014 Professional Surveying & Mapping Services W. demonstrate that the determination of false certification was made in error. If Proposer does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E -VERIFY: Contractor is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a vendor or another subcontractor / subconsultant in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E - Verify System to verify the employment eligibility of: a. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b. All persons (including vendors / subconsultants / subcontractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c. 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. 22. NON -COLLUSION AFFIDAVIT: Each Proposer shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 23. 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 are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Proposer shall clearly designate that it is RFQ No. UTL22-014 Professional Surveying & Mapping Services 17 a Trade Secret and that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Proposer agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. 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. 24. ANTI -KICKBACK AFFIDAVIT: Each Proposer shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Proposer to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 25. CONFIRMATION OF MINORITY-OWNED BUSINESS: It is the desire of the City of Boynton Beach to increase the participation of minority-owned businesses in its contracting and procurement programs. While the City does not have any preference or set-aside programs in place, it is committed to a policy of equitable participation for these firms. Therefore, each Proposer shall complete the Confirmation of Minority -Owned Business Form and shall submit the form with its Bid/Proposal 26. ADVERTISING: In submitting a RFQ, the Proposer agrees not to use the results as a part of any commercial advertising. Violation of this stipulation may be subject to action covered under "NONCONFORMANCE WITH CONTRACT CONDITIONS". 27. ASSIGNMENT: Any Purchase Order issued pursuant to this Request for Qualification (RFQ) and the funds which may be come due hereunder are not assignable except with the prior written approval of the City. 28. LIABILITY: The selected Proposer(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers, and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants, and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from proposer's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the proposer within ten (10) days of receipt by the City of any claim, suit, or action against the City arising directly or indirectly from the operations of the proposer hereunder, for which the City may be entitled to a claim or indemnity against the proposer, under the provisions of this contract. Proposer shall have the right to control the defense of any such claim suit or actions. The proposer shall also be liable to the City for all costs, expenses, attorneys' fees, and damages which may be incurred or sustained by the City by reason of the proposer's breach of any of the provision of the contract. Proposer shall not be responsible for negligent acts of the City or its employees. 29. CONTRACT AGREEMENT: An Agreement outlining the Scope of Services with the intent of accomplishing a timely, cost-effective completion of a given project will be provided. Specific Task Order stipulating the Scope of Work to be provided will be issued after the execution of said Agreement. The Agreement will be based on successful negotiation. 30. FUNDING OUT: The resultant Agreement shall remain in full force and effect only as long as the expenditures provided for in the Agreement have been appropriated by the City Commission for the City of Boynton Beach in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. RFQ No. UTL22-014 Professional Surveying & Mapping Services 18 31. 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. 32. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the RFQ unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The 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 possession All records stored electronically by Contractor must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON, CITY CLERK 100 EAST OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6061 GIBSONC@BBFL.US 33. LOCAL BUSINESS PREFERENCE The City of Boynton Beach Administrative Policy No. 10. 16.01 provides for a local business preference. "For all acquisitions made pursuant to Requests for Proposals, Requests for Qualifications or Requests for Letters of Interest, the solicitation shall include a weighted criterion for Local Businesses of five percentage points (5%) of the total points in the evaluation criteria published in the solicitation. For all acquisitions made pursuant to Requests for Proposals, Requests for Qualification or Requests for Letters of Interest, where the solicitation includes a qualitative ranking rather than a quantitative selection, the evaluation criteria shall include a Local Business preference, as reasonably determined by the Financial Services Department, Purchasing Services, consistent with the intent of this Policy. RFQ No. UTL22-014 Professional Surveying & Mapping Services m Each such solicitation shall clearly define the application of the Local Business preference." In order to be considered for a local business preference, a Respondent must include the Local Business Status Certification Form at the time of RFQ submittal. Failure to submit this form at the time of RFQ submittal will result in the Respondent being found ineligible for the local business preference for this solicitation. Respondents who are certified as required will receive the full five points allotted for this evaluation criteria. All other firms will receive zero points in this evaluation criterion. THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFQ No. UTL22-014 Professional Surveying & Mapping Services 20 "PROFESSIONAL SURVEY AND MAPPING SERVICES" No. UTL22-014 SECTION 7 — SPECIAL CONDITIONS It will be the responsibility of the successful Proposer to supply necessary labor for the completion of services if requested by the City of Boynton Beach. The City by written notice may terminate in whole or in part any Contract resulting from this RFQ when such action is in the best interest of the City. If the Contract(s) are so terminated the City shall be liable for only payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include costs of items already delivered plus reasonable costs of supply actions short of delivery. It shall be the responsibility of the successful Proposer to maintain workers' compensation insurance, professional liability, property damage liability insurance, and vehicular liability insurance; during the time any of his 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 successful Proposer 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. The City of Boynton Beach reserves the right, before awarding a Contract to require a Proposer to submit such evidence of qualifications as it may deem necessary, and may consider any evidence available to it of the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) with the City in making the award in the best interest of the City. The successful Proposer shall at all times guard from damage or loss of property of the City or of other vendors, Contractors, or Consultants and shall replace and/or repair any loss or damage unless such has been proven to have been caused by the City, other vendors, Contractors, or Consultants. The City may withhold payment or make such deductions as it may deem necessary to insure reimbursement for loss or damage to property through negligence of the successful Proposer or his agent. The City is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this Contract involves a project consistent with these goals and objectives. Consequently, the City is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its Consultant. Therefore, as the City's Consultant for this project, the Consultant assures the City that the Consultant, its employees, subcontractors and assigns will refrain from acting adverse to the City's legitimate interest in promoting the goals and objectives of this project. The Consultant agrees to take all reasonable measures necessary to effectuate these assurances. In the event the Consultant determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the City. Upon such notification, the City, in its discretion, may terminate this Contract. PERFORMANCE EVALUATION: The awarded Consultant(s) will receive a performance evaluation by City Staff on all individual work orders. Work Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid -point of the project term or more frequent intervals as required by the RFQ No. UTL22-014 Professional Surveying & Mapping Services 21 Work Order and at the time of Work Order or Contract completion. Should the services provided by the Consultant fail to meet the expectations of the City's Project Manager, the Consultant shall have a period of ten (10) working days from the date notice is given to the Consultant by the City, to correct all deficiencies in the Consultant's services under the Work Order. All corrections shall be made to the satisfaction of the City Project Manager. Inability to correct all deficiencies within the specified ten days shall be good and sufficient cause to immediately terminate the Work Order without the City being liable for any and all future obligations under the Work Order as determined by the City at its sole discretion. The City, in its judgment, may elect to compensate the Consultant for any accepted work product through the date of termination of an authorized Work Order, provided it is in a form that is sufficiently documented and organized to provide for subsequent utilization in completion of the work product. The Project Coordinator shall contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete the "Contractor Performance Evaluation Form whenever any of the performance indicators are either "marginal" or "unsatisfactory". In the event the Average Rating Score is "marginal" or "unsatisfactory" even after reasonable efforts have been taken by the City to improve performance, the Project Coordinator shall coordinate with Procurement to determine what action needs to be taken under the circumstances. Contract Performance Evaluation form enclosed within this document illustrates a sample evaluation form to be used by the City for the various types of services provided by the Consultant THE REMAINDER OF THIS PAGE WAS LEFT BLANK INTENTIONALLY RFQ No. UTL22-014 Professional Surveying & Mapping Services 22 APPENDIX "A" THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL IN ORDER FOR SUBMITTAL TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 23 PROPOSER'S QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Submitted By: Name: Address: City, State, Zip: Telephone No.: Email Address.: i, --I. t -%-- Corporation Partnership Individual Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. 2. 3. The correct name of the Proposer is: The address of the principal place of business is: If Proposer is a corporation, answer the following: a. b. C. d. e. f. g. Date of Incorporation: State of Incorporation: President's name: Vice President's name: Secretary's name: Treasurer's name: Name and address of Resident Agent: If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 24 C. State whether general or limited partnership: 4. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 5. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 6. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 7. Indicate registration, license numbers or certificate numbers for the businesses or professions, which are the subject of this Bid. Please attach certificate of competency and/or state registration. 8. Did you attend the Pre -Proposal Conference if any such conference was held? YES = NO 9. Have you ever failed to complete any work awarded to you? If so, state when, where and why: 10. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary) 11. State the name of the individual who will have personal supervision of the work: 12. State the name and address of attorney, if any, for the business of the Proposer: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 25 13. State the names and addresses of all businesses and/or individuals who own an interest of more than five percent (5%) of the Proposer's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by Proposer: 15. State the name of Surety Company which will be providing the bond (if applicable), and name and address of agent: 18. Annual Average 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): Revenue Index Number 1. Less than $100,000 2. $100,000 to less than $250,000 3. $250,000 to less than $500,000 4. $500,000 to less than $1 million 5. $1 million to less than $2 million 6. $2 million to less than $5 million 7. $5 million to less than $10 million 8. $10 million to less than $25 million 9. $25 million to less than $50 million 10. $50 million or greater 19. Bank References: Bank Address Telephone 20. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule (continue on insert sheet, if necessary). THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 26 21. Provide descriptions of quality assurance/quality control management methods (continue on insert sheet, if necessary): 24. What will be your turnaround time for written responses to City inquires? 25. List and describe all bankruptcy petitions (voluntary or involuntary) which have been filed by or against the Proposer, its parent or subsidiaries or predecessor organizations during the past five (5) years. Include in the description, the disposition of each such petition. 26. List all claims, arbitrations, administrative hearings and lawsuits brought by or against the Proposer or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project which the dispute arose, and a description of the subject matter of the dispute. 27. List and describe all criminal proceedings or hearings concerning business related offenses to which the Proposer, its principals or officers or predecessors' organization(s) were defendants. 28. Has the Proposer, its principals, officers or predecessors' organization(s) been Convicted of a Public Entity Crime, debarred or suspended from bidding by any government during the last five (5) years? If so, provide details. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 27 The Proposer acknowledges and understands that the information contained in response to this Qualification Statement shall be relied upon by owner in awarding the contract and such information is warranted by Proposer to be true. The discovery of any omission or misstatement that materially affects the Proposer's qualifications to perform under the contract shall cause the owner to reject the proposal, and if after the award, to cancel and terminate the award and/or contract. (Signed) (Title) Subscribed and sworn to before me This day of 20_ Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 28 ANTI -KICKBACK AFFIDAVIT STATE OF FLORIDA SS COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP 7 NAME - SIGNATURE 2022 Printed Information: NAME TITLE COMPANY THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 29 NON COLLUSION AFFIDAVIT OF RESPONDENT State of ) County of ) 1) He is (Title) has submitted the attached RFQ: , being first duly sworn, deposes and says that: of , the proposer that (Name of Corporation or Integrator) 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said RFQ is genuine and is not a collusive or sham RFQ; 4) Further, the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other proposer, integrator or person to submit a collusive or sham RFQ in connection with the Contract for which the attached RFQ has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other proposer, integrator or person to fix the price or prices in the attached RFQ or of any other proposer, or to fix any overhead, profit or cost element of the RFQ price or the RFQ price of any other proposer, or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This day of 120 (Signed) (Title) Notary Public (Signature) My Commission Expires: THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 30 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 "TO IIRE CQlWl3l ILJ TIIED AND LJ11' IIL.OAIDEID QII IIL.11lllM I, , on behalf of that Print Name and Title does not: Company Name Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. certify Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector list, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed on the Scrutinized Companies that Boycott Israel List, is not listed on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, and is not engaged in business operations in Syria. I understand that pursuant to section 287.135, Florida Statutes, the submission of a false certification may subject the company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the City for goods or services may be terminated at the option of the City if the company is found to THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 31 have submitted a false certification or has been placed on the Scrutinized Companies with Activities in Sudan list or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List. COMPANY NAME SIGNATURE PRINT NAME DATE TITLE THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 32 CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES "TO IIRE CQlWl3l IL.ETIIED AND 11111 IIL.OAIDEID QII IIL.11lll4 Project Name: Professional Survey and Mapping Services Solicitation No.: UL22-014 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should contractor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services 33 e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ notarization, this day of by __ He/she is personally known as identification. physical presence or ❑ online on behalf of to me or has produced NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) THIS PAGE TO BE SUBMITTED IN ORDER FOR BID PACKAGE TO BE CONSIDERED COMPLETE AND ACCEPTABLE RFQ No. UTL22-014 Professional Surveying & Mapping Services Title or Rank Serial number, if any 34 APPENDIX `B' CONTRACT AGREEMENT RFQ No. UTL22-014 Professional Surveying & Mapping Services DRAFT PROFESSIONAL SURVEY AND MAPPING SERVICES *SUBJECT TO REVISIONS PRIOR TO SIGNING* THIS AGREEMENT ("Agreement"), is entered into between the City of Boynton Beach, a municipal corporation organized and existing under the laws of Florida, with a business address of 100 East Ocean Ave., Boynton Beach, FL 33435, hereinafter referred to as "CITY", and a [type of entity: corporation/partnership/sole proprietor] authorized to do business in the State of Florida, with a business address of , hereinafter referred to as the "VENDOR". In consideration of the mutual benefits, terms, and conditions hereinafter specified the Parties agree as set forth below. 1. PROJECT DESIGNATION. The VENDOR is retained by the City to provide labor, parts, and materials related to the [project title/ description]. 2. SCOPE OF SERVICES. VENDOR agrees to perform the services required for the [project title/ description] 3. SCOPE OF SERVICES. VENDOR agrees to perform Professional Surveying Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment, and supplies. The specified project which may be assigned to VENDOR is set forth on Exhibit " " 4. TERM. The initial Agreement period shall be for an initial term of _ (_) years, commencing on and shall remain in effect through . The CITY reserves the right to renew the agreement for _ (_) one-year renewals subject to vendor acceptance, satisfactory performance as determined by the CITY, and determination by the CITY that renewal will be in the best interest of the CITY. 5. TIME OF PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the CITY to the VENDOR to proceed. VENDOR shall perform all services and provide all work products required pursuant to this Agreement and specific task order unless an extension of time is granted in writing by the CITY. 6. PAYMENT. The VENDOR shall be paid by the CITY for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by VENDOR shall be made as provided on Exhibit " " attached hereto. b. The VENDOR may submit invoices to the CITY once per month during the progress of the work for partial payment. Such invoices will be checked by the CITY, and upon approval thereof, payment will be made to the VENDOR in the amount approved. c. Final payment of any balance due the VENDOR of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the work under this Agreement and its acceptance by the CITY. d. Payment as provided in this section by the CITY shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-1 e. The VENDOR's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the CITY and State for a period of five (5) years after the termination of the Agreement. Copies shall be made available upon request. f. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. 7. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the VENDOR in connection with the services rendered under this agreement shall be the property of the CITY whether the project for which they are made is executed or not. The VENDOR shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with VENDOR's endeavors. 8. FUNDING. This Agreement shall remain in full force and effect only as long as the expenditures provided in the Agreement have been appropriated by the CITY in the annual budget for each fiscal year of this Agreement, and is subject to termination based on lack of funding. 9. WARRANTIES AND REPRESENTATIONS. VENDOR represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Agreement and that it will retain and assign qualified professionals to all assigned projects during the term of this Agreement. VENDOR's services shall meet a standard of care for professional surveying and mapping and related services equal to or exceeding the standard of care for surveying professionals practicing under similar conditions. In submitting its response to the RFQ, VENDOR has represented to CITY that certain individuals employed by VENDOR shall provide services to CITY pursuant to this Agreement. CITY has relied upon such representations. Therefore, VENDOR shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent may be withheld in the sole and absolute discretion of the CITY. 10. COMPLIANCE WITH LAWS. VENDOR shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and CITY of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 11. INDEMNIFICATION. A. The VENDOR shall indemnify and hold harmless the CITY, its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorneys' fees and costs of defense, which the CITY or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to and resulting from the performance of this Agreement by the VENDOR, its employees, agents, partners, principals or subcontractors. The VENDOR shall pay all claims and losses in connection therewith and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the CITY, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorneys' fees which may issue thereon. Neither party to this Agreement shall be liable to any third party claiming directly or through the other respective party, for any special, incidental, indirect, or consequential damages of any kind, including but not limited to lost profits or use that may result from this Agreement or out of the services or goods furnished hereunder. B. The parties understand and agree that the covenants and representations relating to this indemnification provision shall survive the term of this Agreement and continue in full force and effect as to the party's responsibility to indemnify. C. Nothing contained herein is intended nor shall be construed to waive CITY's rights and immunities under the common law or §768.28, Fla. Stat., as may be amended from time to time. 12. INSURANCE A. During the performance of the services under this Agreement, VENDOR shall maintain the following insurance policies, and provide originals or certified copies of all policies to CITY's RFQ No. UTL22-014 Professional Surveying & Mapping Services C-2 Director of Human Resources and Risk Management. All policies shall be written by an insurance company authorized to do business in Florida. VENDOR shall be required to obtain all applicable insurance coverage, as indicated below, prior to commencing any service pursuant to this Agreement: Worker's Compensation Insurance: The VENDOR shall procure and maintain for the life of this Agreement, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any subcontractor that does not have their own Worker's Compensation and Employer's Liability Insurance. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. Comprehensive General Liability: The VENDOR shall procure and maintain for the life of this Agreement, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence" basis. Coverage shall include Premises and Operations; Independent consultants, Products -Completed Operations and Contractual Liability with specific reference to Article 7, "Indemnification" of this Agreement. This policy shall provide coverage for death, personal injury, or property damage that could arise directly or indirectly from the performance of this Agreement. VENDOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY. iii. Business Automobile Liability: The VENDOR shall procure and maintain, for the life of this Agreement, Business Automobile Liability Insurance. The VENDOR shall maintain a minimum amount of $1,000,000 combined single limit for bodily injury and property damage liability to protect the VENDOR from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the VENDOR or by anyone directly or indirectly employed by the VENDOR. iv. Professional Liability (Errors and Omissions) Insurance: The VENDOR shall procure and maintain for the life of this Agreement in the minimum amount of $1,000,000 per occurrence. V. Umbrella/Excess Liability Insurance: in the amount of $1,000,000.00 as determined appropriate by the CITY depending on the type of job and exposures contemplated. Coverage must be follow form of the General Liability, Auto Liability and Employer's Liability. This coverage shall be maintained for a period of no less than the later of three (3) years after the delivery of goods/services or final payment pursuant to the Agreement. B. VENDOR shall provide the CITY with all Certificates of Insurance required under this section prior to beginning performance under this Agreement. Failure to maintain the required insurance will be considered a default of the Agreement. C. The CITY shall be named as an additional insured. The coverage shall contain no limitations on the scope of protection afforded the CITY, its officers, officials, employees or volunteers. A current valid insurance policy meeting the requirements herein identified shall be maintained during the duration of this Agreement, and shall be endorsed to state that coverage shall not be suspended, voided or canceled by either party, reduced in coverage in limits except after thirty (30) days prior written notice by either certified mail, return receipt requested, has been given to the CITY. D. The CITY reserves the right to reasonably require any additional insurance coverage or increased limits as determined necessary by the Director of Human Resources and Risk Management. The CITY reserves the right to review, modify, reject, or accept any required policies of insurance, including limits, coverage, or endorsements throughout the term of the Agreement. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-3 13. INDEPENDENT CONTRACTOR. The VENDOR and the CITY agree that the VENDOR is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither VENDOR nor any employee of VENDOR shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Agreement. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to VENDOR, or any employee of VENDOR. 14. COVENANT AGAINST CONTINGENT FEES. The VENDOR warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the VENDOR, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the VENDOR any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 15. TRUTH -IN -NEGOTIATION CERTIFICATE A. Execution of this Agreement by the VENDOR shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the VENDOR's most favored customer for the same or substantially similar service. B. The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside VENDORs. The CITY shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - DISCRIMINATION PROHIBITED The VENDOR, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT The VENDOR shall not sublet or assign any of the services covered by this Agreement without the express written consent of the CITY. ARTICLE 16 - NON -WAIVER 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. ARTICLE 17 — TERMINATION A. Termination for Convenience. This Agreement may be terminated by the CITY for convenience, upon fourteen (14) days of written notice by the terminating party to the other party for such termination in which event the VENDOR shall be paid its compensation for services performed to the termination date, including services reasonably related to termination. In the event that the VENDOR abandons the Agreement or causes it to be terminated, the VENDOR shall indemnify the CITY against loss pertaining to this termination. RFQ No. UTL22-014 Professional Surveying & Mapping Services C-4 B. Termination for Cause. In addition to all other remedies available to CITY, this Agreement shall be subject to cancellation by CITY for cause, should VENDOR 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 VENDOR of written notice of such neglect or failure. ARTICLE 18 - DISPUTES Any disputes that arise between the parties with respect to the performance of this Agreement, which cannot be resolved through negotiations, shall be submitted to a court of competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed under Florida Law. ARTICLE 19 — UNCONTROLLABLE FORCES 19.1 Neither the CITY nor VENDOR shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non-performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Agreement and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and governmental actions. 19.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non-performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. NOTICES. Notices to the CITY shall be sent to the following address: Lori LaVerriere, City Manager City of Boynton Beach 100 E. Ocean Avenue Boynton Beach, FL 33435 Notices to VENDOR shall be sent to the following address: ATTN: Address: Phone: Email: ARTICLE 21 - INTEGRATED AGREEMENT This agreement, together with attachments or addenda, represents the entire and integrated agreement between the CITY and the VENDOR 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 VENDOR. ARTICLE 22 - SOVEREIGN IMMUNITY 22.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida RFQ No. UTL22-014 Professional Surveying & Mapping Services C-5 Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Agreement, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 22.2 In connection with any litigation or other proceeding arising out of the Agreement, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY's liability for costs and attorney's fees, however, shall not alter or waive CITY's entitlement to sovereign immunity, or extend CITY's liability beyond the limits established in Section 768.28, Florida Statutes, as amended. 1. Claims, disputes or other matters in question between the parties to this Agreement arising out of or relating to this Agreement shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Agreement. 2. The parties agree that any action arising out of this Agreement shall take place in Palm Beach County, Florida. THE REMAINDER OF THIS PAGE IS LEFT INTENTIONALLY BLANK RFQ No. UTL22-014 Professional Surveying & Mapping Services C-6 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of , 20 CITY OF BOYNTON BEACH Lori LaVerriere, City Manager Attest/Authenticated: Crystal Gibson, City Clerk Approved as to Form: James A. Cherof, Office of the CITY Attorney RFQ No. UTL22-014 Professional Surveying & Mapping Services (Authorized Official Name), (Vendor) Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Secretary C-7 ATTACHMENTS RFQ No. UTL22-014 Professional Surveying & Mapping Services ATTACHMENT "A" City of Boynton Beach Risk Management INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of "B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) Thefollowing is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise orlower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability Commercial General Liability Owners & Contractor's Protective (OCP) Asbestos Abatement Lead Abatement Broad Form Vendors 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability General Aggregate $ 1,000,000.00 Prod ucts-Comp/O p Agg. $ 1,000,000.00 Personal &Adv. Injury $ 1,000,000.00 Each Occurrence $ 1,000,000.00 Fire Damage (any one fire) $ 50,000.00 Med. Expense (any one person) $ Professional Liability Aggregate - $1,000,000.00 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - • - - - - - - Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other -As Risk Identified to be determined INSURANCE ADVISORY Revised 04/2021 RFQ No. UTL22-014 Professional Surveying & Mapping Services $ 300,000.00 Limits based on Project Cost Limits based on Project Cost ATTACHMENT `B" SAMPLE PERFORMANCE EVALUATION QUESTIONNAIRE (FOR INFORMATIONAL PURPOSES ONLY) Instructions: Performance evaluations shall be completed by the Project Manager for the following: (1) all Contracts; (2) all individual Work Orders. Work Orders with a term of six (6) months or more at a minimum, the Project Manager shall complete performance evaluations at the mid -point of the project term or at more frequent intervals as required by the Work Order and at the time of Work Order or Contract completion. It is especially important for the Project Manager to contact a Procurement representative to advise of any performance issues so that Procurement can assist with efforts to bring performance back to acceptable standards. It is equally important to complete this form whenever any of the performance indicators are either "marginal" or "unsatisfactory" even when this is not within the normal review cycle. In the event the Average Rating Score is `marginal' or "unsatisfactory" even after reasonable efforts have been taken by the City to improve performance, the Project Manager shall coordinate with Procurement to determine what action needs to be taken under the circumstances. When completed, forward the evaluation form to Procurement. Procurement will keep track of the Average Rating Scores (Line 11) for all evaluations completed for the entire term of the Contract/Work Order. The completed Performance Evaluation form will be retained in Procurement and will be available as a record of current performance for use in the evaluation process of future solicitations released by the District. The completed evaluation is available to the contractor upon a Public Records request pursuant to Chapter 119, F.S. Contract/Work Order No. Contractor Rating Unsatisfactory Evaluation Period ❑ Interim ❑ Final Project Title If evaluating under a work order contract, specify type 1. Check the appropriate ratings for Lines 1 through 8. Sum the individual ratings, by column, to produce the Individual Column Ratings on Line 9. Sum the Individual Column Ratings in Line 9 to produce the Total Rating Score on Line 10. Divide the Total Rating Score in Line 10 by the number 8 (the number of performance indicators in Lines 1-8) to produce the Average Rating Score in Line 11. RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 304 of 1018 Performance Indicators Rating Unsatisfactory Mar inal Satisfactory Very Good Exceptional 1. Planning & Approach ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 2. Staff Capability ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 3. Staff Effectiveness ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 4. Flexibility in Meeting City's Goals ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 5. Promptness of Deliverables/Milestones/Reports ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 6. Report and Drawings Quality ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 7. Quality of Work Completed ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 8. Contract Under or at Budgeted Cost and Invoicing Procedures ❑ 1 ❑ 2 ❑ 3 ❑ 4 ❑ 5 9. Individual Column Rating (Total lines 1-8.) 10. 11. Total Rating Score (Total row 9.) Average Rating Score (Divide line 10 by the number 8.) RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 304 of 1018 In Lines 12 through 21, provide any additional detail, as deemed necessary, to support the ratings given in Lines 1 through 8 as well as any additional comments regarding SBE utilization on Line 20. Additional space is available on Line 22 if needed. 12. Current tasks completed and/or deliverables received? If no, reason: ❑ Yes No 13. Current work completed ahead/on schedule? If no, number of days late: and reason: ❑ Yes No 14. Contract currently under/at budgeted cost? If not at budget, specify amount over $ and reason: ❑ Yes ❑ No 15. Contractor strengths: 16. Contractor weaknesses: 17. Specific problems incurred: 18. How may these have been prevented? 19. Additional comments/recommendations: 20. Comments on sub -contractor utilization: 21. Currently recommend firm for future contracts/work orders of this type? If "No" or "Possibly", an explanation must be provided in Line 22 below. ❑ yes Project Manager (sign) Date Section Administrator (sign) Date F]No El 22 Please indicate any additional comments corresponding to Performance Indicators (Lines 1-8) on Page 1 — explain marginal/unsatisfactory performance; if either "Possibly" apply to Question 21, an explanation must be provided here. Additional sheets may be attached if necessary. Number Remarks "No" or # CONTRACT MANAGEMENT/PROCUREMENT USE ONLY Please indicate any additional comments corresponding to the numbered question on Page 1 and/or Page 2: Number Remarks # # Evaluation Number/Score: Comments: Running Average Score: Procurement Representative (sign) Date Other Required Approval (sign) Date RFQ No. UTL22-014 Professional Surveying & Mapping Services Page 305 of 1018 THIS PAGE LEFT BLANK INTENTIONALLY Page 306 of 1018 M. Consent Agenda 9/8/2022 Requested Action by Commission: Approve utilizing the State of Florida Agreement # 94131608-16-P, with PRI DE Enterprises for the Purchase and Retread of Large Truck Tires (Recaps) for the City's Large Truck Fleet for an estimated annual expenditure of $80,000. The State of Florida process satisfies the City's competitive bid requirements. Explanation of Request: Contract Expires February 11, 2026 The City intends to utilize this contract to purchase recap/retread 11822.5 tires for the City's Fleet. A recap/retread tire is made via the process of placing a new tread on an existing casing. Once a new tire has been used and is in need of replacing, instead of replacing it with a new tire, a recapped/retreaded tire can be used. The used casing is then sent to be recapped/retreaded. Recaps can only be used on non -steer tires. A tire can be recapped/retreaded up to three or four times depending on the casing. This also eliminates waste as tires are not replaced as often because the life cycle of the recapped tire is equivalent to a new tire. Cost comparison for the 11 R22.5 size between a new tire ($374.49) and a recap/retread tire ($133.00) is a difference of $241.49 per tire. The City has utilized PRIDE in the past. However, due to the pandemic, PRIDE shut down their operations. During that time, the City utilized City of Punta Gorda Agreement # R2017112/SVC-TI RES/17/18 with Boulevard Tire Center. Now that PRI DE is back in operation, it is more cost effective to utilize their pricing: per tire cost of $133 versus Boulevard with a per tire cost of $190.58, a difference of $57.58 per tire. 370 tires have been purchased this year. Based on this usage and by continuing to purchase recap tires in place of new, there will be a savings of $89,351.30. Note: only large truck tires can be recapped/retread. The only tires available for recapping are the 11822.5 How will this affect city programs or services? This will enable the purchase of recap/retread tires for the City's fleet at a significant cost savings. Fiscal Impact: Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of $80,000. FY 20/21 expenditures were $58,030.47 FY 21/22 expenditures to date are $69,434.80 Alternatives: Not approve and only purchase new tires. Strategic Plan: Page 307 of 1018 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AddE)indUlirn D AddE)indUlirn D AddE)indUlirn Description RENIIE)W,-'.I�� I E)ttENr Ca: intract Fliric,iing Page 308 of 1018 DocuSign Envelope ID: 312ED290-8EF8-4A7F-B3F6-F3CBDCDCE523 Department of MANAGEN SERVICES We serve those who serve Florida AMENDMENT NO.: 1 Memorandum of Agreement Agreement No.: 94131608-16-P Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) This Amendment ("Amendment'), effective as of February 12, 2021, to the Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) Memorandum of Agreement, No. 94131608-16-P ("Agreement"), is made by and between the State of Florida, Department of Management Services ("Department"), and PRIDE. The Department and PRIDE are collectively referred to herein as the "Parties." WHEREAS, the Agreement was entered into by the Parties on February 11, 2016, to continue through February 11, 2021; WHEREAS, in accordance with section 5, the Agreement may be amended upon mutual agreement; WHEREAS, in accordance with section 16, the Agreement may be renewed for a period not to exceed five years. NOW THEREFORE, for the mutual covenants contained herein, and pursuant to section 5, the Parties agree to amend the Agreement as follows: I. Section B, The Agreement is amended to delete Section B and replace with the following B. PRIDE agrees to: i) In accordance with subsection 287.042(1)(e), Florida Statutes, submit to the Department all products and services it intends to have the Department list on the public facing website. ii) In accordance with section 287.042(1)(h), Florida Statutes, PRIDE shall pay a fixed subscription fee of $10,000.00 per quarter for the use of the Department's electronic information system. iii) Not change prices or specifications of products or services addressed in this Agreement except as specified in this Agreement. II. Memorandum of Agreement Renewal. The Agreement is renewed for a period of five years, effective February 12, 2021, through February 11, 2026. III. Warranty of Authority. Each person signing this Amendment warrants that he or she is duly authorized to do so and to bind the respective party. PRIDE Page 1 of 2 Amendment No. 1, Renewal Agreement No.: 94131608-16-P Page 309 of 1018 DocuSign Envelope ID: 312ED290-8EF8-4A7F-B3F6-F3CBDCDCE523 Department of ' NT MANAGEME SERVICES We serve those who serve Florida AMENDMENT NO.: 1 Memorandum of Agreement Agreement No.: 94131608-16-P Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) IV. Effect. Unless otherwise modified by this Amendment, all terms and conditions contained in the Agreement will continue in full force and effect. State of Florida Department of Management Services DacuSigned by: I Mt Name: Tami Fillyaw Title: Chief of Staff Date: 11/2/2020 1 3:23 PM EST PRIDE Amendment No. 1, Renewal Agreement No.: 94131608-16-P Prison Rehabilitative Industries and Diversified Enterprises, Inc. (PRIDE) DacuSigned by: By: Name: Jack Edgemeon Title: President Date: 11/2/2020 1 1:23 PM EST Page 2 of 2 Page 310 of 1018 MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMEN 11, OF MANAGEMENT SERVICES, DIVISION OF STATE PURCHASIN AND PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIE ENTERPRISES, INC. I Wilt rr1:5011 0 -L1t4-sLn0salo, 11TURVIFT 257707pr1w,• -0" Enterprises, the nonprofit corporation authorized to operate correctional work programs pursuant to 946.504, Florida Statutes (hereinafter referred to as PRIDE). M[M =--- I 3. It is expressly understood and agreed that the purpose of this Agreement is to clarify the respective duties of the parties in implementing the provisions of Sections 287.042(l)(d), (c), and (�, and Section 946.515(2), Florida Statutes -4. A Purchasing Analyst shall be designated as liaison and agreement manager for the Division of State Purchasing, Department of Management Services. The President of PRIDE is designated as the liaison and agreement manager for PRIDE. hi the event that different representatives are designated by either party after execution of this Agreement, notice of the name and address of the new representatives shall be provided in writing to the other party, which notice is not an amendment to this Agreement. 6. The scope of work is as follows: i) Upon PRIDE request, review and determine whether a product or service price is comparable pursuant to 287.042(1)(f), Florida Statutes. The Department liaison shall give written notice to PRIDE, within 30 days of PRIDE Enterprises Agreement: 94131608-16-P IN&I311 of 1018 CLOW DA D~TMENT cf g t SERVICES, V* WXV0 Z11010 Who gem noAda MEMORANDUM OF AGREEMENT BETWEEN THE DEPARTMEN 11, OF MANAGEMENT SERVICES, DIVISION OF STATE PURCHASIN AND PRISON REHABILITATIVE INDUSTRIES AND DIVERSIFIE ENTERPRISES, INC. I Wilt rr1:5011 0 -L1t4-sLn0salo, 11TURVIFT 257707pr1w,• -0" Enterprises, the nonprofit corporation authorized to operate correctional work programs pursuant to 946.504, Florida Statutes (hereinafter referred to as PRIDE). M[M =--- I 3. It is expressly understood and agreed that the purpose of this Agreement is to clarify the respective duties of the parties in implementing the provisions of Sections 287.042(l)(d), (c), and (�, and Section 946.515(2), Florida Statutes -4. A Purchasing Analyst shall be designated as liaison and agreement manager for the Division of State Purchasing, Department of Management Services. The President of PRIDE is designated as the liaison and agreement manager for PRIDE. hi the event that different representatives are designated by either party after execution of this Agreement, notice of the name and address of the new representatives shall be provided in writing to the other party, which notice is not an amendment to this Agreement. 6. The scope of work is as follows: i) Upon PRIDE request, review and determine whether a product or service price is comparable pursuant to 287.042(1)(f), Florida Statutes. The Department liaison shall give written notice to PRIDE, within 30 days of PRIDE Enterprises Agreement: 94131608-16-P IN&I311 of 1018 TuMpTIVIT �* T �Ukjlrlypallcaaon, as rV--7rAZ=i7e protucts an services prices were approved or disapproved. A request is complete upon receipt of all information requested by the Department. The Department shall review price adjustments in the same manner as it conducts the initial review of prices for comparability. 67, IN R M r- 1"M iii) List all approved products/services with commodity numbers on any listing prepared for state term contracts executed by the Department. i) In accordance with subsection 287.042(l)(c), Florida Statutes submit to the Department all products and services it intends to have the Department list. a) If needed, submit a product or service for testing, analysis and review, relating to quality and price comparability, to the Department of Agricultur% and Consumer Services or another mutually agreeable third party, PRIDE will pay any fees associated with testing to the third party. I iv) Not change prices or specifications of products or services addressed in this Agreement except as specified in this Agreement. I 1 1 1 111 - Work together to make program improvements. iii) Monitor products and services on the procurement list that are duplicated on other lists or contracts and recommend action in accordance with the best interests o iv) Coordinate resolution to complaints and comments in relation to this agreement. v) Assist with educating State buyers on PRIDE's mission and benefit to the community. vi) Leverage the catalog development, sourcing and buying functionality MyFloridaMarketPlace (MFMP) on behalf of PRIDE. I 7 In the event of a dispute between a purchasing authority of a state agency and PRIDE based upon price or quality of items available from PRIDE pursuant to Section 946.515(2), and Section 287.042(l)(D, Florida Statutes, either party may request a PRIDE Enterprises Agreement: 94131608-16-P R@@Ip2312 of 101,? hearing with the Department. if the dispute is not resolved through hearing with the Department, the parties may request an administrative hearing pursuant to Section 120.569- and 120.57- Florida Statutes. which Muest sball be referred to the Di,%wwmwwi� Administrative Htmiags for resolution of the pursuant to Section 120.68, Florida Statutes. 8. To facilitate the timely processing of commodity pricing approvals, PRIDE will filmi the following data to the Department liaison: i A. New Products: iii) Proposed price (piece/volume) iv) Freight-inclusive/exclusive vi) Third party testing results, if applicable B. Price Adjustments for products with existing commodity codes: Commodity code ii) Current pricing (piece/vol-ame) iv) Price Comparisons with citations C. Specification changes: iii) New specification sought 9. PRIDE agrees to utilize the U.S. Department of Homeland Security's E -Verify system, https-He-verify.uscis.gov/emp, to verify the employment eligibility of all new employe hired during the term of the Agreement. I PRIDE Enterprises Agreement: 94131608-16-P 1RWf--3313 of 1018 10. PRIDE certifies that it is not listed on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, created pursuant to section 215.473. PRIDE agrees the Department may immediately terminate the Agreement for cause if PRIDE is found to have submitted a fal certificatiI n or if PRIDE is placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Irm Petroleum Energy Sector Lis I uring the term of the Agreement. I 11. The State of Florida supports and encourages initiatives to keep the workplace of Florida's suppliers and contractors drug free. PRIDE shall sign and submit the "Certification of Drug -Free Workplace Program" form, attached hereto and certify that PRIDE has a drug- free workplace program. 12. The State of Florida and PRIDE are committed to supporting its diverse business industry and population through encouraging participation by minority, women, and veteran small business enterprises in the economic life of the State. 13. Subject to the provisions of s. 946.517, Florida Statutes, this Agreement is subj- i i provisions of Chapter 119, Florida Statutes, including but not limited to 119.0701, Florid,2- Statutes. 14. If PRIDE considers any portion of the documents, data or records submitted in furtherano* of this Agreement to be confidential, proprietary, trade secret or otherwise not subject to disclosure, pursuant to Chapter 119, Florida Statutes, the Florida Constitution, Section 946.517, Florida Statutes, or other authority, PRIDE is to mark the record as "Confidential." In the event of a request for public records, pursuant to Chapter 119, Florida Statutes, the Florida Constitution, or other authority, for documents that are marked as confidential, the Department will notify PRIDE that such a request has been made. It is PRIDE's responsibility to assert that the documents are exempt from disclosure under Chapter 119, Florida Statutes, s. 946.517, Florida Statutes or other applicable law. If the Department becomes subject to a demand for discovery or disclosure of the Confidential Information of PRIDE in a legal proceeding, the Department shall give PRIDE prompt notice of the demand prior to releasing the information (unless otherwise prohibited by applicable PRIDE shall be responsible for defending its determination that the documents are confidential, proprietary, trade secret, or otherwise not subject to disclosure. PRIDE agrees to protect, defend, and indemnify the Department for any and all claims arising from or relating to PRIDE's determination that its records arc confidential, proprietary, trade secret, or otherwise not subject to disclosure. 15. PRIDE shall retain sufficient documentation to substantiate claims for payment under the Agreement and all other records, electronic files, papers, and documents that were made in relatiIll to this Agreement for a period of five (5) years after expiration or termination of the Agreement. PRIDE Enterprises Agreement: 94131608-16-P pRo@% 314 of 1018 16. Term of Agreement shall be for five (5) years from the effective date with an optional 7. renewal period not to exceed five (5) years. The Agreement is subject to the grant of gri budget authority by the Florida Legislature and shall rcnew only upon a Fiscal Year of budget authority by the legislature. 17, This Agreement contains all the terms and conditions agreed upon by the parties. In the event any one or more of the provisions of this Agreement shall for any reason be held to be invalid, illegal, or unenforceable, in whole or in part or in any respect, or in the event that any one or more of the provisions of this Agreement operates or would prospectively operate to invalidate this Agreement, then, and in any of those events, only such provision or provisions shall be deemed null and void and shall not affect any other provision of this Agreement. The remaining provisions of this Agreement shall remain operative and in fall force and effect and shall in no way be affected, prejudiced, or disturbed thereby. 18. A party may terminate its participation in this Agreement upon no less than thirty (30) days written notice to the other party to this Agreement. Such notice shall be sent via certified mail to the party designee as identified in this Agreement. 19. PRIDE agrees that any and all claims, suits, judgments or damages, where due to the negligence or intentional misconduct of PRIDE or its agents or employees, shall be the sole responsibility of PRIDE. However, nothing in this paragraph is intended as a waiver of sovereign immunity, or the limits or Section 78 6.28, Florida Statutes, and nothing in this paragraph is intended to confer any rights or benefits to any party other than the Department. 20. Pursuant to subsection 20.055(5), F.S., PRIDE, and any subcontractor to PRIDE, understand and will comply with their duty to cooperate with the Inspector General in any investigation, audit, inspection, review, or hearing, in a manner consistent with section 946.517, F.S. 21. Pride shall submit r. Sales Report in Excel format within 30 days of the end of the State's fiscal quarter (September 30, December 3 1, March 3 1, and June 30) in the format that will be provided by the Department electronically upon execution of this Agreement. F-2. PRIDE hereby agrees to cooperate with the Department and MyFloridaMarketPlace (MFMP) to the following: Upon the Department's' request, to deliver a punch -out catalog. The punch -out catalog content must be limited to PRIDE's approved statewide contract offerings. In addition to PRIDE's yunch-out catalog- in MFMP_ PRIDE shall =vide a syceific online orderin,�114. and product catalog (Catalog) to the Department containing only approved items and prices. For each item, the following information shall be provided at a minimum: item description, manufacturer name- manufacturer part number-, unit of measure,. list 1,price and contract price, and item image. UAW 1! _41- 91 W _9 I I_ 1 0 PRIDE Enterprises Agreement: 94131608®1 IR@ge5315 of 1018 I= processed through the MFMP. For the purposes of this section, PRIDE warrants and represents that it is authorized and empowered to and hereby grants the Department and the third party provider of MFMP, a state contractor, the right and license to use, reproduce, transmit, distribute, and publicly display within the system the information outlined above. In addition, PRIDE warrants and represents that it is authorized and empowered to and hereby grants the State and the third party provider the right and license to reproduce and display within the system PRIDE's trademarks, system marks, logos, trade dress, or other branding designation that identifies the products made available by PRIDE under the agreement. 23. IN WITNESS THEREOF, the Parties hereto have caused the Agreement, including any referenced attachments, to be executed by their undersigned officials and each person is duly authorized to bind the respective Party to the Agreement. The Agreement is not valid until signed and dated by both Parties. W, OXYTII� "WNW STATE OF FLORIDA PRISON REHABILITATIVE I DEPARTMENT ANAD OF MGEMENT INUSTRIES AND DIVERSIFIE SERVICES ENTERPRISES, INC. I�Rjot� ia! . . .................. . . . . ....................... lrhi Rock, Ja Ed on, Deputy Secretary, Business Operations a . ent Date: Datc�� PRIDE Enterprises Agreement: 94131608-16-P P43g6(616 of 1018 42620035 6611 R225UTWR UTWR Waste Hauler Rib 24/32 25172503 $ 133.00 42604516 6611 R225UOSD UOSD Open Shoulder Drive 22/32 25172503 $ 120.00 Page 317 of 1018 EA 7 PRIDE Enterprises 94131608-16-P N EA 7 PRIDE Enterprises 94131608-16-P N Page 318 of 1018 C22 ......,i Page 319 of 1018 6.K. Consent Agenda 9/8/2022 Requested Action by Commission: Proposed Resolution No. R22-122- Approve and ratify reopened Wage Article of the SEI U Blue and White Collar Collective Bargaining Agreements. Explanation of Request: The current Collective Bargaining Agreements had a Year Three reopener for Article 30 - Wages. During negotiations, which commenced on June 17, 2022 and concluded on August 11, 2022, the City and Union agreed to the following monetary changes: 8% across-the-board wage increase for all bargaining unit members, and those who are at the maximums of their pay grades will receive a lump sum. Ocean Rescue Lifeguards who have an Emergency Medical Technician (EMT) Certification through the State of Florida are entitled to $1.44/hour incentive pay. 911 Communications Dispatchers and Specialists who work during the evening/overnight shift [1800 hours to 0600 hours] are entitled to $1.68/hour shift differential for all time worked during those hours. The specific details are available for review in the attachment, beginning at Section 30.3 Year Three. How will this affect city programs or services? Having Collective Bargaining Agreements in place provides bargaining unit employees and management with guidance on the current terms and conditions of employment in effect. Fiscal Impact: Wages are budgeted in the bargaining unit employees' respective departments' salaries line items: SEIU Blue Collar Wages- $490,713 SEIU White Collar Wages - $360,626 TOTAL - $851,339 Costs for Other Monetary Changes Impacting Salaries: • SEIU Blue Collar Ocean Lifeguards EMT Incentive Pay estimated annualized cost: $20,967. • SEIU White Collar 911 Communications Shift Differential estimated annualized cost: $7,359. Alternatives: Do not approve and return to bargaining. Strategic Plan: High Performing Organization Strategic Plan Application: Page 320 of 1018 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()l LA ti 0 111 D AttacftrTIENI'lt Description RE)SOkAboin appiroviing aind ratifyiing thE) ir'EX)� ENIIEd W,. -'.IgE, ArbCdE) for IBC & VV S IE I U S lE IU IREX)lPENIIEd WagE, ArbCdE) Page 321 of 1018 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 RESOLUTION R22-122 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND RATIFYING THE REOPENED AND AMENDED ARTICLE OF WAGES OF THE COLLECTIVE BARGAINING AGREEMENTS BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND THE SEIU FLORIDA PUBLIC SERVICES UNION (BLUE COLLAR AND WHITE COLLAR) FOR THE PERIOD OF OCTOBER 1, 2020 THROUGH SEPTEMBER 30, 2023; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the current Collective Bargaining Agreements had a Year Three reopener for Article 30 - Wages; and WHEREAS, during negotiations, which commenced on June 17, 2022 and concluded on August 11, 2022, the City and Union agreed to the monetary changes; and WHEREAS, the City Commission of the City of Boynton Beach deems it to be in the best interests of the residents and citizens of the City to approve and ratify the reopened and amended article of the Agreements. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "WHEREAS" clauses are true and correct and hereby ratified and confirmed by the City Commission. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and ratify the reopened and amended Article of Wages of the Collective Bargaining Agreement between the City of Boynton Beach and the SEIU Florida Public Services Union for Blue Collar & White Collar for the period of October 1, 2020 through September 30, 2023, a copy of the reopened and amended Article is attached hereto as S:ACA\RESO\Agreements\CBA Ratifications\SEN Reopened Articles 2020-23(BC & WC) - Reso.docx Page 322 of 1018 31 Exhibit "A". 32 33 Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPT 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 ATTEST: 53 54 55 Maylee De Jes6s, MPA, MMC 56 City Clerk 57 58 59 (Corporate Seal) 60 61 62 63 64 65 66 67 68 ED this ___ day of September, 2022. 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 S:ACA\RESO\Agreements\CBA Ratifications\SEN Reopened Articles 2020-23(BC & WC) - Reso.docx Page 323 of 1018 COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND SEW FLORIDA PUBLIC SERVICES UNION, CTW, CLC BLUE AND WHITE COLLAR BARGAINING UNITS October 1, 2020 to September 30, 2023 City TAYL Union TA Pa 324 of 1018 ARTICLE 30 AMENDED FOLLOWING REOPENER 30.0 WAGES 30.1 Year One (October 1, 2020 — September 30, 2021): Bargaining Unit members who were actively employed on September 30, 2020 and who have not terminated before ratification of this Agreement, will receive a two and a half percent (2.5%) increase to their hourly base rate effective retroactive to October 1, 2020 provided Union holds ratification vote on or before November 6, 2020. If ratification vote is held on or after November 7, 2020, the increase will be effective at the start of the first full pay period following ratification by Commission. Employees who are at the maximum of their pay grades will receive an equivalent lump sum payment. 30.2 Year Two (October 1, 2021 — September 30, 2022): This Article was reopened for negotiations in May 2021. The City increased its Pay Plan pay grade minimum and maximum hourly rates by three percent (3%) for fiscal year 2021/2022. Wage increases will be retroactive to October 1, 2021 only if SEIU ratifies this Agreement on or by November 5, 2021. If SEIU ratifies this Agreement on or after November 6, 2021, wage increases will be effective on the first full pay period following ratification by both SEIU and the City Commission. 30.2.1 Bargaining Unit members who were actively employed on March 31, 2021 and who have not terminated or submitted an intent to resign prior to ratification of this Agreement and who are not subject to any exclusions, are eligible to receive the following: (a) Four percent (4%) increase to hourly base rate effective at the start of the first full pay period following ratification. 30.2.1.1 Exclusions: (a) Employees whose pay increased pursuant to the City's newly established $15.00 minimum hourly rate and for whom this increase is more than four percent (4%). (b) Employees who are reclassified effective October 1, 2021 and whose pay rate from that reclassification has been increased by more than four percent (4%). (c) Employees who reach the maximum of the pay grade are not entitled to additional compensation above the maximum pay rate for that grade. 30.2.2 Bargaining Unit members who were hired on or after April 1, 2021 and who have not terminated or submitted an intent to resign prior to ratification of this Agreement and who are not subject to any exclusions, are eligible to receive the following: City TPi Union TA � Pale 325 of 1018 (a) Two percent (2%) increase to hourly base rate effective at the start of the first full pay period following ratification; 30.2.2.1 Exclusions: (a) Employees whose pay increased pursuant to the City's newly established $15.00 minimum hourly rate and for whom this increase is more than two percent (2%). (b) Employees who are reclassified effective October 1, 2021 and whose pay rate from that reclassification has been increased by more than two percent (2%). 30.2.3 Bargaining Unit members, including probationary employees, who are actively employed and who have not submitted an intent to resign on or prior to the payment date may be eligible to receive the following Premium Pay funded through American Rescue Plan Act (ARPA) subject to approval by Commission and review by auditors for eligibility: (a) A lump sum premium payment of one thousand dollars ($1,000) payable on or before December 10, 2021; and (b) A lump sum premium payment of one thousand dollars ($1,000) payable on or before July 1, 2022. (i) Member must have been actively employed on or before October 5, 2021, must remain in an active status on date of payment, and must not have submitted an intent to resign on or prior to payment date. 30.3 Year Three (October 1, 2022 — September 30, 2023): This Article was reopened for negotiations in June 2022. Wage increases will be retroactive to October 1, 2022 if SEIU ratifies this Agreement on by September 30, 2022. If SEIU ratifies this Agreement on or after October 1, 2022, wage increases will be effective on the first full pay period following ratification by both SEIU and the City Commission. 30.3.1 Bargaining Unit members who were actively employed on September 30, 2022 and who have not submitted an intent to resign prior to ratification of this Agreement and who are not subject to any exclusions in Section 30.3.1.1, are eligible to receive the following: (a) Eight percent (8%) increase to hourly base rate effective at the start of the first full pay period following ratification. City TA s: Union TA *µn Page 326 of 1018 30.4 30.3.1.1 Exclusions: (a) Employees who are reclassified effective October 1, 2022 and whose pay rate from that reclassification has been increased by more than eight percent (8%). (b) Employees who have reached the maximums of their pay grades are eligible to receive an eight percent (8%) lump sum increase, effective the first full pay period following ratification. Additional Monetary Changes 30.4.1 Ocean Rescue Life uards: Any Ocean Rescue Lifeguard who has obtained certification from the State of Florida as an Emergency Medical Technician I (EMT) will receive an additional $1.44/hour of certification incentive pay. 30.4.2 Communications Dispatchers and Specialists: All Communications Dispatchers and Specialists who work during the evening/overnight shift [1800 hours through 0600 hour/6:00p.m. through 6:00 a.m.] will receive an additional $1.68/hour of shift differential incentive pay. No more than twelve (12) hours of shift differential pay (per employee) in one day is permitted. '*I City TA � �' � " Union TA Pae27 of 1018 SIGNATURE PAGE Agreed to this day of 2022 by and between the respective parties through the authorized representatives of the Union and the City. SEIU FLORIDA PUBLIC SERVICES UNION, CTW, CLC w. a BY: Witness 1eph Brenner, SEIU CITY OF BOYNTON BEACH: BY: Witness Ty Penserga, Mayor ___........_ Witness 1a 6s Stables, Interim City Manager ATTEST: Maylee De Jesus, City Clerk APPROVED AS TO FORM: Michael Cirullo, City Attorney City TA Union TA Page 328 of 1018 6.L. Consent Agenda 9/8/2022 Requested Action by Commission: Approve minutes from the August 16, 2022 City Commission Meeting. Explanation of Request: The City Commission met on August 16, 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 1['1LAtE)S Coirnirnia:>sioin I E)E)tiir':g I li1r'1LAtEss 08 16 2 Page 329 of 1018 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 16, 2022, at 6:00 P.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Woodrow L. Hay Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga James Stables, Interim City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 6:01 P.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Pastor Chuck Brannon, Gateway Community Church Invocation was given by Pastor Chuck Brannon. Pledge of Allegiance to the Flag led by Commissioner Aimee Kelley Commissioner Kelley led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Mayor Penserga noted that he received a request from City Counsel to announce a closed -door shade meeting regarding litigation under Legal. Mayor Penserga added 3E to the agenda in order to recognize the 12U Little League Team. He requested that Item 10B be moved to immediately after Public Audience. 2. Adoption Motion Commissioner Hay moved to approve the agenda, as amended. Commissioner Kelley seconded the motion. The motion passed unanimously. 2. Other Page 330 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 A. Informational items by the Members of the City Commission. Commissioner Kelley announced that she had no disclosures. She shared she has been advised by the City Attorney, Palm Beach County Board of Ethics, and Florida Commission of Ethics that she does not have a conflict for the PBSO proposal item. Commissioner Turkin announced that he had no disclosures. He thanked Staff forworking hard and their assistance. Vice Mayor Cruz announced that she had no disclosures. Commissioner Hay announced that he had no disclosures. He said that the First Friday at 5 concert was excellent. He spoke about the Florida League of Cities conference and the different classes they offer. He described the Florida League of Cities and encouraged his colleagues to attend when they can. Mayor Penserga stated that he attended the Florida Leagues of Cities and said it was educational. He mentioned that he attended a Town Hall meeting at Leisureville and thanked the residents in attendance. 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. Three 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. Mayor Penserga read the announcement into the record. 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. Mayor Penserga read the announcement into the record. C. Announcement of change to free chlorination of the water supply from August 17, 2022 through September 6, 2022. Mayor Penserga read the announcement into the record. D. Proclamation recognizing August 21, 2022 as Senior Citizens Day. Sandra Watson, Senior Advisory Board Chair, will accept the proclamation. F Page 331 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Mayor Penserga read the proclamation into the record. Ms. Watson accepted the proclamation along with the Senior Advisory Board. She gave some information about the Senior Advisory Board and what they do. She asked everyone to do something special for seniors. Each member introduced themselves and their position on the Board. E. Recognizing 12U Baseball Team Mayor Penserga read the recognition into the record. The Team accepted the certificate and took at group photo. Justin Ziken, Team Coach, stated that he is proud of the kids, and it was a team effort. He thanked his Assistant Coaches and the City for their support. 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) Mayor Penserga stated that they will have the PBSO item right after public audience, so those comments can be at that time. Danny Ferrell, 4414 Roundtable Court, congratulated the Police Chief. He addressed the speeding issue in the City and stated that there were a lot of citations on the first day of school and stated that fines should be more extensive. Donald Tarka said that we should consider someone local for a City Manager. He said also stated that he was shot with a BB gun on April 14, 2022, and nothing has been done since then, even though the Police Department has all of the information regarding this issue. He stated that political signs are being vandalized and that Community Standards pulled one of the signs from his yard. Keith Feit spoke about education and the school board election that is coming up in August. He commented about the different school rules that have been changed in different states. Herb Suss stated that he is still a part of the Hurricane Response Team. He said that when he makes a call to his Commissioner, he expects a return call. Gregory Hartman,1083 Southwest Place, spoke about the City Manager search, and stated that we should stay local, and he recommended Dan Dugger. He spoke about the Pirate Fest and said that he is disappointed that it is not coming this year, and he would 3 Page 332 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 like to see it come back Gloria Goolsby, 327 Boynton Beach Circle, spoke about the mental health community, and said that she needs support to serve the community. Susan Oyer, 147 Southeast 27th Way, expressed disappointment that the Commission and the CRA did not successfully secure Pirate Fest this year. She noted that the City should have budgeted for it. She also stated that the City should send out monthly reminders and changes in City rules of things that are allowed and not allowed. She said that she hopes Vice Mayor Cruz is feeling better. Bryce Graham spoke about the SJ case. He spoke about the firing of the previous City Manager and said that the current City Manager is not qualified to run the City. Cindy Falco DiCorrado spoke about street trash pickup. She commented on the LGBTQ flag that was painted in the middle of the road, that has been repainted three times. She mentioned the regular agenda item and not being allowed to talk about the PBSO issue at the last meeting. She also spoke about the City Manager search. She asked when they are getting a park in Forest Park. Brenda Williams, 337 Northeast 24th Avenue, spoke about the cemetery expansion and the ballfield next door. She stated that we have dropped the ball because there is nowhere to bury Boynton Beach residents. John Dame, PO Box 713, spoke about the issue that happened a few weeks ago in the Chambers, and also about the SJ case. Bernard Wright commended Commissioner Hay on what he said on the news. He stated that they have not been getting responses on anything. He stated that we need a citizen referendum to vote on the PBSO issue. He stated that Commissioner Kelley shouldn't have the right to vote, even if the Ethics Commission said she could. Ernest Mignoli, 710 Northeast 4th Street, Unit 407, spoke about the SJ case and stated that he has spent a lot of time with different agencies in regard to the investigation. Virtual Comments: David Katz suggested Commissioner Kelley proceed with caution when voting on the PBSO item. He stated that the Mayor has refused to return phone calls and emails. Pernell Davis thanked the Police Department for the SJ proclamation and how the cops interacted with kids and helping with parking. He stated that the family appreciates the love and support that they received that day. He mentioned that Officers should always be present at the games so that nothing happens. Michael Shimrocco thanked Commissioner Turkin for clearing out the sidewalks out for the kids to be able to walk to school. Page 333 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 10. Unfinished Business B. Discuss proposal from Palm Beach County Sheriffs 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. Mayor Penserga commented on the pension liabilities that makes the merger financially unfeasible at this time. He thanked the Palm Beach Sheriff's Office and City Staff for their hard work on looking into the facts. He stated that he does not believe it is in the best interest of the City to move forward at this time and asked for a motion to discontinue discussion with PBSO for law enforcement services. Motion Commissioner Hay moved to end talks with PBSO. Vice Mayor Cruz seconded the motion. Commissioner Turkin thanked everyone involved and thanked the public. He spoke about supporting the Police Officers and asked what support they need. Interim City Manager Stables stated that he has been in talks with Chief DeGiulio about reorganization and they are looking at deficiencies, and how to create efficiencies. Chief DeGiulio stated that there is a plan in place, and they need to focus on staffing. He stated that they have plans in place to do high recruiting efforts. He stated that part of the retention is developing programs to keep employees, and that they need support with that effort. Commissioner Turkin thanked the Chief and all of the officers. Commissioner Kelley stated that we have to fix this, and that this proposal showed what our department really needs. She urged that if there are funds to get the job done, then that is what we need to do. She asked Chief DeGiulio what they can do as a Commission. Chief DeGiulio stated that 169 staff would be an ideal number of Officers. He said that we need to work on communications and funding for that. He mentioned that they had some funds in their budget that they want to reallocate. Commissioner Hay stated that the people have spoken and that he is sorry it took so long. He said that he is happy they are now headed in the right direction, and they need to do the homework quickly in the future, so that they do not spend a lot of time and money on these efforts, especially since they have done this before. Page 334 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Vice Mayor Cruz stated that she is happy that we will have a Police Department of over 100 years, and that we need to help support our Police Department at all times. She thanked the Officers for what they do. Mayor Penserga stated that we cannot support our Police Department if we are not honest about the deficiencies and challenges that they are having. He said that as public policy makers, it is their responsibility to get all of the facts before moving forward. Public Comments: Herb Suss stated that he was in the military, and he is pro -police. He stated that this Commission is in fault in one area in that they should have taken a small portion of the millage rate to cover the cost. He said the people should be able to vote on all items. Susan Oyer stated heck no to PBSO. She said that there were covert meetings before this issue. She stated that they need the CRA Officers back. She spoke about the pension being an issue and maybe there should be an outside group coming in and researching options for the City. She mentioned that this should go on a referendum. She thanked Commissioner Hay for standing up against the PBSO the whole time and said we should bring the Police Explorers back. Steven Homerage, 690 Northeast 15th Place, said that he is happy about this decision because when something happens in the City, the response is quick. Cindy Falco DiCorrado spoke about the Officers being trained, and the Police Department needs to be reformed. She stated that the Officers do not know the Constitution since they are swearing to uphold the Constitution. She mentioned that the Commissioners are here for the people. Ben Klein thanked the Commissioners for reaching this decision although he thinks that it is not for the right reasons. He stated that we need to invest money into the Police Department, because no Officer should think that they would rather work for the County because it is a better place to work. David Wiggins stated that he is concerned because although they voted down PBSO, he is concerned about the community support. He said that they are not against the Police Department, they are against Police brutality. He commented that the community is asking to not to live in fear. Richard Dames stated that it is good to hear that they did not go with PBSO, and that he is concerned that they did not go with the proposal for the wrong reasons. He asked for a Town Hall meeting regarding the topic. He spoke about a voter alliance. Christy Ward said that when people say "at this time" it actually means that they are Page 335 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 looking for something else. She stated that the City needs to go on a diet and use the money for something else within the City. She commented that the Commissioners are not listening, and not following through with what they said when they ran for their seats. She said that they do not have a problem getting behind the Police Department, they just want to make sure that they are not attacked for their skin color. Rick Nocar, 348 Boynton Circle, expressed concern about buses being passed when they are stopped. He suggested getting speed cameras, and stated that Police Officers are being pulled off of the road to do other jobs. Ramona Young stated that she is disappointed in all of the Commissioners, except Commissioner Hay, because they did not stand up against this. She commented that Commissioner Turkin's email response to her was unacceptable. She mentioned that everyone has biases, and that she is seeing more racism now. She said that Police Officers need to be able to diffuse after every shift, and they should have a therapist 24/7. Mark Karageorge spoke about working with our Police and said that our Police are the best. He stated that he is happy that Chief DeGiulio is the Chief now, and that he will make the Police Department better. He spoke about what the residents want in the City. He stated that pension needs to be reformed, and that we have good Police and it has been difficult to get rid of bad Police. Bernard Wright stated that we need to fix our Police Department. He stated that we need to call out the Officers that are a concern. He spoke about Mayor Penserga running under the name Ty. He commented about getting responses to the residents of Boynton Beach. Bryce Graham spoke about the community voicing their opinions about PBSO, and that this should not come up again. He stated that the BBPD can be cleaned up, and there should be community forums and events with the Community and the Police Department. Stanley Davis stated that we had engagement with the community, and it was supposed to continue to happen and it has not happened. He said that we need to put the right Police Officers in the right position, that if they are not right for the area, they need to be moved to another area. He mentioned that moving forward, we are going to be a better Boynton Beach, and that we need to continue to have community meetings. Wesley (no last name given) stated that there are too many hands in the cookie pot. He said at the end of the day, we need to stop playing the Commissioners' own agenda. He mentioned that there are no checks and balances with the Commissioners, and that they do not want this to come up on an agenda again. Barbara Ready stated that we are a multi -generational community, and that people are watching what they are doing. She said that their vote matters. Harry Woodworth, 685 Northeast 15th Place, thanked the Commission for coming to this Page 336 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 conclusion, since it did not make any sense. He said that public safety is a priority for everyone in the community. He stated that he would like to see that the community is included in these types of talks. Evangeline Ward stated that she has heard a lot of knowledge tonight. She spoke about the history of Boynton Beach, and always having the spirit of unity. She commented about communication and the Commissioners not returning emails. Willie Akins, 726 Northeast 1St Street, stated that he has heard a lot of things today, and this conversation happened in 2012 as well. He spoke about the Neighborhood Police Program, which is the best program in the country. He said that we need to put money in the Police Department. He mentioned that we need to get people who are doing something and standing out, and this does not need to come up anymore. Carol Porter spoke about a Citizen's Advisory Board and asked for answers for SJ's family. She said that she is happy that we have our own Police Department. Ernest Mignoli, 710 Northeast 4t" Street, Unit 407, spoke about issues in the City, taking the focus off of the SJ case with the PBSO proposal. He stated that we are connected with all issues in the country. He spoke about requiring vaccination and testing here. He said the command is out of control. Virtual Comments: Annette Gray said this is a good opportunity to talk about collaboration. She spoke about positive things that some of the Officers have done for the community. Michael Trempco spoke about the City Engineer that needs to be fired regarding traffic calming. Ray Whitely thanked the people who stayed the course and stayed focused on their disapproval on going this way. He stated that it should be celebrated that we come together as a community for a common purpose. He asked if they are willing to make the same commitment to the Boynton Beach Police Department that they were going to do with PBSO. He said that we need to get to work to make the community what it needs to be. Sheila Jo Gaines addressed the budget and spoke about building a top-of-the-line Boynton Beach Police Department facility but cannot get the right equipment for them. She applauded Commissioner Hay for being against it. Mayor Penserga stated that the motion is to discontinue discussions with PBSO. In a roll call vote, the motion passed unanimously. Page 337 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Mayor Penserga called for a 15 -minute break at 8:35 P.M. Mayor reconvened the meeting at 9:04 P.M. 5. Administrative - None 6. Consent Agenda 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 . ollowing: 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 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. p Page 338 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 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. Motion: Commissioner Turkin moved to approve the consent agenda. Commissioner Hay seconded the motion. The motion passed unanimously. 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/IT which 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 10 Page 339 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 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 Commissioner Kelley requested to pull Item 7A. Motion: Commissioner Turkin moved to approve the Consent Bids and Purchases over $100,000 with removal of 7A. Vice Mayor Cruz seconded the motion. The motion passed unanimously. V/_11 Director of Public Works Mario Guzman spoke about the furnishing that he is replacing and what he is replacing it with. Commissioner Kelley stated that she pulled the item because she got an email from a constituent about it, and she wanted to go over why we are doing it now and also why we would not piecemeal changing out furnishings. She wanted him to speak about the life expectancy of the new products, and timing of these changes. Mr. Guzman stated that it is an effort to not have any mismatched furnishings. He spoke about the warranty on the products and their plan to move forward with all of the parks in the City. Commissioner Kelley asked how often the salt deteriorates the equipment and their life expectancy. Mr. Guzman responded that it is a minimum of 10 years. Commissioner Kelley asked if this is a sole source vendor Page 340 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Mr. Guzman replied yes. Motion Commissioner Turkin moved to approve 7A. Commissioner Kelley 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. 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. Finance Director Mara Frederiksen presented on the following: Community Development Block Grant (CDBG) explained; CDBG 3 National Objectives; CDBG 5 major categories for fund uses; CDBG Pubic Services Activities FY 2017-2021; CDBG Housing Rehab Activities FY 2017-2021; Options for Leftover/Rollover Funds: $1,072,040.00; and Questions. Mayor Penserga asked if there is some flexibility. Ms. Frederiksen responded yes, there are some flexibilities, and explained where there are flexibilities in the allocations. Vice Mayor Cruz asked about supportive housing. Ms. Frederiksen stated that it is a partnership to rehab a multi -unit building to rehabilitate for low-income housing. Mayor Penserga asked about micro -enterprising and if it is successful. Ms. Frederiksen stated that it is an option, and we have not worked with them in the past. Commissioner Hay asked about the Hester Center improvements and what they are for. Ms. Frederiksen replied that it was to replace the playground equipment. 12 Page 341 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Mr. Guzman stated that it is to install a sunshade over the playground. He said it would also be to get to artificial turf and resurfacing the tennis courts. Commissioner Hay asked about the senior rental program. RJ Ramirez, Community Improvement Manager introduced Keturah Joseph, Executive Director of the Boynton Beach Faith Based Community Development Corporation. Ms. Joseph explained what the rehabilitation would be for, and said that it is for seniors, who are being hit the hardest. Commissioner Hay explained how seniors are moving out of their homes because they cannot afford it. Mayor Penserga stated that all of these projects are good, and we need to make a priority list. He said that in addition to senior programs, he is looking into solar panels to save the City money and mentioned that it would be good for the environment. Vice Mayor Cruz stated that she wants to focus on owner occupied rehabs, mainly for seniors. She said that they want to keep people here in Boynton Beach. She asked if the shade area for the park could include solar panels. Mr. Guzman explained what the shade is made of and why it cannot be a solar panel since they have to take it down for hurricanes. Ms. Frederiksen clarified the three items that they want to have considered, which will cover the entire amount. Vice Mayor Cruz stated that sometimes we do not hear about these items again and asked for communication and follow-up. Ms. Frederiksen stated that they will be doing marketing, and that some items will be coming back to the Commission. Mayor asked if a presentation will be coming back regarding solar panels. Ms. Frederiksen said that they could. Commissioner Kelley concurred with decisions made and asked if these are just estimates that were provided. Ms. Frederiksen explained what the estimates are, and advertising rules. There was consensus on proceeding with the three priority items: owner -occupied housing, Hester Center solar panels, and the senior rental housing program. Motion 13 Page 342 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Vice Mayor Cruz moved to approve Resolution 22-099. Commissioner Hay seconded the motion. The motion passed unanimously. B. 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. Mayor Penserga stated that he asked the Commissioners to come to the meeting with their top 5 candidates and narrow them to the top 3, and they will do their best to come up with the top candidates. Commissioner Kelley stated that she had a concern, because there are several people who are employed and if their names are out there, this could get back to their current employer. City Attorney Cirullo stated that the process is public, and the names are public, and they understand the nature of the business, and there is no way to protect their identities. Vice Mayor Cruz stated that there were applicants that specifically asked that their names not be publicly out there and put their jobs at risk. Commissioner Hay stated that the problem would be getting down to the bottom two or three, and then have the bottom ones publicly named. City Attorney Cirullo explained the conflict and having transparency in public. Mayor Penserga stated that he would like to think that the applicants understand this, and they have agreed to some risk, because they applied for this position. He said that he would like to hear what the top candidates are for each Commissioner. Commissioner Hay said in no particular order: Chris Russo, Robert Cunrow, James Stables, Joshua Ray, Patrick Marsh. Vice Mayor Cruz named Christopher Russo, James Stables, and Daniel Dugger. Commissioner Turkin named Robert Cunrow, Don King, James Drumm, James Stables, and Daniel Dugger. Commissioner Kelley named Robert Cunrow, Nikki Carpinito, Jason Davis, Daniel Dugger, and James Stables. Mayor Penserga named James Stables, Daniel Dugger, Robert Cunrow, Leonard Sossamon, and Don King. Mayor Penserga tallied the results: Cunrow (4); Stables (5); Dugger (4) as the Top 3. He stated that he would like to meet with them and interview them. 14 Page 343 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Public Comment: Herb Suss stated that this should never have happened. He said that Lori was one of the best City Managers we ever had, and that there was an issue with the City Manager and with an individual on the dais. Susan Oyer stated that they should be looking for people with experience as a City Manager and a degree in this field. She said that only one person is qualified and she hopes that they make the right choice. She said that the residents deserve the best. Harry Woodworth stated that he has looked at the list extensively and that we need an executive leadership that people will follow. He asked them to hire executive level talent and get help with it. Jack Ripley stated that he is talking for the general employees needing the situation to stabilize and give them the assurance that they need, to do their day to day work. He stated that the morale has been impacted, and that this CEO will be key to anchoring the work that needs to be done. He commented about the process moving forward being transparent and inclusive. Barbara Ready stated that of the top 3, there are two she can understand and one she is shocked because that person is not qualified. She stated that she would like to file a Public Records Request because she does not like surprises. She explained what her and other residents picked out of the list of names that were submitted. She said that it would have been worth the money to hire a headhunter. Virtual Comments: David Katz stated that Dan Dugger should not be on the list and explained why it is a conflict. He stated that the other two are more qualified, and not politically motivated. Mayor Penserga asked if there was consensus to move forward with those three. He said that he plans to interview each individual. Commissioner Turkin said he interviewed them already and two are on the top of the list. Commissioner Kelley, Commissioner Hay, and Vice Mayor Cruz said they all need the opportunity to interview the candidates. Mayor Penserga stated that if they need to expand or change the list, that is the authority of the Commission. He will reach out to HR to set up interviews. City Attorney Cirullo asked if the consensus was to bring the item back to the September 8 meeting. Vice Mayor Cruz recommended holding a Special Meeting and not during the budget meeting. 15 Page 344 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Commissioner Hay said it should not be long budget meeting since they already drilled it down. Commissioner Turkin said that if we hold a special Commission Meeting, he has Military Orders and will not be present from August 21 — September 3. He would like to attend online if possible. He thanked Dan Dugger for his military service. There was discussion regarding dates and the Commission agreed to tentatively schedule a Special meeting on August 30th at 6:30 P.M. Vice Mayor Cruz asked if additional items can be added to this Special Meeting agenda. Mayor Penserga prefers that we focus on the City Manager item only during the Special Meeting. City Attorney Cirullo said any additional agenda items would need to be a part of the Special Meeting notice. Public Comment: Gloria Goolsby thanked Commissioner Turkin for his military service, and said that they are not there about military, they are there for the City. Susan Oyer she said that she is pro -military, but this has nothing to do with him applying as City Manager. She asked if we there is any kind of rule on the selection timeline and whether the residents can meet them first. Bernard Wright commended the military but noted that Mr. Dugger is not qualified based off of evidence. He said that they spoke about the facts and are not bashing him. He said that Commissioner Turkin ran on an agenda. Herb Suss stated that they should not make a mistake again about the City Manager. He said that they have a right to meet the manager. Ben Klein said that they need to avoid choosing people who are only available, and that we need to look for the right person. Mayor Penserga stated that they have received applications from all over the place, and they chose not to use a headhunter. Harry Woodworth explained that the best people do not respond to advertisements, and headhunters usually know who would be better for the job. Virtual Comments — None. Mayor Penserga stated that there will be public participation, but he would like to interview them first. 16 Page 345 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 Mildred Hay stated that the Commissioners do not have a lot of experience, and they are searching for a City Manager. She said that the City Manager that they pick needs experience, and so do the Commissioners. She mentioned that they should not have someone on the list that has no qualifications. She said that they are too much in a hurry. She mentioned that Lori knew what she was doing, and she said she is scared about their decision. She said that she does not want to lose the employees that have stuck around. Commissioner Hay commended his wife for speaking up and said that he does have a concern. He said that he hopes the City is not heading in the direction of a strong Mayor form of government, which he could see happen. He explained about the concern with qualifications. Mayor Penserga said that it sounds like an accusation, but he has respect for Commissioner Hay. He said that there will be public participation. 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. Vice Mayor Cruz moved to table this item. Commissioner Hay seconded the motion. The motion passed unanimously. B. Discussion on Advisory Boards providing a report to the City Commission, requested by Commissioner Kelley. Commissioner Kelley stated that she spoke with staff about this topic while staff gathers information on this, so she would like to table this. Commissioner Kelley moved to table to the October 4 meeting. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 12. Legal- None City Attorney Cirullo read the request for the closed -door session with JKM. He noted that they would coordinate a date with the City Clerk's Office and issue a public notice. 13. Future Agenda Items 17 Page 346 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 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 I. Commission discussion on staff research of legal options to help mitigate rental prices and tenant rights, requested by Mayor Penserga - October 18, 2022 J. Additional homestead for low income seniors, requested by Mayor Penserga - October 18, 2022 K. Draft Ordinance on Civility & Decorum - October 18, 2022 Interim City Manager Stables stated that we have dates but if we need clarity, we will get it from the requesting Commissioner. 14. Adjournment Commissioner Hay moved to adjourn the meeting. Vice Mayor Cruz seconded the motion. The motion passed unanimously. 18 Page 347 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL August 16, 2022 There being no further business to discuss, the meeting was adjourned at 10:41 P.M. CITY OF BOYNTON BEACH ATTEST: Maylee De Jesus, MPA, MMC Ty Penserga City Clerk Mayor (Corporate Seal) 19 APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney Page 348 of 1018 7.A. Requested Action by Commission: Approve Task Order 144 with Atlantic Southern Paving and Sealcoating in the amount of $166,570 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) BI D No. PW E22-008, awarded by City Commission on April 5, 2022, to install traffic calming in Forest Park. Explanation of Request: Staff has been working with the Forest Park Community to address speeding on the City owned community streets. Staff initiated a neighborhood wide study that was designed to determine the efficacy of various traffic calming measures. As permanent traffic calming can be expensive and ineffective, the study allowed staff to install temporary measures at an inexpensive manner at various locations to determine if the chosen locations were effective in reducing driver speeds. After the temporary speed bumps were installed, Staff completed traffic studies and confirmed the effective locations. Not all areas that had temporary traffic calming installed were effective. With this project the temporary traffic calming will be removed by staff and up to 40 speed humps will be installed in phases. The proposals the City received, in accordance with PW E22-08, for this work were: Atlantic Southern $ 166,570.00 All County $ 199,816.00 Staff recommends Atlantic Southern in the amount of $166,570.00 How will this affect city programs or services? This work will allow staff to have up to 40 traffic calming speed humps installed on the City roads in the Forest Park community. Temporary calming measures were installed and demonstrated that the proposed installations will function as intended. Fiscal Impact: The project will be funded from the Sales Tax Street Maintenance Funds (303-4905-580.63-08, CP0266). Alternatives: Commission could reject or postpone the project. If these options were selected, then the temporary traffic calming in place would remain. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 349 of 1018 Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description AttachirTIE)lllt 1 Ataintic SOLAChENrin's Fliroposa�� AttachirTIE)lllt 2 Al COL.All'Ity'S Fliroposal� AttachirTIE)lllt 3 S PE)Ed I 1L.Airnp I ocaboin li ap North AttachirTIE)lllt 4 S PE)Ed I 1L.Airnp I ocaboin li ap SOUlth Page 350 of 1018 Forest Park Traffic Calming 2 Proposal City Of Boynton Beach Public Works Carl Frumenti Project: Forest Park Traffic Calming 2 SW 6th Ave Boynton Beach, FL 33435 ATLANTICS0 UTHE RN PAViN G )'kNiD S E,Pf� L C, Q,A'IfIN���� Rich Atzert Account Manager Page 1 Page 351 of 1018 Your Pavement Contractor Company Info Contact Person AT'LANT'IICSOUTHERN PAVHf G ANI)SiFAiCOA:riNG Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise, Florida 33313 P: 954-581-5805 F: 954-581-0465 hftp://www.atianticsouthernpaving.com About Us Rich Atzert Account Manager Rich@atianticsouthernpaving.com Cell: 954-299-6114 Office 954-581-5805 We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK FDOT Peitied ('-Pant 11tar Page 2 Page 352 of 1018 Proposal: Forest Park Traffic Calming 2 WT1"TICsOALWMMG MOT 1. Item 20 - Flagmen 240 hours @ $26.25 per hour $6,300.00 2. Item 4 - Type I barricades 30 @ $9.00 each $270.00 Total Price: $6,570.00 Speed Hump 1. Item 97 - speed humps 40 @ $4,000.00 each Total Price: $160,000.00 NOTES It is estimated that we will be allowed to complete four humps per day with a total of twelve days. The MOT cost will change if we are limited to less and additional days are required. Page 3 Page 353 of 1018 Price Breakdown: Forest Park Traffic Calming 2 WT1NTICSOALCOMRG Please find the following breakdown of all services we have provided in this proposal. This proposal originated on May 20, 2022. Item Description 1. MOT 2. Speed Hump Total: Authorization to Proceed & Contract Cost $6,570.00 $160,000.00 $166,570.00 The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed, this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. The parties also acknowledge that the time for performance of the work may be impacted by market conditions beyond contractor's control in which event the contract time shall be extended. Please see all attachments for special conditions that may pertain to aspects of this project. This price of this contract is based upon completion of the work within thirty days from the date hereof, thus the price is good for a period of up to 30 days from the date listed herein. If the work is not completed within thirty days, and the contractor experiences price increases for materials in excess of those upon which the price of this contract were based as of the date hereof, the contract price shall be increased by the amount of the documented price increase. Acceptance We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date: Carl Frumenti I Project Manager Rich Atzert I Account Manager City Of Boynton Beach Public Works Atlantic Southern Paving and Sealcoating 222 NE 9th Ave 6301 West Sunrise Blvd Boynton Beach, FL 33435 Sunrise, Florida 33313 frumentic@bbfl.us E: Rich@atianticsouthempaving.com C: 561-512-4408 C: 954-299-6114 0: 561-512-4408 P: 954-581-5805 F: 954-581-0465 hftp://www.atianticsouthempaving.com Page 4 Page 354 of 1018 Forest Park Speed Humps Misc Locations Boynton Beach,FL 33435 Aug 1, 2022 ADVANCED MOT: 1. Set up advanced MOT to include lane closures, flagman, and signage. 40SPEED HUMPS PER CITY OF BOYNTON BEACH DETAIL: 1. Clean areas where speed humps are to be installed. 2. Tack area with a DOT approved primer tack. 3. Install speed humps 12 feet wide + or -, by 4 inches high + or -, by the length of the roadway using hot plant mixed asphalt, type S -III. 4. Roll and compact the newly installed speed humps.. 5. Haul away any related debris. THERMOPLASTIC PAVEMENT MARKINGS 1. Clear away loose dirt and debris. 2. Pour thermoplastic road marking materials to include:white chevrons. 3. Thermoplastic will be applied at a rate of 90 wet mils. 4. Glass beads will be incorporated in the material for retro -reflectivity. 'Project bid with typical industry and municipal standards. City specifications, permit and code requirements are subject to change without notice INSTALL NEW SIGNAGE AND/OR POSTS: 1. Install New Signs described below: a. (80) Speed Hump Signs on Single Post b. (80) Speed Hump Ahead & 15 MPH Signs on Single Post 2. Haul away any related debris. 'Project bid with typical industry and municipal standards. City specifications, permit and code requirements are subject to change without notice. ,ITEM NO. UNITJ UNIT PRICE UNIT PRICE 5 Type 11 Barricade per IFIDOT Standard Index No 1,02-600 Provide for project duration up to 14 days EA 10,00 $ 5.00 $ 5.000.00 7 Type III Barricade per FD0,T Standard Index No 102-600 Provide for pmjecl duration up to 14 day's EA 200 $ 800 $ 1.600.00 20 MOT Certified Flagman (per person) HR 210 $ 48.00 $ 1008000 97 Speed Hump, (CB,B std Det P'-26) EA 4,0 27500-00 $ 100.000.00 108 Thermo Plastic (White, Solid 12") LF 2000 $ 4.56 $ 9j2000 123 Single Post Sign (up to 36" x 313"), EA 80 $ 34200 $ 27,360.O0 124 Single Post, two signs (up, to, 36" x 36") EA 80 $ 558.00 $ 4464000 129 Traffic Paint (all widths, all colors) SF 1120 $ 180 $ 201600 TOTAL ................... $ 199,816.00 (sl 11 4l >1 1y r.ri �.. 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F / ).f. f5Pi:6lj 011141vi Billing Company & Contact Name: Billing Street Address: Billing City, State, Zip: Billing Phone Number: Billing Contact E-mail We propose to furnish the material and perform the labor necessary for the completion of project in accordance to specifications, and subject to conditions stated herein for the sum of: $ 199,816.00 'Customer to enter $0.00 if no options selected All Prices quoted are valid for 30 days from the date of this proposal. This proposal price is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday - Friday, excluding holidays. Additional fees will apply if work is required to be completed at night or on the weekends. Please contact your sales representative for details. ACCEPTED: Prices, specifications, terms, and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. We agree to pay the total sum or balance in full upon completion of this project. Payment will be made as outlined below. As Per Terms & Conditions of Purchase Order ❑ Select if email invoice is preferred Signature of Approval by Customer Printed Name & Title/Position Date CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation 1. All County needs suitable access to the work area, and if it is dependent upon, or in conjunction with the work of others, such work shall be performed and completed prior to arrival, so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am, unless otherwise agreed, to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as necessary. The Customer is financially responsible for towing ' services and any created delays. If any cars are left on the area of work, All County Paving cannot beheld responsible for any damage to the vehicle. 4. All County Paving will not be responsible for persons entering the work area, tracking of materials or paint, or any damages to cars or persons trespassing in the designated areas. 5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival. 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project. The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely. 7. Suspend lawn cutting during the work period. 8. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas. 9. Dumpsters in the scheduled area must be removed or moved to another area. Dumpsters not moved, will be subject to additional fees. Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has properly cured. 2. Large cracks in the existing asphalt may reflect through the new asphalt in time. 3. There will be a tire 'tracking' -this cannot be avoided, but the tracking marks will disappear in time. 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application. If sealcoat is desired later, All County Paving will be happy to quote you separately. 5. Sealcoating is not a crack filler. All existing cracks in the pavement will still be visible after sealcoating. 6. All County Paving cannot guarantee elimination of standing water. 7. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of (1) year, excluding normal wear & tear. 8. All County guarantees all workmanship and materials for up to (1) year, excluding normal wear & tear. Warranty starts at conclusion of work and is not valid until payment has been made in full. 9. A certificate of Insurance will be issued upon request prior to commencement of work. CONTRACT TERMS AND CONDITIONS 1. Our proposals are limited to include items only, anything not specifically included is excluded from contract. Any alteration or deviation from proposal specifications involving extra costs,will be executed only upon written orders, and will become an extra charge over and above the estimate. 2. The proposal or contract provided, including all stated terms and conditions, shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades. As such All County Paving makes no claim that ADA upgrades will meet any/all local,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits, All County Paving will coordinate the process and charge an Actual Permit & Procurement Fee of $495.00 per permit, plus actual cost of permit(s). Any additional work required by the permit(s) will be extra to the contract amount. 5. Any work performed by All County Paving which work is on public property, the (Client/Owner) agrees and understands that the project property which it owns shall be charged with all indebtedness here under. 6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys' fees and all costs of litigation from the other party, including appellate attorneys' fees. 7. All accounts past due will incur a finance charge of 18% per annum. 8. All County Paving reserves the right to withdraw the proposal at any time prior to the commencement of work should material price fluctuations rise significantly. 9. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 10. Any additional mobilizations for Paving will be billed at a rate of $5,500.00 each. 11. Any additional mobilizations for Sealcoating will be billed at a rate of $1,750.00 each. 12. Delays to All County Paving of a Maintenance Crew shall be paid at a rate of $200.00 per half hour and delays to All County Paving of a Paving and/or Milling Crew shall be paid at a rate of $350.00 per half hour willby the customer. 13. Any broken car stops will be replaced at an additional cost of $60.00 each. 14. There will be a charge of $47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility. 15. Due to the fluctuations in the petroleum markets, All County Paving impose a fuel surcharge. 16. Reflective Pavement Markers are excluded from the warranty. Any additional reflective pavement markers that are required by the city code will be an additional charge of $10.00 each to the contract amount. 17. All County Paving will not be responsible for damage to grass, sod, irrigation or any other underground utilities. Excavated materials will be left in the islands/landscaped areas. 18. All County Paving will not be responsible for unforeseen conditions that arise,they may result in additional costs to the customer. 19. All County guarantees its' sealer products against peeling or flaking of stable asphalt for a period of (1) year, excluding normal wear and tear. 20. Newly seal coated areas will be barricaded for 24-48 hours after project completion. It is the responsibility of the customer to keep the area clear to allow proper curing of the material. Failure to do so will void any warranty. 21. All County Paving guarantees all workmanship and materials for up to (1) year,excluding normal wear and tear. The warranty starts at the conclusion of work and is not valid until payment has been made in full. 22. All work is to be completed in a workmanlike manner according to standard practices. Our workers are covered by Workmen's Compensation Insurance. Customer must initial here that they have read and accept the above Terms & Conditions m s B 1/111/1 11"") RE t Av s w i 7,t. � f! 0 Page 361 of 1018 FI . ...... .... VA S B,/,"/, 12 , ,-,�dt:,WWOOlbrigh t Rd two R. ...... .... 3 !Il 0 S ll� , 2m, ISW II F') ?V thpA SWA "1301"Aye'" Wi6 0 S �341 9 22 S�3427 30 1 bri uh t Rpt p R s B 1/111/13 1 Page 362 of 1018 7.B. Requested Action by Commission: Proposed Resolution No. R22-123- Approve and authorize the Interim City Manager to sign the agreement, quote for the purchase, and installation of a fleet software, support, and integration with Asset Works LLC utilizing the Equalis Group LLC Contract #COG -2123A in the amount of $151,820. The contract satisfies the City's Procurement requirements. Explanation of Request: The Fleet Division is currently using an antiquated work order system that is over 20 years old and cannot run at the level of efficiency necessary to provide services. The Fleet Division recommends the purchase of the AssetWorks Fleet Management software to automate and modernize fleet maintenance, inventory, employee productivity and scheduling system. It will provide proficiency and increase the performance metrics of all fleet maintenance work. The implementation/purchase of the software will include: Licensing for 1 year Customer Access Integration Engine Work and Inventory Management Motor Pool and Reservations KPI /Dashboards Ad -Hoc Query Tool Reporting Module The subscription renewal cost is $45,000 per year up to five (5) years. How will this affect city programs or services? The system would allow Fleet Management to conduct business in a more effective and efficient manner and provide accurate costs, technician productivity, time tracking, data entry and retrieval along with reporting. These metrics will be used to budget Fleet Replacements accordingly. Fiscal Impact: The total amount of $151,820 is allocated within the current FY 21/22 Fleet Management operating account #501-2516-519-46-91. Alternatives: Not approve the purchase. Strategic Plan: High Performing Organization Strategic Plan Application: Allow department to provide reports on productivity, quality control, and effectiveness. Additionally, would allow for the organization to capture data, track, trend, and use these metrics for budgeting and data -driven decision making. Page 363 of 1018 Climate Action Application: Is this a grant? No Grant Amount: Contracts Vendor Name: Asset Works aka Equalis Group Start Date: End Date: Contract Value: Minority Owned Contractor?: No Extension Available?: Extension Explanation: Attachments: Type D IRE)S()ll LA ti 0 111 DAg ir'E�'E) rTIE) 111 t D QLAOtE)S D Cointract D AddE)indUlirn D AddE)indUlirn Description IRE)SCflUltioin approviing Agir'E)E)irT1E)1['1t with a: SE: Works forF::]b1E)t Softw,,.--.iir'E)PL.JrchaSE�' ASSE)t Works IMastE)r Saga S Agir'E)E)irT1E)1['1tIC:: oyintoin BE�,ach ASSE)t Works QLAOtE) ASSE)t Works EqUi4is (':)ir'0L.J1lP 1 1 .0 COOPE)rative, COLAIIIC,ill of Cointr,act:flC0(':)2123A ASSE)tWorks SOW 8494 ASSE)tWorksIC::: AM Saga S OrdE)r forF::]E)E)t Q 08494 4 Page 364 of 1018 I RESOLUTION NO. R22-123 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AN 4 AGREEMENT, QUOTE FOR THE PURCHASE, AND INSTALLATION OF 5 A FLEET SOFTWARE, SUPPORT, AND INTEGRATION WITH ASSET 6 WORKS LLC UTILIZING THE EQUALIS GROUP LLC CONTRACT 7 #COG -2123A IN THE AMOUNT OF $1S1,820; AND PROVIDING AN EFFECTIVE DATE. 8 WHEREAS, the City's Fleet Division is currently using an antiquated work order system 9 that is over 20 years old and cannot run at the level of efficiency necessary to provide services; 10 and 11 WHEREAS, the Fleet Division is requesting and recommends the purchase of the 12 AssetWorks Fleet Management software to automate and modernize the fleet maintenance, 13 inventory, employee productivity and scheduling system; and 14 WHEREAS, this system would allow Fleet Management to conduct business in a more 15 effective and efficient manner and provide accurate costs, technician productivity, time tracking, 16 data entry and retrieval along with reporting; and 17 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 18 recommendation of staff, deems it to be in the best interests of the City residents to approve and 19 authorize the City Manager to sign an Agreement, quote for the purchase, and installation of a 20 fleet software, support, and integration with Asset Works LLC utilizing the Equalis Group LLC 21 Contract #COG -2123A in the amount of $151,820. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 23 BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. Each Whereas clause set forth above is true and correct and incorporated 25 herein by this reference. 26 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 27 approve and authorize the City Manager to sign an Agreement, quote for the purchase, and 28 installation of a fleet software, support, and integration with Asset Works LLC utilizing the Equalis S:ACA\RESO\Agreements\Agreement With Assetworks For Fleet Software - Reso.Docx Page 365 of 1018 29 Group LLC Contract #COG -2123A in the amount of $151,820. A copy of which is attached hereto 30 as Exhibit "A". 31 Section 3. That this Resolution shall become effective immediately upon passage. 32 PASSED AND ADOPTED this day of September, 2022. 33 CITY OF BOYNTON BEACH, FLORIDA 34 35 YES NO 36 Mayor — Ty Penserga 37 38 Vice Mayor — Angela Cruz 39 40 Commissioner — Woodrow L. Hay 41 42 Commissioner — Thomas Turkin 43 44 Commissioner —Aimee Kelley 45 46 47 ATTEST: 48 49 50 Maylee De Jes6s, MPA, MMC 51 City Clerk 52 53 54 (Corporate Seal) 55 56 57 58 VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Agreement With Assetworks For Fleet Software - Reso.Docx Page 366 of 1018 1 011 ASSETWORKS The AssetWorks SaaS Master Agreement ("Agreement") is between the entity ("Customer') stated on the Order Form ("Order Form"), and AssetWorks Inc. ("AssetWorks"). It consists of the terms and conditions listed below, as well as the details on the Order Form (together, the "Agreement"). It is effective on the date this Agreement is signed by both parties ("Effective Date"). The Order Form is subject to the following terms and conditions unless Customer has a separate written and signed agreement with AssetWorks. Your right to use the products and services is conditioned upon acceptance of this Agreement. These terms shall apply to the products, software and services on the Order Form as applicable. 1. AGREEMENT OVERVIEW AssetWorks provides cloud based services through a Data Center ("Data Center') and provides associated services to support customers that wish to outsource the operation and maintenance of computer applications listed in the Order Form. This Agreement describes the services to be provided by AssetWorks ("Services") the respective responsibilities of the parties, the service level objectives ("SLOs"), and the problem management process. This Agreement incorporates the following Attachments that shall be considered an integral part of this Agreement: • Attachment 1 Scope of Services • Attachment 2 Service Level Objectives During the term of this Agreement, Customer is granted a non-exclusive, restricted license to use the Software in its own business. Customer has no right to use the Software in processing work for third parties. Use of the Software is subject to the license limitation as stated in the Order Form. Enterprise Pricing is based upon Customer's estimated asset count at the time of this Agreement. Pricing under this Agreement is subject to increase in the event Customer merges with another entity, is subject to a change in control or should Customer's asset count increase. 2. SERVICES AssetWorks will perform the services ("Services") as described in the Scope of Services, set forth in Attachment 1. The general scope of services addressed by this Agreement includes the operation, maintenance, and support of the: • Database software for the Applications hosted under this Agreement • Database security • Data Center server operation The scope of services specifically excludes operation and maintenance of the following: • Customer hardware, including Customer's servers, printers, network hardware (including routers and switches) and other Customer site computing equipment; • Customer application software other than noted in the Scope of Services; and • Customer Local Area Networks ("LAN") • Customer network infrastructure for connecting to the Internet and to the AssetWorks Data Center The Services shall be provided subject to the Terms and Conditions, which follow 3. TERM The Term of the Agreement shall commence as of the Effective Date and shall continue for five (5) years ("Initial Term") unless terminated earlier as set forth below. At the end of the Initial Term, the Agreement shall automatically renew for successive one-year terms unless or until either party provides the other party with written notice of non -renewal at least ninety (90) days prior to the end of the then current term. 4. FEES AND PAYMENT Customer shall pay AssetWorks the applicable fees as set forth in the Order Form. AssetWorks shall invoice Customer monthly, in advance, and all invoiced fees shall be due and payable within 30 days of the date of an invoice. Monthly invoices shall include charges defined in the Order Form. All payments shall be made in United States Dollars without deduction for any taxes or withholding or other offset. The pricing on the Order Form is based upon the quantities listed at the time of purchase. In the event that the number of licenses, assets or sites changes the pricing is subject to change. All payments shall be governed by the Local Government Prompt Payment Act, as set forth in Part VII, Chapter 218, Florida Statutes. Any amounts not paid when due will be subject to interest accrued at one percent (1%) per month, which interest will be immediately due and payable from the due date for payment until the date of actual receipt of the amount in cleared funds by AssetWorks. Interest payments that are accrued during billing disputes should be credited back to the Customer if said dispute is found to be through no fault of the Customer. A Customer will be considered delinquent if payment in full is not received forty-five (45) days from the date of the invoice. AssetWorks reserves the right to suspend or terminate this Agreement and/or Customer access to the Service if the Customer account becomes delinquent and is not cured within ten (10) days of notice to Customer by AssetWorks. Customer will continue to be charged and hereby agrees to pay for Service during any period of suspension. Customer's failure to pay any invoice after this ten (10) day period shall {00527877.1 306-9001821 ) Page 1 of 7 Page 367 of 1018 constitute a material default hereunder and shall entitle AssetWorks to exercise any and all rights and remedies provided herein or at law including a suspension of Services under the Agreement. If Customer or AssetWorks initiate termination under any provision of the Agreement, Customer will be obligated to pay the balance due on their account for the remainder of the Initial Term computed in accordance with the Order Form. Customer agrees that they may be billed for such unpaid fees. In the event of a dispute between the parties that does not result in a termination of the Agreement, Customer agrees to make all Monthly Service Fee payments due under the Agreement pending the resolution of the dispute. Upon termination for whatever reason and regardless of the nature of the default (if any), Customer agrees to pay AssetWorks in full for Services provided to Customer and all other amounts due under this Agreement within 30 days of the invoice date. 5. CUSTOMER RESPONSIBILITIES The Customer is responsible for: • Assigning a primary and alternate Customer representative (designated key personnel) to coordinate all communications and activities related to AssetWorks services. • Providing user identification data and determining the appropriate security profile for each user. Customer will control security at the Application level. • All printing. No print job will print at the Data Center and all physical printing requirements will be handled by the Customer. • The purchase and installation of printers at Customer's sites for the Application being utilized as defined in the Scope of Services. • Installation, operation and maintenance of all workstation software (and Customer's LAN, existing data communications configuration, hardware, or software required at the Customer's site except as otherwise stipulated in the Scope of Services. AssetWorks network and network responsibility extends from the AssetWorks routers at AssetWorks' sites to all connected equipment at AssetWorks' sites. • Testing updates and fixes applied by AssetWorks to Applications used by Customer. With the exception of emergency fixes, Customer will test updates and fixes prior to their introduction to the Production environment within a mutually agreed upon time frame. • Testing upgrades. Upgrades will be moved to production by the AssetWorks at the end of the Customer testing period unless specific problems are documented in writing to AssetWorks. • Diligent analysis of suspected problems to determine their specific nature and possible causes before calling the AssetWorks for assistance. Notwithstanding this diligence requirement, Customer is responsible for informing AssetWorks of any problems encountered in a timely manner. 6. OWNERSHIP OF SOFTWARE AND DATA Customer shall not obtain any ownership rights, title or interest in the software, hardware or systems developed or employed by AssetWorks in providing Services under the Agreement. AssetWorks shall not obtain any ownership rights, title or interest to Customer's data files. Upon expiration or termination of the Agreement for any reason, AssetWorks agrees to provide Customer with a copy of Customer's data files, as they exist at the date of expiration or termination or in another format mutually agreed upon by the Parties. 7. WARRANTY DISCLAIMER/LIMITATION OF LIABILITY Except as expressly set forth herein, AssetWorks disclaims all warranties relating to the services or deliverables provided hereunder, including but not limited to any warranty of fitness for a particular purpose or merchantability. AssetWorks shall not be liable for any punitive, indirect, incidental, special or consequential damages, including but not limited to lost data or lost revenues or profits, however arising, even if AssetWorks has been advised of the possibility of such damages. AssetWorks' liability for any and all damages (including attorneys' fees) arising from or relating to this Agreement (whether arising in breach of contract or warranty, tort, strict liability, statutory liability or otherwise) shall in no event exceed fees paid to AssetWorks under this Agreement during the previous 12 - month period. The parties acknowledge and agree to the foregoing liability risk allocation. Any claim by Customer against AssetWorks relating to this agreement must be made in writing and presented to AssetWorks within six (6) months after the date on which this Agreement expires or is otherwise terminated. 8. TERMINATION (i)FOR DEFAULT A Default shall occur if: (1) a party fails to perform any of its material obligations under the Agreement and such failure remains uncured for 30 days after receipt of written notice thereof; or (2) a party ceases to conduct business, becomes or is declared insolvent or bankrupt, is the subject of any proceeding relating to its liquidation or insolvency which is not dismissed within 90 days or makes an assignment for the benefit of creditors. If Default occurs, the non -defaulting party, in addition to any other rights available to it under law or equity, may withhold its performance hereunder, terminate Customer access to the Service, or may terminate the Agreement by written notice to the defaulting party. Unless otherwise provided in the Agreement, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. (ii) FOR CONVENIENCE This Agreement may be terminated by the City for convenience, upon thirty (30) days of written notice by the terminating party to the other party for such termination in which event AssetWorks shall be paid its compensation for professional services performed to the termination date, including services reasonably related to termination. If the Agreement is terminated for convenience, the City there will be no refund provided for the annual prepaid fees. {00527877.1 306-9001821 ) Page 2 of 7 Page 368 of 1018 9. GOVERNING LAW; VENUE This Agreement shall be governed and construed in accordance with the laws of the State of Florida without regard to choice of law principles. The parties agree that the sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and U.S. Federal courts in the State of Florida (Palm Beach County), and both parties consent to the jurisdiction of such courts and waive any objections regarding venue in such courts. 10. ASSIGNMENT Neither the Agreement nor any duties or obligations hereunder shall be assigned or transferred by either Party without the prior written approval of the non -assigning Party, approval may be withheld in the reasonable judgment of the non -assigning Party. Customer agrees that AssetWorks may assign its obligations in the event of a reorganization, but AssetWorks shall remain responsible for performance under the Agreement. All fees will remain intact as outlined in the Order Form throughout the Initial Term. 11. SEVERABILITY If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner. 12. ENTIRE AGREEMENT The Agreement and any schedules and exhibits thereto contain the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous proposals, discussions, agreements, understandings, commitments, representations of any kind, whether oral or written, relating to the subject matter hereof or the Services to be provided hereunder. 13. FORCE MAJEURE Neither party shall be liable for any failure of or delay in performance of its obligations (except for payment obligations) under this Agreement to the extent such failure or delay is due to acts of God, acts of a public enemy, fires, floods, power outages, wars, civil disturbances, sabotage, terrorism, accidents, insurrections, blockades, embargoes, storms, explosions, labor disputes (whether or not the employees' demands are reasonable and/or within the party's power to satisfy), failure of common carriers, Internet Service Providers (or ISPs), or other communication devices, acts of cyber criminals, terrorists or other criminals, acts of any governmental body (whether civil or military, foreign or domestic), failure or delay of third parties or governmental bodies from whom a party is obtaining or must obtain approvals, authorizations, licenses, franchises or permits, inability to obtain labor, materials, power, equipment, or transportation, or other circumstances beyond its reasonable control (collectively referred to herein as "Force Majeure Occurrences"). Any such delays shall not be a breach of or failure to perform this Agreement or any part thereof and the date on which the obligations hereunder are due to be fulfilled shall be extended for a period equal to the time lost as a result of such delays. Neither party shall be liable to the other for any liability claims, damages or other loss caused by or resulting from a Force Majeure Occurrence. 14. WAIVER No provision of the Agreement may be waived unless in writing, signed by both of the parties hereto. Waiver of default of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent default of such provision, nor shall a waiver of any one provision of the Agreement be deemed to be a waiver of any other provision. 15. AMENDMENTS, SUPPLEMENTS The Agreement may be amended or supplemented only by the mutual written consent of the parties' authorized representative(s). 16. BINDING EFFECT, BENEFITS The Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Notwithstanding anything contained in the Agreement to the contrary, nothing in the Agreement, expressed or implied, is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of the Agreement. 17. NOTICES All notices under the Agreement will be in writing and will be delivered by personal service, certified mail, postage prepaid, or overnight courier to such address as may be designated from time to time by the relevant party, which initially shall be the addresses set forth at the top of this Agreement. Any notice sent by certified mail will be deemed to have been given five (5) days after the date on which it is mailed. 18. HEADINGS The Section headings in the Agreement are inserted only as a matter of convenience, and in no way define, limit, or extend or interpret the scope of the Agreement or of any particular Article or Section. 19. AUTHORIZATION Each of the parties represents and warrants that the Agreement is a valid and binding obligation enforceable against it and that the representative executing the Agreement is duly authorized and empowered to sign the Agreement. 20. RELATIONSHIP OF PARTIES The relationship of the parties shall at all times be one of independent contractors. Nothing contained herein shall be construed as creating any agency, partnership or other form of joint enterprise between the parties. 21. CONFLICTING PROVISIONS This Agreement and the Order Form are intended to be read and construed in harmony with each other, but in the event any provision in any attachment conflicts with any provision of this Agreement, then the terms in this Agreement shall be deemed to control, and such {00527877.1 306-9001821 ) Page 3 of 7 Page 369 of 1018 conflicting provision to the extent it conflicts shall be deemed removed and replaced with the governing provision therein. Terms on a Customer invoice which are intended to add additional or conflicting terms to this Agreement are specifically rejected and do not become part of the Agreement unless incorporated herein. 22. COUNTERPARTS The Order Form and Agreement may be executed by hand or electronically, simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 23. COUNSEL By execution of the Order Form, each of the Parties acknowledges and agrees that it has had an opportunity to consult with legal counsel and that it knowingly and voluntarily waives any right to a trial by jury of any dispute pertaining to or relating in any way to the transactions contemplated by the Agreement, the provisions of any federal, state or local law, regulation or ordinance notwithstanding. 24. PUBLIC RECORDS The CUSTOMER is public agency subject to Chapter 119, Florida Statutes. AssetWorks shall comply with Florida's Public Records Law. Specifically, the ASSETWORKS shall: A. Keep and maintain public records required by the CUSTOMER to perform the service; B. Upon request from the CUSTOMER's custodian of public records, provide the CUSTOMER 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, ASSETWORKS shall destroy all copies of such confidential and exempt records remaining in its possession once the ASSETWORKS transfers the records in its possession to the CUSTOMER; and D. Upon completion of the contract, ASSETWORKS shall transfer to the CUSTOMER, at no cost to the CUSTOMER, all public records in ASSETWORKS's possession All records stored electronically by ASSETWORKS must be provided to the CUSTOMER, upon request from the CUSTOMER's custodian of public records, in a format that is compatible with the information technology systems of the CUSTOMER. IF ASSETWORKS HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO ASSETWORKS'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: MAYLEE DE JESUS, CITY CLERK 100 E. OCEAN AVE. BOYNTON BEACH, FLORIDA, 33435 561-742-6061 DEJESUSM@BBFL.US 24. SCRUTINIZED COMPANIES By execution of this Agreement, ASSETWORKS certifies that ASSETWORKS is not participating in a boycott of Israel. ASSETWORKS further certifies that ASSETWORKS 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 ASSETWORKS been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the CUSTOMER 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 CUSTOMER shall provide notice, in writing, to ASSETWORKS of the CUSTOMER's determination concerning the false certification. ASSETWORKS 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, ASSETWORKS 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 ASSETWORKS does not demonstrate that the CUSTOMER's determination of false certification was made in error then the CUSTOMER shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 25. E -VERIFY ASSETWORKS 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. {00527877.1 306-9001821 ) Page 4 of 7 Page 370 of 1018 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; ii. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the CUSTOMER 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. 27. ACCESS TO RECORDS. Upon request and reasonable notice, Customer shall have access and the right to examine any books, documents, accounting records, data, logs, reports and other records directly pertinent to AssetWork's performance pursuant to this Agreement during the term of the Agreement during normal business hours, until the expiration of three (3) years after final payment hereunder unless all records are transferred to Customer upon termination of Agreement. As required by Ch. 119, Florida Statutes, records related to the Agreement may be public records open for inspection unless an applicable exception applies and shall be retained pursuant to the State of Florida General Records Schedule GS1-SL. Such audit shall take place no more than once per year. 28. SOVEREIGN IMMUNITY. Nothing contained in the Agreement is intended nor shall be construed to waive Customer's rights and immunities under the common law or §768.28, Florida Statutes, as may be amended from time to time. AssetWorks Inc. Customer Name: Name: Title: Sign: Date: {00527877.1 306-9001821 ) Page 5 of 7 Title: Sign: Date: Page 371 of 1018 Attachment 1 - Scope of Services All of the services, functions, processes, and activities described below will be collectively described as the "Services" for purposes of this Agreement. Application Application refers to the software provided by AssetWorks pursuant to this Agreement. Support Software Support Software includes the operating system, utilities, database software, and all necessary licenses required to operate the Application and provided by AssetWorks as part of the Services. Hardware Server infrastructure. Database Instances AssetWorks will maintain a single Production Database instance. This Production Database will provide the daily, real-time transaction data to the Application users. In addition to the Production Database, AssetWorks will maintain one additional, non -production Database (Test). Upon request by Customer, AssetWorks will populate these additional Databases with Customer's Production data up to 4 times in any 12 month period at no additional cost. Backups Full database and incremental file system backups are taken each night and stored at an offsite facility. Backup data is retained for 14 days. Hours of System Operations The Application will be accessible and available to the Customer and capable of any and all normal operating functions 24 hours a day, seven days a week except for periods of Scheduled Maintenance and previously approved outages. AssetWorks will not be held responsible for inaccessibility arising from communications problems occurring anywhere beyond the AssetWorks side of the router resident at the Data Center, nor will these hours of unavailability be counted as unavailable. Data Center Maintenance AssetWorks will complete routine maintenance on the Application according to the published schedule. AssetWorks will publish schedules for subsequent years on its Customer Support web site. AssetWorks will provide at least 30 days notice to any changes in the schedule. If AssetWorks is required to perform additional maintenance outside of the Scheduled Maintenance window, it will notify the Customer in writing of its request. The Customer and the AssetWorks will mutually agree on the downtime, which will then be considered a period of Scheduled Maintenance. Application Maintenance 1. Correction of Deviations In the event that the Customer encounters an error and/or malfunction ("Deviation") in the Software, the Customer shall communicate the circumstances and any supporting information to AssetWorks. Upon receipt, AssetWorks will respond as follows: a. In the event that, in the mutual and reasonable opinion of AssetWorks and Customer, there exists a Deviation that does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the Deviation and distribute the correction in accordance with AssetWorks' normal Software revision schedule. b. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, there exists a Deviation that does constitute a serious impediment to the normal intended use of the Software, AssetWorks will take such steps as are required to correct the Deviation with all due dispatch. Corrections will be applied and distributed to the latest software release. AssetWorks will have no obligation to provide development support for an issue that can be resolved by Customer installing a revision to the software. 2. Software Revisions. The Software may be revised by AssetWorks as a result of the correction of Deviations and/or the release of upgrades or improvements or modifications designed to improve the performance of the Software and/or to increase the capabilities of the Software (hereafter "Revisions"). 3. Telephone Hotline Assistance AssetWorks shall make available technically qualified personnel to respond to all reasonable telephone requests, Monday through Friday, excluding State holidays, during normal business hours, that may be made by the Customer relating to the application and operation of the Software. At other times such personnel are available by beeper for emergencies. 4. Technical Literature AssetWorks shall make available to the Customer on line all technical literature that is considered by AssetWorks to be relevant to the Software and its use within the scope of Customer's operations. 5. Proper Use a. The Customer agrees that all reasonable effort shall be taken to ensure that neither the Software nor data files are misused. b. In the event that the Customer or its agents misuses the Software or data files, including, but not limited to, inserting, updating, deleting or otherwise modifying data through a means other than the Software, although AssetWorks is not obligated to correct such misuse, AssetWorks shall be entitled to attempt to correct the situation, if possible, at Customer's expense. {00527877.1 306-9001821 ) Page 6 of 7 Page 372 of 1018 C. In the event that diagnostic assistance is provided by AssetWorks, which, in the reasonable opinion of AssetWorks and the Customer, relates to problems not caused by a Deviation in the Software, such assistance shall be at the Customer's expense. Attachment 2 - Service Level Objectives This Service Level Agreement ("SLA") is intended to provide an understanding of the level of service to be delivered by AssetWorks for the Services specified in Attachment 1. The service levels set forth below apply to the Services provided by AssetWorks under the Agreement. AVAILABILITY AssetWorks will use commercially reasonable efforts to provide Services with an average of 99% Availability (as such term is hereinafter defined) for each quarter during the Term. For purposes of the Agreement, "Availability' during any quarter refers to an Authorized User's ability to log into the Application during such quarter, and will be calculated in accordance with the following formula: x=(y-z)/y*100 Where, "x" is the Availability of the Application during the quarter; "y° is the total number of hours in such quarter minus the number of hours during such quarter that the Customer is unable to log into the Application because of (a) regularly scheduled maintenance windows for the Application and for times in which Customer has been notified in writing (including e-mail) by AssetWorks in advance thereof; (b) a Force Majeure Event; (c) non-performance of hardware, software, ISP connections, and other equipment that is not provided by AssetWorks or certified by AssetWorks for use in conjunction with the Services (except as such non-performance is directly or indirectly caused by AssetWorks). "z° is the number of hours in such month during which the Customer is unable to log into the Application (other than for reasons set forth in the definition of "y" above); provided that AssetWorks has been notified or is otherwise aware (or reasonably should be aware) of Customer's inability to utilize the Application. FEE ADJUSTMENT In the event that AssetWorks does not meet the Availability levels set forth below, the amount of fees payable by Customer will be reduced as follows: In the event the average Availability for the Application is less than ninety nine percent (99%) during any two consecutive quarters, Customer will receive a credit to its account with AssetWorks of five percent (5%) of the amount of a quarter's aggregate Services Fees paid or payable by Customer to AssetWorks. AssetWorks' obligation to provide Customer with fee adjustments as set forth above is conditioned on Customer providing detailed written notice to AssetWorks of its contention that AssetWorks was unable to meet the applicable Availability levels. Upon receipt of such notice, AssetWorks shall have thirty (30) calendar days to investigate the contention. If, at the end of the thirty (30) calendar day period it is determined that AssetWorks did in fact fail to meet the applicable Availability levels, Customer will receive the appropriate credit to its account during the next invoice cycle. The remedies set forth in this Section of this Attachment shall be Customer's sole remedy and AssetWorks' entire liability in the event of a breach of this Attachment 2, including the failure of any Availability measurements to meet the thresholds set forth above. {00527877.1 306-9001821 ) Page 7 of 7 Page 373 of 1018 ORDER FORM AssetWorks LLC 998 Old Eagle School Road, Suite 1215 Wayne, PA 19087 Ship To City of Boynton Beach 222 NE 9th Avenue Boynton Beach, Florida 33435 United States guzmanm@bbfl.us Order #: Q-08494-3 Date: 03/21/2022 Expires On: 09/30/2022 Bill To City of Boynton Beach 222 NE 9th Avenue Boynton Beach, Florida 33435 United States Unless Customer has a separate written and signed agreement with AssetWorks, this Order Form is subject to the terms of the AssetWorks Online Master Agreement located at '7!!"r 2.://"ww " w ass t"wo"irlk p....cc�rr /t"c FIeet"/ which are hereby incorporated into this Order Form. Parties agree to be bound by those terms and conditions. Annual SaaS Subscription FeesQTY UNIT PRICE ANNUAL TOTAL EAM Standard Base License Asset Management Services not in Scope Capital Planning Services not • Asset Performance Assessment•• FunctionalityMapping - - not • MobileFocus Enterprise SuiteServices notScope Esri GIS Integration Services not • IBS HUB Integration Services not o . -- - Services not • Customerpe - tIntegrationServices Included •-• rk and Services Included Motor Pool Reservations Services Included KPI/Dashboards Ad-Hocoo Reporting Module*.. Custom• Maintenance 4 Integrations) Page 1 of 2 Page 374 of 1018 Professional Services for Fleet Implementation Project Management Services soon Line Total HIPM9 M44 SaaS Environment Setup Fee Description Project Kickoff & Orientation ANNUAL TOTAL System Setup Services onson.T;w;Tons "Is System Configuration Services SaaS Subscription Fee Billing Module Implementation Services Data Conversion Services soon HIPM9 M44 Fuel Master Fuel Integration I I I I I NONNI "Is Billing Module Output File Interface soon MWIT-To M44 Bi -Directional AW to Naviline Parts Request Naviline to AW - NFI Parts Issue Interface SONNINE09 M44 Testing Services Training Services onson.T;Y;Tons "Is Go Live Support Services Travel Costs — estimated, billed as incurred (2 trips) SENSE.T. I �44 I Total Cost Summary Description ANNUAL TOTAL Year One Total Cost SaaS Subscription Fee —Year 2 SaaS Subscription Fee —Year 3 SaaS Subscription Fee —Year 5 In the event Customer's business practices require that Customer issue a purchase order number prior to payment of any AssetWorks; invoices issued under this Agreement, then such purchase order number must be entered below. Customer's execution of the Order Form without designating a purchase order number shall be deemed Customer's acknowledgement that no purchase order number is required for payment of invoices hereunder. Purchase Order Number: Accepted byCustomer: Signature: Signature: Name (Print): Name (Print): Title: Title: Date: Date: Accepted by AssetWorks: Please sign and email toJohn Crane ot]ohn.onano@ossohworks.00nn. THANK YOU FOR YOUR BUSINESS! Page 2 of 2 Page 375 of 1018 This Agreement, # COG -2123A, entered into as of the first of September in the year of 2021. MASTER AGREEMENT between Cooperative Council of Governments 6001 Cochran Road, Suite 333 Cleveland, Ohio 44139 and AssetWorks LLC 998 Old Eagle School Rd Suite 1215 Wayne, Pennsylvania 19087 and Equalis Group LLC 5550 Granite Parkway, Suite 298 Plano, Texas 75024 Page 376 of 1018 Table of Contents SECTION1. RECITALS...........................................................................................................................1 SECTION 2. BUSINESS TERMS...........................................................................................................2 2.1. Appendices.....................................................................................................................................2 2.2. Terms in Appendices.........................................................................................................................2 2.3. Utilization of Products & Services........................................................... Error! Bookmark not defined. 2.4. Personnel & Equipment......................................................................................................................2 2.5. Rates & Charges..............................................................................................................................2 SECTION 3. TERMS & CONDITIONS..................................................................................................2 3.1. Independent Contractors..................................................................... Error! Bookmark not defined. 3.2. Operational Control............................................................................ Error! Bookmark not defined. 3.3. Technical Systems; Intellectual Property .................................................. Error! Bookmark not defined. 3.4. Confidentiality, ..................................................................................................................................2 3.5. Indemnification.................................................................................................................................3 3.6. Notice & Opportunity to Defend; Limitations & Thresholds...........................................................................5 3.7. AssetWorks Insurance.......................................................................................................................5 3.8. Termination Rights............................................................................................................................5 3.9. Effects of Termination........................................................................................................................6 3.10. Audit of AssetWorks..........................................................................................................................6 3.11. Force Maieure.................................................................................................................................6 3.12. Notices..........................................................................................................................................6 3.13. Waiver........................................................................................................................................... 7 3.14. Governing Law, Invalidity....................................................................................................................7 3.15. Modification.....................................................................................................................................7 3.16. Assignment.....................................................................................................................................7 3.17. No Third -Party Beneficiaries; Survival of Representations...........................................................................7 3.18. Entire Agreement..............................................................................................................................7 3.19. Execution in Counterparts...................................................................................................................7 3.20. Titles, Headings & Recitals..................................................................................................................7 3.21. Nondiscrimination & Intimidation...........................................................................................................8 APPENDIX A: TERM OF AGREEMENT; NOTICES............................................................................9 APPENDIX B: PRODUCTS & SERVICES; PRICING.......................................................................10 Page 377 of 1018 THIS MASTER COOPERATIVE PURCHASING AGREEMENT (this "Master Agreement"), effective as of September 1, 2021 (the "Effective Date"), is entered into by and between The Cooperative Council of Governments, Inc., an Ohio non-profit corporation organized as a regional council of governments under Chapter 167 of the Ohio Revised Code, with its principal place of business at 6001 Cochran Road, Suite 333, Cleveland, Ohio 44139 ("CCOG"), AssetWorks, LLC, a Delaware corporation with its principal place of business at 998 Old Eagle School Road, Suite 1215, Wayne, Pennsylvania 19087 ("AssetWorks"), and Equalis Group LLC, a Delaware limited liability company with its principal place of business at 5550 Granite Parkway, Suite 298, Plano, Texas 75024 ("Equalis"). Throughout this Master Agreement, CCOG, AssetWorks, and Equalis are referred to interchangeably as in the singular "Party" or in the plural "Parties." SECTION 1. RECITALS A. CCOG is a Council of Governments formed under Chapter 167 of the Ohio Revised Code and established for the purpose of (a) developing and implementing certain sound business practices and processes as shared services to be made available to its members, and (b) serving as a lead public agency (a "Lead Public Agency") for Equalis Group ("Equalis Group"), a national cooperative purchasing organization, by publicly procuring Master Agreements for products and services to be made available to current and prospective Equalis Group members ("Equalis Group Member" or "Member"). B. Equalis is the third -party procurement administrator for and duly authorized agent of CCOG, and in that role manages the procurement, marketing, sales, reporting, and financial activities of, for, and on behalf of CCOG at the direction and with the authorization of the CCOG Board of Directors. C. To the extent that the laws of a state, region, territory, and/or country permit, any public sector entity may join Equalis Group as a Member. The term "Public Sector Entities" includes, but is not limited to, political subdivisions, municipal corporations, counties, townships, villages, school districts, special districts, public institutions of higher education or training, units of government, state/regional/territorial agencies, state/regional/territorial governments, federal/national agencies, federal/national governments, and other entities receiving financial support from tax monies and/or public funds. D. Any organization that is exempt from federal income tax under Section 501(c)(3) of the IRS Code, and any other entity if permitted under the IRS Code and other applicable law, including for-profit companies, may also join Equalis Group as a Member. E. Equalis Group makes its Master Agreements available through groups and associations ("Association Partners") that contract with Equalis for the purpose of providing additional benefits to the members of such Association Partners. F. Members, Association Partners, and Association Partners' members are referred to throughout this Master Agreement as Equalis Group participants ("Equalis Group Participants"). G. CCOG issued request for proposal ("RFP") #COG -2123 dated May 21, 2021 for contracting on behalf of Equalis Group Participants for fleet related technology & software solutions ("Products & Services") and awarded a contract to AssetWorks as the lowest responsive and responsible bidder. H. AssetWorks desires to promote and expand its operations and increase the sales of its Products & Services to public sector, private sector, and non-profit organizations through Equalis Group. I. CCOG and Equalis agree to make the Products & Services from AssetWorks available to Equalis Group Participants and AssetWorks agrees to provide the same to Equalis Group Participants who purchase Products & Services ("Program Participants") subject to the terms of this Master Agreement, #COG -2123A. -1- Page 378 of 1018 NOW, THEREFORE, in consideration of the mutual promises contained herein, the Parties agree to the following terms and conditions: SECTION 2. BUSINESS TERMS 2.1. Appendices. AssetWorks agrees to provide Products & Services to Program Participants as may be agreed to by the Parties in accordance with the specific terms and conditions set forth in this Master Agreement and the appendices attached hereto and made a part of this Master Agreement (if one, an "Appendix" or more, "Appendices"). (i) Appendix A defines the Term of this Master Agreement and Addresses for Notices. (ii) Appendix B sets forth the Products & Services and pricing available to Program Participants under this Master Agreement. (iii) Appendix C sets forth the terms and conditions that will apply to the provision of Products & Services from AssetWorks by Program Participants. 2.2. Terms in Appendices. In all cases where the terms of this Master Agreement and any Appendices disagree, the terms in the Appendix shall control. 2.3. Personnel & Equipment. The Parties agree that the number and types of any subcontractors, dealers, distributors, personnel, or specialized equipment which may be required to furnish Products & Services to Program Participants will be determined by AssetWorks. AssetWorks agrees to engage the number and types of subcontractors, personnel, and/or specialized equipment necessary to furnish the types of Products & Services as specified in Appendix B to all Program Participants throughout the Term, as defined in Appendix A, of this Master Agreement and in accordance with the terms and conditions in AssetWorks' master agreement ("AssetWorks Master Agreement" or "Customer Agreement") in Appendix C. Any Customer Agreement entered into as a result of this contract is exclusively between the Program Participant and Winning Supplier. Neither CCOG, Equalis Group, its agents, Member, and employees shall be made party to any claim for breach of such agreement. 2.4. Rates & Charges. The rates, fees, and charges to be charged to and paid by Program Participants for Products & Services are set forth in Appendix B. AssetWorks agrees that there are no other applicable rates, fees, charges, or other monetary incentives under this Agreement for Products & Services except those set forth in Appendix B. SECTION 3. TERMS & CONDITIONS 3.1. Confidentiality. (a) Obligation. The nature and details of the business relationship established by this Master Agreement, and the business information regarding the other Party(ies) (the "Disclosing Party") to which a Party(ies) (the "Receiving Party") may become privy during the Term of this Master Agreement (collectively, the "Information") constitute confidential and proprietary information, the disclosure, copying, or distribution of which could result in competitive harm to the Disclosing Party. Each Party agrees to maintain the other Parties' Information in the strictest confidence and agrees not to disclose, copy, or distribute the other Parties' Information, whether orally or in writing, directly or indirectly, in whole or in part, except to those of the Receiving Party's employees, agents, subcontractors, and suppliers with a need to know the Information. The foregoing will not limit a Receiving Party, for purposes of marketing, from informing actual or potential Equalis Group Participants of the existence of a contractual relationship between the Parties. The Parties further agree that they will require that all of their employees, agents, subcontractors, and suppliers abide by the terms of these confidentiality obligations. The confidentiality obligations set forth in this section will continue in effect -2- Page 379 of 1018 for the Term of this Master Agreement and for a period of two (2) years after the date this Master Agreement is terminated or expires. (b) Exceptions. Nothing herein will apply to any information (a) which is or becomes generally available to the public other than as a result of a disclosure by a Receiving Party or its representatives, (b) which was available on a non -confidential basis prior to its disclosure by the Disclosing Party or its representatives, (c) which becomes available to a Receiving Party on a non -confidential basis from a source other than the Disclosing Party or its representatives, provided that such source is not subject to any prohibition against transmitting the information, (d) which is disclosed pursuant to an order of court; provided that in the event that proprietary information is disclosed or threatened to be disclosed pursuant to this clause (d), the Receiving Party will give the original Disclosing Party prompt, written Notice, as hereinafter defined, of such threatened disclosure and the right to defend against such disclosure, at Disclosing Party's expense, and provided further that the original Receiving Party will cooperate reasonably in such defense, or (e) which is subject to a Freedom of Information Act Request or other public records request to which a Party is, or may be, required to respond by applicable law. 3.2. Indemnification. (a) AssetWorks Indemnification. Except as otherwise provided herein and to the extent permitted by law, AssetWorks shall indemnify and defend ("Indemnifying Party") CCOG and Equalis, and their respective officers, directors, employees, agents, subcontractors, suppliers, and all Equalis Group Participants subject to this Master Agreement (the "Indemnified Party") from and against any and all liabilities, damages, fines, penalties, costs, claims, interest, and expenses (including costs of defense, settlement, and reasonable attorneys' fees), including any claim arising from environmental health and safety laws or regulations, which are generated by claims, allegations, actions, causes of action, demands, assertions, adjudications, or suits which arise directly out of damage to or destruction of any property, or bodily injury (including death) suffered by a third party ("Losses") to the extent and proportion that they are caused by gross negligence, willful misconduct, noncompliance with applicable laws of the Indemnifying Party or its employees, agents, subcontractors, and suppliers. With respect to a claim under this Master Agreement, the liability of the Indemnified Party is limited to the amount of fees paid to AssetWorks by an Equalis Group Participant for the Agreement under which the claim arose, in the 24 months preceding the date on which the claim arose. In no event shall AssetWorks be liable for (a) special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or Services, loss or corruption of data, or interruption or loss of use of Software or any portion thereof or (b) any damages (regardless of their nature) for any delay or failure by AssetWorks to perform its obligations under this agreement due to any cause beyond its reasonable control, regardless of the legal theory under which such damages are sought even if AssetWorks has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. AssetWorks will not be liable to Indemnified Party or any third party for any claims, expenses, damages, costs or losses whatsoever arising out of or in any way related to Indemnified Party's use of the Software insofar as such Software may be used to store, transmit, display, disclose or otherwise use data or information which is considered private, confidential, proprietary or otherwise exempt from public disclosure under applicable law. AssetWorks does not guarantee the privacy, security, authenticity, or non -corruption of any information transmitted through the internet or any mobile or wireless network, or any information stored in any system connected to the internet or to any mobile or wireless network. AssetWorks shall not be responsible for any claims, damages, costs or losses whatsoever arising out of or in any way related to Indemnified Party's connection to or use of the internet or of any mobile or wireless network. -3- Page 380 of 1018 (b) CCOG Indemnification. Except as otherwise provided herein and to the extent permitted by law, CCOG shall indemnify, defend, and hold harmless ("Indemnifying Party") AssetWorks, its officers, directors, employees, agents, subcontractors, and suppliers subject to this Master Agreement (the "Indemnified Party") from and against any and all liabilities, damages, fines, penalties, costs, claims, interest, and expenses (including costs of defense, settlement, and reasonable attorneys' fees), including any claim arising from environmental health and safety laws or regulations, which are generated by claims, allegations, actions, causes of action, demands, assertions, adjudications, or suits which arise out of damage to or destruction of any property, or bodily injury (including death) suffered by any person including the Indemnified Party ("Losses") to the extent they are caused by gross negligence, willful misconduct, or noncompliance with applicable laws of the Indemnifying Party or its employees, agents, subcontractors, and suppliers. With respect to a claim under this Master Agreement, the liability of the Indemnified Party is limited to the amount of fees paid to AssetWorks by an Equalis Group Participant for the Agreement under which the claim arose, in the 24 months preceding the date on which the claim arose. In no event shall GGOG be liable for (a) special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or Services, loss or corruption of data, or interruption or loss of use of Software or any portion thereof or (b) any damages (regardless of their nature) for any delay or failure by CCOG to perform its obligations under this agreement due to any cause beyond its reasonable control, regardless of the legal theory under which such damages are sought even if CCOG has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. CCOG will not be liable to Indemnified Party or any third party for any claims, expenses, damages, costs or losses whatsoever arising out of or in any way related to Indemnified Party's use of the Software insofar as such Software may be used to store, transmit, display, disclose or otherwise use data or information which is considered private, confidential, proprietary or otherwise exempt from public disclosure under applicable law. CCOG does not guarantee the privacy, security, authenticity, or non -corruption of any information transmitted through the internet or any mobile or wireless network, or any information stored in any system connected to the internet or to any mobile or wireless network. CCOG shall not be responsible for any claims, damages, costs or losses whatsoever arising out of or in any way related to Indemnified Party's connection to or use of the internet or of any mobile or wireless network. (c) Equalis Indemnification. Except as otherwise provided herein and to the extent permitted by law, Equalis shall indemnify, defend, and hold harmless ("Indemnifying Party") AssetWorks, its officers, directors, employees, agents, subcontractors, and suppliers subject to this Master Agreement (the "Indemnified Party") from and against any and all liabilities, damages, fines, penalties, costs, claims, interest, and expenses (including costs of defense, settlement and reasonable attorneys' fees), including any claim arising from environmental health and safety laws or regulations, which are generated by claims, allegations, actions, causes of action, demands, assertions, adjudications, or suits which arise out of damage to or destruction of any property, or bodily injury (including death) suffered by any person including the Indemnified Party ("Losses") to the extent they are caused by gross negligence, willful misconduct, or noncompliance with applicable laws of the Indemnifying Party or its employees, agents, subcontractors, and suppliers. With respect to a claim under this Master Agreement, the liability of the Indemnified Party is limited to the amount of fees paid to AssetWorks by an Equalis Group Participant for the Agreement under which the claim arose, in the 24 months preceding the date on which the claim arose. In no event shall Equalis be liable for (a) special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or Services, loss or corruption of data, or interruption or loss of use of Software or any portion thereof or (b) any damages (regardless of their nature) for any delay or failure by Equalis to perform its obligations under this agreement due to any cause beyond its reasonable control, regardless of the legal theory under Page 381 of 1018 which such damages are sought even if Equalis has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. Equalis will not be liable to Indemnified Party or any third party for any claims, expenses, damages, costs or losses whatsoever arising out of or in any way related to Indemnified Party's use of the Software insofar as such Software may be used to store, transmit, display, disclose or otherwise use data or information which is considered private, confidential, proprietary or otherwise exempt from public disclosure under applicable law. Equalis does not guarantee the privacy, security, authenticity, or non -corruption of any information transmitted through the internet or any mobile or wireless network, or any information stored in any system connected to the internet or to any mobile or wireless network. Equalis shall not be responsible for any claims, damages, costs or losses whatsoever arising out of or in any way related to Indemnified Party's connection to or use of the internet or of any mobile or wireless network. 3.3. Notice & Opportunity to Defend; Limitations & Thresholds. (a) Notice; Opportunity. If any Losses are asserted against an Indemnified Party, such Indemnified Party shall notify the Indemnifying Party as promptly as practicable and give it an opportunity to defend the same. The Indemnified Party shall reasonably cooperate with the Indemnifying Party in connection with such defense In the event that the Indemnifying Party in connection with such claim fails to defend against the claim within thirty (30) days, or more as the Parties may agree on a case-by-case basis, after Notice of such claim, the Indemnified Party shall be entitled to assume the defense thereof, and the Indemnifying Party shall be liable to repay the Indemnified Party entitled to indemnification for all its expenses reasonably incurred in connection with said defense (including reasonable attorneys' fees and settlement payments) until the Indemnifying Party assumes such defense. The attorneys prosecuting such defense on behalf of a Party must be acceptable to the Indemnified Party, which acceptance shall not be unreasonably withheld. (b) Liability. Notwithstanding any other provision of this Master Agreement, indemnity obligations entered into hereunder shall be due only to the extent of the Losses actually suffered by an Indemnified Party). The Indemnifying Party's insurance shall obtain all rights of the Indemnified Party against any third party with respect to any claim for which indemnity was paid. 3.4. AssetWorks Insurance. During the Term of this Master Agreement, and for two (2) years following expiration or termination of this Master Agreement, AssetWorks, at its own expense, shall maintain and shall require that its agents, subcontractors, and suppliers engaged in AssetWorks' performance of its duties under this Master Agreement maintain general liability insurance, property insurance, and automobile insurance (at a minimum, in the amount of $1,000,000 per occurrence/$2,000,000 annual aggregate) applicable to any claims, liabilities, damages, costs, or expenses arising out of its performance under this Master Agreement, or any Appendix, and with respect to, or arising out of, AssetWorks' provision of Products & Services to Program Participants. CCOG, Equalis, and their respective officers, directors, employees, and agents will be named as additional insureds on AssetWorks' related insurance policies. All such insurance policies shall incorporate a provision requiring the giving of written Notice to CCOG and Equalis at least thirty (30) days prior to the cancellation of any such policies. AssetWorks shall submit to Equalis within ten (10) calendar days after the Effective Date of this Master Agreement, and prior to furnishing Products & Services to any Program Participants, valid certificates evidencing the effectiveness of the foregoing insurance policies. AssetWorks shall provide such valid certificates on an annual basis until the terms of this section are no longer applicable. 3.5. Termination Rights. The Parties shall have the termination rights set forth below. (a) Insolvency. If a petition in bankruptcy is filed by any Party, or if any Party is adjudicated as bankrupt, or if any Party makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of the insolvency of any Party, then the other Parties, without prejudice to any other right or -5- Page 382 of 1018 remedy, may terminate this Master Agreement upon giving at least five (5) business days prior written Notice of such termination. (b) Mutual Consent. This Master Agreement, or any Appendix, may be terminated at any time by the mutual written consent of the Parties. (c) Breach. In the event that any Party commits a material breach of its obligations under this Master Agreement, except for a payment obligation, the non -breaching Party(ies) may provide written Notice describing the material breach to the breaching Party. The breaching Party will have thirty (30) calendar days to cure such breach or provide acceptable reassurance to the non -breaching Party(ies), or, if the Parties agree that a cure or reassurance is not feasible within thirty calendar (30) days, such period of time for cure or satisfactory reassurance as the Parties may agree in writing. If the breach is not cured within such period or if satisfactory reassurance is not accepted by the non -breaching Party(ies) in such period, then the Party(ies) not in breach may terminate this Master Agreement upon ten (10) business days written Notice at the Addresses for Notices set forth in Appendix A. 3.6. Effects of Termination. Upon termination of this Agreement for any reason, all Customer Agreements entered into with Program Participants shall terminate upon the then current expiration date of the applicable Customer Agreement. AssetWorks shall immediately cease any sales of Products & Services to any Program Participant under and through the terms of this Master Agreement. Following the date of termination, AssetWorks shall not be precluded from selling its products and services to individuals, businesses, and entities that were Program Participants when this Master Agreement was in effect either directly or through some other contract vehicle. Following the date of termination, CCOG and Equalis shall not be precluded from transitioning individuals, businesses, and entities that were Program Participants when this Master Agreement was in effect to another agreement or Equalis Group supplier partner. 3.7. Audit of AssetWorks. CCOG and Equalis, whether directly or through an independent auditor or accounting firm, shall have the right to perform audits, including inspection of books, records, and computer data relevant to AssetWorks' provision of Products & Services to Program Participants pursuant to this Master Agreement, to ensure that pricing, inventory, quality, process, and business controls are maintained; provided, however, that such inspections and audits will be conducted upon reasonable notice to AssetWorks and so as not to unreasonably interfere with AssetWorks' business or operations. Any such audits will be limited to no more than one per year. AssetWorks will agree to an audit period of 1 year following contract termination. 3.8. Force Majeure. This Master Agreement will be temporarily suspended during any period to the extent that any Party during that period is unable to carry out its obligations under this Master Agreement or the Appendices by reason of an Act of God or the public enemy, act of terrorism, epidemic or pandemic, fire, flood, labor disorder not caused by AssetWorks, civil commotion, closing of the public highways, government interference, government regulations, or any other event or occurrence beyond the reasonable control of the affected Party ("Event of Force Majeure"). No Party will have any liability to the other Party(ies) for a delay in performance nor failure to perform to the extent this Master Agreement or any Appendix is so temporarily suspended; provided that nothing contained herein shall apply to payment obligations with respect to obligations which have already been performed or in respect of recurring maintenance, hosting or SaaS fees due under this Master Agreement. 3.9. Buy American requirement. (for New Jersey and all other applicable States) AssetWorks may only use unmanufactured construction material mined or produced in the United States, as required by the Buy American Act. Where trade agreements apply, to the extent permitted by applicable law, then unmanufactured construction material mined or produced in a designated country may also be used. Vendors are required to check state specific requirements to ensure compliance with this requirement. 3.10. Notices. All notices, claims, certificates, requests, demands, and other communications required or permitted hereunder ("Notice") must be in writing and will be deemed given to the Addresses for Notices (a) when delivered personally to the recipient, (b) upon delivery by reputable overnight courier service (charges prepaid), or (c) upon delivery or refusal of delivery by certified or registered mail, return receipt requested, and addressed to the intended Page 383 of 1018 recipient. The Parties agree that the day-to-day business communications, including notification of a change of address, pricing updates, or revisions to any Appendix, may be made via electronic communication. 3.11. Waiver. Other than the rights and obligations with respect to payment provided by this Master Agreement, waiver by any Party(ies) of or the failure of any Party(ies) hereto to enforce at any time its rights with regard to any breach or failure to comply with any provision of this Master Agreement by the other Party(ies) may not be construed as, or constitute, a continuing waiver of such provision, or a waiver of any other future breach of or failure to comply with the same provision or any other provision of this Master Agreement. 3.12. Governing Law: Invalidity. This Master Agreement shall be construed and enforced in accordance with, and governed by, the laws of the State of Ohio without regard to rules of conflict of laws. If any provision of this Master Agreement is declared unlawful or unenforceable by judicial determination or performance, then the remainder of this Master Agreement shall continue in force as if the invalidated provision did not exist. Any suits filed by any Party pursuant to this Master Agreement shall be brought in a court of competent jurisdiction located in Cuyahoga County, Ohio. In the event any Party initiates a suit and that suit is adjudicated by a court of competent jurisdiction, the prevailing Party shall be entitled to reasonable attorney's fees and costs from the non -prevailing Party in addition to any other relief to which the court determines the prevailing Party is entitled or awarded. 3.13. Modification. No release, discharge, abandonment, waiver, alteration, or modification of any of the provisions of this Master Agreement, or any of the Appendices incorporated herein, shall be binding upon any Party unless set forth in a writing signed by authorized representatives of the Parties. 3.14. Assignment. This Master Agreement and the rights and obligations hereunder may not be assignable by any Party hereto without the prior written consent of the other Parties, which consent shall not be unreasonably withheld, conditioned, or delayed, provided, however, that AssetWorks and Equalis may assign their respective rights and obligations under this Master Agreement without the consent of the other Parties in the event either AssetWorks or Equalis shall hereafter effect a corporate reorganization, consolidation, merger, merge into, sale to, or a transfer of all or substantially all of its properties or assets to another entity. Subject to the preceding sentence, this Master Agreement will be binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns. Any instrument purporting to make an assignment in violation of this section shall be null and void. This Master Agreement may be extended to additional entities affiliated with the Parties upon the mutual agreement of the Parties. No such extension will relieve the extending Party of its rights and obligations under this Master Agreement. 3.15. No Third -Party Beneficiaries; Survival of Representations. This Master Agreement is made solely for the benefit of the Parties to it, and no other persons will acquire or have any right under or by virtue of this Master Agreement. Except as otherwise provided herein, all representations, warranties, covenants, and agreements of the Parties shall remain in full force and effect regardless of any termination of this Master Agreement, in whole or in part. 3.16. Entire Agreement. This Master Agreement, together with all attachments, appendices, and exhibits hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior oral or written representations and agreements with regard to the same subject matter. The Parties acknowledge that this Master Agreement has been negotiated and incorporates their collective agreement as to the provisions to be contained herein. Therefore, no presumption will arise giving benefit of interpretation by virtue of authorship of any provision of this Master Agreement, and any ambiguity may not be construed for or against any Party. AssetWorks' complete and final RFP response is hereby incorporated into and made part of this Master Agreement. 3.17. Execution in Counterparts. This Master Agreement may be executed in one or more counterparts, each of which will be deemed an original. For purposes of this Master Agreement, a facsimile, scanned, or electronic signature will be deemed an original signature. 3.18. Titles, Headings & Recitals. The Preamble to this Master Agreement is hereby incorporated herein and made part of this Master Agreement. The Recitals stated within this Master Agreement are deemed to be a part of this 7 - Page 384 of 1018 Master Agreement. The titles and headings of the sections and paragraphs of this Master Agreement are inserted for convenience only and shall not constitute a part hereof or affect in any way the meaning or interpretation of this Master Agreement. 3.19. Nondiscrimination & Intimidation. (a) AssetWorks expressly agrees that in the hiring of employees for the performance of work or services under this Master Agreement or any subcontract that takes place in the State of Ohio, AssetWorks, its subcontractors, or any person acting on a AssetWorks' or its subcontractor's behalf shall not discriminate in the hiring of employees by reason of race, creed, sex, disability as defined in Section 4112.01 of the Ohio Revised Code nor shall it discriminate against any citizen of the State of Ohio in the employment of labor or workers who are qualified and available to perform the Work to which the employment relates. (b) AssetWorks expressly agrees that AssetWorks, any of its subcontractors, or any person on behalf of AssetWorks or its subcontractors in any manner shall not discriminate against or intimidate any employee hired for the performance of work or services under this Master Agreement on account of race, creed, sex, disability as defined in Section 4112.01 of the Ohio Revised Code, or color. (c) AssetWorks expressly agrees to include principally similar provisions of this section in each of its written subcontractor agreements for the Products & Services subject to this Master Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Master Agreement to be executed by their duly authorized representatives as of the Effective Date. THE COOPERATIVE COUNCIL OF ASSETWORKS LLC GOVERNMENTS, INC. lGOtt�I' op 1 1 1.1 '.1 By: .... L '11111 nL(,�y: Name: Scott A. Morgan Name: Steven OCC it i o t i n As: CCOG Board President As: Director of Finance Date: Sep 24, 2021 Date: Sep 27, 2021 EQUALIS GROUP, LLC. By: (�Q, Name: Eric Merkle As: SVP, Sourcing & Operations Date: Sep 24, 2021 E -I Page 385 of 1018 APPENDIX A: TERM OF AGREEMENT; NOTICES This Appendix may be modified at any time with the mutual written consent of the Parties. The Term. This Master Agreement and the Appendices attached hereto will become effective as of the Effective Date. This Master Agreement will remain in effect for approximately five (5) years and expire on August 31, 2026 (the "Termination Date") unless extended or unless otherwise terminated or cancelled as set forth in the Master Agreement (the "Initial Term"). This Master Agreement may be renewed at any time by the mutual written consent of the Parties (each a "Renewal Term") unless this Master Agreement is terminated as set forth herein. The Initial Term together with all Renewal Terms exercised are hereinafter collectively referred to as the "Term." Addresses for Notices. a. If to CCOG: The Cooperative Council of Governments, Inc. Attn: Board President 6001 Cochran Road, Suite 333 Cleveland, Ohio 44139 Facsimile: 440.337.0002 If to ASSETWORKS: AssetWorks Attn: Legal Department 998 Old Eagle School Rd Suite 1215 Wayne, Pennsylvania 19087 C. If to EQUALIS: Equalis Group, LLC. Attn: Eric Merkle, SVP 5550 Granite Parkway, Suite 298 Plano, Texas 75024 Page 386 of 1018 APPENDIX B: PRODUCTS & SERVICES; PRICING The following terms and conditions will apply to any purchase or utilization of the Products & Services from AssetWorks. This Appendix may be modified at any time with the mutual written consent of AssetWorks and Equalis. 1. Products & Services 1.1. Software and Hardware Solutions. AssetWorks offers a comprehensive suite of software and hardware solutions and related services to help manage, maintain, track, and analyze fleet operations including, but not limited to the following; (a) FuelDrive. All hardware and SaaS offerings included in the FuelDrive list of products (b) Field Service Solutions or FSS GPS. A comprehensive GPS/telematics solution for the tracking and management of your vehicles, assets and drivers. (c) Hardware. All Hardware associated with FuelFocus and FuelFocus EV fueling and charging equipment. This also includes the KeyValet solution. (d) 3rd Party GPS Hardware and SaaS Services. All hardware and SaaS offerings included from 3rd Party GPS providers. (e) Software. All software associated with the AssetWorks FleetFocus and Enterprise Asset Management ("EAM") solutions. (f) Hosting & SaaS Services. All hosting and SaaS related services including EAM and FleetFocus SaaS products. (g) Professional Services. Labor related to the installation of software, hardware, training or consulting services. The definition of Products & Services may be amended from time to time upon the mutual written agreement of AssetWorks and Equalis. 2. Pricing for Products & Services Please see Exhibit A for pricing of Products & Services. 3. Price Adjustments Should it become necessary or proper during the Term of this Agreement to make any change in design or any alterations that will increase expense, Equalis Group must be notified immediately. Price increases must be approved by CCOG and no payment for additional materials or services, beyond the amount stipulated in the Agreement, shall be paid without prior approval. All price increases must be supported by manufacturer documentation, or a formal cost justification letter. AssetWorks must honor previous prices for thirty (30) days after approval and written notification from Equalis Group if requested. -10- Page 387 of 1018 It is AssetWorks' responsibility to keep all pricing up to date and on file with Equalis Group. All price changes must be provided to Equalis Group, using the same format as was accepted in the original contract. -11- Page 388 of 1018 APPENDIX Q ASSETWORKS MASTER AGREEMENT The AssetWorks Online Master is between the entity ("Customer") stated on the Order Form ("Order Form"), and AssetWorks LLC ("AssetWorks"). It consists of the terms and conditions listed below, as well as the details on the Order Form (together, the "Agreement"). It is effective on the date the Order Form is signed by both parties ("Effective Date"). The Order Form is subject to the following terms and conditions unless Customer has a separate written and signed agreement with AssetWorks. Your right to use the products and Services is conditioned upon acceptance of this Agreement. These terms shall apply to the software products (Software), Hardware products (Hardware) and Professional Services (Services) on the Order Form as applicable: • Attachment 1 Software License Terms • Attachment 2 Software Maintenance Terms • Attachment 3 Professional Services Terms • Attachment 4 Hosting Terms • Attachment 5 Hardware Terms 1. FEES AND PAYMENT. For recurring Services, unless otherwise stated in the Order Form, AssetWorks shall invoice Customer in advance. All invoiced fees shall be due and payable within 30 days of the date of an invoice. For Professional Services, invoices shall be sent either monthly or upon completion of milestones (as defined in the Statement of Work or on the Order Form) and include charges defined in the Order Form unless otherwise specifically stated in the Order Form. All payments shall be made in United States Dollars without deduction for any taxes or withholding or other offset. Any amounts not paid when due will be subject to interest accrued, which interest will be immediately due and payable from the due date for payment until the date of actual receipt of the amount in cleared funds by AssetWorks, at the lesser of (a) 1.5% per month, or (b) the highest rate under applicable law. Customer will be considered delinquent if payment in full is not received 45 days from the date of the invoice. AssetWorks reserves the right to suspend or terminate this Agreement and Customer access to the Service if the Customer account becomes delinquent and is not cured within 10 days of notice of non-payment. Customer will continue to be charged and hereby agrees to pay for Service during any period of suspension. Customer's failure to pay any invoice after this 10 day period shall constitute a material default hereunder and shall entitle AssetWorks to exercise any and all rights and remedies provided herein or at law including a suspension of Services under the Agreement. If Customer or AssetWorks initiate termination under any provision of the Agreement other than under the Termination for Default Section, Customer will be obligated to pay the balance due for the remainder of the term for its account computed in accordance with the Order Form. Customer agrees that it shall be billed for such unpaid fees. In the event of a dispute between the parties that does not result in a termination of the Agreement, Customer agrees to make all payments due under the Agreement pending the resolution of the dispute. 2. TAXES. Except as otherwise specified the prices stated do not include any state, federal, or local sales, use or excise taxes, duties, or brokerage fees now in force or which may be enacted in the future, and may be applicable to the sale, delivery, or use of products and Services supplied by AssetWorks. Unless the Customer provides a valid tax exemption certificate and in the event Customer's tax exemption status changes, Customer expressly agrees to pay to AssetWorks, in addition to the prices stated, the amount of any such taxes which may be imposed upon or payable by AssetWorks. In no event whatsoever shall AssetWorks be liable for sales, use, business, gross receipts or any other tax that may be levied by any State or Federal Government entity against a contractor to such governmental entity other than taxes upon income earned by AssetWorks for the goods and/or Services provided pursuant this Agreement. This exclusion of tax liability is also applicable to any goods and/or Services that may be provided by AssetWorks under any later Order Form or amendment hereto regardless of changes in legislation or policy. In the event a taxing authority conducts an audit of this Agreement and determines that an additional tax should have been imposed on the Services or Deliverables provided by AssetWorks to Customer (other than those taxes levied on AssetWorks income), Customer shall reimburse AssetWorks for any such additional tax, including interest and penalties thereon. Similarly, if a taxing authority determines that a refund of tax is due as it relates to the Services or Deliverables provided by AssetWorks to Customer (except those taxes relating to AssetWorks income), AssetWorks shall reimburse Customer such refund, including any interest paid thereon by the taxing authority. 3. TERM. The Term of the Agreement shall commence as of the Effective Date and shall continue for 5 years ("Initial Term") unless terminated earlier as set forth below. At the end of the Initial Term, the Agreement shall automatically renew for successive 1 - year terms unless or until either party provides the other party with written notice of non -renewal at least 90 days prior to the end of the then current term. 4. TERMINATION FOR DEFAULT. A Default shall occur if: (1) a party fails to perform any of its material obligations under the Agreement and such failure remains uncured for 30 days after receipt of written notice thereof, except for non-payment as provided in Section 1; or (2) an error that prevents use of the Software in a material aspect due to an integration with third party software and such failure remains uncured for 60 days after receipt of written notice thereof; or (3) a party ceases to conduct business, becomes or is declared insolvent or bankrupt, is the subject of any proceeding relating to its liquidation or insolvency which is not dismissed within 90 days or makes an assignment for the benefit of creditors. If Default occurs, the non -defaulting party, in addition to any other rights available to it under law or equity, may withhold its performance hereunder or may terminate the Agreement by written notice to the defaulting party. Unless otherwise provided in the Agreement, remedies shall be cumulative and there shall be no obligation to exercise a particular remedy. If Customer terminates this Agreement other than pursuant to this Section, a Service Termination Fee equal to 100% of the current Maintenance and Hosting fees times the number of remaining years in the Term of this Agreement. -12- Page 389 of 1018 5. INTELLECTUAL PROPERTY. Customer and AssetWorks shall each retain ownership of, and all right, title and interest in and to, their respective pre-existing Intellectual Property. The Services performed, code developed and any Intellectual Property produced pursuant to this Agreement ("Developments") are not "works for hire," or any similar concept throughout the world, and AssetWorks is the sole owner of all right, title and interest in such Developments. If for any reason any Developments may be considered "works made for hire" and/ or there are any rights in the Developments that accrue to the Customer, then the Customer hereby irrevocably assigns and agrees to assign any and all of rights, title and interest thereto, whether now known or hereafter defined or discovered, to AssetWorks and the Customer agrees to take such further action, including executing such instruments and documents as AssetWorks may reasonably request, to evidence such assignment. As used herein, "Intellectual Property" shall mean inventions (whether or not patentable), works of authorship, trade secrets, copyright, techniques, know-how, ideas, concepts, algorithms, and other intellectual property incorporated into any Statement of Work or Deliverable whether or not first created, discovered, or developed by AssetWorks in providing the Services. 6. CONFIDENTIAL INFORMATION. "Confidential Information" means all information disclosed by either party to the other party, whether orally or in writing, which the other party should reasonably understand to be confidential. Each party will maintain all Confidential Information in confidence and will use it solely in the discharge of its obligations under this Agreement and any applicable Statement of Work. Nothing herein will be deemed to restrict a party from disclosing Confidential Information to its employees and subcontractors in the discharge of such obligations. Confidential Information will not include information that (i) is, or becomes, generally known or available through no fault of the, recipient; (ii) is known to the recipient at the time of its receipt from the disclosing party; (iii) the disclosing party provides to a third party without restrictions on disclosure; (iv) is subsequently and rightfully provided to the recipient by a third party without restriction on disclosure; (v) is independently developed by the recipient, without reference to the disclosing party's Confidential Information; or (vi) is required to be disclosed pursuant to a governmental agency or court subpoena, provided the recipient promptly notifies the disclosing party of such subpoena to allow it reasonable time to seek a protective order or other appropriate relief. Because of the unique nature of the Confidential Information, each party agrees that the disclosing party may suffer irreparable harm in the event the recipient fails to comply with its obligations under this Section, and that monetary damages may be inadequate to compensate the disclosing party for such breach. Accordingly, the recipient agrees that the disclosing party may, in addition to any other remedies available to it, be entitled to injunctive relief. 7. NONSOLICITATION. During the term of this Agreement, and for 1 year thereafter, Customer shall not solicit the employment of, or contract for the Services of, any person who is/was an employee, agent, or subcontractor of AssetWorks during the term of this Agreement. Nothing in this section shall prohibit Customer from placing a bona fide public advertisement for employment which is not specifically targeted at AssetWorks employees and Customer shall not be restricted from hiring any such person who responds to any such general solicitation or public advertisement so long as no direct solicitation of such person has occurred. 8. GOVERNING LAW; VENUE. The Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania without regard to choice of law principles. The sole jurisdiction and venue for actions related to the subject matter hereof shall be the state and Federal courts in the Commonwealth of Pennsylvania. Both parties consent to the jurisdiction of such courts and waive any objections regarding venue in such courts. 9. ASSIGNMENT. Neither the Agreement, in whole or in part, nor any duties or obligations hereunder shall be assigned or transferred by Customerwithout the prior written approval of AssetWorks, which approval may be withheld in the reasonable judgment of AssetWorks. Customer agrees that AssetWorks may assign its obligations to a third party subject to Customer's written approval of such change, but AssetWorks shall remain responsible for performance under the Agreement. All fees will remain intact as outlined in the Order Form. Notwithstanding the above restrictions, in the event of an assignment or novation of this Agreement to an AssetWorks affiliate pursuant to an internal corporate reorganization, AssetWorks shall not require Customer's prior written consent. 10. SEVERABILITY. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any manner. 11. ENTIRE AGREEMENT. The Agreement and any schedules and exhibits thereto contain the entire agreement and understanding of the parties with respect to the subject matter hereof, and supersedes and replaces any and all prior or contemporaneous proposals, discussions, agreements, understandings, commitments, representations of any kind, whether oral or written, relating to the subject matter hereof or the Services to be provided hereunder. It is understood that terms and conditions, if any, included in Customer's purchase order or similar document are for Customer's internal purposes only and any provisions contained therein shall have no effect whatsoever upon this Agreement. 12. FORCE MAJEURE. Neither party shall be liable for any failure of or delay in performance of its obligations (except for payment obligations) under this Agreement to the extent such failure or delay is due to acts of God, acts of a public enemy, fires, floods, power outages, wars, civil disturbances, sabotage, terrorism, accidents, insurrections, blockades, embargoes, storms, explosions, labor disputes (whether or not the employees' demands are reasonable and/or within the party's power to satisfy), failure of common carriers, Internet Service Providers, or other communication devices, acts of cyber criminals, terrorists or other criminals, acts of any governmental body (whether civil or military, foreign or domestic), failure or delay of third parties or governmental bodies from whom a party is obtaining or must obtain approvals, authorizations, licenses, franchises or permits, inability to obtain labor, materials, power, equipment, or transportation, or other circumstances beyond its reasonable control (collectively referred to herein as "Force Majeure Occurrences"), however, nothing in this section shall relieve Customer of the obligation to make payments for any products or Services provided by AssetWorks. Any delays caused by a Force Majeure Occurrence shall not be a breach of or failure to perform this Agreement or any part thereof and the date on which the obligations hereunder are due to be fulfilled shall be extended for a period equal to the time lost as a result of such delays. Neither party shall be liable to the other for any liability claims, damages or other loss caused by or resulting from a Force Majeure Occurrence. 13. LIMITATION OF LIABILITY. Customer agrees that AssetWorks' total liability to Customer for any and all damages whatsoever arising out of or in any way related to this Agreement or any amendment to this Agreement, from any cause, including -13- Page 390 of 1018 but not limited to negligence, errors, omissions, strict liability, breach of contract or breach of warranty shall not, in the aggregate, exceed the amount of fees paid to AssetWorks in the 12 months preceding the date on which the claim arose. In no event shall AssetWorks be liable for (a) special, indirect, incidental, economic, consequential or punitive damages, including but not limited to lost revenue, lost profits, replacement goods, loss of technology rights or Services, loss or corruption of data, or interruption or loss of use of Software or any portion thereof or (b) any damages (regardless of their nature) for any delay or failure by AssetWorks to perform its obligations under this agreement due to any cause beyond its reasonable control, regardless of the legal theory under which such damages are sought even if AssetWorks has been advised of the likelihood of such damages, and notwithstanding any failure of essential purpose of any limited remedy. AssetWorks will not be liable to Customer or any third party for any claims, expenses, damages, costs or losses whatsoever arising out of or in any way related to Customer's use of the Software insofar as such Software may be used to store, transmit, display, disclose or otherwise use data or information which is considered private, confidential, proprietary or otherwise exempt from public disclosure under applicable law. AssetWorks does not guarantee the privacy, security, authenticity or non -corruption of any information transmitted through the internet or any mobile or wireless network, or any information stored in any system connected to the internet or to any mobile or wireless network. AssetWorks shall not be responsible for any claims, damages, costs or losses whatsoever arising out of or in any way related to Customer's connection to or use of the internet or of any mobile or wireless network. 14. WAIVER. No provision of the Agreement may be waived unless in writing, signed by both of the parties hereto. Waiver of default of any provision of the Agreement shall not operate or be construed as a waiver of any subsequent default of such provision, nor shall a waiver of any one provision of the Agreement be deemed to be a waiver of any other provision. 15. AMENDMENTS, SUPPLEMENTS. The Agreement may be amended or supplemented only in a writing signed by the parties' authorized representative(s). 16. BINDING EFFECT, BENEFITS. The Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. Notwithstanding anything contained in the Agreement to the contrary, nothing in the Agreement, expressed or implied, is intended to confer on any person other than the parties hereto or their respective successors and assigns, any rights, remedies, obligations or liabilities under or by reason of the Agreement. 17. HEADINGS. The Section headings in the Agreement are inserted only as a matter of convenience, and in no way define, limit, or extend or interpret the scope of the Agreement or of any particular Section. 18. AUTHORIZATION. Each of the parties represents and warrants that the Agreement is a valid and binding obligation enforceable against it and that the representative executing the Agreement is duly authorized and empowered to sign the Agreement. 19. RELATIONSHIP OF PARTIES. The relationship of the parties shall at all times be one of independent contractors. Nothing contained herein shall be construed as creating any agency, partnership or other form of joint enterprise between the parties. 20. CONFLICTING PROVISIONS. This Agreement and all of the exhibits, schedules, and documents attached hereto are intended to be read and construed in harmony with each other, but in the event any provision in any Attachment conflicts with any provision of this Agreement, then this Agreement shall be deemed to control, and such conflicting provision to the extent it conflicts shall be deemed removed and replaced with the governing provision herein. Any terms in a Customer purchase order are deemed to be for Customer's own use and are specifically rejected by the Terms of this Agreement. 21. COUNTERPARTS. The Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 22. SURVIVAL. All provisions of this Agreement, which by their nature should survive termination of this Agreement, will so survive for the applicable statute of limitations period. 23. NOTICE. Any communication or notice hereunder must be in writing, and will be deemed given and effective: (i) when delivered personally with proof of receipt; (ii) when sent by e-mail; (iii) when delivered by overnight express; or (iv) 3 days after the postmark date when mailed by certified or registered mail, postage prepaid, return receipt requested and addressed to a party at its address for notices. Each party's address for notices is stated on the Order Form. Such address may be changed by a notice delivered to the other party in accordance with the provisions of this Section. 24. DISPUTES. In the event of any dispute arising in the performance of this Agreement, AssetWorks and the Customer will seek to resolve such dispute through good faith, amicable discussions and negotiations. In any action at law or in equity to enforce or interpret the terms of this Agreement, the prevailing party will be entitled to recover its reasonable attorneys' fees and costs, in addition to any other relief ordered by the court. Such fees and costs will include those incurred in connection with the enforcement of any resulting judgment or order, and any post judgment order will provide for the right to receive such attorneys' fees and costs. 25. COUNSEL. By acceptance of this Agreement, each of the Parties acknowledges and agrees that it has had an opportunity to consult with legal counsel and that it knowingly and voluntarily waives any right to a trial by jury of any dispute pertaining to or relating in any way to the transactions contemplated by the Agreement, the provisions of any federal, state or local law, regulation or ordinance notwithstanding. -14- Page 391 of 1018 Attachment 1 — Software License Terms 1. SOFTWARE i....iCE SE A. Subject to the terms and conditions set forth in this Agreement, AssetWorks grants to Customer a limited, non-exclusive, perpetual (subject to the Termination section of this Attachment below) non -transferable, non-sublicensable license to the AssetWorks software (Software) for the number of units specified in the purchase order (Order Form). The AssetWorks Software is licensed under different license categories. The license to the software granted to Customer shall be specified on the Order Form and is described below. Except as provided above, use of Software in excess of limits defined in the Order Form requires additional licensing fees. Customer's license is to use the Software in its own business; Customer has no right to use the Software in processing work for third parties. i. "Concurrent License" — means a license for an authorized user of the Software/Services, provided that the number of simultaneous users may not exceed the number of licenses purchased. Each simultaneous login to the Software (through active browser sessions) shall be deemed to constitute one Concurrent License. ii. "Active Equipment Unit License" — means a license per asset that Customer has purchased. Customer must purchase a license for each Active Equipment Unit to be covered by the Software. Active Equipment Units are vehicles or assets that are active in the customer's fleet in that work is performed or activity about the asset is reported on a recurring basis. Sold, retired or permanently inactive units do not count as Active Equipment Units and the historical information of these assets can reside in the database. iii. "Enterprise License" — The Enterprise License is a license for the Software that allows for an unlimited number of users and tracks an unlimited amount of assets. Pricing is based on the population of the city, town, region, fleet, college, university, department, etc. (Population Base) the Customer utilizes the Enterprise License to cover. Customer must promptly purchase an Enterprise License reconciliation if Customer's Population Base increases beyond the Customer's licensed limits for any reason, including, but not limited to a material increase in Population Base, use of the Software to provide Services to an additional population or merger of the Customer with any other entity that increases the population served by the Software. B. For Customer hosted instances of the Software, Customer shall have the right to use only one copy or image of the Software for production purposes and shall not copy or use the Software for any other purpose except (i) for archival purposes, (ii) in connection with a disaster recovery program, and (iii) for the purpose of testing the operation of the Software, provided such testing copy shall not be used in a live production environment. AssetWorks Hosted Software is subject to the Hosting Terms Attachment. C. Software may be licensed on a per -seat basis, a number of Active Equipment Unit basis, or other basis as described on the Order Form ("License Restriction"). Customer may increase the License Restriction at any time by executing a subsequent Order Form and paying in full the applicable fees. "Active Equipment Unit" shall mean any in service unit to which work orders, fuel tickets, or usage tickets are posted, but shall not include retired equipment. D. If any third party Software is provided to Customer pursuant to this Agreement, such license shall be in accordance with terms set forth in the Order Form. E. "Source Code" shall mean Software in human -readable form, including all appropriate programmer's comments, data files and structures, header and include files, macros, make files, object libraries, programming tools not commercially available, technical specifications, flowcharts and logic diagrams, schematics, annotations and documentation reasonably required or necessary to enable a competent independent third party programmer to create, operate, maintain, modify and improve such Software without the help of any other person, and with data files containing Source Code in standard ASCII format readable by a text editor. F. Except as expressly authorized under this Agreement, Customer shall not (i) sell, rent, lease, timeshare, encumber, license, sublicense, transfer or assign the Software or Documentation; (ii) attempt to decompile, disassemble or reverse engineer the Software in whole or in part, or otherwise attempt to derive the Source Code of the Software. Except for the license specifically granted by this Agreement, AssetWorks retains all right, title and interest in the Software (including object -code and source code formats), the documentation and all related materials and all intellectual property rights worldwide to the Software and the Documentation. Customer received no other license, express or implied, than what is expressly set forth in this Section. 2. ON.-INSCi....OSURE A. Subject to the other paragraphs in this Section, Customer agrees that the Software shall be held in confidence by Customer and shall not be disclosed to others without the prior written consent of AssetWorks, which may be withheld by AssetWorks in its sole discretion. This obligation to hold confidential does not apply to any portion of the Software (1) developed by Customer and in Customer's possession prior to the receipt of same from AssetWorks; (2) which at the time of disclosure is part of the public domain through no act or failure to act by Customer; or (3) which is lawfully disclosed to Customer without restriction on further disclosure by another party who did not acquire same from AssetWorks. B. AssetWorks provides documentation for the Software electronically. The Customer may copy, in whole or in part, any such documentation relative to the Software for Customer's internal use consistent with this Agreement. C. Customer's records with regard to use of the Software shall be made available to AssetWorks at all reasonable times at AssetWorks' request to audit Customer's compliance with this Agreement, and Customer shall certify to the truth and accuracy of such records. 3. i....iRU 'YED WARRA 'T]ES A. Software Warranty. AssetWorks represents that it has the right to license the Software to Customer as provided in the Software License Section. AssetWorks further represents that the Software will conform to the description contained in the documentation provided or published by AssetWorks ("Documentation") In the event the Software fails to conform to the description contained in the Documentation, AssetWorks' sole obligation shall be to correct the errors as detailed in this Section. This limited warranty is in lieu of all liabilities or obligations of AssetWorks for damages arising out of or in connection with the delivery, use or performance of the Software. This warranty extends for a period of 90 days following the date the Software is made available to Customer, but in no event later than 1 year from the date of execution of this Agreement. A. Intellectual Property Indemnity. AssetWorks will defend, at its own expense, any action brought against Customer to the extent that it is based on a claim that the Software supplied by AssetWorks infringes a Worldwide patent or copyright, and AssetWorks will -15- Page 392 of 1018 pay those costs and damages finally awarded against Customer in any such action that are attributable to any such claim; provided, such defense and payments are conditioned on the following: (1) that AssetWorks shall be promptly notified in writing by Customer following its receipt of any such claim; (2) that AssetWorks shall have sole control of the defense of any action on such claim and all negotiations for its settlement or compromise; (3) should the Software become, or in AssetWorks' opinion is likely to become, the subject of a claim of infringement of a Worldwide patent or copyright, then Customer shall permit AssetWorks, at its option and expense, either to (A) procure for Customer a non -infringing license to use the Software; (B) modify the Software so that it becomes non -infringing; (C) procure for Customer a depreciated credit for the Software and accept its return. Depreciation shall be an equal amount per year over the lifetime of the Software, which the parties agree shall be 5 years. AssetWorks shall have no liability to Customer under any provision of this clause with respect to any claim of patent or copyright infringement that is based on Customer's unauthorized use or combination of the Software with Software or data not supplied by AssetWorks as part of the Software. AssetWorks' indemnification obligation under this section shall not exceed one million dollars in the aggregate. B. Unless prohibited by applicable law, Customer agrees to indemnify and defend AssetWorks against any claims made by any third party against AssetWorks arising out of Customer's use of the Software unless such claims are due to the negligence or willful misconduct of AssetWorks. C. During the warranty period, in the event that the Customer encounters an error and/or malfunction whereby the Software does not conform to the description in the Documentation, AssetWorks sole responsibility under this Limited Warranty is as follows: i. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, there exists an error or nonconformance to the Documentation, AssetWorks will take such steps as are reasonably required to correct the error with due dispatch. ii. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, the error or nonconformance to the Documentation does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the error and distribute the correction to the Customer in accordance with AssetWorks' normal Software revision schedule. THIS LIMITED WARRANTY IS PROVIDED IN LIEU OF ALL OTHER RIGHTS, CONDITIONS AND WARRANTIES. ASSETWORKS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON - INFRINGEMENT OF THIRD PARTY RIGHTS. ASSETWORKS DOES NOT WARRANT THAT ANY PRODUCTS WILL BE ERROR -FREE, OR THAT ANY DEFECTS THAT MAY EXIST IN ITS PRODUCTS CAN BE CORRECTED. IN NO EVENT SHALL ASSETWORKS BE LIABLE UNDER THIS WARRANTY FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), HOWEVER CAUSED WHETHER OR NOT ASSETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 4. 1"ERM11NA"1" ION A. The license conveyed pursuant to this Attachment may be terminated by AssetWorks in the event of breach or default by Customer under this Agreement provided AssetWorks notifies Customer in writing of the breach or default and Customer does not correct same within 30 days of AssetWorks' written notice. B. In addition, Customer shall have the right to terminate the Software License at any time; provided such termination shall not relieve Customer of its obligations to pay any remaining unpaid balance. C. All Software and Documentation shall be and will remain the property of AssetWorks. Upon termination of this Agreement, whatever the reason, such Software and Documentation and any copies thereof made by Customer pursuant to the Non -Disclosure Section of this Attachment above shall be promptly returned to AssetWorks. Attachment 2 — Software Maintenance Terms 1. Term. Maintenance shall commence immediately upon the Effective Date and shall have a term of 12 months. The term shall automatically renew each year thereafter for an additional 12 month period unless terminated as set forth below. 2. Correction of Deviations. In the event that the Customer encounters an error and/or malfunction ("Deviation") in the Software, it shall communicate the circumstances and any supporting information to AssetWorks. Upon receipt, AssetWorks will respond as follows: a. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer, there exists a Deviation that does not constitute a serious impediment to the normal intended use of the Software, AssetWorks will correct the Deviation and distribute the correction to the Customer in accordance with AssetWorks' normal Software revision schedule. b. In the event that, in the mutual and reasonable opinion of AssetWorks and the Customer there exists a Deviation that does constitute a serious impediment to the normal, intended use of the Software, AssetWorks will take such steps as are reasonably required to correct the Deviation. 3. Software Revisions and New Versions a. The Software may be revised by AssetWorks as a result of the correction of Deviations and/or the release of upgrades or improvements or modifications designed to improve the performance of the Software and/or to increase the capabilities of the Software (hereafter "Revisions"). Revisions shall be of two kinds: i. Revisions that the Customer is obliged to implement ("Mandatory Revisions"); ii. Revisions that may be implemented by the Customer at its option ("Optional Revisions"). No charge shall be made to the Customer for either Mandatory Revisions or Optional Revisions while under a current Maintenance Agreement. b. New products ("New Products") may be added to the Software by AssetWorks from time to time. Compared to a Revision, New Products substantially improve the performance of the Software and/or substantially increase its functionality and capability. AssetWorks, in its sole discretion, shall decide which upgrades and improvements will be issued as Revisions without charge and which shall be issued as New Products for which there may be a charge. -16- Page 393 of 1018 4. Telephone Hotline Assistance. AssetWorks, at its expense, shall make available technically qualified personnel to respond to all reasonable telephone requests, Monday through Friday, excluding State holidays, during normal business hours, that may be made by the Customer relating to the application and operation of the Software. At other times such personnel are available by pager for emergencies. 5. Technical Literature. AssetWorks shall make available to the Customer all technical literature in electronic format that is considered by AssetWorks to be relevant to the Software and its use within the scope of Customer's operations. 6. Proper Use a. Customer shall not modify the Software or Source Code as defined in the Software License Terms Attachment unless specifically authorized by AssetWorks in writing. b. The Customer agrees that all reasonable effort shall be taken to ensure that neither the Software nor data files are misused or modified without the express written permission of AssetWorks. C. In the event that the Customer or its agents misuses or modifies the Software or data files, including, but not limited to, inserting, updating, deleting or otherwise modifying data through a means other than the Software, although AssetWorks is not obligated to correct such misuse, AssetWorks shall be entitled to attempt to correct the situation, if possible, at Customer's expense. d. In the event that diagnostic assistance is provided by AssetWorks, which, in the reasonable opinion of AssetWorks and the Customer, relates to problems not caused by a Deviation in the Software, such assistance shall be at the Customer's expense. 7. Software Maintenance Fee — Paid Up License. In consideration of the Maintenance Services to be provided by AssetWorks for the initial 12 month period hereunder, Customer shall pay to AssetWorks the amount set forth in the Order Form or Invoice. For each 12 month period thereafter, Customer will pay to AssetWorks fees in accordance with this Agreement. 8. Additional Software Maintenance Fee — Paid Up License. In the event the Customer acquires AssetWorks Software licenses in addition to the Software previously provided under this Agreement (the "Additional Software"), the Maintenance shall automatically be extended to cover the Additional Software, and the Customer shall pay an additional annual Maintenance fee in an amount equal to 20% of the then current license fee for the Additional Software at the time of acquisition. In the event that Customer purchases any custom interfaces, APIs or other Software (Developed Software), AssetWorks may also charge maintenance on the Developed Software in an amount equal to 20% of the cost of the Developed Software. 9. Other Fees and Expenses. If onsite maintenance is required, Customer will pay reasonable travel and living expenses of AssetWorks' employees or agents, which shall be billed and paid as the expenses are incurred. 10. Payment Terms. a. Annual payments for Maintenance will be due in advance of the commencement of the initial 1 -year term of the Maintenance and on each anniversary thereafter. b. AssetWorks reserves the right to increase the annual Maintenance fee by providing Customer written notice of the increase at least 30 days prior to any scheduled renewal date. 11. Default and Termination. a. The Customer shall have the right to terminate Maintenance upon delivery of written notice at least 90 days prior to any scheduled renewal date. Failure to provide such notice in the designated timeframe will not relieve Customer of the obligation for the full amount for the renewal period and termination notice will be applied to the following renewal term. b. AssetWorks may cancel Maintenance in the event that the Customer does not implement a Mandatory Revision within 60 days of receipt thereof or such longer period as AssetWorks may consent to in writing. In the event that Customer does not implement a Mandatory Revision within 30 days following receipt of written notice from AssetWorks of Customer's failure to implement a Mandatory Revision, AssetWorks may then cancel Maintenance, effective immediately, by notice in writing to the Customer. C. In the event of any breach of the terms and conditions of this Agreement by the Customer, AssetWorks will, by written notice to the Customer, give the Customer a period of 30 days within which to institute remedies to correct such breach. In the event that such breach has not been corrected to AssetWorks' satisfaction within said 30 day period, AssetWorks may then cancel Maintenance, effective immediately, by notice in writing to the Customer. d. In the event that Maintenance is terminated by AssetWorks, AssetWorks shall have no continuing obligations to the Customer of any nature whatsoever with respect to Maintenance. Furthermore, termination by AssetWorks pursuant to the provisions of this Agreement shall be without prejudice to any right or recourse available to AssetWorks, and without prejudice to AssetWorks' right to collect any amounts, which remain due to it hereunder. Attachment 3 — Professional Services Terms 1. Services / Statement of Work. AssetWorks will perform the Professional Services ("Services") described in the Statement of Work and/or Order Form ("Statement of Work"). The terms of this Attachment shall control any additional or future Statements of Work that may be executed by the parties during the Term of the Agreement. No Statement of Work shall be of any force and effect unless and until executed by both AssetWorks and Customer. 2. Price and Payment Term a. Each Statement of Work will either be on a time and material basis or a fixed price basis, specified in the Statement of Work. The Statement of Work may or may not include a definitive list of "Deliverables" that must be completed by AssetWorks. In some instances, the Statement of Work will include a date by which "Deliverables" must be completed. b. In the event that Services result in greater AssetWorks duties than contemplated by the Statement of Work, Customer will work closely and in good faith with AssetWorks to modify the Statement of Work to ensure that the Customer's requirements are addressed and AssetWorks' fees shall be adjusted to reflect increased Customer requirements. 17 - Page 394 of 1018 C. Unless specifically addressed in the Statement of Work, all travel and expenses incurred will be extra and billed at the time of incurrence. d. Invoiced amounts are due and payable 30 days from the date ofthe invoice. The preferred means of payment is by electronic funds transfer (EFT). EFT payments can be accomplished as either a Funds Transfer (Fed Wire) or Direct Deposit (ACH). e. Custom modules, interfaces and other Software can be placed under the AssetWorks Software Maintenance program. f. Bill to Address. The invoice will be mailed to the Customer address on the Order Form unless otherwise indicated in the Statement of Work. 3. Resources to be Provided by Customer a. Customer shall provide, maintain and make available to AssetWorks, at Customer's expense and in a timely manner, the resources described in this Section, the Statement of Work, and such other additional resources as AssetWorks may from time to time reasonably request in connection with AssetWorks performance of the Services. Delays in the provision of these resources may result in delays in the performance of the Services, or an increase in the Price. b. Customer will designate qualified Customer personnel or representatives to consult with AssetWorks on a regular basis in connection with the Services. Customer will furnish such documentation and other information as is reasonably necessary to perform the Services. C. Customer shall furnish access to Customer's premises, and appropriate workspace for any AssetWorks personnel working at Customer's premises, as necessary for performance of those portions of the Services to be performed at Customer's premises. d. Customer shall meet all assumptions noted on the Statement of Work. 4. Subcontractors. AssetWorks may engage subcontractors to assist in performing Services without the prior written consent of Customer; provided, AssetWorks shall supervise such sub -contractors and the Services performed by them to the same extent as if AssetWorks performed the work. 5. Termination for Default. Either party may terminate any Statement of Work if (i) the other party fails to perform a material obligation of the Statement of Work and such failure remains uncured for a period of 30 days after receipt of notice from the non - breaching party specifying such failure; or (ii) a party ceases to conduct business, becomes or is declared insolvent or bankrupt, is the subject of any proceeding relating to its liquidation or insolvency which is not dismissed within 90 days or makes an assignment for the benefit of creditors. In addition, AssetWorks may terminate any Statement of Work effective immediately upon written notice to Customer if Customer fails to make any payment in full as and when due hereunder. Termination of a Statement of Work shall not terminate this Agreement. Upon termination for whatever reason and regardless of the nature of the default (if any), Customer agrees to pay AssetWorks the full value for all goods and/or Services provided to Customer up to and including the date of termination. For avoidance of doubt, where AssetWorks has not yet completed a milestone documented on the Statement of Work and this agreement is terminated for whatever reason and regardless of the nature of the default (if any), Customer shall pay to AssetWorks for the work completed up to and including at the time of termination. 6. Termination for Convenience. Notwithstanding any other provision in this Agreement, either party may terminate a Statement of Work by providing a 90 day notice of intent to terminate the Statement of Work. 7. Effect of Termination. The Terms of this Agreement shall survive for any Statement of Work which is still pending at the time of termination until the conclusion of the Statement of Work. 8. Professional Services Limited Warranty a. AssetWorks warrants that the Deliverables provided under an Order Form or a Statement of Work authorized under this Attachment shall be performed with that degree of skill and judgment normally exercised by recognized professional firms performing the same or substantially similar Services. In the event of any breach of the foregoing warranty, provided Customer has delivered to AssetWorks timely notice of such breach as hereinafter required, AssetWorks shall, at its own expense, in its discretion either (1) correct the non -conforming Deliverables to conform to this standard; or (2) refund to Customer that portion of the Price received by AssetWorks attributable to the non -conforming Deliverables. No warranty claim shall be effective unless Customer has delivered to AssetWorks written notice specifying in detail the non -conformities within 90 days after tender of the non -conforming Deliverables. The remedy set forth in this Section (a) is the sole and exclusive remedy for breach of the foregoing warranty. b. ASSETWORKS SPECIFICALLY DISCLAIMS ANY OTHER EXPRESS OR IMPLIED STANDARDS, GUARANTEES, WARRANTIES OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT, AND ANY WARRANTIES THAT MAY BE ALLEGED TO ARISE AS A RESULT OF CUSTOM OR USAGE, ANY WARRANTY OF ERROR -FREE PERFORMANCE, OR ANY WARRANTY OF THIRD PARTY PRODUCTS, OR FUNCTIONALITY OF THE CUSTOMER'S HARDWARE, SOFTWARE, FIRMWARE, OR COMPUTER SYSTEMS. C. Customer represents and warrants to AssetWorks that Customer has the right to use and furnish to AssetWorks for AssetWorks use in connection with this Agreement any information, specifications, data or Intellectual Property that Customer has provided or will provide to AssetWorks in order for AssetWorks to perform the Services and to create the Deliverables identified in the Statement of Work. 9. Relationship of Parties. AssetWorks is an independent contractor in all respects with regard to any Professional Services. Nothing contained in this Agreement shall be deemed or construed to create a partnership, joint venture, agency, or other relationship other than that of contractor and Customer. Attachment 4 — Hosting Terms 1. AGREEMENT OVERVIEW. AssetWorks provides hosting Services ("Data Center") to support customers that wish to outsource the operation and maintenance of the AssetWorks Software licensed by Customer under separate licensing agreements. -18- Page 395 of 1018 This Agreement, the Service Level Agreement and the Hosting Scope of Service describe the hosting Services to be provided by AssetWorks ("Hosting Services"), the respective responsibilities of the parties. 2. SERVICES. AssetWorks will perform the Hosting Services as described in the Scope of Services, set forth in below. The scope of Services specifically excludes operation and maintenance of the following: • Customer Hardware, including Customer's servers, printers, network Hardware (including routers and switches) and other Customer site computing equipment; • Customer application Software other than noted in the Scope of Services; and • Customer Local Area Networks ("LAN") • Customer network infrastructure for connecting to the Internet and to the Data Center The Services shall be provided subject to the Terms and Conditions, which follow. 3. FEES AND PAYMENT; COMMENCEMENT. Customer shall pay AssetWorks the applicable fees as set forth in the Order Form. For new Customers, billing for hosting shall commence upon the Effective Date. For existing Customers who are migrating to the hosted environment, billing shall commence when Customer is notified that the hosted production or test environment has been established. 4. CUSTOMER RESPONSIBILITIES. The Customer is responsible for • Assigning a primary and alternate Customer designated key personnel to coordinate all communications and activities related to AssetWorks Services. • Providing user identification data and determining the appropriate security profile for each user. Customer will control security at the Application level. • All printing. No print job will print at the Data Center and all physical printing requirements will be handled by the Customer. • The purchase and installation of printers at Customer's sites for the Application being utilized as defined in the Scope of Services. • Installation, operation and maintenance of all workstation Software (and Customer's LAN,existing data communications configuration, Hardware, or Software required at the Customer's site except as otherwise stipulated in the Scope of Services. AssetWorks network and network responsibility extends from the AssetWorks routers at AssetWorks' sites to all connected equipment at AssetWorks' sites. • Testing updates and fixes applied by AssetWorks to Applications used by Customer. With the exception of emergency fixes, Customer will test updates and fixes prior to their introduction to the Production environment within a mutually agreed upon time frame. • Testing upgrades. Upgrades will be moved to production by the AssetWorks at the end of the Customer testing period unless specific problems are documented in writing to AssetWorks. • Diligent analysis of suspected problems to determine their specific nature and possible causes before calling the AssetWorks for assistance. Notwithstanding this diligence requirement, Customer is responsible for informing AssetWorks of any problems encountered in a timely manner. 5. OWNERSHIP OF DATA. Customer shall not obtain any ownership rights, title or interest in the Software, Hardware or systems developed or employed by AssetWorks in providing Services under the Agreement. AssetWorks shall not obtain any ownership rights, title or interest to Customer's data files. Upon expiration or termination of the Agreement for any reason, AssetWorks agrees to provide Customer with a copy of Customer's data files, as they exist at the date of expiration or termination. Data will be delivered in one of the following formats ASCII comma, separated value (CSV Format) with binary images TIFF, JPG, PDF. Customer requests for data to be provided in any other format are subject to approval by AssetWorks and may require an additional fee. Hosting Scope of Services All of the Services, functions, processes, and activities described below will be collectively described as the "Hosted Services" for purposes of this Agreement. Application Application refers to the Customer's licensed AssetWorks Software, and third party Software hosted by AssetWorks. Support Software Support Software includes the operating system, utilities, database Software, and all necessary licenses required to operate the Application. Hardware Server infrastructure using redundant web servers and Oracle RAC database servers is deployed within the primary Data Center. If required by Customer, Customer shall provide the telecommunications equipment (including the routers to be installed at the Data Center), communication line, and Services for connection from Customer's site to the Data Center. -19- Page 396 of 1018 Database Instances AssetWorks will maintain a single Production Database instance. This Production Database will provide the daily, real-time transaction data to the Application users. In addition to the Production Database, AssetWorks will maintain one additional, non -production Database (Test). Upon request by Customer, AssetWorks will populate these additional Databases with Customer's Production data up to 4 times in any 12 month period at no additional cost. Custom Reports Custom Reports may be ordered pursuant to a Statement of Work for an additional charge. Backups Database and file system backups are performed daily. Backup data is stored and retained at a secure offsite facility for 14 days. Hours of System Operations The Application will be accessible and available to the Customer and capable of any and all normal operating functions 24 hours a day, 7 days a week except for periods of Scheduled Maintenance and previously approved outages. AssetWorks will not be held responsible for inaccessibility arising from communications problems occurring anywhere beyond the AssetWorks external network interface, nor will these hours of unavailability be counted as unavailable. Maintenance AssetWorks will complete routine maintenance on the Application according to the published schedule. AssetWorks will publish schedules for subsequent years on its Customer Support web site. AssetWorks will endeavor to provide at least 30 days' notice to any changes in the schedule, except in the event of emergency maintenance. If AssetWorks is required to perform additional maintenance outside of the Scheduled Maintenance window, it will notify the Customer in writing of its request. The Customer and the AssetWorks will mutually agree on the downtime. All routine, additional, and emergency maintenance will be considered a period of Scheduled Maintenance. Data Classification The AssetWorks Data Center maintains SSAE16 SOC2 certification/IS027001 compliance as a facility housing CUI (Controlled Unclassified Information) data at our facility based on the DOJ assessment using NIST 800-53 guidelines for FISMA (Federal Information Standards Management Agency) standards. The service levels set forth below apply to the Services provided by AssetWorks under the Agreement. -20- Page 397 of 1018 AVAILABILITY AssetWorks will use commercially reasonable efforts to provide Services with an average of 99% Availability (as such term is hereinafter defined) for each quarter during the Term. For purposes of the Agreement, "Availability" during any quarter refers to an Authorized User's ability to log into the Application during such quarter, and will be calculated in accordance with the following formula: x=(y-z)/y'100 Where, • ,x" is the Availability of the Application during the quarter; • "y" is the total number of hours in such quarter minus the number of hours during such quarter that the Customer is unable to log into the Application because of (a) regularly scheduled maintenance windows for the Application and for times in which Customer has been notified in writing (including e-mail) by AssetWorks in advance thereof; (b) a Force Majeure Event; (c) non-performance of Hardware, Software, ISP connections, and other equipment that is not provided by AssetWorks or certified by AssetWorks for use in conjunction with the Services (except as such non-performance is directly or indirectly caused by AssetWorks). • "z" is the number of hours in such month during which the Customer is unable to log into the Application (other than for reasons set forth in the definition of "y" above); provided that AssetWorks has been notified or is otherwise aware (or reasonably should be aware) of Customer's inability to utilize the Application. FEE ADJUSTMENT In the event that AssetWorks does not meet the Availability levels set forth below, the amount of fees payable by Customer will be reduced as follows: In the event the average Availability for the Application is less than 99% during any two consecutive quarters, Customer will receive a credit to its account with AssetWorks of 5% of the amount of a quarter's aggregate AssetWorks Hosting Services fees paid or payable by Customer to AssetWorks. AssetWorks' obligation to provide Customer with fee adjustments as set forth above is conditioned on Customer providing detailed written notice to AssetWorks of its contention that AssetWorks was unable to meet the applicable Availability levels. Upon receipt of such notice, AssetWorks shall have 30 calendar days to investigate the contention. If, at the end of the 30 calendar day period it is determined that AssetWorks did in fact fail to meet the applicable Availability levels, Customer will receive the appropriate credit to its account during the next invoice cycle. The remedies set forth in this Section of this Attachment shall be Customer's sole remedy and AssetWorks' entire liability in the event of a breach of this Agreement, including the failure of any Availability measurements to meet the thresholds set forth above. Attachment 5 — AssetWorks Hardware Terms 1. PRICE/SPECIFICATIONS. Price and specifications are subject to change without notice. AssetWorks LLC is not responsible for typographical and/or photographical errors. 2. PAYMENT TERMS. All Hardware will be billed upon delivery. All FuelFocus Integration Licenses will be billed upon delivery of Hardware. Please inspect all orders upon receipt. Please email tworks.com to request an RMA for any missing, damaged, or incorrect orders. You may also call 610-225-8350. 3. RETURN POLICY. AssetWorks LLC products may be returned within 30 -days of invoice date for refund, replacement, or exchange. All product returns must have a Returned Merchandise Authorization (RMA) number issued by AssetWorks marked clearly on the return package, or the package will be refused, and no credit will be issued. To request an RMA, please email fuelsupport@assetworks.co . RMAs are valid for 15 days from the date of issuance. The following information is required for all RMAs: a. The invoice or packing list number; b. The product name and part number; C. Company name, point of contact, mailing address, email address, and telephone number; and d. A reason for the return If you wish to make a return or exchange, you must present the merchandise within 30 days of purchase. All goods must be returned in their original packaging. If the items are not received in their original and unused condition, a minimum re -stocking fee of 18% will be charged. Product that has been used will not be accepted for return or exchange unless under warranty or maintenance contract. Product that has been altered without the specific authorization by AssetWorks will not be accepted. Send returns with the RMA number clearly marked on the package to: AssetWorks LLC Attn: RMA Department 998 Old Eagle School Road, Suite 1215 Wayne, PA 19087 All returns will be processed and fully inspected. All products must be returned in original condition including packaging, manuals, and accessories (as applicable). 4. RETURN SHIPPING. All returns must be shipped freight pre -paid. 5. UNAUTHORIZED OR REFUSED RETURNS. Packages without a Return Authorization Number will be refused. Additional charges may apply if all peripherals and accessories are not returned in the original packaging. -21- Page 398 of 1018 6. RETURNS OLDER THAN 30 DAYS. Returns older than 30 days from the invoice date will be subject to a 25% restocking fee. Only product that is in current production will be accepted and an RMA must be obtained in advance and clearly marked as stated above. No refunds will be given. 7. WARRANTY START DATE. "Start Date" as used in this policy means the date this product is shipped from AssetWorks manufacturing plus 3 months or the FuelFocus go live date, whichever comes first. 8. LIMITED HARDWARE WARRANTY. Warranty coverage for AssetWorks LLC FuelFocus products ("FuelFocus") are described below. Additional support coverage can be purchased with your AssetWorks products. Please consult your local AssetWorks sales professional for annual support and Services fees. The terms and conditions governing your warranty on AssetWorks products are located below. Such terms and conditions supersede all other terms, unless otherwise agreed by AssetWorks. AssetWorks, LLC provides a 1 year limited product Hardware warranty to purchasers of FuelFocus products. AssetWorks warrants that the product Hardware will be free from defects in materials and workmanship during the warranty period, subject to the following: (a) Labor and travel costs are not included, unless required under contract specific terms; (b) AssetWorks will supply new or rebuilt parts to replace parts that are found to be defective while within the warranty period; (c) New installations must be registered with the FuelFocus Support Center within 48 hours of installation to receive warranty benefits, otherwise, the warranty period commences on the date of the invoice; (d) Help Desk Support is available between the hours of 8:OOAM- 5:OOPM EST Monday through Friday upon a Hardware System Failure; (e) AssetWorks will repair or replace such product Hardware within 14 working days of its receipt of the failed Hardware, if in advance of its receipt, such Hardware (1) was evaluated by AssetWorks Technical Support in person or via telephone, and (2) received a Technical Support RMA number from AssetWorks; (f) Further, the product Hardware must be shipped, shipment pre -paid, to AssetWorks, and the RMA number must be clearly indicated on the shipping box and papers; (g) Problems caused by faulty installation are not covered under this warranty. This warranty applies only if the equipment has been installed and used in accordance with the AssetWorks Installation Manual; (h) Use of service personnel other than qualified AssetWorks service providers without prior written approval of the FuelFocus Product Manager will void the warranty claim; (i) Use of non AssetWorks replacement parts, defects caused by the use of unauthorized addition of non AssetWorks parts, or by the unauthorized alteration of FuelFocus parts or equipment will void this warranty; Q) Damage suffered by FuelFocus equipment resulting from shipping, accident, power surges, neglect, misuse, acts of Nature, or abuse are not covered by this warranty. 9. LIMITED SOFTWARE WARRANTY. AssetWorks provides a 1 year limited Software warranty to licensees of FuelFocus Software accompanying AssetWorks Hardware. AssetWorks warrants that the media on which the Software is delivered will be free of defects in material and workmanship for a period of 1 year following delivery of the Software to licensee. AssetWorks warrants that the Software, when used in accordance with the terms of the AssetWorks Software license, will operate substantially as set forth in the applicable AssetWorks Documentation for a period of 1 year following delivery of the Software to licensee. 10. WARRANTY LIMITATIONS. AssetWorks' warranties as set forth herein ("Warranty") are contingent on proper use of the FuelFocus Hardware and Software ("Products") and do not apply if the Products have been modified without AssetWorks' written approval, or if the Products' serial number label is removed, or if the Product has been damaged. The terms of the Warranty are limited to the remedies as set forth in this Warranty. THIS WARRANTY IS PROVIDED IN LIEU OF ALL OTHER RIGHTS, CONDITIONS AND WARRANTIES. ASSETWORKS MAKES NO OTHER EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE SOFTWARE, HARDWARE, PRODUCTS, DOCUMENTATION OR ASSETWORKS SUPPORT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON -INFRINGEMENT OF THIRD PARTY RIGHTS. ASSETWORKS DOES NOT WARRANT THAT ANY PRODUCTS WILL BE ERROR -FREE, OR THAT ANY DEFECTS THAT MAY EXIST IN ITS PRODUCTS CAN BE CORRECTED. IN NO EVENT SHALL ASSETWORKS BE LIABLE FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS, LOST PROFITS OR ANY OTHER SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST DATA), HOWEVER CAUSED WHETHER OR NOT ASSETWORKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 11. TECHNICAL SUPPORT ACCESS. During the warranty period, toll free phone support is offered 5 days per week (8 a.m. to 5:00 p.m., Monday through Friday, except holidays). Calls left after hours will be returned the next business day. Access to Technical Support after warranty period is on a commercially reasonable basis (unless an AssetWorks Support Contract is purchased for all systems owned by the customer). 12. SOFTWARE UPDATES. During the warranty period, Software updates for system Software and Software products released by AssetWorks are available by contacting AssetWorks Technical Support. System Software updates include applicable minor releases (e.g. Release 2.0 to 2.1) to the AssetWorks family of products as well as major feature releases (e.g. Release 2.x to 3.0). Customer must have access to the Internet for Web Browser or FTP downloads as directed by Technical Support. Software updates released after the initial 1 year warranty period are available as an upgrade product for the then applicable list price. -22- Page 399 of 1018 IIII IIIn, i IIII"°°°°°IIII II�'mw�w u�uu �pii� JOOO1 IIIIIIIII VIII OYWII1 Final Audit Report uuuuuuu C C G ��������� ��������,� uu� �����������i ��������� ��� °IIII IIID IIII " r) Created: 2021-09-24 By: David Robbins (drobbins@equalisgroup.org) Status: Signed Transaction ID: CBJCHBCAABAAfiTkkUKXmyKfn_TLDsmb5b-b2aY8wG_H 2021-09-27 "Agreement - CCOG and AssetWorks (Master) - 2021.09.01" His tory ",',�,"'I Document created by David Robbins (drobbins@equalisgroup.org) 2021-09-24 - 5:18:00 PM GMT- IP address: 23.126.70.39 Document emailed to Scott A. Morgan (smorgan@cuyahogalibrary.org) for signature 2021-09-24 - 5:19:31 PM GMT "'.;�"I Email viewed by Scott A. Morgan (smorgan@cuyahogalibrary.org) 2021-09-24 - 8:23:52 PM GMT- IP address: 66.213.22.193 Document e -signed by Scott A. Morgan (smorgan@cuyahogalibrary.org) Signature Date: 2021-09-24 - 8:24:26 PM GMT - Time Source: server- IP address: 66.213.22.193 Document emailed to Eric Merkle (emerkle@equalisgroup.org) for signature 2021-09-24 - 8:24:28 PM GMT ",'."'I Email viewed by Eric Merkle (emerkle@equalisgroup.org) 2021-09-24 - 8:29:01 PM GMT- IP address: 47.185.160.37 �A� Document e -signed by Eric Merkle (emerkle@equalisgroup.org) Signature Date: 2021-09-24 - 8:29:18 PM GMT - Time Source: server- IP address: 47.185.160.37 Document emailed to liam.resch@assetworks.com for signature 2021-09-24 - 8:29:20 PM GMT "'.;�"I Email viewed by liam.resch@assetworks.com 2021-09-27 - 12:40:33 PM GMT- IP address: 73.81.9.205 �;,, r �J Document signing delegated to Steven Occhiolini(steven.occhiolini@assetworks.com) by liam.resch@assetworks.com 2021-09-27 - 12:41:32 PM GMT- IP address: 73.81.9.205 IN= I����:���e". Document emailed to Steven Occhiolini (steven.occhiolini@assetworks.com) for signature 2021-09-27 - 12:41:32 PM GMT "'m Email viewed by Steven Occhiolini (steven.occhiolini@assetworks.com) 2021-09-27 - 12:49:33 PM GMT- IP address: 173.59.0.232 Document e -signed by Steven Occhiolini (steven.occhiolini@assetworks.com) Signature Date: 2021-09-27 - 12:50:35 PM GMT - Time Source: server- IP address: 173.59.0.232 Agreement completed. 2021-09-27 - 12:50:35 PM GMT IN= STATEMENT OF WORK City of Boynton Beach., FL SOW# Q-08494 AssetWorks EAM Asset, Inventory and Maintenance Management Applications 07.26.22 0 I 0 9198 Old Eage Schod FRoad, Suite 1215 i Miyne, FIA 19087 T: 6V1687 9202 i F: G10.971.944( i www.assetworksxorn Page 402 of 1018 STATEMENT OF WORK PAGE 2 Contents................................................................................................................................................................ 2 AssetWorksEAM Introduction...............................................................................................................................3 ImplementationApproach........................................................................................................................................3 AssetWorks EAM Project Task Descriptions...........................................................................................................4 WBSA.1.0 Initiation...............................................................................................................................................4 WBSA.2.0 Discovery..............................................................................................................................................8 WBSA.3.0 Design...................................................................................................................................................9 WBSA.4.0 Build...................................................................................................................................................11 WBSA.5.0 Train & Test........................................................................................................................................24 WBSA.6.0 Deployment........................................................................................................................................35 AssetWorks EAM Preliminary Schedule...............................................................................................................36 AssetWorks EAM Milestone Schedule.................................................................................................................37 AssetWorks EAM Optional Services..................................................................................................................... 38 AssetWorks EAM Standard Assumptions.............................................................................................................39 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 403 of 1018 STATEMENT OF WORK PAGE 3 AssetWorks is pleased to partner with City of Boynton Beach FL (BOYNTON) for a successful implementation of the AssetWorks EAM asset and maintenance management application for its Fleet assets. This Statement of Work (SOW) identifies the tasks required for the implementation of the AssetWorks EAM solution. This SOW is based on AssetWorks' current understanding of the requirements and AssetWorks' previous experience with similar engagements. AssetWorks recommends BOYNTON use AssetWorks' expertise and consulting resources to ensure a timely and cost-effective implementation. AssetWorks offers a variety of services ranging from workflow re-engineering to general business and technical consulting. To best facilitate the implementation, AssetWorks urges BOYNTON to formally identify a core team of members from each of the critical business groups who will participate in or be affected by the project implementation. This involvement must come from all parties. This core team should be both technically qualified and knowledgeable of their groups' business practices. These individuals will be responsible for spearheading the system configuration, data mapping, and workflow tasks to ensure a feasible and effective production rollout. Circumstances may necessitate changes to the tasks and/or time estimates, at which time AssetWorks and BOYNTON will discuss these changes in good faith at their earliest opportunity. Implementation Approach In this document, AssetWorks has provided a detailed Statement of Work, which outlines our proposed implementation approach for the initial implementation of the AssetWorks AssetWorks EAM solution for the BOYNTON. AssetWorks implementation approach is built around industry and business standards for software implementation and project management. This standards-based approach allows us to focus on implementing the solution and focusing on those aspects of the project that represent the biggest challenges. This flexibility facilitates adjustments to the project implementation to accommodate the nuanced needs of our various customers and has yielded successful implementations for all our current and past customers. AssetWorks follows a collaborative approach to the implementation effort, engaging BOYNTON staff in each step of the process. This approach is built upon a foundation of knowledge transfer. As we work through the implementation together, BOYNTON staff will become increasingly knowledgeable and experienced with the product, how and why configuration decisions were made, how the data was organized and loaded, and how to manage and execute workflows within the system. In our experience this approach leads to the quicker adoption of the solution by the organizations staff, and results in a much smoother transition from implementation to operations and enables the customer to take full ownership of the solution. 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 404 of 1018 STATEMENT OF WORK PAGE 4 WBS A.1.0 Initiation WBS A.1.1 Proiect Management Services Proiect kick-off and planning AssetWorks will facilitate a remote project kick-off meeting wherein we will review the project timeline, identify roles and responsibilities and discuss status reporting with BOYNTON staff. AssetWorks recommends BOYNTON appoint a core project team for the implementation stage with representatives from all functional or operational areas of BOYNTON's business. This core group must have the authority and charter to make appropriate decisions regarding the implementation. The core group representatives should have complete knowledge and familiarity with BOYNTON's operations and objectives. They will form most of the roll-out team later in the project. BOYNTON project team will define their roles and responsibilities and establish project standards and controls. BOYNTON will appoint a dedicated Project Manager, Subject Matter Project Leads, and supporting personnel from the designated BOYNTON functional and operational areas. BOYNTON Project Manager will lead the overall BOYNTON project team and be responsible for BOYNTON personnel and resources on the project. The Project Leads will be responsible for assisting AssetWorks with the configuration and implementation of AssetWorks EAM and for facilitating decisions among the core maintenance group. Proiect management and oversight AssetWorks will provide project management and oversight services to execute the project plan. The AssetWorks project manager will coordinate AssetWorks project activities. AssetWorks will provide the following project management services: 7J�1DN�r���IJ1, ou • Serve as the main point of contact for BOYNTON Project Manager • Coordinate of project resources and work so that milestones are met in an efficient manner; tasks will be designed to minimize implementation time and cost while taking into consideration resource and time constraints such as BOYNTON staff availability • Work with BOYNTON to manage risks throughout the project • Present progress to BOYNTON Project Manager and/or to BOYNTON Project Sponsors (as required) • Attend project related meetings as needed to ensure timely resolution to open issues and action items • Develop project deliverables • Manage approval/sign-off processes • Manage action items • Manage scope control • Maintain project schedule and scheduled meetings AssetWorks Confidential and Proprietary 1 07.26.22 Page 405 of 1018 STATEMENT OF WORK PAGE 5 The AssetWorks Project Manager will ensure that sufficient resources are available to implement the system in accordance with the project requirements. The AssetWorks Project Manager will monitor the project resources to ensure quality delivery of services and that the deliverables are completed in accordance with the project requirements. AssetWorks will assign a Professional Services Manager to provide additional subject matter expertise, monitor the project resources and budget, and ensure quality delivery of services. The Professional Services Manager is BOYNTON's first escalation point for any issues arising during the project while the Program Manager will provide executive level communication and support. Deliverables for Project Management Services • Complete Project Kick Off • Update to relevant status reports prior to status meetings • Manage action items, issues and risks • Facilitate monthly status meetings BOYNTON is responsible for all deliverables not specifically included above. WBS A. 1.2 Hardware Acquisition AssetWorks recommends the following hardware configuration and hardware specifications for the BOYNTON's implementation. Any recommendations noted in this SOW are subject to change and defer to AssetWorks EAM product documentation available on AssetWorks' customer site, the Community. Workstation Specifications A machine that meets the following specifications is recommended: • 8GBRAM • 25 GB available hard disk space • Mouse and Keyboard • Minimum 17" Monitor (minimum resolution 1024 X 768) • 10/100/1000 Mbps Ethernet NIC Additional Requirements forAnV Configuration In addition to the above, AssetWorks also recommends BOYNTON procure the following: • An appropriate number of printers • AssetWorks recommends 19" monitors to take better advantage of the AssetWorks EAM screen and window capabilities. Customers are responsible for any site preparation or construction or communications or cabling infrastructure. This is mainly for customers implementing projects with additional hardware such as for KeyValet, Fuel Focus, etc. 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 406 of 1018 STATEMENT OF WORK PAGE 6 If this is the case, further scope will be listed later in the statement of work or supporting AssetWorks Product documentation surrounding those requirements and is available upon request. WBS A. 1.3 Software Installation Services Database and applications As part of going SaaS with AssetWorks, we will create the non -production and production AssetWorks EAM environments as well as a reporting environment. AssetWorks Customer Care will work with the AssetWorks Project Manager to schedule the installations and provide updates accordingly for project schedule purposes. Once installed, the URL and login information to the production and non -production system will be provided to BOYNTON. It is recommended, when possible, that the BOYNTON have separate workstations and/or tablets for technicians to login to the system to maximize the efficiency of capturing real-time labor and avoid the delays in updating work orders with notes, labor, etc. that would come with shared computers. All workstation and browser recommendations are contained within product documentation and can be provided on request. A chart is listed below, however that is subject to change with new releases and updates from the AssetWorks Product Management team. The BOYNTON will also be provided with the details of the reporting instance's connection information. Irowseir Versions tE III Edge Cl"tlthl'h1liuln:"n Cthirome 19'.0.X x: x: t '.I.x x: x x: 2.0.x x: x x: i '.I.x X. x x: 21.0,.x x x: i1.1.x x x i.0.x x x Primary certifications performed in Window -basest desktop operating system environirnents. Other supported operating systems or platforms may have specific limitations peer -device based on hardware or sotftwaire. Internet IExpllorer colmpatilbilmty I is not supported. IEirefdx: Ihas known compatibility issues and is, not recommended. *upping ils not supported if using IIE1 t: AssetWorks Confidential and Proprietary 1 07.26.22 Page 407 of 1018 Deliverables for Software Installation Services • Installation of AssetWorks software in a production and non -production environment • Reporting database connection information for use with the Crystal report writer license 7J�1DN�r���IJ1, ou STATEMENT OF WORK PAGE 7 AssetWorks Confidential and Proprietary 1 07.26.22 Page 408 of 1018 STATEMENT OF WORK PAGE 8 WBS A.2.0 Discovery WBS A.2.1 Current State Discovery Current State Questionnaires & System Overview Shortly after the project kick off meeting, AssetWorks will send to BOYNTON a series of current state questionnaires for BOYNTON to fill out and return to AssetWorks. These questionnaires cover topics such as work order management, materials management, fuel and financial tracking and billing. Once returned, AssetWorks will schedule sessions to review these with the customer and ask further questions. These documents are critical to understanding BOYNTON's daily operations, key drivers and project expectations and serves as the baseline for completing the system design and setup consulting sessions. AssetWorks will also conduct, post kick-off meeting, a short "Day in the Life" overview session of the basic portals for work management solutions and user -role based workflows commonly used in a maintenance organization to assist in the facilitation of change management for the core project team to the AssetWorks EAM system. o0 Asset'WORKS' <rIISr0MFR> Vnrter5Canrttng the financial Uarkinri and ,C ffling "AlsIs" h i9wsa,6at�roes¢a'P'c rrcem ytud e urn ru�w a�t�rsckngts�cx saw 11u�ea v� A �Wrot�ta�r�u . ..... 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'.... tot, or p some other method n6 acco urtfing used tra dentnty cruantenaonce costs! ........................................................................................................................................................................................................................................................................................................... PSr�s�.*Sar1a+erICV s M; ra fv�f��an eanan�e cft�re ti;C,ncrcuuarrod s(cwchwii.e ......... ......... ......... ......... ._� ...� .... C°j,e?(,(w 4�'FlfJfy'S,i, 1 AssetWorks Confidential and Proprietary 1 07.26.22 Page 409 of 1018 STATEMENT OF WORK PAGE 9 WBS A.3.0 Design WBS A.3.1 System Design Services System Design & Setup Consulting After the discovery session, AssetWorks will lead system setup sessions to complete the coding conventions for equipment numbering, equipment classes, repair codes, PM schedules, PM parameters, PM checklists, and other items. AssetWorks will also review the setup for all the modules being implemented as part of this project. BOYNTON's preparation for this engagement includes the assimilation and distribution of relevant inventory, purchasing, operations, and maintenance data prior to the meeting. The goal for these meetings is to achieve at least 90% of the standard coding schemes and business practices required for system roll-out. The coding schemes listed on the agenda will be defined based on best practices with AssetWorks making recommendations as we better understand the BOYNTON's standards (e.g., tasks (6-9 digit), work accomplished codes, condition ratings, position, etc.) and with maintenance classes like NAFA or AWPA. One of the strategies for success during this project that AssetWorks uses is to actively utilize the AssetWorks EAM Starter Database. The AssetWorks Professional Services team has jointly architected this based on the experience of hundreds of past deployments and it is consistently refined each product release to be optimized for an asset maintenance organization. It contains many industry -standard coding schemas, user groups with baseline security setup, best practice workflow settings and pre -configured portals designed for the BOYNTON to review and make modifications to versus creating brand new coding structures. This approach ensures that customers get up and running more quickly and allows for a greater engagement on making informed decisions and facilitates stronger change management to new processes as workflows can be quickly demonstrated. The starter database will be installed in the Production and Test environment with the test version containing sample assets, classes, parts, etc. This is intentional so that post each setup session a customer can login to practice and learn the system allowing for an easier transition time to the new application and processes along the way. AssetWorks has found to create a stronger user adoption for the core project team who then extend that knowledge more easily down to the end users at go live. Deliverables for System Setup Consulting Services • Conduct multiple remote sessions (12 setup sessions) to review core codes, starter database and discuss initial workflow design conversations; services are fulfilled at the conclusion of the sessions with the understanding additional follow-up is to occur during the System Configuration Services phase. Session # I AssetWorks EAM System Setup Meeting AssetWorks EAM Application Overview &New User Orientation 7J�1DN�r���IJ1, ou Customer User Role(s) Core Project Team AssetWorks Confidential and Proprietary 1 07.26.22 Page 410 of 1018 STATEMENT OF WORK PAGE 10 2 Organization Structure Core Project Team Program Office Manager Finance Manager 3 Application Security & Equipment Management - Part 1 Core Project Team Asset Manager IT/ Network Administrator 4 Equipment Management - Part 2 Core Project Team Asset Manager Program Office Manager 5 Work Management — Part 1 Core Project Team Supervisor Lead / Technician Lead 6 CHECKPOINT—Progress Review Core Project Team 7 Work Management — Part 2 Core Project Team Supervisor Lead / Technician Lead 8 Warranty & Fuel Core Project Team Fuel Manager Warranty Administrator 9 Materials Management Core Project Team Storekeeper Lead 10 Purchasing Core Project Team Storekeeper Lead 11 Financial Tracking Core Project Team Finance Manager 12 Portals and Options Core Project Team Finalize data definition and workflows BOYNTON will take "action items" from the System Set-up Consulting sessions to finalize the definition of all relevant AssetWorks EAM data elements and work processes, including maintenance, parts management, procurement, and other job functions. BOYNTON's deliverable for this task is to complete documentation of BOYNTON's definitions for all applicable AssetWorks EAM data elements. This deliverable is a critical prerequisite to the configuration of the system. AssetWorks will work with BOYNTON to prepare this documentation. It is recommended to work on these items as soon as possible following setup overview sessions to ensure a more complete comprehension of the material being covered. 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 411 of 1018 STATEMENT OF WORK PAGE 11 During the data definition process, BOYNTON will also be asked to start collecting certain data as the items are covered during the system setup consulting sessions. This data may be converted and loaded to the application based on the project timeline in conjunction with the other setup tasks for the various modules licensed. AssetWorks will also work with BOYNTON team to configure AssetWorks EAM per the discussed workflow in the system setup consulting sessions. This configuration will build on the setup defined with BOYNTON core team and will focus on specific decisions, such as location options, department settings, etc. BOYNTON will be required to perform setup tasks as assigned by AssetWorks. WBS A.4.0 Build WBS A.4.1 System Configuration Services Configure and Review Pre -Setup Starter Database Modules and Portals AssetWorks will review settings to setup desired workflow and provide an orientation for the following modules: 7J�1DN�r���IJ1, ou Enterprise Portal —The Enterprise Portal module is a web -based alternate end user interface to the base application logic. The module provides a familiar look -and -feel to grid and tabs, function buttons, and screen menus, while removing the need for a client -side (GUI) installation. Users have access to all the same screens and functions as through a GUI but now access the screens through a standard web browser. It is primarily used for application setup and system administration management of AssetWorks AssetWorks EAM in complement to the Shop Activity web portals. Shop Activity Module —The Shop Activity module manages workflow driven portals for activity happening in a shop or out in the field and with an external customer. o Work Management Module - The Shop Activity Work Management Portal is designed to provide supervisors with access to all the screens and functions required during their workday. Supervisors can use the portal to do the following: view and assign work, view current status of employees on the shop floor, view equipment repair history, service requests, and messages, request or post parts for work orders, create and update test results related to work orders, complete PM checklists for PM and inspection services, enter complaint, cause, and correction detail for repairs performed, add comments and notes to work orders, create new work orders, create new service requests, and assign employees to existing work orders. o Technician Module - The Shop Activity Technician Portal is designed to provide technicians with access to all the screens and functions required during their workday. Technicians can use the portal to do the following: view work assigned to them, log on and off of tasks, view equipment repair history, service requests, and messages, request or post parts for work orders and view status of past requests and postings, add comments and notes to work orders, create and update test results related to work orders, complete PM checklists for PM and inspection services, enter complaint, cause, and correction detail for repairs performed, create new work orders, manage service requests, and print work orders. o Storekeeper Module - The Shop Activity Storekeeper Portal is designed to provide storekeepers with access to all the screens and functions required during their workday. Storekeepers can use the portal to perform the following functions: manage part requests or requisitions, order parts, and create new parts. Service Request Module - The Service Request Portal is designed for deploying and displaying Service Request entries. It gives your organization the option to relieve the burden on shops or call centers that record requests from employees and operators for asset maintenance or vehicle AssetWorks Confidential and Proprietary 1 07.26.22 Page 412 of 1018 STATEMENT OF WORK PAGE 12 service by allowing individuals to log the requests themselves. Using the kiosk feature eliminates the need for each operator to have a login for entering and displaying vehicle service requests. Notification Module —The Notifications module provides instant alerts of important information and scenarios for better communication and tracking. A collection of out-of-the-box notification scenarios are provided. AssetWorks will assist in the configuration of up to 3 "out of the box" notifications for customer use. This module is included in base AssetWorks EAM. Ad Hoc Query Module - The Ad Hoc Query Module provides secure ad hoc query capabilities. It allows users to build their own queries, format the display of the results, export the results, and save queries for future use and sharing with others. AssetWorks will review a sampling (3) of the created, out of the box ad hoc queries. AssetWorks will not create new customer specific custom reports. AssetWorks will show BOYNTON how to adapt one report and in addition, how to setup permissions for reports. This module is included in base AssetWorks EAM. Reporting Module — The Reporting Module takes data stored in your database and reformats it into information that can assist in effectively managing operations. At the same time, it opens visibility into your operations by publishing professional reports over a zero -client, browser interface. The Reporting Module will provide standardized reports as well as accessibility to real-time data and report automation using Crystal Reports; training on Crystal Designer is not included and modification of out of the box Crystal reports by AssetWorks is not included in this scope of work. KPI/Dashboards Module - The Dashboard Module provides real-time access to your database through easy -to -interpret, out-of-the-box gauges and charts. Dashboard elements provide instant insight into your maintenance key performance indicators via a standard web browser. You may provide access to dashboards to anyone in your organization with an authenticated login, without the need to install any software on their machines. AssetWorks will review and make the following dashboards available for use: o Fleet Availability o Work Order Aging (WO's by # of Days Opened) o Direct vs Indirect Labor last 7 days o Pending Service Request's by Session Location (*uses the logged in User's location to filter SRs) MAXQueue Integration Module—The MAXQueue Designer is a tool that manages the MAXQueue integrations that have been created for a customer by AssetWorks. You can enable, disable, start and stop integrations, configure custom settings, name your MAXQueue instance and enable or disable data events. The MAXQueue Viewer is a tool that allows you to enable logging, view statistics about the performance of active workflows, and provide graphs that display the logging and statistics. Both tools are part of the MAXQueue integration module that is used for all custom and out of the box AssetWorks EAM integrations. Customers are not able to use MAXQueue to develop their own integrations. Customer Access Module —The Customer Access Module is designed to provide maintenance department administrators with an easy to use, browser -based, real-time view into information regarding the vehicles and assets in their departments. It provides a link to enter service requests on vehicles, display assets assigned to the user's department, display open work orders for assets assigned to the user's department, and enter meter readings and usage tickets for assets. Billing Module - The Billing Module is designed for review, adjustment and editing of transactions, for the purpose of billing out work order transactions, fuel transactions, end of the month charges, special fees, motor pool usage and more. A short overview will be given on this module and setup to support the Billing Module Output File Interface listed in the Technical Services section. The scope of services to setup this module is listed in the Technical Services section with the interface details. Module system orientation sessions are approximately each 2 hours in length covering one or more of the topics listed above. AssetWorks maintains an "Application Design Guide (ADG)" checklist covering System Setup and various configuration tasks and which also documents business decisions and application setup and configuration 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 413 of 1018 STATEMENT OF WORK PAGE 13 decisions for all in scope to be utilized. Utilizing that guide, AssetWorks will schedule sessions with BOYNTON and recommend the types of resources required. An example screenshot of this document is located below. Application Design Guide (ADG) AssetWORKS In addition, AssetWorks will consult with BOYNTON to configure the modules to facilitate the workflows for the maintenance and back-office functions. Configuration includes: • Assigning user groups for specific functions • Initializing (out of box) notifications to facilitate business processes • Creating custom menus for specific user groups Deliverables for System Configuration Services • Setup configuration completed in the production database 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 414 of 1018 In addition, AssetWorks will consult with BOYNTON to configure the modules to facilitate the workflows for the maintenance and back-office functions. Configuration includes: • Assigning user groups for specific functions • Initializing (out of box) notifications to facilitate business processes • Creating custom menus for specific user groups Deliverables for System Configuration Services • Setup configuration completed in the production database 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 414 of 1018 STATEMENT OF WORK PAGE 14 • Production database available to re -fresh (database restore) the non -production database for customer review. • Overview of all customer purchased modules and setup of those modules with decided workflows and processes from system setup consulting sessions. WBS A.4.2 Data Conversion Services Data Loading AssetWorks will provide a training session for data loading for BOYNTON administrators. A user with a solid understanding of Microsoft Excel will likely be able to grasp this tool and process very quickly. BOYNTON staff will use the AssetWorks Data Loader tool to load its data into AssetWorks EAM. Data loading tasks occur during the System Design and Configuration Services phase so that the project progresses naturally with items being taught and configured to encourage customer retention and engagement to meet project schedules. Assist with Data Loads for Equipment, Parts and Summary Cost History BOYNTON will extract the agreed-upon data from its current systems and files (paper, PDFs, XLS, etc.) where it stores data to be converted. AssetWorks will consult with BOYNTON on data "scrubbing" or "cleansing" legacy BOYNTON data but will not be responsible for the final cleansed data. BOYNTON will be responsible for populating AssetWorks EAM with approved and "clean" BOYNTON data. AssetWorks will provide Microsoft Excel'" templates to assist in loading data into AssetWorks EAM. BOYNTON will convert only the data that maps into AssetWorks EAM. Data that does not map into AssetWorks EAM will not be converted. Further, only data elements that can be entered on a AssetWorks EAM screen are part of this conversion. BOYNTON, with assistance from AssetWorks, will use AssetWorks EAM' data loading processing feature to load the data on these screens. BOYNTON will provide the data in the properly formatted spreadsheets (per AssetWorks' specification) for loading into AssetWorks EAM. AssetWorks makes the following assumptions about the data from BOYNTON's legacy system(s): • The data files to be loaded into AssetWorks EAM will be text -based flat files with one row of data per asset or per part. • AssetWorks will not provide services to manipulate or move data from BOYNTON files into AssetWorks provided data templates. • BOYNTON will provide the data to load into in the format of the data load files provided • BOYNTON will provide each test data file and each production data file in the same format. • BOYNTON will use default values for any data element that AssetWorks EAM requires that is not in the data file. • BOYNTON will convert only master equipment records, master part records and summary cost history (summed totals of data by year and month) records. • AssetWorks will convert only these fields for summary cost history: • Fuel Quantity and Cost • Alternative Fuel and Cost • Repair Labor 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 415 of 1018 STATEMENT OF WORK PAGE 15 • Repair Parts • Repair Commercial Labor • Repair Commercial Parts • PM Labor • PM Parts • PM Commercial Labor • PM Commercial Parts • Meter Readings • Equipment Downtime hours • Fixed Monthly Costs — broken out to 7 fields • AssetWorks will not provide services to load historical work order detail. • AssetWorks will provide services to load the next PM due date and last meter PM performed information as part of this scope of work, shortly before going live. • AssetWorks will not provide services to convert current open or historical purchase order or receipt detail from a legacy system. • AssetWorks will assist in the form of troubleshooting errors in data load runs and providing direction in the mapping of legacy data elements to AssetWorks EAM fields. • AssetWorks will load a maximum of 800 fleet active assets as well as defined active components; active defined as the ability to write a work order for the asset or component. • AssetWorks will load a maximum of 2 inventory locations with a maximum of 15,000 parts per inventory location. AssetWorks will review the 2 inventory location's data prior to load for data integrity purposes to ensure it supports application functionality however, the customer is responsible for the accuracy of the data such as descriptions, part numbers and prior to go live, the quantity on hand and current part price. After the initial 2 inventory locations are loaded, AssetWorks will train the customer on how to load additional inventory locations. The customer will be responsible for ensuring all parts in the data loads were loaded fully into the application and AssetWorks will assist in training on how to verify this using the application and various out of the box reports or ad hoc queries as required. • All data loads by AssetWorks indicates a one-time load. After initial load data is to be updated manually in the AssetWorks EAM system by the customer for incremental changes up to go live and cutover into a Production system. These data loads are typically done towards the end of the project and shortly before testing, training and go live to minimize any manual updates that might need to be done. • There will be other data required to load as part of the project such as accounts, departments, operators, equipment classes, etc. and these will be loaded by BOYNTON but with guidance from AssetWorks and after receiving data loader training from AssetWorks. This will help to ensure the BOYNTON continues to learn the system and how the data loading process occurs for future system maintenance and updates. • All data loads are to be reviewed by AssetWorks to ensure data is optimal before being loaded to the Production system before the go live cutover, even if BOYNTON is loading the data. Conversion of Specific Data AssetWorks and BOYNTON will jointly resolve issues arising out of the data translation, including codes (if any) to be changed. AssetWorks will help BOYNTON finalize the data mapping and identify the sources for each data element. BOYNTON will be responsible for mapping old codes into new codes (i.e., translating) within the data set to be converted. All converted data must map to an existing data field in AssetWorks EAM and adhere to the 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 416 of 1018 STATEMENT OF WORK PAGE 16 validation of that field and the overall AssetWorks EAM application, as all data loaded goes through the application interface or authorized tool to ensure data integrity in the customer's new system. Data Conversion Testing and Validation After AssetWorks and BOYNTON have jointly documented the data mapping and data load process, BOYNTON will test the results from the data extractions. This process will require involvement from BOYNTON Information Technology personnel supporting the existing systems. Deliverables for Data Conversion Services 7J�1DN�r���IJ1, ou • One-time load of Fleet Equipment and Component data (adheres to limits listed above) • One-time load of Parts Inventory data (adheres to limits listed above) • One-time load of Summary Cost History (adheres to limits listed above) • Delivery of data load training to customer system administration staff. AssetWorks Confidential and Proprietary 1 07.26.22 Page 417 of 1018 STATEMENT OF WORK PAGE 17 WBS A.4.3 Technical Services Custom Interface Development AssetWorks standard procedures for developing an interface include the following tasks: • Create a preliminary specification which includes interface testing cases • BOYNTON project team reviews the preliminary specification • AssetWorks updates the specification • BOYNTON project team provides final approval of the specification • AssetWorks builds and unit tests interfaces on AssetWorks R&D servers before delivering the interfaces install package. The package is only delivered after the interface has passed the AssetWorks QA process. • AssetWorks and BOYNTON incorporate interface into the test environment • AssetWorks and BOYNTON perform integration testing of the interface • BOYNTON installs interface once testing is complete • AssetWorks Professional Services provides logs of interfaces in the test environment to AssetWorks Support for review and acceptance. • AssetWorks Support approves the logs and approves for BOYNTON to move the interface into the Production environment. • AssetWorks Support provides ongoing assistance for the interface based on the approved specification design, if anything is requested outside of that specification design and once the interface is in Production a change order will be requested. AssetWorks will provide interface planning services to develop a roadmap for the integration between AssetWorks EAM and BOYNTON's other systems, as described below. The project team will discuss and specify the data elements required, the time of the exchange, and the method of data exchange. AssetWorks and the project team will develop a mutually acceptable plan and schedule for the work to be completed and identify the resources and timeframe required for the efforts. AssetWorks assumes BOYNTON will involve the appropriate staff to reach consensus and decisions on all interface specifications during the discussion and according to the proposed timeline. When interfacing to applications such as Enterprise Resource Planning (ERP) systems, AssetWorks makes use of XML (eXtensible Markup Language) data streams. Using XML, external applications access MAXQueue, the AssetWorks EAM integration module, to interact directly with the AssetWorks EAM components in real-time, applying all the standard AssetWorks EAM business rules and processing logic. This has the same effect on the data as if it was manually keyed into a standard AssetWorks EAM page. AssetWorks can create an on -demand or scheduled batch interface that uses text files to update or extract records in AssetWorks EAM. When AssetWorks EAM has been interfaced to export data to flat file legacy systems, programs are created that insert rows into the target transaction file. In some cases, intermediary staging tables are used in lieu of file transfers. Using MAXQueue, users can setup recurring schedules to execute individual interfaces. For inbound batch integrations, AssetWorks EAM looks in a standard file directory or to a staging table for incoming data. When data is found, AssetWorks EAM processes the data through MAXQueue in the same manner as the real-time interfaces. For outbound data, when the interface is executed, AssetWorks extracts the data into either a data file or a staging table. 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 418 of 1018 STATEMENT OF WORK PAGE 18 In general, MAXQueue supports a wide range of communication methods and protocols and the ability for different topic subscribers to use different protocols and processes (example: a real-time purchasing interface connecting to a SOAP (Service Oriented Architecture Protocol) server and pulling down XML documents, side-by- side with a batch -driven interface that uses FTP (File Transfer Protocol) to pass a formatted text file). MAXQueue is a separate module from the base application of AssetWorks EAM, allowing it to be installed in a customer's DMZ (if preferred, but not required), allowing communication between internal databases and external vendor systems without compromising network security. Al A X MAXQueue includes a user interface which may allow interfaces to be configured by customers and typically provides the customer with the flexibility to control when and how often interfaces are processed. When a business event occurs in an AssetWorks product or in the external system, the other product receives pertinent data for further processing, storage, or both. Typically, the data has been completely processed in the initiating product before being passed and it is simply stored in the receiving product for reference purposes. AssetWorks Confidential and Proprietary 1 07.26.22 Page 419 of 1018 STATEMENT OF WORK i iT,JIH °i tY J0.97 r;,U k3urn �.Y as �[,v.,.a 1,6 ur y ,si. r , v �. r�u^ra w !ire,, , r rry q�'ll3. 'r"/; tnm�wvrrvwunmm xwwr; Y r dl Erin r Liwemk u�r ... ... ��j, �fi{ 5etd R MM 16 C a n ------ a at Current d en �. w ^Yam w e E pa ed � � IFN laid®➢W II M 1f p�^�m vara p W IfO enEwhata ".. .. ,.,".. i Kiet EarfSast lPendio� ���l�lNE � �� �ka t iNu�J _ � I � � � d tlDir d7 f1 a NJ71t7 dF4YL Ee@t _ , ,...,. __ .-.--. Stet Vera F., ... p� �""�y����� IIPf leida76a 11.,.OM1... . . ,� IP pentl... G, � TsetErrarMtmsaa e: -- •+k INaPeuadin Aaaaunt�n Padad 6 . ......................" _...ExVS2s ..m .. ....... ........ IIfM 9[41PFVC)J f riry mC`N�'i�1 10 nq1 ¢,%9a ......_ �I({I tL'Okltdip� y y ( VJ'!Itl"d Yj __ ____ (lrr Update N 1 dpe (J XM F 9Po d llpm t W P. ft9 Ctl d() I©t4tV �] IfF._1Fs'R@fYL9ll uaensiih'.i¢+m n 4w na ramvq, Ida7a CvmN � ,. sk l�Poa111.1 LIV1 aly 1, Set PENL IM4 6 Xal )M Update NleLw'b"entldhg Cle&e ... e4 �dat?l RSarlel1Ild Iu�Oar{N"AU """.N{ SCi Nfalrs� _... lIG 1C15J72G � �qC ISVNruaf�7 PAGE 19 WL Fad 'se{Vars AssetWorks has is proposing the following interfaces with BOYNTON's other enterprise systems. For each of the following scenarios, AssetWorks has provided the proposed workflow or interface. These recommendations are based on our experience, and best practices for maintenance system integration. AssetWorks is willing to discuss alternative, more (or less) extensive integration options and designs with BOYNTON to ensure the optimum solution. However, for the basis of this SOW, the following assumptions and designs have been incorporated as the basis for the pricing provided. The project team will define a detailed specification for each interface before any development work begins. Fuel Interface (WEX) AssetWorks will provide services to build and process a fuel interface for the customer's fuel system into AssetWorks EAM. The interface will expect a single flat file that contains all fuel data across the organization. The File will be loaded to a shared location or FTP location for AssetWorks (if FTP location, a login must be granted with read/write permissions) to pick up for processing and then archiving/file deletion. One file format is required across the organization with one agreed upon overall data mapping from 3rd party fuel system to AssetWorks EAM fields. Data sent in the file is required to contain appropriate information to enter or lookup AssetWorks EAM specific code data such as employee/operator ID, etc. Mapping will be able to be configured only for Fuel Types, but must apply generically across all files, or be unique across all, in that the data can only link to one code within AssetWorks EAM. Example: File(s) can contain "UNL" and "UN" both which map to AssetWorks EAM's fuel code of "UN" for unleaded. But the values of "UN" within the files cannot be mapped to two different values within AssetWorks EAM; there must only be one fuel type that "UN" or "UNL" matches. Utilizing only a flat file, the interface will go one direction from 3rd party fuel system to AssetWorks EAM to create fuel tickets on either the External or Internal Fuel Ticket 10 , AssetWorks Confidential and Proprietary 107.26.22 Page 420 of 1018 STATEMENT OF WORK PAGE 20 screen (dependent on the fields utilized) with a maximum of ten (10) fields being sent per fuel ticket line. Basic fields for inclusion in a fuel ticket assumes the following to be sent within the file: 0 Date/Time 0 Meter (at time of fueling) 0 Equipment ID (must match AssetWorks EAM ID or match to an associated fuel card ID on fleet equipment record) 0 Fuel Type 0 Quantity 0 Total Price • The interface will only process fuel items; fluids or other product IDs (car wash, etc.) are not included in this quote. • The interface will not include update to the operator/employees records with any inserts, updates or deletes of those data records. • The interface assumes usage of all AssetWorks EAM settings out of the box, no additional rules outside of standard application logic to be used such as advanced lookups or data transformations. • The interface assumes usage of the standard MAXQueue error handler, no additional processing rules for errors will be used. • If more fields/details, multiple screens or advanced logic is required, it will require a change order. • The rules for all locations/departments and configurations will be the same, aside from given outlined mapping ability noted above. If other different rules are needed, a requote will be required. • Customer is responsible for coordinating FTP file transfers. • All services will be performed remotely using web teleconferencing. • Testing is client responsibility within 30 days of interface delivery by AssetWorks. • Costs are for a fixed fee project and do not include applicable taxes. Milestones are to be billed upon delivery of specifications and/or delivery of the custom deliverable(s) with the amounts noted and described in the milestone schedule further below. Fuel Interface (Fuel AssetWorks will provide services to build and process a fuel interface for the customer's Master) fuel system into AssetWorks EAM. The interface will expect a single flat file that contains all fuel data across the organization. The File will be loaded to a shared location or FTP location for AssetWorks (if FTP location, a login must be granted with read/write permissions) to pick up for processing and then archiving/file deletion. 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 421 of 1018 7J�1DN�r���IJ1, ou STATEMENT OF WORK PAGE 21 One file format is required across the organization with one agreed upon overall data mapping from 3rd party fuel system to AssetWorks EAM fields. Data sent in the file is required to contain appropriate information to enter or lookup AssetWorks EAM specific code data such as employee/operator ID, etc. Mapping will be able to be configured only for Fuel Types, but must apply generically across all files, or be unique across all, in that the data can only link to one code within AssetWorks EAM. Example: File(s) can contain "UNL" and "UN" both which map to AssetWorks EAM's fuel code of "UN" for unleaded. But the values of "UN" within the files cannot be mapped to two different values within AssetWorks EAM; there must only be one fuel type that "UN" or "UNL" matches. Utilizing only a flat file, the interface will go one direction from 3rd party fuel system to AssetWorks EAM to create fuel tickets on either the External or Internal Fuel Ticket screen (dependent on the fields utilized) with a maximum of ten (10) fields being sent per fuel ticket line. Basic fields for inclusion in a fuel ticket assumes the following to be sent within the file: 0 Date/Time 0 Meter (at time of fueling) 0 Equipment ID (must match AssetWorks EAM ID or match to an associated fuel card ID on fleet equipment record) 0 Fuel Type 0 Quantity 0 Total Price • The interface will only process fuel items; fluids or other product IDs (car wash, etc.) are not included in this quote. • The interface will not include update to the operator/employees records with any inserts, updates or deletes of those data records. • The interface assumes usage of all AssetWorks EAM settings out of the box, no additional rules outside of standard application logic to be used such as advanced lookups or data transformations. • The interface assumes usage of the standard MAXQueue error handler, no additional processing rules for errors will be used. • If more fields/details, multiple screens or advanced logic is required, it will require a change order. • The rules for all locations/departments and configurations will be the same, aside from given outlined mapping ability noted above. If other different rules are needed, a requote will be required. • Customer is responsible for coordinating FTP file transfers. • All services will be performed remotely using web teleconferencing. • Testing is client responsibility within 30 days of interface delivery by AssetWorks. AssetWorks Confidential and Proprietary 1 07.26.22 Page 422 of 1018 STATEMENT OF WORK PAGE 22 • Costs are for a fixed fee project and do not include applicable taxes. Milestones are to be billed upon delivery of specifications and/or delivery of the custom deliverable(s) with the amounts noted and described in the milestone schedule further below. Billing Module File Billing Module Implementation Scope and Assumptions Output Interface AssetWorks will provide services to implement the Billing Module in FleetFocus and provide technical and functional support for out of the box application functionality. AssetWorks will also install a MAXQueue package, configure module settings, setup billing types, test, train, and support remotely. Billing Module includes transactions for assets for the following items in FleetFocus: work order (labor, parts, commercial) charges, fuel, direct issues (labor, parts, commercial), recurring charges (depreciation, insurance, lease expense, licensing, monthly, other fixed 1, other fixed 2, other fixed 3, replacement), motor pool, special fees, base usage (base rate end of period usage charges), and usage ticket charges. All these items expect to use FleetFocus standard fields and functionality and does not consider re -purposed data fields or functionality being used in an unintended manner within FleetFocus. The Billing module does not include any transactions prior to turning on the interface in MAXQueue. Billing Module only bills transactional line items and does not bill based on the header status (ex: closed) of a work order. This allows for greater flexibility in gathering charges regardless of status or a re -open of a work order. All transactions that are set to bill on an asset based on the billing type associated with that asset will automatically be added to additional tables in the application which are separate from the main tables for data. This is in the event the customer wants to manipulate a charge before billing is run and allows for different billing per asset if required per the customer defined billing types. The transactions are automatically added to customer defined "periods" in the application and can be used by an interface for seamless billing. If the Customer chooses to not bill a certain transaction in a period, they are able to manually move out any transactions that should not billed from the current period to the next accounting period; this is not a common occurrence but can be helpful based on various situations. Then the current period can be locked to ensure no new transactions go into that period once billed and customers can bill the new and/or moved transactions later or continue to move transactions from period to period as needed. • Billing Module only supports line -item percentage markups. • Billing Module does not support Work Order header overhead costs or small parts markups. 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 423 of 1018 STATEMENT OF WORK PAGE 23 • Billing Module is not location based but rather by account or department in terms of rollups and viewing transactions within a specified period. Training assumes a train -the -trainer approach for system administrators and where applicable, standard training materials will be utilized; scope does not include customized training materials. Training will include module functions, workflows and an overview of the out of the box Billing Module reports. Billing Module File Output Interface Scope and Assumptions AssetWorks will provide the services to develop an A/P output with the customer's A/P (ERP) system. The interface assumes a one-way send of transactional data from FleetFocus to ERP on FleetFocus status change for periods setup in the AssetWorks Billing Module. Once the status change is made for a Billing Module period, MAXQueue will poll for that change on a customer defined timer to send the data as needed, such as monthly (trigger defined in final business process workflows with AssetWorks.) and include transactions posted in that period for use in upload to an ERP system and not in a Crystal report format. The interface assumes a standard FleetFocus billing process with workflow setup in the AssetWorks' Billing Module (see scope and assumptions for separate Billing Module Implementation Services). Output will only include data available in the tables populated by the billing module (all tables starting with "ACCT_") and assumes there is no additional rules outside of the base FleetFocus application logic and basic rollup or tallying for transactions (group by Account, Work Order or Department, etc.). The customer will provide the services to have the A/P (ERP) system load and process the data. If any other data or custom processes are to be included in the file a re -quote will be needed. The interface will create a custom flat file output (format is to be determined) to be sent to a shared network drive or FTP site from which the customer's billing application will process the file. Costs are for a fixed fee project and do not include applicable taxes. Milestones are to be billed upon delivery of specifications and/or delivery of the custom deliverable(s) with the amounts noted and described in the milestone schedule further below. Bi -Directional AW to Scope and final cost is to be determined. Naviline Parts Request / Naviline to 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 424 of 1018 STATEMENT OF WORK PAGE 24 AW - NFI Parts Issue Interface WBS A.S.0 Train & Test WBS A.5.1 Pre -Training Testing Services Prepare Standard Test Plan AssetWorks will first provide its standard AssetWorks EAM test plan. BOYNTON is responsible for any changes to the test plan. The test plan will consist of but not be limited to the following functional and data validation test cases: • Add and modify equipment primary information • Add and modify parts primary information • Open a repair order and a PM order for an equipment unit • Charge labor to the work orders and verify the charges of hours and costs • Charge inventory parts to the work orders and verify the charges of quantity and cost as well as proper inventory relief • Charge commercial charges to the work orders and verify the charges of labor and parts • Close the repair and PM orders • Verify work order charges (labor, parts and/or commercial services) • Adjust parts inventory both upward and downward • Click on and generate a standard Crystal reports • Verify a sample of asset master records • Verify a sample of part master records Testing Methodology AssetWorks organizes its user testing into functional groups and works with BOYNTON to identify the appropriate internal group to participate in testing for their designated functional group(s). Prior to the testing session, AssetWorks will verify the security and access control functions for User Groups with BOYNTON. Each group will work through all test cases for a functional group in a single session and document the results. At the end of the testing session, all results are to be submitted to AssetWorks to review with BOYNTON. If a test case was unable to be completed, the cause will be determined, whether it is further training and/or additional configuration needed. If the failed result is not related to training or configuration, it will be submitted to AssetWorks Customer Care to be reviewed and resolved or passed to AssetWorks Product Management for further analysis. Depending on those results, it may require the customer to either upgrade immediately or in a future release and/or decide if the item is critical for the initial go live phase. The core BOYNTON project team will make this decision with AssetWorks acting in an advisory role. 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 425 of 1018 STATEMENT OF WORK PAGE 25 The test cases will be repeated until all cases are documented as passed, by each designated group at BOYNTON for each relevant functional group as determined by project needs. Note that a project team may opt to not elect to use all core system functionality for the initial project launch. As such, the group will discuss, document, and agree to remove specific test cases in this even from the standard test plan. All core functional groups are listed below but not limited to these example topics in associated testing areas: 1. Purchasing - replenishment, purchase orders, receipts 2. Asset Management - campaign/recalls, adding/modify equipment 3. Work Management - work orders, service requests, logging time, part requests 4. Materials Management - issuing parts, adding parts, inventory counts, inventory transfers Testing Document Example: AMM 1 '■M 1 N � '. iM ■ IN0. . t Add and IMbdiify Equipment Primary record; Add records, I . Cock, Screens 2'. Search) for (Fleet Equipment, Component oia Stationary Equipirneird 3. Click. New ikon 4. Ender the folllovAngl required detdls: ■ Basic Info - Equipment. (IIID Basic Info - Model ye=af ■ Basic Info, - Manufacturer IID ■ Basic Info - Model (IIID Basic Info - Equipment, type ■ Basic Info, - Description ■ Basic Info - Serial number ■ deter Il - IEquilpment, class for meter types ■ Classes, - IEquiipment class. for: Maintenance ■ Classes, - Equipment class. fair,. PIM program ■ Classes - IEquiipmenl class for:: Standards ■ Classes - Equipinieni, lass fore: Retal rates; ■ Classes, - IEquiipment class. for: Resources ■ Classes - Asset category IIID ■ Locations - Location type,: Assigned PTO ■ Locations - Location type: Assigned Repair ■ Asstrglnlrnlents - IDepartinuern MLR ■ Asswglnunienits - Department to notify fair PM ■ Accounts - Account ID for Assignlrmneri (depends, on cpboni), ■ Status - Life cycle sd',atns code ID ■ Autholrization -" Rork ordeirs ii to Y as needed ■ Authorization Usage tickets (set to Y as needed ■ Auttuorization - F'uell tickets (set to Y as neededl) Support System Test Plan Execution AssetWorks will support the core BOYNTON team as they test the AssetWorks EAM system features to display the converted data in the test environment, according to the above standard test plan and methodology. The objective AssetWorks Confidential and Proprietary 1 07.26.22 Page 426 of 1018 STATEMENT OF WORK PAGE 26 is to be able to run through the various testing scenarios, validate the data and system configuration, identify areas for adjustments, and facilitate retesting where needed. This test plan will be executed according to the schedule agreed upon by BOYNTON and AssetWorks during the project. AssetWorks will provide remote support for system testing for up to 12 hours. BOYNTON will perform and document the test results within 30 days of receiving the standard test scripts. Deliverable for Testing Services 7J�1DN�r���IJ1, ou • Deliver AssetWorks EAM out of the box user test scripts to the customer • Support the customer with questions as customer performs and documents test results AssetWorks Confidential and Proprietary 1 07.26.22 Page 427 of 1018 STATEMENT OF WORK PAGE 27 WBS A.5.2 Training Services The training will be role -based and will differ for trainees from the various organizational and functional areas. Each BOYNTON trainee will have the basic skills in the overall use of AssetWorks EAM and strong knowledge of how to use the application in his or her specific job function or area of expertise. The deliverables will not include remedial training for computer skills or any computer-based training. Training Overview AssetWorks will provide up to 36 hours/4.5 days of system administration and training in the configured base application and add-on modules for the roll-out of AssetWorks EAM (according to the project plan) for up to ten users per class (assuming BOYNTON's training facility has enough workstations for these training sessions). All training will be held at one central location or remotely as determined by the final agenda and project needs. The topics and workflows included in the training will be those finalized by BOYNTON team during the system setup and follow-up tasks. However, BOYNTON should remain especially sensitive to necessary last-minute procedural changes or clarifications based on trainee feedback. Training Preparation AssetWorks will provide its standard training plan, standard training materials and begin scheduling and planning for the training. BOYNTON is authorized to tailor the standard training materials to apply branding and match workflows specific to BOYNTON. AssetWorks training materials assume all users are familiar with a Windows environment; the AssetWorks training will not include any Windows or remedial computer training. The training will cover work order functions; parts and labor posting functions; and other common features a nd transactions. The topics and workflows included in the training will be those finalized by BOYNTON team during the system setup and follow-up tasks. Any deviations in the defined and agreed upon workflow will cause delays and added costs to the training. AssetWorks will provide a master electronic version for BOYNTON Project Manager. BOYNTON will produce and provide copies (across all roles) of the final training materials for use during the training sessions. BOYNTON will be authorized to reproduce and use any training materials for ongoing training within BOYNTON. Training Sample Schedule and Typical User Role Participation Class ID Class Name Date Time Participants FF101 Work Management Portal - Part 1 Day 1 8:00 am — Supervisor 12:00 pm Service Writer Fleet Manager Admin Office FF102 Work Management Portal - Part 2 Day 1 1:00 pm — Supervisor 5:00 pm Service Writer 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 428 of 1018 STATEMENT OF WORK PAGE 28 Training Courses FF101- Work Management Portal — Part 1 In this course, participants will learn how to use the AssetWorks EAM Work Management portal to manage the daily operations within the maintenance areas. In hands-on exercises, participants will practice creating repair and PM work orders, directing employee assignments, accessing equipment work order history, managing service 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 429 of 1018 Fleet Manager Admin Office FF103 Technician Portal Day 2 8:00 am — Technician 12:00 pm Supervisor Fleet Manager FF103 Technician Portal (*offered twice to ensure Day 2 1:00 pm — Technician daily operations are properly maintained) 5:00 pm Supervisor Fleet Manager FF104 Storekeeper Portal Day 3 8:00 am — Storekeeper 12:00 pm Fleet Manager Admin Office FF105 Enterprise Purchasing and Inventory Day 3 1:00 pm — Storekeeper Management 5:00 pm Fleet Manager Admin Office FF106 Customer Access & Service Request Portals Day 4 8:00 am — Fleet Manager 10:00 pm Admin Office FF107 Fleet Administrator and Equipment Day 4 10:00 am — Supervisor Management 12:00 pm Fleet Manager Admin Office FF108 Reporting Portal Day 4 1:00 pm — IT 3:00 pm Fleet Manager Admin Office FF109 Ad Hoc Query Portal Day 4 3:00 pm — IT 5:00 pm Fleet Manager Admin Office FF110 Application Administrator Remote 4 hours IT Fleet Manager Admin Office Training Courses FF101- Work Management Portal — Part 1 In this course, participants will learn how to use the AssetWorks EAM Work Management portal to manage the daily operations within the maintenance areas. In hands-on exercises, participants will practice creating repair and PM work orders, directing employee assignments, accessing equipment work order history, managing service 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 429 of 1018 STATEMENT OF WORK PAGE 29 requests, generating shop schedules and multi -unit work orders, and executing reports. Training will cover the areas below and additional areas necessary to answer questions regarding shop operations. • Work Management Portal overview • Gadgets & Layout options • Work Orders — Repair • Equipment Due for PM/Inspection • Work Orders — PM • Work Order assignment • Work Orders — Posting Charges (after the fact) • Work Orders — Reviewing Charges • Work Orders — Finishing/Closing • Work Orders — Printing • Work Order Summary • Commercial Charges • Parts Requests FF102 - Work Management Portal — Part 2 In this course, participants will learn how to use the AssetWorks EAM Work Management portal to manage the daily operations within the maintenance areas. In hands-on exercises, participants will practice creating repair and PM work orders, directing employee assignments, accessing equipment work order history, managing service requests, generating shop schedules and multi -unit work orders, and executing reports. Training will cover the areas below and additional areas necessary to answer questions regarding shop operations. • Review of Maintenance Coding structures o PM class codes o PM checklist items o Task codes, etc. • Filtering in the Work Management Portal • Using the Asset Viewer • Shop Calendar • Employee Management • Time Sheets • Historical Costs • Service Requests/Defects • Generating Work Management Portal reports • Work Order — Multi -unit (as needed) FF103 -Technician Portal In this course, participants will learn how to use the AssetWorks EAM Technician portal as a maintenance tool to manage tasks they perform on a day -to -basis. In hands-on exercises, participants will practice accessing the system, clocking in and out, viewing work status and assignments, managing individual time reporting, posting time to work order tasks, changing/adding tasks to work orders, requesting parts, completing PM checklists, and 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 430 of 1018 STATEMENT OF WORK PAGE 30 creating service requests. • Technician Portal overview • Review of Critical Coding structures o Task codes o Work Accomplished Codes o Work Delay Codes o Priority Codes • Technician Portal —Work Orders o Clock in and out o Using the Asset Viewer o View work status and assignments o Job on and off tasks (real-time) o View work order history o Find existing work orders o Putting work orders in delay o Work Order Main page and action buttons o Modify tasks o Request parts and commercial services o Add notes to work orders and tasks o Search for existing work orders o Work order postings (after the fact) o Complete PM checklist items (as needed) o Finish work order o View personal daily timesheet o Generating technical portal reports • Technician Portal — Indirect time tracking FF104 - Storekeeper Portal In this course, participants will learn how to use the AssetWorks EAM Storekeeper Portal as a tool to manage part transactions coming from the shop daily. In hands-on exercises, participants will practice issuing parts, cancelling part requests, creating new parts, ordering parts on a requisition or purchase order, receiving parts, and returning parts to stock and a vendor. • Enterprise Portal ■ System Operation & Navigation ■ Using the Filter to Search for Data ■ Part Primary ■ Part Location ■ Vendor/Part Information • Storekeeper Portal 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 431 of 1018 STATEMENT OF WORK PAGE 31 ■ Overview ■ Part request management ■ Part request detail ■ Set Notify flag ■ Issue parts ■ Ordering from part requests ■ Purchase order management ■ Updating purchase orders ■ Creating purchase orders ■ Line -item overview ■ Receiving parts ■ Deleting lines on a purchase order ■ Returning parts to a vendor ■ Creating a new part ■ Editing an existing part ■ Direct Issues ■ Generating Storekeeper Portal reports FF105 - Enterprise Purchasing and Inventory Management In this course, participants will learn how to use AssetWorks EAM to manage more complex areas of inventory management including enterprise purchasing setup, enterprise purchasing flows and replenishment management and inventory counts. • Enterprise Purchasing Workflow • Enterprise Purchasing codes • Enterprise Portal o Inventory Replenishment o Cross References o Vendor Contracts o Historical Costs o Inventory Counts o Generating Enterprise Purchasing reports FF106 - Customer Access and Service Request Portals In this course, participants will learn the basics of the AssetWorks EAM Customer Access and the Service Request module. This module is used for end users outside of the asset maintenance operation to view equipment, update operators on assets, view open work orders on assets by department and enter in meter readings, service requests and usage tickets. • View Assets AssetWorks Confidential and Proprietary 107.26.22 ud Page 432 of 1018 STATEMENT OF WORK PAGE 32 • Run Asset report • Update Operators • View Work Orders • Run Work Orders report • Enter Meter Readings • Enter Service Requests • Enter Usage Tickets FF107 - Fleet Administrator and Equipment Management In this course, participants will learn how to use AssetWorks EAM for managing the master equipment records, defining technical specifications/subsystems and recording fuel information. In hands-on exercises, participants will practice entering new assets, entering, and updating subsystems and properties information, campaign management, accident tracking, and posting fuel records. • Intro to AssetWorks EAM o Enterprise Portal introduction o System Operation & Navigation o Using the Filter to Search for Data • Fleet Equipment — Adding & Disposing assets • Component - Adding/Disposing assets • Component Relationships • Assignment History • Subsystems and Parts / Equipment Attributes • Accident tracking • Multi -Unit Projects & Recall Campaigns • Historical Costs • Equipment Renumbering • Equipment Warranty • Meter Readings — Assignments — Usage • Fuel Management o Setting up assets for fueling o Internal Fuel Tickets o External Fuel Tickets o Automated Fuel Tickets • Generating Equipment Management reports FF108 - Reporting Portal In this course, participants will learn the basics of reporting in the AssetWorks EAM system. It will cover both how to run existing Crystal reports, add them to favorites, set filters, and schedule them. This training does not cover creating or modifying out of the box Crystal reports or any SQL language queries. • Running Crystal Reports • Scheduling Reports • Exporting Reports AssetWorks Confidential and Proprietary 107.26.22 ud Page 433 of 1018 STATEMENT OF WORK PAGE 33 FF109 - Ad Hoc Query Portal In this course, participants will learn the basics of reporting in the AssetWorks EAM system. This session will cover the basics of the AssetWorks EAM Ad Hoc Query module that allows an end user to create simple queries of data from the system. AssetWorks will review a sampling (3) of the created, out of the box ad hoc queries. AssetWorks will not create new customer specific custom reports during the class. • Running Ad Hoc Reports • Building Ad Hoc Reports FF110 - Application Administrator In this course, participants will learn the basics of managing the AssetWorks EAM system from an application administrator perspective. It will cover adding and deactivating users, creating user groups, setting up UI controls, applying screen rights and viewing logs, setting up portals and general system admin rights as well as many other features. 7J�1DN�r���IJ1, ou • Admin Mode o UI Controls o Bulk Edit • Control Rights • Screen Rights • Report Rights • User Security o Options o Users o User Groups • Employee & Operator — adding and disabling • Table Management • End of Period • Activity Log • Web Administration o Confirm Version o Health Check o System Logs o View Database Model o Adding and managing tabs / module types • Quick Links • Welcome • Announcements • Events • Contacts • Web Modules Configuration o Web Module - Gadgets & Layout options (i.e., Work Management Portal, etc.) o Asset Profiles AssetWorks Confidential and Proprietary 1 07.26.22 Page 434 of 1018 STATEMENT OF WORK PAGE 34 • MAXQueue Designer Overview (optional — pending project requirements) BOYNTON will identify at least one "key user" on each shift to closely support the cutover, particularly after the training concludes. This individual will be responsible for answering initial end user questions and, most importantly, implementing subsequent changes or alterations to the documented procedures. AssetWorks recommends that these "key users" be those that attended the core team training sessions described above. Deliverables for Training Services 7J�1DN�r���IJ1, ou • Deliver AssetWorks EAM standard training agenda • Deliver AssetWorks EAM electronic standard training material; not customized • Deliver AssetWorks EAM training classes o FF101 - Work Management Portal — Part 1 o FF102 — Work Management Portal — Part 2 o FF103 —Technician Portal o FF104 — Storekeeper Portal o FF105 — Enterprise Purchasing and Inventory Management o FF106 — Customer Access and Service Request Portals o FF107 — Fleet Administrator and Equipment Management o FF108 — Reporting Portal o FF109 —Ad Hoc Query Portal o FF110 —Application Administrator AssetWorks Confidential and Proprietary 1 07.26.22 Page 435 of 1018 STATEMENT OF WORK PAGE 35 WBS A.6.0 Deployment WBS A. 6.1 Production Cut Over BOYNTON will commence live operations using AssetWorks EAM. AssetWorks staff will provide up to 48 hours of go live preparation, on-site and remote "go live" assistance for BOYNTON operation. This step is critical to success. During the post -implementation period, AssetWorks will provide support during normal working hours. When possible and agreed, AssetWorks will provide support to multiple shifts on a given day (e.g., by covering the last four hours of one shift and the first four hours of a second shift). AssetWorks will remain closely involved during this very critical period. AssetWorks will have one resources on-site for the go live week. After the first week, AssetWorks will be available remotely on an as -needed basis to answer questions and make sure the cut -over is progressing well. Of course, additional on-site and off-site support is available to BOYNTON under a separate Statement of Work. After this first week of go live AssetWorks will begin to transition BOYNTON to our Customer Care department for follow up support and ticket management. Deliverable for Deployment Services 7J�1DN�r���IJ1, ou • Customer begins use of AssetWorks EAM in a live production operation AssetWorks Confidential and Proprietary 1 07.26.22 Page 436 of 1018 STATEMENT OF WORK PAGE 36 AssetWorks proposes the following schedule to accomplish the tasks described below. This schedule is subject to change and dependent upon individual conditions and circumstances encountered during the project. AssetWorks will work with BOYNTON's project team during project kick-off to finalize the project schedule, which might extend or reduce the timeline below. 'FBS Cask €f.s. I.Firation €,Y'I City of 5WRIcrn Selena, FL Aeaetyl HM(Foeua 11Mitwn 267 days? .: .T ritiatio n 186 days 1 k ---- a Pn©1 ct Mana9eenaent Semv acs---- ---- ---- 186 days .1.1.1 Contract negetiah— cemple€e ---- ---Pre.Pare 6days',.0 112--- for and Conduct Remote Project Kick off ls7eetng 5day.s 1 1.3 Project ldanagemenf and Status Reporting 149 days 1 2 ..... a Hard— Acqu si ©m Se—nes--- 0 cry. .1.2.1 Procure --y hardware 6 days 1 7 A Scr are Application Installation 5eme ces 30 days :. 17.1 Create FlectFocus database end Install applications 3D days' .1 12 Document upgrade and software distribution process Ddays .2 ---- a Disc©ve.y ---- 5 d,ays;.''.,. 21 Current State Dscouely RIAe and System Overview Stays 7 ® Design 70 day's .7 .1 --- a SystemS.eHWirSenwices ---- ---- ---Provide 50d,aye 31.1 system setup consulting- 3D days d Build 115 do-ys? .4 .1 a System Comlfipuraton 5en ges 46 days?' A 1.1 Finalize data elements, coring and work flow 3D days 412... Ccriligur, modules IS days .41.8 Configure Billing kladule 1day2'',. 42 a Bata Cgnwerson 5—oas 55 days 42.1--- ----Batchprocess training ---- ---- ---- 5dsys . .422 Lad. aquipmant master retards 16 days .4 2.3 Load. Part master records 1 P days', '.. 42.4 Lead summary cost history 15 days .4 .3 1Tecq <a€l.S.."rees B5d,aye 4 3.2 linterf.— 65 days 4521. --- WEX Fuel €mterfaae ---- ---- ---- 55 days .4.].2.5 Fue€l. Master Fuel €ntertace 55 days 472.6 Blln{g Module OutputFle l',t,rface 65 days 4 3.2.0 B 0 r—renal AW t© Fdav line Parts Request; Nei to 55 days '. AW-NFI Psrcfls €s s ue Imterrose 5 ® Tram 6 Toet 901 days .5 .1 a Tasting S.envi:ees ---- ---- ---- ---ProvideStandard 75 d,aye 51.1--- Test Plan 5day.s 512 Support Standard Test Plan Execution 15 days .5 .2 a TRainnpy Semites 15 d,aye 52.1 Provide Standard Training Materials Stays 522... ---Proper, for Training 5days S23 Provide training to system administrators 5day.s 524.... Provide ten the trainer Stays .6 --. --. --. d 0eploynaertrt 14 drys .6 .1 a Producton Roll -Out Serv'i'ces 14 days .6.1.1 Prepare for cut -ower 5 days E 1 2--- ----C mmence Lire Operations ---- ---- ---- 5 days 61.5--- Provide go We support Stays Prosect Initiation Timeline Below is an outline of what to expect following an executed contract with AssetWorks for a AssetWorks EAM project. Named AssetWorks resources are assigned after contract execution. 7J�1DNIr���IJ1, ou • Project assigned to an AssetWorks Project Manager — within one week after contract execution • Installation of initiated - within one week after contract execution; earlier when possible. • Project hand off call between AssetWorks Account Manager, BOYNTON and AssetWorks Project Manager —within two weeks of PM assignment • Project kick off meeting scheduled between AssetWorks Project Manager, Implementation Consultant and BOYNTON - within two weeks after project hand off call. AssetWorks Confidential and Proprietary 1 07.26.22 Page 437 of 1018 STATEMENT OF WORK PAGE 37 • Initial system setup meeting between Implementation Consultant and BOYNTON - within two weeks after project kick-off meeting or at a time mutually agreed upon by both parties. • All other project execution activities follow the system setup sessions and will provided between the project plan and the Project Implementation Guide managed by AssetWorks. Professional services other than custom interfaces, enhancements and existing integrations/initiatives will be provided on a Time & Materials basis. Any custom interfaces, enhancements, existing integrations/initiatives and other modules as noted above will be provided on a Fixed Fee basis with specific milestone amounts and adheres to the milestone schedule listed below. Milestone Category/ Milestone Name Milestone Amount # Product (USD) Milestone 1 Hosting SaaS Environment - One Time Setup Fee $5,280 USD Milestone 2 Hosting SaaS Reporting Environment - One Time Setup Fee $2,640 USD Milestone 3 Custom Approved WEX Fuel Interface Specification $4,400 USD Interface Milestone 4 Custom Deliver WEX Fuel Interface in MAXQueue Package for $5,280 USD Interface Download Milestone 5 Custom Approved Fuel Master Fuel Interface Specification $4,400 USD Interface Milestone 6 Custom Deliver Fuel Master Fuel Interface in MAXQueue Package $5,280 USD Interface for Download Milestone 7 Billing Configuration of Billing Module in Test Environment $3,520 USD Module Milestone 8 Billing Training on Billing Module in Test Environment $3,520 USD Module Milestone 9 Custom Approved Billing Module Output File Interface $9,680 USD Interface Specification Milestone Custom Deliver Billing Module Output File Interface in $9,680 USD 10 Interface MAXQueue Package for Download Milestone Custom Approved "Bi -Directional AW to Naviline Parts Request / $10,560 USD 11 Interface Naviline to AW - NFI Parts Issue Interface' Specification Milestone Custom Deliver "Bi -Directional AW to Naviline Parts Request/ $10,560 USD 12 Interface Naviline to AW - NFI Parts Issue Interface" in MAXQueue Package for Download 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 438 of 1018 STATEMENT OF WORK PAGE 38 Any items listed as optional in the AssetWorks Order Form and not noted in the above Statement of Work can be added upon request. A full scope, deliverables and pricing will be appended into this SOW and presented back to the customer for review and prior to any final contract signatures. 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 439 of 1018 STATEMENT OF WORK PAGE 39 The following general assumptions apply to this proposal: General • Professional services other than custom interfaces, enhancements and existing integrations/initiatives will be provided on a Time & Materials basis. • Any custom interfaces, enhancements, existing integrations/initiatives and other modules as noted above will be provided on a Fixed Fee basis with specific milestone amounts and adheres to the milestone schedule listed above. • All professional services delivered will be invoiced at the beginning of each month following their delivery. • For all time and materials work provided in this Scope of Work as noted above, a signed change order and/or other legally approved amendment must be provided from the customer in order to proceed with the billing of additional costs not contained in this scope of work. The only exception being travel costs as that is variable and travel is provided as an estimate. • Any onsite services provided are done so as a minimum of three (3) days onsite and require a minimum of eight (8) hours a day to be billed by an AssetWorks' resource or four (4) hours if the resource is available for an additional half day. • Only those modules identified in the accompanying license agreement are to be implemented and are included in this Statement of Work. • Optional modules purchased after implementation has begun will require a change order or separate statement of work for services related to installation, configuration and training. • Where applicable, standard training materials will be utilized; scope does not include customized training materials. • Travel expenses will be reimbursed as incurred. Expenses include actual costs for lodging, air and ground travel and per diem rates for meal expenses (corporate rate/government agreement). • This Statement of Work does not include any costs associated with third party vendors or software not already provided by AssetWorks that may be needed to complete the implementation. • AssetWorks is the author, owner, distributor and sole source provider of fleet management software, professional services and maintenance services for the FleetFocus'm family of products which includes FleetFocus, FASuite, FA, AssetWorks EAM, M5, MCMS, M4 and AssetWorks EAM'm. Use of the products is subject to the Software License Agreement. • If this order is abandoned/paused by the BOYNTON for any reason mid -effort, the BOYNTON will be billed for all of AssetWorks time incurred at the current contracted labor rate. Project Delays When Professional Service days are contracted, they are removed from AssetWorks' capacity and considered sold to the customer, and as a result AssetWorks makes financial plans based upon the revenues it expects to achieve from the full performance of the contract. It is impossible for AssetWorks to know in advance whether or under what circumstances it would be able to resell the service days if the customer does not use them, either as the result of delaying or canceling meetings, tasks or deliverables. In most instances, when customers do not use the contracted time, AssetWorks is unable to resell those days or services. Even when days or services may be resold, it is costly to re -market the services, and such efforts divert effort to do so. While customer days have been held out of AssetWorks' capacity planning, AssetWorks may have turned away or delayed the start of other customers in order to meet AssetWorks' commitment to the customer. For these reasons, AssetWorks and the customer agree that in the event of delay or cancellation of scheduled project tasks and meetings at the customer's request within two weeks AssetWorks Confidential and Proprietary 1 07.26.22 Page 440 of 1018 STATEMENT OF WORK PAGE 40 of execution, AssetWorks shall be due compensation equal to the contracted amount to deliver the services cancelled including any travel expenses incurred in preparation for the delayed or cancelled services. Customer Resources • All functional and operational groups who will be using and/or impacted by the new system should participate in all the sessions which will be conducted once. Repeating previously run sessions may require a change order for additional project budget. • BOYNTON will provide the resources described in this Statement of Work to insure a successful implementation of the products. • BOYNTON will appoint a single point of contact for the duration of the project. This person should have project management responsibilities and decision-making authority. This person will be the focal point of contact for AssetWorks' Customer Support department. • All key BOYNTON project team resources will be committed to the project as of the project start date. • BOYNTON commits to training appropriate functional and technical resources as required. • BOYNTON is responsible for all manual data entry. • BOYNTON will have all of the necessary and appropriate personnel at all of the meetings for the purpose of defining the requirements of the system. If additional meetings are required to repeat discussions due to the unavailability of BOYNTON resources, additional cost will be invoiced. • AssetWorks will provide onsite training to BOYNTON (as outlined above) in a classroom environment suitable for training. AssetWorks recommends class size to not exceed 10 users to ensure proper attention can be given to individual users and maintain the needed pace to ensure training sessions are completed in a timely manner consistent with the training schedule. If training is proposed as all remote, then web conferencing tools will be used in place but the customer is still encouraged to not exceed 10 users to allow for effective training. • BOYNTON will be responsible for preparing the training facility. The training facility should include hardware comparable to that found in the actual work place. Some end-user training can take directly in the storerooms or on the shop • All training sessions will be based on standard application training materials. BOYNTON will be responsible for customizing training materials to meet its implementation requirements. • BOYNTON will make appropriate technical resources available to AssetWorks' consultants. • In the event that BOYNTON schedules on-site services and due to circumstances within BOYNTON's control AssetWorks' scheduled personnel are unable to perform such services, AssetWorks will be entitled to payment for each such scheduled personnel on the basis of an 8 -hour day. • AssetWorks will need assistance from BOYNTON to coordinate training and roll-out schedules, communications with field personnel and setting up training sites. Infrastructure 7J�1DN�r���IJ1, ou • BOYNTON will provide a project work area and infrastructure at the centralized implementation location appropriate for the size of the combined BOYNTON/AssetWorks project team. This infrastructure should include desks, chairs, telephones, and workstations with network access to printers and to the applications and implementation databases. • AssetWorks' consulting estimates do not include installation and/or configuration of any computer hardware and peripheral equipment. • BOYNTON will be responsible for installing and configuring computer hardware and peripheral equipment such as printers and bar code equipment (if applicable). • BOYNTON is responsible for providing browser access to the AssetWorks EAM'm application. AssetWorks Confidential and Proprietary 1 07.26.22 Page 441 of 1018 STATEMENT OF WORK PAGE 41 • BOYNTON is responsible for providing and maintaining TCP/IP connectivity with sufficient bandwidth from all user workstations to the AssetWorks EAMT` servers. • BOYNTON will receive all standard, out-of-the-box reports with the purchase of the reporting module; the reporting module leverages the Crystal Reports Server OEM Edition license. A non -production and production reporting environment will be implemented. • BOYNTON will utilize a single production AssetWorks EAMT` database. A test database instance will also be implemented. • The following information technology services are not included in this Statement of Work: network connections; telecommunications network(s); operating system, network and database administration; disaster recovery planning; the acquisition, installation, testing and tuning of any required hardware, operating software, peripherals and communications infrastructure. Project Management and Risk Factors • BOYNTON and AssetWorks will agree on scope, services, and deliverables for optional modules and services prior to the Notice to Proceed. • BOYNTON project manager will be responsible for obtaining any required authorizations, approvals and/or signoffs by BOYNTON related to project deliverables and project progression in a timeframe in alignment with the project work plan. Delays to this process as well as any BOYNTON tasks not completed within the work plan timeframe will be subject to the Change Order Management process, delayed deadlines, and increased services fees. • This Statement of Work does not include the expenses associated with BOYNTON or BOYNTON resources assigned to the project. • BOYNTON remains responsible for all integration effort not described in this Statement of Work • The project schedule is contingent upon the timely attainment of several external milestones that are outside the control of AssetWorks. Examples include but are not limited to the acquisition of the requisite software licenses and hardware and the approval of requisite capital appropriation requests as required. • Circumstances may necessitate changes to the tasks and/or time estimates, at which time AssetWorks and BOYNTON will discuss these changes in good faith at their earliest opportunity. • This proposed Statement of Work includes implementation support for only those optional modules, interfaces, and modifications listed in the task list. Any change to the proposed Statement of Work, particularly the implementation services, data conversion, interfaces, and application modifications, will be documented and follow the same procedures for new enhancements or change orders. • Unless otherwise noted, all integration, enhancement and report development effort quoted in this proposed Statement of Work are an estimate based on AssetWorks' experience providing similar services for other clients based on our current understanding of the requirements. AssetWorks will develop a detailed Development Specification for all services before proceeding with any development. • This Statement of Work includes services to determine BOYNTON's requirements and preparing the development specifications and quotes for only those development items identified in this Statement of Work. Any requirement analysis and specification work for additional items not identified in this Statement of Work would be done on a time and materials basis. Technical Services / Interfaces 7J�1DN�r���IJ1, ou Custom Reports Standard Terms • All custom reports require a licensed and installed Reporting Module in a non -production and production environment for reports to be run from the AssetWorks EAM web portal. • If AssetWorks is contracted to make modifications to a customer created report and identifies areas with incorrect design and/or data, AssetWorks will notify the customer immediately. If the customer requires AssetWorks to resolve the issue, it will require a change order. AssetWorks Confidential and Proprietary 1 07.26.22 Page 442 of 1018 7J�1DN�r���IJ1, ou STATEMENT OF WORK PAGE 42 • Customer is responsible for working with AssetWorks' Professional Services to provide their business process and identify specific system data mapping/elements requirements for the purposes of developing an approved functional and technical specifications for AssetWorks' Development to proceed with building a custom report. Product Enhancements Standard Terms • For all product enhancements, full and final design details will be determined by AssetWorks Product Management during the internal scoping process and discussed with the customer. Exact naming conventions and fields are subject to change upon creation of the specification document and final design by AssetWorks. • For all product enhancements, if the quoted design details are requested to change, all other noted scope and assumptions are negated and a re -quote or change order will be required. • All technical services must be re -quoted if not signed with 30 days of delivery of the quote. • AssetWorks reserves the right to adjust the above quoted delivery version and standard delivery timeline if this quote is not signed within 30 days of initial delivery or earlier if noted above. Custom Notifications Standard Terms • The custom notifications(s) assume usage of all AssetWorks EAM settings out of the box, no additional rules outside of standard application logic are to be used such as advanced lookups or data transformations unless noted above in the scope and assumptions. • The custom notifications(s) assume that only fields currently available within AssetWorks EAM are available to be sent and all fields utilized adhere to the AssetWorks EAM data type and field length of the specific field, unless noted above in the scope and assumptions. • Notifications(s) is quoted for only supported versions and only for a specific version if noted above in the scope and assumptions. • This notification(s) will be delivered in a future release if specified above or a custom package for customer's current version, as determined by AssetWorks during development phase. Notifications are quoted for only supported versions and assumed logic is quoted utilizing the latest major build release. • All custom notification(s) require a licensed and installed MAXQueue Integration Module in a non- production and production environment. Custom Interfaces Standard Terms • The custom interface(s) assumes usage of all AssetWorks EAM settings out of the box (i.e., user security rights by screen level, no PMs on repair orders, requirement of work accomplish codes on tasks, etc.), no additional rules outside of standard application logic are to be used such as advanced lookups or data transformations unless noted above in the scope and assumptions. • The custom interface(s) assumes that only fields currently available within AssetWorks EAM are available to be sent and all fields utilized adhere to the AssetWorks EAM data type and field length of the specific field, unless noted above in the scope and assumptions. • Interface is quoted for only supported versions and only for a specific version if noted above in the scope and assumptions. • This interface will be delivered in a future release if specified above or a custom package for customer's current version, as determined by AssetWorks during development phase. Interfaces are quoted for only supported versions and assumed logic is quoted utilizing the latest major build release. If a version of the interface is requested to be delivered that is lower than the version noted in the approved specification, it will require a change order. AssetWorks Confidential and Proprietary 1 07.26.22 Page 443 of 1018 7J�1DN�r���IJ1, ou STATEMENT OF WORK PAGE 43 • The customer must ensure their non -production system version matches the production system version until final interface testing is complete. Otherwise, a change order may be required to ensure the interface is compatible to a prior version. • Interface errors or rejects will be sent to the MAXQueue error handler to review/reprocess. Customer is responsible for the management of errors/rejects; standard error processing rules and logic of AssetWorks EAM will apply. • Unless noted above in the specified interface scope and assumptions, all custom interfaces quoted only allow for all errors to be directed to a single MAXQueue error portal for review and re- processing. If as an example, multiple groups within an organization need to see separate errors based on variable criteria or by their group in different MAXQueue error portals, it would be considered a change request. • Customer is responsible for any errors outside of AssetWorks EAM from any external system, and these will not be processed through AssetWorks EAM. • Customer is responsible for working with AssetWorks' Professional Services to provide their business process and identify the external system data mapping/elements requirements (i.e., web services, XML, APIs, etc.) for the purposes of developing an approved functional and technical specifications for AssetWorks' Development to proceed with building a custom one-time integration. • Customer is responsible for coordinating and sending requested sample data files, web services schemas, coordinating FTP file transfers and any other technical information such as the required external system mapping of data elements and/or files requested by AssetWorks for functional and technical specification(s) creation, development and/or quality assurance purposes. • Customer is responsible for building their side of the interface(s) for the external system(s) to push and pull data based on the direction specified as part of the interface; customer is also responsible for resolving any firewall issues related to accepting or sending data on their side. • If using web services or APIs, the customer must provide a fully maintained web service and API from the external system. The interface assumes the 3rd party technology is available within the AssetWorks EAM standards to be able to access these methods and services. The customer's system must be capable of providing AssetWorks with the proper services and/or connections so that AssetWorks EAM can distinguish data updates such as "INSERT" and "UPDATE" data and send items using triggers rather than timers. AssetWorks EAM will process each change in this method specified, as it is received. AssetWorks EAM assumes no call backs from 3rd party system web services or APIs that require additional data transformations. • If the integration is scoped to accept attachment transfers, the customer must send one file per transaction and must send them in the AssetWorks EAM supported format. • All custom interface(s) require a licensed and installed MAXQueue Integration Module in a non- production and production environment. Custom Deliverable(s) Standard Terms • All technical services must be re -quoted if not signed with 60 days of delivery of the quote. • AssetWorks reserves the right to adjust the above quoted delivery version and standard delivery timeline if this quote is not signed within 60 days of initial delivery or earlier if noted above. • Signed functional and technical specification(s) take precedence on all design and development. • Development delivery timelines will be set upon signature of the specification by the customer; average scheduling is within a 90 -day delivery window post -signature, though can vary based on date of signature. These dates will be coordinated as part of the project plan once specifications are signed. AssetWorks Confidential and Proprietary 1 07.26.22 Page 444 of 1018 STATEMENT OF WORK PAGE 44 • For AssetWorks to begin development, a customer approved custom deliverable specification(s) with data mapping to the AssetWorks EAM database must be reviewed, approved, and signed by the customer; this includes any iterations after the initial approval. • Approval of all functional and technical specifications are required by the customer within 45 days of delivery by AssetWorks or AssetWorks reserves the right to adjust the delivery version and delivery timeline. • Testing is the customer's responsibility and expected to be completed within 30 days of delivery of the custom deliverable(s) by AssetWorks, unless otherwise noted. If the custom deliverable(s) is a product enhancement, the Customer will be required to complete testing in the first available version containing the product enhancement, including an early delivery release if made available. • All services will be performed remotely using web teleconferencing, unless otherwise noted. • Non -production and production are required to be on a generally available (GA) release and the supported version(s) per assumptions noted above for custom deliverable(s). • Customer may be required to upgrade, if AssetWorks EAM business logic changes in future releases that impacts the dependencies for the custom deliverable(s). Upgrade services for AssetWorks EAM are not included, unless otherwise noted. • If customer changes their database type after signing design specifications a change order will be required. • If a customer's internal systems (i.e., ERP) require any additional analysis, configuration and/or development to support the proposed custom deliverable(s), AssetWorks assumes the customer will provide internal resources to immediately resolve any work and/or process resolution needed to support the agreed upon project timeline. If AssetWorks is required to assist, a change order will be necessary. • Customer will make appropriate technical resources available to AssetWorks' consultants and have all of the necessary and appropriate personnel at meetings for the purpose of defining the requirements of the system and project. • Customer will appoint a single point of contact for the duration of the project. This person should have project management responsibilities and decision-making authority. This person will be the focal point of contact for the AssetWorks' Professional Services and Customer Care team. • Customer is responsible for the setup of all AssetWorks EAM data that is required to support the custom deliverable(s), unless otherwise noted. • AssetWorks assumes customer utilizes an internal system administrator to maintain all aspects of AssetWorks EAM configuration, user training and system administrator duties as required to support this custom deliverable(s). • Customer will be responsible for working with the AssetWorks' Professional Services and Customer Care teams to move the custom deliverable(s) into a production environment. Logistical and Scheduling Support AssetWorks will need assistance from BOYNTON to coordinate training and roll-out schedules, communications with field personnel and setting up training sites. Procedures for Handling Change Orders If there is a change to the scope, or additional requirements to the project, these will be documented in the project change log, and the AssetWorks PM will review these potential changes with the BOYNTON PM to determine the need and priority for the change. If the change is something that will be required, then the next determination would be who will be responsible for executing the change, if the change will result in a change of scope requiring additional support or effort from AssetWorks a formal change order request will be developed and provided to BOYNTON for review and approval to be added to the scope of work. Any changes to the scope of 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 445 of 1018 STATEMENT OF WORK PAGE 45 work will be reflected in the project decision log and will result in updates to the project scope of work, schedule, and budget, including the addition of any additional milestones. Only after all parties agree on the need for the change, and the plan for integrating the change into the overall implementation project plan, would AssetWorks begin work on this change. Confidentiality This proposed Statement of Work (SOW) contains CONFIDENTIAL INFORMATION of AssetWorks LLC. In consideration of the receipt of this document, BOYNTON agrees to not reproduce or disclose this information except to BOYNTON employees directly involved on a "Need to Know" basis. 7J�1DN�r���IJ1, ou AssetWorks Confidential and Proprietary 1 07.26.22 Page 446 of 1018 ORDER FORM AssetWorks LLC 998 Old Eagle School Road, Suite 1215 Wayne, PA 19087 Ship To City of Boynton Beach 222 NE 9th Avenue Boynton Beach, Florida 33435 United States guzmanm@bbfl.us Order #: Q-08494-3 Date: 03/21/2022 Expires On: 09/30/2022 Bill To City of Boynton Beach 222 NE 9th Avenue Boynton Beach, Florida 33435 United States Unless Customer has a separate written and signed agreement with AssetWorks, this Order Form and SOW Q-08494 is subject tot e terms of the AssetWorks Online Master Agreement located at '7!!"r � //"w"w" w asseto' rirlk p .carr /t"c FIeeU' which are hereby incorporated into this Order Form. Parties agree to be bound by those terms and conditions. Annual SaaS Subscription FeesQTY UNIT PRICE ANNUAL TOTAL EAM Standard Base License Asset Management Services not in Scope Capital Planning Services not • Asset Performance Assessment•• FunctionalityMapping - - not • MobileFocus Enterprise SuiteServices notScope Esri GIS Integration Services not • IBS HUB Integration Services not o . -- - Services not • Customerpe - tIntegrationServices Included •-• rk and Services Included Motor Pool Reservations Services Included KPI/Dashboards Ad-Hocoo Reporting Module*.. Custom• Maintenance 4 Integrations) Page 1 of 2 Page 447 of 1018 Professional Services for Fleet Implementation Project Management Services Line Total soon HIPM9 M44 SaaS Environment Setup Fee SaaS Subscription Fee Project Kickoff & Orientation System Setup Services onson.T;w;Tons "Is System Configuration Services Data Conversion Services soon HIPM9 M44 WEX Fuel Integration K.Y.T;no "Is Fuel Master Fuel Integration "Is Testing Services Training Services "Is Go Live Support Services Travel Costs — estimated, billed as incurred (2 trips) SENSE.T. I �44 I Total Cost Summary Description Year One Total Cost ANNUAL TOTAL SaaS Subscription Fee —Year 2 SaaS Subscription Fee —Year 3 SaaS Subscription Fee —Year 5 In the event Customer's business practices require that Customer issue a purchase order number prior to payment of any AssetWorks; invoices issued under this Agreement, then such purchase order number must be entered below. Customer's execution of the Order Form without designating a purchase order number shall be deemed Customer's acknowledgement that no purchase order number is required for payment of invoices hereunder. Purchase Order Number: Signature: Name (Print): Title: Date: Accepted byCustomer: Signature: Name (Print): Title: Date: Accepted by AssetWorks: Please sign and email toJohn Crane ot]ohn.onano@ossohworks.00nn. THANK YOU FOR YOUR BUSINESS! Page 2 of 2 Page 448 of 1018 7.C. Requested Action by Commission: Proposed Resolution No. R22-124- Approve and authorize the Interim City Manager to sign an Amendment to the Contract with A-1 Air Solutions to increase the estimated annual expenditure from $150,000 to $275,000 for the period of the City Bid contract 012-2511-20/EM, which expires on May 4, 2023. Explanation of Request: On May 6, 2020, Commission approved City Bid 012-2511-20/EM and Resolution No. R20-037 with A-1 Air Solutions for HVAC maintenance and mechanical services with an annual expenditure of $150,000. Due to extensive maintenance, increase in material cost and weighing out the cost differential of replacing a unit to making repairs because it has not reached its life -cycle for a change -out for all City buildings, the annual expenditure has exceeded the initially approved amount. Request to increase the estimated annual expenditure with A-1 Air Solutions from $150,000 to $275,000 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 maintenance and repairs to be performed on HVAC equipment, to keep the buildings at a normal temperature and provide a comfortable environment for our customer/residents when visiting or conducting business in a City building. Fiscal Impact: Budgeted funding is in Facilities account # 001-2511-519-46-25. Alternatives: Neglecting HVAC maintenance and repairs can result in inefficient systems that will increase FPL bills, systems to break down regularly, replacement of equipment, and units can potentially grow bacteria and mold resulting in an unsafe environment for residents, customers, and staff. Strategic Plan: Public Health and Safety Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Page 449 of 1018 Contracts Vendor Name: A-1 Air Solutions Start Date: 5/5/2020 End Date: 5/4/2023 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 IRE)S()l LA ti 0 111 D A rTIE)ind irTIENI'l t D Cointract Description IRE)SOkAtioin approviing ArTIE)indirTIENI'It to Co intra Wth Al Air S0k.JIti01['IS liar cir'Esasilllg E))(PE)indRL.jIir'Es A 1 Air SOkAtioins ArTIE)indEsd Co intra A 1 Air S0k.JIti0I['I I:RE)S0k.JIti0I['I IIR20 037 Page 450 of 1018 I RESOLUTION NO. R22-124 2 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING 3 AND AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AN 4 AMENDMENT TO THE CONTRACT WITH A-1 AIR SOLUTIONS TO INCREASE 5 THE ESTIMATED ANNUAL EXPENDITURE FROM $1S0,000 TO $27S,000 FOR 6 THE PERIOD OF THE CITY BID CONTRACT 012-2S11-20/EM WHICH EXPIRES 7 ON MAY 4,2023; AND PROVIDING AN EFFECTIVE DATE. 8 WHEREAS, on May 6, 2020, the City Commission approved City Bid 012-2511-20/EM and 9 Resolution No. R20-037 with A-1 Air Solutions for HVAC maintenance and mechanical services To with an annual expenditure of $150,000; and II WHEREAS, due to extensive maintenance, increase in material cost and weighing out the 12 cost differential of replacing a unit to making repairs because it has not reached its life -cycle for 13 a change -out for all City buildings, the annual expenditure has exceeded the initially approved 14 amount; and 15 WHEREAS, staff is requesting the Commission approve an increase in the estimated 16 annual expenditure with A-1 Air Solutions from $150,000 to $275,000 to cover expenses for the 17 remainder of the year and pending invoices needing to be paid; and 18 WHEREAS, the City Commission of the City of Boynton Beach, Florida, upon the 19 recommendation of staff, deems it to be in the best interests of the City residents to approve and 20 authorize the Interim City Manager to sign an amendment to the Contract with A-1 Air Solutions 21 to increase the estimated annual expenditure from $150,000 to $275,000 for the period of the City 22 Bid contract 012-2511-20/EM which expires on May 4, 2023. 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 24 BOYNTON BEACH, FLORIDA, THAT: 25 Section 1. Each Whereas clause set forth above is true and correct and incorporated 26 herein by this reference. 27 Section 2. The City Commission of the City of Boynton Beach, Florida does hereby 28 approve and authorize the Interim City Manager to sign an Amendment to the Contract with A-1 S:ACA\RESO\Agreements\Ainendinent To Contract With A-1 Air Solutions - Reso.Docx Page 451 of 1018 29 Air Solutions to increase the estimated annual expenditure from $150,000 to $275,000 for the 30 period of the City Bid contract 012-2511-20/EM which expires on May 4, 2023. A copy of the 31 Amendment is attached hereto as Exhibit "A". 32 Section 3. That this Resolution shall become effective immediately upon passage. 33 PASSED AND ADOPTED this day of September, 2022. 34 CITY OF BOYNTON BEACH, FLORIDA 35 36 YES NO 37 Mayor — Ty Penserga 38 39 Vice Mayor — Angela Cruz 40 41 Commissioner — Woodrow L. Hay 42 43 Commissioner — Thomas Turkin 44 45 Commissioner —Aimee Kelley 46 47 48 ATTEST: 49 50 51 Maylee De Jes6s, MPA, MMC 52 City Clerk 53 54 55 (Corporate Seal) 56 57 58 VOTE Ty Penserga Mayor APPROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney S:ACA\RESO\Agreements\Ainendinent To Contract With A-1 Air Solutions - Reso.Docx Page 452 of 1018 CONTRACT NO. 012-2511-20/EM FOR "HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES" THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and A-1 Air Solution, LLC, 849 SW 20th Ave., Okeechobee, Florida 34974, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. PROJECT DESIGNATION. The Vendor is retained by the City to provide HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICES as outlined in INVITATION TO BID #012-25111-20/EM, which with the Vendor's response to the ITB by reference are hereby made part of this agreement. 2. SCOPE OF SERVICES. Vendor agrees to perform the services, identified on Exhibit "A" Scope of Services attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies on an "AS NEEDED" basis on the unit. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement effective effective upon date the contract is fully executed by all parties. 4. TERM. The initial term of the contract shall be for three (3) years effective upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for three (3) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. An increase in cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. 5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: ee! 01 - ee - - e. 0.-- e e- 3 -tet ____ mol -e The total contract price in the amount of as specified in Exhibit "B" Schedule of Prices for an annual estimated amount of $150,000 for the first two years. For year three (3) and the remaining optional three (3) one-year renewal terms at an annual estimated amount of $275,000. A total of $1,400,000 estimated amount over the total potential term of the agreement, shall be the total amount of payment to Vendor for services provided under this Agreement for the entire term of the Agreement. C- b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee and invoices are in accordance with the Exhibit "B" Schedule of Prices. c. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. d. Final payment of any balance due the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. e. 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. f. The Vendor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications and other materials produced by the Vendor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. Vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be C- entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 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. Upon thirty (30) calendar days' written notice to Contractor, City may, without cause and without prejudice to any other right or remedy, terminate this Agreement for City's convenience. Where the Agreement is terminated for the convenience of City, the notice of termination to Contractor must state that the Agreement is being terminated for the convenience of the City under this termination clause, the effective date of the termination, and the extent of termination. Contractor shall be paid for the services up to and including the effective date of the termination. This shall mean payment for all completed tasks and payment for uncompleted tasks based upon a percentage of completion of such uncompleted tasks. Contractor shall not be paid on account of loss of anticipated profits or out of or resulting from such termination. b. In the event of the death of a member, partner or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City, if the City so chooses. 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: C- James Stables, Interim City Manager City of Boynton Beach P.O. Box 310 Boynton Beach, FL 33425-0310 Notices to Vendor shall be sent to the following address: Damian Garcia A-1 Air Solution, LLC 849 SW 20th Avenue Okeechobee, Florida 34974 Phone: 863-623-6203 Email: a1airsolutionsokeenmail.com 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. 19. PUBLIC RECORDS. The CITY is public agency subject to Chapter 119, Florida Statutes. COMPANY shall comply with Florida's Public Records Law, as applicable. Specifically, COMPANY 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 Statutes, 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 Agreement if the COMPANY does not transfer the records to the CITY. Upon completion of the contract, transfer, at no cost, to the CITY all public records in possession of the COMPANY or keep and maintain public records required by the CITY to perform the service. If the COMPANY transfers all public records to the CITY upon completion of the contract, COMPANY shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the COMPANY keeps and maintains public records upon completion of the contract, the COMPANY shall meet all applicable requirements for retaining public records. All records stored electronically by COMPANY 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 COMPANY 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. f. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CityCIerk@bbfl.us 21. SCRUTINIZED COMPANIES -- 287.135 AND 215.473. By execution of this Agreement, Contractor certifies that Contractor is not participating in a boycott of Israel. 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. 22. E -VERIFY 22.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described hereinbelow. 1) Definitions for this Section: "Contractor' means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor' includes, but is not limited to, a vendor or consultant. "Subcontractor' means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. "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. C- 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. The contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub- contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. The contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this -Ln,day of x 2022. CITY OF BOYNTON BEACH A-1 AIOOLUT_ION, LLC James Stables, Interim City Manager OjriKe-jd-e'z':'President Title V (Corporate Seal) Attest/Authenticated: ME Print Name Approved as to Form: Michael D. Ciru�llo, Jr. Office of the City Attorney Attested/Authenticated: City Clerk :z Page 459 of 1018 N City of Boynton Beach EXHIBIT A SCOPE OF SERVICES 1.3.1 PURPOSE: Perform normal and on-call HVAC Maintenance and Mechanical Services to designated City of Boynton Beach (referred to as COBB) facilities as directed by the Contract Administrator or their designee. 1.3.2 TECHNICAL SPECIFICATIONS AND SCOPE OF WORK: It shall be the Contractor's responsibility to provide monthly preventative maintenance to effectively maintain, to the satisfaction of the COBB, all aspects of HVAC systems at the COBB facilities. For the purpose of this contract, the routine preventative HVAC maintenance shall be defined as scheduled routine inspection and proactive servicing of HVAC systems so as to facilitate heating/cooling with a minimal downtime. The routine maintenance and all repairs shall be provided in accordance with the highest standards of the industry (ANSI/ASHRAE/ACCA Standard 180-2018), skill, workmanship, applicable trade practices, meet warranties and in conformance to all applicable laws, codes and regulations. The successful Contractor's maintenance program and repairs shall, at a minimum, include but not be limited to the specifications outlined herein. The equipment to be maintained includes but is fired unit heaters, package units, bard units, maintained is of various types of manufacturers. ; not limited to, split systems, exhaust fans, gas and forced air systems. The equipment to be The Contractor shall furnish all labor, supervision, materials, (except filters, the COBB will supply all cardboard and metal framed filters), and test equipment to facilitate all major and minor repairs, new installations of various HVAC equipment, and perform monthly preventive maintenance regularly found in the HVAC field including but not limited to: Boiler Systems Chilled Water Systems Cooling Towers Duct Work Exhaust Systems Water Pumps Window/Through Wall A/C Systems Mini -split Systems Wall mounted package units (Bard Units) Roof/Ground mounted package units Variable Frequency Drive (VFD) Variable Air Volume (VAV) Mechanical Piping C-8 1.4 Bi -Annual Ductwork Inspection Monthly Air Handler Unit Ductwork Inspection Automatic ice -makers Water Fountains Duct Cleaning including Air Handlers Prior to beginning any repair or replacement outside the scope of preventative maintenance work, the Contractor will troubleshoot the system to diagnose the system's problems. The COBB shall not incur any extra charge for this service. Contractor shall provide a quote to the COBB prior to any and all repairs and replacements. Repairs and replacements will not begin without authorization from the Contractor Administrator or their authorized designee. The COBB reserves the right to obtain additional work quotes and service from trade companies other than the successful bidder for repair and replacement of work and materials. All services shall include all necessary labor charges, tools, fuel, equipment and materials delivered and installed in accordance with N.F.P.A, local and State regulations, ASHRE, OSHA and District Master Specifications. 1.3.3 PERFORMANCE WARRANTY: The vendor shall guarantee all work, equipment and materials included in the service against any defects in workmanship; and shall satisfactorily correct, at no cost to City, any such defect that may become apparent within a period of one year after completion of work. The warranty period shall commence upon date of acceptance, inspection and approval by City Representative only. If the vendor is notified in writing of a deficiency in the work provided, within one year from completion of the work, the vendor shall, at City's option, re- perform the work in question at no additional cost to City, or refund the original charges for the work in question to City, including the difference in cost if any, to re -perform the work if completed by another vendor. GENERAL REQUIREMENTS: A. EMERGENCY REPAIRS: The Contractor shall have a 24/7 on-call service availability for emergency repairs, defined as situations where immediate repairs are required to prevent the loss of service to alleviate the possibility of a situation which would adversely and unduly affect the safety, health or comfort of building, occupants, or otherwise cause loss to the COBB. In the event of an emergency the contractor shall respond as follows: 30 minutes to acknowledge emergency call, email or text. 90 minutes to be on site. B. COMMUNICATIONS: The contractor or his/her representative will meet with the City's contract administrator every other Monday, to discuss schedules, problems, needs, and mutual areas of concern. All contracted employees (including sub -contractors) shall have the qualifications, certifications, and training in the following: 1. AC troubleshooting, maintenance and repair 2. Heating systems & boilers 3. Energy efficiency & green awareness 4. Testing & balancing of HVAC systems 5. Centrifugal Chiller troubleshooting, maintenance and repair 6. R -Series Chiller troubleshooting, maintenance and repair 7. VFD installation and programming 8. Proficient in the following: C-9 a. Tracer Summit Installation and Programming b. Trane ICS Systems Certification c. Niagara AX Certification d. Trane Comm 5 Automation C. SECURITY AND ACCESS: All contract/sub-contract employees will display City issued photo identification badges while working on City premises. No contract/sub-contract employee 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/sub-contractor will work in several areas which are: 1. Under secured access a) Shall be maintained in a secured condition and will be locked immediately upon the contractor completing their work. 2. Generally opened to the public for meetings, rentals, and other uses. D. PAYMENT/ PAYMENT TERMS: Payment will be made after the goods/services from the awarded vendor have been received/completed; inspected and found to comply with award specifications, free of damage or defect; and a properly billed invoice is received and processed in the Accounting Services Department. Payment will not be processed until the following occurs: 1. The complete and satisfactory receipt of all items ordered. All pricing in accordance with the bid. 2. The receipt of a properly billed invoice sent to the Contractor Administrator. Invoices to the COBB MUST include the following to permit verification of prices and expedite payment to vendors: 1. Name and Address of Vendor 2. A Unique Invoice Number 3. Date of Service(s) 4. Itemized pricing to include copy of vendor's invoice for any equipment and parts used (including mark-up as specified in Attachment "C". 5. City of Boynton Beach Purchase Order Number Failure to timely submit invoices(s) within 30 days to the Contract Administrator as set forth above may significantly delay processing and payment of the invoice. The above terms and conditions are agreed to by submitting an offer on this bid. E. INCORRECT PRICING/INVOICES: Any pricing on invoices that are incorrect or freight charges that were not included on the original Purchase Order, must be brought to the attention of the Contract Administrator and corrected prior to the shipment(s) of goods or initiation of services. Additional costs that were not brought to the Contract Administrator's attention and did not receive written approval via a Change Order issued by the Purchasing Agent may not be honored. F. CHANGE ORDERS: Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that adds additional costs must be brought to the Contract Administrator's attention and approved by the c -l0 Purchasing Department prior to commencement of additional work, shipment of goods or the addition of unauthorized freight charges. Once approved, a Change Order will be issued to include the additional costs and work may commence and/or shipment of goods can begin. Additional costs that were not brought to the Contract Administrator's attention and did not result in a Change Order approved by the Purchasing Agent may not be honored. G. COMPLETION OF SERVICES/LIQUIDATED DAMAGES: The completion date for repairs or projects shall not exceed quoted or set project schedule, unless written request for extension and the approved authorization has been granted. Should the bidder to whom the repair work is awarded, fail to complete the work within the number of days stated in the quote, the COBB reserves the right to: 1. Collect liquidated damages in the amount of $250 per day work is not completed OR 2. Cancel the contract with the bidder and to secure the services through another source of supply to complete the work. If the COBB exercises one of these options, the COBB may at its option request payment from the bidder through invoice or credit memo, for any additional costs over and beyond the original quoted prices, which were incurred by the COBB as result of having to secure the services elsewhere or for liquidated damages. If the bidder fails to honor this invoice or credit memo, the COBB may remove that bidder from the contract. H. DEFICIENCIES IN WORK TO BE CORRECTED BY THE BIDDER: The successful Bidder shall promptly correct all deficiencies and/or defects in work and/or any work that fails to conform to the Contract Documents; whether or not fabricated, installed or completed. All corrections shall be made within 24 hours after such rejected defects, deficiencies, and/or non -conformances are reported in writing (email, memo, inspection reports, etc.) to the Bidder by the Contract Administrator or designee. The Bidder shall bear all costs of correcting such rejected work. If the Bidder fails to correct the work within the period specified; the COBB may, at its discretion, notify the Bidder, in writing, that the Bidder is contractually default and obtain the services of another vendor to correct the deficiencies, and charge the Bidder for these costs; either through a deduction from the final payment owed to the Bidder or through invoicing. I. CONTRACTOR'S RESPONSIBILITY: 1. Upon award of contract the contractor shall provide within 90 days a complete inventory list of all HVAC equipment for the COBB facilities. 2. Upon award of the contract, the Contractor shall replace all cardboard filters and inspect metal framed filters and write the date of the filter change on the filter. 3. Upon award of contract, the contractor shall affix to the unit an inspection/maintenance sticker of the date of inspection. 4. Contractor shall inspect monthly, all filters (cardboard and metal framed), cardboard filters shall be replaced monthly, metal framed filters shall be replaced every 12 months. Contractor shall write on the filter at every monthly inspection with a sharpie the date of the inspection. 5. Contractor shall inspect monthly, electrical connections, gas levels (if the pressures are low then perform a leak check), exhaust fans, belts, motors, bearings, etc. for proper operation. 6. Contractor shall monthly flush and clean condensation lines. C-11 7. Contractor shall quarterly clean ice maker coils. 8. Contractor shall change monthly all "single" cartridge ice makers. 9. Contractor shall change monthly the "white" cartridge on the 3 filter system ice makers. 10. Contractor shall monthly inspect bottle filling water fountains and change filter cartridge when the light is lite to change. 11. Contractor shall bi-annually degrease and clean all coils. 12. Contractor shall affix to the unit a maintenance sticker stating the date of the monthly maintenance. 13. Contractor shall take field measurements and verify field conditions. Contractor shall carefully compare such field measurements and conditions and other information provided by the COBB before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the COBB at once prior to commencement of work. Failure to report conflicts to the Contract Administrator will result in contractor's corrective action at their own expense. 14. The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap materials, and debris that result from their operations so that work site presents a neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises. NO rubbish shall be deposited as fill on the work site. At completion of work, the contractor shall remove all work materials, tools, construction equipment, machinery, and surplus materials from the work site and shall leave project in ready to use condition. 15. Contractor shall be responsible for the protection of all buildings, structures, and utilities that are underground or above ground from their operations that may be hazardous and/or damaging to said facilities. 16. Contractor shall provide due care at all times while performing any task at any COBB controlled location to cordon off, barricade, and/or post signs to maintain a safe distance to avoid creating hazardous condition for pedestrians, property, and vehicles. 17. The contractor shall accept full responsibility for refrigerant handling at every assigned job/project. 18. The contractor shall provide a construction work schedule and submit it to the COBB designated contact person. The schedule shall include estimated commencement and completion dates. 19. Safeguard of all equipment, tools, materials, etc., at the work site is the contractor's responsibility. 20. Contractor shall not inhibit access to the COBB facilities during pursuit of work specified herein. 21. Contractor shall leave the work site in a neat and orderly fashion at the end of each workday 22. All personnel (contractor or sub -contractor) shall contact the Contract Administrator prior to C-12 commencing any work for the purpose of providing COBB escort. 23. Contractor will remedy any and all damage to property by acts of omission or vandalism which occur as a result of their work. 24. The contractor shall be responsible for the protection of all personnel against hazards and/or injuries due to their construction operations at the work site. 25. Contractor shall correct any and all damage caused by their operations to the COBB's satisfaction at no additional cost to the COBB. 26. The contractor shall have an English-speaking supervisor/representative on the worksite at all times, who shall be thoroughly knowledgeable of all plans, specifications, and other contract documents and has the authority to act in the contractor's behalf. 27. The contractor shall be responsible for the appearance of all working personnel assigned to the projects (clean and appropriately dressed) at all times, and their compliance with the COBB Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs while on COBB property. The provision or use of existing sanitary facilities will be discussed and determined at the pre -construction meeting. All contractor and sub -contractor personnel must have a badge, indicating clearance. The contractors name and a traceable number must be visible. 28. Contractor shall not proceed with any project until in receipt of Purchase Order or Change Order. 29. Contractor shall ensure all work is installed straight, level, plumb and in a workmanlike manner. The Contractor shall, and in addition to all other guarantees, be responsible for faulty labor or workmanship and shall promptly correct improper work, without cost to the COBB, within 24 hours after receipt of notification of such faulty labor or workmanship. If the Contractor fails within 24 hours to correct defects, the Owner shall be entitled to have such work remedied; and the Contractor shall be fully liable for all costs and expense reasonably incurred by the Owner. Payments in full or otherwise do not constitute a waiver of this guarantee. The guarantee period shall be effective for one (1) year after acceptance of the work by the COBB. 30. If the contractor determines additional work beyond the scope of original project is required, the contractor must notify the Contract Administrator with details of additional work and an itemized pricing to complete the additional work. This work shall not start until contractor is in receipt of an approved change order. In cases of emergency, the Contract Administrator will follow the COBB's Purchasing Department Emergency Purchases procedure as applicable. 31. Contractor shall use only factory OEM parts while performing services and equipment under original warranties. After -market parts will be permissible on units out of warranty period upon COBB's approval. Prior authorization must be obtained before acquisition and installation is performed. 32. Contractor shall be responsible for correction/replacement, according to local codes and COBB's satisfaction, of all water lines, sanitary lines, electrical lines, curbs, sidewalks, streets, parking lots, grassed areas, etc., broken or damaged as the result of contractor's operations. C-13 33. Should any contractor/employee in the performance of this contract encounter materials that they suspect are embedded with asbestos, they should: a. Stop all work at the site and do not disturb the area of suspicion. b. Contact the Contract Administrator or their designee. c. Call the appropriate trade supervisor and advise them of the discovery. d. Leave the site until the materials can be analyzed. 34. The Contractor shall conform to all Federal, State, County, and SDPBC standards and regulations during the performance of the Agreement. Continued violations by a Contractor may constitute cause for immediate termination of the contract. 35. Technical Literature: Two copies of product information, including technical and descriptive literature, shall be provided with all new products installed in the COBB. Technical literature shall be provided to the Contract Administrator. 36. Submittals: Contractor is required to submit catalog cuts, specifications sheets, and any other technical data necessary to enable proper evaluation for all materials and/or equipment which will be utilized in the performance of each project resulting from this bid. Failure of the contractor to provide the foregoing information may be grounds for rejection of quotes associated with this bid. 37. Repair and Maintenance Manuals: Three manuals containing troubleshooting procedures, parts list, disassembly instructions, schematic diagrams, etc., shall be provided at no cost for each unit of equipment furnished under any contract resulting from this Bid. Job will not be considered complete until all manuals have been received. 38. Installation: Successful vendor shall be responsible for unloading, uncrating, setting in place and making ready for operation all items awarded. Successful vendor shall be responsible for furnishing all labor and materials to install designated items. Installation shall include, but not limited to, disconnect and removal of old equipment (where replacement is involved), full and complete hook-up of new unit. Vendor shall make all final connections. The COBB will furnish necessary services within a reasonable distance. Disconnection and/or hook-up of units shall be accomplished only by personnel certified by the State of Florida or Palm Beach County as being qualified to perform task involved and demonstrate. When applicable, vendor shall be responsible for all utility locates at their expense. 39. Inspections: The contractor shall notify the assigned Contract Administrator of job progress and make arrangements for COBB inspection of work performed. The contractor shall not proceed with other work until the previous portion has been approved. Required inspections will be outlined in the scope of each job or at pre -construction meeting. A minimum of 24 hours' notice to the COBB must be provided for each inspection. Completion of contract shall be defined as final inspection and subsequent sign -off by inspector/project manager, on all work as satisfactory and acceptable to the COBB. 40. Uncovering of Work: C-14 The contractor may be required to photograph new installations and/or repairs made underground when a COBB Representative is unavailable. These images shall be forwarded to the Contract Administrator. This can be done via e-mail or US Postal Service. If any portion of the work has been covered which the COBB has not specifically requested to observe prior to being covered or photographed, the COBB may request to see such work and it shall be uncovered by the contractor. If such work were found in accordance with the contract documents, the cost of uncovering and replacement shall, through purchase order change, be charged to the COBB. If such work were found not in accordance with the contract documents, the contractor shall pay such cost unless it is found that the COBB or a separate contractor caused this condition, in which the event the COBB shall be responsible for payment of such cost. 41. Service / Repair: All repairs shall be performed using a time and materials basis. 42. Troubleshooting: Once the technician determines nature or cause of failure, he must provide written cost of repairs to the Contract Administrator. 43. Final Completion (new installations): After satisfactory completion of work and all requirements are fully and finally completed, the COBB shall certify Final Completion and acceptance. Final payment shall not be made until Final Certificate of Occupancy or Completion for the project is received. Contractor shall submit the following, where applicable: a. Final Invoice b. Approved mechanical, electrical and structural prints and final inspection report. c. Warranty documents d. Operational Manuals e. Repair Manuals f. Parts List 44. The City will be implementing a new asset management program to assist in keeping records of preventative maintenance of assets. All assets will be tagged with a QR code, the contractor shall be responsible for scanning each asset at the time of the preventative maintenance. M. WORK HOURS: Normal work hours shall be limited to 7:00 AM to 5:00 PM, Monday through Friday. Any work performed outside those hours shall be approved in advance by the City. The hourly rate charge shall commence on the job site; all travel time expenses shall be borne by the bidder and will not be reimbursed by the COBB. C-15 EXHIBIT B SCHEDULE OF PRICES Preventative Maintenance Line Item Description Est. Hours Rate a 1 Preventative Maintenance (per ton) 0 - 5 tons $11.00 2 Preventative Maintenance (per ton) 5 - 39 tons $6.50 3 Preventative Maintenance (per ton) Over 40 tons $4.75 4 Preventative Maintenance (per Unit) - Exhaust/Supply Fans Flat Roof $45.00 5 Preventative Maintenance (per Unit) - Exhaust/Supply Fans Sloped Roof $92.50 Subtotal: $ 159.75 Labor Rates - Regular Regular Time: Monday - Friday 7:00 a.m. — 5:00 p.m Line Item Hourly Rates Regular — Labor Rate " Est. Hours Total 1 Supervisor $85.00 40 $ 3,400.00 2 Licensed Journeyman $73.00 40 $ 2,920.00 3 Forman $73.00 40 $ 2,920.00 4 Apprentice/Helper $42.50 40 $ 1,700.00 5 Controls Technician $110.0000 40 $ 4,400.00 6 Service Technician $73.0000 40 $ 2,920.00 Summary Table Bid Form Amount Preventative Maintenance $ 159.75 Labor Rates - Regular $ 18,260.00 Labor Rates - Overtime (this is for internal use only, not to be considered as part of award) $ 29,400.00 Labor Rates - Premium (this is for internal use only, not to be considered as part of award) $ 29,400.00 Subtotal Contract Amount: $ 77,219.75 C-16 EXHIBIT C A/C and Exhaust Inventory DATE: Sheet FACILITY UNIT LOCATION UNIT Exhaust Fan Manufacturer Name Manufacturer Name Manufacturer Date Manufacturer Date Model # Model # Serial # Serial # Freon Type Number of blades Motor Size (HP) & (RPM) Motor Size (HP) & (RPM) Electrical Supply Electrical Supply Electrical Phase Electrical Phase Electrical Amps (max.) Electrical Amps (max.) Filter size(s) Fan Size Belt size(s) and model type and #'s Exterior screened YES NO Life expectancy Exterior screened condition Notes: C-17 EXHIBIT D (PREVENTATIVE MAINTENANCE SHEET) DESCRIPTION DATE //Notes FACILITY RECORD ALL FINDINGS USING THE NOTES COLUMN UNIT UNIT LOCATION Filter Check Change (Write the date on the filters Check when they a rechanged) Initial: Condensation Drain Pan Clean Initial: Condensation Drain Line Clean Initial: Evaporator Coil Clean Initial: Blower Wheel Inspect Initial: Compressor Inspect Initial: Drive Belts Inspect Initial: Piping Insulation Inspect Initial: Pulleys/Sheaves Inspect Initial: Electrical Connections Inspect Initial: Test Motor, Record Voltage Inspect Initial: Test AMP draw on Motor Freon Level Initial: Inspect Heater Initial: Calibrate Thermostat Initial: Lubricate necessary Parts Initial: TASKS FOR CHILLER TOWERS/EQUIPMENT ONLY Cooling Tower Inspect Initial: Water Treatment Chemicals Inspect Record (Order Chemicals as Necessary) Initial: Temperature Readings In Various Zones Zone ( Record Zone ( Record Zone ( Record Zone ( Record Zone ( Record Zone ( Record Zone ( Record Initial: -Ig uyj vi iv i City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contractor binder maybe accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate - $1,000,000.00 Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 $ 300,000.00 Limits based on Project Cost Limits based on Project Cost C-19 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 RESOLUTION NO. IZ20-037 A RESOLUTION OF ]'HE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AN AWARD OF BID NO. 012-2511- 20/EM FOR "HVAC MAINTENANCE AND MECHANICAL SERVICES" , AND AUTHORIZETI-JE CITY MANAGER TO SIGN A CONTRACTWIT11 A -I AIR SOLUTIONS, I.A.C., OF OKEECHOBEE, FL AS THE LOWEST, MOST RESPONSIVE, RESPONSIBLE BIDDER FOR AN ANNUAL ESTIMATED AMOUNT OF S150,000.00 FOR A PERIOD OF THREE (3) YEARS WITH AN OPTION TO RENEW FOR THREE (3) ADDITIONAL ONE-YEAR TERMS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on April 10, 2020, Procurement Set -vices opened five (5) bids in response � to the Invitation to Bid No. 012-2511-20/EM for '11VAC MAINTENANCE', AND Mf'.`1CI-IANICA1, SERVICES"; and WHEREAS, the I-IVAC, Maintenance and Mechanical Services are necessary in order to maintain the approximately 200 HVAC units in the City owned facilities on an as -needed basis; and WHEREAS, the bid proposal from A-] Air Solutions, LI,C., of Okeechobee, Ft., was determined by City staff'to be the lowest, most responsive, responsible bidder; and WHEREAS, the City Commission of the City of Boynton Beach upon recommendation ol'staff', deems it to be in the best interest of the citizens of the City of Boynton Beach to award Bid No012-2511-20/EM for "I IVAC Maintenance and Mechanical Services" , and authorize the City Manager to sign a contract with A- I Air Solutions, I..,EC., of Okeechobee, FI, as the Lowest, most responsive, responsible bidder for an annual estimated amount of $150,000.00 for a period of three (3) years with an option to renew for three (3) additional one-year terms for a total estimated amount over the total potential term of the Contract in the amount of' Sg00,wo.00. I NOW, THEREFORE, BE ET' RESOLVED BYTHE CCOITY MMISSION OF S:\(.'A\fL]iSo\Agineenieiits\ANvarcI Bid and Contract to A- I Air solutions - Reso.docx - 1 - Page 472 of V Z 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 'TILE 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 ofthis Resolution upon adoption. Section 2. The City Commission of" the City oi' Boynton Beach, Florida, hereby approves the award of Bid No. 012-2511-2041"M for "HVAC Maintenance and Mechanical I Set -vices", and authorize the City Manager to sign a contract with A-1 Air Solutions, I.JC., of Okeechobee, FL as the lowest, most responsive, responsible bidder for an annual estimated amount of $150,000.00 for a period of three (3) years with an option to renew for three (3) additional one-year terms for a total estimated amount over the total potential term of the Conti -act in the amount Of $900,000-00. A copy of the Contract is attached hereto as Exhibit "A". Section 3. That this Resolution shall become effective immediately. -A PASSED AND ADOPTED this _,5' --day of May, 2020, CITY OF BOYNI'ON BEACH, FI.,,ORlDA Mayor — Steven B. Grant Vice Mayor —Ty penserga Con,irnissioner — Justin Katz Commissioner— Woodrow L_ Hay Commissioner — Christina L. Romelus ATTEST: tal (Iibson, MMC City Clerk c, (Corporate Seal) S: \(,'A\R I `S0\Agreenrents\A ward Rid and Contract to /4,1 Me Solutions - Reso. docX I -2- VOTE YES NO Page 473 of 1 ( SUI CONTRACT NO. 012-2511-20/EM FOR "HVAC MAINTENANCE AND MECHANICAL CONTRACT SERVICE] B ET11 E EA TA E CITT 0 F d%T RT* A 8 EAC A AND A-1 AIR SOLUTION, LLC THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and A-1 Air Solution, LLC, 849 SW 20th Ave., Okeechobee, Florida 34974, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. - I ­ 10 . .02Il 01 =011na5A I F11,2101WIMIN All NXgL41111114414RIA 2. SCOPE 0 F SERVIC ES. Vendor agrees to perform the services, identified on Exhibit "A" Scope of Services attached hereto and incorporated herein by reference, including the provision of all labor, materials, equipment and supplies on an "AS NEEDED" basis on the unit. No modifications will be made to the original scope of work without the written approval of the City Manager or his designee. 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the City to the Vendor to proceed. Vendor shall perform all services and provide all work product required pursuant to this Agreement effective effective upon date the contract is fully executed by all parties, 4. TERM. The initial term of the contract shall be for three (3) years effectilve upon date the contract is fully executed by all parties. The City of Boynton Beach Purchasing Manager in consultation with the Finance Director may extend the agreement at the same terms, and conditions, for three (3) one-year renewals (exercised separately) subject to vendor acceptance, satisfactory performance as determined by the Purchasing Manager, and determination by the Purchasing Manager that renewal will be in the best interest of the City. An increase in cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. 5. PAYMENT. The Vendor shall be paid by the Provider/City for completed work and for services rendered under this Agreement as follows: a. The total contract price in the amount of as specified in Exhibit "B" Schedule of Prices an annual estimated amount of $150,000.00 for a period of three years (3), with an option renew for three (3) one-year terms for a total $900,000.00 estimated amount over the total potential term of the agreement, shall be the total amount of payment to Vendor for servic f n .a I c provided under this Agreement for the entire term of the Agreement. b. Payment for the work provided by Vendor shall be made promptly on all invoices submitted to the City property, provided that the total amount of payment to Vendor shall n exceed the total contract price without express written modification of the Agreement sign by the City Manager or designee and invoices are in accordance with the Exhibit Sche*!ule of Prices. ME Page 474 of 1018 c. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. d. Final payment of any balance due the Vendor of the total contract price earned will be m? .1 , 44-1 w;Wv*irrmrK;.9n4 w @IrnAiht�#, 01I - work under this Agreement and its acceptance by the City. e. 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. f. The Vendor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. 4A so 10, INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal incorne tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. W Page 475 of 1018 or *r any company or person, other than a bona fide employeeworking solely for rr, r solicit or secure this contract,and that he has not paid• r r to pay any company or person,other than a bonaemployee♦ r solely forVendor commission, percentage, brokerage gifts,or r* • contingent r or resulting from the award or • For breach or •l r of gto annul without«r or, discretion tr deduct r price or s r* r otherwise recover,s of rpercentage,brokerage fee, gift, or r r* creed,12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, .r- sex or presence of physical or rry handicap in the selectionand retention of r r or procurement of materials or rr 13. ASSIGNMENT. The Vendor r* or of r Agreement withoutexpress r of 14. Oby of r • of or any time limitationprovided for in this AgreementA r of other provision. r r � « Upon thirty (30) calendar days'written noticer Contractor,rcause and convenience.without prejudice to any other right or remedy, terminate this Agreement for City's Agreement is terminated for the convenienceof r of terminationr Contractor must state that the Agreementbeing terminated for convenienceof rer this termination clause, the effective date of • • the extent of rn. Contractorbe r• for the services up to. and including effective s.te of r for r r r tasks and payment rr uncompleted tasks based upon a percentage of r r * of r r , Contractor shall notbe paidr of r of anticipated profits or out of or from r rIn the event of * death of •- partner or officer of • or of r^ personnel assignedto the project, r members of rrr hereby agree sectioncomplete the work under the terms of this Agreement, if requested to do so by the City. This r be a bar to renegotiations of • .. * betweenr members the Vendor and the City, if the City so chooses. 16. DISPUTES. Any disputes that arise between the parties with respectto the performance of this Agreement, r be resolved through negotiations,submitted to a court underof competent jurisdiction in Palm Beach County, Florida. This Agreement shall be construed r #« Lori "" * C * r*.r City of Boynton � Beach Box 310 M Page 476 of 1018 O � • �I I �* III 11 II ��1 ■��I��L�a Nlr, �I� T. Damian Garcia A-1 Air Solution, LLC I III ILII lil ISI VIII 849 SW Okeechobee, � Florida 4• .,I A PJ A .w I a. M a a Ta a I M W#T-4 • •- , IMOWN ar, w w .• w. w• - w • w war �r w w' .w- w, w • w w' w Moinjoig UT, x w w w w. ww .w -•• w► • B. Upon requestfrom custodian of public o • provide w• of requested records or i to be inspected or ww -w within a reasonable time at a cost that ww. not • the costprovided in chapteror otherwise provided • w w w a w w •- • • w• • w: - • w M w w DUpon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records• r possession All recordsstored Contractor be provided • the CITY, upon -w o►m the CITY's custodian of public records, •rmat that is compatible with the informati• • sir of CITY E. IF THE CONTRACTOR * QUESTIONS REGARDING 'D APPLICATION OF CHAPTER 119, CONTRACTOR'S I! :O PROVIDE FLORIDA PUBLIC RECORDS RELATING CONTRACT, O A PUBLIC RECORDS: IIF 4 •e � IF r • �1y� W Page 477 of 1018 msaai� [cl I -.140H Long 0-i -012i4tw-1 WIN ROOM ewr I ise ce a -FTI-as-f the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended froto titte to tiiie. 01MIRWITHM-1-1 M., w"MISM-Wifim IM"AffigWo 4 OVA ram 14 ILI, 44 fe di Vt Ll le Ili" -1 re Cqu Wei f req fc-aff• vare ,?n original signature for all purposes. DATED this _day Of Lori LaVerriere, City Manager FArl W-12=0015=0 Crys 1 Oz i son, City Clerk ME M A-1 AIR SOLUTION, LLC ------------------- 0 8M Presi t (Corporate Seal) Attest/Authenticated: Secretary w Page 478 of 1018 Perform normal and on-call FiVAC it and lvlechanical Services to designated City of Boynton Beach (referred to as COBB) facilities as directed by the Contract Administrator or their, designee. It shall be the Contractor's responsibility to provide monthly preventative maintenance to effectively maintain, to the satisfaction of the COBB, all aspects of HVAC systems at the COBB facilities. For the purpose of this contract, the routine preventative HVAC maintenance shall be defined as scheduled routine inspection and proactive servicing of HVAC systems so as to facilitate heating/cooling with a minimal downtime. The routine maintenance and all repairs shall be provided in accordance with the highest standards of the industry (ANSVASHRAE/ACCA Standard 180-2018), skill, workmanship, applicable trade practices, meet warranties and in conformance to all applicable laws, codes and regulations, The successful Contractor's maintenance program and repairs shall, at a minimum, include but not be limited to the speccations outlined herein. The equipment to be maintained includes but is not limited to, split systems, exhaust fans, gas fired unit heaters, package units, bard units, and forced air systems. The equipment to be maintained is of various types of manufacturers. OR carofoaro aria it Mar iran lel ilifers), aria test eft,11pineriL Luldullfdw all I I idpill Mtij"7777 e FRI installations of various HVAC equipment, and perform monthly preventive maintenance regularly found in l field including but not limited to: Boiler Systems Mini -split Systems Chilled Water Systems Wall mounted package units (Bard Units) Cooling Towers Roof/Ground mounted package units No Page 479 of 1018 Duct Work Exhaust Systems Variable Frequency Drive (VFD) Water Pumps Variable Air Volume (VAV) Window/Through Wall A/C Systems Mechanical Piping Bi -Annual Ductwork Inspection Monthly Air Handier Unit Ductwork Inspection Automatic ice -makers Water Fountains Duct Cleaning including Air Handlers �14'w M-17flull djjjr UALId U11digi: jUj t111:5 W21-11L;C, UVILWULUI "Sildil P171"lue IN (9,11.11re 177110 U19,150 11110 any and all repairs and replacements. Repairs and replacements will not begin without authorization from the Contractor Administrator or their authorized designee. The COBB reserves the right to obtain additionail work quotes and service from trade companies other than the successful bidder for repair and replacement of work and materials. All services shall include all necessary labor charges, tools, fuel, equipment and materials delivered and installed in accordance with N. F.PA local and State regulations, ASHRE, OSHA and District Master Specifications. The vendor shall guarantee all work, equipment and materials 41Ckided in the service against any defects in workrnanship� and shall satisfactorily correct, at no cost to City, any such defect that may become apparent within a period of one year after, completion of work. The warranty period shall commence upon date of acceptance, inspection and approval by City Representative only. If the vendor is notified in writing of a deficiency in the work provided, within one year from completion of the work, the vendor shall, at City's option, re.- perform the work in question at no additional cost to City, or refund the original charges for the work in question to City, including the difference in cost if any, to re-perforni the work if completed by another vendor, The Contractor shall have a 24R on-call service availability for emergency repairs, defined as situatiN ns where immediate repairs are required to prevent the IN of service to alleviate the possibility of a situation which would adversely and unduly affect the safety, health or comfort of building, occupants, or otherwise cause loss to the COBB. In the event of an emergency the contractor shall respond as follows: 0 30 minutes to acknowledge emergency call, email or text. 0 90 minutes to be on site. B. COMMUNICATIONS: The contractor or his/her representative will meet with the City's contract administrator every other Monday, to discuss schedules, problems, needs, and mutual areas of concern. All contracted employees (including sub -contractors) shall have the qualifications, certifications, and training in the following: 1 . AC troubleshooting, maintenance and repair 2. Heating systems & boilers 1 Energy efficiency & green awareness 4. Testing & balancing of HVAC systems 5. Centrifugal Chiller troubleshooting, maintenance and repair 6. R -Series Chiller troubleshooting, maintenance and repair M Page 480 of 1018 7. VFD installation and programming 8. Proficient in the following: a. Tracer Summit Installation and Programming b. Trane ICS Systems Certification c. Niagara AX Certcation d. Trane Comm 5 Automation C. SECURITY AND ACCESS: All contract/sub-contract employees will display City issued photo identification badges while working on City premises. No contract/sub-contract employee 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 contra ctor/s u b -contra ctor will work in several areas which are: 1 . Under secured access a) Shall be maintained in a secured condition and will be locked immediately upon the contractor completing their work. 2. Generally opened to the public for meetings, rentals, and other uses. D. PAYMENT/ PAYMENT TERMS: Payment will be made after the goods/services from the awarded vendor have been received/completed; inspected and found to comply with award specifications, free of damage or defect,- and a properly billed invoice is received and processed in the Accounting Services Department. Payment will not be processed until the following occurs: 1. The complete and satisfactory receipt of all items ordered. All pricing in accordance with the bid. 2. The receipt of a properly billed invoice sent to the Contractor Administrator. Invoices to the COBB MUST include the following to permit verification of prices and expedite payment to vendors: 1. Name and Address of Vendor 2, A Unique Invoice Number 1 Date of Service(s) 4. Itemized pricing to include copy of vendors invoice for any equipment and parts used (including mark-up as specified in Attachment "C". 5, City of Boynton Beach Purchase Order Number Failure to timely submit invoices(s) vMn 30 days to the Contract Administrator as set forth above may significantly delay processing and payment of the invoice. The above terms and conditions are agreed to by submitting an offer on this bid. INCORRECT PRICING/INVOICES: Any pricing on invoices that are incorrect or freight charges that were not included on the original Purchase Order, must be brought to the attention of the Contract Administrator and corrected prior to the shipment(s) of goods or initiation of services. Additional costs that were not brought to the Contract Administrator's attention and did not receive written approval via a Change Order issued by the Purchasing Agent may not be honored. W; Page 481 of 1018 F. CHANGE ORDERS: Any addition(s) to the Scope of Work or to a Purchase Order as a result of the bid award that adds additional costs must be brought to the Contract Administrator's attention and approved by the Purchasing Department prior to commencement of additional work, shipment of goods or the addition of unauthorized freight charges. Once approved, a Change Order will be issued to include the additional costs and work may commence and/or shipment of goods can begin. Additional costs that were not brought to the Contract Administrator's attention and did not result in a Change Order approved by the Purchasing Agent may not be honored. G. COMPLETION OF SERVIC ES/Ll Q U1 DATED DAMAGES: The completion date for repairs or projects shall not exceed quoted or set project schedule, unless written request for extension and the approved authorization has been granted. Should the bidder to whom the repair work is awarded, fail to complete the work within the number of days stated in the quote, the COBB reserves the right to'. 1. Collect liquidated damages in the amount of $250 per day work is not completed OR 2. Cancel the contract with the bidder and to secure the services through another source of supply to complete the work. ; otooerTfirol-gri inrotue ul Mutt 11101TIU, I Iff dfly d*U1tJ0[1d1 GUStU #Tel d11U Myorlu tne currNiginai 3,11T prices, which were incurred by the COBB as result of having to secure the services elsewhere or for liquidated damages. If the bidder fails to honor this invoice or credit memo, the COBB may remove that bidder from the contract. 1. CONTRACTOR'S RESPONSIBILITY: 1. Upon award of contract the contractor shall provide within 90 days a complete inventory list of all HVAC equipment for the COBB facilities. 2. Upon award of the contract, the Contractor shall replace all cardboard filters and inspect metal framed filters and write the date of the filter change on the filter. 3. Upon award of contract, the contractor shall affix to the unit an inspection/Maintenance sticker of the date of Inspection. 4. Contractor shall inspect monthly, all filters (cardboard and metal framed), cardboard filters shall be replaced monthly, metal framed filters shall be replaced every 12 months. Contractor shall write on the filter at every monthly inspection with a sharpie the date of the inspection. 5Contractor shall inspect monthly, electrical connections, gas levels (if the pressures are low then perform a leak check), exhaust fans, belts, motors, bearings, etc. for proper operation. LOW Page 482 of 1018 6. Contractor shall monthly flush and clean condensation lines. 7. Contractor shall quarterly clean ice maker coils. & Contractor shall change monthly all "single" cartridge ice makers. 9. Contractor shall change monthly the "white" cartridge on the 3 filter system ice makers, M Contractor shall monthly inspect bottle filling water fountains and change filter cartridge when the light is Ifte to change. 11. Contractor shall bi-annually degrease and clean all coils. 12. Contractor shall affix to the unit a maintenance sticker stating the date of the monthly maintenance. 13. Contractor shall take field measurements and verify field conditions. Contractor shall carefully compare such field measurements and conditions and other information provided by the COBB before commencing activities. Errors, inconsistencies or omissions discovered shall be reported to the COBB at once prior to commencement of work. Failure to report conflicts to the Contract Administrator will result in contractor's corrective action at their own expense. 14. The contractor shall be responsible to ensure frequent pick-up of all refuse, rubbish, scrap materials, and debris that result from their operations so that work site presents a neat and orderly appearance at all times. All rubbish, scrap, etc., shall be transported from the premises. NQ rubbish shall be deposited as fill on the work site. At completion of work, the contractor shall remove all work materials, tools, construction equipment, machinery, and surplus materials from the work site and shall leave project in ready to use condition. 15. Contractor shall be responsible for the protection of all buildings, structures, and utilities that are underground or above ground from their operations that may be hazardous and/or damaging to said facilities. 16. Contractor shall provide due care at all times while performing any task at any COBB controlled location to cordon off, barricade, and/or post signs to maintain a safe distance to avoid creating hazardous condition for pedestrians, property, and vehicles. 17. The contractor shall accept full responsibility for refrigerant handling at every assigned job/project. 18. The contractor shall provide a construction work schedule and submit it to the COBB designated contact person. The schedule shall include estimated commencement and completion dates. 19. Safeguard of all equipment, tools, materials, etc., at the work site is the contractor's responsibility. M Contractor shall not inhibit access to the COBB facilities during pursuit of work specified herein. 21. Contractor shall leave the work site in a neat and orderly fashion at the end of each workday MU# Page 483 of 1018 22. All personnel (contractor or sub -contractor) shall contact the Contract Administrator prior to cAl mmencing any work for the purpose of providing CO BB escort. IM' -#f t1teir =*r�. 24. The contractor shall be responsible for the protection of all personnel against hazards and/or injuries due to their construction operations at the work site. 25. Contractor shall correct any and all damage caused by their operations to the COBB's satisfaction at no additiona I cost to the C 0 B B. 26. The contractor shall have an English-speaking supervisor/representative on the worksite at all times, who shall be thoroughly knowledgeable of all plans, specifications, and other contract documents and has the authority to act in the contractor's behalf. 27. The contractor shall be responsible for the appearance of all working personnel assigned to the projects (clean and appropriately dressed) at all times, and their compliance with the COBB Policies and Rules prohibiting smoking and consumption of alcohol and illegal drugs while on COBB property. The provision or use of existing sanitaryfacilities will be discussed and determined at the pre -construction meeting. All contractor and sub -contractor personnel must have a badge, indicating clearance. The contractors name and a traceable number must be visible. 28. Contractor shall not proceed with any project until in receipt of Purchase Order or Change Order. 29Contractor shall ensure all work is installed straight, level, plumb and in a workmanlike manner. The Contractor shall, and in addition to all other guarantees, be responsible for faulty labor or workmanship and shall promptly correct improper work, Without cost to the COBB, within 24 hours after receipt of notification of such faulty labor or workmanship. If the Contractor fails within 24 hours to correct defects, the Owner shall be entitled to have such work remedied,and the Contractor shall be fully liable for all costs and expense reasonably incurred by the Owner. Payments in full or otherwise do not constitute a waiver of this guarantee. The guarantee period shall be effective for one (1) year after acceptance of the work by the C 0 BB. ; I or all, emlines 1. W the contractor must notify the Contract Administrator with details of additional work and an Itemized pricing to complete the additional work. This work shall not start until contractor is in receipt of an approved change order. In cases of emergency, the Contract Administrator will follow the COBB's Purchasing Department Emergency Purchases procedure as applicable. 31. Contractor shall use only factory OEM parts while performing services and equipment under original warranties. After -market parts will be permissible on units out of warranty period upon COBB's approval. Prior authorization must be obtained before acquisition and installation is performed. 32. Contractor shall be responsible for correction/replacement, according to local codes and COBB's satisfaction, of all water lines, sanitary lines, electrical lines, curbs, sidewalks, streets, parking lots, grassed areas, etc., broken or damaged as the result of contractor's HE Page 484 of 1018 33. Should any contractor/employee in the perforTnance of this contract encounter materials thall they suspect are embedded with asbestos, they should - a. Stop all work alAhe site and do not disturb the area of suspicion. b. Contact the Contract Administrator or their designee. c. Call the appropriate trade supervisor and advise them of the discovery. d. Leave the site until the materials can be analyzed. 34. The Contractor shall conform to all Federal, State, County, and SDPBC standards and regulations during the performance of the Agreement. Continued violations by a Contractor may constitute cause for immediate termination of the contracL 35. Technical Literature" Two copies of product information, including technical and descriptive literature, shall be provided with all new products installed in the COBB. Technical literature shall be provided to the Contract Administrator. 36. Submittals: Contractor is required to submit catalog cuts, specifications sheets, and any other technical data necessary to enable proper evaluation for all materials and/or equipment which will be utilized in the performance of each project resulting from this bid. Failure of the contractor to provide the foregoing information may be grounds for rejection of quotes associated with this bid 37. Repair and Maintenance Manuals'. Three manuals containing troubleshooting procedures, parts list, disassembly instructions, schematic diagrams, etc., shall be provided at no cost for each unit of equipment furnished under any contract resulting from this Bid. Job will not be considered complete until all manuals have been received. 38. Installation: Successful vendor shall be responsible for unloading, uncrating, setting in place and making ready for operation all items awarded. Successful vendor shall be responsible for furnishing all labor and materials to install designated items. Wsta Lion S _1 "USMI(Tec - F � replacement is involved), full and complete hook-up of new unit. Vendor shall make all final connections. The COBB will furnish necessary services within a reasonable distance. Disconnection and/or hook-up of units shall be accomplished only by personnel certified by the State of Florida or Palm Beach County as being qualified to perform task involved and demonstrate. When applicable, vendor shall be responsible for all utility locates at their expense. 39. Inspections: The contractor shali notify the assigned Contract Administrator of job progress and make arrangements for COBB inspection of work performed. The contractor shall not proceed with other work until the previous portion has been approved. Required inspections will be outlined in the scope of each job or at pre-constructon meeting. A minimum of 24 hours' notice to the COBB must be provided for each inspection. Completion of contract shall be defined as final inspection and subsequent sign -off by inspector/project manager, on all work as satisfactory and acceptable to the COBB. ME Page 485 of 1018 41. Uncovering of r undergroundThe contractor may be required to photograph new installations and/or repairs made • Representative •images forwarded • the ContractAdministrator,be r• or r s * w r a -� ,. ♦• w M • s M • r ��.+ ter. �r r -� w► • Repair:41. Service/ All repairs shall be • a a time and materials basis. 4. Troubleshooting: Once the technician determines nature or cause of failure, he must provide written cost of repairs to the Contract Administrator. Contractor shall submit the following, where applicable: a. Final Invoice b. Approved mechanical, electrical and structural prints and final inspection report. c. Warranty documents d. Operational Manuals e. Repair Manuals f. Parts List 44. The City will be implementing a new asset management program to assist in keeping records of preventative maintenance of assets. All assets will be tagged with a Q R cod'i the contractor . responsible qY scanning each asset at the lime of preventative by the bidder and will not be reimbursed by the COBB. ME Page 486 of 1018 I WAI Preventative Maintenance Line Item Description Rate I T— Preventative maintenance (per ton) 0 .. 5 tons $11,00 2 Preventative Maintenance (per ton) 5 - 39 tons $6.50 3 Preventative Maintenance (per ton) over 40 tons $475 4 Preventative Maintenance (per Unit) - Exhaust/Supply Fans Flat Roof $45.00 5 Preventative Maintenance (per Unit) - Exhaust/Supply Fans Sloped Roof 12250 Subtotal: $ 15935 Labor Rates - Regular Regular Time: Monday - Friday 7:00 a.m. – 5,00 p.m. Line Item Hourly Rates Regular – Labor Rate Est. Hours Total 1 Supervisor $85.00 40 $3,400.00 2 Licensed Journeyman $73.00 40 $2,920.00 3 Forman $73.00 40 $2,920.00 4 Apprentice/Helper $42.50 40 $1,700.00 5 Controls Technician $110.0000 40 $4,400.00 6 Service Technician $73.0000 40 $ 2.920.00 Summary Table Bid Form Amount Preventative Maintenance $ 159.75 Labor Rates - Regular $ 18,260Z0 Labor Rates - Overtime (this is for internal use only, not to be considered as part of award) $ 29,400.00 Labor Rates - Premium (this is for internal use only, not to be considered as part of award) $ 29,4100.00 Subtotal Contract Amount: $ 77,219.75 ME Page 487 of 1018 A/C and Exhaust Inventory Sheet DATE: FACILITY UNIT LOCATION UNIT Exhaust Fan Manufacturer Name Manufacturer Name Manufacturer Date Manufacturer Date Model # Model # Serial # Serial # Freon Type Number of blades Motor Size (HP) & (RPM) Motor Size (ISP) & (RPM) Electrical Supply Electrical Supply Electrical Phase Electrical Please Electrical Amps (max.) Electrical Amps (max.) Filter size(s) Fan Size Belt size(s) and model type and #'s Exterior screened YES NO Life expectancy Exterior screened condition OR Page 488 of 1018 zone . . . ......... 489 of 1018 —Page "ilium, UNION, identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REOUIRED | Liability ----------- __________----------- General Aggregate ____ *t8Vo.oCm.m0 Commercial General Liability PmductsComp/opAgg. $ 1.000,00000 owmero& Consultants Protective (oCP) Pmmumm & Adv. Injury $11.0000Wo�00 Liquor Liability Each Occurrence $ 1^000'000�00 Professional Liability Fire Damage (any one fire) * 50.000�00 Employees & Officers wed. Expense (any one person) $ 5,000m Pollution Liability Asbestos Abatement Lead Abatement Broad Form Vendors Premises Operations Underground Explosion &Collapse Products Completed Operations Contractual Independent Consultants Broad Form Property Damage Fire Legal Liability ......... ------------------------------ -----`-------------'----- ---------- ---------- --`----------------- Automobile Liability Combined Single Limit * 300'000.00 Any Auto Bodily Injury (pc person) tobedetermined All Owned Autos Bodily injury (per accident) ungedetermined Scheduled Autos Property Damage mobedetermined Hired Autos Trailer Interchange $ 50.000.00 Non- Owned Autos PIP Basic |wannoda| -------------------------------------'—'--------------------------... Garage Liability ....... Auto Only, Each Accident . .... ------------------ $1.0OV^VOo.00 Any Auto othcrThunAuto Only * 100.000�00 Garage Keepers Liability Each Accident *1'Vn0^0mm.mm Aggregate $ 1'000'000�00 -----'---'-----------'--------'----------------------'--'--------------'------------- Excess Liability Each Occurrence wmbcdetcrrn^nc6 Umbrella Form Aggregate tobcdetermined Workers compensation Statutory Limits Employer's Liability Each Accident $ 100,000.00 Disease, Policy Limit $ 500,000.00 Disease Each Employee $ 100,00OZO Property Hmme*mcmRevocable Permit Builder's RiskUrnits. based on Project Cost $ 300,00(100 to be determined ME Page 490 of 1018 7.D. Requested Action by Commission: Approve Task Order 103 with Atlantic Southern Paving and Sealcoating in the amount of $163,038 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) BI D No. PW E22-008, awarded by City Commission on April 5, 2022, to provide asphalt and sidewalk rehabilitation to SW 18th Street, in Boynton Leisureville. Explanation of Request: SW 18th Street in Boynton Leisureville has been inspected and assigned a condition grade of "D". This road was scheduled to be milled and resurfaced last year (see Attachment 1 — Proposed Work Exhibit); however, due to pending utility repairs, the project was put on stand-by. All utility repairs have been completed and the project is ready to proceed. Also, this community has complained about speeding and cut through traffic. A traffic study has been completed and traffic calming is warranted. The locations of the proposed speed humps are shown in Attachment 2 — Proposed Speed Hump Locations. The proposals the City received, in accordance with PW E22-08, for this work were: Atlantic Southern $ 163,038.00 All County $ 169,220.32 Staff recommends Atlantic Southern for the amount of $163,038. How will this affect city programs or services? The roadway will be restored, providing better level of service to the residents and eliminate/limit the ongoing need for pothole patches. Fiscal Impact: The project will be funded from the Sales Tax Street Maintenance Funds (303-4905-580.63- 08, CP0266). Alternatives: Project could be rejected or postponed. If these options were selected, then the Street Maintenance team would continue to patch potholes. Strategic Plan: Strategic Plan Application: Climate Action Application: Page 491 of 1018 Is this a grant? Grant Amount: Attachments: Type D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt D AttachirTIENI'lt Description AttachirTIE)lllt 1 FlrolPOSEd Work Exhibit AttachirTIE)lllt 2 FlropoSEd SPE)Ed I 1L.Airnp I ocaboins AttachirTIE)lllt 3 Ataintic's Fliroposa�� AttachirTIE)lllt 4 Al COL.All'Ity'S Fliroposal� Page 492 of 1018 )bI ;,)lid yullow (Y' C111Ws pl"wud 1p 1)0 l flI2 III Co SId 11' 1 /;Ihl 4 ol 19 (1 Y11 Task 103 - SW 18th St. (SE 23rd Ave north to Woolbright Rd.) (sht 1 of 4) IROAI) WIIII 11 IRI:::QUIIIRI: %VI:IVI:::14 T'ASISSIVI:II14 T'BY CBB IIRII:::J::�011:� T, 11::q:' 11011:� TO IIAIIIIII ExIsHing & 111ave wl 'I'yjpe S 111111 AsIphalft I 1/2""II'lli Maii ll( & Resh 111pe as pw exisding 11 aycift Page 493 of 1018 S1aiI Illi 111111ing & :Iav�inu Denotes Sidewalk Replacement Location 0 Denotes ADA Mat 0 Denotes Sign Requirement BY CBPOAII!)WIll llll. IR11EQU1111RIE,PAVIE111WEIN-11' ASII:wISSIIAII::Illq'11'Illy ll::111:1011:R'll'Il:lIlly IIOIlly 'll'O c 0 IN S'll, IR u cli, 110 IN I Abl ,)Ild yullmv (Y, Illlm,!) plkwud I 1)0�0 flI2 I'll I d I III / �Ih 1 4 iAf 19 (1 Y I Task 103 - SW 18th St. (SE 23rd Ave north to Woolbright Rd.) (sht 2 of 4) x6 v, (AASH 11 AIDA Mal ,�x 10 V, r,ist 111 AIDA Mal Hb,)Ild yullow (Y, Illlm,!� plkwud I 1)0r0 flI2 I'll D) SId 1 11 1 /!;Ihl 4,)[ 19 (11 Y1111) A11111 Exisding & Illave wl 'll'y1pe S 111111 AsIlphallft 1 1/2"' 'I'lli IlAaii ll( & IIResh ilex as Im exisding 11 aycift Page 494 of 1018 11ROA11) WIIII 11 IR11EQUI111RIE,IIAVIE,IAIE,ITI' BY CBB ASII:wISSIIAII::Illq'11'11:Rll::111:1011:R'll'Il:l11:RIIOII:R'11'O CIO INS11,111, u I C1,11,110 IN Task 103 - SW 18th St. (SE 23rd Ave north to Woolbright Rd.) (sht 3 of 4) IIAIIIIII ExIsHing & 111ave wl 'I'yjpe S 111111 AsIphalft 1 1/2"' '111h IlAaii ll( & Resh 111pe as pw exisding 11 aycift Page 495 of 1018 Denotes Sidewalk Replacement Location Denotes ADA Mat Denotes Sign Requirement 'ROAD IIII...IL..IIIRI::iQUJllIIIRIlkii : BYCBB 1LJ:::J::x011:� T, 11::q:�11011:� TO COINS TIRUIC T'110114 Task 103 - SW 18th St. (SE 23rd Ave north to Woolbright Rd.) (sht 4 of 4) IIAIIIIII IXIsflIng & :IaVe W/ III ype S 111111 AsIphalft 1 112" "'11"'h, Mail k & IIResh 111pe as peel exisding 11 ayclift Page 496 of 1018 Denotes Sidewalk Replacement Location I = Denotes ADA Mat ODenotes Sign Requirement The Speed Humps will look like this: Page 497 of 1018 Speed Hump Location No. 1 Speed hump placed as shown by the blue line above between 1706 & 1708 (east side of road) and 1703 & 1705 (west side of road) SW 18th St. Advance Warning Signs placed as shown by the blue circles between 1701 & 1703 and 1712 & 1714. The Advanced Warning Signs will look like this: Page 498 of 1018 Speed Hump Location No. 2 Speed hump placed as shown by the blue line above between 1804 & 1806 (east side of road) SW 18th St. Advance Warning Signs placed as shown by the blue circles between 1808 & 1810. Page 499 of 1018 Speed Hump Location No. 3 Speed hump placed as shown by the blue line above between 1908 & 1910 (east side of road) and 1907 & 1909 (west side of road) SW 18th St. Advance Warning Signs placed as shown by the blue circles between 1905 & 1903 and 1912 & 1914. Page 500 of 1018 The last item for discussion is the bulb -outs that will effectively eliminate one lane on Campanelli: The blue lines above represent the new stop bars. The Red dots represent a temporary lane closure. Delineator posts will be installed to block vehicles from a portion of the road. The idea here is that cars will need to yield to on -coming traffic and take turns. A single post looks like: Page 501 of 1018 Mill and Pave Proposal City Of Boynton Beach Public Works Carl Frumenti Project: SW 18th St. / Task 103 SW 18th St. Boynton Beach, FL 33435 ATLANTICS0 UTHE RN PAViN G )'kNiD S E,Pf� L C, Q,A'IfIN���� Rich Atzert Account Manager Page 1 Page 502 of 1018 Your Pavement Contractor Company Info Contact Person AT'LANT'IICSOUTHERN PAVHf G ANI)SiFAiCOA:riNG Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise, Florida 33313 P: 954-581-5805 F: 954-581-0465 hftp://www.atianticsouthernpaving.com About Us Rich Atzert Account Manager Rich@atianticsouthernpaving.com Cell: 954-299-6114 Office 954-581-5805 We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK FDOT Peitied ('-Pant 11tar Page 2 Page 503 of 1018 Proposal: SW 18th St. / Task 103 Barricades 1. Item 3 - Type I Barricades 100 @ $2.00 each $200.00 2. Item 16 - Message board (2) 7 days @ $27.00 per day $378.00 3. Item 3 - Flagmen 168 hours @ $26.25 per hour $4,410.00 Total Price: $4,988.00 Mill and Pave 1. Item 88 - 1.5" mill 7,929 SY @ $3.60 per SY $28,544.40 2. Item 72 - 1.5" asphalt 660.8 tons @ $130.00 per ton $85,904.00 Total Price: $114,448.40 Speed Humps 1. Item 97 - Speed hump 3 @ $4,000.00 each Total Price: $12,000.00 Concrete 1. Item 145 - 4" concrete replacement 1,080 SF @ $7.50 per SF $8,100.00 2. Item 147 - handicap mats 22 @ $250.00 each $5,500.00 3. Item 28 - Floritam sod 288 SY @ $5.50 per SY $1,584.00 Total Price: $15,184.00 ATLANTICSOUTHERN W/11'41A AIND StiALCO MMG Page 3 Page 504 of 1018 Proposal: SW 18th St. / Task 103 Striping 1. Item 111 - 24" white 418 LF @ $10.00 per LF $4,180.00 2. Item 102 - 6" yellow 4,940 LF @ $1.80 per LF $8,892.00 3. Item 103 - 6" white 252 LF @ $1.80 per LF $453.60 4. Item 110 - 18" yellow 45 LF @ $9.20 per LF $414.00 5. Item 77 - yellow RPMs 130 @ $15.00 each $1,950.00 6. Item 112 - arrows 6 @ $88.00 each $528.00 Total Price: $16,417.60 ATLANTICSOUTHERN W/11'41A AIND StiALCO MMG Page 4 Page 505 of 1018 Proposal: SW 18th St. / Task 103 AM nal 'd(", �A I i I e 1", p, C�00 r,u c, ( I i Y , [ 4, , :, k r,'u ( 'I r, Task 103 - SW 18th St, (SE 23rd Ave north to Woolbright Rd.) (SM I ol fl Exhibit ROAD WILL IREQUIRIE PAVEIMEW ASESSMENTIBY CBIB REPORT IPRIIOR rio MKI Eyh4rvg & Pmm, m' Type S HI Asphaft 'tl V2" Th, Mark & Restripe, as p@.r widstMg L iyaw Notes: Page 5 ATLANTICSOUTHERN Wfllkl, l',D SAILCOMMG Mflfinq Cc, VY -YT Den"A" SkUWA Replacernerit Loca6orp = D*nnit�% AVA M41 Devi olve5 Sign Re, quir revi 'ellIT Page 506 of 1018 Proposal: SW 18th St. / Task 103 Exhibit By C1130AID MILL REQUIRE PVEMEVIT ASESSAMENT IRIEPORT MOP TO (','ONSTRUMON ATLANT'ICSOUTHERN W/11'41, AINID SAILCOMMG MA%,AOJI@Ihov�" 1{ ph lri l3" pw D,Ano # Ly ,7 vf(TYT i Task 103 - SW 18th, St. (SE 23rdl Avo north to Woolbright Rd.) (slit 2 of 4N MM Epdsflng & Ilmlawo Type 'S Iff Asptualt Ii Mark & pewIpe as per exMing LaVow Notes: Degiolem sidewa% RellAactment Locadon Dein metes ADA Mm wT Denotes Si( n Requh ameni Page 6 Page 507 of 1018 Proposal: SW 18th St. / Task 103 Exhibit 1110AD MLL RIECRARE PAVEMIT -hF' &mmaAr4imi r4rPowr Pourm, Tc� %, ATLANTICSOUTHERN W/11'41, AINID Sti�AILCOMMG MH V edsfiing $, P"Alv# W "0 Ty'. S fil A&phall 1 IJ2"' Tr4,,, Denmes SidewWik Wark L RwMHpie Is RqA,,w#rrw4m kxaflagi per, oxfisdng Layout Dpnr,�Ao�� AD A Mal Task 103 - SW 18th SL (SE 23rd Ave notch to Woo,lbright Rd.) tj' q Sigiiii Requkemeim (shit 3 of 4) Notes: Page 7 Page 508 of 1018 Proposal: SW 18th St. / Task 103 Exhibit ATLANT'ICSOUTHERN W/11'41, AINID Sti�AILCOMMG MHU bidisl6nPave mW 'F,vr,i* 3 [1111 Asph,,M1,t I VZ"' Th ROAD MILL REOWRIE PAVEMENT ASESSMENT BY CBB VIAvk & Rcwthpe as REPORT PRIOR TO per exi,%flng Lavcrul C'ONSTRUCTION Dzw ,ows, SidoaN Task 103 -'SW 18th St, ReAacemerjoocaflou (SE 23rd Ave north to Woolbright Rd.) Denotes ADI A Mm Domickog Sign R"nimmoni Notes: Page 8 Page 509 of 1018 Price Breakdown: SW 18th St. / Task 103 aT�a"T,DcsALCOM G Please find the following breakdown of all services we have provided in this proposal. This proposal originated on July 25, 2022. Item Description Cost 1. Barricades $4,988.00 2. Mill and Pave $114,448.40 3. Speed Humps $12,000.00 4. Concrete $15,184.00 5. Striping $16,417.60 Total: $163,038.00 Authorization to Proceed & Contract The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed, this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. The parties also acknowledge that the time for performance of the work may be impacted by market conditions beyond contractor's control in which event the contract time shall be extended. Please see all attachments for special conditions that may pertain to aspects of this project. This price of this contract is based upon completion of the work within thirty days from the date hereof, thus the price is good for a period of up to 30 days from the date listed herein. If the work is not completed within thirty days, and the contractor experiences price increases for materials in excess of those upon which the price of this contract were based as of the date hereof, the contract price shall be increased by the amount of the documented price increase. Page 9 Page 510 of 1018 Proposal: SW 18th St. / Task 103 Acceptance We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date: ATLANT'ICSOUTHERN W/11'41, AINID Sti�AILCOMMG Carl Frumenti I Project Manager Rich Atzert I Account Manager City Of Boynton Beach Public Works Atlantic Southern Paving and Sealcoating 222 NE 9th Ave 6301 West Sunrise Blvd Boynton Beach, FL 33435 Sunrise, Florida 33313 frumentic@bbfl.us E: Rich@atianticsouthempaving.com C: 561-512-4408 C: 954-299-6114 0: 561-512-4408 P: 954-581-5805 F: 954-581-0465 hftp://www.atianticsouthempaving.co Page 10 Page 511 of 1018 Task 103 - SW 18th St SW 18th St & SW 22nd Way Boynton Beach,FL 33426 Aug 3, 2022 ADVANCED MOT: 1. Set up advanced MOT to include lane closures, flagman, and signage. CONCRETE SIDEWALK REPAIRS: Up to 1,100 Sq. Ft. in (37) location(s) 1. Sawcut and remove the damaged sections of the concrete sidewalks. 2. Sawcut and remove any surface tree roots as required. 3. Place forms for new 4" & 6" thick concrete sidewalks. 4. Pour new sidewalks using 3000 PSI concrete. 5. Apply a broom finish to new concrete surfaces. 6. Strip and remove forms after new concrete has set. 7. Haul away any related debris. *This contractor will not be responsible for damage to grass, sod, irrigation or any other underground utilities. INSTALLATION OF RETROFITTED TRUNCATED DOME MATS: In (16) locations 1. Clean existing area where the mats are to be installed. 2. Prepare area for the new mats. 3. Apply an approved epoxy to the concrete surface. 4. Supply and install 16 yellow truncated dome mats. 5. Haul away any related debris. DAMAGED ASPHALT REPAIR: (1) Locations; Up to (300) Sq. Ft. 1. Sawcut and/or Mill where required and clean areas to be patched. 2. Tack areas with DOT approved primer tack. 3. Install hot plant mixed asphalt, Type S -III 4. Roll and compact areas with a steeldrum roller. 5. Remove any related debris. *This proposal includes up to 1.5 inch thick asphalt MILL ENTIRE SECTION: Up to 8,500 Sq. Yds. 1. Mill entire section 1.5 inches average 2. Any risers needed for underground utilities will be billed in addition to the contract amount 3. Haul away all debris. ASPHALT PAVING: Up to 8,500 Sq. Yds. 1. Tack areas with DOT approved primer tack. 2. Level any depressed areas prior to overlay. 3. Install 1.5 average hot plant mixed asphalt S -III 4. Roll and compact areas using a steel drum and rubber tire roller. 5. Remove any related debris from site INSTALL NEW SIGNAGE AND/OR POSTS: 1. Install New 12 new signs described below a. (6) Speed Hump Signs on Single Post b. (6) Speed Hump Ahead & XX MPH Signs on Single Post c. (1) Re -set Stop Sign & Post 2. Haul away any related debris. 'Project bid with typical industry and municipal standards. City specifications, permit and code requirements are subject to change without notice. 3SPEED HUMPS: 1. Clean areas where speed humps are to be installed. 2. Tack area with a DOT approved primer tack. 3. Install speed humps 12 feet wide + or -, by 4 inches high + or -, by the length of the roadway using hot plant mixed asphalt, type S -III. 4. Roll and compact the newly installed speed humps. 5. Paint new speed humps using DOT approved white thermoplastic chevrons per detail. 6. Haul away any related debris. THERMOPLASTIC PAVEMENT MARKINGS 1. Clear away loose dirt and debris. 2. Pour thermoplastic road marking materials to include:all pavement markings per plan including temp paint. 3. Thermoplastic will be applied at a rate of 90 wet mils. 4. Glass beads will be incorporated in the material for retro -reflectivity. 'Project bid with typical industry and municipal standards. City specifications, permit and code requirements are subject to change without notice. REFLECTIVE PAVEMENT MARKERS (RPMs):(YN & W/R) Color ITEM NO_ DESCRIPTION UNIT EST_ UNIT PRICE UNIT PRICE 3 Type I Barricade per FOOT Standard Index No. 102-600 - Provide for project duration up to 14 days EA 250 $ 5.010 1 50.0 T 5 Type 11 Barricade per FBOT Standard Index No. 102-600 - Provide for project duration up to 14 days EA 250' 5.00 S0r00 7 Type III Barricade per FDOT Standard Index No. 102-600 - Provide for project duration up to 14 days EA 32 8.00 16 Portable Changeable Message Sign (PCMS) ED 60 S 40.100 g 2.40G.00 20 MOT Certified Flagman (per person) HR 135 S. 48.00 S. 6.490 X000 72 1 1)2" Type S-III Asphaltic Concrete (1 Lift) place by paving machine, including tack material & compaction (500 or greater assignments) TON 725 3 1.1.5.106 4 S3.37 5.,00 88 1 1)2" Average thickness - Roadway Milling, including mobilization, MOT & all incidental work & equipment to include hauling off, stockpiling, or otherwise disposing of material. SY 8500 ry'. 2.._16 S. ?,1..5fl.610 93 Saw out, Remove and Replace 1.5' of Asphalt (Two lifts) SY 35S 3600 $ 1.366.660 97 Speed Hump (CBB std Det. P-26) EA 3 5, 2.500,66 ,5 7.5a0000 102 Thermo Plastic (Yellow Solid 6") LF 4930 S 1.9'6 5, x.,9'4,66 103 Thermo Plastic (White Solid 6") LF 295 'S 1.96 5 531.00 108 Thermo Plastic (White Solid 12") LF 184 5 4,5,6 S 93$.64, 110 Thermo Plastic (Yellow Solid 18") LF 50 3 15.49 S 324.D0 111 Thermo Plastic (White Solid 24") LF 1150 S 9 1a 5 1:368.010 112 Thermo Plastic (Arrows) 8ft high EA 9 S 1'3+6.1.2 S 1'13' '09 121 Retro-Reflective Pavement Markers - YN (remove and replace) EA 174 12.00 S 2.6119.66 122 Retro-Reflective Pavement Markers - W)R (remove and replace) EA 13 S 9,6:6 S 15 60 123 Single Post Sign (up to 36" x 36') EA 6 342.00 S 2.452.66 124 Single Post, two signs (up to 36" x 36') EA 6 559.00 S 3.349.06 127 Furnish & Install Street Sign (per CBB Std detail-NO POST) 1, 259.00 $' 259,60 129 Traffic Paint (all widths, all colors) SF 84 3 SG S 151.20 T41 Concrete, 4" thick concrete sidewalk including formw ork, sod removal & disposal (20 to 100 SY assignments) (3000 PSI W)Fiber) SF 625 14.00 S 9-756.60 143 Concrete, 6" thick concrete sidewalk including formw ork, sod removal &disposal (20 to 100 SY assignments)(3000 PSI W�Fiber) SF 475 y 1,5,00 147 ADA Detectable Warnings JEA 16 S 45aoo S',7006.19'6 10TA ....... ".A'.' WILL W.01ME Task 103 - SW 18th St. f�S,E 23rd Ave north to Woolbright Rd.) III A�— I I I I 1 11 11, Task 103 SW 18th St. (SE 23rd Ave north to Woolbright Rd.) Task 103 -SW 18th St, (SE 23rd Ave north to Woolbright Rd.) Ish{ 2 of 41 E- TFDRTQRFI Task 103 -SW 18th St (SE 23rd Ave north to Woolbright Rd.) (.14 . a) Billing Company & Contact Name: Billing Street Address: Billing City, State, Zip: Billing Phone Number: Billing Contact E-mail We propose to furnish the material and perform the labor necessary for the completion of project in accordance to specifications, and subject to conditions stated herein for the sum of: $ 169,220.32 'Customer to enter $0.00 if no options selected All Prices quoted are valid for 30 days from the date of this proposal. This proposal price is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday - Friday, excluding holidays. Additional fees will apply if work is required to be completed at night or on the weekends. Please contact your sales representative for details. ACCEPTED: Prices, specifications, terms, and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. We agree to pay the total sum or balance in full upon completion of this project. Payment will be made as outlined below. As Per Terms & Conditions of Purchase Order ❑ Select if email invoice is preferred Signature of Approval by Customer Printed Name & Title/Position Date CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation 1. All County needs suitable access to the work area, and if it is dependent upon, or in conjunction with the work of others, such work shall be performed and completed prior to arrival, so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am, unless otherwise agreed, to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as necessary. The Customer is financially responsible for towing ' services and any created delays. If any cars are left on the area of work, All County Paving cannot beheld responsible for any damage to the vehicle. 4. All County Paving will not be responsible for persons entering the work area, tracking of materials or paint, or any damages to cars or persons trespassing in the designated areas. 5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival. 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project. The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely. 7. Suspend lawn cutting during the work period. 8. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas. 9. Dumpsters in the scheduled area must be removed or moved to another area. Dumpsters not moved, will be subject to additional fees. Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has properly cured. 2. Large cracks in the existing asphalt may reflect through the new asphalt in time. 3. There will be a tire 'tracking' -this cannot be avoided, but the tracking marks will disappear in time. 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application. If sealcoat is desired later, All County Paving will be happy to quote you separately. 5. Sealcoating is not a crack filler. All existing cracks in the pavement will still be visible after sealcoating. 6. All County Paving cannot guarantee elimination of standing water. 7. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of (1) year, excluding normal wear & tear. 8. All County guarantees all workmanship and materials for up to (1) year, excluding normal wear & tear. Warranty starts at conclusion of work and is not valid until payment has been made in full. 9. A certificate of Insurance will be issued upon request prior to commencement of work. CONTRACT TERMS AND CONDITIONS 1. Our proposals are limited to include items only, anything not specifically included is excluded from contract. Any alteration or deviation from proposal specifications involving extra costs,will be executed only upon written orders, and will become an extra charge over and above the estimate. 2. The proposal or contract provided, including all stated terms and conditions, shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades. As such All County Paving makes no claim that ADA upgrades will meet any/all local,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits, All County Paving will coordinate the process and charge an Actual Permit & Procurement Fee of $495.00 per permit, plus actual cost of permit(s). Any additional work required by the permit(s) will be extra to the contract amount. 5. Any work performed by All County Paving which work is on public property, the (Client/Owner) agrees and understands that the project property which it owns shall be charged with all indebtedness here under. 6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys' fees and all costs of litigation from the other party, including appellate attorneys' fees. 7. All accounts past due will incur a finance charge of 18% per annum. 8. All County Paving reserves the right to withdraw the proposal at any time prior to the commencement of work should material price fluctuations rise significantly. 9. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 10. Any additional mobilizations for Paving will be billed at a rate of $5,500.00 each. 11. Any additional mobilizations for Sealcoating will be billed at a rate of $1,750.00 each. 12. Delays to All County Paving of a Maintenance Crew shall be paid at a rate of $200.00 per half hour and delays to All County Paving of a Paving and/or Milling Crew shall be paid at a rate of $350.00 per half hour willby the customer. 13. Any broken car stops will be replaced at an additional cost of $60.00 each. 14. There will be a charge of $47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility. 15. Due to the fluctuations in the petroleum markets, All County Paving impose a fuel surcharge. 16. Reflective Pavement Markers are excluded from the warranty. Any additional reflective pavement markers that are required by the city code will be an additional charge of $10.00 each to the contract amount. 17. All County Paving will not be responsible for damage to grass, sod, irrigation or any other underground utilities. Excavated materials will be left in the islands/landscaped areas. 18. All County Paving will not be responsible for unforeseen conditions that arise,they may result in additional costs to the customer. 19. All County guarantees its' sealer products against peeling or flaking of stable asphalt for a period of (1) year, excluding normal wear and tear. 20. Newly seal coated areas will be barricaded for 24-48 hours after project completion. It is the responsibility of the customer to keep the area clear to allow proper curing of the material. Failure to do so will void any warranty. 21. All County Paving guarantees all workmanship and materials for up to (1) year,excluding normal wear and tear. The warranty starts at the conclusion of work and is not valid until payment has been made in full. 22. All work is to be completed in a workmanlike manner according to standard practices. Our workers are covered by Workmen's Compensation Insurance. Customer must initial here that they have read and accept the above Terms & Conditions 7.E. Requested Action by Commission: Approve Task Order 118 with All County Paving in the amount of $111,690.50 in accordance with the Asphalt and Sidewalk Rehabilitation Contract (Annual Contract) BID No. PW E22-008, awarded by City Commission on April 5, 2022, to provide asphalt and sidewalk rehabilitation to NE 2nd Ct., NW 2nd St., and Seacrest Ct. Explanation of Request: NE 2nd Ct., NW 2nd St. and Seacrest Ct. have been inspected and assigned a condition grade of "D." These roads are in the worst condition in their vicinity. Included with the milling/resurfacing/pavement markings is the replacement of broken concrete sidewalk flags and the installation of ADA detectable warnings at the intersections. The proposals the City received, in accordance with PW E22-08, for this work were: Atlantic Southern $ 112,352.22 All County $ 111,690.50 Staff recommends All County Paving for the amount of $111,690.50. How will this affect city programs or services? This work will restore the roadway and end the calls requesting pothole repairs from the businesses using the road. Facilities - Street Maintenance will no longer need to patch potholes. Fiscal Impact: The project will be funded from the Sales Tax Street Maintenance Funds (303-4905-580.63-08, CP0266). Alternatives: Commission could reject or postpone the project. If these options were selected, then the Street Maintenance team would continue to patch pot holes. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Page 518 of 1018 Grant Amount: Attachments: Type D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt D AttacftrTIENI'lt Description AttachirTIENI'lt 1 SCOPE) for INE 21nd C Attac,hirTIENI'lt 2 SCOPE) for INVV 21nd St aind SE�,acir'E)St Ct AttachirTIENI'lt 3 Al COL.All'ItyFliroposal� AttachirTIENI'lt 4 Ato intiC SOLAChENrinFliroposal� Page 519 of 1018 ur R A Ul'i,nii, (I III by CIBIR) 4'x4 Aflill IllxIsfIng AIS11311half and oveirlay wifth T T/2" tl y1pe S 111111 AIS11311half IllavIiing ,TsjI31IAI-AssessinCein1 requIred, foir ��ii;*tdl Completed Io Katy 11 of II avhng-511peiralIons Illaveireinf 114airlding Io coinfoinir Io requIreireinIs of I Co tl I T7 Relpahr/irelplace sod of "flike" Iy1pe"as ineeded of aIll 1::0P ure 1pah" Ilocafoons Io exfoind I V TASK 118 -NE 2nd Ct 4'x2 AT I H SI—E Page 520 Of 08GE REPAIR DETAIL 2i,1 HIA Yullovv I Alop 11,,1r 1 4 HI 11I xl;luuq Nol VICINITY MAP .......... 1/4" R DI 12' CLEAN AND GRADE SUBGRADE MIN. 95%_4' (TVP) MAX. DENSITY PER PASHTO T-99. 1/4" PER FT. SLOPE CY SECTION A -A CLASS I CONCRETE PER SECTION 345, F.D.O,T, STD. SPECIFI ATIONS, OROTHER APPROVED SIDEWALK CONSTRUCTION MATERIAL. DETAIL AT I H SI—E Page 520 Of 08GE REPAIR DETAIL 2i,1 HIA Yullovv I Alop 11,,1r 1 4 HI 11I xl;luuq Nol VICINITY MAP north � If; in d o f 114 ew Aqp I ra I I I- d q u I C u pa I r — c') I I, :I-, I u S I duv,m I k I �u I I ovul I 2u p I 'm u I Wuvv Co I I( ru I u S I duvvm I k A I A I m:11 u Wan iii q IM,,aI AIIIAII PAVEMENT IIIE suecaAOE 6 TASK 118 - NW 2nd St & Seacrest Ct Page 521 of 1018 MMHM�HMM W1111 I::xlsfhnU Asphalf and oveirlay wifth t t/2" tl y1pe S 111111 pop half llavhng AsjjJ-Maff-Aw,gssirein1 "aWn'06 oir suljiirftPal Completed fo Chy 11 of pakw,.opreruafooura '-g Illaveiraid Aw"Iding fo coinfoinir 4o requhreireinfs of :11:l, Co fll' t7 Relpahr/irelplace sod of "Hiker" Pyjjpe"as ineeded of Al IlOP "elpah" IIocafooury fo exfoind base V pg 1 of 2 of IlNew lent north colic irulu Siduvvlfflk ASPHALT I" uI I ovl ujpllwu PAVEMENT Nuvv Colwirulu Siduvvlfflk BASE AHA, I ludilu Wan iii q Ml�l C S1B.RAAE EDGE REPAIR DETAIL TASK 118 - NW 2nd St & Seacrest Ct Fage 77—oMl 8 NOT'11=:::& W1111 II::xlsflinU Asphalf and oveirlay willh T T/2" � y1pe S 111111 Asphalf 11:1avling re inured fou ,,wIWT,Hntl Completed lo Cily I11 inglineeirprwW u.a'hiii,iiii,ieiiiceiii,ieiiiI of aqvviiw� ills �-eqi9f5:59 :1aveireinf Ill lo coinfoilir lo requlireireinfs of 11111II, Co flll T7 Relpalir/irelplace sod of "flike" lype"as ineeded of All 11::OP relpalirlocalloins lo exleind Ibase V pg 2 of2 Task 118 - NW 2nd St & Seacrest Ct NW 2nd St & NW 14th Ave Boynton Beach,FL 33435 Aug 1, 2022 ADVANCED MOT: 1. Set up advanced MOT to include lane closures, flagman, and signage. EDGE REPAIR: Up to 400 LF 1. Excavate/Trench area for new edging installation, up to 12" deep. 2. Place limerock in trench & compact. 3. Supply & install sod on top of rock. 4. Haul away any related debris. CONCRETE SIDEWALK REPAIRS: Up to 1,145 Sq. Ft. in (32) location(s) 1. Sawcut and remove the damaged sections of the concrete sidewalks. 2. Sawcut and remove any surface tree roots as required. 3. Place forms for new 4" & 6" thick concrete sidewalks. 4. Pour new sidewalks using 3000 PSI concrete. 5. Apply a broom finish to new concrete surfaces. 6. Strip and remove forms after new concrete has set. 7. Haul away any related debris. *This contractor will not be responsible for damage to grass, sod, irrigation or any other underground utilities. INSTALLATION OF RETROFITTED TRUNCATED DOME MATS: In (6) locations 1. Clean existing area where the mats are to be installed. 2. Prepare area for the new mats. 3. Apply an approved epoxy to the concrete surface. 4. Supply and install 6 yellow truncated dome mats. 5. Haul away any related debris. MILL ENTIRE SECTION: Up to 5,500 Sq. Yds. 1. Mill entire section 1.5 inches average 2. Any risers needed for underground utilities will be billed in addition to the contract amount. 3. Haul away all debris. ASPHALT PAVING: Up to 5,500 Sq. Yds. 1. Tack areas with DOT approved primer tack. 2. Level any depressed areas prior to overlay. 3. Install 1.5 average hot plant mixed asphalt S -III 4. Roll and compact areas using a steel drum and rubber tire roller. 5. Remove any related debris from site THERMOPLASTIC PAVEMENT MARKINGS 1. Clear away loose dirt and debris. 2. Pour thermoplastic road marking materials to include:all pavement markings per plans including temp paint. 3. Thermoplastic will be applied at a rate of 90 wet mils. 4. Glass beads will be incorporated in the material for retro -reflectivity. 'Project bid with typical industry and municipal standards. City specifications, permit and code requirements are subject to change without notice. REFLECTIVE PAVEMENT MARKERS (RPMs): (YN) Color TEM NO., DESCIRWITFON: U KET' iE"if, 6 diff ORK E 5. Type 11 Barricade per FDOT Standard, IndexRo. 102-60,13 — EA 1 PFOVide for Project duration upto 14 days �7 Typa III Barricade Per MOT Standard Indexl1c. 102-6GO, EA 12 S 1 Provide for project duration up to 14 days 20 IJOT Certified Flagman (per person) HR 104 ,22: Clearing and Grubbing (S,mialle,r than 1 acre) AC 1 23 Remove and Dispose, of unsuitable material CY 36 75.100 S 2,7130.00, 1129 Sod, Flaritarn SY 150 S 5.95 S 5912.50 49, Z" Limerock Base (min. lbr of 100), including prime coat SY 5{i S 20.tF0 S 70 1 112` Type, S-111 Asphaltic Concrete (1 Liftg place by paving, TON 185 27:225.)D& machine, including tack material & compaction (51 ton to 150,-ton assignments) f 71 1 VZ' Type S-111 Asphaltic Concrete (1 Lift) place by, paving TON 295, machine, including tack material -& compaction (151 ton to 4:99- ton assignments) 1 112` Average thicknem, - Roadway Milling, including SY 5500 2.50 S 13,75,0.n mobilization, MOT & all incidental work & equipment to include hauling off, stockpiling, or otherwise disposing of material. 1102 Thermo Plastic i;YeIIGW Solid 6") LF 2010 361100 i i i Thermo Plastic (White Solid 24') LF 1 DO S 9.12 S 912.W 121 Retro-ReflectIve Pavement Warkers, - )W (remove, and replace) EA lie 3 12.W S 192.00 124 Single Post, two signs (up to 36" x 36") EA 2 5 1,,115-00 141 Cancrete, 4" thick concrete sidewalk including formwork, sod SF 790 'S removal & disposal (20 to 10,0 SY assignments)13000 PSI VViFiber) :143, i Concrete, 6" thick concrete sidewalk including formwork, sod SF M5 15.00 removal & disposal (20 to 100 SY assignments)(30013 PSI ADA Detectable Warnings EA B S 5 G— TASK 118 -NW 2nd St & Seacrest Ct GENERAL MOTM AnphCN—g SI—K CO Si R­li- -d —1- tj­ 111-d TASK 118 NE 2nd Ct �DG E D-1 L north ............ TASK 118 -NW2nd St & Seacrest Ct gm Billing Company & Contact Name: Billing Street Address: Billing City, State, Zip: Billing Phone Number: Billing Contact E-mail We propose to furnish the material and perform the labor necessary for the completion of project in accordance to specifications, and subject to conditions stated herein for the sum of: $ 111,690.50 'Customer to enter $0.00 if no options selected All Prices quoted are valid for 30 days from the date of this proposal. This proposal price is based on work being completed during the hours of 7:00 AM and 6:00 PM, Monday - Friday, excluding holidays. Additional fees will apply if work is required to be completed at night or on the weekends. Please contact your sales representative for details. ACCEPTED: Prices, specifications, terms, and conditions are satisfactory and hereby accepted. You are authorized to do the work as specified. We agree to pay the total sum or balance in full upon completion of this project. Payment will be made as outlined below. As Per Terms & Conditions of Purchase Order ❑ Select if email invoice is preferred Signature of Approval by Customer Printed Name & Title/Position Date CUSTOMER INSTRUCTIONS AND INFORMATION Work Area Preparation 1. All County needs suitable access to the work area, and if it is dependent upon, or in conjunction with the work of others, such work shall be performed and completed prior to arrival, so All County can work uninterrupted in a single shift operation. 2. All vehicles must be removed from the work area no later than 7:15 am, unless otherwise agreed, to deliver the project work on schedule. 3. Tow Trucks need to be arranged 5 days prior to the start of work and must be on call to remove cars from the scheduled work zone as necessary. The Customer is financially responsible for towing ' services and any created delays. If any cars are left on the area of work, All County Paving cannot beheld responsible for any damage to the vehicle. 4. All County Paving will not be responsible for persons entering the work area, tracking of materials or paint, or any damages to cars or persons trespassing in the designated areas. 5. Existing asphalt or concrete cracks with vegetation growing in them should be prepared with several treatments of weed killer prior to All County Paving arrival. 6. The sprinkler system should be off 24 hours prior to the commencement of your project and stay off 48 hours after completion of project. The surface must be dry for our arrival as areas where the newly sealed pavement is wet may wear prematurely. 7. Suspend lawn cutting during the work period. 8. Please make sure street sweepers are cancelled during the sealcoating projects and should not be used on newly sealcoated areas. 9. Dumpsters in the scheduled area must be removed or moved to another area. Dumpsters not moved, will be subject to additional fees. Customer Expectation 1. New pavement is susceptible to scuffing and marks until it has properly cured. 2. Large cracks in the existing asphalt may reflect through the new asphalt in time. 3. There will be a tire 'tracking' -this cannot be avoided, but the tracking marks will disappear in time. 4. The asphalt surface that will be placed on this project will not have the finish and look of a sealcoat application. If sealcoat is desired later, All County Paving will be happy to quote you separately. 5. Sealcoating is not a crack filler. All existing cracks in the pavement will still be visible after sealcoating. 6. All County Paving cannot guarantee elimination of standing water. 7. All County guarantees the sealer against peeling or flaking off of stable asphalt for a period of (1) year, excluding normal wear & tear. 8. All County guarantees all workmanship and materials for up to (1) year, excluding normal wear & tear. Warranty starts at conclusion of work and is not valid until payment has been made in full. 9. A certificate of Insurance will be issued upon request prior to commencement of work. CONTRACT TERMS AND CONDITIONS 1. Our proposals are limited to include items only, anything not specifically included is excluded from contract. Any alteration or deviation from proposal specifications involving extra costs,will be executed only upon written orders, and will become an extra charge over and above the estimate. 2. The proposal or contract provided, including all stated terms and conditions, shall become a legally binding attachment to any contract entered between All County Paving and the financially responsible company for which the work will be performed. 3. All County Paving recommends a Civil Engineer be retained for ADA upgrades. As such All County Paving makes no claim that ADA upgrades will meet any/all local,state and federal guidelines on ADA compliance. 4. For projects requiring city or county permits, All County Paving will coordinate the process and charge an Actual Permit & Procurement Fee of $495.00 per permit, plus actual cost of permit(s). Any additional work required by the permit(s) will be extra to the contract amount. 5. Any work performed by All County Paving which work is on public property, the (Client/Owner) agrees and understands that the project property which it owns shall be charged with all indebtedness here under. 6. In the event of any litigation or other proceeding arising out of this agreement,the prevailing party shall be entitled to collect its attorneys' fees and all costs of litigation from the other party, including appellate attorneys' fees. 7. All accounts past due will incur a finance charge of 18% per annum. 8. All County Paving reserves the right to withdraw the proposal at any time prior to the commencement of work should material price fluctuations rise significantly. 9. All County reserves the right to revisit the site if time has elapsed from the original proposal to acceptance. 10. Any additional mobilizations for Paving will be billed at a rate of $5,500.00 each. 11. Any additional mobilizations for Sealcoating will be billed at a rate of $1,750.00 each. 12. Delays to All County Paving of a Maintenance Crew shall be paid at a rate of $200.00 per half hour and delays to All County Paving of a Paving and/or Milling Crew shall be paid at a rate of $350.00 per half hour willby the customer. 13. Any broken car stops will be replaced at an additional cost of $60.00 each. 14. There will be a charge of $47.50 above the Contract amount to dispose of used materials at an approved environmentally compliant waste facility. 15. Due to the fluctuations in the petroleum markets, All County Paving impose a fuel surcharge. 16. Reflective Pavement Markers are excluded from the warranty. Any additional reflective pavement markers that are required by the city code will be an additional charge of $10.00 each to the contract amount. 17. All County Paving will not be responsible for damage to grass, sod, irrigation or any other underground utilities. Excavated materials will be left in the islands/landscaped areas. 18. All County Paving will not be responsible for unforeseen conditions that arise,they may result in additional costs to the customer. 19. All County guarantees its' sealer products against peeling or flaking of stable asphalt for a period of (1) year, excluding normal wear and tear. 20. Newly seal coated areas will be barricaded for 24-48 hours after project completion. It is the responsibility of the customer to keep the area clear to allow proper curing of the material. Failure to do so will void any warranty. 21. All County Paving guarantees all workmanship and materials for up to (1) year,excluding normal wear and tear. The warranty starts at the conclusion of work and is not valid until payment has been made in full. 22. All work is to be completed in a workmanlike manner according to standard practices. Our workers are covered by Workmen's Compensation Insurance. Customer must initial here that they have read and accept the above Terms & Conditions Mill and Pave Proposal City Of Boynton Beach Public Works Carl Frumenti Project: NW 2nd St and Seacrest Ct Task 118 NW 2nd St and Seacrest Ct Boynton Beach, FL 33435 ATLANTICS0TE RN PAViN G )'kNiD S E,Pf� L C, Q,A'IfIN���� Rich Atzert Account Manager Page 1 Page 529 of 1018 Your Pavement Contractor Company Info Contact Person AT'LANT'IICSOUTHERN PAVHf G ANI)SiFAiCOA:riNG Atlantic Southern Paving and Sealcoating 6301 West Sunrise Blvd Sunrise, Florida 33313 P: 954-581-5805 F: 954-581-0465 hftp://www.atianticsouthernpaving.com About Us Rich Atzert Account Manager Rich@atianticsouthernpaving.com Cell: 954-299-6114 Office 954-581-5805 We Solve Problems and Make Complicated Simple! We understand that as a manager, owner or investor of properties all over the United States, you need a partner to develop a strategic plan that will preserve your investment for the long term for the least amount of money. Atlantic Southern Paving & Sealcoating provides pavement design, maintenance & construction services to the residential, commercial, recreational and industrial markets throughout the United States. Please find the enclosed proposal and do not hesitate to call us with any questions. Watch a Video About Us: CLICK FDOT Peitied ('-Pant 11tar Page 2 Page 530 of 1018 Proposal: NW 2nd St and Seacrest Ct Task 118 WT1"T� s�ALCOM G ^n;�riia1A ,iNi� ��ro r i � aa�tr�rur, Barricades 1. Item 3 - Type I Barricades 100 @ $2.00 each $200.00 2. Item 16 - Message board (3) 7 days @ $27.00 per day $567.00 3. Item 3 - Flagmen 144 hours @ $26.25 per hour $3,780.00 4. Item 17 - arrow board 1 (4 days) @ $15.00 per day $60.00 Total Price: $4,607.00 Base and Edge Repair 1. Item 23 - remove unsuitable material 26.7 CY @ $30.00 per CY $801.00 2. Item 48 - 6" limerock 133.3 SY @ $15.00 per SY $1,999.50 3. Item 28 - Floritam sod 125.5 @ $5.50 per SY $690.25 Total Price: $3,490.75 Mill and Pave 1. Item 88 - 1.5" mill 4,870.2 SY @ $3.60 per SY $17,532.72 2. Item 70 - 1.5" asphalt (NE 2nd Ct) 79.2 tons @ $180.00 per ton $14,256.00 3. Item 70 - 1.5" asphalt (Seacrest Ct) 80.5 tons @ $180.00 per ton $14,490.00 4. Item 71 - 1.5" asphalt (NW 2nd St) 328.6 tons @ $140.00 per ton $46,004.00 Total Price: $92,282.72 Page 3 Page 531 of 1018 Proposal: NW 2nd St and Seacrest Ct Task 118 WT1"T� s�ALCOM G ^n;�riia1A ,iNi� ��ro r i � aa�tr�rur, Concrete 1. Item 142 - 4" new concrete 335 SF @ $7.75 per SF $2,596.25 2. Item 145 - 4" concrete replacement 717 SF @ $7.50 per SF $5,377.50 3. Item 147 - handicap mats 8 @ $250.00 each $2,000.00 Total Price: $9,973.75 Striping and Signs 1. Item 111 - 24" white 48 LF @ $10.00 per LF $480.00 2. Item 102 - 6" yellow 160 LF @ $1.80 per LF $288.00 3. Item 77 - yellow RPMs 16 @ $15.00 each $240.00 4. Item 124 - single post two signs 2 @ $495.00 each $990.00 Total Price: $1,998.00 Page 4 Page 532 of 1018 Proposal: NW 2nd St and Seacrest Ct Task 118 G�EINEIRAL NOTM NhUt 05rhng AsplWflk ftmduo)flq widifliI 1 N2" Type S,11111 Asphaft Pavhig CcmllApj'aqed aa' Paveinew Mukiribi w c,,,'jvvfiorrn �,) relfljlukemem'�; o4 FIB U, IF, V s�,,,d ol "Oke'' typp"as r�ewded at kilol L'Op ll&callk.mns to ewlq.;irid tmse G" WiWalfliffl- Mlikl Exhibit 7 ME, H Ef, vATFwloL SIDEWALK CONS rRUC I CN DETAIL A,— R,V,,,,, EDC�E REPAIR DETAIL Notes: AMANTICSOUTHERN Wfllkl, Al"M Sti�Al,COMMG Page 5 Page 533 of 1018 Proposal: NW 2nd St and Seacrest Ct Task 118 Exhibit 4=Lh Lnd of Nevv ATLANT'ICSOUTHERN W/11'41, AINID Sti�AILCOMMG Edg&, Fkqfa, GENIERAL mo,rES� Will Lx�wqq[ Asphair nimil nwrkky viowx I � (2" f ype 14 111� � AsphIrl vwfi AFA laork� VVY"I'mr,"� "'Tal ........... .. for hroovO 7,7, Nwomm Mmlk�ng Co v,.�cmdwvm k) WIT Pep akv(a,IA w. c, sod ri kke" typc",m riewk,dl th w all UAI irnprvuau lair a6 ins w extend bass G' TISK 118 NW 2�nd S,t & Seacrest Ct pg I Notes: tit Nevv lent Page 6 Page 534 of 1018 Proposal: NW 2nd St and Seacrest Ct Task 118 Exhibit north GP L I MCA 'rarl04, Vciininq MM, ECCK &AIEPAIR DEIAIL Notes: C? ATLIANT11CIS-0 U, TIH E�RN GIEINIEIRAL. NOTES� ...... . .. ... .. .. . ......... ............... ...... . ..... NAM Emsfllrq Aq,hrO dilld wpvl�ay "Oh I Ud ' Type '^,1110 Ai",pIvsk Paving A%pkah &omat�w,movR fim sLubmintiM rallplowli k,lv OVe 11 , nqhimey Flwvefm,rIlw mrHMNlIg Lo unAmm no Per,pubavamos cd PB Co HIP U Rjp&hOyopktv,p vr k 'jr , Wko"', vyj�'bp "j% nu "13 k OP vKqmm kwaaqollp"e tr., exAm"I Vwe eav 6' p,g 21 of 2 Page 7 Page 535 of 1018 Price Breakdown: NW 2nd St and Seacrest Ct Task 111 aT�a"T,DcsALCOM G Please find the following breakdown of all services we have provided in this proposal. This proposal originated on July 22, 2022. Item Description Cost 1. Barricades $4,607.00 2. Base and Edge Repair $3,490.75 3. Mill and Pave $92,282.72 4. Concrete $9,973.75 5. Striping and Signs $1,998.00 Total: $112,352.22 Authorization to Proceed & Contract The above prices, specifications and conditions are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined. When signed, this document becomes a contract. E&OE We understand that if any additional work is required different than what is stated in this proposal/contract, it must be in a new contract or added to this contract. The parties also acknowledge that the time for performance of the work may be impacted by market conditions beyond contractor's control in which event the contract time shall be extended. Please see all attachments for special conditions that may pertain to aspects of this project. This price of this contract is based upon completion of the work within thirty days from the date hereof, thus the price is good for a period of up to 30 days from the date listed herein. If the work is not completed within thirty days, and the contractor experiences price increases for materials in excess of those upon which the price of this contract were based as of the date hereof, the contract price shall be increased by the amount of the documented price increase. Page 8 Page 536 of 1018 Proposal: NW 2nd St and Seacrest Ct Task 118 Acceptance We agree to pay the total sum or balance in full upon completion of this project. No deposit required. Date: ATLANT'ICSOUTHERN W/1141, AINID Sti�AILCOMMG Carl Frumenti I Project Manager Rich Atzert I Account Manager City Of Boynton Beach Public Works Atlantic Southern Paving and Sealcoating 222 NE 9th Ave 6301 West Sunrise Blvd Boynton Beach, FL 33435 Sunrise, Florida 33313 frumentic@bbfl.us E: Rich@atianticsouthempaving.com C: 561-512-4408 C: 954-299-6114 0: 561-512-4408 P: 954-581-5805 F: 954-581-0465 hftp://www.atianticsouthempaving.co Page 9 Page 537 of 1018 7. F. Requested Action by Commission: Approve award of Annual Supply of Brass Fittings and Accessories Bid # W H22-047 to the following two (2) companies Core and Main, Fortiline Inc. with an estimated annual expenditure of $250,000 Explanation of Request: Contract Term: October 17, 2022 thru October 16, 2023 The current contract # 083-1412-21/MFD is set to expire October 16, 2022. On August 2, 2022, Procurement Services opened and tabulated two (2) proposals for Brass Fittings and Accessories. All proposals were reviewed by the Manager of Materials and Distribution. The purpose and intent of this bid is to establish vendors to secure pricing for a period of one (1) year for the purchase of brass supplies, such as ball valves, elbows and couplings, to stock in the City's Warehouse to provide availability for various City Departments as needed to complete tasks, make repairs, and provide services to the City of Boynton Beach. These task include but are no limited to; water line repairs, water meter installations, and other water related installation and repairs. Due to the wide variety of discounts provided, it was determined to recommend this award to both vendors in order to utilize discounts to obtain lowest possible cost. And to take advantage of a wider availability of supplies. The bid will allow for three (3) additional one (1) year renewals at the same terms and conditions subject to vendor acceptance, satisfactory performance, commission approval and determination that the renewal is in the best interest of the City How will this affect city programs or services? This bid will be utilized to secure a source of supply for the purchase of brass fittings and accessories for the City's water system. All orders are on an "as needed" basis. Fiscal Impact: Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of $250,000. FY 19/20 expenditures were $188,644.66 FY 20/21 expenditures were $164,166.00 Due to current market conditions and anticipated need for upcoming projects, we project an annual expenditure of $250,000. Alternatives: Obtain quotes on an "as needed" basis without implied discounts. Seek commission approval once over the $35,000 threshold. Strategic Plan: Page 538 of 1018 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ddEsir dUlirn Description TaibL.aibboin ShE)E)t Page 539 of 1018 Attachment B - Item 1 Core & Main Fortiline Manufacturer Discount Percentage Off Cost Plus % Discount Percentage Off Cost Plus Ford 0% Market Cost Plus based on current market 0% price lists. Catalog groups: AEFGHIJ will be Market Cost Plus 11% Catalog group: AA- S70/S90 Market Cost Plus 11% only on this saddle style Catalog group: AA - 20213/20213S Market Cost Plus 11% on this saddle type only Catalog group: C - Complete yoke boxes Market Cost Plus 11%only on this saddle type Mueller 0% 0% Service Brass: 45% Hymax: 42% AY MCDonald 0% 0% Service Brass: 51% Domestic threaded brass fittings: 82% Domestic nipples: 92% Merit Brass 0% Nipples and Fittings Market Cost Plus 11% DOMESTIC LEAD FREE BRASS: 77% Lee Brass 0% 0% 0% Page 540 of 1018 Attachment B - Item 2 Core and Main Line Item Description 1 3/4" x 4" Brass Nipple 2 1" Ball Valve Comp x Yoke 3 1" CC Ball Corp 4 1" x 3/4" Brass Bushing 5 3/4" Tail Pieces Fortiline Line Item Description 1 3/4" x 4" Brass Nipple 2 1" Ball Valve Comp x Yoke 3 1" CC Ball Corp 4 1" x 3/4" Brass Bushing 5 3/4" Tail Pieces Core and Main Part Number Current Price Discount %from Item Cost plus percentage from Item Final Item Price $ 4.5500 N/A Market Cost Plus 11% $ 5.0500 B94 -344W $ 93.2100 N/A Market Cost Plus 11% $ 103.4600 FB -1000-4 $ 76.1200 N/A Market Cost Plus 11% $ 84.4900 $ 84.4900 $ 8.5500 N/A Market Cost Plus 11% $ 9.4900 C91-23 $ 9.8700 N/A Market Cost Plus 11% $ 10.9600 Part Number Current Price Discount %from Item Cost plus percentage from Item Final Item Price $ 8.9500 $ 128.5500 92% Total $ 10.2400 B94 -344W $ 172.0400 51% 3 $ 84.2900 FB -1000-4 $ 140.9100 51% $ 69.0400 $ 69.2400 82% $ 12.4600 C91-23 $ 18.2800 51% $ 8.9500 Fortiline Line Item 1 $ 5.0500 3 $ 10.2400 2 2 $ 103.4600 2 $ 84.2900 3 3 $ 84.4900 2 $ 69.0400 3 4 $ 9.4900 3 $ 12.4600 2 5 $ 10.9600 2 $ 8.9500 3 Total $ 213.4500 2 $ 184.9800 3 14 16 Points Lowest Second 3 2 1 Page 541 of 1018 Attachment 6 - Item 3 Core and Main Cost Plus Percentage Core & Main would like to offer Market Cost Plus 11%. This price encompasses any non - brass products offered by Ford Mueller A Y McDonald Merit or Lee as well as (but not limited to) any pipe valves fittings f Fortiline Discount Percentage Off AR117.000% Endot HDPE 35.000%(Escalation clause up to 10%) DFW GRADE C BOXES AND LIDS 26% Trumbull industries 38% NDS METER BOXES AND LIDS60.000% ire hydrants and meters offered by our c NDS CHECK VALVES40.000% ompany. Please note that all packing han NDS TRUE UNION BALL VALVES40.000% cling shipping and delivery charges to th NDS COMPRESSION FITTINGS45.000% e City of Boynton Beach are included. NDS GATE VALVES40.000% Raven meter boxes Sigma and iron and polymer lids 35% CDR meter boxes and lids tier 8 - 45% Cost Plus Percentage *Any item not on the list - 20% plus cost plus freight* Page 542 of 1018 7.G. Requested Action by Commission: Approve award of Annual Supply of Pipe Fittings and Accessories Bid # W H22-048 to the following two (2) companies; Core and Main, Fortiline Inc. with an estimated annual expenditure of $220,000 Explanation of Request: Contract Term: October 5, 2022 thru October 4, 2023 The current contract # 084-1412-21/MFD is set to expire October 4, 2022. On August 2, 2022, Procurement Services opened and tabulated two (2) proposals for Brass Fittings and Accessories. All proposals were reviewed by the Manager of Materials and Distribution. The purpose of this bid is to establish pricing for a one-year period for the purchase of Pipe Fittings and other Accessories, such as Fire hydrants, C-900 pipe fittings, Ferncos and gate valves. These items will be ordered on an "AS NEEDED BASIS" for the repair, replacement and new construction of utility systems. Due to the wide variety of discounts provided, it was determined to recommend this award to both vendors in order to utilize discounts to obtain lowest possible cost. And to take advantage of a wider availability of supplies. The bid will allow for three (3) additional one (1) year renewals at the same terms and conditions subject to vendor acceptance, satisfactory performance, commission approval and determination that the renewal is in the best interest of the City. How will this affect city programs or services? This bid will be utilized to secure a source of supply for the purchase of pipe fittings and accessories for the City's water and sewer system. All orders are on an "as needed" basis. Fiscal Impact: Funds are budgeted and available for account 502-0000-141-0100 for the estimated amount of $220,000. FY 19/20 expenditures were $169,853.25 FY 20/21 expenditures were $105,468.00 Due to current market conditions and anticipated need for upcoming projects, we project an annual expenditure of $220,000. FY 20/21 was an outlier year. FY 18/19, pre pandemic, expenditures were $197,010.66 Alternatives: Obtain quotes on an "as needed" basis without implied discounts. Seek commission approval once over the $35,000 threshold. Strategic Plan: Page 543 of 1018 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ddEsir dUlirn Description TaibL.aibboin ShE)E)t Page 544 of 1018 Attachment B - Item 1 Core & Main Fortiline Category Discount Percentage Off Cost Plus Percentage Discount Percentage Off Cost Plus Percentage Ductile Iron Pipe Ductile Iron Fittings and 0% US Pipe DI Pipe: Market TYLER UNION DOMESTIC Accessories Cost plus 11% at time of shipment FBE FITTINGS 20% US Pipe Field lok gaskets: Market Cost plus 11% at time of shipment EBAA pipe restraints 35% Tyler Union: Fittings and Accessories: Market Cost Plus 11% Tyler Union Restraints: Market Cost Plus 11% Tyler Union P401 lined fittings: Market Cost Plus 11% EBAA: Market Cost Plus 11% Fab DI Pipe: US & Custom Pipe & Fab: Market Cost Plus 11% at time of shipment All are market cost plus most current list price at time of orde r Star: DI Fittings and accessories: Market Cost Plus 11% Star MJ/FLB P401 fittings: Market Cost Plus 11% Star Restraints: Market Cost Plus 11% Saddles and Full Circle Clamps 0% Smith Blair Clamps style 226: Market Mueller saddles and cir Cost Plus 11% clamps42.000% Smith Blair Saddles style 317 Market Cost Plus 11% JCM SADDLES AND FULL Smith Blair Couplings style 421: Market CIR REP CLAMPS50.000% Cost Plus 11% JCM Style 432: Market Cost Plus 11% Cascade CR1-535-12 Wrap Hymax: Market Cost Plus 11% Around Repair Band Ford 202B style: Market Cost Plus 11% 32.000% All are market cost plus current list price at time of order Romac DI BODY SADDLES 60 Romac SS FULL CIR REP CLAMPS 40% Page 545 of 1018 Hydrants Hydrant Parts and Accessories 0% Clow Hydrant: Market Cost Plus 11% Mueller hydrants44.000% Clow Repair Parts: Market Cost Plus 11% Mueller hydrant Clow extension kits: Market Cost Plus parts77.000% 11% All are market cost plus Kennedy: most current list price Kennedy 2"-12" NRS RSGV 45.000% Kennedy 2" -12" TAPPIG & Kennedy CUTIN RSGVTV45.000% Kennedy 14" - 24" NRS RSGV45.000% Kennedy 14"-24" OS&Y 16.000% Kennedy CHECK VALVES 4"- 12" 506 CVAKF15.000% Kennedy SWING CHCK 2"- 12" CVA58.000% Kennedy SWING CHK CVA 58.000% Kennedy CUSHION CHK VALVES CVA CUSHION28.000% Kennedy INLINE CHCK VALVES 1306 28.000% Kennedy 4"-10" BUTTERFLY Gate Valves and Check Valves 0% Clow: R/W 2-12" NRS: Market Cost Plus Mueller 2-12 gate 11% va Ives39.000 Clow: R/W OS&Y 2"-12": Market Cost Mueller 14-24 gate Plus 11% valves42.000% Clow R/W NRS 14"-24": Market Cost Mueller 30-54 gate Plus 11% valves32.000% Clow Valve 4-12" Holiday Free: Market Mueller 2-12 check Cost Plus 11% valves46.500% Kennedy: RW Valves 2-12": Market Cost Mueller 14-24 check Plus 11% valves46.500% Kennedy Ken-Flex 4"- 12" Check Valve Only: Market Cost Plus 11% Clow Check Valves 2- 12" Horizontal Only: Market Cost Plus 11% Pratt BF Plug & Butterfly Valves: Marke t Cost Plus 11% at time of shipment Kennedy BF Valves: Market Cost Plus 11% Kennedy Swing Check Valve Only 2-12: Market Cost Plus 11% C900 Pipe C900 Fittings and Ferncos 0% Harco C 900 Fittings: Market Cost Plus FERNCO CAT 1 AND 11% 274.000% Multi Fittings C900 Pressure Rated: FERNCO CAT31_70.000% Market Cost Plus 11% FERNCO CAT3 37.000% Non Pressure rated: Market Cost Plus FERNCO CAT4E37.000% 11% Fernco Cat 1 & 2: Market Cost Plus 11% Fernco Cat 3L: Market Cost Plus 11% Fernco Cat 3 & 4E: Market Cost Plus 11% ADS JM NAPCO Endot all are Market Cost Plus 11% at time of shipment Page 546 of 1018 Attachment B - Item 2 Core and Main Line Item Description Part Number Current Price Discount %from Item Cost plus percentage from Item Final Item Price 1 6" DIP x 4" DIP Fernco 1055-64 $ 13.1100 N/A Market Cost Plus 11% $ 14.5500 4" Kennedy Check Valve with 41`5382 $ 912.6300 N/A Market Cost Plus 11% $ 1,013.0200 2 Lever 3 $ 395.2400 2 $ 151.2000 3 6" MJ Ductile Iron Elbow/ 6M9401T $ 356.0700 N/A Market Cost Plus 11% $ 395.2400 Epoxy Lined and Epoxy 2 $ 2,516.3000 3 Total $ 4,230.3100 3 Coated $ 4,015.9000 3 4" x 15" Full Circle Clamp / 72226050015 $ 147.9900 N/A Market Cost Plus 11% $ 164.2700 4 Range 4.95 - 5.35 000 54" Bury Hydrant / Red / 5 605546M3CL $ 2,381.2900 N/A Market Cost Plus 11% $ 2,643.2300 1/4" MAIN SEAT VALVE / (2) MEDLA 2 1/2" PORTS (1) 4 1/2" PORT / MECHANICAL JOINT 5 Fortiline Line Item Description Part Number Current Price Discount %from Item Cost plus percentage from Item Final Item Price 6" DIP x 4" DIP Fernco $ 64.5800 74% $ 16.7900 1 4" Kennedy Check Valve with $ 2,590.0000 59% $ 1,061.9000 2 Lever 6" MJ Ductile Iron Elbow/ $ 189.0000 20% $ 151.2000 Epoxy Lined and Epoxy 3 Coated 4" x 15" Full Circle Clamp / $ 449.5200 40% $ 269.7100 4 Range 4.95 - 5.35 54" Bury Hydrant / Red / 5 $ 4,493.4000 44% $ 2,516.3000 1/4" MAIN SEAT VALVE / (2) 2 1/2" PORTS (1) 4 1/2" PORT / MECHANICAL JOINT 5 15 15 Points Lowest 3 Second 2 Page 547 of 1018 Core and Main Fortiline Line Item 1 $ 14.5500 3 $ 16.7900 2 2 $ 1,013.0200 3 $ 1,061.9000 2 3 $ 395.2400 2 $ 151.2000 3 4 $ 164.2700 3 $ 269.7100 2 5 $ 2,643.2300 2 $ 2,516.3000 3 Total $ 4,230.3100 2 $ 4,015.9000 3 15 15 Points Lowest 3 Second 2 Page 547 of 1018 Attachment 6 - Item 3 Core and Main Fortiline Cost Plus Percentage Discount Percentage Off Due to the extensive scope of our supply AR117.000% Core & Main would like to offer Market Endot HDPE 35.000% Cost Plus 11% (except those noted below). DFW GRADE C BOXES AND LIDS 26% This price encompasses any non listed Trumbull industries 38% manufacturers offered by our company. Please note tha NDS METER BOXES AND LIDS60.000% t all packing handling shipping and delive NDS CHECK VALVES40.000% ry charges to the NDS TRUE UNION BALL VALVES40.000% City of Boynton Beach are included. The NDS COMPRESSION FITTINGS45.000% following are offered at a different Market NDS GATE VALVES40.000% Cost Plus percentage: Charter Plastic 15% Raven meter boxes Sigma and iron and polymer lids 35% Copper 12% Buy Wholesale/EGW 20% Cost Plus Percentage *Any item not on the list - 20% plus cost plus freight* Page 548 of 1018 7.H. Requested Action by Commission: Approve the purchase of sulfuric acid using a piggyback contract for Seacoast Utility Authority with Sulfuric Acid Trading Company, Inc. (SATCO) for a total expenditure of $350,000.00. Explanation of Request: The City's West Water Treatment Plant requires sulfuric acid to adjust the pH of water during the treatment process. On 7/13/2022, Seacoast Utility Authority approved a contract with the Sulfuric Acid Trading Company, Incorporated in bid # 40-552342-22 for the purchase of sulfuric acid. The Seacoast Utility Authority contract satisfies the City's purchasing requirements. Utilizing this contract, Sulfuric Acid Trading Company, Inc. will provide sulfuric acid to the West Water Treatment Plant, as described in the attached contract and bid solicitation for an annual total of $350,000.00. The initial term of this annual service agreement is from July 3, 2022 to July 2, 2023, with the option to extend for two equivalent periods of one year each. How will this affect city programs or services? Sulfuric Acid is required for treatment of water at the West Water Plant in order to prevent scaling and fouling in the nano -filtration membranes and to prevent turbidity during degasification of filtered water. Fiscal Impact: The total requested funding is $350,000.00. Funds for this project are available in the Utilities operating budget 401-2811-536.52-35. Alternatives: Not award contract. Strategic Plan: Public Health and Safety Strategic Plan Application: This chemical is used to treat drinking water. Climate Action Application: Is this a grant? No Page 549 of 1018 Grant Amount: Contracts Vendor Name: Sulfuric Acid Trading Company, Inc. Start Date: 7/3/2022 End Date: 7/2/2023 Contract Value: $496,600 Minority Owned Contractor?: No Extension Available?: Yes Extension Explanation: Two e)densions are available for a period of one year each. Attachments: Type D U1['1LAtE)S D I . E) UtEsir' D Bid Description �Mlill'IL.JltEssAw,..-.iir'dliii'ig SLAffLAric Acid to SATCO linc, �F'�iggylba(�,,ll(AIp�pir'(�)v,,..,.ill I E)ttENr SE�,acoast Utility ALAthority IBlid for SLAffLAric Acid Page 550 of 1018 SEACOAST UTILITY AUTHORITY REGULAR MEETING June 22, 2022 MINUTES CALL ID ORRE, R, 3:03 PM PLEDGE', OF ALl_.,EGlANCE'1'0'l'llE FLAG PRESENT: Joseph Lo Bello, Vice -Chair Ron Ferris. President pro -Tern John D'Agostino, Member Robert Weisman, Metit ALSO 11RESENT: Nat Nason, General Counsel Rnn Bishop, Executive Director Jessica Moore, Authority Clerk COMMENTS FROM THE PUBLIC — - --- - ---------- . . ...... . ....... . `]'here were no comments froin the public. ***DETERMINED THE CONSENT AGENDA*** AP,PR.OV.AL OFAGENDA Considered a motion to approve the agenda. APPROVAL OF MINUTES FOR MEETING OF MAY 25,202 Considered a motion to approve the minutes for the meeting of'May 25, 2022. AGREEMENTS DEVELOPER AGREEMENTS I . Avenir Spine Road phase 5 1 DDD Capital Self'Storage Considered a motion to approve execution of developer agreements for the projects known as Avetur Spine Road Phase 5 and DXD Capital Self Storage, as reconnnended by, staff'. Page 551 of 1018 OTHER WWTP SCUIT-1 PUITIP Station Replaccnicnt Agrccinent for Professional Services, Change Order NO. I (R2049) .onsidered a motion to approve PGA WWTP Scum Pump Station Replacement Agreement Rir Professional Services, Change Order No, I with Holtz Consulting Engineers, Inc., in the amount of'$20,890,00, with a supporting budget transfer in the arnount ol.'$12,160 from N22117 -- PGA WWTP' Centrifuge No. 2 and BFI) Elimination, as recommended by staff. ONTRACT AWARDS EQUIPMENT/SUPPLIES L Water Treau-nent Chernical , Sulfuric Acid Considered a motion to approve Water Treatment Chernicals Sulfuric Acid to the lowest responsive bidder, Satco whose bid will best serve the public interest, at a price of'S31 8 per ton, estimated annual cost of S 1,77 1,491.00, as recommended by staff. 2. (.-jasofine and Diesel Fuel Purchase and Delivery - Piggyback Contract Extension ("onsidered a motion to approve Gasoline and Diesel Fuel Purchase and Delivery -- Piggyback (-'ontract F,,xtension with Pro 1::nergy Fleet Fueling, LU., pursuant to the terrns ofthe competitively bid, State of Florida Contract through June 2025, estimated annual cost of' $550,000.00, as rccornmendcd by staff. CONSTRI-ICTION 1, Western Maintenance Facility Site Civil and Landscape, (.hange Order No. 3 -- Design, Bid and Construction Services, Considered a. motion to approve Western Maintenance Facility Site Civil and Landscape, Change Order No. 3 - Design, Bid and Construction Services (N2003) with Chen Moore & Associates, in the an-iount of S 129,,675.00, as recornmended by staff. BUDGETTRANSFER. - PROSPERITY VILLAGE LIFTSTA,rION 35 COST SI FARING 1-1-11-11111-111-1-1-1 . .. ........ .... Considered .onsidered a motion to approve BudgctTransfcr - Prosperity VillageLiftStation 35 Cost Sharing from 96 1(I-564-000 82134 Telemetry Communication finprovernent to 9110-564000-R2235 Lift. Station 35 Replacement, in the amount of S 112,000.00, as recommended by staff. TEMI NATION OF EASEMENT - NAUTILUS Considered a motion to approve Termination ofFlasement NaUtilus, as recommended by staff. UMOSIM Board Members D'Agostino/Weisman moved to approve the consent agenda, as recommended by staff. The motion carried unanimously. ***ENDED CONS ENTAGENDA*** Page 552 of 1018 A" IE,N-IRWES'I'ERN-.S.E..I....V,I.C,E-,.-AR..E...A...(,)PE�RATIONS('EN'l'ER -- SJJ'I..--t.J'rll-IZAI I ION WHOTI-11"CITY OF PALM BEACH GARDENS —AQ--R-.E--J-,,M-- E -N-:1-:5 MOTION Board Members D'Agostino/Weicsinan inoved to approve Avenir Western Service Area Operations Center - Site Utilization Agreements with the City of Patin Beach Gardens, as recommended by staff. The motion carried unanimously. C'O'NGRESS AVENUE EX" FNSION UTILITY RELOC"ATIONS PHASE I - INTERLOCAL FUNDING AGREEMENT PALM BEAQ11 COUNTY MOTION Board Members Weisman/D'Agostino moved to approve Congress Avenue Extension Utility Relocations, Phase I - Interlocal Funding Agreement, Palm Beach County, as recommended by staff. The motion carried unanimously. LA"S WN MAINTENANCE SER,V[CE MOTION Board Members D'Agostino/Weisman moved to reject bids for Lawn Maintenance Services, as, recommended by staff. The motion carried unanimously. D.ESI..(iNBtJil.,D,,kt-)'I"i101RIZA"I'IONS Board Members D'Agostino/Weisman moved to approve the following Design Build Authorizations in the aggregate amount of SI,5601,393.93, including supporting budget transfers in the amount of $391,555.00, as recommended by staff. ---- - -------- Pr9iect .................. . .... Firm Amount Well BR -26 Reliabilitatioii Holtz Comultilig S391,55100 Engineers, Inc. . . . . . . . . . . . Flood Road Water Treatinetit Plant Clear yell Scrubber and Degasifier lnil)i'ovenients, Change Globaltech, Inc. S 1,168,840,93 1 Order No. 2, The motion carried unanimously. Page 553 of 1018 COMMENT'S FROMI"Ill.'BOARD Vice Chair Joe Lo Bello informed the board that in the departure of Chair Andrew I_ukasik, lie suggests Board Meniber Bob Weisman or president Pro -Tem Ron Ferris begin to serve as Chair. Board Members D'Agostino/Ferris moved to elect Joseph Lo Bello as Chair. The motion carried unanimously. MOTION' Board Members Weisman/D'Agostino, moved to elect Ron Ferris as Vice -Chair. The motion carried unanimously. Board Members Ferris[D'Agostino moved to elect Robert Weisman as President Pro -Tern. The motion carried unanimously. Mr. Weisnian expressed his sentinicTits about the passing of Seacoast's Lab Analyst, Jay Britch. The board held a moment ol'silcnce in his hotarwr® S"FAIT REPORT Executive Director Rim Bishop stated the engineers report and the financial report were in the packet. Chief' Operations Officers Brandon Selle was present for any engineer report questions. Chief Financial Officer Daniela Russell was present for any financial report cluestions. AWOURNMUNT There being no further bUsiness to come bef6re, the board,Chair Joseph Lo Bello and JOUrned the meeting at approximately 3.04 PM. I Page 554 of 1018 APPRO ll.,,, JOSEPH LO B '11AIR RON FERR,4S, VICE-CHIAIR ROBFRT WEISMAN. PRESIDENT PRO-TE,'M .101IN D'AWSTIN(), MEMBE"R mm ATTE.ST: MEMBER J F" $SICA MOORE, AUTHORITY CLERK 5 Page 555 of 1018 August 5, 2022 City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33435 3710 Corporex Park Dr., Suite 205 Tampa, FL 33619 Telephone (813) 225-2000 Fax (813) 225-1001 RE: Piggyback on Seacoast Utility Authority Bid #40-552342-22 To Whom it May Concern: Sulphuric Acid Trading Company, Inc. (SATCO) agrees to allow the City of Boynton Beach to piggyback on Seacoast Utility Authority for 93% Sulfuric Acid under Bid # 40-552342-22. The contract period for this agreement is good through July 2, 2023 and has two, one year renewal options. If you have any questions, please do not hesitate to contact our office. We appreciate the City's continued business. Gratefully, bm&f S6ly a Brent Shonka General Manager Page 556 of 1018 E G, SEACOAST UTILITY AUTHORITY SULFURIC ACID BID NO: 40-552342-22 BID OPENING: JUNE 3, 2022 2:00 PM 4200 Hood Road Palm Beach Gardens, Florida 33410 (561) 627-2900 www.sua.com Page 557 of 1018 SEACOAST UTILITY AUTHORITY BID NO: 40-552342-22 SULFURIC ACID TABLE OF CONTENTS Invitation to Bid Section Conditions of Bid A Conditions of the Work and Contract B Specific Requirements C Questionnaire D Bid Proposal E Bidder Required Forms and Signature Verification F Page 558 of 1018 SEACOAST 1..lTILITYAIT VII ORITY BID, N :40-552342-22 I.NjjTATjfjNL IQ fl[L) Sealed bids. %n do plicate., n% i 111 be received by the Seacoa st (J", t i I it k Authority IS(JA) in the [N-OCLIreinenr office I ocated at 421111 hoard Road. Palm Beach Gardens. It lorida 34111, 10, for the s u 1np e,c i project until 2:00 p.xin. on June..'- 2022, therm. opened publicly at that time and read. All bids shall Ix iii sealed envelopes with t1pe fiollowing infom.iation plainly urnarked on t1he outside of the envelope: Bid No.40-552342-22, SULFURIC ACID, Seacoast Utility Authority, Attn:,Senior Procurement Specialist, 42010 Hood Road, Paint Beach Gardens, Flotida 334111 SUA posts its bidding docuinents on wwwAlemandstar.com.'rhe teirm "bidding documents" inckides the invitation to bid and the contract docusnents (including all addetida issued prior to bid openin-). SIA makes all reasonable OYM5 to ensure that int"orination pc6ted on DonandStar is accurate and up to date, although it dcws not wan*ant the accuracy and conipleteness ot'such daw. Neverthefes5, l'�rospecfive bidders are advised that® in order to procure and Ila. °p abreast of addemida or other information. which rnay- be pertinent or onaterial to the bid- they should regularly consult the DemandStar website www.demandstar.com.. DeinandStair of a free single -agency subsuiption- which includes free document down loads by re—isterin- atwnc ww.derriandstaoni/re 'stp er orcall #11(800)711 [7111 If a bidder chooses to mail their bid packet, it must be in a second sealed envelope. Bidders x%ith it -clinical questions concenaing the bidding docurnents �shotfld contact Keith Haas at s kbaasLa) ua.com iin writig.n ,, Questions will be answered via an addendum and will be posted on DemandStar. No bids may be %Nrithdrawn for a period of nill[ety (90) clays afterthe scheduled closing date forthe receipt ofbids,. Bidder acknowledees that it will be calpable of providing insuiance coverages as required in these documents. SUA reserves die iris -ht to reject any or all bids with or without cause.. to waive technical crrors aired infornialifies, or to accept the bid, aOlich in its j Litt pflent, best serve es the public interest. Seacoast I.Aility- Authority Jessica Moore.. Clerk KI B: IDailly Business Review April 28, '2022 Page 559 of 1018 BID NO: 40-552342-22 SULFURIC ACID CONDITIONS OF BID 1. Purpose The purpose of this bid is to establish a contract for the purchase and delivery of sulfuric acid. 2. Bid Information a. The bids will be publicly opened in SUA's board room, located at 4200 Hood Road, Palm Beach Gardens, Florida, 33410, in the presence of procurement officials at the stated time and date. b. All bidders, or their representatives, are invited to be present. Any bids received after the specified time and date will not be considered. Any failure on the part of a bidder to comply with the specifications, terms, and conditions of the bid shall be a valid reason for the rejection of the bid. d. Any bid may be withdrawn up until the time set for opening of the bids. Any bid, not so withdrawn, shall, upon opening, constitute an irrevocable offer to provide SUA the described services until one or more of the bids has been duly accepted by SUA. Action on bids normally will be taken within 45 days of opening. However, no guarantee or representation is made herein as to the time between the bid opening and subsequent action by SUA. e. IF ANY BIDDER VIOLATES OR IS A PARTY TO A VIOLATION OF THE CODE OF ETHICS OF THE STATE OF FLORIDA, WITH RESPECT TO THIS BID, SUCH BIDDER MAY BE DISQUALIFIED FROM FURNISHING THE PRODUCTS FOR WHICH THE BID IS SUBMITTED AND SHALL BE FURTHER DISQUALIFIED FROM BIDDING ON ANY FUTURE BIDS FOR WORK OR PRODUCTS FOR SUA. Conipet ,ncy of Bidders. a. No proposal will be accepted from, nor will any contract be awarded to, any person or firm which is in default on any obligation to SUA or who has failed to perform faithfully any previous contract with SUA. b. 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 a 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. A-1 Page 560 of 1018 BID NO: 40-552342-22 SULFURIC ACID 4. Award of Bid a. Award shall be made to a responsible bidder based upon the confirmed lowest TOTAL BID price submitted on Page E-1 and deemed by SUA to be in its best interest. Tie bids shall be decided in accordance with SUA's procurement policy. SUA reserves the right to award a bid in whole or in parts, whichever is deemed to be in the best interest of SUA. b. Before awarding a contract to a bidder, SUA reserves the right to require such bidder to submit such evidence of firm qualifications as it may deem necessary and may consider any evidence available to it, including financial, technical, and other qualifications and ability of a bidder, including past performance/experience with local utilities. C. SUA staff will recommend the award of the bid to the SUA board at a regularly or specially called board meeting (except for November and December, regular meetings of the SUA board normally occur on the fourth Wednesday of every month, at 3:00 p.m. EST). SUA staff may recommend multiple contracts or contingent contracts from submittals received from the proposals (should staff decide it is in the best interest of SUA). Rejection of Irregular Pro osals Bids that contain any alteration, addition, condition, limitation, unauthorized alternates, or that show irregularities of any kind may be rejected by SUA as non-responsive or irregular. SUA reserves the right to waive any irregularities, technicalities, or informalities in any bid and to reject any or all bids. 6. Contract, a. The submission of a bid will be deemed an offer by the bidder. The contract will be deemed awarded and validly entered into between the bidder and SUA when written notice to proceed has been given by SUA through its authorized agent or a purchase order has been issued to the successful bidder covering the same. b. The contract shall comprise the documents listed in the table of contents to the invitation to bid and all attachments to it. These documents shall constitute the entire agreement between the bidder and SUA. The contract will bind SUA and the bidder and their partners, successors, assigns, and legal representatives. The bidder agrees to comply with its covenants and the specifications for the services or goods, as expressed in the contract. d. In case of any default by the bidder, SUA may take such action as it deems appropriate, including, without limitation, an action for damages or specific performance. e. The price is firm for the contract period. The bidder acknowledges that the bid price includes all costs and expenses required for the satisfactory completion of the contract requirements. f. The contract term shall be for one (1) year with the option to extend for two equivalent periods by mutual written consent of the vendor and SUA. A contract award is not a guarantee of work to be assigned. A-2 Page 561 of 1018 BID NO: 40-552342-22 SULFURIC ACID T Del ivery of Goods. The provisions ofthis paragraph apply to bids for the provision of goods, materials, supplies, equipment, and similar items. a. All materials must conform to SUA shop specifications. Specialty items (items not included in the Standards) must be approved by SUA prior to purchase. b. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. C. Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where U.L. has established such for the item(s) offered and furnished. d. Use of a brand name, trade name, make, model, manufacturer, or vendor catalog number in specifications is for the purpose of establishing a grade or quality of material only. It is not SUA's intent to rule out the competition. Accordingly, the phrase OR ACCEPTABLE EQUAL is added. However, if a product other than the specified is bid, it is the vendor's responsibility to submit the bid brochures, samples, and/or detailed specifications on the items bid. SUA shall be the sole judge concerning the merits of bids submitted. Bidders shall indicate on the bid form the manufacturer's name and number if bidding other than the specified brands and shall indicate any deviation from the specifications as listed. Other than specified items, offered requires complete descriptive technical literature marked to indicate detailed compliance with specifications. e. The items offered must be new (current production model at the time of the bid) and be equal to or exceed specifications. The manufacturer's standard guarantee shall apply. During the guarantee period, the Bidder must repair and/or replace the item without cost to SUA, understanding that all replacements shall carry the same guarantee as to the original equipment. The Bidder shall make any such repairs and/or replacements immediately upon receiving notice from SUA. f. Samples of items, when required, must be furnished free of expense and, if not destroyed, will upon request be returned at the bidder's expense. Request for the return of samples must be indicated on the bid. Each sample must be labeled with the Bidder's name, bid number, and item number. Failure of a bidder either to deliver required samples or clearly identify samples as indicated may be reason for rejection of the bid. g. When required, SUA may request full demonstrations of any item(s) bid prior to the award of any bid. h. Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or an independent laboratory. Bidders shall assume full responsibility for payment of all charges for testing and analysis of any materials offered or delivered that do not conform to the minimum required specifications. Bidders' disposition of all items delivered in this category must be at no expense to SUA. A-3 Page 562 of 1018 BID NO: 40-552342-22 SULFURIC ACID 8. Insurance Unless expressly waived by SUA and prior to commencement of work, the bidder shall provide SUA's procurement office with one or more current certificates of insurance demonstrating the required insurance coverage. Coverage must be maintained during the progress of the work. SUA may, at its sole election, require that it be named as an additional insured on such certificates. 9. Bidder's Representations In submitting the bid, the bidder will be deemed to represent that: a. The bidder has examined copies of the invitation to bid and all the documents listed in the table of contents. b. The bidder has examined the site and locality where the work is to be performed, the legal requirements (federal, state, and local laws, ordinances, rules, and regulations), and the conditions affecting the cost, progress, or performance of the work, and has made such independent investigations as the bidder deems necessary. The bidder has not divulged, discussed, or compared its bid with other bidders and has not colluded with any other bidder or parties to a bid. 10. Bond The bidder may be required to obtain a fidelity bond in an amount and issued by a surety company satisfactory to SUA, as may be set forth in the specific requirements. 11. Assi�t The successful bidder may not assign its bid or the contract without the prior written consent of SUA. 12. l i nut ;s In the event of any dispute concerning the invitation to bid, the bid submittal, the award of the bid, or the scope of the work to be performed pursuant to the bid, the following procedures shall apply: a. A bidder (protestor) must file a written protest with SUA within seventy-two (72) hours of the SUA's issuance and posting of a notice of award. The notice of award shall be posted at SUA's place of business, be supplied to all bidders, and shall contain therein an indication of the date and time on which the notice was posted at the SUA's place of business. b. The protest must be in writing and must identify the protestor and the bid in question, and shall include a summary of the basis of the protest. Such protest is considered filed when it is received by SUA. c. The hearing on the protester's bid protest shall be conducted before the board of SUA. All hearings shall be open to the public, and a recorded record shall be kep- of all hearings. Both the protester and SUA shall be entitled to present evidence to the board. A-4 Page 563 of 1018 BID NO: 40-552342-22 SULFURIC ACID d. At the hearing, the burden of proof shall be upon the protester to show by clear and convincing evidence that the award should be overturned or that the apparent low bidder should be disqualified. e. SUA shall notify the protester and the intended awardee via email of the scheduled hearing's time, date, and location. f. Formal rules of evidence shall not apply, but fundamental due process shall be observed and shall govern the proceedings. At the conclusion of the hearing, the board shall decide by majority vote (as calculated according to the interlocal agreement for SUA). Any such determination by SUA's board shall be final and binding. The protester's sole remedy, thereafter, shall be to petition to the Circuit Court of Palm Beach County, by certiorari, to show that the protester was denied fundamental due process. 13. C nfidentiality oflnforination Certain building plans, blueprints, schematic drawings, or other documents that depict the internal layout as structural elements of a building, water treatment facility, or other structure owned or operated by SUA may be deemed confidential and exempt from public disclosure. The bidder shall maintain all such records in confidence if required by SUA, and if the bidder is the successful bidder, the bidder will maintain that information and any other information relative to a project designated confidential in confidence. A-5 Page 564 of 1018 BI.D NO: 40-552342-22 SULFURIC ACID CONDITIONS OF THE WORK AND CONTRACT Work The "work" is described in Section C — Specific Requirements. All work is to be performed in accordance with good judgment, accepted industry standards, and the bid documents, included in Sections 1-5. 2. Materials Except as otherwise explicitly provided in the specific requirements, all equipment, materials, and articles incorporated in work covered by the contract are to be new and of the most suitable grade for the purpose intended. Further and unless otherwise specifically provided in the specific requirements, reference to any equipment, material, article, or patented process by trade name, make, or catalog number shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. 3. Termination/Renewal a. SUA may, by written notice to the successful bidder (hereafter "Contractor"), terminate the contract if the Contractor has failed to perform the work in a manner satisfactory to SUA. The date of termination shall be stated in the notice. SUA shall be the sole judge of non-performance. SUA will not thereby be deemed to have waived any other rights or remedies available to it. b. If most of the work consists of the provision of services, SUA may cancel the contract upon 30 days' written notice for reasons other than cause. c. The term of the contract is outlined in the bid conditions. The contract may be extended for two (2) additional periods by the mutual, written consent of the Contractor and SUA. 4. Insurance a. The Contractor shall maintain at its sole expense the following insurance coverages and terns during the term of the contract and while it has personnel performing any work: For the Contractor and any subcontractor engaged by it, workers' compensation insurance is in compliance with all laws for all persons performing any work. If any laborer, material man, or other employee is to be engaged in hazardous work under this contract and is not protected under the workers' compensation statute, the Contractor shall provide, and shall cause each subcontractor to provide, workers' compensation coverage judged adequate by SUA and meeting state and federal statutory requirements for the protection of such workers. ii. Comprehensive general liability insurance and vehicle liability insurance, together with a broad form of comprehensive general liability endorsement, covering any all claims for injuries to persons performing any of the work, in an amount of not less than $500,000 for injury to one person in one accident, occurrence or casualty and not less than $1,000,000 for injuries to more than one person in one accident, event or casualty. B-1 Page 565 of 1018 BID NO: 40-552342-22 SULFURIC ACID iii. Property damage insurance in the amount of not less than $500,000 per occurrence. iv. Umbrella liability insurance of no less than $1,000,000. b. The issuing company may cancel no required insurance without having provided written notice to SUA 30 days prior to cancellation, and this notice requirement shall be set forth in each certificate of insurance. c. All insurance contracts and certificates of insurance shall be either executed or countersigned by a licensed resident agent of the insurance or surety company having a place of business in the state of Florida. The insurance or surety company shall be duly licensed and qualified to do business in the State of Florida. d. Coverages provided by the Contractor must be underwritten by an insurance company deemed acceptable by SUA. During the contract terms, insurance coverage shall be provided by companies qualified to do business in Florida and rated A- or better by AM Best. Should any of the Contractor's insurance carriers fail to maintain these required standards during the contract term, the Contractor shall immediately replace such insurance with insurance issued by a carrier that meets these standards. Failure to do so will be grounds for immediate termination of this contract by SUA. SUA reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. Indemnification The Contractor hereby agrees to indemnify and hold harmless SUA (and its directors, employees, agents, and independent contractors) from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including, but not limited to, fees and charges of engineers, architects, attorneys, and other professionals and court costs) arising out of or resulting from the performance of the work, provided that any such claim, damage, loss or expense, including loss of use, is caused in whole or in part by any intentional or negligent act or omission of the Contractor, any subcontractor, any person or organization directly or indirectly employed by it or them to perform or furnish any of the work, or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by law and regulations irrespective of the negligence of any such party. The Contractor acknowledges that one (1) percent of the contract price represents specific consideration to the Contractor for the indemnifications set forth above and elsewhere in the contract. The monetary limitation of this indemnification obligation is $1,000,000, which Contractor acknowledges bears a reasonable commercial relationship to the work to be performed or goods to be furnished pursuant to this contract. 6. Co ri hts and Patent Rights The Contractor covenants and warrants that there will be no violation of copyrights or patent rights in manufacturing producing, or selling the goods shipped or ordered because of this contract and further agrees to hold SUA harmless from all liability, loss, or expense occasioned by any such violation. Occupational Health and Safety. Any Contractor delivering any "toxic substance" (as defined in Florida Stature 442.102(21) shall furnish to SUA a "Safety Data Sheet" (SDS) with its initial shipment. The SDS shall be revised on a timely basis as appropriate and must include the following information: a. The chemical name and the common name of the toxic substance. B-2 Page 566 of 1018 BID NO: 40-552342-22 SULFURIC ACID b. The hazards or other risks in the use of the toxic substance, including (i) the potential for fire, explosion, corrosivity, and reactivity; (ii) the known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggravated by exposure to the toxic substance; and (iii) the primary roots of entry and symptoms of overexposure, c. The proper precautions, handling, practices, necessary personal protective equipment, and other safety precautions in the use of or exposure to the toxic substances, including appropriate emergency treatment in case of oral exposure, d. The emergency procedure for spills, fire, disposal, and first aid, e. A description in lay terms of the known specific potential health risks posed by the toxic substance intended to alert any person reading this information, and f. The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. Qjj tes. In the event of any dispute arising out of this contract, the prevailing party shall be entitled to an award of its attorneys' fees and costs through all levels of appeal. 9. I,ibilx Where the Contractor is required to enter or go upon SUA property to perform work (including delivering goods, materials, supplies, equipment, and similar items), the Contractor will be liable for any damages or loss to SUA occasioned by negligence or willful misconduct of the Contractor, or its agents, or any person the Contractor has designated in the completion of the work. 10. Law The documents listed in the table of contents to the invitation to bid, and all documents attached to or incorporated therein, constitute the entire agreement between SUA and the Contractor concerning the work. The contract shall be governed by and interpreted in accordance with the laws of the state of Florida regardless of the location of the execution of the contract and notwithstanding any conflict of law questions to the contrary. The venue for any action on the contract shall lie only in the Circuit Court of Palm Beach County, Florida. It is and shall be understood and agreed that SUA may act only through the SUA board. The Contractor may not rely on any representations by SUA other than as approved by the official action of SUA's board. 11.. Payment Terms of payment are outlined in the specific requirements. 12. Safe , The Contractor shall comply with all applicable safety regulations (OSHA, etc.) during the performance of the work. The Contractor shall provide necessary safety training for its employees and B-3 Page 567 of 1018 BID NO: 40-552342-22 SULFURIC ACID verify that all equipment utilized complies with applicable safety regulations. 13. Licenses The Contractor shall be properly licensed for work performed under this contract. Before commencing the work, the Contractor shall also obtain any other licenses, permits, insurance, etc., required to complete the work, including, without limitation, an occupational license from the municipality or county where the work is being performed. 14. Pt blic-Entity Crime 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 a 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, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 15. Compliance witli Public records Laws The bidder/Contractor agrees that it will comply with all public record laws, including, but not limited to, Florida Statute Section 119.0701, as amended from time to time. Specifically, and without limitation, and hereby agrees to: a. Keep and maintain public records that, ordinarily and necessarily, would be required by the public agency to perform that service. b. Provide the public with access to public records on the same terms and conditions that the SUA would provide the records and at a cost that does not exceed the price provided in Chapter 119, Florida Statutes, as amended from time to time, or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. d. Meet all requirements for retaining public records and transfer, at no cost, to the SUA all public records in possession of the (bidder/seller/contractor) upon the termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 16. E-Verifv According to Florida Statute Section 448.095, the Contractor or subcontractors may not enter into an SUA contract to provide services to a public employer's project unless all parties register with and use the E -Verify system. SUA shall not enter into or renew a contract with the Contractor that is not enrolled in E -Verify. All Contractors/subcontractors are required to utilize E -Verify to confirm the employment eligibility of any employee hired during the contract term. SUA has the right to terminate any non-compliant vendor/contractor/subcontractor. B-4 Page 568 of 1018 BID NO: 40-552342-22 SULFURIC ACID 17. Debarred Firms The Contractor has not and will not award a subcontract, in connection with any contract award to it because of the submitted bid, to any firm that has been disbarred for non-compliance with the Federal Labor Standards, Title VI of the Civil Rights Act of 1964, Executive Order 11246 as amended or any other federal law. B-5 Page 569 of 1018 BID NO: 40-552342-22 SULFURIC ACID Certification of compliance with all conditions outlined in Section B, "Conditions of the Work and Contract." The bidder (Contractor) has or will comply with all conditions in said Section B. Sulphuric Acid Trading Company, Inc. Name of Firm Submitting Bid Federal ID # 5,9J424337 Florida Core pct is License ffiber. of Authorized Official Brent Shonka Name of Authorized Official Date: June 1, 2022 B-6 General Manager Title Page 570 of 1018 BID NO: 40-552342-22 SULFURIC ACID SPECIFIC REQUIREMENTS General The purpose of this specification document is to provide for the furnishing and delivery of Sulfuric Acid to the Seacoast Utility Authority's (SUA) Water Treatment Plant. The approximate annual requirements = 5,300 Tons. 2. Quantities stated are for Bidder's guidance only, and no guarantee is given or implied as to quantities that will be used during the Contract period. Estimated quantities are based upon previous needs and estimated usage for the 12 months. Said estimated amounts may be used for purposes of evaluating the low Bidder meeting the specifications set forth by SUA. SUA requires a firm price for the Contract period. NO market adjustments to the product's price during the term of the existing contract will be allowed. All pricing shall be quoted to include the delivery point. a. The only escalation that may be permitted is an increase in the freight rate. If the freight rate charge increases more than 15% from the start of the contract, proof of change and rate must be submitted to SUA for approval prior to making the rate effective. b. Request for an increase in freight charges shall be accompanied by invoices, receipts, or any other documents showing a direct link to freight increase, such as a substantial increase in the price of fuel. 4. Bidder must demonstrate an active safety program from plant facilities to the delivery point, including: a. Driver training in safe handling procedures b. Routine safety inspection of delivery trucks c. Compliance with I.C.C. and Florida D.O.T. Regulations Sulfuric Acid shall be 93% H2SO4 in -tank quantities of approximately 3,500 gallons. a. Shipping is by bulk in accord with applicable regulations. Bidder shall assure that each delivery truck is in A-1 mechanical condition conforming to ICC Spec. MC -310 and MC -311 for Sulfuric Acid, a hazardous chemical and will have the following: b. A capable driver trained in the proper handling of sulfuric acid and the use and operation of the equipment and certification of training. Extreme care should be taken when handling sulfuric acid. Workers (drivers) trained in the handling are expected to wear proper protective clothing, goggles, and face shields. Observation of drivers performing this duty with disregard for safety procedures will not be tolerated. c. Upon entering the Hood Road Water Treatment Plant, the driver must observe all safety policies, rules, and approved standard operating procedures. The vehicle's means of identification shall be required; and the net weight of liquid contents shall be with certified scale reading. These shall be provided to _-he plant operator on duty prior to any attempt to make delivery. The typical quantity of delivery is 3,500 gallons. Compressed air is available at the storage tank site if needed. C-1 Page 571 of 1018 BID NO: 40-552342-22 SULFURIC ACID. d. The supplier shall supply all necessary connectors and hoses required to offload the sulfuric acid shipment into SUA's bulk storage tanks. Supplier shall coordinate with SUA to confirm compatible connections & fittings. 6. The vendor shall supply a list of no less than three references that can verify the use of the product in a membrane drinking water plant in the State of Florida. 7. The manufacturer or vendor shall furnish an affidavit attesting that the sulfuric acid complies with all applicable specifications referenced within this document. 8. Vendor shall certify, sulfuric acid as suitable for contact with or treatment of drinking water by an accredited certificatiori okgar..ization in accordance with ANSUNSF Standard 60, Drinking Water Treatment Chemicals Health Effects. The evaluation shall be accomplished in accordance with requirements that are no less restrictive than those listed in ANSI/NSF Standard 60. Certification shall be achieved by a certification organization accredited by the American National Standards Institute. A copy, ofthal ceilification shall a (mijanythe bid. 9. The manufacturer or vendor shall submit to Seacoast Utility Authority (SUA) a certified analysis of each shipment. The analysis shall include % (by weight) H2SO4 content, iron, arsenic, lead, barium, cadmium, chromium, copper, cyanide, magnesium, mercury, selenium, and silver, and zinc contents. The iron content of the material shall not exceed 15 ppm of total iron, and the copper content of the material shall not exceed 2.0 ppm of total copper. If the acid does not meet these specifications, the load will be refused at no expense to SUA. 10. Successful vendor shall provide their Standard Operating Procedures for their drivers to SUA prior to the first delivery. A copy of the current Standard Operating Procedures for SUA shall be provided to the successful bidder prior to the first delivery. All procedures shall be reviewed for acceptance and in compliance with the provisions of OSHA, Subpart H,1910.119, title "Hazardous Materials." 11. SUA will provide the latest information on the facilities OSHA 1910.120 Hazard Communication Program to the successful bidder. The vendor shall provide a list of approved drivers with their current training records and a copy of their driver's license. The approved drivers' list shall be maintained current. 12. The supplier of this product shall provide the most up-to-date version of the SDS sheet. 13. The supplier of this product shall provide safety training to all water plant personnel on the plant site at least once per year as arranged by SUA. 14. Each shipment shall include product analysis and a sample of not less than 50mL A.➢ C-2 Page 572 of 1018 BID NO: 40-552342-22 SULFURIC ACID 1rlES'TIONNAil E SHEET The BIDDER's responses to the following questions/requests will assist the Authority in evaluating whether the bidder is qualified, responsive and responsible. Incomplete, inadequate or false responses may, at the Authority's sole discretion and consistent with Florida law, be cause for Bid rejection. The undersigned, under penalty of perjury, attests to the truth and accuracy of all statements and answers herein contained. State the true, exact, correct and complete name of the partnership, corporation, limited liability company or trade name under which you do business, and the address of the place of business. (If a corporation, state the name of the President and Secretary. If a partnership, state the names of all partners. If a trade name, state the names of the individuals who do business under the trade name.) 2. How many years has your organization been in business? Sulphuric Acid Trading Company, Inc. (SATCO) has been in business since 1989. 3. Have you ever failed to complete work awarded to you; if so, where and why? No 4. Provide the names, telephone numbers, and addresses of three corporations or individuals for which you have performed work in Palm Beach County of a type similar to the work which is the subject of this Bid. A listing of three such projects is preferred. However, at the Authority's sole discretion, a lesser number may be considered sufficiently responsive. Palm Beach County System #3, Tom Hagar, 561-638-5086, 20 + years (active contract) Collier County Regional WTP, Howard Brogeon, 239-252-5252, 24 + years (active contract) City of Port St. Lucie, Bryan Hirsch, 772-863-6437, 14+ years (active contract) 5. Have your employees or Specialist personally inspected the site plan? Yes 6. The following is given as a summary of the Financial Statements of the undersigned. (List assets and liabilities and use insert sheet if necessary.) Please see CONFIDENTIAL Financial Statements attached. a. The correct name of BIDDER is: Sulphuric Acid Trading Company,Inc. b. The business is a: Cor oratio i c. The address or principal place of business is: 3710 Corporex Park Drive, 'Suite 205, Tampa FL 33619 D -I Page 573 of 1018 BID NO: 40-552342-22 SULFURIC ACID d. The names of the corporate officers, or managers, or partners, or individuals doing business under a trade name are as follows: Brent Shonka Name Toshiya Kitamura Name Christopher Clark Name Hidenori Eto Name Title President, Secretary Title Title Director Title. Title Treasurer Title Title Director Title D-2 Page 574 of 1018 BID NO: 40-552342-22 SULFURIC ACID BID PROPOSAL SULFURIC ACID 1. Price quotation Data: a. Price of delivered Sulfuric Acid per ton $ 318.00 b. Terms of payment Net 30 days from date of invoice, subject to credit approval and limit. c. Will you extend the same prices, terms, and conditions to other governmental agencies within Palm Beach County? Yes x No 2. Delivery Data: a. STATE YOUR METHOD OF DELIVERY FROM POINT OF MANUFACTURE TO SEACOAST UTILITY AUTHORITY. Delivery will be made by primary licensed chemical transportation provider. b. STATE YOUR ALTERNATIVE METHOD OF DELIVERY FROM POINT OF MANUFACTURE TO SEACOAST UTILITY AUTHORITY IN THE EVENT OF A TRANSPORTATION CRISIS INVOLVING TRUCK, SHIP OR RAILCAR. In the event primary provider is unable to deliver, delivery will be made by a secondary licensed chemical transportation provider. 3. Contact x-,rson for regular delivery order: Name: Katie Bain Address: 37111 Corporex Park Telephone number:, (813) 225- 4. Contact Jerson for emergency delivery order: Name: Katie Bain Address: 3710 Cor orex Park Drive, Suite 205, T"am a F133619 Telephone number: 813 225-2000 5. Techmsical Service Representative: Name: Brian Des gyres Address: 4041 Maritime Blvd.,, °Fam a FL Telephone number: (813) 247-1005 E-1 Page 575 of 1018 BID NO: 40-552342-22 SULFURIC ACID BIDDER REQUIRED D FO SMS AND SIGNATURE VERIFICATION The following forms are required to be included along with this signed form in a bidder's submission, in the order noted below: 1,. Bidder Required Forms and Signature Verification 2. Bid Proposal 3. Certification of Compliance with Conditions of the Work and Contract (attach page B-6) 4. Questionnaire — (including required attachments) 5. Certificate of Insurance 6. Materials Safety Data Sheet 7. Proof of Corporate Authority to Enter Into Agreements/Contracts 8. Safety Program Sulphuric Acid Trading Company, Inc. __........... ............. _- ---- Name of Firm Submitting Bid Federal ID Florida 37 �& is License ure ber 0 Sigitature of Authorized Official Brent Shonka Name of Authorized Official Date: June 1 2022 (Attach Proof of Authorization) F -I General Manager Title Page 576 of 1018 ACTION OF THE DIRECTORS OF SUMIURIC ACFD1 TRADING COMPANY, INC. BY UNANIMOUS WRITTEN CONSENT IN LIEU OF ANNUAL MEETING The undersigned, constituting all the directors of Sulphuric Acid Trading Company, Inc., a Florida corporation the "Company), do hereby unanimously agree, declare. and, consent! in writing, without a meeting and in lieu ofthe annuat rnecting thereof, pLirsuanl to and in accordame with Sections 607,0820 and 6070821 of the Floridasirtess CoTporaition Art,, to the adoption of, and do hereby adopt, as off` e do, P, :_ day, of a-2 C 02 2020, the following rtiolulions and the actions specified tharcjnl: DELEGATJQN - AUTIIOPJTY TO G -4N AL MAN.V;LeR _�OF RESOLVED, that, effective j,?T-1j, 2070, Brent Shonka, General Njauager is hereby authorized and, directed un riake an), and al M Contracts, agrCernents, and ordc7s which he rnay deem necesian', appropfiate, or advisable from time tri 6mc in the ardinmuy course of cunei acting the bffxsines5 ofthe Company, in his capacity as General Mjana,�er, Z' subject to any existij1p0 limitations or restrictions requidng approval of another officer of the Company or the Board of Directors. Thesc� Resoluti(ims wii1 be, effective on the West date cxecuted by all the dircaors ofhtCompany sct 6orth below EXECUTED: EXECUTED: Takashi •naka,, Director Page 577 of 1018 SULPHURIC ACID TRADING COMPANY, INC. (A Wholly Owned Subsidiary of Sumitomo Corporation of Americas) Financial Statements March 31, 2021 and 2020 (With Independent Auditors' Report Thereon) Page 578 of 1018 Mayer Hoffman McCann P.C. 13577 Feather Sound Drive, Suite 400 a Clearwater, FL 33762 Main: 727.572.1400 s Fax: 727.571.1933 m www.mhmcpa.com Independent Auditors' Report To the Board of Directors Sulphuric Acid Trading Company, Inc.: We have audited the accompanying financial statements of Sulphuric Acid Trading Company, Inc. (a wholly-owned subsidiary of Sumitomo Corporation of Americas) ("SATCO") (the "Company"), which comprise the balance sheets as of March 31, 2021 and 2020, and the related statements of operations, shareholder's equity, and cash flows for the years then ended, and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation, and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditors' Responsibility Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditors' judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of SATCO as of March 31, 2021 and 2020, and the results of its operations and its cash flows for the years then ended in accordance with accounting principles generally accepted in the United States of America. �,Y'v A611,1 P�� July 23, 2021 Clearwater, Florida KRESTON Awmberor r.esco,;a,,o6 ,tor,,, ::0e„d= ,,:1:0111;,,,,5 Page 579 of 1018 SULPHURIC ACID TRADING COMPANY, INC. (A Wholly Owned Subsidiary of Sumitomo Corporation of Americas) Balance Sheets March 31, 2021 and 2020 (In Thousands) 2021 2020 Assets Current assets: Accounts receivable, trade $ 5,559 4,143 Sulphuric acid inventory 3,713 4,288 Income tax receivable from parent company - 876 Due from parent company 8,772 - Prepaid expenses and other current assets 265 94 Total current assets 18„309 9,401 Property, plant, and equipment: Terminal and equipment 37,625 35,761 Furniture, fixtures, and computer equipment 375 372 Automobiles 13 13 Construction in process 166 1,097 Total property, plant, and equipment 38,179 37,243 Less accumulated depreciation (13,179) (10,927) Property, plant, and equipment, net 25,000 26,316 Right -of -use assets: Right -of -use assets 20,647 13,330 Less accumulated amortization (1,776) (920) Right -0f --use assets, net 18,871 12,410 Deposits and other assets 68 63 Total assets $ 62,248 48,190 Liabilities and Shareholder's Equity Current liabilities: Line of credit, related party $ - 21 Accounts payable, trade 757 445 Accounts payable to related parties 3,646 1,142 Lease liabilities 746 704 Income tax payable due to parent company 1,190 - Uneaimed revenue 137 134 Accrued liabilities 1,395 1,919 Total current liabilities 7,871 4,365 Lease liabilities - non-current 19,041 12,129 Deferred tax liability 517 1,509 Total liabilities 27,429 18,003 Shareholder's equity 34,819 30,187 Total liabilities and equity $ 62,248 48,190 See accompanying independent auditors' report. and notes to financial statements. 2 Page 580 of 1018 SULPIIURIC ACED TRADING COMPANY, INC. (A Wholly Owned Subsidiary of Sumitomo Corporation of Americas) Statements of Operations For the Years Ended March 31, 2021 and 2020 (In Thousands) Revenues: Sulphuric acid Terminalling Other Total revenues Cost of sales Gross margin Selling, general, and administrative expenses Operating profit Other income: Interest income, net Other income, net Other income Income before income taxes Provision for income taxes Net income 2021 2020 $ 40,669 2-5,994 2,235 1,655 1 220 42,905 27,869 28,779 21,582 14,126 6,287 8,538 6,169 5,588 118 21 2 20 42 5,629 162 1,388 79 $ 4,241 83 See accompanying independent auditorER report and notes to financial statements. Page 581 of 1018 5/13/22; 10:08 AM Detail by Entity Name y t7epputio t ,c :R x sf /Ld qr.' L. fparations / Search Records / Search by.. ntitY._YJgjrvrp / Detail by Entity° rn Florida Profit Corporation SULPHURIC ACID TRADING COMPANY, INC. Document Number P97000008780 FEI/EIN Number 59-3424337 Date Filed 01/29/1997 Effective Date 01/22/1997 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/14/2010 Event Effective Date NONE p -,a Address. 3710 CORPOREX PARK DR STE 205 TAMPA, FL 33619 Changed: 12/14/2010 hkglli m,g AcUi 3710 CORPOREX PARK DR STE 205 TAMPA, FL 33619 Changed: 12/14/2010 CF REGISTERED AGENT, INC 100 S. ASHLEY DRIVE SUITE 400 TAMPA, FL 33602 Name Changed: 03/30/2016 Address Changed: 03/30/2016 Otcer/Director Detail Name & Address Title President, Secretary Page 582 oft 1018 l ` i httos)//search.sunbiz.org/Inquiry/CorporationSearch/SearchRes ultC#etaill?inquirytype=EntityName&directionType=Initial&searchNameOrderSULPH U... 1/3 5h 3/22, 0:08 AM ; SHONKA,BRENT 3710 CORPOREX PARK DRIVE SUITE 205 TAMPA, FL 33619 Title Director Kitamura, Toshiya 3710 CORPOREX PARK DR STE 205 TAMPA, FL 33619 Title Treasurer Clark, Christopher 3710 CORPOREX PARK DR STE 205 TAMPA, FL 33619 Title Director Eto, Hidenori 3710 CORPOREX PARK DR STE 205 TAMPA, FL 33619 Report Year Filed Date 2021 02/05/2021 2022 01/31/2022 2022 04/19/2022 L O O. , Detail by Entiiy Name 041193 Z(1ZAME—N ED AN View rmnage in F113= format 01/31/2022 -ANI UAL REPORT View ilrnage in Ir1Ir)IF folrm W iY2/Cry(2Q2,1...IT-ITA�➢�JtJ-ALwF2E_I?Q—Rr, View image in PDF formal: 03!1312020 -ANNUAL_ REPORT View ilnnage'in PDF format Q1l2kD(?019 AmY�IP➢CJAI„ F ,E,6 C mF C View image in IF11I IF folnnat Ci2,(„% I2C71 k#,-;w_A df U6�L REII C 112"r View image in PII:DIf ffolrrnat tD d 1Q w J17 - AMFh&r3F a NNJI) �V Rf aaQPT View ii mage inP11::DIF` fiomrnat Q5/121?Cd11.... NMIINQED ANNUAL REPORT View image in n: IDIF ffolTnat 04/05/2017 - ANNIL AILV�FII%QR"r View iiniage in PDF fomrroat 1q r f t 0 N!rg-.1 t Q6.. rv_E F' ilua ✓ iiruoage ilril PIF)IF ffor r aG �ALU P 7ERT 3,,/,,,NLZQj&j -- AN N.J View !image inPlf..'Dlf format Q4(14/2C715 -ANNUAL RE -PORT "a/ileww image !in Ir1I::)F forrrrat Q4/21/201.4_7 - AN UAr_ R!EE!, „Fel Mew image in Pl::DI" frJimat 1,w9fCi�3l2Qw13-wpYJ� �r�Fr3,A,VWI�L3Al FtF FTQ RI Viewirmage in Pll:Dlr: fforvmaat 09/05/ 13 � AMENDED ANNUAL REPoR��r , View Vieimage lien PDF format 08/01/2013 ..- AMElw1DED ANNUAL REPt3R'T View !!image in PDF forrmrat ��L632 Q4li20; .... ..,... , , View image in F11I I : format-4A Page 583 of 1018 f ; https.,//.,,earch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDeVail?Inquirytyoe==EntityName&directionType=Initial&searchNameOrder-SULPHU.�.' r 2/3 ” 5/13722, 1 a.08 AM ;: ,, i , 02/06//2013—ANNUAL REPORT 1211412010 0 --Amendment 03/01/2010 --ANNUAL REPORT, 04/27/l009 --ANNUAL NU.IAL RIL=pm r 04,01.Q008 -- ANNQAI,, R&„ ;.P .. 02/14/2007 ANNUfki�f?a.V.�,G'OR 03/�S1w/2006 .—ANNUAL NNUJR�G,®„ f�V wfl?G11�"C; 02/20/2005 -AIMY UJAL REPORT 03/31/2004 -- ANNUAL REPORT fALI 0003 .-..A Nit/ALB/m:PPERU, 0612.512,00,r- Am a = �4d0:_092�Ak'CWl4C"r 02/26/2001 -ANNUAL REPORT 042/04/2600 -- A P1VA IL VFPCi112T 02/24/1999 •- ANNUAL RFIPOR7 05/28/1998 -ANNUAL IREUDo.n. r 01/29/1997 -.Qpgjk �c roF A,rtices View image in FIDF i.rmat View image in FIDF format View image in PDF format View image in IPDF format View image in PDF format View image in PDF format View image in PDF format View image in IPDF format View image in PDF format View image in PIDIF format View image in PDF format View image in PDF format View image in 6'IDF format View image in PIDIF format View image in U'DF format View image in PIDIF format View image in PIDIF format View image in FIDIF format View image in PIF format View image in PIDIF format View image in U'DF fonnat Detailby Entity"Na4ne Page 584 of 1018 •https://s6arch.sunbiz.org/Inquiry/CorporationSearch/SearchResu ltDietvil?inquirytype=l=ntityName&directionType=Initial&search NameOrder-SULPHU... m 3/3 The Public Health and Safety Organization Listing category Searbh Page'], NSF Internationai NSA"` Product and Service Listings These NSF Official Listings are current as of Tuesday, April 12, 2022 at 12:15 a.m. Eastern Time. Please contact NSF to confirm the status of any Listing, report errors, or make suggestions. Alert: NSF is concerned about fraudulent downloading and manipulation of website text. Always confirm this information by clicking on the below link for the most accurate information: h-ftp:/nfo.nf.rrg Certify PwSChericals Listngs.aspj _apay=oF &Standard o& NSF/ANSI/CANNSF/ANSI/CAN 6o Drinking Water Treatment Chemicals - Health Effects Sulphuric Acid Trading Company, Inc. (SATCO) 3710 Corporex Park Drive Suite 205 Tampa, FL 33619 United States 800-633-1358 813-225-2000 Facility: Stockton, CA Sulfuric Acid Trade Designation Sulfuric Acid Sulphuric Acid Product Function Corrosion & Scale Control pH Adjustment Corrosion & Scale Control pH Adjustment Max Use 5omg/L 5omg/L Page 585 of 1018 fi tps://infci.nsf.org/Certified/PwsChemicals/Listings.asp?Company-0F4f.30& standard=050 i 1/2 1112/22, 10:1 G- AM ° ° '" Listing Chteg'oiy.Search Page ISf 'International ' G Facility: Tampa, FL Sulfuric Acid Trade Designation Sulfuric Acid Sulphuric Acid Product Function Max Use Corrosion & Scale Control 5omg/L pH Adjustment Corrosion & Scale Control 50mg/L pH Adjustment NOTE: Only products bearing the NSF Mark on the product, product packaging, and/or documentation shipped with the product are Certified. Number of matching Manufacturers is 1 Number of matching Products is 4 Processing time was o seconds Page 586 of 1018 https;Hinfo.risf.org/Certified/PwsChemicals/Listings.asp?Company=0F466&Standard=060 1 2/2 , ANAMEM SP'A7wcmO"M(OmU,'ff Sulphuric Acid Trading Company, Inc. Seacoast Utility Authority Bid No: 40-552342-22 Sulphuric Acid Certificate of Compliance 3710 Corporex Park Drive Suite 205 Tampa, Florida 33619 Telephone (813) 225-2000 The sulphuric acid represented by this bid complies with all applicable specifications referenced herein and will be sourced from SATCO's Terminal in Tampa, Florida; certified by ANSI/NSF Standard 60, the NSF Drinking Water Additives Certification Program. This Certification represents that this product conforms to all applicable requirements of NSF Standard 60 and all applicable program policies. Page 587 of 1018 �AYT T, a� YJ �mIYTl�m ar fiiP Jr � SAFETY DATA SHEET This SDS complies with REACH 1907/2006 and 2001/58/EC, GHS REVISION 5, OSHA 29CFR 1910.1200 Issue Date: April 29, 2015 Revision Date: December 29, 2021 Section 1: Chemical Product and Company Identification PRODUCT NAME: SULPHURIC ACID 93 — 99% FORMULA: H2SO4 PRODUCT USE: Manufacture of Fertilizers, Batteries, Industrial chemicals, Water treatment, Pulp & Paper, Mining CHEMICAL SUPPLIER COMPANY NAME EMERGENCY TELEPHONE Sulphuric Acid Trading Company, Inc. (SATCO) Chemtrec U.S.-Canada: 800-424-9300 3710 Corporex Park Drive, Suite 205 Chemtrec International: 703-527-3887 Tampa, Florida 33619 SATCO Emergency: 800-633-1358 Information 800-633-1358 Fax: 813-225-1001 Safety Data Sheet Competent Person: Brian Despres satco@satcoinc.net Section 2: Hazards Identification GHS Hazard Class Skin Corrosive Category 1 Eye Corrosive Category 1 Acute Toxicity Oral Category 5 Corrosive to Metals Category 1 Signal word: Danger I4azard Statement: H314 Causes severe skin burns and eye damage H318 Causes serious eye damage H301 May be harmful if swallowed H290 May be corrosive to metals Q0130 Rev. l 12.29.21 B.D. Page 588 of 1018 Sulphuric Acid, 93-99% Precautionary Prevention P260 Do not breathe dusts or mists. Statements: P280 Wear protective gloves/protective clothing/eye CANADA DSL protection/face protection. P264 Wash hands thoroughly after handling. P234 Keep only in original packaging. Response P301+P330+P331 IF SWALLOWED: Rinse mouth. Do NOT induce 7732-18-5 vomiting. P303+P361+P353 IF ON SKIN (or hair): Remove/Take off immediately all contaminated clothing. Rinse skin with water/shower. P363 Wash contaminated clothing before reuse. P304+P340 IF INHALED: Remove victim to fresh air and keep at rest in a position comfortable for breathing. P310 Immediately call a POISON CENTER or doctor/physician. P305+P351+P338 IF IN EYES: Rinse cautiously with water for several minutes. Remove contact lenses, if present and easy to do so. Continue rinsing. P312 Call a Poison Control center or doctor/physician if you feel unwell P390 Absorb spillage to prevent material damage Storage P405 Store locked up. P406 Store in corrosion resistant container with a resistant inner liner. Disposal P501 Dispose of contents/container by following the waste disposal requirements of your country, state, or local authorities. Hazards not otherwise classified (HNOC) or not covered by GHS: None HAZARD CLASSIFICATION: FIRE AND EXPLOSION: POTENTIAL HEALTH EFFECTS: APPEARANCE: Classified as hazardous based on IATA, IMDG, and DOT. Not considered flammable or combustible. <0 % of mixture consists of ingredients of unknown acute toxicity Clear, colorless to amber (light) Section 3: Composition, Information on Ingredients PRODUCT COMPOSITION APPROX % CAS NO. EINECS/ ELINCS CANADA DSL Sulphuric Acid >93 7664-93-9 231-639-5 Y Water <7 7732-18-5 231-791-2 Y Some items on this SDS may be designated as trade secrets (TS). Bonafide requests for disclosure of trade secret information to medical personnel must be made in accordance with the provisions contained in 29 CFR 1910.1200,11-13. Q0130 SDS Page 2 of 9 Rev.1 12.29.21 Product Sulphuric Acid B.D. Page 589 of 1018 ROM Sulphuric Acid, 93-99% Section 4: First Aid [Measures Description of First Aid Measures Inhalation Move victim to fresh air. If not breathing, provide CPR (cardio pulmonary resuscitation). Do Not use mouth-to-mouth if victim ingested or inhaled with substance: give CPR with the aid of a pocket mask equipped with a one-way valve or other proper respiratory medical device. Get immediate medical attention. Skin Contact Immediately flush skin with running water for at least 15 minutes. (Pay particular attention to folds, crevices, creases, groin). Start flushing while removing contaminated clothing. While in transport continue applying cold, wet compresses. If medical treatment is delayed, repeat the flushing or immerse the affected area in cold water. Creams and ointments should NOT be applied before or during the washing process. Discard heavily contaminated clothing and shoes, otherwise wash clothing separately before reuse. Eye Contact Immediately flush eyes with running water for at least 15 minutes. Hold eyelids open during flushing. Get immediate medical attention. Ingestion DO NOT INDUCE VOMITING. Never give anything to an unconscious person. If victim is alert and conscious, rinse mouth with water to dilute material. Spontaneous Vomiting: have victim lean forward with head down to avoid aspiration. Rinse mouth and administer more water. Immediately contact local poison control center. Get immediate medical attention. Most important symptoms and effects, both acute and delayed Symptoms/Injuries after Inhalation Material is extremely destructive to the tissue of the mucous membranes and upper respiratory tract. Symptoms/Injuries after Skin Contact May be harmful if absorbed through skin. Causes skin burns. Causes skin irritation. Symptoms/Injuries after Eye Contact Causes severe eye burns. Causes eye irritation. Symptoms/Injuries after Ingestion May be harmful if swallowed. Indication of any immediate medical attention and special treatment needed Material is extremely destructive to tissue of the mucous membranes and upper respiratory tract, eyes, and skin., spasm, inflammation and edema of the larynx, spasm, inflammation and edema of the bronchi, pneumonitis, pulmonary edema, burning sensation, Cough, wheezing, laryngitis, Shortness of breath, Headache, Nausea, Vomiting, Pulmonary edema. Effects may be delayed, to the best of our knowledge; the chemical, physical, and toxicological properties have not been thoroughly investigated. Q0 30 SDSPage 3 of 9 Rev.l 12.29.21 Product Sulphuric Acid B.D. Page 590 of 1018 Section 5: Fire -fighting Measures Suitable extinguishing media Small Fire Large Fire Unstiitable extinguishing media Special hazards arising from the substance or mixture Special remarks on Fire Hazards Special remarks on Explosion Hazards Protective actions fire-fighters Further information Sulphuric Acid, 93-99% Use water spray, alcohol -resistant foam, dry chemical or carbon dioxide. Flood fire area with large quantities of water while knocking down vapors with water fog. If insufficient water supply, knock down vapors only. No information available Non-combustible Hazardous combustion products: Releases of sulfur dioxide at extremely high temperatures. Not flammable but highly reactive. Strong dehydrating agent, which may cause ignition of finely divided combustible materials on contact. Reacts violently with water with the evolution of heat. Reacts with most metals, especially when diluted. Hydrogen gas release (extremely flammable, explosive). Wear standard protective equipment, self-contained breathing apparatus and full fire -fighting gear. Runoff from fire control may cause pollution. Neutralize run-off with lime or soda ash. Use water spray to cool unopened containers. Section 6: Accidental Release Measures Personal precautions, protective equipment, and emergency procedures Do not touch or walk through spilled material. Do not breathe vapor or mist. Provide sufficient ventilation, use respirator if ventilation is not satisfactory. Wear proper personal protective equipment (see Section 8). Environmental precautions Prevent further leakage or spillage if safe to do so. Prevent spills or contaminated rinse water from entering sewers or watercourses. Inform the local authorities if the product has caused environmental pollution. Methods and materials for containment and cleaning up Small Spills: Absorb with dry materials such as earth or sand. Place in a chemical waste container. Large spills: Dike the spill with earth or sand if possible. Restrict access to area until completion of clean up. Ensure trained personnel conduct clean up. Use proper personal protection equipment (see Section 8). Prevent liquid from entering waterways or sewers. Collect into plastic containers for disposal. Call emergency services. Comply with Federal, Provincial/State and local regulations on reporting releases. (For disposal reference section 13). Q0130 SDS Page 4 of 9 Rev.l 12.29.21 Product Sulphuric Acid B.D. Page 591 of 1018 Section 7: Handling and Storage Precautions for safe handling Use only with adequate ventilation. Do not inhale vapors. Wear proper protective equipment when handling this material. Avoid contact with skin, eyes, or clothing. Wash hands and face after handling this material. Conditions for safe storage, including any incompatibilities Keep container closed when not in use. Utilize chemical segregation. Follow all applicable local regulations for handling and storage. Specific uses Manufacture of Fertilizers, Batteries, Industrial chemicals, Water treatment, Pulp & Paper, Mining Section 8: Exposure Controls/Personal Protection Control Parameters PRODUCT COMPOSITION ACGIH TLV OSHA NIOSH PEL REL Sul huric acid 0.2 m m3 1 m m3 1 m m3 Exposure controls VENTILATION: SPECIAL VENTILATION CONTROLS: Sulphuric Acid, 93-99% Always provide good general, mechanical room ventilation where this chemical/material is used. Use this material inside totally enclosed equipment, or use it with local exhaust ventilation at points where vapors can be released into the workspace air. RESPIRATORY PROTECTION: Follow the OSHA respirator regulations found in 29 CFR 1910.134 or the CEN European Standards (EU). Use a NIOSH/MSHA or European Standard (EN) approved respirator if exposure limits are exceeded or if irritation or other symptoms are experienced. PROTECTIVE GLOVES: Neoprene, butyl, or nitrile rubber gloves are recommended. EYE PROTECTION: Safety glasses or splash goggles with face shield. SKIN PROTECTION: Complete personal protective equipment against chemical. The type of protective equipment must be selected according to the concentration and amount of the dangerous substance at the specific workplace. Recommended: Acid resistant rubber apron with long sleeves, boots. WORK/HYGIENE PRACTICES; OTHER EQUIPMENT: Q0130 SDS Page 5 of 9 Avoid breathing vapor. Avoid contact with eyes. Wash hands after handling. Make safety shower, eyewash stations, and hand washing equipment available in the work area. Rev.1 12.29.21 Product Sulphuric Acid B.D. Page 592 of 1018 Section 9: Physical and Chemical Properties Sulphuric Acid, 93-99% Section 10: Stability and Reactivity Reactivity: Chemical Stability: Possibility of Hazardous Reactions: Conditions to Avoid: Incompatibility (Materials to Avoid): Hazardous Decomposition Products: Q0130 SDS Page 6 of 9 Reacts violently with water, organic substances and base solutions with evolutions of heat and hazardous mists. Stable under recommended storage conditions. Under normal conditions of storage and use will not occur.. Reacts violently with water Heat, sources of ignition Bases, Halides, Organic materials, Carbides, fulminates, Nitrates, picrate's, Cyanides, Chlorates, alkali halides, Zinc salts, permanganates, e.g. potassium permanganate, Hydrogen peroxide, Azides, Perchlorates., Nitromethane, phosphorous, Reacts violently with:, cyclopentadiene, cyclopentanone oxime, nitroaryl amines, hexalithium disilicide, phosphorous(III) oxide, Powdered metals Possibility of decomposition if heated and in contact with sources of ignition. Release of toxic gases and vapors (sulfur oxides SO2, SO3)• , Rev.l 12.29.21 Product Sulphuric Acid B.D. Page 593 of 1018 PRODUCT CRITERIA APPEARANCE - COLOR: Clear, colorless to amber (light) PHYSICAL STATE: Li uid (oily liquid, clear to turbid ODOR: Odorless ODOR THRESHOLD Not available PH <1 1% solution/water MELTING POINT/FREEZING POINT: -31°F to 52°F -35°C to 11°C) INITIAL BOILING POINT AND BOILING RANGE: 379°F to 62.1°F 193°C to 327°C at 760 mm H FLASH POINT: Not A licable EVAPORATION RATE: Not available FLAMMABILITY Solid, as Not Available UPPER/LOWER FLAMMABILITY OR EXPLOSIVE LIMITS VAPOR PRESSURE Not available <1 Mm Hg, 77'F VAPOR DENSITY AIR = 1 3.4 Air = 1 RELATIVE DENSITY 25 °C : 1.84 SOLUBILITY(IES)Yes water) OXIDIZING PROPERTIES Not available PARTITION COEFFICIENT: n-octanol/water Not available AUTO IGNITION TEMPERATURE Not available DECOMPOSITION TEMPERATURE >340°C VISCOSITY 28 — 36 cP 60°F Section 10: Stability and Reactivity Reactivity: Chemical Stability: Possibility of Hazardous Reactions: Conditions to Avoid: Incompatibility (Materials to Avoid): Hazardous Decomposition Products: Q0130 SDS Page 6 of 9 Reacts violently with water, organic substances and base solutions with evolutions of heat and hazardous mists. Stable under recommended storage conditions. Under normal conditions of storage and use will not occur.. Reacts violently with water Heat, sources of ignition Bases, Halides, Organic materials, Carbides, fulminates, Nitrates, picrate's, Cyanides, Chlorates, alkali halides, Zinc salts, permanganates, e.g. potassium permanganate, Hydrogen peroxide, Azides, Perchlorates., Nitromethane, phosphorous, Reacts violently with:, cyclopentadiene, cyclopentanone oxime, nitroaryl amines, hexalithium disilicide, phosphorous(III) oxide, Powdered metals Possibility of decomposition if heated and in contact with sources of ignition. Release of toxic gases and vapors (sulfur oxides SO2, SO3)• , Rev.l 12.29.21 Product Sulphuric Acid B.D. Page 593 of 1018 Sulphuric Acid, 93-99% Section 11: Toxicological (Information GHS Renuired Criteria Toxicity Criteria Tnvivity infnrmatinn Com mentc Chemical Cnnctitnent Acute ToxicityLD50 Oral/Rat : 2140 m Sulphuric acid Sulphuric acid LC50 (Inhalation/Rat): 510 M&/m3 2 hours Sulphuric acid Skin Corrosion/Irritation Skin - Rabbit - Extremely corrosive and destructive to Sulphuric acid de radabili tissue. Bioaccumulative Serious Eye Damage / potential _ Eye Irritation Eyes - Rabbit - Corrosive to eyes No information is available. Sulphuric acid Respiratory or Skin No information is available. assessment: Data not available le Other adverse effects: Germ Cell Muta enici Data not available Carcinogenicity Not listed NTP Not listed IARC Not listed OSHA Reproductive Toxicity Data not available STOT -- Sin le Exposure Data not available STOT — Repeated Exposure Data not available Aspiration Hazard Data not available STOT = Specific Target Organ Toxicity Section 12: Ecological Information Toxicity: To city to fish LC50 - Gambusia affinis (Mosquito fish) - 42 mg/1 Sulphuric acid EC50 - Daphnia magna Water flea - 29 m 1- 24 h Sul huric acid Persistence and de radabili No information is available. Bioaccumulative potential No information is available. Mobility in soil: No information is available. PBT and vPvB No information is available. assessment: Other adverse effects: No information is available. Section 13: Disposal Considerations Waste from residues/unused products: Follow the waste disposal requirements of your country, state, or local authorities. Contact a licensed professional, waste disposal service to dispose of this material. Dissolve or mix the material with a combustible solvent and burn in a chemical incinerator equipped with an afterburner and scrubber. Offer surplus and non - recyclable solutions to a licensed disposal company. Contaminated packaging: Contaminated packaging material should be disposed of as stated above for residues and unused product. R.iusate: -Do not dispose of rinse water containing product in a sanitary sewer system or stormwater drainage system. Product Sulphuric Acid Q0130 Rev.1 12.29.21 B.D. SDS Page 7 of 9 Page 594 of 1018 Section 14: Transport Information ROAD TRANSPORT: ADR =International Canine of Dangerous erous Cools by Road UN NUMBER: DOT PROPER SHIPPING NAME DOT / ADR HAZARD CLASS: DOT / ADR LABELS: PLACARD: DOT / ADR PACKAGING GROUP: REPORTABLE QUANTITY (RQ) SEA TRANSPORT: EWDG PROPER SHIPPING NAME UN NUMBER SEA CLASS: PACKING GROUP: EmS No.: MARINE POLLUTANT: SEA TRANSPORT NOTES: AIR TRANSPORT: IATA/ICAO UN NUMBER: PROPER SHIPPING NAME HAZARD CLASS: PACKAGING GROUP: Section 15: Regulatory Information Sulphuric Acid, 93-99% UN 1830 Sulfuric Acid Corrosive Class 8 Corrosive, Class 8 II 1000 LBS (454 Kgs) Sulfuric Acid UN 1830 8 II F -A, S -B No Category C. For Steel drums Category B. UN 1830 Sulfuric Acid 8 II TOXIC SUBSTANCES CONTROL ACT (TSCA) STATUS: This product is in compliance with rules, regulations, and orders of TSCA. All components are listed on the TSCA Inventory. SUPERFUND AMENDMENTS AND REAUTHORIZATION ACT OF 1986 (SARA) TITLE III SECTION 313 SUPPLIER NOTIFICATION: This regulation requires submission of annual reports of toxic chemical(s) that appear in section 313 of the Emergency Planning and Community Right To Know Act of 1986 and 40 CFR 372. This information must be included in all SDS's that are copied and distributed for the material. The Section 313 toxic chemicals contained in this product are: Sulfuric acid CALIFORNIA PROPOSITION 65: This regulation requires a warning for California Proposition 65 chemical(s) under the statute. The California proposition 65 chemical(s) contained in this product are: None Product Sulphuric Acid Q0130 Rev. l 12.29.21 B.D. SDS Page 8 cf9 Page 595 Of 1018 Sulphuric Acid, 93-99% STATE RIGHT -TO -KNOW TOXIC SUBSTANCE OR HAZARDOUS SUBSTANCE LIST: Florida Toxic Substance(s): Not listed Massachusetts's hazardous substance(s): Sulfuric acid Pennsylvania hazardous substance code(s): Sulfuric acid New Jersey Sulfuric acid CANADA: This SDS contains all of the information required by the Controlled Products Regulations (CPR). WHMIS-INFORMATION: fhis'produci has been classified in accordance with the hazard criteria of the Co4ztrolled Products Regulations (CPR), SOR/88- 66, Current to February 20, 2012. The classes of controlled products listed in the CPR, Section 32, Part IV, have been reviewed and based on Professional Judgment this product has been determined to be, WHMIS controlled as a corrosive material. Sulphuric acid: DIA - Poisonous and infectious material - Immediate and serious effects - Very toxic E - Corrosive material EUROPEAN UNION: This product has been reviewed for compliance with the following European Community Directives: REACH 1907/2006; Regulation (EC) No 1272/2008 on classification, labeling, and packaging (CLP) of substances and mixtures. None of the chemicals used in this product are on the EU's REACH SVHC (Substances of Very High Concern) chemicals list (as of June 16, 2014). Section 16: Other Information NFPA Rating: Initial issue date: April 29, 2015 Final revision date: April 29, 2015 Revision Number: 0 Revision explanation Initial version Information Sources: RTECS, ECHA, REACH, OSHA 29CFR 19,10.1200 "Disclaimer: This document is generated to distribute health, safety and environmental data. It is not a specification sheet and none of the displayed data should be construed as a specification. Information on this SDS sheet was obtained from sources which we believe are reliable, and we believe that the information is complete and accurate. However, the information is provided without any warranty, express or implied, regarding its correctness. Some of the information presented and conclusions drawn are from sources other than direct test data of the substance. The conditions or methods of handling, storage, use and disposal of the product are beyond our control and may also be beyond our knowledge. It is the user's responsibility to determine the suitability of any material for a specific' purpose and to adopt such safety precautions as may be necessary. If the product is used as a component in another _product, this SDS information may not be applicable. For these reasons, we do not assume any responsibility and expressly disclaim liability for any loss, damage or expense arising out of or in any way Ponnected with'the handling,, storage, use or disposal of this product." SDS AUTHORED BY* _a xtcwlpT,r9 �tFIS a p Product Sulphuric Acid Q0130 amwn. SDS Page 9 of 9 B.D. Rev.1 12.29.21 Page 596 of 1018 ACCOUNT NO. 2021 - 2022 HILLSBOROUGH COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2022 13735 OCC.CODE RENEWAL 380.003001 WHOLESALE MERCHANT/RETAIL SALES Receipt Fee 30.00 Hazardous Waste Surcharge 0.00 Law Library Fee 0.00 BUSINESS SATCO 4041 MARITIME BLVD TAMPA, FL 33605 NAME SATCO MAILING 3710 CORPOREX PARK DR STE 205 ADDRESS TAMPA, FL 33619 �nlr�w irq� 1 2 Paid 20-626-004844 07/20/2021 30.00 BU S ESS TAX RECEIPT NANCY C MILLAN; TAX COLLECTOR HAS HEREBY PAID A PAiVILME. TAK TO ENGAGE 813-535-5200 IN BUSIIP ESS, PROFESSION, OR OCCUPATION SPECIFIED HEREON THIS BECOMES A TAX RECEIPT WHEN VALIDATED. Page '5597 Of 1018 ❑ M Iq co J CO m W � M F- CO LJL 0 d Q O Q CO -cl- F- lf) O N W H Qco T W cp 0-- coco U - 0 O d O (nMl— Page 598 of 1018"' H w z o 5 C) ca � H m ..............m cr) cm o 't Uii, o w y C'OM� E 110 c p ONS �fR C u 0 Q n u m a C_ 00 C c c C 7 Ol NO N c = O �a, JO O N Z c u o c aso co m m :3u m y E N �= Q p L a m o M Z Q t OJ m V N y N C c L a+ C L N V 0cu Y r O c '., x m O f0 > H a LO T N E o' ZA T N LN N () ❑ C> O N m Q N N U L O_ N O W 0 r T CD a L O a`) -iJ LL LL C-4 a T N(9 Z O. H N.L Cpl' I Z • E 0 V Q a O CL 0 U U Z Z Ww5 0 3 0 vX tu U 20 v CD w n = E Q u, Oj c o C ti ti0.c Ol r a/ > C. N E to d x v O 'F L O �+ a) E r 0o,. o O W O U c �'NinO t0 �.'Fm c 40 ti M z O ... in 00 00 O Ln , ........ ................. me ',.. 0 0 6Y C a0 iE � O H N O 7 cc u_ H m ❑ M Iq co J CO m W � M F- CO LJL 0 d Q O Q CO -cl- F- lf) O N W H Qco T W cp 0-- coco U - 0 O d O (nMl— Page 598 of 1018"' TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name andEmployer identification number Number To Give the Requester for guidelines on whose number to enter. F—F-1 ice® Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature off Here U.S. person 10 -Date ► �f P V �� General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an infbrrriatiori return with the IRS must obtain your correct taxpayer identification number I.TIN) which may be your social security number (S Nl', individual taxpayer identification number (ITIN), adoption taxpayet identification number (ATIN), or employer identification number (EIN), to report on an i.hformation return the amount paid to you, or other amount reportable on -an information return. Examples of information returns include,, but ar- not limited to, the following. • Form 1099=INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Forrr �g (RSN'011)1018 Request for Taxpayer Give Form to the Form (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury send to the IRS. Internal Revenue Service ► Go to www:its.9ov1FormlW;9for instructions and the latest information. I Name (as shown on your income tax return). Name Is required on this Bine; do not leave this line blank, Sulphuric Acid Trading Company, Inc. 2 Business name/disregarded entity name, if different from above CIS toP 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the Y 4 Exemptions codes apply only to P� ( PP Y Y M following seven boxes. certain entitles, not individuals; see a o ❑ Individual/sole proprietor or ❑ C Corporation ❑r S Corporation ❑ Partnership ❑ Trustlestate instructions on page 3): ai c single -member LLC Exempt payee code (if any) ao Z ':o ❑ Limited IWAity company. Enter the tax classification (C -C corporation, S=S corporation, P W Partnership) ► o` .M . Note:Che::k the epproprWte box in the fine above for the lax classification of the singfa Amember ownor. ao not check Exemption from FATCA reporting to LLC it the LLC is classified as a single-mornber LLC that is disregarded from the owner unless the aminer of the LLC Is another LLC that Is not disregarded from the owner for U.S. federal tax Otherwise, a single -member LLC that code (if any) IL purposes. is disregarded from the owner should check the appropriate box for the tax classitication of its owner. .0 d E] Other (see instructions) 10- (Applies to accounts maintained outside the U.S.) y 5 Address (number, street, and apt. or suite no.) See instructions, Requester's name and address (optional) 3710 Corporex Park Drive, Suite 205 6 City, state, and ZIP code Tampa, FL 33619 7 List account number(s) here (optional) • - �' ixpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other LU entities, It is your employer Identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name andEmployer identification number Number To Give the Requester for guidelines on whose number to enter. F—F-1 ice® Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding; and 3.1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Sign Signature off Here U.S. person 10 -Date ► �f P V �� General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov1FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an infbrrriatiori return with the IRS must obtain your correct taxpayer identification number I.TIN) which may be your social security number (S Nl', individual taxpayer identification number (ITIN), adoption taxpayet identification number (ATIN), or employer identification number (EIN), to report on an i.hformation return the amount paid to you, or other amount reportable on -an information return. Examples of information returns include,, but ar- not limited to, the following. • Form 1099=INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Forrr �g (RSN'011)1018 Q Date: 07/21/2021 Dear Sulphuric Acid Trading Co, Inc., This ietter acknowiedge that your empioyees are under a co-empioyment reiationship with Landrum Professional Employer Services (LandrumHR). As a co -employer for these employees, LandrumHR is the employer of record for payroll processing, payrioll tax reporting and for various other administrative purposes. It is LandrumHR's firm policy that all persons are entitled to equal employment opportunity regardless of race, color, relation, gender, national origin, age, disability, marital status or veteran status. In compliance with all federal and state civil rights laws, LandrumHR advises its clients to make every effort to employ and promote the most qualified individuals without regard to the above factors. Additionally, as a service to you, LandrumHR has participated in the E -verify Program since June 4, 2004 (which is currently under the Department of Homeland Security). Since that time, any of your employees that were hired through LandrumHR were processed through the E -verify Program for 1-9 purposes. LandrumHR's E -verify company ID number is 7547. As applicable, we can provide the case detail that supports that certain employees of your Company are eligible to work in the United States and have been fully verified by the Department of Homeland Security. Please direct any questions regarding these matters to my attention at (850) 476-5100,. Sincerely, Michelle Roberts Associate HR Director 800-888-0472 170 -Service HR Outsourcing4Recruiting Human%„ Pa •�� • i / 0 / l/ /// %/O//// i 11,G�%���/����� dye l' �� ,� f ��� li����/�����/ ����ll(✓ � 1 „��/�i ������/%��� , i�: �, ,/f� o�� r o ,�//r n��������/,,��F /✓,,/��✓�� , ,; , � ��% � � �% �� %%%l� //�����,�G Company Information car.wry Nano_ C ornpavy C Vuber Daing Business As JDBA'„ Mame Landiam 75-47 nuns wumbk Physical Locatlon MaWng Address Address I AMem' 1 6723 P1a,-rta'j1on Q,,, Address 2 Address city CKY State Er'vv FL by Code '!'ajjp 11:1:144: 32SB4 County ESCAMSIA Additional Infamation Emplvier werai.fKawn Murw>-t "D MA t Cir 1 rb: ¢J wqpk"�APmErn Ongan"zanon 592B27836 Administrator Organization Designation E,W", Cawgty Page 601 of, 1018 Page 1 of 2 r DATE (MMIDDNYYV) ACOORV CERTIFICATE OF LIABILITY INSURANCE 04/01/2022 µ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(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 CONTACTWillis Towers Watson Certificate Center NAME: _ 877-945-7378 FAX 1-888-467-2378 Willis Towers Watson Northeast, Inc„ WWWWWWWW""-IT 1 PHONE c/o 26 Century Blvd _LA19..NIPM. x0; ......._ .._.. __(&d NdI....m. ....... E401AIL P.O. Box 305191 ADDRESSt certificatesewillis com Nashville, TN 372305191 USA INSURERS AFFORDING COVERAGE_NAIC # ... INSURER A: National Union Fire Insurance Company of P 19445 ........................ m_.. ....._._.....-.....___.-. ._.--...._..._._._.........__. .............................. INSURED INSURER B: Mitsui Sumitomo Insurance USA Inc 22551 Sulphuric Acid Trading Company Inc. (SATCO)"........................ "............""""""""""'""'"" 3710 Corporex Park Drive, Suite 205 INSURERC: Illinois Union Insurance Company 27960 Tampa, FL 33619 INSURER D : rr►vGven=¢ rFRTIFI(_ATG IW IMRPR• W24443208 RFVI ION KIUMRFR- 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. ................ .... _._.._ YYYY_..... AF,?DL 'U BV Id' mmm mm EFF IPOLICY EXP ILTR POLICY NUMBER MOLICY TYPE OF INSURANCE Y MMIDO(- YYYY LIMITS IRM WVD Seacoast Utility Authority X COMMERCIAL GENERAL LIABILITY AUTHORIZED REPRESENTATIVE 4200 Hood Rad G Palm Beach Gardens, FL 33410 lb`1S EACH OCCURRENCE $ 1,000,000 X - 1,000,000 . CLAIMS -MADE OCCUR .PREMISES Ea oco4arreaCo $ A MED EXP (Any one person) $ 5,000 -.� y 45780547 04/01/2022 04/01/2023 PERSONAL 8 ADV INJURY$ .............. 1, 000 , 000 _. GEN'._. __.........._.....m. L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE $ 1,000,000 W, X PRO. ❑ JECT ❑ LOC POLICY PRODUCTS - COMP/OPAGG $ 1,000,000 Ded $ 25,000 OTHER. AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea acclderrv9,'�„ $ 1,000,000 ..................... X ANY AUTO BODILY INJURY (Per person) $ B OWNED SCHEDULEDDILY BVR8302070 04/01/2022'04/01/2023 ....... _- .� BO INJURY (Per accident) $ .AUTOS HIRED NON -OWNED AUTOS ONLY F__ _.....- ,.. PROPERTY DAMAGE .........�. $ AUTOS ONLY AUTOS ONLY -(Per accidenll $ X UMBRELLA LIAB OCCUR EACH OCCURRENCE $ See Attached' _... EXCESS LIAB CLAIMS -MADE 45780550 (50%) 04/01/2022 04/01/2023 AGGREGATE $ See Attached DED RETENTION $ $ WORKERS COMPENSATION PER 01H - STATUTE ER, AND EMPLOYERS' LIABILITY Y / N ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT [--]N OFFICER/MEMBER EXCLUDED? / A w$ (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE $ -. w-...........�.. If yes, describe under DESCRIPTION OF OPERATIONS below I E -L, DISEASE - POLICY LIMIT $ C Enviromental Pollution Liability PPL G24883930 007 04/01/2020 04/01/2023 Per Incident: $1,000,000 Aggregrate: $3,000,000 SIR: $100,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) This Voids and Replaces Previously Issued Certificate Dated 03/31/2022 WITH ID: W24405241„ Bumbershoot Liabilities - $20M x/s $5M limit policy nos. and underwriters are as follows: National Union Fire Insurance Company of Pittsburgh, PA $10,000,000 (50%) CERTIFICATE HOLDER CANCELLATION ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 22413155 BATcH: 2471803 Page 602 of 1018 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Seacoast Utility Authority AUTHORIZED REPRESENTATIVE 4200 Hood Rad G Palm Beach Gardens, FL 33410 lb`1S ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SR ID: 22413155 BATcH: 2471803 Page 602 of 1018 AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Willie Towers Watson Northeast, Inc. '..Sulphuric Acid Trading Company Inc. (SATCO) 3710 Corporex Park Drive, Suite 205 Tampa, FL 33619 POLICY NUMBER See Page 1 CARRIER NAIC CODE See Page 1 See Page 1 EFFECTIVE DATE: See Page 1 ADDITIONAL REMARKS A(:UKU 1U1 (ZUUtS/U1) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SR ID: 22413155 HATCH: 2471803 CERT: W24443208 Page 603 of 1018 CERTIFICATE-OP'LiABILITY INSURANCE UATE,MMYUDnYYY, �1212312021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT Liberty Mutual Insurance Co. National Insurance East 11AM Landrum Human Resource Companies, Inc. 2000 Westwood Dr. PHONE tII: 850-476-5100 C, No).. Wausau, WI 54401 EMAIL , INSURERS AFFORDING COVERAGE NAIC # a vww.LibertyMutual.com I.N.S. UBERA:-Liberty Mutual Fire Insurance Company 23035 INSURED INSURER B: Landrum Human Resource Companies, Inc., Etal INSURERC: 219 E. Garden Street, Suite 500 -_" Pensacola FL 32502 INSURER D: INSURER F: COVFRAnFS CERTIFICATF NIIMRFR• As1^19,9eti RFVISIr1N N1I1VIRFR- 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. _._._._____ �...mw.".-.....__— POUCY EfF POLICY EXP YLTR TYPE OF INSURANCE A DL VD B POLICY NUMBER MM DDIYY) MikMCDDNYYY LIMITS LTR AUTHORIZED REPRESENTATIVE COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE -5W $ ._ �D CLAIMS MADE 1:1OCCUR PREMISES Ea occurrence $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1 PRO [7LOC POLICY JECT PRODUCTS -COMP/OP AGG - $ OTHER $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ JEq uecid�nt ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED I'NIOF'LR IAMAGE $ AUTOS ONLY ,",........ AUTOS ONLY a6 UMBRELLALIAB OCCUR CU EACH OCRRENCE $ EXCESS LIAB CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ A WORKERS COMPENSATION �/ WA2-65D-428303-062 1/1/2022 1/1/2023 STATUTE OTTH- AND EMPLOYERS' LIABILITY Y/ N ,1 •••"-• ••••"-•••"-•----------- " _--" ANYPROPRIETOR/PARTNER/EXECUTIVE E L. ..- - (Mandatory in NH) E,L DISEASE EA EMPLOYEE If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Workers Compensation coverage for Employees leased to but not subcontractors of Sulphuric Acid Trading Company, Inc. 3710 Corporex Park Drive, Suite 205 Tampa, FL 33619. Waiver of subrogation is included in favor of the certificate holder, where required by written contract, and where applicable by law. CERTIFICATE HOLDER CAN'CEII ATION Seacoast'Utility Authority 4200 Hood Rd SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Palm Beach Gardens FL 33410 AUTHORIZED REPRESENTATIVE Chelsea Miller " fJ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD Page 604 of 1018 65825661 1 LM 2802 1 1/22-1/23 - Sulphuric Acid Trading Comp. I Connie Myszka 1 12/23/2021 12:21:48 PM (CST) I Page 1 of 1 Training Guide for Handling Sulfuric Acid (Strong Acids) 1. ACCIDENT PREVENTION i. While sulfuric acid's reactive properties make it invaluable in numerous industrial processes, its corrosive and reactive properties makes it extremely hazardous when it comes in contact with organic substances, such as the sugars, fats and proteins that make up human tissue. ii. Prompt emergency measures can help minimize the effects of an accidental burn, but the goal is prevention by consistently adhering to established safe operating procedures. M. Dilution a. Acid's reactive and corrosive nature and strong affinity for water create a special hazard when acid is being diluted. Although in daily life it comes naturally to add water to dilute a substance, you should never add water to sulfuric acid. b. The first drops of water entering the acid will be attacked so ferociously they will boil, spattering undiluted acid out of the vessel. Instead, when diluting, always add the acid to the water slowly while stirring. The larger volume of water will absorb and dissipate the heat generated by the reaction. c. Reactivity Hazards d. Sulfuric acid by itself is not flammable. However, it will react with most metals, especially when dilute and hydrogen gas (extremely flammable and explosive) may be generated. Strict adherence to no -smoking rules and the use of hydrogen meters, spark - proof tools and inspection lamps is essential, especially if any activity is planned for the tank or piping system that may cause sparking (e.g., welding, hammering or cutting). e. Sulfuric acid has a strong affinity for water and will react violently and generate heat when coming into contact with water or if mixing different strengths of sulfuric acid. f. Sulfuric acid will react violently with alkaline solutions, metal powders, carbides, chlorates, fulminates, nitrates, picrates and strong oxidizing, reducing or combustible organic materials, all with the resulting evolution of heat and possible explosion hazard. Extra care and attention should be paid when acid is in a confined tank/container or vacuum truck to ensure their contents last contained are compatible or the tank has been washed and purged. g. Sulfuric acid mist is a human carcinogen and good ventilation must be provided to keep mist concentrations below the exposure limits (0.2 mg/m3). Avoid breathing sulfuric acid mist and wear approved respiratory protection if adequate ventilation cannot be provided. h. Hazardous gases are evolved if sulfuric acid comes in contact with chemicals such as cyanides, sulfides and carbides. 2. GENERAL PRECAUTIONS i. The properties of sulfuric acid dictate the design, fabrication and operation of storage facilities, as well as how sulfuric acid is handled. Its corrosive, reactive nature, strong affinity for water and high specific gravity are three major considerations. Before the construction SAKC Trucking\TRAINING\tralning materlal\SUFURIC ACID last updated: 7/30/14 (KMS) THESE NOTES ARE TAKEN FROM 14N SDS: (This is a summary and NOT a complete SDS) Page 605 of 1018 Training Guide for Handling Sulfuric Acid (Strong Acids) of a storage or handling system, advice must be obtained from a competent engineering department or consultant and codes and regulations must be recognized. ii. At each point where sulfuric acid is handled, there must be ready access to safety showers and eye wash stations. There must be a minimum of 15 minutes of warm water at a high enough volume to drench the user. Stations must be equipped with an automatic alarm system designed to summon help from adjacent areas. Safety showers must be supplied with 25 to 33 degree C (78 to 92 degree F) tepid water and have a minimum flow rate of 20 USGPM, be within a 10 second unobstructed walk on the same level as the hazard and be "weatherized" (freeze protected) to meet OSHA standards. iii. The safe handling of sulfuric acid from tank trucks and tank cars by the application of air pressure or by gravity requires careful attention to proper procedures and should be conducted by trained personnel wearing proper protective clothing. iv. Smoking or other sources of ignition should not be permitted near tank cars or trucks, whether full or empty. Tank cars and trucks should be accurately spotted at the unloading line. For safety reasons, it is recommended that at least two persons be present during unloading. v. The hygroscopic nature of sulfuric acid means that any moisture entering a tank will be absorbed and, overtime, will create a "weak acid" top layer which will be more corrosive than the concentrated acid resulting in a corrosion problem. If the storage tank content is not turned over frequently, this corrosive layer will result in corrosion rings on the inside of the tank, which will decrease the life of the tank or could actually result in a leak if allowed to continue. 3. Product Identification: Sulphuric acid (sulfuric) i. Synonyms: oil of Vitriol, battery acid ii. Formula: H2504 4. Composition: i. Lessor more than 30% (UN1831) free sulfur trioxide ii. Not more than 51% (UN2796) iii. More than 51% (UN1830) Including 98 & 93% iv. Spent sulfuric acid (UN1832) 5. Physical Data: i. Appearance and Odor: Clear, colorless, odorless oily liquid ii. Specific Gravity (H20=1 (8.334 Ibs. per gal.) —1.84 (15.3 lbs. per gal.) iii. PH, 1% SOLUTION —Approximately 1 6. Fire and Explosion Hazard Data: i. Does not burn ii. Reacts with many metals to form flammable and explosive hydrogen gas. iii. Contact with water causes evolution of heat, and may cause spattering. (read SDS for more information dealing with emergency response precautions) 7. Reactivity Data L Stability: stable under normal conditions: 5:\KC Trucking\TRAINING\tralning materlal\SUFURIC ACID last updated: 7/30/14 (KMS) THESE NOTES ARE TAKEN FROM AN SDS: (This is a summary and NOT a complete SDS) Page 606 of 1018 Training Guide for Handling Sulfuric Acid (Strong Acids) ii. Incompatibility: Reacts with many metals to form flammable and explosive hydrogen gas. iii. Reactive to water, strong alkalis, strong oxidizers, and combustible materials. (read SDS for more precautions) 8. Health Hazard Data: I. Ingestion: moderately toxic, Skin: Extremely irritating and corrosive, Eye Extremely irritating and corrosive. Inhalation: Highly toxic 9. First Aid: L Do not induce vomiting ii. Skin contact: Remove from contaminated are and immediately flush with large amounts of water for 20 minutes. iii. Eye contact: Flush immediately with large amounts of water for at least 20 minutes. Hold eyelids away from the eyeball ensure thorough rinsing. Do not wait for symptoms to develop, get immediate help. iv. Inhalation: Remove affected person from source of exposure. If not breathing then CPR. If breathing is difficult, then give oxygen. Keep affected person at rest. Give immediate medical attention. 10. Personal Protective Equipment (PPE) i. Do not wear Contact lenses ii. Hardhat with Face shield & Velcro iii. Goggles worn under face shield iv. Splash bib attached with Velcro v. Acid Jacket and Pants 1. Proper maintenance of the suit 2. Cuffs vi. Gloves: PVC or Neoprene vii. Boots, Acid resistant rubber with steel toe viii. Prior to suiting up, the suit and "acid designated" gloves and boots should be checked for holes. Gloves can be checked by immersing them In water. Gloves should be loose enough to be easily removed in case acid enters them. To help prevent this, sleeves should be worn outside the gloves. ix. Trouser cuffs should be worn outside the boots to prevent acid from draining into them. x. For eye and face protection, a full -face shield with safety goggles must be worn. Requirement details vary by facility and work being performed. However, it is essential that eye protection is provided from all angles because the first reflex if splashed is to turn the head side to side. if desired, a full acid hood can be worn for additional protection. 11, Environmental Information: i. Reportable quantity: 1,000 lbs, or 65.23 gal. U. Do not apply water unless directed to do so iii. Do not put water on leak area iv. Do not get water inside container v. Hydrated lime may be used to heutralize residue SAKC Trucking\TRAINING\tralning material\SUFURIC ACID last updated: 7/30/14 (KMS) ' THESE NOTES ARE TAKEN FROM AN SDS: (This is a summary and NOT a complete SDS) Page 607 of 1018 Training Guide for Handling Sulfuric Acid (Strong Acids) 12. EQUIPMENT: (Ours and theirs) L Hoses a. Visual inspection prior to use I. Proper hoses, made out of what material ii. Damaged hoses iii. Cross contamination iv. Handling hoses v. Clean connections b. Fittings and connections I. Cam -lock connections and "The Hosack Story" ii. Customer connection and piping 1. The TBW story C. Chemical Resistance I. SS 316 and 304 ii. Corrosion depends on area and concentration. 13. PROCEDURES i. Attendance requirements: 177.834(i)(3) states: Except for unloading operations subject to §§ 177.837(d), 177.840(p), and 177.840(q), a qualified person "attends" the loading or unloading of a cargo tank if, throughout the process, he is alert and is within 7.62 m (25 feet) of the cargo tank. The qualified person attending the unloading of a cargo tank must have an unobstructed view of the cargo tank and delivery hose to the maximum extent practicable during the unloading operation. ii. Proper Fittings: only authorized fitting are cam -lock and 4 bolt flange and dry disconnect, any other method of unloading must be approved by the VP, KCIT. iii. Filling of Totes and portable tanks: On occasion a customer will request that we unload our trailer into portable storage tanks (totes) while their operator uses a fill nozzle. This is a potentially dangerous operation and must be pre -approved by dispatch and pre -evaluated by the safety manager. Approved unloading is accomplished by gravity only and NOT using air pressure to pressurize the tank. Any deviations from KCIT's policy must be approved by the VP, KCIT. iv. Double checking, walk around after completing loading and unloading. v. Zero drip policy and the use of buckets vi. Communicating with the customer: Will the load fit? vii. Pressure relief valves and unloading: Check the pressure gauge to ensure that it does not exceed 30 psi. 14. PROPER PACKAGING AND SECUREMENT Proper securement:• 5:\KC Trucking\TRAINING\training materlal\SUFURIC ACID last updated: 7/30114 (KMS) THESE NOTES ARE TAKEN 'FkOM AN SDS: (This is a summary and NOT a complete SDS) Page 608 of 1018 Training Guide for Handling Sulfuric Acid (Strong Acids) r: 177.834 (j) Except for a cargo tank conforming to § 173.29(b)(2) of this subchapter, a person may not drive a cargo tank motor vehicle containing a hazardous material regardless of quantity unless: (1) All manhole closures are closed and secured; and (2) All valves and other closures in liquid discharge systems are closed and free of leaks, except external emergency self-closing valves on MC 338 cargo tanks containing the residue of cryogenic liquids may remain either open or closed during transit. ii. Gaskets: Doyne lid gaskets can be tan or black but not white. White gaskets'are food grade and not resistant to strong acids or bases. Fittings: Black gaskets are usually rubber which is NOT resistant to sulfuric acid. iii. Volumes: Go over a calibration chart for familiarity. iv. Trailer inspections VIKT and what they mean: explain the process v. Proper equipment for the product i.e. using the proper liner for the acid strength. Explain the difference between products and the tanks that can haul them. A trailer lining gets its strength from a chemical and physical bond between the trailer and the coating. This bond can be broken by an incompatible chemical that the liner material was not engineered to resist, it can also be compromised by elevated temperatures, physical damage, such as chipping or scratching, and abrasion caused by suspended particles in the cargo. Seemingly weak chemicals can have a devastating effect on a liner where stronger ones might not. 15. SAFETY i. Site assessment a. Unsafe conditions in the process; ordering; check-in; untrained plant personnel; mechanical loading system, or peripheral systems. b. Unsafe actions can be caused by persons in the plant taking short-cuts, failing to communicate effectively, unsafe operation of equipment, and many other actions that can elevate risk to a dangerous level. ii. Safety Showers and Eye Wash Stations a. Safety showers and eye wash stations with alarms must be located wherever acid is being handled, and must be checked daily. b. Safety showers must be located within a 10 second unobstructed walk on the same level as the hazard. Safety showers must be supplied with tepid water (25 to 33 degree C / 78 to 92 degree F) and provide a minimum 15 minutes of 20 USGPM flow rate to meet OSHA standards. If the possibility of freezing exists, freeze protection must be provided. c. If the loading or unloading area has two levels, a safety station must be located on each level. Showers should also be located in nearby buildings, so that one is always accessible if a spill makes others unusable. Daily testing ensures correct operation and appropriate water temperature. Water should be tepid because an accident victim will have to stay under the shower for at lease 15 minutes. An alarm, triggered automatically S:\KC Trucking\TRAINING\training material\SUFU RIC ACID last updated: 7/30/14 IKMS) THESE NOTES ARE TAKEN FROM AN SDS: (This Is a summary and NOT a complete SDS) Page 609 of 1018 Training Guide for Handling Sulfuric Acid (Strong Acids) by the use of the shower or eye wash station, is a signal for co-workers to immediately provide assistance. iii. Under normal conditions some accumulation of pressure may occur in enclosed spaces, such as capped hoses, trailer, and piping. 16. Proper Fittings i. Use only proper cam -lock or 4 bolt fittings a. Improper fittings and unusual requests 17. Filling totes or other containers i. You are not authorized to fill totes using your equipment ii. You maybe dispatched to a customer that fills totes —there are strict guidelines and rules that must be followed by you and the customer. 18. Incidental Spills i. Emergency response ii. Notification iii. Clean-up 19. Non -Incidental Spills i. Spills on the highway ii. Unloading and loading stations a. Emergency shut-off b. Turnoff the air supply and relieve the air pressure from the tank iii. Emergency response a. In the event of a small spill, contain and neutralize the acid with soda ash, or lime. Then, from a safe distance, an experienced operator can dilute it using large quantities of water. Since the area will become slippery, care should be taken. b. Know the legal notification requirements that apply to your site or business. c. Larger spills should be contained and appropriate action taken. Clean-up and disposal should be carried out by experienced personnel or a qualified contractor. For containment and clean-up advice, you may call the NorFalco emergency response team at the phone numbers above. Ensure all response and remediation is done in compliance with applicable regulations. d. Always refer to the Safety Data Sheet for details on the safe handling of sulfuric acid. Every company involved in the handling of sulfuric acid should develop its own emergency measures plan, which includes posting important contacts and phone numbers at key locations in the plant, and in training and operating manuals. e. Notification 20. SECURITY i. Sulfur 21. CASE STUDIES: Unsafe actions that resulted in a spill L Do not apply air pressure prior to opening the unloading valve. S:\KC Trucking\TRAINING\tralning material\SUFURIC ACID last updated: 7/30/14 (KMS) THESE NOTES ARE TAKEN FROM AN SDS: (This is a summary and NOT a complete SDS) Page 610 of 1018 Training Guide for Handling Sulfuric Acid (Strong Acids) ii. Do not vent trailer going down the road. iii. Danger of putting residue back in the trailer. iv. Air pressure danger with acid mist. v. Leaving pressure on the trailer for someone else to get hurt. vi. Leaving acid in hoses for someone else. vii. Leaving acid trapped in lines at the customer. viii. Sticking the hose into the top of a tank. ix. Three way valves. x. Wrong tank. A. Over flow. xii. Split load. xiii. Pressure left in your unloading line. xiv. Turning off the air too soon and acid traveling back to the tractor. xv. Air inlet valve left open. xvi. Workers in the unloading or loading area. xvii. Not pulling up the catwalk. xviii. Dome lid not closed. xix. Washing out trailer with a heel of SA. xx. Leaving acid in hose that was dropped for maintenance or pressure testing. xxi. Leaving acid in the discharge then sending it to the shop for maintenance. xxii. Dropping the loaded trailer without support. xxiii. Cross contaminating the load with previous product hauled. xxiv. Loading the wrong load or product. xxv. Delivering to the wrong customer. xxvi. Customer helping open and closing valves. xxvii. Wrong gasket material. xxviii. Bleed valve left open. xxix. Water hose left on at customer causing catch basin to overflow. xxx. Mechanical failure that punctured tank and driver did not relieve pressure. S:\KCTrucking\TRAINING\t raining matcrlal\SUFURICACID last updated: 7/30/14 (KMS) THESE NOTES ARE TAKEN FROM AN SDS: (This is a summary and NOT a complete SDS) Page 611 of 1018 Driver's Vehicle Inspections Policy KC Industries Trucking, LLC is committed to following a strong daily inspection program. Department of Transportation (DOT) regulations require commercial motor vehicles to be inspected every day they are operated. Our daily inspection procedures will help prevent accidents and breakdowns, help avoid DOT penalties, and provide a sound basis for a good inspection and maintenance program. Daily inspection of vehicles will help prevent small problems from becoming big problems. Driver's Vehicle Inspections Procedures Driver Pre -trip Inspection Each driver must be satisfied that equipment is in proper working condition prior to operating a vehicle. This includes the following equipment: • Service brakes, including trailer brake connections • Parking (hand) brake • Steering mechanism • Lighting devices and reflectors • Tires • Horn • Windshield wipers • Rear vision mirrors • Wheels and rims • Coupling devices • Emergency equipment Each driver must also be satisfied that cargo is properly distributed and secured. The vehicle's cargo or other objects must not obscure the driver's view or interfere with the driver's movement. The driver will also review the last completed Driver's Vehicle Inspection Report (if and when such a report was required) to verify that any needed repairs were made to the vehicle. If an authorized signature certifies that defects were corrected or that correction was unnecessary, the driver shall sign the third signature line of the form. If the defects noted were not acknowledged by an authorized signature, the driver shall not drive the vehicle until the defects are handled appropriately. Driver on -the -road inspections Unless the driver has been ordered not to inspect the cargo or inspection is impractical, the driver must examine the cargo and its load securing devices within the first 50 miles of the trip and make any necessary adjustments. Once on the road, the driver must reexamine his/her vehicle and cargo: • at each change of duty status, • after driving for 3 hours; or • after driving for 150 miles, whichever occurs first. Page 612 of 1018 If a problem is found, the driver will either have the necessary repairs or adjustments made prior to operating the vehicle, or safely travel to the nearest repair facility. (See Vehicle Breakdown and Road Repair Procedure) If the vehicle contains hazardous materials, the driver must examine its tires at the beginning of the trip and each time the vehicle is parked. Driver post -trip inspection report When a driver is done operating a vehicle for the day (including any trailers), he/she must inspect the vehicle and report any safety-related defects or deficiencies so repairs can be made before the vehicle is driven again. Drivers of property -carrying vehicles must prepare and submit an inspection report even if there are no defects or deficiencies to report. KC Industries Trucking, LLC will use an inspection report form that has an original and Vehicle inspections reports are to be done on the Qualcomm. copy (copies). A sample of the inspection report form to be used is attached. The vehicle must be identified on the report. The regulations require that any defects in the following equipment items be noted: • Service brakes including trailer brake connections • Parking (hand) brake • Steering mechanism • Lighting devices and reflectors • Tires • Horn • Windshield wipers • Rear vision mirrors • Coupling devices • Wheels and rims • Emergency equipment The driver must also note any other defects that would affect the safe operation of the vehicle or result in its mechanical breakdown. The report must also indicate if no defects are found. The driver must sign the report. No defects: When no safety related problems are reported by the driver, the driver submits Vel>;cle inspection Reports are done on the Qualcomm. copies of the inspection report to the Vehicle Inspection Reports done on the Qualcomm go to the Maintenance Department, Safety Department, and Operations Department., Defects: When a driver reports safety related problems, he/she submits all copies to the On the Qualcomm.. The repair facility. will sign the report indicating that repairs have been made (or are not required to be made). The vehicle inspection report must be signed by the next driver to operate the vehicle. The original copy of the inspection report and certification of repairs will be retained In the Qualcomm.. (enter your answer) Page 613 of 1018 The original copies of inspection reports on which no defects were noted'will be retained for 3- months.. The original copies of inspection reports on which defects were noted, and the certification of repairs, will be retained for 3 months.. Page 614 of 1018 7.1. Requested Action by Commission: Approve Task Order UT -1 D-07 with Kimley-Horn and Associates, Inc. in the amount of $249,014.00 for Grant Identification, Evaluation, Preparation, and Writing Services. Explanation of Request: Boynton Beach Utilities is utilizing the General Consulting Services Contract (RFQ No. 046-2821-17/TP), Scope D awarded by City Commission on August 7, 2018 and dated August 20, 2018, renewed on August 3, 2021. Staff requests approval to issue Task Order UT -1D-07 to Kimley-Horn and Associates, Inc. (Kimley- Horn) in the amount of $249,014.00 to provide grant support including identification, evaluation, preparation, and writing services. Recognizing that many State and Federal grant funding application requirements are centered on developing high quality grant proposals for all major government agencies and around benefitting the Low -to -Moderate - Income (LMI) communities, Utilities has requested that Kimley-Horn conduct an LMI Evaluation of the City's neighborhoods, assist with writing and submitting complete grant proposals, as well as critical scientific review and editing to increase the competitiveness of the grant applications. As defined in the scope of work, Kimley-Horn's professional services include providing expertise in obtaining grant funding for the Utilities regulatory mandated needs, infrastructure upgrades, and facility hardening: 1. Citywide evaluation of Low -to -Moderate -Income (LMI) Considerations, 2. Identification and Application for Funding Opportunities, 3. State Revolving Fund (SRF) Loan Funding Investigation and Application Preparation, 4. Pre -Grant Implementation Guidance, and 5. Lead and Copper Rule Implementation assistance. How will this affect city programs or services? Implementation of the project will allow the City to obtain funding for the Utilities' regulatory mandated needs, infrastructure upgrades, and facility hardening. Fiscal Impact: Funding is available in the Utilities C I P in the following account: 403-5000-536-31.90, US2305. Alternatives: Do not approve the task order. Strategic Plan: High Performing Organization, Public Health and Safety , Environmental Sustainability Strategic Plan Application: Engaging a consultant to help identify, evaluate and apply for grants will allow the Utilities to maximize the funding opportunities provided by the Infrastructure Bill. Page 615 of 1018 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D fl'..-isk OrdE)r D fl'..-isk OrdE)r D Ag ir'E�'E) rTIE) 111 t D Ag ir'E�'E) rTIE) 111 t Description Fliroposall IVC II I Flroposall a ball sA F::: LAlly E)eCLAtEd Agir'E)E)irT1E)1['1t R E) 111 E)WE.1 II Page 616 of 1018 TASK ORDER NUMBER UT -1D-07 Describing a specific agreement between Kimley-Horn and Associates, Inc. ("Kimley-Horn"), and the City of Boynton Beach ("City") in accordance with the terms of the original Master Services Agreement for Continuing Professional Services dated August 20, 2021. Identification of Project: Project Name: City of Boynton Beach — Grant Related Services Project Manager: Allison Megrath Project Understanding: The City has identified the need for Grant Identification, Evaluation, Preparation, and Writing Services and has requested a proposal from Kimley-Horn for the same. Specific Scope of Basic Services: Kimley-Horn will provide the services specifically set forth below. Task 1 — City-wide Low -to -Moderate -Income (LMI) Considerations Recognizing that many third -party funding application requirements are centered around benefiting the LMI communities, the City has requested that Kimley-Horn conduct an LMI Evaluation of the City's neighborhoods. 1.1 LMI Evaluation and Mapping: Kimley-Horn will conduct a LMI Evaluation of the City's neighborhoods to identify those areas of the City that have a population of over 50% of the beneficiaries of being LMI. This will be done using the U.S. Department of Housing and Urban Development (HUD) LMI tool. Kimley-Horn will provide the City an LMI Map indicating the scoring for areas of the City that score about 50% LMI. 1.2 LMI Map and Flood Plan Map Review: Kimley-Horn will review the LMI Maps against the utilities information, as provided by the City, for each project area. Task 2 — Identification and Application for Funding Opportunities 2.1 Prepare Funding Matrix: It is understood that the identification of a potential grant, loan, and/or other funding opportunity may come from the City or from Kimley-Horn. Kimley-Horn will schedule a meeting with the City to determine project funding priorities and associated timelines. With this information, Kimley-Horn will conduct a grant and loan funding search of Federal, State, Municipal, or other non-governmental sources that suit the City's profile. Kimley-Horn will prepare a Funding Matrix presenting our findings, associated specifics, deadlines, and suggested actions. 2.2 Summarize Funding Matrix and Coordinate with City: Kimley-Horn will develop a Funding Matrix that identifies funding source, program summary, eligibility, critical dates, and match requirements. Kimley-Horn will present the preliminary Funding Matrix to the City in a virtual meeting. The meeting will be facilitated with the use of a PowerPoint presentation that will be provided electronically prior to the meeting. A meeting agenda will be prepared by Kimley-Horn and provided electronically to the City prior to the meeting via email. A meeting summary will be Page 617 of 1018 I , M� 1' 11 M � 11 1 M, I I I ME,,- I I prepared and provided by Kimley-Horn after the meeting via email Page 2 2.3 Grant Identification, Pursuit Consensus, and Preparation: Kimley-Horn will monitor grant opportunities through public grant source outlets. At the time of the development of this scope of services, specific requirements for funding opportunities currently not open is not known, however once funding opportunities are noticed, there is typically a very short period of time (30-45) days to submit required applications with attachments. The purpose of this initial grant funding task is to provide services associated with applying for grants, currently not noticed. Once a grant Notice of Funding Opportunity (NOFO) is issued, Kimley-Horn will notify the City and host a review meeting virtually to discuss the grant opportunity and discuss eligibility requirements. The purpose of the call is to gain consensus on a submittal strategy (i.e., go/no-go). The exact number of grants pursued will depend on the type of grants selected and the work effort associated with each. Kimley-Horn will assemble a draft submittal package(s), including a Benefit Cost Analysis, if required, and submit to the City for review. Kimley-Horn will host a submittal review call to discuss the submittal package(s) and obtain input and comments from City, prior to developing a final submittal package(s). Kimley-Horn will submit final application package(s) to the City to approve and authorize prior to the City submitting the application(s) to the grant funding agencies. Task 3 — State Revolving Fund (SRF) Loan Funding Investigation and Application Preparation Under this Task, Kimley-Horn will provide State Revolving Fund (SRF) funding services focused on the Infrastructure Bill as requested by the City. 3.1 SRF Loan Funding Investigation: Kimley-Horn will assist the City in investigating and researching the potential to obtain a SRF loan to fund the replacement and expansion of the City's underground utilities. The investigation and research will consist of coordinating with SRF Staff, arranging and attending meetings with City Staff and SRF Staff, preparing for meetings, reviewing the Utilities Capital Improvement Plan (CIP), preparing project related maps and exhibits to aid in the discussions. Focus will be on disbursement of funding and loans through the Infrastructure Bill. Kimley-Horn will include an investigation of the lead and copper rule (LCR) inventory pipe replacement category with this investigation. The LCR funding is part of the infrastructure bill which is being administered through the SRF program. 3.2 SRF Loan Funding Application: Kimley-Horn will assist the City in the preparation of the SRF Request for Inclusion form for up to 10 projects for either the Drinking Water Division or Clean Water Division of the SRF program. This assistance will consist of the preparation of project area exhibits, estimate of costs, coordination with the City Staff, and coordination with SRF loan manager for both the Drinking Water Division application and Clean Water Division application. Kimley-Horn will assist the City in responding to requests for additional information from the SRF loan manager. Kimley-Horn will assist the City in development of the SRF work plan. This assistance will include the preparation of the work plan deliverables list, project schedule, work plan budget, and coordination with the grant manager for the City. 3.3 Evaluation of Existing City Planning Documents for use in the SRF required Facility Plan: Kimley-Horn will review the City's existing planning documents that included relevant planning information for the proposed project area. Kimley-Horn will complete the SRF Facility Plan Review Checklist for both the Clean Water Division and Drinking Water Division using the information obtained from the existing planning documents. Page 618 of 1018 I , B� 1' 11 M � 11 1 M, I I I ME,,- I I Page 3 Kimley-Horn will advise the City on any additional information that would be needed for the facility plans for both the Drinking Water Division and Clean Water Division. Task 4 — Pre -Grant Implementation Guidance Under this task Kimley-Horn will provide pre -grant contract/start guidance for the awarded grant(s) which were sought under Task 2 of this task order. Kimley-Horn will provide general oversight to the City between announcement(s) or grant award(s) and execution of grant contract(s). 4.1 Pre -Grant Implementation Conditions Review and Coordination: Kimley-Horn and the City will concurrently review the conditions required by the Grantor to determine that the City can fulfill all conditions under the grant(s). Kimley-Horn will assist the City in reviewing the awarded grant contract. This will consist of notifying the City of grant requirements, review of reports and documentation, interface with the grant issuing agency, prepare grant contract required documentation, prepare grant contract modifications, assist the City in obtaining clarifications from the granting entity, and preparation of schedule for the City to comply with the funding requirements. Task 5 - Lead and Copper Rule Implementation Under this Task, Kimley-Horn will assist with additional activities to support advancement in the Lead and Copper Rule Implementation. 5.1 Lead and Copper Rule Compliance Guidance: This will consist of making recommendations for system evaluation based on the Lead -Cooper Rule and assisting with implementation of the rule. Additional Services, If Required: Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates. The following are services that Kimley-Horn can provide but are not currently included in the scope: 1. Additional grant applications under the SRF programs for alternative locations within the City. 2. Interview preparation and/or participation with State Agencies as part of their grant evaluation process. 3. Preparation and/or participation in site visits with state agencies. 4. Grant administration. 5. In-person meetings. 6. Preparation of the Drinking Water Division or Clean Water Division SRF Facility Plan. Information Provided by City: Kimley-Horn shall be entitled to rely on the completeness and accuracy of all information provided by the City or the City's consultants or representatives. The City shall provide all information requested by Kimley-Horn in a timely manner, including but not limited to the following: Materials as requested by Kimley-Horn to support the grant application (i.e., maps, data, reports, studies, and other similar record), if available. 2. The City's up to date FEIN #, DUNS #, and other similar information, as appropriate. Page 619 of 1018 I , M� 1' 11 M , 11 1 M, I I I ME,,- I I Responsibilities of City. Page 4 In addition to other responsibilities set out in this Agreement, the City shall provide requested materials in a timely fashion as requested by Kimley-Horn, including signing and/or submitting the application, which may be required to be done electronically. Schedule: Kimley-Horn will provide our services as expeditiously as practicable with the goal of meeting a mutually agreeable schedule. Fee and Expenses: Kimley-Horn will perform the Services in Tasks 1-5 on a labor fee plus expense basis. Labor fee will be billed on an hourly basis according to July 3, 2018, approved rates. Based on current information, Kimley-Horn estimates that labor fees will be approximately $249,014.00. Fee estimates in this Agreement are for general budgeting purposes only. Actual fees may be less or more than the estimates. Task Description Task 1 — City-wide Low -to -Moderate Income (LMI) Considerations Estimated Fees $8,592 Task 2 — Identification and Application for Funding Opportunities $85,842 Task 3 — State Revolving Fund (SRF) Loan Funding Investigation Application Preparation $,131,820 Task 4 — Pre -Grant Implementation Guidance $13,044 Task 5 — Lead and Copper Rule Implementation $9,716 Total Labor Fee Plus Expenses Estimate $249,014 Direct reimbursable expenses such as express delivery services, fees, air travel, and other direct expenses will be billed at 1.15 times cost. A percentage of labor fee will be added to each invoice to cover certain other expenses such as telecommunications, in-house reproduction, postage, supplies, project related computer time, and local mileage. Administrative time related to the project will be billed hourly. All permitting, application, and similar project fees will be paid directly by the City. Should the City request Kimley-Horn to advance any such project fees on the City's behalf, a separate invoice for such fees, with a fifteen percent (15%) markup, will be immediately issued to and paid by the City. Sincerely, KIMLEY-HORN AND ASSOCIATES, INC. BY:��� Gene B. Losito, P.E. TITLE: Assistant Secretary DATE: July 27, 2022 Attachments: Table A — Cost Estimate KAGVL_M ISC\New Bus iness\Public Sector\Boynton Beach\2022Wisc Grant Services and SRF Proposal\Task Order UT-1D-07_City of Boynton Beach Grant Related Services REV5.dou Page 620 of 1018 Principal Engineer 200 Principal 250 Sr. Professional EngProgram Manager 220 Engineer III Sr Professional Staff Architect « r Project Manager Staff Environmental Engineer 120 Senior Planner Staff construction Engineer 115 Professional Engineer Engineer II �Nfi((f Senior Designer 150 Engineer 1 95 Senior Technical Support 125 Project Manager Engineer ��� ���������������������� ���# LA 95 CADD Designer 110 Sr Inspector 85 Admin assistance 60 Inspector 65 Senior Construction Manager 150 Sr CADD Designer 95 Senior Construction Inspector 105 CADD Designer 85 Construction Inspector 90 CADD Tech 70 Permit Coord 40 Clerical 45 Page 622 of 1018 Senior Professional II 223.3333 230 190 170 130 120 80 Page 623 of 1018 GENERAL CONSULTING SERVICES AGREEMENT THIS AGREEMENT' is entered into between the City of Boynton Beach, hereinafter referred to as "the CITY", and KIMLEY-HORN AND ASSOCIATES, INC., hereinafter referred to as "the CONSULTANT", in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the Consultants' Competitive Negotiation Act, the CITY'S Procurement Code, the City of Boynton Beach solicited proposals for professional consulting services from qualified engineering firms for required City services; and WHEREAS, THE CITY issued a Request for Qualifications for General Consulting Services for the City of Boynton Beach, RFQ No. 046-2821-17fTP; and WHEREAS, the City Commission designated CONSULTANT as one of several qualified consulting firms to provide General Consulting services to the CITY; and NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES 1.1 CONSULTANT agrees to perform General Consulting Services by way of individual task orders, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The specified projects which may be assigned to CONSULTANT is in conjunction with: Scope Category A Water Plant Modifications, Capacity and Operations Evaluation Scope Category B Infrastructure Improvements and Evaluations Scope Category C Ancillary Studies and Services ® Scope Category D Transportation Services Scope Category E Architectural and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.1 GENERAL: The CONSULTANT agrees to perform work assigned by Task Order(s) under such terms as set forth in the Task Order(s). The terms of the Task Order(s) shall be supplemental to the terms of this Agreement. 1.2.2 The CONSULTANT is responsible for defects in its work and in the work of its Sub -consultants' work. The term "Agreement" has the same meaning as the term "contract". Boynton Beach Utilities - General Consulting Services C-1 V.5 CLEAN FINAL Page 624 of 1018 1.2.3 PRELIMINARY SERVICES PHASE: The CONSULTANT shall prepare preliminary studies and reports, feasibility studies, financial and fiscal studies, and evaluation of existing facilities, preparation of schematic layouts and sketches where required; develop construction budgets, opinions of Probable Construction Cost, and shall consult and confer with the CITY as may be necessary for the CITY to reach decisions concerning the subject matter. The CONSULTANT shall attend meetings with the CITY Commission and CITY staff as may be required, and provide the CITY with a time schedule which shall include but not be limited to submittal of all milestones related to the project up to delivery of 100% construction documents. 1.2.4 During the preliminary services phase, the CONSULTANT shall advise the CITY, based on CONSULTANT'S professional opinion and the current project conditions and reasonably foreseeable conditions of the completeness of existing data and its suitability for the intended purposes of the project; CONSULTANT to obtain data from other sources; identify and analyze requirements of governmental authorities having jurisdiction to approve the design of the project; provide analyses of the CITY'S needs for surveys; perform site evaluations and comparative studies of prospective site and solutions; and prepare and furnish a report to the City setting forth the CONSULTANT'S findings and recommendations. 1.2.4.1 Providing any type of property surveys or related engineering services needed for the transfer of interests in real property, and field surveys for design purposes and engineering surveys and staking to enable Contractor to proceed with their work, and providing other special field surveys. 1.2.4.2 Preliminary design services to be performed by the CONSULTANT shall include consultation and advice concerning the extent and scope of proposed work and preparation of preliminary design documents consisting of design criteria, preliminary drawings, and outline specifications as well as preliminary estimates of probable Construction Costs. This phase will also include preparation of a preliminary site plan or schematic drawings when appropriate. Up to six (6) copies of the preliminary design documents shall be furnished to the CITY, the exact number needed shall be determined by the CITY. 1.2.4.3 CONSULTANT shall provide environmental assessment and impact statements as required to determine the suitability of the site and its surrounds for the proposed project; and/or 1.2.4.4 Upon authorization of the CITY, the CONSULTANT will provide advice and assistance relating to operation and maintenance of project or other systems; evaluate and report on operations; assist the CITY in matters relating to regulatory agency operations review or operating permit non-compliance; assist with startup and operator training for newly installed or modified equipment and processes, and in the preparation of operating, Boynton Beach Utilities - General Consulting Services C-2 V.5 CLEAN FINAL Page 625 of 1018 maintenance and staffing manuals for the project. 1.2.5 BASIC SERVICES: The CONSULTANT shall consult and advise the CITY in the following manner: specifying the extent and scope of the work to be performed; prepare detailed construction drawings and specifications; revise and update, where necessary, previously designed construction plans and specifications, whether in whole or in part, to be incorporated into the proposed work and prepare construction documents and final estimate of probable Construction Cost. The final design services shall be provided in an electronic format, and shall also include furnishing up to six (6) copies of plans and specifications to the CITY; the exact number needed shall be determined by the CITY. 1.2.6 Final design services shall also include preparation of permit applications as may be required by such agencies as have legal review authority over the project. These applications shall include but not be limited to site plan approvals or other permits and work efforts and shall also consist of meetings at staff level and meetings with the appropriate governing body and the CITY. Unless specifically provided for under the final design phase, permit application services do not include applications requiring environmental impact statements or environmental assessments, consumptive use permits and landfill permits. 1.2.6.1 The CONSULTANT based upon the approved design documents and any adjustments authorized by the CITY in each project, project schedule or construction budget shall prepare for approval by the CITY, design development documents consisting of drawings and other documents to fix and describe the size and character of each project's civil engineering, environmental, landscape, architectural, structural, mechanical, and electrical systems and any other requirements or systems, materials and such other elements as may be appropriate for a complete project. The CONSULTANT shall also advise the CITY of any adjustments to the preliminary estimate of probable Construction Costs. 1.2.6.2 The CONSULTANT based on CITY approved design development documents and any further adjustments in the scope or quality of the project or in the construction budget shall prepare Construction Documents within the number of calendar days specified within any notice issued by the CITY. The Construction Documents shall consist of drawings and specifications setting forth in detail the requirements for the construction of the project. 1.2.6.3 The CONSULTANT shall assist the CITY in the preparation of the necessary proposal information and forms. 1.2.6.4 The CONSULTANT shall advise the CITY of any adjustments to previous estimates of probable Construction Costs indicated by changes in codes, administrative and jurisdictional requirements of general market conditions. 1.2.6.5 The CONSULTANT shall submit to the CITY for each project, Boynton Beach Utilities - General Consulting Services C-3 V.5 CLEAN FINAL Page 626 of 1018 electronic format and up to six (6) copies of the Construction Documents, and a further revised estimate of total probable Construction Cost. 1.2.6.6 CONSULTANT shall include in the Construction Documents a requirement that the construction contractor shall provide a final as -built survey of the project in Autocad electronic format by a registered Land Surveyor, and provide marked up construction drawings to the CONSULTANT so that the CONSULTANT can prepare and deliver to the CITY the record drawings in the form required by the CITY and as required. 1.2.6.7 Prior to final approval of the Construction Documents by the CITY, the CONSULTANT shall conduct a thorough review and quality control evaluation of the entire work product for compliance with requirements of any local, state, or federal agency from which a permit or other approval is required. The CONSULTANT shall make sure that all necessary approvals have taken place. 1.2.6.8 Prior to each phased submittal, the CONSULTANT shall conduct a thorough quality control review and assessment of the work product to determine whether the work is properly coordinated and confirm that the CITY and agency comments have been addressed and incorporated into the Contract Documents. The CONSULTANT shall provide to the CITY a Quality Assurance and Quality Control plan in a format that advises the CITY that all work has been performed as required. A report shall be submitted in accordance with those standards to apprise the CITY that due care has been taken in the preparation of the Contract Documents. 1.2.6.9 The CONSULTANT shall signify responsibility for the Contract Documents including technical specifications and drawings prepared pursuant to this Agreement by affixing a signature, date and seal as required by Florida Statutes Chapters 471 and 481, if applicable. The CONSULTANT shall comply with all of its governing laws, rules, regulations, codes, directives and other applicable federal, state and local requirements in preparation of the work. 1.2.7 The CONSULTANT shall provide the construction documents, technical specifications and drawings completed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. 1.2.8 The CONSULTANT following the CITY'S approval of the Construction Documents and the latest estimate of probable Construction Cost shall when so directed and authorized by the CITY, assist the CITY in obtaining proposals or negotiated proposals, and assist in preparing contracts for construction. 1.2.8.1 The CONSULTANT shall review and analyze the proposals Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C4 Page 627 of 1018 received by the CITY and shall make a recommendation for any award based on the CITY'S Procurement Administrative Policy Manual. 1.2.8.2 Any Opinion of the Construction Cost prepared by CONSULTANT represents its judgment as a design professional and is supplied for the general guidance of the CITY. Since CONSULTANT has no control over market conditions, CONSULTANT does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the CITY. If the project is not advertised for proposals within three (3) months after delivery of Final Design Plans, through no fault of the CONSULTANT or if either local market conditions or industry- wide prices have changed because of unusual or unanticipated events effecting the general level of prices or times of delivery in the construction industry, the established Construction Cost limit may be adjusted as determined by the CITY'S Representative and as approved by the CITY, if necessary. Additionally, if the CITY expands a project scope of work after the CONSULTANT renders the Final estimated probable Construction Cost of the Final Design Plans, the CONSULTANT shall not be responsible for any redesign without compensation which shall be mutually agreed to by the parties hereto. 1.2.8.3 The CONSULTANT shall provide the CITY with a list of recommended prospective bidders. 1.2.8.4 The CONSULTANT shall attend all pre-proposal/per-bid conferences. 1.2.8.5 The CONSULTANT shall recommend any addenda, through the CITY'S representative as appropriate, to clarify, correct, or change proposal documents. 1.2.8.6 If Pre -Qualification of bidders is required as set forth in the Request for Proposals or Invitation to Bid (two-step bid process), CONSULTANT shall assist the CITY, if requested in developing qualifications criteria, review qualifications and recommend acceptance or rejection of the bidders. 1.2.8.7 If requested, CONSULTANT shall evaluate proposals and bidders, and make recommendations regarding any award by the CITY. 1.2.9 The CITY shall make decision on all claims regarding interpretation of the Construction Documents, and on all other matters relating to the execution and progress of the Work after receiving a recommendation from the CONSULTANT. The CONSULTANT shall check schedules, shop drawings and other submissions for the limited purpose of checking conformance with the concept of the project, and for compliance with the information given by the Construction Documents. The CONSULTANT shall also review change orders prepared and submitted by Contractor and review and make recommendations to the City for progress payments to the Contractor based on each project schedule of values and the percentage of work completed. The CONSULTANT will neither have control over or charge of, nor be responsible for, the construction means, methods, techniques, sequences, or procedures, or for the safety Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL Cas Page 628 of 1018 precautions and programs in connection with the construction of the assigned task order projects. 1.2.9.1 The CITY shall maintain a record of all change orders which shall be categorized to the various types, causes, etc. that may be determined useful and necessary for its purpose. 1.2.9.2 If the CONSULTANT is not the Construction Manager for the construction, the CITY shall notify the CONSULTANT within three (3) days of the discovery of any arch itecturallengineering error or omission so that the CONSULTANT can be part of the negotiations resolving the claim between the CITY and the Contractor. 1.2.10 The CONSULTANT shall carefully review and examine the Contractor's schedule of values, together with any supporting documentation. The purpose of such review and examination will be to protect the CITY from an unbalanced schedule of values which allocates greater value to certain elements of each project than is indicated by industry standards, supporting documentation, or data. If the schedule of values is not found to be appropriate, it shall be returned to the Contractor for revision for supporting documentation. After making such examination, when the schedule of values is found to be appropriate, the CONSULTANT shall sign the schedule of values indicated informed belief that the schedule of values constitute a reasonable, balanced basis for payment of the Application for Payment to the Contractor. 1.2.11 The CONSULTANT shall perform on-site construction observation of each project based on the Construction Documents in accordance with paragraph 1.2.16 "Resident Project Services" of this Agreement. The CONSULTANT'S observation shall determine the progress of the work completed, and whether the work is proceeding in a manner indicating that the work when fully competed will be in accordance with the Construction Documents. On the basis of site visits, the CONSULTANT will provide the CITY with a written report of each site visit in order to reasonably inform the CITY of the progress of the portion of the Work completed. The CONSULTANT shall endeavor to identify for the CITY any defects and deficiencies in the work of contractors, and make written recommendation to the CITY where the work fails to conform to the Construction Documents. The CONSULTANT shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures. or for safety precautions and programs in connection with the Work, nor shall the CONSULTANT be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The CONSULTANT shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Based on such observation and the Contractor's Application for Payment, the CONSULTANT shall determine the amount due to the Contractor and shall issue Certificates for Payment in such amount. These Certificates will constitute a representation to the CITY based on such Boynton Beach Utilities - General Consulting Services C -6V.5 CLEAN FINAL Page 629 of 1018 observations and the data comprising the Application for Payment that the work has progressed to the point indicated. By issuing a Certificate of Payment, the CONSULTANT will also represent to the CITY that to the best of its information and belief, based on what its observation have revealed; the Work is in accordance with the Construction Documents. The CONSULTANT shall conduct observations to determine the dates of substantial and final completion and issue a recommendation for final payment. 1.2.12 The CONSULTANT shall revise the Construction drawings and submit record or corrected drawings to the CITY to show those changes made during the construction process based on the marked up prints, drawings and other data furnished by the Contractor. The record drawings shall be provided in electronic format inclusive of conformed PDF files and AutoCad files in a form compatible with the CITY'S version of AutoCad formats for archival purposes. 1.2.13 The CONSULTANT shall attend regularly scheduled progress meetings on site bi-monthly or as otherwise determined based on a specific need established prior to construction by the CITY. 1.2.14 The CONSULTANT shall review change orders prepared and submitted by the Contractor for the CITY'S approval. CONSULTANT shall not authorize any changes in the work or time, no matter how minor without prior written approval by the CITY. 1.2.15 Each project's construction or demolition shall be considered complete upon compilation of a punchlist by CONSULTANT, which shall be timely completed by Contractor to the satisfaction of the CITY, written notification to Contractor by CONSULTANT that all releases of liens are satisfied and written recommendation by CONSULTANT for final payment to the Contractor which shall be at the sole discretion of the CITY. 1.2.16 RESIDENT PROJECT SERVICES: During the Construction progress of any work, the CONSULTANT will if authorized by the CITY, provide resident project observation services to be performed by one or more authorized employees ("Resident Project Representative") of the CONSULTANT. Resident Project Representatives shall provide extensive observation services at the project site during construction. The Resident Project Representative will endeavor to identify for the CITY any defects and deficiencies in the work of the Contractor(s). Resident project observation services shall include but is not limited to the following: Conducting all pre -construction conferences; Conducting all necessary construction progress meetings; Observation of the work in progress to the extent authorized by the CITY; Receipt, review coordination and disbursement of shop drawings and other submittals; Maintenance and preparation of progress reports; Field observation and verification of quantities of equipment and materials installed; Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-7 Page 630 of 1018 Verification of contractors' and subcontractors' payrolls and records for compliance with applicable contract requirements; :• Maintenance at each project site on a current basis of all drawings, specifications, contracts, samples, permits, and other project related documents, and at the completion of each project, deliver all such records to the CITY; o� Preparation, update and distribution of a project budget with each project schedule; Notification to the CITY immediately if it appears that either each project schedule or each project budget will not be met; Scheduling and conducting monthly progress meetings at which CITY, Engineer, general contractor, trade contractor, utilities representatives, suppliers can jointly discuss such matters as procedures, progress, problems and scheduling. •S Recommending courses of action, and enforcing action selected by the CITY, if so directed by the CITY, if the general and/or trade contractors are not meeting the requirements of the plans, specifications, and Construction Contract; :• Development and implementation of a system for the preparation, review, and processing of change orders; Maintenance of a daily log of each project; Recording the progress of each project, and submission of written monthly progress reports to the CITY including information on the Contractors' work and the percentage of completion; Determination of substantial and final completion of work and preparation of a list of incomplete and unsatisfactory items, and a schedule of their completion; and ❖ Securing and transmitting to the CITY, required guarantees; affidavits; releases; key manuals; record drawings; and maintenance stocks; The Resident Project Representative shall also investigate and report on complaints and unusual occurrences that may affect the responsibility of the CONSULTANT or the CITY in connection with the work. The Resident Project Representative shall be a person acceptable to the CITY, and the CITY shall have the right to employ personnel to observe the work in progress, provided however that such personnel as employed by the CITY, and such personnel will be responsible directly to the CITY in the performance of work that would otherwise be assumed and performed by the CONSULTANT. The Resident Project Representative shall not have control over or charge of, or responsibility for the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, nor shall the Resident Project Representative be responsible for the Contractor's failure to perform the Work in accordance with the requirements of the Contract Documents. The Resident Project Representative shall not have control over or charge of, and shall not be responsible for, acts or omissions of the Contractor or of any other persons or entities performing portions of the Work. Although CONSULTANT shall not be responsible for health or safety programs or precautions related to CITY"s activities or those of CITY's other contractors and consultants or their respective subcontractors and Boynton Beach Utilities - General Consulting Services C-8 V.5 CLEAN FINAL Page 631 of 1018 vendors ("Contractors"), CONSULTANT shall nonetheless report to the Resident Project Representative health and safety conditions or deficiencies observed by CONSULTANT'S employees or representatives. CONSULTANT shall not be responsible for CITY's pre-existing site conditions or the aggravation of those preexisting site conditions to the extent not caused by the negligence or willful misconduct of CONSULTANT. CONSULTANT shall not be responsible for inspecting, observing, or correcting health or safety conditions or deficiencies of CITY, Contractors or others at project site ("Project Site") other than for CONSULTANT's employees, subconsultants and vendors. 1.3 ADDITIONAL SERVICES 1.3.1 When additional services are necessary they shall be specified in the written Task Order. Examples of additional (not exclusive) services are: Preparation of applications and supporting documents for private or governmental grants, loans or advances in connection with any particular project. :• Services to make measured drawings of or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information furnished by or to the CITY. ❖ Services resulting from significant changes in the general scope, extent or character of any particular project or its design including but not limited to, changes in size, complexity, the CITY'S schedule, character of construction or method of financing, and revising previously accepted studies, reports, design documents or Construction Contract Documents when such revisions are required by changes to laws, rules, regulations, ordinances, codes or orders enacted subsequent to the preparation of such studies, reports or documents, or are due to any other causes beyond the CONSULTANT'S control. Providing renderings or models for the CITY'S use. C• Preparing documents for alternate Proposals requested by the CITY for work that is not executed for documents for out -of -sequence work. Investigations and studies involving but not limited to, detailed considerations of operations, maintenance and overhead expenses; providing value engineering during the course of design; the preparation of feasibility studies; cash flow and economic evaluations, rate schedules and appraisals; assistance in obtaining financing for a project; evaluating processes available for licensing and assisting the CITY in obtaining process licensing; detailed quantity surveys of material, equipment and labor, and audits or inventories required in connection with construction performed by the CITY. Assistance in connection with Proposal/proposal protests, re -bidding or re -negotiating contracts for construction, materials, equipment or services, unless the need for such assistance is reasonably determined by the CITY to be caused by the CONSULTANT (e.g. defective plans and/or specifications which inhibit contractors from submitting proposals) in which event there shall be no additional cost for the provision of such services. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-9 Page 632 of 1018 S• Preparing to serve or serving as a CONSULTANT or witness for the CITY in any litigation, arbitration or other legal or administrative proceeding. :• Additional services in connection with a project not otherwise provided in this Agreement. Services in connection with a project not otherwise provided for in this Agreement. e� Services in connection with a field order or change order requested by the CITY. Providing artwork, models, or renderings as requested by the CITY. 1.3.2 When required by the Construction Contract documents in circumstances beyond the CONSULTANT'S control, and upon the CITY'S authorization, it will furnish the following additional services. ❖ Services in connection with work changes necessitated by unforeseen conditions encountered during construction. Services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of claims submitted by Contractor, except to the extent such claims are caused by the errors or omissions of the CONSULTANT. Additional or extended services during construction made necessary by 1) work damaged by fire or other cause during construction, 2) a significant amount of defective or negligent work of any contractor, 3) acceleration of the progress schedule involving services beyond normal working hours, or 4) default by any contractor; provided however, if a fire occurs as a direct result of errors or omissions in the design by the CONSULTANT or if the CONSULTANT fails to notify the Contractor of the deficient quality of their workmanship pursuant to CONSULTANT'S duties as described in the Contract Documents, the CONSULTANT'S additional services shall be deemed part of Basic Services and compensated as such. Services in connection with any partial utilization of any part of a project by the CITY prior to Substantial Completion. Services to evaluate the propriety of substitutions or design alternates proposed by the Contractor and involving methods of construction, materials, or major project components either during bidding and/or Negotiation services or Construction Contract award. The cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by the Contractor, unless such substitutions are due to a design error by the CONSULTANT in which case such services shall be deemed Basic Services. Except when caused by a design error by the CONSULTANT, the cost of such services shall be borne by the Contractor, and this requirement shall be included in the construction contract. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-10 Page 633 of 1018 1.4 CITY'S RESPONSIBILITIES 1.4.1 The CITY shall do the following in a timely manner so as not to delay the services of the CONSULTANT: 1.4.1.1 Designate in writing a person or persons to act as the CITY'S representative with respect to the services to be rendered under this Agreement. Such person(s) shall have complete authority to transmit instructions and receive information with respect to the CONSULTANT'S services for a particular project. The CITY may have multiple CITY Representative(s) or project managers during the performance of this AGREEMENT based on the specific task orders/written task orders from each of the Scope Categories. 1.4.1.2 Provide all criteria and full information as to the CITY'S requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations. 1.4.1.3 Assist the CONSULTANT by providing at the CONSULTANT'S request all available information pertinent to the Project including previous reports and any other data relative to design or construction of the project. 1.4.1.4 Furnish to the CONSULTANT, if required for the performance of CONSULTANT'S services (except where otherwise furnished by the CONSULTANT as Additional Services), the following: 1.4.1.5 Data prepared by, or services of others, including without limitations borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspection of samples, materials and equipment; 1.4.1.6 Appropriate professional interpretations of all of the foregoing; 1.4.1.7 Environmental assessment and impact statements; 1.4.1.8 Property, boundary, easement, right-of-way, topographic and utility surveys; 1.4.1.9 Property descriptions; 1.4.1.10 Zoning, deed and other land use restrictions; 1.4.1.11 Approval and permits required in the CITY'S jurisdiction and those from outside agencies unless such approvals and permits are the responsibility of the CONSULTANT; and 1.4.1.12 Arrange for access to make all provisions for the CONSULTANT to enter upon the CITY'S property as required for the CONSULTANT to perform services under this Agreement. 1.4.1.13 Consistent with the professional standard of care and unless otherwise specifically provided herein, CONSULTANT shall be entitled to rely upon the accuracy of data and information provided by the CITY or others without independent review or evaluation. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-11 Page 634 of 1018 1.5 SEQUENCE OF EVENTS 1.5.1 Following receipt of any task order/written task order, the CONSULTANT shall submit to the CITY, at least five (5) days prior to actual commencement of services, a schedule of services and expenses for approval by the CITY before any services commence. The CITY reserves the right to make changes to the sequence as necessary to facilitate the services or to minimize any conflict with operations. 1.5.2 Task orders will be issued to the CONSULTANT in the order in which the CITY wishes, and shall be performed and completed in the order they are issued, unless otherwise specifically permitted by the CITY. Minor adjustments to the timetable for completion approved by the CITY in advance, in writing, shall not constitute non-performance by CONSULTANT pursuant to this Agreement. 1.5.3 Proposals received by CONSULTANT as a result of task order/written task order that exceeds $25,000 in cost will require approval from CITY Commission before execution of services in accordance with the CITY'S Procurement Administrative Policy. 1.5.4 When the CITY issues task orders to the CONSULTANT, each authorization shall contain a stated completion schedule. If caused by the negligent errors or omissions of CONSULTANT,failure of the CONSULTANT to meet the stated schedule shall constitute a default for which payment for services may be withheld until default is cured. Time extensions will be reviewed upon request for extenuating circumstances. 1.5.5 It is anticipated and intended that the CONSULTANT will be authorized to begin new task orders on a "rolling" basis, as some already assigned task orders near timely completion. If a subsequent Task Order is issued to the CONSULTANT before it has completed the current task order, the completion date for each Task Order will remain independent of each other so that the CONSULTANT will prioritize the uncompleted Task Order from the first Task Order and finish as soon as practical. Failure to complete the "older' task orders in a timely manner, may adversely impact upon continued early authorization to start a subsequent work. 1.5.6 When the CONSULTANT has exceeded the stated completion date including any extension for extenuating circumstances which may have been granted, a written notice of Default will be issued within seven (7) days of the date that the default became active with a requirement of seven (7) days to cure said default, to the CONSULTANT and payment for services rendered shall be withheld until such time that the CITY has determined that default has been cured. 1.5.7 Should the CONSULTANT exceed the assigned completion time, the CITY reserves the right not to issue to the CONSULTANT any further task orders until such time as it is no longer in default, and the CONSULTANT has demonstrated to the CITY'S satisfaction, the reasons for tardy completion Boynton Beach Utilities - General Consulting Services C-12 V.5 CLEAN FINAL Page 635 of 1018 have been addressed and are not likely to be repeated in subsequent task orders. This restricted issuance provision may result in the CONSULTANT not being issued all of the planned work the CITY anticipated in this Agreement. The CONSULTANT shall have no right to the balance of any work, or to any compensation associated with these non -issued task orders due to the CONSULTANT being rendered in default. 1.5.8 Should the CONSULTANT remain in default for a period of fifteen (15) consecutive calendar days beyond the time frame provided in Paragraph 1.5.6 the CITY may at its sole option retain another CONSULTANT to perform any work arising out of this Agreement and/or terminate this Agreement. 1.6 DEFINITION OF DEFAULT 1.6.1. An event of default shall mean a material breach of this Agreement . Without limiting the generality of the foregoing and in addition to those instances referred to as a material breach, an event of default shall include the following: CONSULTANT has not performed services on a timely basis due to CONSULTANT'S negligent errors or omissions; CONSULTANT has refused or failed to supply enough properly skilled personnel; ❖ CONSULTANT has failed to make prompt payments to SUB - CONSULTANTS or suppliers for any services after receiving payment from the CITY for such services or supplies; ❖ CONSULTANT has failed to obtain the approval of the CITY where required by this Agreement; CONSULTANT has refused or failed to provide the services as defined in this Agreement; ❖ CONSULTANT has filed bankruptcy or any other such insolvency proceeding and the same is not discharged within ninety (90) days of such date. CITY has failed to make payments to CONSULTANT in accordance with the requirements of this Agreement 1.6.2 In the event of Default, the CONSULTANT shall be liable for all damages resulting from the Default including: The difference between the amount that has been paid to the CONSULTANT and the amount required to complete the CONSULTANT'S work, provided the fees by the firm replacing the CONSULTANT are reasonable and the hourly rates do not exceed the CONSULTANT'S rates. This amount shall also include procurement and administrative costs incurred by the CITY. In the event of default by the City, CONSULTANT may suspend the Work pending receipt of such payment. Boynton Beach Utilities - General Consulting Services C-13 V.5 CLEAN FINAL Page 636 of 1018 1.6.3. The CITY may take advantage of each and every remedy specifically existing at law or in equity. Each and every remedy shall be in addition to every other remedy given or otherwise existing, and may be exercised from time to time and as often and in such order as may be deemed expedient by the CITY. The exercise or the beginning of the exercise of one remedy shall not be deemed to be a waiver of the right to exercise any other remedy. The CITY'S rights and remedies as set forth in this Agreement are not exclusive and are in addition to any other rights and remedies available to the CITY in law or in equity. ARTICLE 2 - TERM 2.1 The initial Contract period shall be for an initial two (2) years, commencing at the execution of the contract, and the City reserves the right to unilaterally renew the contract for three (3) additional one (1) year periods under the same terms, conditions. The CONSULTANT understands and acknowledges that the Services to be performed during the two (2) year term will be governed by this Agreement, and that there is no guarantee of future work being given to the CONSULTANT. 2.2 In the event that services are scheduled to end either by contract expiration or by termination by the CITY (at the CITY'S discretion), the CONSULTANT shall continue the services, if requested by the CITY, or until task or tasks is/are completed. At no time shall this transitional period extend more than one -hundred and eighty (180) calendar days beyond the expiration date of the existing contract. The CONSULTANT will be reimbursed for this service at the rate in effect when this transitional period clause was invoked by the CITY. ARTICLE 3 - TIME OF PERFORMANCE 3.1 Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed task order and resultant task order. CONSULTANT shall perform all services and provide all work product required pursuant to this Contract and the specific task order by the Sequence of Events, or unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT 4.1 The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement as follows: Payment for the work provided by CONSULTANT shall be made in accordance with the Fee Schedule as provided in Exhibit "A" attached hereto. Payment as provided in this Section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Compensation for sub -CONSULTANTS will be negotiated based on each task order. Compensation will be through a direct mark-up in Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-14 Page 637 of 1018 accordance with the Schedule of Professional Fees attached hereto. Sub -consulting services shall be approved by the CITY'S representative prior to performance of the sub -consulting work. Consulting time for processing and management of the sub - CONSULTANT shall not be included in direct costs as the direct mark- up is applied for management efforts. ❖ The CONSULTANT may submit vouchers to the CITY once per month during the progress of the Work for partial payment for project completed to date. Such vouchers will be verified by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. In certain cases where incremental billing for partially completed Work is permitted by the CITY'S representative, the total incremental billings shall not exceed the percentage of estimated completion of identifiable deliverables or accepted deliverables as of the billing date. Computation of Time Charges/Not-to-Exceed Method of Payment: When a service is to be compensated based on time charge/not-to- exceed method, the CONSULTANT shall submit a not -to -exceed proposal to the CITY'S representative for prior approval based on estimated labor hours and hourly rates which shall not exceed the established hourly rates as per the Schedule of Professional Fees attached hereto, plus sub -CONSULTANT services and other related costs supporting the proposed work. The CITY shall not be obligated to reimburse the CONSULTANT for costs incurred in excess of the total not -to -exceed cost amount. ❖ Final payment of any balance due the CONSULTANT of the total contract price earned will be made promptly upon its ascertainment and verification by the CITY after the completion of the Work under this Agreement and its acceptance by the CITY, which shall occur no later than 30 days following receipt of the invoice. Final Invoice: In order for both parties herein to close their books and records, the CONSULTANT will clearly state "final invoice" on the CONSULTANT'S final/last billing to the CITY. The final invoice certifies that all services have been properly performed and all charges and costs have been invoiced to the CITY. Since this account will thereupon be closed, and any other further charges if not properly included on this invoice are considered waived by the CONSULTANT. The cost of all services as stated herein shall remain fixed and firm for the initial two (2) year period of the contract. Costs for subsequent years and any extension terms shall be subject to an adjustment only if increases incur in the industry. However, unless very unusual and significant changes have occurred in the industry, such increases shall not exceed 5% per year, or whichever is less, the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) (National) as published by the Bureau of Labor Statistics, U.S. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-15 Page 638 of 1018 Department Labor. The yearly increase, or decrease in the CPI shall be the latest index published and available ninety (90) days prior to the end of the contract year then in effect, compared to the index for the same month one (1) year prior. Any requested cost increase shall be fully documented and submitted to the CITY at least sixty (60) days prior to the contract anniversary date. Any approved cost adjustments shall become effective upon the anniversary date of the contract. In the event the CPI or industry costs decline, the CITY shall have the right to receive from the CONSULTANT, a reasonable reduction in costs that reflect such changes in the industry. The CITY may after examination, refuse to accept the adjusted costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In the event the CITY does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the CITY, the Contract may be cancelled by the CITY upon giving thirty (30) calendar days written notice to the CONSULTANT ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS 5.1 Upon completion of the project and final payment to CONSULTANT, all documents, drawings, specifications and other materials produced by the CONSULTANT in connection with the services rendered under this Contract the documents shall be the property of the CITY whether the Project for which they are made is executed or not. Notwithstanding the foregoing, the CONSULTANT shall maintain the rights to reuse standard details and other design features on other projects. The CONSULTANT shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with CONSULTANT'S endeavors. Any use of the documents for purposes other than as originally intended by this Contract, without the written consent of CONSULTANT, shall be at the CITY'S sole risk and without liability to CONSULTANT and CONSULTANT'S sub -CONSULTANTS. ARTICLE 6 - FUNDING 6.1 This Contract shall remain in full force and effect only as long as the expenditures provided in the Contract have been appropriated by the City Commission of Boynton Beach in the annual budget for each fiscal year of this Contract, and is subject to termination based on lack of funding. ARTICLE 7 - WARRANTIES AND REPRESENTATIONS 7.1 CONSULTANT represents and warrants to the CITY that it is competent to engage in the scope of services contemplated under this Contract and that it will retain and assign qualified professionals to all assigned projects during the term of this Contract. CONSULTANT'S services shall meet a standard of care for professional engineering and related services equal to the standard of care for engineering professional practicing under similar conditions. In submitting its response to the RFQ, CONSULTANT has represented to CITY that certain individuals employed by CONSULTANT shall provide services to CITY pursuant to this Contract. CITY Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-16 Page 639 of 1018 has relied upon such representations. Therefore, CONSULTANT shall not change the designated Project Manager for any project without the advance written approval of the CITY, which consent shall not be unreasonably withheld. ARTICLE 8 - COMPLIANCE WITH LAWS 8.1 CONSULTANT shall, in performing the services contemplated by this service Contract, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Contract, shall review and comply with laws, regulations, codes and standards in effect as of the date of this agreement that are applicable to CONSULTANT'S services and shall exercise professional care and judgment to comply with requirements imposed by governmental authorities having jurisdiction over the project. Should changes in any law, ordinance, or regulation result in increased costs or delays to services rendered, both parties agree to an equitable adjustment to schedules and prices. ARTICLE 9 - INDEMNIFICATION 9.1 Subject to the limiting provisions of Florida Statute 725.08, CONSULTANT shall indemnify, and hold harmless the CITY, its offices, agents and employees, from and against any and all losses, or any portion thereof, including reasonable attorneys' fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to CONSULTANT'S own employees, or damage to property to the extent caused by negligence, recklessness, or intentionally wrongful conduct of CONSULTANT or other persons employed or utilized by CONSULTANT in performance of CONSULTANT'S duties. Neither party to this Contract shall be liable for any special, incidental, indirect or consequential damages of any kind, including but not limited to lost profits or use that my result from this Contract or out of the services or goods furnished hereunder. 9.2 To the greatest extent permitted pursuant to Section 725.06, Florida Statutes, CONSULTANT's indemnification obligation (when providing services to CITY) shall not exceed the value of CONSULTANT's total compensation. Such obligation shall not be construed to negate, abridge or otherwise reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Article. PURSUANT TO FLORIDA STATUTE, NO INDIVIDUAL DESIGN PROFESSIONAL EMPLOYED BY OR ACTING AS AN AGENT OF CONSULTANT MAY BE HELD INDIVIDUALLY LIABLE FOR DAMAGES RESULTING FROM THE NEGLIGENCE OCCURRING WITHIN THE COURSE AND SCOPE OF THIS PROFESSIONAL SERVICES AGREEMENT Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-17 Page 640 of 1018 ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide certificates of insurance evidencing such coverages and limits, and shall be written by an insurance company authorized to do business in Florida. 10.1.1 Worker's Compensation Insurance: The CONSULTANT shall procure and maintain for the life of this Contract, Worker's Compensation Insurance covering all employees with limits meeting all applicable state and federal laws. CONSULTANT shall include the Worker's Compensation and Employer's Liability Insurance requirements in its subcontracts. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage must extend to any sub - CONSULTANT that does not have their own Worker's Compensation and Employer's Liability Insurance, unless not required by statute. The policy must contain a waiver of subrogation in favor of the CITY of Boynton Beach, executed by the insurance company. 10.1.2 Comprehensive General Liability: The CONSULTANT shall procure and maintain for the life of this Contract, Comprehensive General Liability Insurance. This coverage shall be on an "Occurrence' basis. Coverage shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of Article 9, "Indemnification" of this Contract. This policy shall provide coverage for death, personal injury or property damage that could arise directly or indirectly from CONSULTANT'S negligent performance of this Agreement. CONTRACTOR shall maintain a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury/ and $1,000.000 per occurrence/aggregate for property damage. The general liability insurance shall include the CITY as an additional insured and shall include a provision prohibiting cancellation of the policy upon thirty (30) days prior written notice to the CITY, except for cancellation due to non-payment of premium. 10.1.3 Business Automobile Liability: The CONSULTANT shall procure and maintain, for the life of this Contract, Business Automobile Liability Insurance. The CONSULTANT shall maintain a $1,000,000 combined single limit for bodily injury and property damage liability to protect the CONSULTANT from claims for damage for bodily and personal injury, including death, as well as from claims for property damage, which may arise from the ownership, use of maintenance of owned and non -owned automobile, included rented automobiles, whether such operations be by the CONSULTANT or by anyone directly or indirectly employed by the CONSULTANT. 10.1.4 Professional Liability (Errors and Omissions) Insurance: The CONSULTANT shall procure and maintain for the life of this Contract in the minimum amount of $1,000,000 per claim/aggregate. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-18 Page 641 of 1018 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub - CONSULTANTS comply with the same insurance requirements referenced above. 10.3 In the judgment of the CITY, prevailing conditions warrant the provision by the CONSULTANT of additional liability insurance coverage or coverage which is different in kind, the CITY reserves the right to require the provision by CONSULTANT of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the CONSULTANT fail or refuse to satisfy the requirement of changed coverage within the thirty (30) days following the CITY'S written notice, the CITY, at its sole option, may terminate the Contract upon written notice to the CONSULTANT, said termination taking effect on the date that the required change in policy coverage would otherwise take effect. 10.4 CONSULTANT shall, for a period of two (2) years following the termination of the Agreement, maintain a "tail coverage" in an amount equal to that described above if coverage is not otherwise renewed for Comprehensive Liability Insurance on a claims -made policy only. ARTICLE 11 -INDEPENDENT CONTRACTOR 11.1 The CONSULTANT and the CITY agree that the CONSULTANT is an independent CONSULTANT with respect to the services provided pursuant to this Contract. Nothing in this Contract shall be considered to create the relationship of employer and employee between the parties hereto. Neither CONSULTANT nor any employee of CONSULTANT shall be entitled to any benefits accorded CITY employees by virtue of the services provided under this Contract. The CITY shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to CONSULTANT, or any employee of CONSULTANT. 11.2 CONSULTANT acknowledges and understands that, as an independent CONSULTANT pursuant to this Agreement, CONSULTANT shall comply with Chapter 119, Florida Statutes, as amended (Public Records). CONSULTANT'S obligation includes, but is not limited to CONSULTANT'S obligation to preserve public records and make public records available to third parties in addition to the CITY. ARTICLE 12 - COVENANT AGAINST CONTINGENT FEES 12.1 The CONSULTANT warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the CONSULTANT, to solicit or secure this Contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, the CITY shall have the right to annul this Contract without liability or, in its discretion to deduct from the contract Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-19 Page 642 of 1018 price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. ARTICLE 13 — TRUTH -IN -NEGOTIATION CERTIFICATE 13.1 Execution of this Contract by the CONSULTANT shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract is accurate, complete, and current as of the date of the Contract. 13.2 The said rates and cost shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete, or non-current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The City shall exercise its rights under this "Certificate" within one (1) year following payment. ARTICLE 14 - SUBCONTRACTING 14.1 The CITY reserves the right to accept the use of a SUB -CONSULTANT or to reject the selection of a particular sub -CONSULTANT and to inspect all facilities of any SUB -CONSULTANTS in order to make a determination as to the capability of the SUB -CONSULTANT to perform properly under this contract. The CONSULTANT is encouraged to seek local vendors for participation in subcontracting opportunities. If the CONSULTANT uses any sub CONSULTANTS on this project the following provisions of this Article shall apply: 14.2 If a SUB -CONSULTANT fails to perform or make progress, as required by this Contract, and it is necessary to replace the SUB -CONSULTANT to complete the work in a timely fashion, the CONSULTANT shall promptly do so, subject to acceptance of the new SUB -CONSULTANT by the CITY. The substitution of a subcontractor shall not be adequate cause to excuse a delay in the performance any portion of this contract as set forth in the Scope of Work. 14.3 The CONSULTANT, its SUB -CONSULTANTS, agents, servants, or employees agree to be bound by the Terms and Conditions of this Contract and it's agreement with the SUB -CONSULTANT for work to be performed for the City the CONSULTANT must incorporate the terms of this contract. ARTICLE 15 -,DISCRIMINATION PROHIBITED 15.1 The CONSULTANT, with regard to the work performed by it under this Contract, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. ARTICLE 16 - ASSIGNMENT 16.1 The CONSULTANT shall not sublet or assign any of the services covered by this Contract without the express written consent of the CITY. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-20 Page 643 of 1018 ARTICLE 17 - NON -WAIVER 17.1 A waiver by either CITY or CONSULTANT of any breach of this Contract shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. ARTICLE 18 — TERMINATION 18.1 Termination for Convenience: This Contract may be terminated by the CITY for convenience, upon ten (10) days of written notice by the terminating party to the other party for such termination in which event the CONSULTANT shall be paid its compensation for services performed to termination date, including services reasonably related to termination. In the event that the CONSULTANT abandons the Contract or causes itto be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 18.2 Termination for Default: In addition to all other remedies available to the CITY, this Contract shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the material terms, provisions, conditions, or requirements herein contained, if such neglect or failure continue for a period of thirty (30) days after receipt by CONSULTANT of written notice of such neglect or failure. In the event of non-payment of other material breach of this Contract by CITY, the Contract is subject to cancellation by CONSULTANT should such condition continue for a period of thirty (30) days after receipt by CITY of written notice of breach. ARTICLE 19 — DISPUTES AND VENUE 19.1 Any dispute arising out of the terms or conditions of this Contract shall be adjudicated within the courts of Florida. Further, this Contract shall be construed under Florida Law. Claims, disputes or other matters in question between the parties to this Contract arising out of or relating to this Contract shall be in a court of law. The CITY does not consent to mediation or arbitration for any matter connected to this Contract. The parties agree that any action arising out of this Contract shall take place in Palm Beach County, Florida. ARTICLE 20 — UNCONTROLLABLE FORCES 20.1 Neither the CITY nor CONSULTANT shall be considered to be in default of this Contract if delays in or failure of performance shall be due to Uncontrollable Forces, the effect of which, by the exercise of reasonable diligence, the non- performing party could not avoid. The term "Uncontrollable Forces" shall mean any event which results in the prevention or delay of performance by a party of its obligations under this Contract and which is beyond the reasonable control of the non-performing party. It includes, but is not limited to fire, flood, earthquakes, storms, lightning, epidemic, war, riot, civil disturbance, sabotage, and Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-21 Page 644 of 1018 governmental actions. In such circumstances, parties agree to an equitable adjustment of schedules and prices. 20.2 Neither party shall, however, be excused from performance if non-performance is due to forces which are preventable, removable, or remediable, and which the non- performing party could have, with the exercise of reasonable diligence, prevented, removed, or remedied with reasonable dispatch. The non-performing party shall, within a reasonable time of being prevented or delayed from performance by an uncontrollable force, give written notice to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Contract. ARTICLE 21 — CITY -PROVIDED INFORMATION AND SERVICES 21.1 CITY shall furnish CONSULTANT available studies, reports and other data pertinent to CONSULTANT'S services; obtain or authorize CONSULTANT to obtain or provide additional reports and data as required; furnish to CONSULTANT services of others required for the performance of CONSULTANT'S services hereunder, and CONSULTANT shall be entitled to use and rely upon all such information and services provided by CITY or others in performing CONSULTANT'S services under this Agreement. ARTICLE 22 — ESTIMATES AND PROJECTIONS 22.1 In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for potential projects, CONSULTANT has no control over cost or price of labor and material; unknown or latent conditions of existing equipment or structures that may affect operation and maintenance costs; competitive bidding procedures and market conditions; time or quality of performance of third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate project cost or schedule. Therefore, CONSULTANT makes no warranty that CITY'S actual project costs, financial aspects, economic feasibility, or schedules will not vary from CONSULTANT'S opinions, analyses, projections, or estimates. ARTICLE 23 — THIRD PARTIES 23.1 The services to be performed by CONSULTANT are intended solely for the benefit of CITY. No person or entity not a signatory to this Agreement shall be entitled to rely on CONSULTANT'S performance of its services hereunder, and no right to assert a claim against CONSULTANT by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of CONSULTANT'S services hereunder. Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-22 Page 645 of 1018 ARTICLE 24 - NOTICES 24.1 All notices required in this Contract shall be sent to the CITY and shall be mailed to: Ci of Boynton Beach Co y to: _ Attn: Utilities Director City of Boynton Beach 124 E. Woolbri ht Road Attn: Procurement Services- Boynton ervicesBo nton Beach, FL 33435 P.O. Box 310 Boynton Beach, FL 33425 And Notices to CONSULTANT, shall be sent to the following address: Kimle -Horn and Associates, Inc. Attn: Marwan Mufleh _ 1920 Wekiva Way Suite 200 West Palm Beach, FL 33411 ARTICLE 25 -INTEGRATED AGREEMENT 25.1 This Contract, together with the RFQ/RFP and any addenda and/or attachments, represents the entire and integrated agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or agreements written or oral. This Contract may be amended only by written instrument signed by both CITY and CONSULTANT. 25.2 In the event of a conflict between a provision of this Agreement and a provision of an individual Task Order, the provision of the Task Order will control. ARTICLE 26 - SOVEREIGN IMMUNITY 26.1 CITY is a political subdivision of the State of Florida and enjoys sovereign immunity. Nothing in the Agreement is intended, nor shall be construed or interpreted, to waive or modify the immunities and limitations on liability provided for in Section 768.28, Florida Statute, as may be emended from time to time, or any successor statute thereof. To the contrary, all terms and provisions contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to any successor statute thereof. To the contrary, all terms and provision contained in the Contract, or any disagreement or dispute concerning it, shall be construed or resolved so as to insure CITY of the limitation from liability provided to the State's subdivisions by state law. 26.2 In connection with any litigation or other proceeding arising out of the Contract, the prevailing party shall be entitled to recover its own costs and attorney fees through and including any appeals and any post -judgment proceedings. CITY'S liability for costs and attorney's fees, however, shall not alter or waive CITY'S entitlement to Boynton Beach Utilities - General Consulting Services C-23 V.5 CLEAN FINAL Page 646 of 1018 sovereign immunity, or extend CITY'S liability beyond the limits established in Section 768.28, Florida Statutes, as amended. ARTICLE 27 — PUBLIC RECORDS 27.1 The City is public agency subject to Chapter 119, Florida Statutes. The CONSULTANT shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY'S custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY'S custodian of public records, in a format that is compatible with the information technology systems of the CITY. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: (CITY CLERK) P.O. BOX 310 BOYNTON BEACH, FLORIDA, 33425 561-742-6061. PYLEJ(a-)BBFL.US Boynton Beach Utilities - General Consulting Services C-24 V.5 CLEAN FINAL Page 647 of 1018 Article 28 - LIMITATION OF LIABILITY THE PARTIES HAVE EVALUATED THE RESPECTIVE RISKS AND REMEDIES UNDER THIS AGREEMENT AND AGREE TO ALLOCATE THE RISKS AND RESTRICT THE REMEDIES TO REFLECT THAT EVALUATION. CITY AGREES TO RESTRICT ITS REMEDIES UNDER THIS AGREEMENT AGAINST CONSULTANT, ITS PARENTS, AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS AND EMPLOYEES, ("CONSULTANT'S COVERED PARTIES"), SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONSULTANT'S COVERED PARTIES SHALL NOT EXCEED THE VALUE OF CONSULTANT'S SERVICES UNDER THE ASSIGNED TASK ORDER. THIS RESTRICTION OF REMEDIES SHALL APPLY TO ALL SUITS, CLAIMS, ACTIONS, LOSSES, COSTS (INCLUDING ATTORNEY FEES) AND DAMAGES OF ANY NATURE ARISING FROM OR RELATED TO THIS AGREEMENT WITHOUT REGARD TO THE LEGAL THEORY UNDER WHICH SUCH LIABILITY IS IMPOSED. CLAIMS MUST BE BROUGHT WITHIN ONE CALENDAR YEAR FROM PERFORMANCE OF THE SERVICES UNLESS A LONGER PERIOD IS REQUIRED BY LAW. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this 2�"�k day of 20l . CITY OF BOYNTON�BEA�CH City Manager Attest/Authenticated: Title City Cl t, Approve as to orm: Offic f the Attorney Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL SULTAIVV!P;.::......, t O Ttr ' "SEAL (Corporate Seal) Attest/Authenticated: AW Sp retary C-25 Page 648 of 1018 EXHIBIT "A" SCOPE D . FEE SCHEDULE FIRM: Klmley-Horn and Associates Inc DATE: July 3.2018 Personnel Classifications THourly Rate Principal $230.00 Project Manager $198.00 Senior Transportation Engineer $205.00 Senior Transportation Planner $17f.00 Senior Surveyor/Mapper (by subconsultant) Engineer $140.00 Urban Designer $140.00 Transportation Planner $140.00 Engineering Technician $119.00 Inspector (transportation) $120.00 GIS Specialist $136.00 CADD/Technician $102.00 Transportation Planning Technician $112.00 Clerical/Administrative $80.00 Chief Designer $159.00 Effective through June 30, 2019. Subject to annual adjustment. Reimbursable Expenses: Direct costs such as postage, prints, delivery service will be billed at cost. Boynton Beach Utilities - General Consulting Services C-26 V.5 CLEAN FINAL Page 649 of 1018 EXHIBIT `B" City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selee6on ofvendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (MOTE: 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 (anyone 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 $ 1,00000.00 Any Auto Other Than Auto Only $ 100,000.00 Garage Keepers Liability Each Accident $ L000.000.00 ------------------------------------------------------------------------------------------------------------------------- Aggregate $ 1,000,000.00 Excess Liability Each Occurrence to be determined Umbrella Form ------------------------------------------------------------------------------------------------------------------------ Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 100.000.00 Disease, Policy Limit $ 500,000.00 ----------------------------------------------------------------------------------------------------------------------------------- Disease Each Employee $ 100,000.00 Property Homeowners Revocable Permit $ 300,000.00 Builder's Risk ------------------------------------------------------------------------------------------------------------------------ Limits based on Project Cost Other - As Risk Identified to be determined Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-27 Page 650 of 1018 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS Date: Name of Firm: Office Location: 1. Service: (Check One) ❑ Planning/Study Activity, Report, Other ❑ Design/Engineering Services/Preliminary Bid Document ❑ Final Document/Bidding/Contractor Award ❑ Construction Phase/Completion 2. Name of Pro'ect: 3. Pro'ect Mana er: CONSTRUCTION CONTRACT DATA 5. a. Engineer's estimate: $ Final Cost: $ b. Substantial Construction Completion Date: c. Final Construction Completion Date: b. Overall Rating (Check One} ❑ Unsatisfactory ❑ Poor Fair ❑ Good Excellent 7. Recommended for Future Contracts? I ❑ Yes ❑ No ❑ Conditional if other than yes, provide detailed explanation on a separate sheet of a er. S. Name, title, and office of rating officer (e.g. Utilities Director): 9. Signature ofrating officer: Boynton Beach Utilities - General Consulting Services C-28 V.5 CLEAN FINAL Page 651 of 1018 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) DESIGN/ENGINEERING SERVICES AND PRELIMINARY BID DOCUMENT PREPARTION PHASE Rate numerically 1 to 5 with 5 heinn the hinhaat ac„ra nlie I. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 13 14 5 3. Design/re ults suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 -5— 6. ; Plan *Plans clear/detailed 1__f2 2 3 4 5 7. Plan/s ec accuracy1 1 2 3 4 5 *Preliminary administrative/limited staff review/evaluation of levels of clarity, accuracy, and coordination between disciplines. Name and title of rating officer (e.g. Utilities Director): Signature of rating officer: FINAL DOCUMENT PREPARATION, BID, & AWARD BY CONSULTANT Rate numerically 1 to 5 with 5 heinn tha hinhaat acr%ra nun 1. Secs afford competition 1 2 3 4 5 2. Secs complete/thorough 1 2 3 4 1 5 3. Accuracy of documents 1 2 3 14 1 5 4. Requirements within engineer's estimate 1 2 3 4 5 5. Coo erative attitude 1 2 3 4 5 6. Timeliness of submissions 1 2 3 4 5 7. Pre-bid conference participation 1 2 3 4 5 8. Response to in uiries 1 2 3 4 5 9. Bid evaluation quality/timeliness 1 2 3 4 5 10. Response to building& permittingagencies 1 2 3 4 5 11. Addendum preparation & permit applications 1 2 3 4 5 Name and title of ratin I officer (e.g. Utilities Director}: Signature of rating officer: Boynton Beach Utilities - General Consulting Services V.5 CLEAN FINAL C-29 Page 652 of 1018 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (CONTINUED) CONSTRUCTION PHASE COMPLETION Name and title of rating officer (e.g. Utilities Director : Signature of rating officer: Boynton Beach Utilities - General Consulting Services CSU V.5 CLEAN FINAL Page 653 of 1018 Rate numerically 1 to 5 with 5 being the hi hest score N/A 1. Drawings Reflect True Conditions 1 2 1 3 14 5 2. Plans/Specs Accurate/Coordinated 1 2 3 4 5 3. Design Constructability 1 2 3 4 5 4. Timeliness/Quality of Processing Submittals 1 2 3 4 5 5. Prod uct/Eq ui ment Selection Availability 1 2 3 4 5 6. Field Consultation and Investigations 1 2 3 4 5 7. Quality of Support Services 1 1 2 3 4 5 8. Overall Construction Contract Administration 1 2 3 4 5 9. Project Closeout Documentation Review 1 2 3 4 5 10. Validity of Claims for Extra Costs 1 2 3 4 5 11. Did Consultant provide sufficient copies of signed plans to allow for timely review and approval by all Permitting Agencies? 1 2 3 4 5 12. Did the Consultant actively participate in overcoming problems with the Contractor, Building Officials and/or Regulatory Agencies? 1 2 3 4 5 13. Change Order Processing (Accuracy, Timeliness, Documentation, etc. 1 2 3 4 5 14. Did the Consultant exercise adequate/effecting coordination and control of subconsultant(s) or associates work and paperwork? 1 2 3 4 5 15. Proactive Participation in Resolution of Dis ute s ? 11 2 3 4 5 Name and title of rating officer (e.g. Utilities Director : Signature of rating officer: Boynton Beach Utilities - General Consulting Services CSU V.5 CLEAN FINAL Page 653 of 1018 EXHIBIT "C" PERFORMANCE EVALUATION FORM CONSULTING ENGINEERS (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numericaliv 1 to 5 with 5 beina the highest scnro NIA 1. Thoroughinvestigation of situation or activity 1 2 1 3 4 5 2. Cooperative attitude 1 2 1 3 14 5 3. Timeliness of submissions 1 2 3 4 5 4. Accuracy of documents 1 2 3 4 5 5. Did the Consultant offer cost saving solutions? 1 2 3 4 5 6. Did the Consultant actively participate in problem solvin ? 1 2 3 4 5 7. 1 Overall results 1 2 3 4 5 Name and title of rating officer (e.g. Utilities Director): _Signature of rating officer: Boynton Beach Utilities - General Consulting Services C-31 V.5 CLEAN FINAL Page 654 of 1018 The City of Boynton Beach July 7.2O21 FinancelProcurement Services 200EOcean Avenue Boynton Beach, Fl334J5 PO.Box 320 Boynton Beach, Florida JJ42S-0310 Telephone No: (562)742-6320 SCOPE D (Transportation Services) BID No.: RFQU46-2D21-17U-P Agreement between the City of Boynton Beach and KIMLEY-HORN AND ASSOCIATES, INC. 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) hJK8LEY-HOR0AND ASSOCIATES, INC. NAME OF COMPANY NAME OFREPRESENTATIVE (please print) SIGNATURE 5r. vr,- C�-_ {P.0 3 7'� TITLE (5-'/) ��q0~0 a !; p (AREA CODE) TELEPHONE NUMBER / America's Gateway to the Gulf Stream Page 655Of1018 7.J. Requested Action by Commission: Award Bid No. CW22-0027, Sod and Sod Installation Services to four (4) contractors as primary and secondary suppliers. This is a Southeast Florida Governmental Purchasing Cooperative Bid for approximately fifty (50) municipalities and government entities, with the City of Boynton Beach acting as the Lead Agency. The initial term is for two (2) years with the option to renew for three (3) additional one (1) year terms. The estimate annual expenditure for the City of Boynton Beach is $150,000.00 city-wide. Explanation of Request: The Southeast Florida Governmental Purchasing Cooperative Group, comprised of approximately fifty (50) agencies, was created to utilize the buying power for commodities/services to promote cost savings for participating agencies. The City of Boynton Beach is lead agency for the Sod and Sod Installation Services Bid. The purpose of this solicitation was to establish firm pricing with multiple bidders, primary and secondary, by item and/or group, whichever is in the City's best interest, to furnish, deliver, and install various species of sod including but not limited to St. Augustine Floratam, CitraBlue, and Palmetto, Bahia Argentine and Pensacola, Bermuda TifWay 419, TifEagle, TifGreen, TifTut, Latitude, TifDwarf, and Celebration, Paspalum, Aoysia, and Centipede. Prices were requested for individual sod varieties for truckloads delivered, unloaded, and installed; and for quantities less than a truckload with pricing established on a square foot basis for materials, delivery, installation, and site preparation. The solicitation required that a bidder must submit prices for all items within each category to be considered for award of the category. In addition the City of Boynton Beach, fourteen (14) other municipalities/agencies participated in the Bid. On August 17, 2022, four (4) bidders submitted a proposal for consideration. After review and evaluation of the bids, four responsive and responsible bidders are recommended for award as indicated in the attached Recommendation for Award document. How will this affect city programs or services? All City departments may utilize these services to ensure that the aesthetics of areas affected by use, construction and climate are restored to the original condition. This action will also mitigate certain liabilities to the general public by addressing rough areas along pathways. Fiscal Impact: B udgeted The estimated annual city-wide expenditure of $150,000.00 has been included in the user departments budget. Alternatives: Participating municipalities, including the City, would be required to seek individual bids that would not benefit the volume buying opportunity. Page 656 of 1018 Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? No Grant Amount: Attachments: Type D Staff IRE)port Dfa lba ShE)E)tS D Bid D AddE)indUlirn D AddE)indUlirn Description for Aw.rds SchEdLAE) Of FlriCE)S Bid AddE)indUlirn Noa 1 AddE)indUlirn INoa 2 Page 657 of 1018 2022 SOD AND SOD INSTALLATION SERVICES AWARDED VENDORS M NORTH NORTH CENTRAL CENTRAL SOUTH SOUTH GROUPS 1-18 PRIMARY VENDOR SECONDARY VENDOR PRIMARY VENDOR SECONDARY VENDOR PRIMARY VENDOR SECONDARY VENDOR Mullings Mullings Mullings Group 1: St. Sunset Sod Engineering Sunset Sod Engineering Sunset Sod Engineering Augustine Inc. Services, Inc. Services, Inc. Services, "Floratam" Landscaping Landscaping Landscaping Division, Inc Division, Inc Division, Inc Mullings Mullings Mullings Group 2: St. Sunset Sod Engineering Sunset Sod Engineering Sunset Sod Engineering Augustine Inc. Services, Inc. Services, Inc. Services, "CitraBlue" Landscaping Landscaping Landscaping Division, Inc Division, Inc Division, Inc Mullings Mullings Mullings Group 3: St. Sunset Sod Engineering Sunset Sod Engineering Sunset Sod Engineering Augustine Inc. Services, Inc. Services, Inc. Services, "Palmetto" Landscaping Landscaping Landscaping Division, Inc Division, Inc Division, Inc Mullings Mullings Mullings Sunset Sod Engineering Sunset Sod Engineering Sunset Sod Engineering Group 4: Bahia Services, Services, Services, "Argentine" Inc. Landscaping Inc. Landscaping Inc. Landscaping Division, Inc Division, Inc Division, Inc Mullings Mullings Mullings Sunset Sod Engineering Sunset Sod Engineering Sunset Sod Engineering Group 5: Bahia Services, Services, Services, "Pensacola" Inc. Landscaping Inc. Landscaping Inc. Landscaping Division, Inc Division, Inc Division, Inc Mullings Mullings Mullings Group 6: Sunset Sod Engineering Sunset Sod Engineering Sunset Sod Engineering Bermuda Services, Services, Services, "TifWay 419 - Inc. Landscaping Inc. Landscaping Inc. Landscaping Certified" Division, Inc Division, Inc Division, Inc Mullings Mullings Mullings Group 7: Sunset Sod Engineering Sunset Sod Engineering Sunset Sod Engineering Bermuda Services Services Services "TifWay 419 - Inc. Landscaping Inc. Landscaping Inc. Landscaping Uncertified" Division, Inc Division, Inc Division, Inc Mullings Mullings Mullings Group 8: Sunset Sod Engineering Sunset Sod Engineering Sunset Sod Engineering Bermuda Services, Services, Services, "TifEagle - Inc. Landscaping Inc. Landscaping Inc. Landscaping Certified" Division, Inc Division, Inc Division, Inc Page 658 of 10 M Page 659 of 1018 NORTH NORTH CENTRAL CENTRAL SOUTH SOUTH GROUPS 1-18 PRIMARY VENDOR SECONDARY VENDOR PRIMARY VENDOR SECONDARY VENDOR PRIMARY VENDOR SECONDARY VENDOR Group 9: Sunset Sod Sunset Sod Sunset Sod a BermBermuda e 328 - Inc. None Inc. None Inc. None Certified" Mullings Mullings Mullings Group 10: Sunset Sod Engineering Sunset Sod Engineering Sunset Sod Engineering Services, Services, Services, Bermuda Inc. Inc. Inc. "Celebration" Landscaping Landscaping Landscaping Division, Inc Division, Inc Division, Inc Mullings Mullings Mullings Engineering Engineering Engineering Group 11: Sunset Sod Sunset Sod Sunset Sod Services, Services, Services, Bermuda Inc. Inc. Inc. "TifTut" Landscaping Landscaping Landscaping Division, Inc Division, Inc Division, Inc Mullings Mullings Mullings Engineering Engineering Engineering Group 12: Sunset Sod Sunset Sod Sunset Sod Services, Services, Services, Bermuda Inc. Inc. Inc. "Latitude 36" Landscaping Landscaping Landscaping Division, Inc Division, Inc Division, Inc Group 13: Sunset Sod Sunset Sod Sunset Sod Bermuda Inc. None Inc. None Inc. None "TifDwarf" Group 14: Sunset Sod Sunset Sod Sunset Sod Paspalum Inc. None Inc. None Inc. None "SeaDwarf" Group 15: Mullings Mullings Mullings Paspalum Engineering Engineering Engineering Sunset Sod Sunset Sod Sunset Sod "Sealsle Services, Services, Services, Supreme" Inc. Landscaping Inc. Landscaping Inc. Landscaping Division, Inc Division, Inc Division, Inc Group 16: Mullings Mullings Mullings Zoysia Engineering Engineering Engineering "Empire" Sunset Sod Services, Sunset Sod Services, Sunset Sod Services, Inc. Landscaping Inc. Landscaping Inc. Landscaping Division, Inc Division, Inc Division, Inc Group 17: Sunset Sod Sunset Sod Sunset Sod Centipede "Hammock" Inc. None Inc. None Inc. None Group 18: Wildflower Sod NO AWARD NO AWARD NO AWARD NO AWARD NO AWARD NO AWARD Page 659 of 1018 GROUPS 1 -18: NORTH PRIMARY NORTH SECONDARY CENTRAL PRIMARY CENTRAL SECONDARY SOUTH PRIMARY SOUTH SECONDARY Truckload Pricin VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR MULLINGS Group 1: St. MULLINGS Salgado Tree Odums Sod, ODUMS SOD, ENGINEERING ODUMS SOD, Augustine ENGINEERING Trimming LLC Inc. INC. SERVICES, INC. Floratam SERVICES, INC. INC.. ODUMS SOD, INC. / Group 2: St. Salgado Tree Odums Sod, Salgado Tree Odums Sod, MULLINGS Salgado Tree Augustine Trimming LLC Inc. Trimming LLC Inc. ENGINEERING Trimming LLC "CitraBlue" SERVICES, INC.. ODUMS SOD, MULLINGS INC. / Group 3: St. Salgado Tree Odums Sod, Odums Sod, ENGINEERING MULLINGS Salgado Tree Augustine Trimming LLC Inc. Inc. SERVICES, ENGINEERING Trimming LLC "alme P "Palmetto" INC.. SERVICES, INC.. MULLINGS MULLINGS MULLINGS Group 4: Bahia ENGINEERING Odums Sod, ENGINEERING Odums Sod, ENGINEERING Odums Sod, "Argentine" SERVICES, Inc. SERVICES, Inc. SERVICES, Inc. INC.. INC.. INC.. MULLINGS MULLINGS MULLINGS Sunset Sod Sunset Sod Sunset Sod Group 5: Bahia ENGINEERING ENGINEERING ENGINEERING "Pensacola" SERVICES, Inc. SERVICES, Inc. SERVICES, Inc. INC.. INC.. INC.. Group 6: MULLINGS MULLINGS MULLINGS Sunset Sod Sunset Sod Sunset Sod Bermuda ENGINEERING ENGINEERING ENGINEERING "TifWay 419 - SERVICES, Inc. SERVICES, Inc. SERVICES, Inc. Certified" INC.. INC.. INC.. Group 7: MULLINGS MULLINGS MULLINGS Sunset Sod Sunset Sod Sunset Sod Bermuda ENGINEERING ENGINEERING ENGINEERING "TifWay 419 - SERVICES, Inc. SERVICES, Inc. SERVICES, Inc. Uncertified" INC.. INC.. INC.. Group 8: MULLINGS MULLINGS MULLINGS Bermuda Salgado Tree ENGINEERING Salgado Tree ENGINEERING Salgado Tree ENGINEERING "TifEagle - Trimming LLC SERVICES, Trimming LLC SERVICES, Trimming LLC SERVICES, Certified" INC.. INC.. INC.. Group 9: Sunset Sod Sunset Sod Sunset Sod a BermBermuda e 328 - Inc. None Inc. None Inc. None Certified" MULLINGS MULLINGS MULLINGS Group ENGINEERING Odums Sod, ENGINEERING Odums Sod, ENGINEERING Odums Sod, Bermudaa "Celebration" SERVICES, Inc. SERVICES, Inc. SERVICES, Inc. INC.. INC.. INC.. MULLINGS MULLINGS MULLINGS Group 11: ENGINEERING ENGINEERING Odums Sod, ENGINEERING Odums Sod, Odums Sod, Bermuda SERVICES, "TifTut" SERVICES, Inc. SERVICES, Inc. INC.. Inc. INC.. INC.. =- ,- 6i J� 1- [i GROUPS 1 -18: NORTH PRIMARY NORTH SECONDARY CENTRAL PRIMARY CENTRAL SECONDARY SOUTH PRIMARY SOUTH SECONDARY Truckload Pricin VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR MULLINGS MULLINGS MULLINGS Group 12: Sunset Sod Sunset Sod Sunset Sod ENGINEERING ENGINEERING ENGINEERING Bermuda Inc. Inc. Inc. SERVICES, SERVICES, SERVICES, "Latitude 36" INC.. INC.. INC.. Group 13: Sunset Sod Sunset Sod Sunset Sod Bermuda "TifDwarf" Inc. None Inc. None Inc. None Group 14: Sunset Sod Sunset Sod Sunset Sod Paspalum "SeaDwarf„ Inc. None Inc. None Inc. None Group 15: Salgado Tree Salgado Tree Paspalum Trimming LLC Trimming LLC MULLINGS Sunset Sod Sunset Sod "Sealsle / MULLINGS / MULLINGS ENGINEERING Salgado Tree Supreme" ENGINEERING Inc. ENGINEERING Inc. SERVICES, Trimming LLC SERVICES, SERVICES, INC.. INC.. INC.. Group 16: MULLINGS MULLINGS MULLINGS Zoysia ENGINEERING Odums Sod, ENGINEERING Odums Sod, ENGINEERING Odums Sod, "Empire" SERVICES, Inc. SERVICES, Inc. SERVICES, Inc. INC.. INC.. INC.. Group 17: Sunset Sod Sunset Sod Sunset Sod Centipede "Hammock" Inc. None Inc. None Inc. None Group 18: Wildflower NO AWARD NO AWARD NO AWARD NO AWARD NO AWARD NO AWARD Sod Page 661 of 1018 CW22-0027 - Sod and Sod Installation Services - C000erative - Schedule of Prices Pane BB? of 1 n1 A Odums Sod, Inc. Salgado tree trimming LLC Mullings Engineering Semic4 Sunset Sodlnc. Submission 1 Submission 1 Submission 1 Submission 1 Schedule/Specifications Total Total Total Total Group 1: St. Augustine "Floratam" - North $151.48 $228.15 $145.06 $2.27. Group 1: St. Augustine "Floratam" - North (Truck Load) $4,770.53 $4,7.st},7., $5,310.59 $7,500.75 Group 1: St. Augustine "Floratam" - Central $151.50 $253.45 $145.06 $2.7..s Group 1: St. Augustine "Floratam"- Central (Truck Load) °$.4,8w.54 $5,448.85 $5,310.59 $7,400.74 Group 1: St. Augustine "Floratam" - South $151.52 $279.10 $145.06 $2.J3 Group 1: St. Augustine "Floratam"- South (Truck Load) °$.4,950.55 $6,115.65 $5,310.59 $7,400.74 Group 2: St. Augustine "Citta Blue" - North $151.68 $228.30 $145.06 $2.37 Group 2: St. Augustine "Citta Blue" - North (Truck Load) $5,220.58 $4,7.sri.s ] $5,400.60 $7,600.76 Group 2: St. Augustine "Citta Blue" - Central $151.71 $253.45 $145.06 $2.2"b Group 2: St. Augustine "Citra Blue"- Central (Truck Load) $5,310.59 $.s,7%.as $5,400.60 $7,500.75 Group 2: St. Augustine "Citta Blue" - South $151.73 $279.10 $145.06 $2.27 Group 2: St. Augustine "Citra Blue"- South (Truck Load) $5,400M $6,026.00 $.fs,l k).60 $7,500.75 Group 3: St. Augustine "Palmetto" - North $151.63 $228.15 $145.06 $2.27. Group 3: St. Augustine "Palmetto" - North (Truck Load) $5,220.58 $4,7.st},7., $5,400.60 $7,500.75 Group 3: St. Augustine "Palmetto" - Central $151.65 $253.45 $145.06 $2.7..s Group 3: St. Augustine "Palmetto"- Central (Truck Load) $5,310.59 $5,448.85 $5,400.60 $7,400.74 Group 3: St. Augustine "Palmetto" - South $151.67 $279.00 $145.06 $2.J3 Group 3: St. Augustine "Palmetto"- South (Truck Load) $5,400M $6,026.00 $.fs'loo,60 $7,400.74 Group 4: Bahia "Argentine" - North $151.29 $227.85 $144.42 $..60 Group 4: Bahia "Argentine" - North (Truck Load) $3,384.47 $4,145.65 $2,1w.30 $4,752.66 Group 4: Bahia "Argentine" - Central $151.31 $252.97 $144.42 $...53 Group 4: Bahia "Argentine" - Central (Truck Load) $3,456.48 $4,800.69 $2,1w.30 $4,680.65 Group 4: Bahia "Argentine" - South $151.33 $278.27 $144.42 $...w Group 4: Bahia "Argentine"- South (Truck Load) $3,528.49 $7,149.79 $2,1w.30 $4,608.64 Group 5: Bahia "Pensacola" - North Opted out oftable Opted out oftable $144.45 $..60 Group 5: Bahia "Pensacola" - North (Truck Load) Opted out oftable Opted out oftable $2,232.31 $4,752.66 Group 5: Bahia "Pensacola" - Central Opted out oftable Opted out oftable $144.45 $...53 Group 5: Bahia "Pensacola" - Central (Truck Load) Opted out oftable Opted out oftable $2.,232.31 $4,680.65 Group 5: Bahia "Pensacola" -South Opted out oftable Opted out oftable $144.45 $...w Group 5: Bahia "Pensacola" - South (Truck Load) Opted out oftable Opted out oftable $2.,232.31 $4,608.64 Group 6: Bermuda "TitWay 419 - Certified" - North Opted out oftable $229.00 $145.41 $2.46 Group 6: Bermuda "TitWay 419 - Certified" - North (Truck Load) Opted out oftable $8,101.00 °$.4,8w.w $5,904.82 Group 6: Bermuda"TitWay 419 -Certified" -Central Opted out oftable $254.13 $145.41 $2.13 Group 6: Bermuda"TitWay 419 -Certified"- Central (Truck Load) Opted out oftable $8,182.01 °$.4,8w.w $5,832.81 Group 6: Bermuda"TitWay 419 -Certified" -South Opted out oftable $279.50 $145.41 $2.33 Group 6: Bermuda"TitWay 419 -Certified"- South (Truck Load) Opted out oftable $8,911.10 °$.4,8w.w $5,760.80 Group 7: Bermuda "TitWay 419 - Uncertified" - North Opted out oftable $229.00 $145.41 $2.46 Group 7: Bermuda "TitWay 419 - Uncertified" - North (Truck Load) Opted out oftable $8,101.00 °$.4,8w.w $5,904.82 Group 7: Bermuda"TitWay 419 -Uncertified" -Central Opted out oftable $254.13 $145.41 $2.13 Group 7: Bermuda"TitWay 419 -Uncertified"- Central (Truck Load) Opted out oftable $8,182.01 °$.4,8w.w $5,832.81 Group 7: Bermuda"TitWay 419 -Uncertified" -South Opted out oftable $279.50 $145.41 $2.33 Group 7: Bermuda "TitWay 419 - Uncertified" - South (Truck Load) Opted out oftable $8,911.10 °$.4,8w.w $5,760.80 Group 8: Bermuda "TifEagle - Certified" - North Opted out oftable $230.95 $158.21 $7.2.72 Group 8: Bermuda "TifEagle - Certified" - North (Truck Load) Opted out oftable $. 2,.ssS s s $36,005.00 $46,580.75 Group B: Bermuda"TifEagle- Certified" - Central Opted out oftable $256.15 $158.21 $.2.67 Group B: Bermuda"TifEagle- Certified" - Central (Truck Load) Opted out oftable $7.3,366.6:5 $36,005.00 $44,555.50 Pane BB? of 1 n1 A Group B: Bermuda "TifEaBle - Certified" - South Opted out oftable $281.67 $158.21 $.2.67 Group B: Bermuda"TifEaBle- Certified" - South (Truck Load) Opted out oftable $. 1, Loo. 7"b $36,005.00 $44,555.50 Group 9: Bermuda"TrGreen 328 -Certified" -North Opted out oftable Opted out oftable Opted out oftable $.3.17 Group 9: Bermuda"TrGreen 328 -Certified"- North (Truck Load) Opted out oftable Opted out oftable Opted out oftable $36,1.51..50 Group 9: Bermuda"TrGreen 328 -Certified" -Central Opted out oftable Opted out oftable Opted out oftable $.3.17 Group 9: Bermuda"TrGreen 328 -Certified"- Central (Truck Load) Opted out oftable Opted out oftable Opted out oftable $36,1.51..50 Group 9: Bermuda"TrGreeu 328 -Certified" -South Opted out oftable Opted out oftable Opted out oftable $.3.17 Group 9: Bermuda"TrGreen 328 -Certified"- South (Truck Load) Opted out oftable Opted out oftable Opted out oftable $36,1.51..50 Group 10: Bermuda "Celebration" - North $153.12 $229.30 $147.19 $1.8 Group 10: Bermuda "Celebration" - North (Truck Load) $5,400.60 $8,101.00 °$.4,455.55 $5,832.81 Group 10: Bermuda "Celebration" - Central $153.16 $254.30 $147.19 $1.71 Group 10: Bermuda "Celebration" -Central (Truck Load) $5,490.61 $8,506.00 °$.4,455.55 $5,760.80 Group 10: Bermuda "Celebration" - South $153.20 $279.70 $147.19 $I.VG Group 10: Bermuda "Celebration" - South (Truck Load) $5,580.62 $8,911.10 °$.4,455.55 $5,688.79 Group 11: Bermuda "Tiff ut" - North $151.65 $229.60 $145.45 $2..sa Group 11: Bermuda "TifTut" - North (Truck Load) $5,310.59 $8,911.10 °f4„sw.w $6,120.85 Group 11: Bermuda "TifTut" - Central $151.67 $254.60 $145.45 $2..s4 Group 11: Bermuda "TifTut" - Central (Truck Load) $5,400.60 $8,911.10 °f4„sw.w $6,048.84 Group 11: Bermuda"TifTut" - South $151.69 $279.85 $145.45 $2..so Group 11: Bermuda "TifTut" - South (Truck Load) $5,490.61 $9,316.15 °f4„sw.w $6,048.84 Group 12: Bermuda "Latitude 36" - North Opted out oftable Opted out oftable $147.70 $2.18 Group 12: Bermuda "Latitude 36" - North (Truck Load) Opted out oftable Opted out oftable $9,721.20 $6,336.88 Group 12: Bermuda "Latitude 36" - Central Opted out oftable Opted out oftable $147.70 $2.1.s Group 12: Bermuda "Latitude 36" - Central (Truck Load) Opted out oftable Opted out oftable $9,721.20 $6,336.88 Group 12: Bermuda "Latitude 36" - South Opted out oftable Opted out oftable $147.70 $2.12 Group 12: Bermuda "Latitude 36" - South (Truck Load) Opted out oftable Opted out oftable $9,721.20 $5,264.87 Group 13: Bermuda "TifDwarf" - North Opted out oftable Opted out oftable Opted out oftable $.3.12 Group 13: Bermuda "TifDwarf" - North (Truck Load) Opted out oftable Opted out oftable Opted out oftable $16,.�rw 7s Group 13: Bermuda "TifDwarf" - Central Opted out oftable Opted out oftable Opted out oftable $.3.37 Group 13: Bermuda "TifDwarf" - Central (Truck Load) Opted out oftable Opted out oftable Opted out oftable $11,.sss Lo Group 13: Bermuda"TifDwarf" - South Opted out oftable Opted out oftable Opted out oftable $.3.37 Group 13: Bermuda "TifDwarf" - South (Truck Load) Opted out oftable Opted out oftable Opted out oftable $11,.sss Lo Group 14: Paspalum "SeaDwarf" - North Opted out oftable Opted out oftable Opted out oftable $"r.29 Group 14: Paspalum "SeaDwarf" - North (Truck Load) Opted out oftable Opted out oftable Opted out oftable $2"r,163.,0 Group 14: Paspalum "SeaDwarf" - Central Opted out oftable Opted out oftable Opted out oftable $"r.7 q Group 14: Paspalum "SeaDwarf" - Central (Truck Load) Opted out oftable Opted out oftable Opted out oftable $28, 7.sa ass Group 14: Paspalum "SeaDwarf" - South Opted out oftable Opted out oftable Opted out oftable $"r.7.1 Group 14: Paspalum "SeaDwarf" - South (Truck Load) Opted out oftable Opted out oftable Opted out oftable $28,353.50 Group 15: Paspalum "Sealsle Supreme" - North Opted out oftable $231.65 $148.96 $"b.29 Group 15:Paspalum "Sealsle Supreme" - North (Truck Load) Opted out oftable $7.1,776.7.s $. 1, 776.7.s $29,163.60 Group 1S: Paspalum "Sealsle Supreme" - Central Opted out oftable $256.65 $148.96 $"b.7q Group 1S: Paspalum "Sealsle Supreme"- Central (Truck Load) Opted out oftable $7.1,776.7.s $. 1, 776.7.s $28,758.55 Group 15: Paspalum "Sealsle Supreme" - South Opted out oftable $282.05 $148.96 $"b.7.1 Group 1S: Paspalum "Sealsle Supreme"- South (Truck Load) Opted out oftable $7.1,w.as $14V,17S,75 $28,353.50 Group 16: Zoysia "Empire" - North $152.08 $229.45 $145.45 $3.00 Group 16: Zoysia "Empire" - North (Truck Load) $6,390.71 $8,506.05 °f4,sw.w $9,001.25 Group 16: Zoysia "Empire" - Central $152.11 $254.60 $145.45 $2.% Group 16: Zoysia "Empire" -Central (Truck Load) $6,480.72 $8,911.10 °f4,sw.w $8,785.22 Group 16: Zoysia "Empire" - South $152.14 $279.85 $145.45 $2.w Group 16: Zoysia "Empire" - South (Truck Load) $6,570.73 $9,316.15 °f4,sw.w $8,641.20 Group 17: Centipede "Hammock" - North Opted out oftable Opted out oftable Opted out oftable $&% Pane flflA of 1 Elf A Group 17: Centipede "Hammock" - North (Truck Load) Opted out oftable Opted out oftable Opted out oftable $27,603.00 Group 17: Centipede "Hammock" - Central Opted out oftable Opted out oftable Opted out oftable p.qI Group 17: Centipede "Hammock" - Central (Truck Load) Opted out oftable Opted out oftable Opted out oftable $27.,603.00 Group 17: Centipede "Hammock" - South Opted out oftable Opted out oftable Opted out oftable $a.w Group 17: Centipede "Hammock" - South (Truck Load) Opted out oftable Opted out oftable Opted out oftable $27.,603.00 Group 18: Wildflower Sod - North Opted out oftable Opted out oftable Opted out oftable Opted out oftable Group 18: Wildflower Sod - North (Truck Load) Opted out oftable Opted out oftable Opted out oftable Opted out oftable Group 18: Wildflower Sod - Central Opted out oftable Opted out oftable Opted out oftable Opted out oftable Group 18: Wildflower Sod- Central (Truck Load) Opted out oftable Opted out oftable Opted out oftable Opted out oftable Group 18: Wildflower Sod - South Opted out oftable Opted out oftable Opted out oftable Opted out oftable Group 18: Wildflower Sod- South (Truck Load) Opted out oftable Opted out oftable Opted out oftable Opted out oftable Primary - $0.00 Secondary -$0.00 Pane 664 of 1 ni A �i1- IVITAT�I INSTALLATION SF/I,��,E�R �(U�'IST FLOF1 GOVERIN�` Al FIRCHASING %„OOPERAIVE GRO[J BID,,,N0 . 2-027 OF BOYNTON BEACH 10I OCEAN AVENUE , BOYNTON BEACH, FL 33435 x ONS. INF SUBMISSION e - i —oil BID CLOWNQ AT WED//NE's 17, 2.022 THE DEADLINE FOR QUESTIONS CONCERNING THIS BID IS: JULY 29, 2022 (D- 2:00 P.M. Page 665 of 1018 SOI --EA S I D `,'H] A GOVE[",'NMEN I A F1 I [",'Dd A SHNG E00FIEk,A I V[ TO OUR PROSPECTIVE CONTRACTORS: The attached Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty-five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoiclances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in this particular procurement and their respective delivery locatiots are listed it; the attached docurnewit. Southeast Florida Governmental Purchasing Cooperative Procurement Querat onal Procedures: • All questions concerning this procurement should be addressed to the issuing agency, hereinafter referred to as the "Lead Agency". All responses are to be returned in accordance with the instructions contained in the attached document. Any difficulty with participating agencies referenced in this award must be brought to the attention of the Lead Agency. • Each participating governmental entity will use the Lead Agency's contract and terms as executed, for its purchase orders. Furthermore, each participating governmental entity will issue its own purchase orders for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates as required by the Contractor. • Awarded Contractor agrees that the contract/purchase order terms of each entity will prevail for the individual participating entity should there be any conflicts between the Lead Agency's resulting contract and participating governmental entities contract/purchase order terms. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The Awarded Contractor(s) shall be responsible for advising the Lead Agency of those participants who fail to place orders as a result of this award during the contract period. • The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), Contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities, which are not members of the Southeast Florida Governmental Purchasing Cooperative, are strictly prohibited from utilizing _ancontract or purchase order resulting from this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved by the Lead Agency. New Southeast Florida Governmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the Lead Agency. • None of the participating governmental entities shall be deemed or construed to be a party to any contract executed by and between any other governmental entity and the Contractor(s) as a result of this procurement action. t' " ANio u INVITATION TO BID SOD AND SOD INSTALLATION SERVICES BID No. CW22-027 TABLE OF CONTENTS BIDDING REQUIREMENTS: Noticeto Contractors........................................................................................................................ 1 —2 Instructionto Bidders......................................................................................................................... 3-4 Scope of Work / Specifications.......................................................................................................... 5-9 General Conditions for Bidders.......................................................................................................... 10-17 Special Terms and Conditions........................................................................................................... 18-23 Sod Specifications / Descriptions....................................................................................................... 24-29 Estimated Annual Quantities by Zone................................................................................................ 30-32 Bidders Submission Requirements....................................................................................................33 APPENDIX "A": Submittal of General Information, Procurement Forms and Documents To be Completed and Uploaded Online BidForm............................................................................................................................................. 35-36 Bidder's Qualifications Statement...................................................................................................... 37-40 Anti -Kickback Affidavit........................................................................................................................ 41 Non -Collusion Affidavit....................................................................................................................... 42 Certification Pursuant to Florida STATUTE § 287.135...................................................................... 43-44 E -Verify Form..................................................................................................................................... 45-46 BidProposal....................................................................................................................................... 44-56 DRAFT CONTRACT: Draft Contract Agreement (Subject to modification and final by City Attorney) ................................. 57-62 Insurance Advisory Form................................................................................................................... 63 EXHIBIT"A": ..................................................................................................................................... 64 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. INVITATION TO BID SOD AND SOD INSTALLATION SERVICES BID No. CW22-027 NOTICE TO CONTRACTORS Electronic bids shall be received by the bidding system up until August 17, 2022; No Later Than 2:30 P.M. (Local Time). All BID's received will be publicly opened and acknowledged of receipt by the City's e -procurement bidding system electronically. Bid's received after the assigned date and time are not permitted by the bidding system. For the above reasons, it is recommended that the bidders allow sufficient time to complete your online Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. ATTENTION, ALL INTERESTED RESPONDENTS: To obtain documents online please visit Boynton-beach.bidsandtenders. net. Documents are not provided in any other manner. SCOPE OF BID: The City of Boynton Beach is seeking bids from qualified Contractors for sod and sod installation services at various locations within Palm Beach, Broward and Miami Dade Counties. Requested sod to include St. Augustine "Floratam", St. Augustine "Citrablue", St. Augustine "Palmetto", Bahia - Argentine, Bahia - Pensacola, Bermuda Tifway 419 - Certified, Bermuda Tifway 419 - Uncertified, " Bermuda TifEagle - Cerfitifed, Bermuda Tifgreen 328 - Certified, Bermuda Celebration, Bermuda TifTuf, Bermuda Latitude 360, Bermuda TifDwarf, Paspalum SeaDwarf, "Certified" Sealsle Supreme, Zoysia Ultimate Flora, Centipede Hammock, and Wildflower Sod NO BID CONFERENCE or SITE INSPECTION is scheduled. At the time of the opening of bids, each bidder shall be presumed to have read and to be thoroughly familiar with the Contract Documents (including all addenda). Failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation with respect to this bid. LOBBYING / CONE OF SILENCE: Consistent with the requirements of Chapter 2, Article VIII, Lobbyist Registration, of the Palm Beach County Code of Ordinances, Boynton Beach imposes a Cone of Silence. A cone of silence shall be imposed upon each competitive solicitation as of the deadline to submit the proposal, bid, or other response and shall remain in effect until City Commission awards or approves a contract rejects all bids or responses or otherwise takes action that ends the solicitation process. While the cone of silence is in effect, no proposer or its agent shall directly or indirectly communicate with any member of City Commission or their staff, the Manager, any CW22-027 Sod and Sod Installation Services 1 employee of Boynton Beach authorized to act on behalf of Boynton Beach in relation to the award of a particular contract or member of the Selection Committee in reference to the solicitation, with the exception of the Purchasing Manager or designee. (Section 2-355 of the Palm Beach County Code of Ordinances.) Failure to abide by this provision may serve as grounds for disqualification for an award of contract to the proposer. Further, any contract entered into in violation of the cone of silence shall render the transaction voidable. The cone of silence shall not apply to oral communications at any public proceeding, including pre-bid conferences, oral presentations before Selection Committees, contract negotiations during any public meeting, presentations made to the City Commission, and protest hearings. Further, the cone of silence shall not apply to contract negotiations between any employee and the intended awardee, any dispute resolution process following the filing of a protest between the person filing the protest and any employee, or any written correspondence with Boynton Beach as may be permitted by the competitive solicitation. Additionally, the cone of silence shall not apply to any purchases made in an amount less than the competitive solicitation threshold set forth in the Purchasing Manual. 101-j1[0l:1Xd0]:1sm1]6'1410,1411JN Pursuant to Florida Statutes §119.07, sealed Bids, Proposal or Responses received by the City in response to a Request for Qualification or Invitation to Bid are exempt from public records disclosure requirements until the City provides notice of decision or thirty (30) days after the opening of the Proposals/Bids. If the City rejects all Responses submitted in accordance with a Request for Proposal/Qualification or Invitation to Bid, and the City concurrently provides notice of its intent to reissue the competitive solicitation, the rejected Responses remain exempt from public disclosure until such time as the City provides notice of a decision or intended decision concerning the competitive solicitation or until the City withdraws the reissued competitive solicitation. A Bid, Proposal, Response, or reply is not exempt for longer than twelve (12) months after the initial City notice rejecting all Bids, Proposals, or replies. Questions related to this Bid are to be submitted to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. CITY OF BOYNTON BEACH CW22-027 Sod and Sod Installation Services SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 INSTRUCTIONS TO BIDDERS Electronic Invitation to Bid shall be received by the City's e -Procurement bidding system no later than AUGUST 17, 2022 No Later Than 2:30 PM (Local Time). 2. Late responses are not permitted by the bidding system. It shall be the sole responsibility of the Bidder to have their BID submittal submitted online. 3. Bidders shall acknowledge receipt of any addenda through the Bidding System by checking a box for each addendum and any applicable attachment. 4. It is the responsibility of the Bidder to have received all Addenda that are issued. Bidders should check online at Boynton-beachebidsandtendersenet prior to submitting their Submittal and up until the BID closing time and date in the event, additional addenda are issued. 5. To obtain documents online please visit Boynton-beachebidsandtendersenet. You may preview the BID documents with a Preview Watermark prior to registering for the opportunity. Documents are not provided in any other manner. 6. ELECTRONIC BID SUBMISSIONS ONLY shall be received by the Bidding System. Hardcopy submissions are not permitted. 7. Bidders are cautioned that the timing of their Submittal Submission is based on when the Bid is RECEIVED by the Bidding System, not when a Submittal is submitted, as the Submittal transmission can be delayed due to file transfer size, transmission speed, etc. 8. For the above reasons, it is recommended that you allow sufficient time to complete your Bid Submission and to resolve any issues that may arise. The closing time and date shall be determined by the Bidding System's web clock. 9. Bidders should contact bids&tenders support listed below, at least twenty-four (24) hours prior to the closing time and date, if they encounter any problems. The Bidding System will send a confirmation email to the Bidder advising that their submittal was submitted successfully. If you do not receive a confirmation email, contact bids&tenders support at su2port bidsandtenders.net. 10. Late Submittal Responses are not permitted by the Bidding System. 11. To ensure receipt of the latest information and updates via email regarding this request for qualification, or if a Bidder has obtained this Solicitation from a third party, the responsibility is on the Bidder to create a Bidding System Vendor account and register as a Plan Taker for the Solicitation. 12. All expenses for making BID responses to the City are to be borne by the Bidder. 13. A sample draft agreement that the City intends to execute with the successful firm(s) is contained within this Invitation to Bid for review. The City reserves the right to modify the contract language prior CW22-027 Sod and Sod Installation Services 3 to execution. The actual scope of services and consulting fees will be negotiated following the selection of the top firm(s). 14. Each Bidder, by submission of a BID response, acknowledges that in the event of any legal action challenging the award of a BID; damages, if any, shall be limited to the actual cost of the preparation of the BID. 15. As used in this Invitation to Bid, the words bidder, proposer, and contractor may be used interchangeably, and when so used, deemed to mean bidder. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. CW22-027 Sod and Sod Installation Services SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 SCOPE OF WORK / SPECIFICATIONS SCOPE OF WORK It is the intent of these specifications to contract with qualified vendors to provide Sod and Sod installation on an "as needed" basis to the City of Boynton Beach and participating governmental entities of the Southeast Florida Governmental Purchasing Cooperative within Miami -Dade, Broward, and Palm Beach Counties, herein referred to at times as "Co -Op Agency/Entity". All work under this yearly contract shall be performed as specified by the respective Co-op agencies, and City of Boynton Beach project representative(s) with the highest quality while meeting all specifications, term and conditions stated herein. Contractors must furnish all supervision, labor, materials, supplies and equipment as necessary to properly perform work described. No guarantee is given as to the amount of sod that will be required during the entire contract period. Contractors shall use trained and skilled employees in this trade that are directly employed with their company, must furnish all supervision, labor, equipment, material, and supplies necessary to properly perform the work required, must be licensed as required by the State of Florida and insured as required by the City of Boynton Beach and Co -Op agencies. QUALIFICATIONS/REQUIRED INFORMATION Bidders are required to submit a list of five (5) past clients which service were provided within the last three (3) years. In addition, Bidders shall provide copies of license(s) and/or certification(s) to perform the work specified. Failure to provide any required information (licenses/certifications or any other required documentation) may render the Bidder's response as non-responsive. QUANTITIES All quantities stated on the proposal form are approximate based on the current estimates of work to be performed and the available funding. Actual quantities may be greater or less than stated on the estimated yearly quantities by zone. The estimated quantities are estimates for the next twelve (12) months and not for any one (1) specific project. The Co -Op reserves the right to purchase small quantities of sod (1 to 4 pallets) from other vendors when needed for smaller projects, or if not immediately available from the contracted vendor(s). If required and requested, Contractor must have the ability to deliver and install up to 50,000 square feet of sod per day. Sod will be ordered on an as needed basis. Orders in excess of 2,000 square feet shall be delivered and unloaded by contractor at one time. All sod to be delivered and unloaded by contractor and must be on pallets which are in good condition. Pallets are to be picked up by the contractor upon notification. CW22-027 Sod and Sod Installation Services 5 PICK-UP OPTION Depending upon purchase order quantity, items must be ready for pickup. Participating agencies reserve the right to pick up with their own vehicle any requirement under 2,000 square feet of sod, but will require delivery of any order in excess of 2,000 square feet to be delivered and unloaded by the contractor at one time. PERFORMANCE The sod material delivered under this contract must be of the highest quality and meet all Federal, State, and local laws. All sod installation work must meet the enclosed specifications and be approved by the ordering Co -Op agency. Any sod delivered and/or installed not meeting the specifications outlined in this Invitation to Bid shall be replaced at the discretion of the Co -Op agency. If any material is damaged or destroyed through the fault of the awarded contractor, the item must be replaced within forty-eight (48) hours at the contractor's expense. The replacement sod must be the same species and size. Failure to adhere to the above requirements may result in the cancellation of the contract. QUALITY ASSURANCE All sod furnished under this ITB shall be of commercial quality grade as specified by the Southern Seed Certification Association, Inc. Contractor's superintendent shall be well versed in Florida sod material and planting operations. All employees shall be competent and highly skilled in their particular job responsibility in order to properly perform the work. The Contractor is responsible for maintaining the quality of the material on the job throughout the duration of the contract. Any nursery supplying sod that has represented the quality of the sod as being higher than the actual grade as determined under this section shall remove from the project all sod already delivered. Also, the nursery shall not be allowed to supply any additional sod until written evidence is submitted by the Contractor and confirmed by the Grounds Maintenance departments of the participating Co -Op agencies that all material has been inspected and approved by the State Plant Board as being of the quality as represented. The Co -Op has the option to inspect the sod fields prior to the awarding of the Bid and any time during the contract period in order to assure that the sod quality meets the Bid specifications. Compliance with all current restrictions is regarded to movement of the sod into or within areas which are outside of quarantine boundaries for the white fringed beetle and the imported fire ant, as issued by the following agencies: a. U.S. Department of Agriculture, Animal and Plant Health Inspection Services b. Florida Department of Agriculture, Division of Plant Industry Names of varieties not included therein have been generally derived from names accepted in the landscape industry. Where the local nomenclature of the common name differs, the local nomenclature has been used. The sod shall be nursery grown, except where specified otherwise, and shall comply with all required inspectors, grading standards, and plant regulations as set forth by the Florida Department of Agriculture. SUBSTITUTIONS Substitutions of sod types shall be permitted only upon submission of documented proof that the particular type specified is not obtainable. Substitute shall be submitted for approval by the Grounds and/or Landscape Maintenance departments of the participating Co -Op agencies. The Agencies reserve the right to obtain the sod requested from another source. CW22-027 Sod and Sod Installation Services 6 GUARANTEE The guaranteeing sod shall be construed to mean complete and immediate replacement of sod if it is: a. Not in a healthy growing condition b. There is a question to its survival ability at the end of the Guarantee period. C. Sod is dead. d. Contains excessive weed contamination. e. Infestation of any pests and/or bugs (i.e. fringed beetle) Replacement of sod shall be of the same species as that of the plant to be replaced. The guarantee shall be null and void for sod which is damaged, unhealthy, or dies as a result of Acts of God, limited to hail, freeze and winds which exceed hurricane force; providing the sod was in healthy growing condition prior to these Acts of God. TRANSPORTATION Movement of sod shall comply with all Federal, State and local laws and regulations. Sod shall be transported on vehicles of adequate size. WORK SCHEDULE Contractor shall guarantee delivery and/or work schedule within ten (10) calendar days after notification of each project. If Contractor cannot make sod delivery and/or work schedule within ten (10) calendar days, the Co -Op Agency has the option to obtain sod from the secondary awarded vendor. If the secondary vendor cannot deliver or meet the work schedule with the ten (10) calendar days, then the City/Co-Op reserves the right to contact another vendor who can deliver and/or meet the work Schedule. Depending upon the circumstances, the City/Co-Op may document the deficiency in the permanent file as non- performance. Contractor shall: a. Deliver sod on pallets with root system protected from exposure to wind and sun. b. Deliver sod in quantities capable of being installed within forty-eight (48) hours of cutting. All installation of sod must be completed within twenty-four (24) hours after delivery to installation site. TRAFFIC CONTROL AND PROTECTION The plans for traffic control within work sites shall be developed with safety concerns as a high priority. The plans should include protection at work site when work is in progress and when operations have been halted (such as during the night). Provisions for the protection of work crew, traffic control personnel, pedestrian and motorists shall be addressed. In all cases, the operation plan for traffic control and protection shall include provisions for the following: a. Advance warning b. Clear view of work site C. Roadway delineation d. Regulatory information e. Hazard warning f. Barriers g. Pedestrian safety h. Access i. Location of vehicles and equipment j. Night safety k. Personnel training I. Traffic control and protection devices (see Manual on Traffic Controls and Safe Florida Department of Transportation Practices for Street and Highway Construction, Maintenance, and Utility Operations. CW22-027 Sod and Sod Installation Services A written plan detailing traffic control and safety protection should, if required by a Co -Op agency, be prepared by the successful Bidder. This plan will be part of the continuing contract requirements. SOD INSTALLATION Installation shall be in accordance with the guidelines specified by the Southern Seed Certification Association, Inc. and including but not limited to the following: ➢ Installer must be equipped with proper tools to cut and smooth out depressions created by loaders, forklifts, etc. and must have on-site equipment to move sod pallets. Ground preparation will be the responsibility of the Agency(ies) unless requested by Agency(ies). ➢ All sod shall be planted within forty-eight (48) hours of cutting and shall be kept shaded and moist. Sod shall be carefully placed edge -to -edge by hand with tightly fitted joints (overlapping will not be allowed). ➢ Sod shall be immediately pressed firmly into place by hand tamping or roller. The installation operation shall provide a true and even surface and ensure knitting without displacement to sod or deformation of the surface of the sodded areas. Areas inaccessible to roller shall be hand tamped. ➢ On slopes having a ratio greater than or equal to 1:3, sod shall be pegged into place with not less than two stakes per square yard. ➢ Installer shall clean all adjacent areas soiled during installation and remove all pallets from site. INSTALLATION (Where Applicable): The sod shall be moist and shall be placed on moist soil. Pitchforks shall not be used in handling sod, and dumping from vehicles shall not be permitted. The sod shall be carefully placed by hand, edge -to -edge, in rows at right angles to the slope, commencing at the base of the area to be sodden and working upward. The sod shall be immediately pressed firmly into contact with sod bed to provide a true and even surface and ensure knitting without displacement of sod or deformation of the surfaces of the sodden area. The edges of the sodden areas shall be staggered in a corresponding manner, providing the offset along the edge does not exceed six inches (6"). All vertical edging adjacent to sodden areas shall be tamped as to produce a feather edge. Should Contractor use a roller, they shall coordinate its use as necessary to avoid damage to other work in place. On slopes having a ratio of one in three or greater, peg the installed sod into place with not less than two stakes per square yard. Immediately after completing placement of sod, begin water operation. Water shall be applied in the amount necessary to keep the sod moistened to the full depth of the root zone for a period of not less than two (2) weeks. After the sod has been installed, pallets and other debris created by the Contractor shall be removed from the project. Any paved areas, including curbs and sidewalks which have been strewn with soil, sod waste or fertilizer shall be thoroughly swept. In the event that weeds or other undesirable vegetation became prevalent to such an extent that either cut or uncut they threaten to smother the grass species, they shall be removed as directed by the Grounds Maintenance Supervisor of the appropriate agency. If necessary, it shall be replaced as needed. Installation must be in staggered joints, edge to edge, as tight as possible. All sod shall be alive, fresh, uninjured, and free of insects, pests, weeds, disease and Nematodes. CW22-027 Sod and Sod Installation Services 8 INSTALLATION (Where Applicable): The City may, during the term of the contract, add or delete service, wholly or in part at any of the listed locations. In the event that a site listed herein is deleted, the quoted cost for service being deleted shall be removed from the monthly invoice amount, if applicable. In the event that a site is added to listing herein and to the contract, the bidder shall invoice utilizing the prices quoted herein. The following are a listing of Co-op Agencies that may require deliveries at different locations within their respective municipalities. The list of contact persons should not be contacted during the bidding process; only the Purchasing Representative contact listed within this Invitation to Bid shall be contacted. ENTITY CONTACT PHONE # E-MAIL ADDRESS ADDRESS City of Kristeena Pinto, 561-742-6322 Fr,iL#c,h,l ), , , II,„,u.0 100 East Ocean Ave, Boynton Beach Purchasing Boynton Beach, FL Manager 33435 City of Ben Trapani 954-658-7693 b. #,r. , rgriiil )rtnnerr e#cu„ Il.rc�rtnn 5790 Margate Blvd Margate Margate, FL 33063 City of Yusbel 305-460-5107 r,0 n,#,r.,C.1s. Xorallr,I II, ;2.,..c,or.]„n, 2800 S.W. 72 Ave., Coral Gables Gonzalez Miami, FL 33155 City of Yasmin Teja 954-344-1101],g.QLc)r�nlls,rnii,L� s.0rr4 9500 W. Sample Road Coral Springs Coral Springs, FL 33065 Town of Jenna Albers 954-797-1131 8800 S.W. 36th Street Davie Davie, FL 33328 City of Monica Powery 561-642-2039 rt,n:n,rc,r✓,;,,y„()r;;c,,;, ,� 6600 University Drive Greenacres Parkland, FL 33067 City of Richard 954-457-4106 „ r II,II,i............................... ,i#yof of annd orr� 100 N. Andrews Ave., Parkland S allino Ft. Laud., FL 33301 City of Holly 954-572-2202 H ,,rH,,,ll ,c,„()su.unriis,g,cv 10770 W. Oakland Park Sunrise Raphaelson Blvd., Sunrise, FL 33351 City of Daren Jairam 954-390-2171 2020 Wilton Manors Dr. Wilton Manors Wilton Manors, FL 33305 City of Richard 305-416-1958 ,n:ngt.ar.2n(„p 444 S.W. 2"d Avenue Miami McLaren Miami, FL 33029 City of Mark Gomes 954-518-9020 npf L)rnnes )L)L) nes corn 8300 S. Palm Drive Pembroke Pines Pembroke Pines, FL 33025 City of William Garviso 305-673-7490 y�,iill,ll,ii................... ng ,Ev, sc„( )rnnii nrnniih , nc ll.r,cv 1755 Meridian Ave Miami Beach Miami Beach, FL 33139 City of Meghan C. 305-948-2946 rt,n:nFu;inn.h,nn,##l),c;ii,#,y,nn,rt,n„nlcorn 17011 N.E. 19th Ave North Miami Beach Bennett North Miami Beach, FL 33162 City of Kyle Vohwinkel 954-457-1331 k,vo,lh,ii,nn,ld,�,,,1),H�,�n,1111,�n,�n,cl,�n,ll,�,�,�,�n,c;H�,��g,c�v 400 South Federal Hwy Hallandale Beach Hallandale Beach, FL 33009 CW22-027 Sod and Sod Installation Services SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 GENERAL CONDITIONS FOR BIDDERS 1. FAMILIARITY WITH LAWS: The Bidder is presumed to have full knowledge of and be in compliance with all Federal, State, and Local laws, ordinances, rules, and regulations that in any manner affect the equipment and the services provided to the City. Ignorance on the part of the Bidder will in no way relieve Bidder of responsibility to adhere to such regulations. 2. BID FORMS: The Bidder will submit a BID on the BID forms provided. The Bidder must state the price and the time of delivery for which they propose to deliver the equipment or service requested. The Bidder IS required to be licensed to do business as an individual, partnership, or corporation in the State of Florida. All BID forms must be executed and submitted for easy identification. BIDs not submitted on BID forms herein may be rejected. All BIDs are subject to the conditions specified within this solicitation document. BIDs which do not comply with these conditions are subject to rejection. 3. EXECUTION OF BID: BID must contain a manual signature of an authorized representative in the space provided on all affidavits and proposal sheets. 4. NO SUBMITTAL: A NO SUBMITTAL response can be submitted online through the e -Procurement bidding system. 5. BID DEADLINE: It is the Bidder's responsibility to assure that the BID is submitted electronically by or at the proper time and date prior to the BID deadline. Late Submittal Responses are not permitted by the e -Procurement bidding system. 6. RIGHT TO REJECT BID: The City reserves the right to reject any or all bids, waive technical errors, or to accept a portion of any bids that are deemed to be the most responsive, responsible bidder(s) which represents the most advantageous bid to the City. In determining the "most advantageous bid", price, quantifiable factors, and other factors are considered. Such factors include but are not limited to specifications; delivery requirements; the initial purchase price; life expectancy; cost of maintenance and operation; operating efficiency; training requirements; disposal value; and other factors contributing to the overall acquisition cost of an item. Consideration may be given, but is not necessarily limited to conformity to the specifications; including timely delivery; product warranty; a bidder's proposed service; ability to supply and provide service; delivery to required schedules and past performances in other contracts with the City or other government entities. 7. BID TERM: The initial term of the Bid award shall be for a period of two (2) years and by mutual agreement between the City and the awardee(s), may be renewable for three (3) additional one (1) year periods under the same terms, conditions, pricing, and upon mutual agreement with the awarded vendor. 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. CW22-027 Sod and Sod Installation Services 10 8. 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. 9. 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. 10. DISQUALIFICATION OF PROPOSER: More than one Proposal from an individual, firm, partnership, corporation or association under the same or different names shall not be considered. All proposals shall be rejected if there is reason to believe that collusion exists between Proposers. Automatic disqualifiers are as follows: a. Not including an executed Proposer signature. b. Not being licensed to perform the required work or to provide the required product. c. Not being eligible to submit a proposal due to violations listed under Item No.29, "Public Entity Crimes." d. Not completing the RFQ Submittal Forms as required. 11. 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. 12. INTERPRETATIONS: Any questions concerning conditions and specifications should be directed to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific BID no later than ten (10) days prior to the BID deadline. Inquiries must reference the date by which the BID is to be received. 13. 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. 14. 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. CW22-027 Sod and Sod Installation Services W 15. ADDENDA: From time to time, the City may issue an addendum to change the intent or to clarify the meaning of the Contract documents. Since all addenda are available to Bidder's through the City's e - Procurement system Boynton-beach.bidsandtenders.net, it is the responsibility of each Bidder to have received ALL addenda that are issued. Bidders should check online at Boynton- beach.bidsandtenders.net prior to submitting their bid and up until the bid closing time and date in the event, additional addenda are issued. If a Bidder submits their bid prior to the BID closing time and date and an addendum has been issued, the Bidding System shall WITHDRAW the Bidder's submission and the submittal status will change to an INCOMPLETE STATUS and Withdraw the Bid Proposal. The Bidder can view this status change in the "MY BIDS" section of the Bidding System. The Bidder is solely responsible to: A. make any required adjustments to their Bid; and B. acknowledge the addenda; and C. Ensure the re -submitted Bid is RECEIVED by the Bidding System no later than the stated bid closing time and date. 16. 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". 17. 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. 18. DEMONSTRATIONS: Performance of the equipment/services upon request can be deemed a part of the evaluation process in determining the award of the bidder. Demonstrations of the merits of the equipment/services that meet City requirements shall be requested by Procurement Services. Equipment demonstrated shall be a minimum of one (1) year old. All required staff, to be assigned per the individual bid product or service application, will form the Bid Award Committee to evaluate and submit a group award recommendation. The City reserves the right to make separate and independent awards based on its needs and the combined evaluation results. 19. ESCALATOR CLAUSE: Any bid which is submitted subject to an escalator clause will be rejected. 20. EXCEPTIONS: Incorporation in a bid of exceptions to any portion(s), of the Contract documents may invalidate the bid. Exceptions to the Technical and Special Provisions shall be clearly and specifically noted in the bidder's proposal on a separate sheet marked "EXCEPTIONS TO THE SPECIFICATIONS" and this sheet shall be attached to the bid. The use of the bidder's standard forms or the inclusion of the manufacturer's printed documents shall not be construed as constituting an exception within the intent of the Contract documents. 21. 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. 22. NONCONFORMANCE TO CONTRACT CONDITIONS: Items may be tested for compliance with specifications under the direction of appropriate testing laboratories. The data derived from any tests for compliance with specifications are public records and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at the vendor's expense. These items and items not delivered as per delivery date in the bid and or Purchase Order may result in the bidder being found in default in which event any and all procurement costs may be charged against the defaulted Contractor. Any violation of these stipulations may also result in the vendor's name being removed from the City of Boynton Beach's vendor mailing list. CW22-027 Sod and Sod Installation Services 12 23. 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. 24. ANTITRUST CAUSE OF ACTION: In submitting a bid to the City of Boynton Beach, the bidder offers and agrees that if the bid is accepted, the bidder will convey, sell, assign or transfer to the City of Boynton Beach all rights, title, and interest in and to all causes of action it may now or hereafter acquire under the antitrust laws of the United States and the State of Florida for price-fixing relating to the particular commodities or services purchased or acquired by the City of Boynton Beach. At the City of Boynton Beach's discretion, such assignment shall be made and become effective at the time the purchasing agency tenders final payment to the bidder. 25. GOVERNMENTAL RESTRICTIONS: In the event, any governmental restrictions may be imposed which would necessitate alteration of the material, quality, workmanship, or performance of the items offered on this proposal prior to their delivery, it shall be the responsibility of the successful bidder to notify the City at once, indicating in a letter the specific regulation which required an alteration. The City reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the Contract at no expense to the City. 26. 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. 27. ON PUBLIC ENTITY CRIMES — All Invitations to Bid as defined by Section 287.012(l 1), Florida Statutes, requests for proposals as defined by Section 287.012(16), Florida Statutes, and any contract document described by Section 287.058, Florida Statutes, shall contain a statement informing persons of the provisions of paragraph (2)(a) of Section 287.133, Florida Statutes, which reads as follows: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract or provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list". 28. SCRUTINIZED COMPANIES LISTS Florida Statues Section 287.135: By submission of this BID, the bidder certifies that the bidder is not participating in a boycott of Israel. Bidder further certifies that Bidder is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Bidder been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to Bidder of the City's determination concerning the false certification. Bidder shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, Bidder shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If Bidder does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 29. NON -COLLUSION AFFIDAVIT: Each Bidder shall complete the Non -Collusion Affidavit Form and shall submit the form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 30. TRADE SECRET: Any language contained in the Bidder's Proposal purporting to require confidentiality of any portion of the Proposal, except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law, shall be void. If a Bidder submits any documents or other information to the City which the Bidder claims are Trade Secret information and exempt from Florida Statutes Chapter 119.07 (Public Records Laws), the Bidder shall clearly designate that it is a Trade CW22-027 Sod and Sod Installation Services 13 Secret and that it is asserting that the document or information is exempt. The Bidder must specifically identify the exemption being claimed under Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Bidder's Proposal constitutes a Trade Secret. The City's determination of whether an exemption applies shall be final, and the Bidder agrees to defend, indemnify, and hold harmless the City its officers, employees, volunteers, and agents, against any loss or damages incurred by any person or entity as a result of the City's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or in part will be rejected. EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT MARK YOUR PROPOSAL AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR PROPOSAL OR ANY PART THEREOF AS COPYRIGHTED. 31. ANTI -KICKBACK AFFIDAVIT: Each Bidder shall complete the Anti -Kickback Affidavit Form and shall submit this form with their Proposal. The City considers the failure of the Bidder to submit this document to be a major irregularity and may be cause for rejection of the Proposal. 32. 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. 33. 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". 34. 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. 35. LIABILITY: The selected bidder(s) shall hold and save harmless the City of Boynton Beach, Florida its officers, agents, volunteers, and employees from liability of any kind in the performance of this Contract. Further, the selected bidder(s) shall indemnify, save harmless and undertake the defense of the City, its City Commissioners, agents, servants, and employees from and against any and all claims, suits, actions, damages, or causes of action arising during the term of this Contract, for any personal or bodily injury, loss of life, or damage to property arising directly or indirectly from bidder's operation pursuant to this Contract and from and against all costs, counsel fees, expenses and liabilities incurred in an about any such claims, the investigation thereof, or the defense of any action or proceedings brought thereon, and from and against any orders or judgments which may be entered therein. The City shall notify the bidder within ten (10) days of receipt by the City of any claim, suit, or action against the City arising directly or indirectly from the operations of the bidder hereunder, for which the City may be entitled to a claim or indemnity against the bidder, under the provisions of this Contract. Bidder shall have the right to control the defense of any such claim suit or actions. The bidder shall also be liable to the City for all costs, expenses, attorneys' fees, and damages that may be incurred or sustained by the City by reason of the bidder's breach of any of the provision of the contract. Bidder shall not be responsible for negligent acts of the City or its employees. 36. 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. CW22-027 Sod and Sod Installation Services 14 37. 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. 38. 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. 39. 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. 40. PRICES, TERMS, AND PAYMENT: Firm prices shall be quoted and include all packing, handling, shipping charges, and delivery to the destination shown herein. Bidder is requested to offer a cash discount for prompt invoice payment. Discount time will be computed from the date of satisfactory delivery at the place of acceptance or from receipt of the correct invoice at the office specified, whichever is later. Prices quoted shall be F.O.B. destination. Prices quoted shall be firm for the initial year of the (2) two-year contract. No cost increases shall be accepted during the first year of this contract term. Thereafter, for the second year of the contract and any extensions which may be approved by the City shall be subject to the following: Costs for the second contract year and any extensions shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) as published by the Bureau of Labor Statistics, U.S. Department of Labor, and shall not exceed five percent (5%). The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending December 31st, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the contract anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved contract extension. Cost adjustments, in all cases shall reflect only a direct pass-through of costs, and no changes to the Vendor's profit margin shall be permitted. All cost increases over 2% must be approved by the City Commission on recommendation of the Director of Financial Services. 41. TIME OF DELIVERY: The bidder shall state in the bid the time of delivery of the equipment. Time is of importance to the City and the bidder is hereby notified that the date of delivery will be considered as a factor in the evaluation of the bids. All equipment shall be completely assembled, adjusted, and clean. All standard equipment and specified options shall be installed and the unit made ready for continuous, heavy-duty service. In addition to new equipment pre -delivery service, a thorough condition and specification compliance from these specifications, including manufacturer's standard equipment items, and accessory equipment supplied by the equipment dealer, which is clearly necessary for the complete operation of the vehicle, shall be considered a requirement although not directly specified in these specifications. CW22-027 Sod and Sod Installation Services 15 42. LICENSE AND PERMITS: It shall be the responsibility of the successful bidder to obtain all licenses and permits, if required, to complete this service at no additional cost to the City. Licenses and permits shall be readily available for review by the Purchasing Agent and City Inspectors. 43. COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH: The bidder certifies that all material, equipment, etc., contained in this bid meets all O.S.H.A. requirements. Bidder further certifies that if awarded as the successful bidder, and the material equipment, etc. delivered is subsequently found to be deficient in any O.S.H.A. requirement in effect on the date of delivery, all costs necessary to bring 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. 44. 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. 45. PUBLIC RECORDS: Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Consultant shall comply with Florida's Public Records Law. Specifically, the Consultant shall: A. Keep and maintain public records required by the City to perform the service; B. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Consultant shall destroy all copies of such confidential and exempt records remaining in its possession once the Consultant transfers the records in its possession to the City; and D. Upon completion of the contract, Consultant shall transfer to the City, at no cost to the City, all public records in Consultant's possession. All records stored electronically by Consultant must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. E. IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 EAST OCEAN AVENUE CW22-027 Sod and Sod Installation Services 16 BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CITYCLERK@BBFL.US 46. E -VERIFY: Contractor is aware of and complies with the requirements of Section 448.095, Florida Statues, as may be amended from time to time and briefly described herein below. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -Verify System in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E - Verify System to verify the employment eligibility of: a. All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b. All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c. The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. CW22-027 Sod and Sod Installation Services 17 M SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 SPECIAL TERMS AND CONDITIONS AWARD: Award will be made to the most responsible, responsive bidder(s) meeting specifications and minimum qualifications, and is in the best interest of the City of Boynton Beach and participating governmental entities of the Southeast Florida Governmental Purchasing Cooperative within Miami - Dade, Broward, and Palm Beach Counties. 2. COOPERATIVE BID: Supplier(s) will be required to make deliveries to location as specified by the ordering agencies. Any reference in the bid documents to a single entity shall apply to all participating entities. The terms and conditions of the individual contracts and/or purchase orders including, but not limited to provisions regarding invoicing, individual delivery points, delivery instructions, and insurance requirements shall be established individually by each participating governmental entity prior to award. The City's Local Vendor Preference Policy DOES NOT apply to this bid. MUNICIPALITIES AND OTHER GOVERNMENTAL ENTITIES WHICH ARE NOT MEMBERS OF THE SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE GROUP ARE STRICTLY PROHIBITED FROM UTILIZING ANY CONTRACT OR PURCHASE ORDER RESULTING FROM THIS BID. HOWEVER, OTHER CO-OP MEMBERS MAY PARTICIPATE IN THIS CONTRACT DURING THE RENEWAL PERIOD PROVIDED IT IS ACCEPTABLE TO THE VENDOR(S). This contract is open for use to ALL Southeast Florida Governmental Purchasing Cooperative Group Agencies upon award. This is the current listing and may be updated from time to time. Adventura, City of Boca Raton, City of Boynton Beach, City of Broward College Broward County Housing Authority Broward County Purchasing Broward Metro Planning Organization (MPO) Broward County Port Everglades Children's Services Council of Palm Beach County Coconut Creek, City of Cooper City, City of Coral Gables, City of Coral Springs Improvement District Coral Springs, City of Dania Beach, City Davie, Town of Deerfield Beach, City of Delray Beach, City of Fort Lauderdale, City of Greenacres, City of Hallandale Beach, City of CW22-027 Sod and Sod Installation Services 18 Hillsboro Beach, City of Hollywood, City of Lake Worth Beach, City of Lauderhill, City of Lauderdale Lakes, City of Lauderdale -by -Sea, City of Margate, City of Miami, City of Miami Beach, City of Miami Gardens, City of Miramar, City of North Lauderdale, City of North Miami Beach, City of Oakland Park, City of Opa Locka, City of Palm Beach Sheriff's Office Parkland, City of Pembroke Park, City of Pembroke Pines, City of Plantation, City of Pompano Beach, City of Riviera Beach, City of South Florida Regional Transportation Authority (SFRTA)/Tri-Rail Solid Waste Authority of Palm Beach County South Florida Water Management District (SFWMD) Southwest Ranches, Town of Sunny Isles Beach, City of Sunrise, City of Tamarac, City of Wellington, Village of Wilton Manors, City of 3. BID TERM: The initial term of the Bid awarded shall be for two (2) years and by mutual agreement between the City and the awardee(s), may be renewed for three (3) one-year terms under the same terms, conditions, pricing, and upon mutual agreement with the awarded vendor. Renewals shall be contingent upon satisfactory performance evaluations by the agency and subject to the availability of funds. 4. NON-EXCLUSIVE AGREEMENT: No guarantee is expressed or implied as to the total quantity of commodities/services to be purchased under the agreement. 5. ORDERING: The City reserves the right to purchase commodities/services specified herein through contracts established by other governmental agencies or through separate procurement actions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the contract, and if the vendor is unable to comply therewith, the City reserves the right to purchase commodities/services from another source without penalty or prejudice to the City. 6. FISCAL YEAR PURCHASE ORDER: Items shall be ordered via a Blanket Purchase Order on an "as needed" basis for each fiscal year that the Agreement is in existence at prices quoted per the Agreement. Invoices must be submitted against each individual blanket purchase order. 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. 7. COST ADJUSTMENTS: Prices quoted shall be F.O.B. destination and firm for the initial bid term. No cost increases shall be accepted during the first year of this initial bid term. Please consider this when providing pricing for the Bid. Cost increases for any extension terms shall be subject to City approval. CW22-027 Sod and Sod Installation Services 19 Thereafter, for the second year of the contract and any extensions which may be approved by the City shall be subject to the following: Costs for the second contract year and any extensions shall be subject to an adjustment only if increases or decreases occur in the industry. Such adjustment shall be based on the latest yearly percentage increase in the All Urban Consumers Price Index (CPI -U) as published by the Bureau of Labor Statistics, U.S. Department of Labor. The yearly increase or decrease in the CPI shall be that latest Index published and available for the calendar year ending December 31 st, prior to the end of the contract year then in effect, as compared to the index for the comparable month, one-year prior. Any requested adjustment shall be fully documented and submitted to the City at least ninety (90) days prior to the bid term anniversary date. Any approved cost adjustments shall become effective on the beginning date of the approved bid extension. The City, may after examination, refuse to accept the adjusted costs if they are not properly documented, or considered to be excessive, or if decreases are considered insufficient. In the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City, the contract will be considered canceled on the scheduled expiration date. All cost increases must be approved by the City Commission on the recommendation of the Director of Financial Services. 8. MARKET CONDITIONS: The City of Boynton Beach reserves the right to purchase on the open market should lower market process prevail, at which time the successful bidder shall have the option of meeting the lower price or relieving the City of Boynton Beach of any obligations previously understood. 9. AWARD: Award will be made to the responsive and responsible bidder(s), quoting the lowest price, for that goods and services identified, that will best serve the needs of the City of Boynton Beach. The City also reserves the right to waive minor variations in the specifications and in the bidding process. The City further reserves the right to accept or reject any and/or all Bids and to award or not award a contract based on this Bid solicitation. The City shall award this contract to two (2) bidders (primary, and secondary) by GROUP and by ZONE, to the lowest responsive, responsible bidder(s). Unit prices must be stated on the price proposal page within the Bids & Tenders platform. For items in groups, it is necessary to bid on every item within the group, and all items in the group must meet specifications in order to be considered for award. In the event that any item in the group does not meet the specifications, the entire group will be disqualified. The lowest awarded bidder in an item or group shall be considered the primary vendor and should receive the largest volume of work. It is therefore contingent upon the bidder(s) to Bid on every item within the group. City reserves the right to reject any bidder who has previously failed in the proper performance of an award, or failed to deliver on time contracts in a similar nature, or who is not responsible (financial capability, lack of resources, etc.) to perform under this award. CITY reserves the right to inspect all facilities of any bidder in order to make a determination as to the foregoing. The City or participating Co -Op agency further reserves the right to consider a Bidder's history of not meeting established work schedules on prior bids and/or poor quality of material supplied specifically on prior bids. The City Commission or each participating Co -Op agency reserves the right to consider a Bidder's history of deficiencies in the industry in determining a Bidder's responsibility and further reserves the right to declare the low Bidder not responsible if said deficiencies warrant such determinations. 10. COMPETENCY OF BIDDERS: Pre -award inspection of the bidder's facility may be made prior to award of contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this bid and who can provide evidence that CW22-027 Sod and Sod Installation Services 20 they have established a satisfactory record of performance for a sufficient delivery fleet to insure that they can satisfactorily execute the services under the terms and conditions herein stated. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well- established company in line with the most business practices in the industry and as determined by the designated City of Boynton Beach representative. 11. VENDOR SERVICE REPRESENTATIVE: The bidder must submit with his bid proposal the name, address, and phone number of the person(s) to be contacted for the placement of an order and the coordination of service. A contact for both regular work hours and after hours, weekends, and holidays must be identified. 12. CANCELLATION: Order will be subject to immediate cancellation if either product or service does not comply with the specifications as stated herein or fails to meet the participating co-op entity's performance standards. 13. RIGHT TO TERMINATE: In the event that any of the provisions of the bid are violated by the successful bidder, the City of Boynton Beach may serve written notice upon such bidder of its intention to terminate the bid award. 14. TERMS AND CONDITIONS: No additional terms and conditions included with the bid response shall be evaluated or considered and any and all such additional terms and conditions shall have no force and effect and are inapplicable to this bid. If submitted either purposely through intent or design or inadvertently separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed the general and special conditions in this bid solicitation are the only conditions applicable to this bid and the bidder's authorized signature affixed to the bidder acknowledgment attests to this. 15. INVOICING AND PAYMENT: Payments shall be made on a per -order (delivery) or monthly statement basis (for actual deliveries made). All invoices submitted for payment must include certified weight certificates indicating gross, tare, and net weights in addition to showing the purchase order number and must be directed to the appropriate governmental entity. Timely submission of a proper invoice(s) in strict accordance with the price(s) and delivery elements as stipulated in the Contract document should be submitted to: City of Boynton Beach P.O. Box 310 Boynton Beach, Florida 33425-0310 16. TRANSFER PROHIBITED: The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of their bid award, or of any or all of his or its rights, title or interest herein, or his or its power to execute such award to any person, company or corporation without prior written consent of the corresponding governmental entity. 17. INSURANCE: It shall be the responsibility of the successful bidder to maintain workers' compensation insurance, property damage, liability insurance, and vehicular liability insurance, during the time any of the bidder's personnel are working on the City of Boynton Beach property. The vendor shall furnish the City with a certificate of insurance after the award has been made prior to the start of any work on City property. Said insured companies must be authorized to do business in the State of Florida and the City will not accept any company that has a rating less than B+ in accordance to A.M. Best's Key Rating Guide, the latest edition. 18. INDEMNIFICATION/HOLD HARMLESS AGREEMENT: Contractor shall, in addition to any other obligation to indemnify the participating co-op entities and to the fullest extent permitted by law, protect, defend, indemnify and hold harmless the participating co-op entity, their agents, elected officials and employees from and against all claims, actions, liabilities, losses (including economic losses), costs arising out of any actual or alleged bodily injury sickness, disease or death, or injury to CW22-027 Sod and Sod Installation Services 21 or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss arising out of or resulting or claimed to have resulted in whole or in part from any actual or alleged act or omission of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, of anyone for whose acts any of them may be liable in the performance of the work; or b) violation of law, statute, ordinance, governmental administration order, rule, regulation, or infringement of patent rights by Contractor in the performance of the Work; of c) liens, claims or actions made by the Contractor or any subcontractor or other party performing the Work. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation, or benefits payable by or for the Contractor, or any subcontractor under workers compensation acts; disability benefit acts, other employee benefit acts, or any statutory bar. Any costs or expenses, including attorney's fees, incurred by any participating Co-op entity to enforce this Agreement shall be borne by the Contractor. 19. GENERAL/SPECIAL CONDITION PRECEDENT: In the event of a conflict between General Conditions and Special Conditions, the provisions of the Special Conditions shall have precedence. 20. PRICING ZONES: Pricing Zone Map is located herein as Exhibit "A" Bidder shall submit pricing for each of the following zones: North Broward: Commercial Boulevard * North to include Palm Beach County Central Broward: Between Commercial Boulevard and -""'),'Griffin Road South Broward: Griffin Road y„ South to include Miami -Dade County 21. TERMINATION DEFAULT: In addition to all other remedies available to the City/Co-Op Agency, this Contract shall be subject to cancellation by the City/Co-Op 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. In the event that any of the provisions of the contract are violated by the successful Bidder, the City/Co-Op may serve written notice upon such Bidder of its intention to terminate the contract, and unless ten (10) days after serving such notice upon the Bidder, such violation shall cease and satisfactory arrangement for correction are made, the contract shall, upon expiration on the tenth day, cease and terminate. The City/Co-Op Agency by written notice may terminate in whole or in part any purchase orders resulting from this invitation when such action is in the best interest of the City/Co-Op. If purchase orders are so terminated, the City/Co-Op shall be liable only for payment for services rendered prior to the effective date of termination. Services rendered will be interpreted to include cost of items already delivered plus reasonable cost of supply actions short of delivery. The City/Co-Op reserves the right to determine reasonableness submitted for said cost of supply actions. The City/Co-Op may without cause and without prejudice to any other right of remedy, submit a written thirty (30) calendar days notice to the successful Bidder terminating the agreement between the Contractor and the City/Co-Op Agencies for convenience, whenever the City/Co-Op determines that such termination is in the best interest of the City/Co-Op. Where the agreement is terminated for the convenience of the City/Co-op, the notice of termination to the successful Bidder must state that the contract is being terminated for the convenience of the City/Co-Op under the termination CW22-027 Sod and Sod Installation Services 22 uy1 vv..i vi i v i clause and the extent of termination. Upon receipt of the notice of termination for convenience, the successful Bidder shall promptly discontinue all work at the time and to the extent indicated on the notice of termination, terminate all outstanding subcontractors and purchase orders to the extent that they relate to the terminated portion of the contract and refrain from placing further orders and subcontracts except as they may be necessary to complete any continued portions of the work. 22. DEMOLITION AND DEBRIS REMOVAL: The Contractor shall be responsible to remove all their debris from the site and clean affected work areas. Contractor shall keep the premises free of debris and unusable materials resulting from the Work and as Work progresses; or upon request by the City, shall remove such debris and materials from City property. The Contractor shall leave all affected areas as they were prior to beginning work. 23. 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. 24. REPORTS: Upon request by the City/Co-Op agencies, successful Bidder must be capable of providing a semi-annual and annual report on all items purchased during the contract period. Report to include sod species, unit price, quantity and grand total of all purchases. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK CW22-027 Sod and Sod Installation Services 23 SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 SOD SPECIFICATIONS / DESCRIPTIONS: NOTE: There is sod details in the specification which are not accounted for in the estimated quantities requested herein. However, the City of Boynton Beach/Co-op may request quantities/orders for the unaccounted sod items during the course of the contract. GENERAL BID SPECIFICATIONS - ALL TYPES OF SOD: The sod shall be a uniform thickness of 1 '/" with a maximum of/" thatch allowable. Sod shall be in either slabs or rolled strips of uniform length and width measurement no less than 12" x 24". The Co -Op agencies have the option to order either slabs or rolled strips of sod. All sods shall be well matted with a dense root system and of firm, tough texture having a compact top growth and heavy root development; shall be free of objectionable grassy and broad -leaf weeds. Sod shall not be accepted if it contains Bermuda grass. (Note: this sentence does not apply to Bermuda items). Sod sections shall be strong enough to support their own height and retain their size and shape when suspended vertically from a firm grasp on the upper ten percent (10%) of the section. Sod shall not be harvested or transplanted when moisture content (excessively dry or wet) may adversely affect its survival. Sods shall be relatively uncompressed. The solid embedded in the sod shall be clean earth, free of stones and debris. The sod shall have been mowed at least three (3) times with a lawn mower, with final mowing not more than seven (7) days prior to the sod being cut for placement. The sod shall be provided in commercial pad sized measuring not less than twelve inches (12") by twenty-four inches (24") and shall be live, fresh, and uninjured at the time of placement. It shall be machine cut at a uniform sort of thickness of 5/8", plus or minus 1/4" at time of cutting. Measurement for thickness shall exclude top growth and thatch. The sod shall be live, fresh, and uninjured at the time of planting. It shall be shaded and kept moist from the time it is cut until it is planted. This section specifies the furnishing and/or installing of sod. The following contains a specific description of the sods being requested and sod installation specifications: ST. AUGUSTINE "FLORATAM" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. St Augustine Floratam is a very hardy coarsely textured grass that can grow in many different types of soil including sandy soil. It is also tolerant of high or low pH levels. It's a tough grass that can handle heavy foot traffic, making it a good choice for high -traffic areas. ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. 2. ST. AUGUSTINE "CITRABLUETM,, Commercial quality grade as specified by the Southern Seed Certification Association, Inc. CitraBlueT" is a blue -colored, improved variety that likes to be walked on. It needs little water except in hot weather. CitraBlueT" can be used on CW22-027 Sod and Sod Installation Services 24 sports fields, parks, and commercial landscapes with moderate shade. Due to the nature of natural products, physical properties will vary (size, color, etc). ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. ST. AUGUSTINE "PALMETTO" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. Palmetto offers a more vibrant lush, emerald green color and a finer texture than St. Augustine grass alone. This type of sod is a popular choice in coastal and subtropical regions ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. 4. BAHIA "ARGENTINE" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. Argentine is a relatively dense sod and has a dark green color, making it acceptable for lawn use in many situations. It has wider leaf blades than 'Pensacola' Bahia grass. It has good insect and disease resistance and tolerates cold temperatures well. ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. BAHIA "PENSACOLA" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. Pensacola has long, slim (narrow) leaves with a root system that grows to depths of 7-10 feet, which imparts excellent drought tolerance. It also tolerates either hot or cold temperatures as well. It produces an abundance of seed heads, which reduces its desirability for use as a lawn grass but makes it suitable for roadside plantings. ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. Sod containing Bermuda grass will not be accepted. ➢ Machine cut pad size: 12" x 24" x3/4 (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a grasp on upper 10% of pad. Sod must be viable (not dormant) and capable of vigorous growth when planted. BERMUDA "TIFWAY 419 — CERTIFIED" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. TifWay 419 Bermuda is deep green in color and medium to fine in texture. 419 Bermuda has excellent weed and disease resistance and is a superior turf for fairways, tees, athletic fields and home lawns. Its toughness, beauty and even growth has made it a popular sports turf for decades. An official labeling certificate is to accompany each shipment of sod. ➢ Bermuda sod shall be of premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess CW22-027 Sod and Sod Installation Services 25 characteristics upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2) years old. ➢ Machine cut pad size: 12" x 24" (except for "Big Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x3/4" (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. BERMUDA "TIFWAY 419 — UNCERTIFIED" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. TifWay 419 Bermuda is deep green in color and medium to fine in texture. 419 Bermuda has excellent weed and disease resistance and is a superior turf for fairways, tees, athletic fields and home lawns. Its toughness, beauty and even growth has made it a popular sports turf for decades. An official labeling certificate is to accompany each shipment of sod. ➢ Bermuda sod shall be of premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess characteristics upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2) years old. ➢ Machine cut pad size: 12" x 24" (except for "Big Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x3/4" (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. BERMUDA "TIFEAGLE — CERTIFIED" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. TifEagle is a very fine -textured dwarf bermudagrass, tolerant of 3mm mowing height and uniquely adapted to intensively managed golf greens in the Southern Hemisphere. An official labeling certificate is to accompany each shipment of sod. ➢ Bermuda sod shall be of premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess characteristics upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2) years old. ➢ Machine cut pad size: 12" x 24" (except for "Big Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x3/4" (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. BERMUDA "TIFGREEN 328 — CERTIFIED" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. Tifgreen 328 is a water saving hybrid bermuda grass with low, dense growth habit & beautiful green color. Bermuda grasses thrive in Southern California. An official labeling certificate is to accompany each shipment of sod. ➢ Bermuda sod shall be of premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess characteristics upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2) years old. ➢ Machine cut pad size: 12" x 24" (except for "Big Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x3/4" (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. CW22-027 Sod and Sod Installation Services 26 10. BERMUDA "CELEBRATIONM, Commercial quality grade as specified by the Southern Seed Certification Association, Inc. Celebration TM Bermuda grass is highly drought tolerant and quite visually appealing with its dark, blue-green color. With its low growing patterns and tough runners, Celebration TM requires less mowing than many other Bermuda grasses. ➢ Bermuda sod shall be of premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess characteristics upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2) years old. ➢ Machine cut pad size: 12" x 24" (except for "Big Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x 3/" (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. 11. BERMUDA "TIFTUT" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. TifTuf maintains turf quality under drought stress; it does not go drought -dormant like other warm season lawns. Rather, it holds acceptable green color, even during the tough droughts we endure here in the Deep South. ➢ Bermuda sod shall be of premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess characteristics upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2) years old. ➢ Machine cut pad size: 12" x 24" (except for "Big Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x 3/" (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. 12. BERMUDA "LATITUDE 36 TM,, Commercial quality grade as specified by the Southern Seed Certification Association, Inc. Latitude 36 demonstrates resistance to spring dead spotting and is one of the most cold -hardy bermudagrasses. It also offers high traffic tolerance and an exceptional visual appeal. ➢ Bermuda sod shall be of premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess characteristics upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2) years old. ➢ Machine cut pad size: 12" x 24" (except for "Big Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x 3/" (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. 13. BERMUDA "TIFDWAFT" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. Tifdwarf has wide adaptation throughout the warm -humid and warm semi-aird climate of the southern United States. Fine texture and relatively high shoot density. Good low temperature hardiness. Minimal seed head formation. ➢ Bermuda sod shall be of premium grade and sand grown. No broadleaf weeds and no more than two percent (2%) of any other grass or weeds. Sod shall possess characteristics upper surface pubescence. Sod shall be well matted with strong developed roots and be not less than two (2) years old. ➢ Machine cut pad size: 12" x 24" (except for "Big Roll Bermuda sod" which shall be delivered as harvested 42" wide x 100' long rolls) x3/4" (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. 14. PASPALUM "SEADWARFTM11 Commercial quality grade as specified by the Southern Seed Certification Association, Inc. SeaDwarf is a medium- to fine -textured seashore CW22-027 Sod and Sod Installation Services 27 paspalum that was selected on the basis of its dwarf growth habit, tolerance of low cutting height, turf density, fine -textured growth, and apparent salt tolerance under field conditions. ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. ➢ Machine cut pad size: 12" x 24" x3/4 " (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. 15. PASPALUM "SEAISLE SUPREME" Commercial quality grade as specified by the Southern Seed Certification Association, Inc. Seaisle Supreme has a very fine leaf blade with excellent green color that can be closely mowed to heights of 1/8 inch to 3 inches. The grass is a very aggressive grower and can be grown in and playable two to three weeks faster that other Paspalums. ➢ Sod shall be well matted with strong developed roots and be not less than two (2) years old, free of weeds and undesirable native grasses. ➢ Machine cut pad size: 12" x 24" x3/4 " (+'/4") excluding top growth and thatch. Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. 16. ZOYSIA "ULTIMATE FLOW" Ultimate Flora° Zoysia, a variety of Zoysia japonica, was developed in Florida by researchers at the University of Florida. This grass is a patented product of the University of Florida Turf Program. It was selected and bred for darker leaf color, fewer seed heads, a more refined leaf structure and, depending on location, faster growth rate than the long-standing Meyer zoysia grass. Ultimate Flora® Zoysia is well suited for use in parks and common areas in warm -season climates. Growers of Ultimate Flora® Zoysia shall be licensed by Environmental Turf, Inc. ➢ Sod pieces shall be 16" x 24" x'/2" excluding top growth and thatch. Must be free of weeds or other grasses. Sod shall be well matted with strong developed roots and be not less than six (6) months old. ➢ Each pallet shall contain a minimum of 400 square feet and be cut within twenty-four (24) hours prior to delivery. ➢ Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. ➢ Sod containing Bermuda grass will not be accepted 17. CENTIPEDE "HAMMOCK°" Hammock° Centipede is a patented product of the University of Florida Turf Program. It is more heat tolerant than other Centipede cultivars. It was bred in South Florida and developed for use as a lawn that can stand up to the summer heat. Low -maintenance features make it highly attractive. Once established, it will need to be mowed less than six (6) times per year. It is suitable for roadways, medians and public common area lawns. Probably not suitable for high -traffic areas. Finer texture than St. Augustine grasses. Darker green color than many existing varieties of Centipede. Growers of Hammock Centipede shall be licensed by Environmental Turf, Inc. ➢ Sod pieces shall be 16" x 24" x'/4" excluding top growth and thatch. Must be free of weeds and other grasses. Sod shall be well matted with strong developed roots and be not less than six (6) months old. ➢ Each pallet shall contain a minimum of 400 square feet and be cut within twenty-four (24) hours prior to delivery. ➢ Must be mowed two (2) days prior to cut and able to remain intact when suspended vertically with a firm grasp on upper 10% of pad. ➢ Sod must be viable (not dormant) and capable of vigorous growth when planted. ➢ Sod containing Bermuda grass will not be accepted. 18. WILDFLOWER SOD Wildflower sod is a lush mat of wildflower plants with these flowers in sod form. The sod is easily laid in place and is a popular alternative to a manicured CW22-027 Sod and Sod Installation Services 28 garden, as they are low maintenance requiring little water and reduce mowing frequency once established. Unlike popular belief, wildflowers are difficult to germinate from seed (most have a germination rate of 50% to 70%). Wildflower sod is the perfect answer because over 3/ of the seeds are already germinated and grown approximately 3-6 inches. ➢ Wildflower sod shall be furnished in using the same machine cut pad size: 12" x 24" x 3/4" (+ 1�4 "). ➢ The sod pads shall be composed of densely packed, at least 75mm tall — approx. 3 inches — perennial wildflower plants with well-developed root systems. ➢ Plants shall be mature enough to bloom within six (6) to eight (8) weeks after planting. ➢ The Wildflower sod shall contain a minimum of 4-5 varieties of hardy, native, perennial plants, and all must contain plants compatible with both Zone 10 and Zone 11. ➢ Sod shall contain a mix of native wildflowers within a sod form to include but not limited to: • Coreopsis Verticillata • Coreopsis Grandiflora • Coreopsis Tinctoria • Gaillardia Pulchella • Dune Sunflower • Coneflower THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK. CW22-027 Sod and Sod Installation Services 29 SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 ESTIMATATED ANNUAL QUANTITIES BY ZONE NOTE: The prices stated shall include all costs and expenses for taxes, labor, equipment, materials, commissions, transportation charges and expenses, labor for handling material, together with any and all other costs and expenses for performing and completing work, to include all pallet costs and/or deposits. Quantities below are represented as square footage. Map of Pricing Zone is attached herein as Exhibit "A". 1 1. North Broward/Palm Beach County: From Commercial Boulevard ...... North including Palm Beach County and all areas east and west within both county lines. Estimated quantities represent anticipated yearly requirements for Cities of Boynton Beach, Greenacres, Parkland, Margate, Coral Springs. r--------T-------------------------------r-------7 i GROUP i DESCRIPTION i NORTH i Group 1 St. Augustine "Floratam" 82,125 Group 2 St. Augustine "Citrablue" Group 3 St. Augustine "Palmetto" 49,000 Group 4 Bahia "Argentine" Group 5 Bahia "Pensacola" 15,000 Group 6 Bermuda "TifWay 419 - Certified" 94,560 Group 7 Bermuda "TifWay 419 - Uncertified" 475,060 Group 8 Bermuda "TifEagle - Certified" 2,000 Group 9 Bermuda "TifGreen 328 - Certified" Group 10 Bermuda "Celebration" 227,700 Group 11 Bermuda "Tif7ut" Group 12 Bermuda "Laditude 36" Group 13 Bermuda "TifDwarf" Group 14 Paspalum "SeaDwarf" Group 15 Paspalum "SeaAisle" Group 16 Zoysia "Ultimate Flora" Group 18 Centipede "Hammock" I I L Group 19 L---------L-------------------------------L-------1 Wildflower sod - CW22-027 Sod and Sod Installation Services 30 2. Central Broward: Between Commercial Boulevard Fand4 Griffin Road, including all areas east and west within Broward County line. Estimates represent anticipated yearly requirements for Town of Davie, Cities of Sunrise and Wilton Manors. GROUP i DESCRIPTION i CENTRAL Group 1 St. Augustine "Floratam" 187,000 Group 2 St. Augustine "Citrablue" - Group 3 St. Augustine "Palmetto" - Group 4 Bahia "Argentine" 185,000 Group 5 Bahia "Pensacola" 2,000 Group 6 Bermuda "TifWay 419 - Certified" - Group 7 Bermuda "TifWay 419 - Uncertified" - Group 8 Bermuda "TifEagle - Certified" - Group 9 Bermuda "TifGreen 328 - Certified" - Group 10 Bermuda "Celebration" 111,000 Group 11 Bermuda "TifTut" - Group 12 Bermuda "Laditude 36" - Group 13 Bermuda "TifDwarf" - Group 14 Paspalum "SeaDwarf" - Group 15 Paspalum "SeaAisle" - Group 16 Zoysia "Ultimate Flora" 2,000 Group 18 Centipede "Hammock" - Group 19 ! Wildflower sod ! - CW22-027 Sod and Sod Installation Services 31 3 1 South Broward/M iam i -Dade: From Griffin Road...... South, including Miami -Dade County and all areas east and west within both county lines. Estimated quantities represent anticipated yearly requirements for Cities of Coral Gables, Hallandale Beach, Miami Beach, North Miami Beach, and Pembroke Pines GROUP i DESCRIPTION i SOUTH Group 1 i St. Augustine "Floratam" i 116,000 Group 2 St. Augustine "Citrablue" 10,000 Group 3 i St. Augustine "Palmetto" i 148,000 i i Group 4 Bahia "Argentine" 80,750 i i Group 5 Bahia "Pensacola" 75,000 i i Group 6 Bermuda "TifWay 419 - Certified" 150,000 i i Group 7 Bermuda "TifWay 419 - Uncertified" - i i Group 8 Bermuda "TifEagle - Certified" - i i Group 9 Bermuda "TifGreen 328 - Certified" - i i Group 10 Bermuda "Celebration" 35,000 i i Group 11 Bermuda "TifTut" 2,000 Group 12 i Bermuda "Laditude 36" i 2,000 i i Group 13 Bermuda "TifDwarf" - Group 14 i Paspalum "SeaDwarf" i - Group 15 i Paspalum "SeaAisle" i - Group 16 i Zoysia "Ultimate Flora" i - Group 18 i Centipede "Hammock" i - Grouo 19 ! Wildflower sod ! - CW22-027 Sod and Sod Installation Services 32 SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 BIDDERS SUBMISSION REQUIREMENTS Submittal of General Information and Procurement Forms and Documents Procurement forms must be completed, signed, notarized, uploaded, and or acknowledged when required and submitted. In addition, all other requests and supporting documentation should be included. a) Online Acknowledgement ❑Bidder Acknowledgement ❑Addenda Acknowledgement ❑Palm Beach Inspector General ❑Confirmation of Drug Free Workplace b) Online Forms ❑Confirmation of Minority Owned Business ❑Letter of Interest ❑References ❑Schedule of Sub -Contractors C) Upload Online ❑Bid Form ❑Bidder's Qualification Statement ❑Anti -Kickback Affidavit ❑Non -Collusion Affidavit of Proposer ❑Certification Pursuant to Florida Statute § 287.135 ❑E -Verify Form Pursuant to Florida Statute § 448.095 ❑Submit current Florida Professional License, including evidence of possession of required licenses or business permits / W-9 ❑Submit any Supplemental information relative to this BID CW22-027 Sod and Sod Installation Services 33 APPENDIX "A THE DOCUMENTS BEHIND THIS PAGE MUST ACCOMPANY PROPOSAL COMPLETED AND UPLOADED ONLINE CW22-027 Sod and Sod Installation Services 34 BID FORM SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 TO IB IE COMPLETED TE ILS AV's ILS UPLOADED O V' ILMI V' IE The City of Boynton Beach is seeking qualified Contractors for sod and sod installation services at various locations within Palm Beach, Broward and Miami Dade Counties. Submitted By: Date: To furnish and deliver all materials and to do and perform all WORK in accordance with the Bid Documents, as follows: The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into a contract with the CITY to perform and furnish all WORK as specified herein for the Contract Price and within the Contract Period indicated in this Bid. 2. This Bid will remain subject to acceptance for ninety (90) days after the day of Bid opening. BIDDER will sign and submit the necessary documents required by the CITY within ten (10) days after the date of CITY's Award Letter. 3. In submitting this Bid, BIDDER represents, as more fully set forth in the Contract, that BIDDER has examined the Bid Documents, including all addenda. Receipt of all of which is hereby acknowledged; BIDDER has familiarized itself with the nature and extent of the Bid Documents, locality, and all local conditions and laws and regulations that in any manner may affect the cost, progress, performance, or furnishing of the WORK. C. BIDDER has given the CITY written notice of all conflicts, errors, or discrepancies that it has discovered in the Bid Documents and the written resolution thereof by the CITY is acceptable to BIDDER. 4. BIDDER proposes to furnish the WORK in conformity with the specifications listed. The Bid Prices quoted have been checked and certified to be correct. Such Bid Prices are fixed and firm and shall be paid to BIDDER for the successful completion of its obligation as specified in the Bid Documents. CW22-027 Sod and Sod Installation Services 35 5. Communications concerning this Bid shall be as follows: Contact Person Business Address City, State, Zip Code Business Phone Number Email Address Cell Phone Number 6. Other pertinent information is as follows: License Number (Please Attach Copy) Federal Tax ID# Federal Employment ID # Submitted on this day of , 20_ a. (If an individual, partnership, or non -incorporated organization) Signature of BIDDER By b. (If a corporation) (Affix Seal) Signature of BIDDER By Attested by Secretary Incorporated under the laws of the State of CW22-027 Sod and Sod Installation Services 36 Mx BIDDER'S QUALIFICATION STATEMENT SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 "TO IIL E COII III' IIL.IIETIIED AND t.1III' IIL.OAIDIED OIISIIL.IIIIISIIS The undersigned certifies under oath the truth and correctness of all statements and of all answers to questions made hereinafter: Submitted By: Name: Address: City, State, Zip: Telephone No.: Email Address.: i, --I. t -%-- Corporation Partnership Individual Other 1. State the true, exact, correct and complete name of the partnership, corporation, trade or fictitious name under which you do business and the address of the place of business. The correct name of the Proposer is: The address of the principal place of business is: 2. If Proposer is a corporation, answer the following: a. b. C. d. e. f. g. Date of Incorporation: State of Incorporation: President's name: Vice President's name: Secretary's name: Treasurer's name: Name and address of Resident Agent: CW22-027 Sod and Sod Installation Services 37 3. If Proposer is an individual or a partnership, answer the following: a. Date of organization: b. Name, address and ownership units of all partners: C. State whether general or limited partnership: 4. What is the last project of this nature that you have completed? 5. If Proposer is other than an individual, corporation or partnership, describe the organization and give the name and address of principals: 6. If Proposer is operating under a fictitious name, submit evidence of compliance with the Florida Fictitious Name Statute. 7. How many years has your organization been in business under its present business name? Under what other former names has your organization operated? 8. Have you ever failed to complete work awarded to you. If so, when, where, and why? 9. List the pertinent experience of the key individuals of your organization (continue on insert sheet, if necessary). 10. Indicate registration, License Numbers, or Certificate Numbers for the business or professions, which are the subject of this Bid. Attach Certificate of Competency and or State Registration. 11. Will you sublet any part of this WORK? If so, give details. 12. State the name and address of the Attorney, if any, for the business. CW22-027 Sod and Sod Installation Services 38 13. State the names and addresses of all businesses and/or individuals who own and interest of more than five percent (5%) of the Bidder's business and indicate the percentage owned of each such business and/or individual: 14. State the names, addresses, and the type of business of all firms that are partially or wholly owned by the bidder: 15. 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: 16. What will be your turnaround time for written responses to the City's inquires? 17. Is the financial statement submitted with your bid (if applicable) for the identical organization name for Question #1? YES Li NO Li 18. If not, explain the relationship and financial responsibility of the organization whose financial statement is provided (e.g., parent -subsidiary). 19. 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. 20. List all claims, arbitrations, administrative hearings, and lawsuits brought by or against the Bidder or its predecessor organization(s) during the last five (5) years. The list shall include all case names, case arbitration or hearing identification numbers, the name of the project in which the dispute arose, and a description of the subject matter of the dispute. 21. Is the Bidder currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, specify in detail the circumstances and prospects for resolution. 22. Bank References (include name, job title, address, and telephone number of contact person) — Minimum 1 23. Annual Average Services Revenue of the Proposer for the last three years as follows: Revenue Index Number a. I Government Related Work CW22-027 Sod and Sod Installation Services 39 b. Non -Governmental Related Work Total Work (a +b): 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 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 24. Provide description of policies and methods for project monitoring and budgeting control as well as adherence to project schedule. 25. Provide a description of quality assurance/quality control management methods. The BIDDER acknowledges and understands that the information contained in response to this Qualification's Statement shall be relied upon by CITY in awarding the contract and such information is warranted by BIDDER to be true. The discovery of any omission or misstatement that materially affects the BIDDER'S qualifications to perform under the contract shall cause the CITY to reject the Bid, and if after the award, to cancel and terminate the award and/or contract. The BIDDER also acknowledges that all information listed above may be checked by the CITY and authorizes all entities or persons listed above to answer any and all questions. BIDDER hereby indemnifies the CITY and persons or entities listed above and holds them harmless from any claim arising from such authorization or the exercise thereof, including the dissemination of information requested above. Subscribed and sworn to before me This day of 12022 CW22-027 Sod and Sod Installation Services (Signed) (Title) Notary Public (Signature) My Commission Expires: 40 ANTI -KICKBACK AFFIDAVIT SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 "TO IIL E C OII III' IILJ TIIED AND U III' IIL.OAIDIQD OIIS IILJ IIS IIS STATE OF FLORIDA ) COUNTY OF PALM BEACH I, the undersigned hereby duly sworn, depose and say that no portion of the sum herein submitted will be paid to any employees of the City of Boynton Beach as a commission, kickback, reward of gift, directly or indirectly by me or any member of my integrator or by an officer of the corporation. Sworn and subscribed before me this day of NOTARY PUBLIC, State of Florida at Large "OFFICIAL NOTARY SEAL" STAMP CW22-027 Sod and Sod Installation Services By: NAME - SIGNATURE 12022 Printed Information: NAME TITLE COMPANY 41 NON -COLLUSION AFFIDAVIT OF PROPOSER SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 "TO IIL E C QIS III' IILJ TIIED AND t.1III' IIL.OAIDIQD GIS IIL.III IIS IIS State of ) County of ) 1) He is (Title) has submitted the attached BID: , being first duly sworn, deposes and says that: of , the proposer that (Name of Corporation or Integrator) 2) He is fully informed respecting the preparation and contents of the attached submittal and of all pertinent circumstances respecting such submittal; 3) Said BID is genuine and is not a collusive or sham BID; 4) Further, the said bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, directly or indirectly with any other Bidder, integrator or person to submit a collusive or sham BID in connection with the Contract for which the attached BID has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communications or conference with any other bidder, integrator or person to fix the price or prices in the attached BID or of any other bidder, or to fix any overhead, profit or cost element of the BID price or the BID price of other proposer or to secure through any collusion, conspiracy, connivance or unlawful agreement any advantage against the City of Boynton Beach or any person interested in the proposed Contract; and 5) The price or prices quoted in the attached bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. Subscribed and sworn to before me This day of CW22-027 Sod and Sod Installation Services 20 (Signed) (Title Notary Public (Signature) My Commission Expires: 42 CERTIFICATION PURSUANT TO FLORIDA STATUTE § 287.135 SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 "TO IIL E C QIS III' IIL.IIETIED AND t.1III' IIL OAIDIQD GIS IIL.III IIS IIS I, , on behalf of that Print Name and Title does not: Company Name Company Name 1. Participate in a boycott of Israel; and 2. Is not on the Scrutinized Companies that Boycott Israel List; and 3. Is not on the Scrutinized Companies with Activities in Sudan List; and 4. Is not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List; and 5. Has not engaged in business operations in Syria. certify Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Consultant of the City's determination concerning the false certification. The Consultant shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Consultant does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Florida Statute § 287.135. Section 287.135, Florida Statutes, prohibits the City from: 1) Contracting with companies for goods or services if at the time of bidding on, submitting a proposal for, or entering into or renewing a contract if the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, F.S. or is engaged in a boycott of Israel; and 2) Contracting with companies, for goods or services that are on either the Scrutinized Companies with activities in the Iran Petroleum Energy Sector List, created pursuant to s. 215.473, or are engaged in business operations in Syria. As the person authorized to sign on behalf of the Consultant, I hereby certify that the company identified above in the section entitled "Consultant Name" does not participate in any boycott of Israel, is not listed CW22-027 Sod and Sod Installation Services 43 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. *61OVA IWF-Al ► Ira ►/G1►AI `7[e]►/TA1101:0 PRINT NAME TITLE DATE CW22-027 Sod and Sod Installation Services 44 C�7 u CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES "TO IIL E C QIS III' IIL.IIETIIED AND U III' IIL.OAIDIQD GIS IIL.III IIS IIS Project Name: SOD AND SOD INSTALLATION SERVICES Solicitation No.: CW22-027 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. CW22-027 Sod and Sod Installation Services 45 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notifythe Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Company Name: Authorized Signature: Print Name: Title Date: Phone: STATE OF ) COUNTY OF ) The foregoing instrument was acknowledged before me by means of ❑ physical presence or ❑ online notarization, this day of by on behalf of He/she is personally known to me or has produced as identification. CW22-027 Sod and Sod Installation Services NOTARY PUBLIC (Name of Notary Typed, Printed or Stamped) 46 Title or Rank Serial number, if any SOD AND SOD INSTALLATION SERVICES BID No.: CW22-027 BID PROPOSAL TO THE CITY OF BOYNTON BEACH, FLORIDA TO IB TE IR ') IIS TO IB IIS ') 1') IIS IISTE IL. IIS 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 requested product and services required. The undersigned proposes to deliver the service in accordance with the specifications for "Sod and Sod Installation Services for an initial two (2) year period for the prices outline below. Group 1 ST. AUGUSTINE "FLORATAM" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of delivery $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ - Site re aration — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot (sf) $ - $ - $ - Truckload price (TL) $ - $ - $ - Number of pallets per truckload Number of square feet per pallet CW22-027 Sod and Sod Installation Services 47 Group 2 ST. AUGUSTINE "CITRABLUE" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price TL $ - $ - $ - Number of pallets per truckload Number of square feet per pallet Group 3 ST. AUGUSTINE "PALMETTO" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot (sf) $ - $ - $ - Truckload price TL $ - $ - $ - Number of pallets per truckload Number of square feet per pallet CW22-027 Sod and Sod Installation Services 48 Group 4 BAHIA "ARGENTINE" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of delivery $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price (TL) $ - $ - $ - Number of pallets per truckload Number of square feet per pallet Group 5 BAHIA "PENSACOLA" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price TL $ - $ - $ - Number of pallets per truckload Number of square feet per pallet CW22-027 Sod and Sod Installation Services 49 Group 6 BERMUDA "TifWay 419 — CERTIFIED" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price (TL) $ - $ - $ - Number of pallets per truckload Number of square feet per pallet Group 7 BERMUDA "TifWay 419 — UNCERTIFIED" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price TL $ - $ - $ - Number of pallets per truckload Number of square feet per pallet CW22-027 Sod and Sod Installation Services 50 Group 8 BERMUDA "TifEagle — CERTIFIED" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price (TL) $ - $ - $ - Number of pallets per truckload Number of square feet per pallet Group 9 BERMUDA "TifGreen 328 — CERTIFIED" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price TL $ - $ - $ - Number of pallets per truckload Number of square feet per pallet CW22-027 Sod and Sod Installation Services 51 Group 10 BERMUDA "CELEBRATION" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - Rolls under 2,000 sf, picked up by agency $ - $ - $ - Rolls under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Rolls over 2,000 sf or more — but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot (sf) $ - $ - $ - Truckload price (TL) $ - $ - $ - Number of pallets per truckload Number of square feet per pallet Group 11 BERMUDA "TifTut" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of delivery $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ - Site re aration — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot (sf) $ - $ - $ - Truckload price (TL) $ - $ - $ - Number of pallets per truckload Number of square feet per pallet CW22-027 Sod and Sod Installation Services 52 Group 12 BERMUDA "LATITUDE 36" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of delivery $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price (TL) $ - $ - $ - Number of pallets per truckload Number of square feet per pallet Group 13 BERMUDA "TifDwarf" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price TL $ - $ - $ - Number of pallets per truckload Number of square feet per pallet CW22-027 Sod and Sod Installation Services 53 Group 14 PASPALUM "SeaDwarf" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of delivery $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price (TL) $ - $ - $ - Number of pallets per truckload Number of square feet per pallet Group 15 PASPALUM "Sealsle Supreme" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price TL $ - $ - $ - Number of pallets per truckload Number of square feet per pallet CW22-027 Sod and Sod Installation Services 54 Group 16 ZOYSIA "ULTIMATE FLORA" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of delivery $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price (TL) $ - $ - $ - Number of pallets per truckload Number of square feet per pallet Group 17 CENTIPEDE "HAMMOCK" NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of deliver $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price TL $ - $ - $ - Number of pallets per truckload Number of square feet per pallet CW22-027 Sod and Sod Installation Services 55 Group 18 WILDFLOWER SOD NORTH CENTRAL SOUTH Under 2,000 sf, picked up by agency $ - $ - $ - Under 2,000 sf, delivered & unloaded $ - $ - $ - 2,000 sf or more, but less than a truckload, delivered & unloaded $ - $ - $ - Sod Installation — at time of delivery $ - $ - $ - Sod Installation — for sod provided by others $ - $ - $ Site preparation — per hour $ - $ - $ - TOTAL $ - $ - $ - TRUCKLOAD PRICING Direct from sod farm, delivered, unloaded, and installed Truckload rate per square foot sf $ - $ - $ - Truckload price (TL) $ - $ - $ - Number of pallets per truckload Number of square feet per pallet CW22-027 Sod and Sod Installation Services 56 "DRAFT" SUBJECT TO REVISIONS PRIOR TO SIGNING AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH AND VENDOR THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as "the City", and TBD, hereinafter referred to as "Vendor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. PROJECT DESIGNATION. The Vendor is retained by the City to provide Sod and Sod Installation Services, on an as -needed basis per specifications. 2. SCOPE OF SERVICES. The contract with qualified vendors to provide Sod and Sod installation on an "as needed" basis to the City of Boynton Beach and participating governmental entities of the Southeast Florida Governmental Purchasing Cooperative within Miami -Dade, Broward, and Palm Beach Counties, herein referred to at times as "Co -Op Agency/Entity" 3. TIME FOR PERFORMANCE. Work under this Agreement shall commence upon the giving of written notice by the Co -Op Agency/Entity to the Vendor to proceed. The vendor shall perform all services and provide all work products required pursuant to this Agreement. 4. TERM. The initial Agreement period shall be for an initial term of two (2) year, commencing on October 1, 2022 through September 30, 2024. The City reserves the right to renew the agreement for three (3) one-year renewals subject to vendor acceptance, satisfactory performance as determined by the City, and determination by the City that renewal will be in the best interest of the City. An increase in the cost of less than 2% for each extension may be approved by the City administration and does not require Commission approval. 5. PAYMENT. The Vendor shall be paid by the City for completed work and for services rendered in accordance with the Schedule of Prices to this Agreement as follows: a. Payment for the work provided by the Vendor shall be made promptly on all invoices submitted to the City properly, provided that the total amount of payment to the Vendor shall not exceed the total contract price without express written modification of the Agreement signed by the City Manager or designee. b. The Vendor may submit invoices to the City once per month during the progress of the work for partial payment. Such invoices will be checked by the City, and upon approval thereof, payment will be made to the Vendor in the amount approved. C. Final payment of any balance due to the Vendor of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. d. Payment as provided in this section by the City shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment, and incidentals necessary to complete the work. e. The Vendor's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and State for a period of three (3) years after the termination of the Agreement. Copies shall be made available upon request. CW22-027 Sod and Sod Installation Services 57 6. OWNERSHIP AND USE OF DOCUMENTS. All documents, drawings, specifications, and other materials produced by the Vendor in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Vendor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with Vendor's endeavors. 7. COMPLIANCE WITH LAWS. The vendor shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state of Florida, and City of Boynton Beach, ordinances and regulations that are applicable to the services to be rendered under this agreement. 8. INDEMNIFICATION. Vendor shall indemnify, defend and hold harmless the City, its offices, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Vendor's own employees, or damage to property occasioned by a negligent act, omission or failure of the Vendor. 9. INSURANCE. The Vendor shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance with a minimum coverage of $1,000,000 per occurrence and $1,000,000 aggregate for personal injury; and $1,000,000 per occurrence/aggregate for property damage, and professional liability insurance in the amount of $1,000,000 per occurrence to $2,000.000 aggregate with defense costs in addition to limits. Said general liability policy shall name the City of Boynton Beach as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this agreement. 10. INDEPENDENT CONTRACTOR. The Vendor and the City agree that the Vendor is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Vendor nor any employee of Vendor shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or Social Security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Vendor, or any employee of Vendor. 11. COVENANT AGAINST CONTINGENT FEES. The Vendor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Vendor, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Vendor any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 12. DISCRIMINATION PROHIBITED. The Vendor, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 13. ASSIGNMENT. The Vendor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 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. CW22-027 Sod and Sod Installation Services 58 15. TERMINATION. a. The City reserves the right to terminate this Agreement at anytime by giving thirty (30) days' written notice to the Vendor. b. In the event of the death of a member, partner, or officer of the Vendor, or any of its supervisory personnel assigned to the project, the surviving members of the Vendor hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Vendor and the City if the City so chooses. 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 the Vendor shall be sent to the following address: 18. INTEGRATED AGREEMENT. This agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Firm and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Firm. 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 a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: A. Keep and maintain public records required by the CITY to perform the service; B. Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla. Stat. or as otherwise provided by law; C. Ensure that public records that are exempt or that are confidential and exempt from public record disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and, following completion of the contract, Contractor shall destroy all copies of such confidential and exempt records remaining in its possession once the Contractor transfers the records in its possession to the CITY; and D. Upon completion of the contract, Contractor shall transfer to the CITY, at no cost to the CITY, all public records in Contractor's possession All records stored electronically by Contractor must be provided to the CITY, upon request from the CITY's custodian of public records, in a format that is compatible with the information technology systems of the CITY. CW22-027 Sod and Sod Installation Services 59 E. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CITY CLERK'S OFFICE 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA, 33435 561-742-6060 CITYCLERK@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. The contractor further certifies that Contractor is not on the Scrutinized Companies that Boycott Israel list, not on the Scrutinized Companies with Activities in Sudan List, and not on the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or has Contractor been engaged in business operations in Syria. Subject to limited exceptions provided in state law, the City will not contract for the provision of goods or services with any scrutinized company referred to above. Submitting a false certification shall be deemed a material breach of contract. The City shall provide notice, in writing, to the Contractor of the City's determination concerning the false certification. The contractor shall have five (5) days from receipt of notice to refute the false certification allegation. If such false certification is discovered during the active contract term, the Contractor shall have ninety (90) days following receipt of the notice to respond in writing and demonstrate that the determination of false certification was made in error. If the Contractor does not demonstrate that the City's determination of false certification was made in error then the City shall have the right to terminate the contract and seek civil remedies pursuant to Section 287.135, Florida Statutes, as amended from time to time. 21. E -VERIFY 22.1 Contractor certifies that it is aware of and complies with the requirements of Section 448.095, Florida Statutes, as may be amended from time to time and briefly described hereinbelow. 1) Definitions for this Section: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for a salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for a salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2) Registration Requirement; Termination: Pursuant to Section 448.095, Florida Statutes, effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of CW22-027 Sod and Sod Installation Services 60 all newly hired employees. The contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E - Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and C) The Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. The contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than twenty (20) calendar days after the date of termination. Termination of this Contract under this Section is not a breach of contract and may not be considered as such. If this contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of one (1) year after the date of termination. THE REMAINDER OF THE PAGE IS INTENTIONALLY LEFT BLANK CW22-027 Sod and Sod Installation Services 61 This Agreement will take effect October 1, 2022. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. DATED this day of 12022. CITY OF BOYNTON BEACH COMPANY James Stables, Interim City Manager Approved as to Form: Michael D. Cirullo, Jr., City Attorney Attested/Authenticated: Maylee De Jesus, City Clerk CW22-027 Sod and Sod Installation Services (Signature), Company Print Name of Authorized Official Title (Corporate Seal) Attest/Authenticated: Witness Print Name 62 City of Boynton Beach Risk Management Department INSURANCE ADVISORY FORM Under the terms and conditions of all contracts, leases, and agreements, the City requires appropriate coverages listing the City of Boynton Beach as Additional Insured. This is done by providing a Certificate of Insurance listing the City as "Certificate Holder" and "The City of Boynton Beach is Additional Insured as respect to coverages noted." Insurance companies providing insurance coverages must have a current rating by A.M. Best Co. of `B+" or higher. (NOTE: An insurance contract or binder may be accepted as proof of insurance if Certificate is provided upon selection of vendor.) The following is a list of types of insurance required of contractors, lessees, etc., and the limits required by the City: (NOTE: This list is not all inclusive, and the City reserves the right to require additional types of insurance, or to raise or lower the stated limits, based upon identified risk.) TYPE (Occurrence Based Only) MINIMUM LIMITS REQUIRED General Liability General Aggregate $ 1,000,000.00 Commercial General Liability Products-Comp/Op Agg. $ 1,000,000.00 Owners & Contractor's Protective (OCP) Personal & Adv. Injury $ 1,000,000.00 Asbestos Abatement Each Occurrence $ 1,000,000.00 Lead Abatement Fire Damage (any one fire) $ 50,000.00 Broad Form Vendors Med. Expense (any one person) $ 5,000.00 Premises Operations Underground Explosion & Collapse Products Completed Operations Contractual Independent Contractors Fire Legal Liability Professional Liability Aggregate - $1,000,000.00 --------------------------------------------------------------------------------------------------------------------------------------------- Automobile Liability Combined Single Limit $ 1,000,000.00 Any Auto All Owned Autos Hired Autos Non -Owned Autos Excess Liability Each Occurrence to be determined Umbrella Form Aggregate to be determined Worker's Compensation Statutory Limits Employer's Liability Each Accident $ 1,000,000.00 Disease, Policy Limit $ 1,000,000.00 Disease Each Employee $ 1,000,000.00 Property: Homeowners Revocable Permit Builder's Risk Installation Floater Other - As Risk Identified to be determined INSURANCEADVISORYFORM Revised 04/2021 CW22-027 Sod and Sod Installation Services $ 300,000.00 Limits based on Project Cost Limits based on Project Cost 63 *:V:I 1:1 k W_1 CW22-027 Sod and Sod Installation Services 64 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: (561) 742-6310 /_1QQ=1LlIIII Iiv, ILlrem l Thursday, July 21, 2022 11:29 AM CW22-0027 - Sod and Sod Installation Services - Cooperative Closing Date: Wednesday, August 17, 2022 2:30 PM 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 shall govern. Words in strike through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. Question 1: Is there an estimated value or budget? Answer 1: Vendors to provide to participating governmental entities of the Cooperative Group within Miami -Dade, Broward, and Palm Beach sod and sod installation services on an "as needed" basis. Page 732 of 1018 Question 2: Have start dates and end dates for the work been established yet? Answer 2: The current sod and sod installation services contract expires on September 30, 2022. The new contract would begin on October 1, 2022. If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services Page 733 of 1018 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: (561) 742-6310 /_1QQ=1LlIIII Iiv, ILC•�+� Friday, July 29, 2022 1:40 PM CW22-0027 - Sod and Sod Installation Services - Cooperative Closing Date: Wednesday, August 17, 2022 2:30 PM 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 shall govern. Words in strike through type are deletions from existing text. Words in bold, underlined and/or red type are additions to existing text. Question 1: RE: Group 10 Bermuda 'Celebration' page 52; This section has for pricing for rolls in line 1 to 3 and pallets in line 14, Can there be a correction to specify for rolls or pallets for each line item. Page 734 of 1018 Answer 1: Group 10 - Bermuda "Celebration" for North, Central, and South was updated to reflect pallets or rolls. Question 2: Zoysia species "Ultimateflora" is no longer available. The equivalent of certified and reliable Zoysia species are Zoysia "Empire" and Zoysia "Icon". My question is to REPLACE zoysia "ultimateflora" with both or one of the zoysia species that are established, reliable, and available of zoysia "empire "and zoysia "icon" on contract/bid line ? Answer 2: The price proposal page for Zoysia "Ultimateflora" is corrected to reflect Zoysia "Empire" and, a column has been labeled for the pricing for Zoysia "Icon". If you have any further questions or require additional clarification, please submit to the Purchasing representative through the Bidding System only by clicking on the "Submit a Question" button for this specific Solicitation. Sincerely, City of Boynton Beach Financial Services Page 735 of 1018 7.K. Consent Bids and Purchases Over $100,000 9/8/2022 Requested Action by Commission: Approve the one-year extension for RFPs/Bids and/ or piggy -backs for the procurement of services and/or commodities over $100,000 as described in the written report for September 8, 2022 - "Request for Extensions and/or Piggybacks." Explanation of Request: As required, the Finance/Procurement Department submits requests for award to the Commission; requests for approval to enter into contracts and agreements as the result of formal solicitations; and to piggy -back governmental contracts. Options to extend or renew are noted in the "Agenda Request Item" presented to Commission as part of the initial approval process. Procurement seeks to provide an accurate and efficient method to keep the Commission informed of pending renewals and the anticipated expenditure by reducing the paperwork of processing each renewal and/or extension individually and summarizing the information in a monthly report (as required). VENDOR(S) DESCRIPTION OF SOLICIATION SOLICIATION RENEWAL AMOUNT NUMBER TERM Blue Marlin Utilities Water Treatment Plant Sites, City of Boynton September 6, Annual Estimated Investments, Inc. dba Water Storage Tank Sites and Well Beach ITB 034- 2022- Expenditure Cayco Landscaping Sites Landscape Maintenance 2821-18 September 5, Services 2023 $120,000 Waterfield Florida Annual Staffing, LLC dba City of Boca August 1, Estimated Action Labor School Crossing Guard Services Raton Bid No. 2022 - July Expenditure Management 2021-014 31, 2023 $368,064 September 15, Annual Electronic Plan review Submittal and City of Boynton _ Estimated Sages Networks, I nc. Markup Management System with Beach RFP No. September 14, Sept Expenditure Mobile Inspection Software 034-2410-19/EM 2023 $134,450 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: Page 736 of 1018 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D AttacftrTIENI'lt D AttacftrTIENI'lt D A ttac lh rTIE) 111 t D A ttac lh rTIE) 111 t D A ttac lh rTIE) 111 t Description Bid EAE)insioins aind Riggy Backs Oveir $100,000 IRENIIE)W,-'.Ill Il1['1tE)ir'E)St I E)ttENr Cayco I aindscapiing 2022 2023 Noin IRENIIE)W,.-.Ill 11['1tE)ir'E)St I E)ttENr Vill'ICE)II-It & S011 -IS I aindscapiing Ilinc. 2022 2023 IRENIIE)W,-'.Ill II1['1tE)ir'E)St I E)ttENr SagE)S NE)tworks, IIinc- 2022 2023 IRENIIE)W,-'.Ill WatE)rfiE)d F::]oirida w: to 1 1 C dba Achain I abor li ainagE)irT1E)1['1t, 1 1 .0 Page 737 of 1018 CITY OF BOYNTON BEACH REQUESTS FOR BID EXTENSIONS AND PIGGY -BACKS OVER $100,000 September 8, 2022 REQUESTING DEPARTMENT: UTILITIES DEPARTMENT CONTACT: Angela Prymas TERM: September 6, 2022, to September 5, 2023 SOURCE FOR PURCHASE: City of Boynton Beach Bid No 034-2821-18/IT ACCOUNT NUMBER: 401-2811-536.56-98 VENDOR(S): CAYCO ANNUAL ESTIMATE: $120,000 • Utilities Water Treatment Plant Sites, Water Storage Tank Sites and Well Sites Landscape Maintenance Services DESCRIPTION: At the Commission meeting of September 6, 2018, City Commission awarded the bid for Landscape Maintenance Services for Utility Sites to Blue Marlins Investments, Inc. dba Cayco Landscaping and Vincent and Sons Landscaping. This bid was for an initial term of two (2) years, September 6, 2018 to September 5, 2020 with the option for three (3) one-year additional renewals. Vincent & Sons Landscaping declined to renew the Contract for its third year. However, Blue Marlins Investments, Inc. dba CAYCO Landscaping has agreed to renew the Contract for its 31d one-year term with the same terms, conditions and pricing. Renewal term September 5, 2022 — September 6, 2023. REQUESTING DEPARTMENT: DEVELOPMENT DEPARTMENT CONTACT: Adam Temple TERM: September 15, 2022 to September 14, 2023 SOURCE FOR PURCHASE: RFP No. 034-2410-19/EM ACCOUNT NUMBER: 130-2411-524.46-91 VENDOR(S): SAGE NETWORKS, INC. ANNUAL ESTIMATED EXPENDITURE: $134,450.00 DESCRIPTION: At the Commission meeting of September 15, 2020, City Commission awarded the RFP for Electronic Plan Submittal and Markup Management System with Mobile Inspection Software to enhance efficiencies and streamline the permitting processes. The contract initial term was for one (1) year, September 15, 2020 to September 14, 2021 with the option for four (4) one-year renewals exercised separately. The Development Department entered into a contract with Sages Network, Inc. to implement the software in Phases over a period of five (5) years. The Development Department requests to extend the bid term for its 2nd one-year renewal with the same terms, conditions and pricing. Renewal term September 15, 2022 — September 14, 2023. REQUESTING DEPARTMENT: POLICE DEPARTMENT CONTACT: Sophia Stewart TERM: August 1, 2022 to July 31, 2023 SOURCE FOR PURCHASE: Piggyback— City of Boca Raton — Bid No. 2021-014 — School Crossing Guards Services ACCOUNT NUMBER: 130-2110-521.49-17 VENDOR(S): Waterfield Florida Staffing, LLC dba Action Labor Management ANNUAL ESTIMATED EXPENDITURE: $368,064.00 DESCRIPTION: At the Commission meeting of August 17, 2021, City Commission approved the piggyback of City of Boca Raton, Florida Bid No 2021-014 with Waterfield Florida Staffing, LLC dba Action Labor Management for School Crossing Guard Services. The initial contract period was for one (1) year, August 1, 2021 to July 31, 2022 with automatically renewals thereafter for four (4), one-year renewal periods subject to appropriation of funds, satisfactory performance and determination that the contract renewal is in the best interest of the City. The Police Department requests to renew the agreement for the 1 sc one-year renewal with the same terms, conditions and pricing. Renewal term August 1, 2022 — July 31, 2023. 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 17, 2022 Blue Marlin Investments, Inc dba Cayco Landscaping Attn: David Gonzalez, President 1100 NW 15th Avenue Pompano Beach, Florida 33069 VIA EMAIL TRANSMITTAL TO: d onzalez(a)caycolandscapinq.com BID.: LANDSCAPING MAINTENANCE SERVICES FOR UTILITY SITES (WATER TREATMENT PLANTS SITES & WATER STORAGE TANK AND WELL SITES) BID No.: No. 034-2821-18/IT CURRENT BID TERM: SEPTEMBER 6, 2021 — SEPTEMBER 5, 2022 Dear Mr. Gonzalez: The current bid term for "LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES" expires September 5, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach have been very happy with Cayco Landscaping 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, w Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 740 of 1018 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 17, 2022 BID: LANDSCAPING MAINTENANCE SERVICES FOR UTILITY SITES (WATER TREATMENT PLANTS SITES & WATER STORAGE TANK AND WELL SITES) BID No.: 034-2821-18/IT Agreement between the City of Boynton Beach and CAYCO LANDSCAPING. AGREEMENT RENEWAL TERM: SEPTEMBER 6,2022— SEPTEMBER 5, 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) CAYCO LANDSCAPING NAME OF COMPANY Alejandro Rotundo NAME OF REPRESENTATIVE (please print) 6/17/22 DATE arotundo@caycolandscaping.com E-MAIL SIGNATURE Chief Operating Officer TITLE 305-606-1603 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 741 of 1018 The City of Bo nton 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 17, 2022 additional one-year term. -"® No, I do not wish to renew the bid for the foil `ng reason(s) R sa �° g coM' of d��is�r�:°., f roslll � oi iger curaK.i e{l"'eCUVe 4O Sa,iV'oF e, a9 kl Ngo CUrIM:ol �X wr„fa. i VINCENT AND SCS LANDSCAPING, INC. DAVID VINCENT I; ME OF COMPANY SIGNATURE David Vincent NAME QP16tWWIWNTATIVE _06-21-22 DATE DAVID@VANDSLANDSCAPING.COM E-MAIL _PRES TITLE _561-888-1340 (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 742 of 1018 June 17, 2022 Vincent & Sons Landscaping, Inc. Attn: David Vincent 1220 W. Industrial Avenue #5 Boynton Beach, Florida 33426 VIA EMAIL TRANSMITTAL TO: �Jav! BID.: LANDSCAPING MAINTENANCE SERVICES FOR UTILITY SITES (LIFT STATIONS SITES, STORM STATION SITES) BID No.: No. 034-2821-18/IT CURRENT BID TERM: SEPTEMBER 6, 2029 —SEPTEMBER 5, 2022 Dear Mr. Vincent: The current bid term for 'LANDSCAPE MAINTENANCE SERVICES FOR UTILITY SITES)" expires September 5, 2022. The agreement documents allow for three (3) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 2ntl 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 at your earliest convenience. If you should have any questions, please do not hesitate to contact Tarelyn Pratt, Contract Administrator at (561) 742-6308. Sincerely, tp America's Gateway to the Gulf Stream Page 743 of 1018 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 August 22, 2022 Sages Networks, Inc. Attn: Harish Krishna, President 50 Hurt Plaza SE, Suite 1446 Atlanta, GA 30303 VIA EMAIL TRANSMITTAL TO: hkris hna sagesnetworks.com; payyangarC@sagesnetworks.com RFP.: ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE RFP No.: No. 034-2410-19/EM CURRENT BID TERM: SEPTEMBER 15,2021 — SEPTEMBER 14, 2022 Dear Mr. Krishna: The current bid term for "ELECTRONIC PLAN REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE" expires September 14, 2022. The agreement documents allow for four (4) additional one (1) year extensions. The City of Boynton Beach would like to extend the agreement for its 2nd renewal for an additional one-year period with the same terms, conditions, and pricing. Please indicate your response on the following page and return it to Procurement Services via email to pratttbbfl.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*kll & Mara Frederiksen Director of Financial Services tp America's Gateway to the Gulf Stream Page 744 of 1018 Financelprocurement Services 1 oo E, Ocean Avenue Boynton Beach, FL 33435 P,O, Box 310 Baynton Beach, Florida 33425-0310 7-elephone No: (561) 742-6310 August 22, 2022 RFP': ELECTRONIC PLAN! REVIEW SUBMITTAL AND MARKUP MANAGEMENT SYSTEM WITH MOBILE INSPECTION SOFTWARE RFP No.: 834-2410-19/EM Agreement between the City of Boynton Beach and SAGES NETWORKS, INC. AGREEMENT RENEWAL TERM: SEPTEMBER 15, 2022 - SEPTEMBER 14, 2023 yes, I agree to renew the existing agreement under the same terms, cond'itions, and pricing for an additional one-year term. No, I do, not wish to renew the bid forthe following reason(s) SAGES NETWORKS, INC. NAME OF COMPANY SIGNA R NAME OF REPRESENTATIVE (please print) -4 1`7 6 /2-3, bo 2--2- DATE E --MAIL' TITLE America's Gateway to the Gulf Stieorn Page 745 of 1018 Pratt, Tara l n ..... I From: Caldwell, Micha <MCaldwell@ci.boca-raton_fl_us> Sent: Monday, August 22, 2022 11:48 AM To: Pratt, Taralyn Cc: Stewart, Sophia Subject: RE: School Crossing Guard Services Contract = City of Boca Raton 2021-014 Good morning Taralyn Our bids have auto renewal language in them. The Vendor decided not to increase the prices. The initial contract period shall be for one (1) year, automatically renewed thereafter for four (4), one-year renewal periods subject to termination clause(s) as provided herein. Micha Caldwell I Buyer City of Boca Raton, Financia! Services - Purchasing Division 201 West Palmetto Park Road • Boca Raton, FL 33432 Ph (551)393-7872 1 �Lri,_E�IfNgig^ From: Pratt, Taralyn <prattt@bbfl.us> Sent: Monday, August 22, 2022 11:42 AM To: Caldwell, Micha <MCaldwell@ci.boca-raton.fl.us> Cc: Stewart, Sophia <StewartS@bbfl.us> Subject: [EXTERNAL] FW: School Crossing Guard Services Contract - City of Boca Raton 2021-014 Good Morning Micha, Do you have a status on the School Crossing Guard Services contract renewal? Thank you, Taralyn Alf Taralyn Pratt Contract Administrator Financial Services City of Boynton Beach 100 E. Ocean Ave. ( Boynton Beach, Florida 33435 � RIMMEMMM 01."M 1"I'll America's 's °'lataeway tem [W GIUISSI,JrE.wam 1 Page 746 of 1018 2_'� COUNCIL APPROVAL PROCUREMENT RECOMMENDATION TARGET AGENDA DATE: July 27, 2021 Subject: Bid Number: Department: Procurement Method: Bid Opening Date: 816 Notices Issued 0 No -Bids 3 Responses Award to: Contract Period: School Crossing Guard Services 2021-014 Police Services June 8, 2021 Low Responsive Responsible Bidder, Waterflield Florida Staffing, LLC. (dba Action Labor Management), West Palm Beach, FL This is the first year of the contract award period. The, City reserves the option to renew annually subject to appropriation of funds not to exceed a maximum of four (4) one year renewals. Scope: This procurement provides for school crossing guard services to be utilized for the regular and summer school sessions at designated public school locations throughout the City where students walk or ride their bicycles. There are currently eighty-four (84) posts in Boca Raton where school crossing guards are required. Budget, Purchases are estimated in the amount of $674,784 for each annual term. Purchases will be made on an as needed basis (Indefinite Quantity) for each annual term, not to exceed the Department's budgeted funds, as approved or amended by the City Council each fiscal year. Name of Bidder Total Bid Buyer/Sr. Buyer/Asst. P.M.: (Bid evaluation is based on estimated annual usage) Waterfield Florida Staffing, LLC dba Action Labor $674,784 Management The Butter Group of South Florida LLC dba Nextaff $736,722 *The bid submitted by Everything Parking Inc dba Cross Safe was deemed non responsive Approvals: Micha Buyer/Sr. Buyer/Asst. P.M.: Caldwell Purchasing Manager:.Lynn Kunkel Linda C. Financial Services Director: David= MM21.7.15 OMB Director: Sharon McGuire Michael Deputy City Manager: Wolka Page 747 of 1018 REGULAR MEETING J U LY 27, 2021 6:00 PM The meeting will beheld in-person inthe Auditorium atG5QDN.Congress Avenue. 1. 2. ' 3' ROLL C�&=L: Mayor Scott Singer Deputy Mayor Andrea Levine O'Rourke Council Member Yvette Drucker Council Member Monica Mayotte Council Member Andy Thomson 4. AMENDMENTS TO THE AGENDA: 5' MINUTES: A. Minutes ofthe Strategic Planning Workshop ofMay 12.13and June 1.2021 B. Minutes ofthe Workshop Meeting ofJune 7.2D21 C. Minutes ufthe Regular Meeting ofJune 8.2U21 G. : '. BOARD APPOINTMENTS: (Prior toconsideration ofmotions toapprove board appointments, the Mayor shall provide for public rmnme L) A. Boca Raton Housing Authority B. Environmental Advisory Bound O. Parks and Recreation Board E Permitting and Construction Review Board F. Sustainability Advisory Board Page 748 of 1018 CONSENT AGENDA: (Prior to consideration of a motion to approve the Consent Agenda. the Mayor shall provide for public comment. Those items removed from the Consent Agenda will be considered immediately following the vote on the Consent Agenda or as otherwise directed by the City Council.) A. Sealed Bid S�torogl'6-FonkoInspection and Rehabilitation; Requested byUtility Services; Florida Design Contractors, |no.; $2.599.984.00 2) School Crossing Guard Services; Requested byPolice Services; WabarDa|dFlorida Staffing, LLC dbaAction Labor Management; Budgeted Estimate: $674.784.00 _~~_---- 3) Trimming, Pruning and Removal for Public Roadways and Swe|eo; Requested byCity Wide; Alligator Landscaping, Inc., EDJ ree Service, LLC, Landscape Service Professional, Inc.,; KASZ. Inc., Sherlock Tree Company. Inc.; Budgeted Estimate: $200.000.00 4) Painting Services for Recreational Services; Requested byMunicipal Services; J&J Inc. dboEagle Painting; $116.859.00 B. Intergovernmental Agreements 1) Electric Motor and Pump Repair; Requested byUtility Services; Condo Electric Motor Repair Corp; Budgeted Estimate: $290.000.00 2) Fertilizer; Requested byRecreation Services; Dna Landscape Bupp|y, LLC, Sunni)and CoqponaUon, Helena Agri -Enterprises, LLC, HaneU'u LLC; Budgeted Estimate: $230,000.00 3) Municipal Services Complex AHUand Coil R*pducommnta� Requested byMunicipal Services; Johnson Controls, |nc.; C. Sole Source 1) F|owoerveHigh Service Pump; Requested byUtility Services; DXP Enterprises Inc. dboCarter &VerP|anok; $290,995.00 O. Resolution No. 82-2021 A resolution of the City of Boca Raton authorizing the Mayor and City Clerk to execute an Ingress -Egress Easement Deed to the School Board of Palm Beach County over certain lands owned by the City generally located east ofMilitary Trail and south of Spanish River Boulevard-, Regular Agenda 2 JU09962149 of 1018 (DWm :a E ) a G F W Q aLL LU G 9 'LcU a �xX m utm q c .aog 3 o c �LL 0.'G' 4 o m ct t�. Mm UE icn: C3 ui 2. m o 8' m n c c pp ul CA 4H sti b4' Hi: Q 4 O — p 4C1 �p N pO, Q ih i HT K} p •s+ to � u9.m d 4 tl. 0 •5; mom.. Q 4 m 9o roves❑ 04 C14 f'3 Gi . N. N N N N0 E O C p ° U 0° �o p 0 d a N m F m m m di ro u7. A. R y C e c: m m: m. E E.. ua yr co m E U. } U a O' a c e w o m c m. EE' No ami: w F a: 3 a a w CL NN 3 g d C F- �- m u> t= o. a cn w u.. w U 4 t CC! D _ iC t{ Qt a 9 a g s 5 N M e{ N Page 750 of 101 F City of Boca Raton School Crossing Guard Services Bid No. 2021-014 SECTION I: GENERAL TERMS AND CONDITIONS These instructions are standard for all contracts for commodities or services issued through the City of Boca Raton Purchasing Division (hereafter referred to as "City"). The City may delete, supersede, or modify any of these standard instructions for a particular contract by indicating such change in any document related to the Invitation to Bid (ITB). PART I INSTRUCTIONS TO BIDDERS: 1.01 STATEMENT OF PRECEDENCE OF GENERAL TERMS AND CONDITIONS: Any and all Special Conditions contained in this ITB that may be in conflict with these General Terms and Conditions shall have precedence over these General Terms and Conditions. If no changes or deletions to General Terms and Conditions are made in the Special Conditions, then the General Terms and Conditions shall prevail in their entirety. 1.02 GENERAL INFORMATION: These documents constitute the complete set of specification requirements and Bid forms. The Bid submittal, including all Bid sheets and attachments, must be filled in completely, executed and submitted. Bid Tabulations and Award Recommendations will be posted on the Purchasing Division Website at httpse//wwwemvbocavus/253/Tabulations-Award-Recommendations. 1.03 BIDDER NOTIFICATION: Notice of the ITB's will be emailed first to Bidders who have fully registered on the City's online registration system. The City maintains automated vendor e-mail lists for each specific Commodity Code for sending the ITB. Unregistered Bidders may request a notice of a particular Bid, which will be faxed or emailed within a reasonable time frame, for that Bid only. Neither the faxing or emailing of one ITB notice to vendor, or a Bid in return, will register a vendor on the City's registration system. Bidders may register on the City's website by visiting htt-//wwwemvbocavus/244/Su��lier-Registration 1.04 SUBMISSION, RECEIPT, AND OPENING OF BIDS: No Bid shall be considered unless received prior to the Bid opening date and time. No Bidder shall submit more than one Bid response to the ITB. Multiple Bid responses from same Bidder shall be cause for City to reject all Bids from that Bidder. Bidders are encouraged to submit their Bid document via electronic submission when permitted. Bidder's submitting a hard copy Bid in person or by mail should use the proposal forms provided by the City. Failure to use the City ITB forms may cause the Bid to be rejected. No Bid shall be accepted by facsimile, and therefore, any Bid submittals sent via facsimile shall be refected by the City. For hardcopy Bid submittals, the following applies: (1) Bid shall be submitted directly to the Purchasing Office at 201 W. Palmetto Park Road, Boca Raton, FL, 33432 in a sealed opaque envelope; (2) Any erasures or corrections on the ITB forms must be made in ink and initialed by Bidder; (3) All information submitted by the Bidder in the Bid document shall be printed, typewritten or handwritten in ink; (4) Bids shall be signed in ink; (5) When a particular ITB requires multiple copies of Bids, all must be included in a single envelope or package properly sealed and identified with the Bid number and name of Bidder on outside of the package. Bids will be publicly opened in the Purchasing Office, City Hall, 201 W. Palmetto Park Road, Boca Raton, FL or other designated area. Bids will be opened, tabulated and made available for review by Bidders and the public in accordance with applicable regulations. 1.05 ADDENDUMS: The issuance of an addendum(s) is the only official method whereby interpretation, clarification, changes or additional information may be provided by the City. It shall be the responsibility of each Bidder, during and prior to Bid submittal to visit the City of Boca Raton Purchasing Division Bidding Opportunities link at https://brpurch.ionwave.net/CurrentSourcingEvents.aspx or contact the Purchasing Division at 561-393-7871 to determine if addendums were issued to any particular ITB and to obtain such addendums from the Purchasing Division Online bidding website. The City will make every effort to notify registered Bidders by email that an addendum has been made to the Bid. The City shall not be responsible for providing notice of addenda to potential Bidders who receive a Bid package from other sources. Bidders requesting addendums to be sent via U.S. mail or a mail service will be at Bidders' cost and the risk of misdelivery shall be Bidder's. 1.06 NO BIDS: If you do not intend to Bid, please indicate the reason and return a no -bid response to the City. Failure to Bid or return no Bid comments, prior to the Bid due date, may result in your firm being deleted from the City's Bidder registration system. Page 1 Page 751 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 Part II DEFINITIONS: 2.01 BIDDING DEFINITIONS The City will use the following definitions in its General Terms and Conditions, Special Conditions, technical specifications, instructions to bidders, addenda, and any other document used in the bidding process: AWARD — The written notice from the Purchasing Manager of the acceptance of a Bid or proposal deemed by the proper authority of the City to be in the best interests of the City. BID — a price and terms quote received in response to an ITB. BIDDER/SUPPLIER — Person or firm submitting a Bid. BUSINESS DAYS- Monday through Friday, excluding National Holidays CALENDAR DAYS — Monday through Sunday, including National Holidays CONTRACT — Any agreement, regardless of style or form, for the procurement of commodities, services, or construction. CONTRACTOR — Successful Bidder or Proposer who is awarded a Purchase Order, award Contract, Blanket Purchase Order agreement, or Term Contract to provide goods or services to the City. DAYS — Calendar Day, Monday through Sunday, including National Holidays INVITATION TO BID (ITB) — All documents, whether attached or incorporated by reference, utilized for soliciting sealed Bids. MAY — Denotes the permissive. RESPONSIBLE BIDDER or Offeror — A person who has the capability in all respects to perform fully the contract requirements, and the tenacity, perseverance, experience, integrity, reliability, capacity, facilities, equipment, and credit which will assure good faith performance. RESPONSIVE BIDDER — A person who has submitted a Bid that conforms in all material respects to the requirements set for in the ITB, or solicitation. SHALL — Denotes the imperative. SUCCESSFUL BIDDER - The best, qualified, Responsible, and Responsive Bidder to whom the City makes an award. PART III BIDDING AND AWARD PROCEDURES: 3.01 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the Bid and the prices quoted in the Bid will remain valid for acceptance by the City for a period of ninety (90) days from the date of Bid opening. 3.02 AWARD AND REJECTION OF BIDS: The City will award to the low Responsive Responsible Bidder whose product or service meets the terms, conditions, and specifications of the ITB as deemed in the City's best interest. The City reserves the right to: (1) accept or reject any or all Bids, part of Bids, and to waive minor irregularities or variations to specifications contained in Bids, and minor irregularities in the bidding process, and at its discretion, request a re -bid; (2) award the contract in accordance with the Special Conditions. In determining the responsiveness of the offer and the responsibility of the Bidder, the following may be considered when applicable: (1) the ability, capacity and skill of the Bidder to perform as required; (2) whether the Bidder can perform promptly, or within the time specified, without delay or interference; (3) the character, integrity, reputation, judgment, experience and efficiency of the Bidder; (4) the quality of past performance by the Bidder; (5) the previous and existing compliance by the Bidder with related laws and ordinances; (6) the sufficiency of the Bidder's financial resources; (7) the availability, quality and adaptability of the Bidder's supplies or services to the required use; and (8) the ability of the Bidder to provide future maintenance, service or parts. The City reserves the right to inspect all facilities of Bidders in order to make a determination as to the foregoing. Failure of Bidder to comply with the conditions set forth in the ITB may result in the Bid being considered non- responsive by the City. 3.03 PRICES QUOTED: Bidder shall deduct trade discounts, and quote firm net prices. If required, the Bidder shall give both unit price and extended total. In the case of a discrepancy in computing the amount of the Bid, the unit price quoted will govern. All prices quoted shall be F.O.B. destination, freight prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special Conditions. Each item must be Bid separately. No attempt shall be made by the Bidder to tie any item or items contained in the ITB with any other business with the City. Page 2 Page 752 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 3.04 MISTAKES: Bidders are cautioned to examine all documents pertaining to the ITB. In the event of extension error(s), the unit price will prevail and the Bidder's total offer will be corrected accordingly. In the event of addition errors, the extended totals will prevail and the Bidder's total will be corrected accordingly. 3.05 TAXES: The City of Boca Raton is exempt from Federal and State taxes on direct purchase of tangible property. The Purchasing Office will supply the successful bidder with an exemption certificate or it may be obtained from the City's website at _https://www.myboca.us/239/Supplier-Information-Help. Vendors or Contractors doing business with the City of Boca Raton shall not be exempted from paying sales tax to their suppliers for materials to fulfill contractual obligations with the City, nor shall any Vendor/Contractor be authorized to use the City's Tax Exemption Number in securing such materials. 3.06 BUSINESS TAX RECEIPT: Bidder shall comply with Business Tax Receipt requirements for their business location. A copy of the business tax receipt or proof of exemption shall be submitted prior to awarding the Bid. 3.07 CONTRACTOR LICENSE: The Bidder Name identified on the Signature of Bidder form shall be fully licensed, to the extend required by Florida or Federal law, at time of Bid opening for type of work to be performed in order for their Bid to be considered. County or locally licensed contractors must be registered with the State of Florida DBPR Construction Industry Licensing Board at time of Bid opening. Copies of all applicable certificates, registrations and licenses must be submitted with the Bid and must be in the name of the Bidder shown on the Signature of Bidder Form. Should the Bidder not be fully licensed/certified, the Bid shall be rejected. 3.08 WARRANTIES OF USAGE: Any quantities listed in the ITB as estimated or projected are provided for tabulation and information purposes only. No warranty or guarantee of quantities is given or implied. The City reserves the right to increase or decrease the total quantities as necessary to meet actual requirements. 3.09 ALTERNATIVES/APPROVED EQUAL/DEVIATIONS: Unless otherwise specified, the mention of the particular manufacturer's brand name or number in the specifications does not imply that particular product is the only one that will be considered for purchase. This reference is intended solely to designate the type or quality of merchandise that will be acceptable. An alternate will be considered, but shall be equal to or better in quality to what was specified and must include descriptive literature and/or specifications. It is the Bidder's responsibility to provide adequate information regarding an alternate to ensure that the Bid meets the required criteria. If adequate information is not submitted with the Bid, the Bid may be rejected. The determination as to whether any alternate is equal or better or is not equal shall be made solely by the City of Boca Raton and such determination shall be final and binding upon all Bidders. 3.10 MINIMUM AND MANDATORY SPECIFICATIONS: The Bid specifications may include items that are considered minimum or required. If any Bidder is unable to meet, or exceed these items, and is of the opinion that the specifications are overly restrictive, Bidder must notify the Purchasing Division immediately. Such notification must be received in writing by the Purchasing Office prior to the deadline contained in the Special Conditions, for questions of a material nature, or prior to seven (7) business days before Bid due date, whichever occurs first. If no such notification is received prior to that deadline, the City will consider the technical specifications to be acceptable to all Bidders and all objections are waived by the Bidder. 3.11 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested by the City to determine suitability. Samples shall be requested after the date of Bid opening, and if requested, shall be provided by Bidder to the City within seven (7) business days of request. Samples, when requested, must be furnished free of expense to the City and if not used in testing or destroyed, and upon request of the Bidder, will be returned within thirty (30) days of Bid award at Bidder's expense. When required, the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond promptly and arrange a demonstration at a location selected by the City. Failure to provide samples or demonstrations as specified by the City may result in rejection of the Bid. 3.12 PUBLIC RECORDS: Bidders are advised that the Sunshine Law and Public Records Act (Chapters 286 and 119, Florida Statutes, respectively) are applicable to the City. Information and materials received by the City in connection with an ITB response, as provided by Florida law, are public records. 3.13 DRUG FREE WORKPLACE PROGRAMS: Preference shall be given to business with Drug -Free Work Place programs. Whenever two or more Bids which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services, the Bidder that provided proof to the City that it has a written Drug Free Work Place program shall be given preference in the award process. Page 3 Page 753 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 3.14 LEGAL REQUIREMENTS: Bidder shall comply with applicable provisions of all federal, state, county laws, City of Boca Raton Code of Ordinances, rules and regulations and the City of Boca Raton Procurement Code. Lack of knowledge of any such provision, by any Bidder, shall not constitute a cognizable defense against the legal effect thereof. Pursuant to Chapter 2 (Administration), Article VIII (Lobbyist Registration), Sections 2-351 through 2-357, Palm Beach County, Florida, Code of Ordinances, any person who acts as a lobbyist must register with Palm Beach County's Central Lobbyist Registration Site, prior to engaging in lobbying activities before City of Boca Raton staff, boards, committees and / or the City Council, or any member thereof. Lobbyist Registration Forms are available at: https://secure.co.palm-beach.fl.us/Irs/Main/Logln.aspx?ReturnUrl=%2flrs%2f 3.15 PROCUREMENT CODE: A copy of the Procurement Code is available for your review at https://wwwemvbocavus/239/Supplier-Information-Help. 3.16 PUBLIC ENTITY CRIMES: In accordance with the provisions of paragraph (2)(a) of Section 287.133, Florida Statues, a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a Bid on a contract to provide any goods or services to a public entity, may not submit a Bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit Bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 3.17 CODE OF ETHICS/CONE OF SILENCE: If any Bidder is found to be in violation of the Code of Ethics of the City of Boca Raton and/or the State of Florida with respect to this Bid, such Bidder may be disqualified from performing the work described in this Bid or from furnishing the goods or services for which the Bid is submitted and may be further disqualified from bidding on any future Bids for work or for goods or services for the City of Boca Raton. A copy of the City and State Ethics Codes is available at the office of the City Clerk, City of Boca Raton, 201 W. Palmetto Park Road, Boca Raton, Florida. Bidder shall comply with all Florida laws relating to conflicts of interest, including Section 112.313, Florida Statutes and shall under appropriate circumstances, submit Form 3A, Interest in Competitive Bid for Public Businesses. This form may be obtained from the City of Boca Raton website at: https://wwwemvbocavus/230/Purchasing-Division The Palm Beach County Lobbyist Registration Ordinance (Sections 2-351 through 2-357 of the Palm Beach County Code of Ordinances) is applicable in the City of Boca Raton. Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance includes a "Cone of Silence" provision that limits communication during the City's procurement process in regard to this Bid. You are required to comply with Section 2-355 of the Palm Beach County Lobbyist Registration Ordinance during this procurement process. The complete Palm Beach County Lobbyist Registration Ordinance, including Section 2-355, may be found on the Palm Beach County Ethics website at http://www.palmbeachcountyethicsego df/Lobbyist Registration Ordinance-2012.pdf. 3.18 NON -COLLUSION: Bidder certifies that this Bid is made without prior understanding, agreement, or connection with any corporation, firm or person submitting a Bid for the same materials, services, supplies, or equipment and is in all respects fair and without collusion or fraud. No premiums, rebates or gratuities permitted; either with, prior to or after any delivery of material or provision of services. Any violation thereof may result in contract cancellation, return of materials or discontinuation of services and may be removed from the vendor Bid list(s). 3.19 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any Bids received and utilize other available governmental contracts, as provided by law, if such action is in its best interest. PART IV INSURANCE 4.01 INSURANCE: The Contractor shall assume full responsibility and expense to obtain all necessary insurance as required by the City. The Contractor shall provide to the Purchasing Division original certificates of current coverage meeting all such requirements and specifications prior to engaging in any activities under this contract. The certificates must list the City as an ADDITIONAL INSURED and shall provide no less than thirty (30) days written notice to the City of cancellation or material change. Further modification of the insurance requirements may be made if circumstances change or adequate protection of the City is not presented. Page 4 Page 754 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 4.02 INDEMNITY/HOLD HARMLESS AGREEMENT: Contractor shall, in addition to any other obligation to defend, indemnify the City of Boca Raton Florida and to the fullest extent permitted by law, indemnify and hold harmless the City of Boca Raton, its officials, and employees, from and against all claims, actions, liabilities, losses (including economic losses), and costs arising out of any bodily injury, sickness, disease or death, or injury to or destruction of tangible property including the loss of use resulting therefrom, or any other damage or loss caused by any negligent act, error or omission, recklessness, or intentionally wrongful conduct of the Contractor, any subcontractor, or anyone directly or indirectly employed by any of them. The indemnification obligations hereunder shall not be limited by any limitation on the amount, type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under any contract or agreement or under worker's compensation acts; disability benefit acts, other employee benefit acts or any statutory bar. Any cost of expenses, including attorney's fees, appellate, bankruptcy or defense counsel fees incurred by the City of Boca Raton to enforce this Indemnification clause shall be borne by the Contractor. The obligations contained in this Indemnification Clause shall continue indefinitely and survive the cancellation, termination, expiration, lapse or suspension of this agreement. This provision shall not be deemed to waive any of the rights or immunities accorded to the City by section 768.28, Florida Statutes, or any other applicable law. PART V PURCHASE ORDER AND CONTRACT TERMS: 5.01 METHOD OF ORDERING: Items shall be ordered via an individual purchase order. 5.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or part thereof, without obligation, if delivery is not made in accordance with the schedule specified in the ITB or as otherwise accepted by the City. Deliveries shall be made in accordance with City of Boca Raton security procedures. 5.03 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to a Bid award shall remain the property of the Bidder until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the terms of the Bid, be of the required quality, new, and the latest model, unless specified in the Special Conditions. All containers shall be suitable for storage and shipment by common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt and satisfactory acceptance of materials or services. 5.04 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES: Items offered may be tested for compliance to Bid specifications. Items delivered which do not conform to Bid specifications may be rejected and returned at Contractor's expense. Any violation resulting in contract termination for delivery of items not conforming to specifications, or late delivery may result in enforcement of all remedies in law or equity or as specified in the City's Procurement Code. 5.05 CHANGES / MODIFICATIONS: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a result of any discussions with any City employee that changes or modifies the requirements of the ITB and or Contract. Only those communications, which are in writing from an authorized representative of the City and the Contractor, in accordance with the City of Boca Raton Procurement Code and or purchasing operating procedures, may vary the terms of the written Bid or contract. 5.06 PAYMENT TERMS, CASH DISCOUNTS AND INVOICES: Payment terms, unless otherwise stated in this ITB, will be considered to be net 30 days after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified, whichever occurs last. Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award. If a Bidder offers a discount, it is understood that the discount time will be computed from the date of satisfactory delivery at the place of acceptance, and receipt of a correct invoice at the office specified, whichever occurs last. Partial billing will not be accepted unless authorized specifically in the Special Conditions. Invoices must be submitted against each individual purchase order. Invoices without a correct and valid purchase order number may not be processed for payment. Page 5 Page 755 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 Request for payment for any and all invoice(s) that may arise as a result of a contract or purchase order issued pursuant to this Bid specification shall minimally meet the following conditions to be considered as a valid payment request: (a) Timely submission of a properly certifiable invoice(s), in strict accordance with the price(s) and delivery elements as stipulated in the contract or purchase order document, submitted to: invoices myboca.us or The City of Boca Raton, Financial Services Department City Hall, 201 W. Palmetto Rd, Boca Raton, FL 33432 PH: 561-393-7727 (b) All invoices submitted shall: consist of an original and one (1) copy; clearly reference the subject contract or purchase order number; provide a sufficient salient description to identify goods or service for which payment is requested; contain the date of delivery; contain an original or legible copy of signed delivery receipt including both manual and printed name of a designated City of Boca Raton employee or authorized agent who received the goods; and identify invoice as "partial" or "final". (c) The invoice shall contain the Bidder's Federal Employer Identification number and clearly reference the Contractor's Business name and address for payment. 5.07 SAFETY STANDARDS: Manufactured items, fabricated assemblies and on-site contractor services shall comply with all applicable federal, state and local requirements. For on-site contractor services, the City reserves the right to request documentation of contractor compliance with OSHA standards to include but not be limited to: required employee safety & health training, written safety and health programs, provision of required personal protective equipment (PPE), and/or provision and use of required atmospheric monitoring equipment. Hazardous chemicals must be accompanied by a Material Safety Data Sheet (MSDS), as required by the Occupational Safety and Health Act (OSHA) of 1970; as amended, and any other applicable federal, state and local regulations. 5.08 ASBESTOS STATEMENT: All material supplied must be 100% asbestos free. Bidder, by virtue of bidding, certifies that if awarded any portion of the ITB, Bidder will supply only material or equipment that is 100% asbestos free. 5.09 OTHER GOVERNMENTAL ENTITIES: When there is sufficient capacity or quantities available, awarded bidder may provide to other governmental agencies, so requesting, the products or services awarded in accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B. Destination to the requesting agency. Each governmental entity allowed to use this contract shall do so independent of any other governmental entity. 5.10 INDEPENDENT CONTRACTOR: Contractor undertakes performance of the services as an independent contractor and shall be wholly responsible for the methods of performance. The Contractor, nor the sub -contractor or their employees or their agents, shall not receive any City benefits, stipend or privileges afforded to City employees. 5.11 ASSIGNMENT: The City and Contractor each binds itself and its directors, officers, partners, successors, executors, administrators, assigns and legal representatives to the other party to this contract. Any assignment, sale, pledge or conveyance of this contract by Contractor must be previously approved in writing by the City. 5.12 NON EXCLUSIVE CONTRACT: Contractor agrees and understands that the contract shall not be construed as an exclusive arrangement and further agrees that the City may, at any time, secure similar or identical services at its sole option. 5.13 TERMINATION FOR CAUSE: If, through any cause, the Contractor shall fail to fulfill in a timely and proper manner its obligations under this ITB/Contract, or if the Contractor shall violate any of the provisions of this contract, the City may, upon written notice to the Contractor, terminate the right of the Contractor to proceed under this contract, or with such part or parts of the contract as to which there has been default, and may hold the Contractor liable for all damages caused to the City by reason of such default and termination. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. The Contractor, however, shall not be relieved of liability to the City for damages sustained by the City by reason of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of setoff, until such time as the amount of damages due to the City from the Contractor can be determined. Page 756 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 5.14 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract in whole or in part by giving written notice to the Contractor thirty (30) days prior to the effective date of such cancellation. In the event of such termination, any completed services performed by the Contractor under this contract shall, at the option of the City, become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the satisfaction of the City. 5.15 TERMINATION FOR GOVERNMENTAL NON -APPROPRIATIONS: The obligation of the City for payment to a Contractor is limited to the availability of funds appropriated in a current fiscal period. Continuation of the contract into a subsequent fiscal period is subject to appropriation of funds, unless otherwise authorized by law, and contract, and shall be terminated without penalty to the City and without any default upon the last day in which funds were last appropriated. 5.16 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account, reports and supporting records in accordance with generally accepted accounting practices and standards for records directly related to this contract for a minimum of (1) year beyond the last day of the contract term. The form of all records and reports shall be subject to the approval of the City. The Contractor agrees to make available for review and audit to the City and or City Consultant, during normal business hours and in Broward, Miami Dade or Palm Beach Counties, all books of account, reports and supporting records relating to this contract for the duration of the contract and for one year following the last day of the contract. 5.17 POST SALE AUDIT ADJUSTMENT: All items sold to the City of Boca Raton as a result of this Bid are subject to Post Sale Audit Adjustment. In the event that an audit reveals the vendor has not honored quoted pricing, price lists or discount structures, vendor will be liable and will be invoiced and collected with (30) days for any and all overstated charges. Failure to remit may result in termination of the contract. 5.18 PERMITS, TAXES, LICENSES: The successful Contractor shall, at his own expense, obtain all necessary permits, pay all licenses, fees and taxes, which comply with all local ordinances, state and federal laws, rules and regulations applicable to business to be carried on under this contract. City of Boca Raton permit fees will be waived by the City; however, fines and penalties will be assessed based upon standard fee structure. 5.19 CONTRACTOR REGISTRATION: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with Florida State Statutes, prior to entering into a contract with the City. Contractors awarded work involving a permit shall register with the City of Boca Raton License Office prior to performing the work. 5.20 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un -patented invention, process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the Bid prices shall include all royalties or costs arising from the use of such design, device, or materials in any way involved in the work. 5.21 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal, state, county, local and municipal laws, ordinances rules and regulations that would apply to this contract. Further, Contractor acknowledges and without exception or stipulation shall be fully responsible for complying with the provisions of the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended. Failure by the awarded firm(s) to comply with the laws referenced herein shall constitute a breach of the award agreement and the City shall have the discretion to unilaterally terminate said agreement. 5.22 COMPLIANCE WITH CITY OF BOCA RATON ORDINANCE: Awarded vendor shall comply with all applicable Boca Raton City Ordinances, including, but not limited to, 16-57, "Display of Identification on Trucks and Related Commercial Vehicles", which mandates vehicles be designated by lettering of two inches minimum size on either side of the vehicle indicating the name and address of the person owning or operating the same for commercial use. 5.23 GOVERNING LAW AND VENUE: Contracts shall be governed by the laws of the State of Florida. Any and all legal action necessary to enforce the contract will be held in Palm Beach County and the Agreement will be interpreted according to the laws of Florida. By entering into this award, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to this award. Page 7 Page 757 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 5.24 NON-DISCRIMINATION: The City of Boca Raton is an equal opportunity employer and prohibits discrimination on the basis of race, color, religion, national origin, sex, age, marital status, disability, and/or political affiliation in all aspects of its personnel policies and procedures, programs, practices and operations. 5.25 CITY POLICIES: Awarded contractor shall comply with the City of Boca Raton Equal Employment Opportunity Policy, Violence in the Workplace Policy, Drug and Alcohol Free Workplace Policy, General Complaint Policy and Sexual Harassment Policy. Copies of these policies may be obtained from the City of Boca Raton Human Resources Division. Violations of these policies may result in cancellation of the contract. 5.26 ADDITIONAL DISCOUNTS: Should sales promotions occur during the term of the contract that lower the price of the procured item or items, the vendor shall extend to the City the lower price offered by the manufacturers or Vendors on any such promotional item. Further, any price decreases effectuated during the contract period by reason of market change, quantity discounts, or otherwise, should be passed on to the City of Boca Raton. 5.27 PUBLIC RECORDS: A. The City of Boca Raton is a public agency subject to Chapter 119, Florida Statutes. A Contractor providing services shall comply with Florida's Public Records Law and therefore shall comply with Section 119.0701, Florida Statutes. Specifically, Contractor shall: 1) Keep and maintain all public records related to the performance of the services. 2) Upon request from the City's custodian of public records, provide the City with a copy of the requested records, or allow the records to be inspected or copied within a reasonable time, at a cost that does not exceed that provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract. 4) Upon completion or other termination of the contract, keep and maintain the public records required by the City to perform the services. Contractor shall meet all applicable requirements for retaining public records set out in Florida law. 5) In addition to maintaining the records pursuant to Paragraph Number 4 above, provide to the City all records that were stored electronically by Contractor, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the CITY. B. The failure of Contractor to comply with the provisions set forth in this Article, or to comply with the City's request for records, shall constitute a default and breach of this Agreement, and the City shall, in its discretion, pursue any and all remedies against Contractor provided for under this contract or at law. C. IF CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 561-393-7740, BRCITYCLERKLMYBOCA.US, CITY HALL, CITY CLERK, 201 W. PALMETTO PARK ROAD, BOCA RATON, FL 33432. 5.28 SCRUTINIZED COMPANIES A. Pursuant to Section 287.135, Contractor is ineligible to enter into, or renew, this Contract if Contractor is on the Scrutinized Companies that Boycott Israel List (as identified in Section 215.4725, Florida Statutes), or is engaged in a boycott of Israel. B. By entering into this Contract, Contractor certifies that Contractor is not on the Scrutinized Companies that Boycott Israel List, and that Contractor is not engaged in a boycott of Israel. C. Contractor shall notify the City if, at any time during the term of this Contract, Contractor is placed on the Scrutinized Companies that Boycott Israel List, or that Contractor is engaged in a boycott of Israel. Such Page 8 Page 758 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 notification shall be in writing and provided by Contractor to the City within ten (10) days of the date of such occurrence. D. In the event the City determines, using credible information available to the public, that Contractor has submitted a false certification or Contractor is found to have been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel, the City may, in its sole discretion, terminate this Contract and seek a civil penalty, and other damages and relief, against Contractor, pursuant to Section 287.135, Florida Statutes. In addition, the City may pursue any and all other legal remedies against Contractor. E. Contractor shall not seek damages, fees, or costs against the City in the event the City terminates the Contract pursuant to this provision. 5.29 E -VERIFY By entering into this Contract, the Contractor becomes obligated to comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility." This includes but is not limited to utilization of the E -Verify System to verify the work authorization status of all employees hired after January 1, 2021 (as well as contractual employees whose contract is renewed after January 1, 2021), and requiring all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. Failure to comply will lead to termination of this Contract, or if a subcontractor knowingly violates the statute, the subcontract must be terminated immediately. Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. If this Contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. Should Contractor violate the requirements of Section 448.095, Fla. Stat., they shall be liable for any additional costs incurred by the City as a result of the termination of the Contract. Page 9 Page 759 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 SECTION II: SPECIAL CONDITIONS PART I INSTRUCTION TO BIDDERS: 1.01 INSTRUCTIONS TO BIDDERS: The City of Boca Raton, Florida is seeking Bids from qualified bidders for School Crossing Guard Services, Bid No. 2021-014. The purpose of this bid is to establish a term contract for School Crossing Guard Services at locations specified by the City. This Bid package contains all of the information and documents necessary to prepare and submit a responsive Bid. Bidders are cautioned to read all of the documentation provided. Bidder will be responsible for complying with all requirements identified herein. The City of Boca Raton shall not be responsible for the content of Bid response packages or addenda received from any third party source. Due date and time for Bid response: Bid shall be received prior to 3:00 p.m. on June 8, 2021. HOW TO RESPOND TO THIS BID Either of the following two options may be utilized by a Bidder to submit a sealed Bid response. A. Submission of the Bid response by electronic transmission using the City's electronic bid system located at https:Hbrpurch.ionwave.net/. In order to submit the bid electronically: (1) the Bidder must print the Bid documents; (2) all required bid data/information must be added to the Bid documents and included forms; (3) an individual authorized to contractually bind the Bidder must sign all required Bid forms; (4) the entire Bid response and all signed forms must be scanned to PDF format; and (5) the Bidder shall upload the scanned Bid response and signed Bid forms to the City's electronic bid system pursuant to the directions in the electronic bid system. Please note that the maximum file size is 100 MB for an uploaded file. Bidder's response shall not contain any alteration to the Bid documents that were posted by the City other than entering data, information and signatures required by the Bid in the spaces provided for such data, information and signatures, and by including attachments as necessary. By submission of an electronic Bid response, Bidder affirms that a complete set of Bid documents was obtained from the City's electronic bid system and that Bidder made no alteration of any kind or nature to the Bid documents other than entering data, information and signatures required by the Bid or by including attachments as part of the Bid response. Electronic Bid submissions are only permitted to be upload prior to 3:00 p.m. on the Bid due date. Any attempt to upload a late Bid response at or after 3:00 p.m. on the Bid due date will be rejected by the City's electronic bid system. It is highly recommended that Bidders submit their Bid response as an electronic submission using the City's electronic bid system. B. Delivery of the Bid response as a sealed paper bid response: City will receive Bids at the following address: City of Boca Raton City Hall / Attn: Purchasing Division 201 W. Palmetto Park Road Boca Raton, FL 33432 The envelope shall be identified on the outside with the Bidder's name and address, and the notation: " Bid No. 2021-014, School Crossing Guard Services. Bidders are instructed to enter building through the front entrance door (North side of City Hall Building) when hand delivering bids. iii. Check in at the reception area and identify that you have a Bid package for delivery to the Purchasing Division. A representative from the Purchasing Division will be contacted to receive the Bid submittal or Page 10 Page 760 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 will already be at the reception area. The Purchasing Division representative will place a date/time stamp on your Bid submittal package to confirm receipt is prior to the closing date and time. Please note: The City may have special procedures for COVID-19 that person delivering the Bid will be required to follow (i.e. masks must be worn for entrance to City Hall). iv. Bidders are responsible for verifying that they have received and viewed all bid pages. Bidders are requested to submit an original and no copy of their bid document for review by the City. 2. A Bid response submitted either by upload or by hand -delivery after the specified due date and time will be rejected. As indicated above, the City's electronic bid system will not accept Bid responses that are attempted to be submitted after the due date/time. As to a hand -delivered Bid response, it will be rejected and returned unopened when the Bidder attempts to hand -deliver it or it will be rejected when it is attempted to be hand -delivered by a third party mail service. If the Bid response is delivered after the required date and time and a City representative is not available to reject it, that Bidder will be notified that the Bid response was submitted after the required/specified date and time and the City will return the Bid response, as long as the Bidder name and address is available on the Bid response package. The names of the Bidders who have submitted a Bid response will be made available on the Purchasing Division Web page: htt�se//wwwemybocavus/253/Tabulations-Award-Recommendations A Bidder's Bid response (either uploaded or hand -delivered) shall be signed only by an individual authorized by the Bidder to both execute such bids and to bind the Bidder. For electronic submissions, the signature included shall be deemed an original signature, shall be binding on the Bidder, and shall be relied upon by the City as a document authorized by the Bidder for all purposes. Online real-time viewing of sealed Bid openings, in lieu of physical assembly for viewing, will proceed in the same manner as procurement ordinarily performs such openings as detailed in Exhibit A, as attached herein. 1.02 INFORMATION: Any questions by prospective Bidders should be directed to Micha Caldwell, Buyer, Purchasing Division, by email at mcaldwell@myboca.us, who is authorized only to direct inquiries to various portions of the Bid so Bidders may read and interpret such for themselves. No authorization is allowed by any City of Boca or Purchasing Division personnel to interpret, or give information as to Bid requirements in addition to that, which is contained in the written Bid document. Interpretations of the Bid or additional information as to its requirements, where necessary, shall be communicated to Bidders only by written addendum after written requests have been received from the Bidder. Written requests must be received by 6/2/2021. Any ambiguities, inconsistencies or questions should be brought to the attention of the City by submitting an email to mcaldwell@myboca.us with reference to the Bid number and title in the subject line. PART II DEFINITIONS: 2.01 DEFINITIONS 1. The term "Successful Bidder" shall be referred to as the "awarded vendor" and/or "Contractor' throughout this document. 2. The term "Project Manager' and "City Contact" shall be used interchangeably throughout this document. 3. The term "Public Entity" shall mean one of the following: A local agency, state agency, federal agency, county, municipality, public school/university. PART III BIDDING AND AWARD PROCEDURES: 3.01 QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified and meets or exceeds the qualification requirements listed below. The bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the firm's qualifications. If information is not included, the City reserves the right to solicit bidder for the submission of this information. Failure by bidder to provide the omitted information within the specified time frame(s) communicated in writing may result in bidder's bid response being considered non- responsive and thereby rejected. Response for each qualification requirement should be submitted by use of the City provided Qualification of Bidders Form. Page 11 Page 761 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 A. Bidder shall provide three (3) satisfactory references from Public Entity accounts that have serviced a minimum of twenty five (25) school crossing guards/posts within the time period 1/1/2017 through 6/1/2021. Each reference provided by Bidder, shall be for a different entity/organization. Each reference shall reflect that Bidder's firm was the Contracted vendor for services. References where bidder's firm was the subcontractor are not acceptable. B. Bidder shall have and maintain a minimum of two (2) field supervisors employed by their firm that have a valid FDOT trainer certification. Copy of certificate to be submitted at time of bid. C. The City will not award a bid to any bidder who cannot provide evidence that their Firm Name identified on the "Signature of Bidder " form has been in business for a minimum of one (1) year, excluding any affiliate or parent companies. Evidence of a minimum of one (1) year shall be verified in accordance with filing date by the State of Florida or the Firm's State of Origin of Bidder's firm. Bidder to indicate number of years their firm has been in business. Proof may be required. 3.02 COMPETENCY OF BIDDERS Pre -award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance to ensure that they can satisfactorily execute the services under the terms and conditions stated herein. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 3.03 BACKGROUND INFORMATION The City reserves the right, before awarding the Contract to require a Bidder to submit such evidence their qualifications as it may deem necessary, and may consider any evidence available to it as to the financial, technical and other qualifications and abilities of a Bidder, including past performance (experience) with the City. Moreover, the City reserves the right to make investigations of the qualifications of the Proposer as it deems appropriate, including but not limited to, a background investigation conducted by the City of Boca Raton Police Department. As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. 3.04 REFERENCES As part of the Bid evaluation process, the City may conduct an investigation of references including a record check of consumer affairs complaints. Bidder's submission of a Bid constitutes acknowledgment of the process and consent to investigate. City is the sole judge in determining Bidder's qualifications. 3.05 TERMS, CONDITIONS AND SPECIFICATIONS Pre -award inspection of the bidder's facility may be made prior to award of Contract. Bids will be considered only from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid and who can provide evidence that they have established a satisfactory record of performance to ensure that they can satisfactorily execute the services under the terms and conditions stated herein. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established company in line with the best business practices in the industry and as determined by the proper authorities of the City. 3.06 METHOD OF AWARD The City reserves the right to award to a single vendor on an all or none basis. Bidder is required to bid all items to be considered. Bid evaluation of pricing will be based on the Grand Total of Bid Form Group I, Items one (1) and two (2). 3.07 TIE BID RESPONSES Preference shall be given to the business with a Drug -Free Work Place program that is in accordance with Florida Statute 287.087 whenever two or more quotes which are equal with respect to price, quality, and service are received by the City for the procurement of commodities or contractual services. Upon Bidder(s) providing proof to the City that it has a written Drug Free Work Place program, Bidder(s) shall be given preference in the award process for a tie bid. In the event none or multiple firms have the Drug -Free Work Place in accordance with Florida Statute 287.087 and the tie bid still remains, the following shall apply. A. Whenever two Request for Quotes, which are equal with respect to price and are deemed the low responsive and responsible bidders are received by the City for the procurement of commodities or contractual services, Page 12 Page 762 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 the City will make the decision by way of a coin toss to determine the single awarded bidder. Notice of using a coin toss to determine the award will be provided to the two tie bidders. B. Whenever three or more Request for Quotes which are equal with respect to price and are deemed the low responsive and responsible bidders are received by the City for the procurement of commodities or contractual services, the City will make the decision by way of a drawing to determine the single awarded bidder. Notice of using a drawing to determine the award will be provided to the three or more tie bidders. 3.08 POST AWARD MEETING Within five (5) business days after receipt of notification of bid award, successful bidder shall have their assigned account representative meet with the City Project Manager. PART IV INSURANCE 4.01 INSURANCE REQUIRED (Proof of ability to obtain insurance to be submitted with bid document) 4.02 COMMERCIAL GENERAL LIABILITY Contractor agrees to maintain Commercial General Liability at a limit of liability not less than $1,000,000 Each Occurrence, $2,000,000 Annual Aggregate. Contractor agrees its coverage will not contain any restrictive endorsement(s) excluding or limiting Product/Completed Operations, Independent Contractors, Broad Form Property Damage, X -C -U Coverage, Contractual Liability, Cross Liability or Separation of Insureds. The Contractor agrees any self-insured retention or deductible shall not exceed $25,000. Additional Insured Endorsements The Contractor agrees to endorse the City of Boca Raton as an Additional Insured on the Commercial General Liability policy on a primary and non-contributory basis. 4.03 WORKER'S COMPENSATION & EMPLOYER'S LIABILITY The Contractor agrees to maintain its own Worker's Compensation & Employers Liability Insurance in compliance with Florida Statute 440. (NOTE: Elective exemations or coveraae throuah an emolovee leasina arranaement will NOT satisfv this reauirement). 4.04 BUSINESS AUTOMOBILE LIABILITY Contractor agrees to maintain Business Automobile Liability at a limit of liability not less than $500,000 Each Occurrence. Coverage shall include liability for Owned, Non -Owned & Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired & Non -Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Business Auto Liability policy. In the event that the Contractor does not own any vehicles, we will accept hired and non -owned coverage in the amounts listed above. In addition, we will require an affidavit signed by the Contractor indicating the following: does not own any vehicles. "Company Name" In the event we acquire any vehicles throughout the term of his Contract/Agreement, agrees to purchase "Any Auto" or "Company Name" Comprehensive Form coverage as of the date of acquisition. Contractor's Signature: 4.05 SUBCONTRACTOR'S INSURANCE The Contractor shall require each of his subcontractors to take out and maintain during the life of his subcontract the same insurance coverages required of the successful Contractor. Each subcontractor shall furnish to the successful Contractor two copies of the Certificate of Insurance, and successful Contractor shall furnish one copy of the Certificate to the City of Boca Raton. 4.06 SUPPLEMENTAL PROVISIONS A. The insurance policy coverage as outlined herein shall remain in effect for the entire contract period. In the event of coverage cancellation, non -renewal, material change, modification or lapse of coverage, Contractor shall notify the Page 13 Page 763 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 City within thirty (30) business days with written notice of such to the Purchasing Division by email to mcaldwellmybocavus. B. All renewal or replacement certificates of insurance specific to the contract/agreement/award shall be forwarded to the City of Boca Raton Purchasing Division with a copy to the Boca Raton Department as identified in the Purchase Order/Agreement. Original certificates to be sent attention of City of Boca Raton, Purchasing Division, 201 W. Palmetto Park Road, Boca Raton, FL 33432. PART V PURCHASE ORDER AND CONTRACT TERMS 5.01 CONTRACT PERIOD AND RENEWAL The initial contract period shall be for one (1) year, automatically renewed thereafter for four (4), one-year renewal periods subject to termination clause(s) as provided herein. Automatic contract renewal shall be subject to the appropriation of funds, satisfactory performance and determination that the contract renewal is in the best interest of the City. The City requires a firm price for initial contract period. Automatic annual renewals will be based on the same terms, conditions, pricing and specifications herein. For the purpose of re -bidding, the contract may be extended at the City's option for a defined period of time, not to exceed one (1) year. Option for extension will only be exercised upon mutual written agreement and with all terms, conditions and unit prices adhered to with no deviations. Non -Minimum Wage Increase(s) Prior to each annual renewal, the City may consider price adjustment(s) only when a written request is received by the Buyer identified herein a minimum of ninety (90) days prior to the renewal date for review by the City. Contractor is responsible for verifying that written price request was received by the Buyer within ninety (90) days. Contractor's written request shall identify each bid item affected and proposed price with written justification and supporting documentation attesting that the request is a bonafide cost increase/decrease to the Contractor. Failure to submit the required supporting documentation may result in the price adjustment request being denied. Contractor's requested price adjustment is subject to City approval and shall require written acknowledgement from Purchasing. In the event that the City does not wish to accept the adjusted cost(s) and the matter cannot be resolved to the satisfaction of the City, the Contract may be terminated by the City by giving written notice to the Contractor. In the event that a cost decrease is realized due to changes in the economy (CPI/CPU and/or decreases that are industry specific), the City shall have the right to request and receive from the Contractor a reasonable reduction in costs. Minimum Wage In No price increase for the initial contract period will be accepted unless necessitated by an adjustment to the Florida Minimum Wage, or an adjustment to the Federal Minimum Wage to a higher level than the Florida Minimum Wage. If the minimum wage rate should increase throughout the duration of the contract period, such will be approved as a contract alteration for the new daily rate if the following conditions exist and are provided: (1) Notice referencing proper agency on increase(s) of the minimum wage rate. (2) Receipt of formal notification by the Buyer in Purchasing, of all employees servicing the contract and of this number of employees how many are affected by the minimum wage increase. (3) Contractor must be able to submit proof that employees were receiving the minimum wage rate in the form of check stubs and/or payroll printouts denoting Contractor's payout of the minimum wage rate to each employee. (4) Request for price increases due to minimum wage rate increases are subject to the Purchasing Manager or appointed designee's approval. Adjustments in contract pricing due to the minimum wage increase will be executed under item 5.02 "Contract Alterations" of Section II of this bid/contract. The City will only consider the increase amount that is directly correlated to the minimum wage increase. 5.02 CONTRACT ALTERATIONS The City reserves the right to delete, add or revise items and services under this bid at any time during the contract period when and where deemed necessary. Deletions may be made at the sole discretion of the City at any time during the contract period. The Contractor, the City's Project Manager and Purchasing Manager or appointed designee must mutually agree upon items added or revised. 5.03 QUANTITY The City of Boca Raton reserves the right to increase or decrease estimated annual quantities as required. Page 14 Page 764 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 5.04 ACCEPTANCE AND PAYMENT (For Services) In conjunction with General Term and Condition No. 5.03 and 5.06, The City of Boca Raton will pay 100% of the contract price after all services have been provided and accepted by the City. The using department will make final inspection of the services as referenced in this bid to ensure services are in accordance with the specifications and must be approved before payment is made. Failure in the awarded Contractor's responsibility as outlined may result in either one or any of the following as determined by the City: • Request for immediate replacement of services of partial or entire order. • Payment withholding until compliance is received and approval granted. • Cancellation of partial or entire order at no cost to the City. If an agreement cannot be reached between the City and the Contractor to resolve the problem to the City's satisfaction, the City reserves the right to negotiate with the Contractor on a payment for the work completed and usable to the City. Invoice must reflect purchase order number. 5.05 METHOD OF ORDERING (The following supersedes and replaces General Condition 5.01) School crossing guard services shall be ordered via individual purchase order acting as the Contract with reference to Bid No. 2021-014. Invoice must be submitted against individual purchase order. 5.06 PERFORMANCE The City of Boca Raton heavily monitors the quality and performance of work performed and/or supplies furnished by the awarded Contractor for future consideration and/or reference purposes. A sample Vendor Performance Report may be obtained upon request of the Purchasing Division. The City may return, for full credit, any item(s) received which fail to meet the City's performance standards. Page 15 Page 765 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 SECTION III: SCOPE OF WORK AND SPECIFICATIONS PART I GENERAL 1.01 Introduction The purpose of this bid is to obtain responses from qualified firms that provide for School Crossing Guard Services. Contractor will be responsible for providing school crossing guards at locations specified by the City and shall be completely responsible for the supervision of such personnel in accordance with terms, conditions and specifications. It is the City's intention to have contract services referenced in this bid commence in time for the 2021 Fall School session. Definition(s): Field Supervisor — shall mean Supervisor, Crossing Guard Supervisor, Certified Trainer, Certified Guard Trainer and School Crossing Guard Trainer as referenced in the Florida Department of Transportation (FDOT) " Florida School Crossing Guard Training Guidelines". Post - shall mean designated area where School Crossing Guard is placed and works, or guard. 1.02 Scheduling a) The Contractor shall assign an account representative to oversee the services in this bid/contract and to ensure the services are scheduled, staff is trained and certified, background checks are completed and weekly logs are managed and sent to the City Contact throughout the contract period. Account representative shall also be responsible for troubleshooting any concerns or complaints by the City and making any necessary staff changes as required. b) Regular and Summer School Sessions: The regular school session begins in August and will run until approximately June, with appropriate holidays and teacher work days that do not require coverage. In addition to the regular school session, summer school at all schools usually begins around the first of July and lasts for approximately six (6) weeks. For the regular school session, the City anticipated eighty-six (86) school crossing guards or posts and two (2) field supervisors. For the regular school session, the Contractor shall be required to provide school crossing guard services in accordance with the locations, times and number of guards/posts referenced on Exhibit B attached herein, Monday through Friday in accordance with the School Board of Palm Beach County school days. The last summer school session was in 2018 and held at one school location. At the end of each school year, the City will contact each school to determine if a school crossing guard schedule for the summer will be necessary. The school crossing guard schedule referenced on Exhibit B references the regular school session and is subject to change based on school and summer requirements. Exhibit C, as attached herein, references a "Written Notice" letter to be used for changes to the school crossing guard schedule for the regular and summer school sessions. The City will provide Contractor with three (3) business days written notice. The number of Field Supervisors required to oversee operations for the Summer School Session will be determined by the City. Daily rates shall remain the same for any modifications made to Exhibit B. c) The Contractor shall provide two (2) experienced field supervisors for the regular school session to oversee the operations when school crossing guards are on duty. The Contractor's field supervisors shall ensure that all crossings are properly staffed. d) The Contractor shall ensure that adequate employees are available for the backup of any school crossing guard in case of absenteeism. Each backup school crossing guard shall be fully trained in accordance with Florida Statute 316.75 and familiar with the specific crossing location. Each working school crossing guard shall be provided with the name and telephone number of a backup school crossing guard and field supervisor in case the working school crossing guard cannot be at his/her post. The City will not pay for post services not rendered by Contractor. Failure to perform required services under this contract may result in termination of contract. Field supervisors are permitted to work a post only on an emergency basis; field supervisors are to be active in the field, not working posts. 1.03 Training and Certification At no cost to the City, the Contractor shall provide all school crossing guards and field supervisors for the services in this bid/contract. Contractor shall ensure that school crossing guards and field supervisors receive proper initial Page 16 Page 766 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 and annual re-training. School crossing guards and field supervisors assigned to the City shall comply with all terms and conditions set forth in the latest edition and any updated editions of the "Florida School Crossing Guard Training Guidelines" published by the Florida department of Transportation (FDOT). The Contractor shall comply with Title XXIII, Chapter 316 Section 316.75, Florida Statutes "School Crossing Guards" (previously Section 234.302, Florida Statutes, the "Ramon Turnquest School Crossing Guard Act", by providing FDOT certified field supervisors to ensure that all persons employed as school crossing guards receive proper training as required by law. Contractor shall provide evidence of training to the City Project Manager (i.e. FDOT issued training certificate or FDOT training performance checklist if no certificate has yet been issued by the State) of school crossing guard or field supervisor prior to post assignment. The field supervisors shall be a FDOT certified trainer. It is the Contractor's responsibility to keep all training documentation up to date and to provide copies to the City Project Manager. All FDOT issued training certificates shall be signed by Contractor before forwarding to City Project Manager. The Contractor shall be responsible for compliance with all applicable Florida Statutes as it relates to the training requirements and shall only place a school crossing guard at locations that have met the state -mandated training requirements. The City shall not be responsible for the non compliance of the Contractor and will only make payment for services provided that are in compliance. The City will not be responsible for making payment for school crossing guards and/or field supervisors who have not successfully met the training criteria and may result in termination of contract. 1.04 Equipment / Appearance a) The Contractor shall provide their personnel with uniforms and all assigned equipment (reflective vest, whistle, gloves, stop paddle, rain gear, etc.) pursuant to the Florida School Crossing Guard Training Guidelines under Florida Statute 316. The preferred color uniform shall be a white shirt or blouse and khaki/tan bottoms. Contractor personnel shall under no circumstances be permitted to wear open toed shoes, sandals, sling backs or slip-ons, or suggestive clothing. Contractor shall be responsible for the cost of uniforms and/or equipment. The Contractor's personnel shall wear on their uniform an identification badge indicating that they are Contractor's employee. b) All Contractor employees shall present a professional appearance, be neat, clean, well groomed, courteous, properly uniformed, conduct themselves in a respectable manner, and be a minimum of eighteen (18) years old. 1.05 Monitoring Prior to assignment of school crossing guards, Contractor shall provide the City Project Manager with a list of names and telephone numbers and training dates of all school crossing guards, back-up guards and field supervisors. Contractor shall provide to the City Project Manager any changes to the list as they occur throughout the year with copies of any new personnel's FDOT training certificates. Contractor must maintain a weekly log referencing each employee's work shift and the location of the employee's guard post. Upon City request, Contractor shall submit a copy of the weekly log to the City Project Manager, Cory Mandel, Police Services CSO Supervisor cmandel myboca.us . 1.06 Conduct / Changes / Removal of Post a) Contractor's personnel shall not be permitted to exercise the following activities while providing services under this contract: Use of tobacco products • Listening to, or using a multimedia device, including but not limited to IPod, MP3 player, portable radio, headset, or cell phone. Note: Using a communications device other than for emergencies, or official business related to this contract is prohibited. b) The City acknowledges that all employees of the Contractor shall be considered to be, at all times, the sole employees or contractors of the Contractor under its sole discretion and not an employee, Contractor, or agent of the City. Contractor understands that their employees shall be independent thereof and shall have no claim against the city as to pension, workers compensation, unemployment compensation, federal income withholding, insurance, salary, wages, or other employee rights or privileges granted by operation of law or by the City. Contractor shall also provide all Human Resources related services applicable for their employees, including, but not limited to; all record keeping, payroll (including the payment of all appropriate taxes), background checks and all other Human Resource applications as necessary or required by the City. Page 17 Page 767 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 c) The City reserves the right to request the Contractor to remove any Contractor employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued performance of the services is not in the best interest of the City. Such employee of the Contractor will be replaced with an acceptable substitute employee. The City reserves the right to require the change of any of Contractor's personnel upon not less than three (3) business days written notice, setting forth the name of the person to be replaced, or in the absence of a name, the description and location of the post location. 1.07 F.O.B. Point/ Travel Expenses The F.O.B. point shall be destination. All travel expenses incurred by Contractor and/or their personnel (to and from guard/post location) shall be at no cost to the City. 1.08 Commencement of Services Contractor to train and assign guards to their locations within a minimum of thirty (30) calendar days of issuance of City purchase order for services herein, or by designated date referenced on City purchase order provided the date exceeds the thirty (30) calendar days. 1.09 Background Checks Contractor shall be responsible for supplying and administering background screenings at no additional cost to the City. At a minimum, Contractor shall perform a Level 1 Background screening as defined in Florida Statutes Chapter 435 for staff assigned to perform services for the City's contract. Contractor shall only provide staff to perform services for the City that pass and maintain a passing Level 1 Background screening. Contractor's personnel, who is currently under investigation or has been convicted of a crime delineated in section 435.03, Florida Statues, shall not be assigned to the City's account. Lack of knowledge by the Contractor will in no way constitute cause for relief from responsibility. At the request of the City, Contractor shall submit proof of background screening. 1.10 Subcontracting Subcontracting is NOT permitted for any of the services under this bid/contract. 1.11 Post Award Meeting Within seven (7) calendar days after receipt of Purchase Order, Contractor shall have their assigned account representative meet with the City Project Manager and/or other City designees. Items to be reviewed include, but are not limited to: • Scheduling of services. • Training and Certification overview. • Designated FDOT certified employees assigned. • Time frame for background checks to be performed. • Discussion and protocol of monitoring and weekly logs. 1.12 Annexation In the event that additional areas are annexed into the City of Boca Raton, the Contractor shall assume responsibility for providing school crossing guard services to designated schools in the annexed areas. The level of service and daily rate for services provided in an annexed area must be equal to the service and daily rate provided within the original City limits at the time the annexation is effective. The Contractor will be required to provide school crossing guard services at locations in the annexed areas, as directed by the City Project Manager. As soon as the annexation is approved, the City Project Manager shall provide all information regarding the additional number of school crossing guards and a transition plan before the date of required service by use of Exhibit C "Written Notice" letter with three (3) business days written notice to the Contractor and corresponding Purchase Order must reflect increase. Page 18 Page 768 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 EXHIBIT B CITY OF BOCA RATON SCHOOL CROSSING GUARD SCHEDULE I. REGULAR SCHOOL SESSION AS PUBLISHED BY PALM BEACH COUNTY SCHOOL BOARD NOTE: Two (2) Field Supervisors are required to oversee the operations of the school crossing guard services for all of the referenced locations within the Regular School Session. Page 19 Page 769 of 1018 Location I A.M. Shift P.M. Shift Guards/Posts 1. Boca Elementary School — 103 S.W. 1st Ave A Glades & Dixie 7:05-8:00 2:10-2:55 3 B 200 N. Dixie 7:10-8:00 2:00-2:40 1 C Palmetto & Dixie 7:10-8:00 2:00-2:40 2 D 1 S.W 1St Ave. 7:10-8:00 2:00-2:40 1 E 1 W. Royal Palm Rd. 7:10-8:00 2:00-2:40 1 F 200 S.W. 2nd Ave. 7:05-8:00 2:00-2:30 2 G 300 W. Camino 7:15-8:00 2:05-2:45 1 2. Addison Mizner Elementary School —199 S.W. 12th Ave A 1800 SW 12th Ave. 7:10-8:00 2:05-2:50 1 B 1200 W. Camino 7:10-8:00 2:00-2:40 3 C 199 S.W. 12th Ave. 7:15-8:05 2:00-2:35 2 D 1200 W. Palmetto 7:15-8:00 2:00-2:45 3 E 1100 W. Palmetto 7:15-8:00 2:00-2:45 1 F 500 S.W. 12th Ave. 7:10-8:00 2:00-2:35 1 3. Addison Mizner Middle School — 199 S.W. 12th Ave A 1800 SW 12th Ave. 8:30-9:25 4:05-4:50 1 B 1200 W. Camino 8:30-9:25 4:05-4:50 3 C 199 S.W. 12th Ave. 8:30-9:25 4:05-4:50 2 D 1200 W. Palmetto 8:30-9:25 4:05-4:50 3 E 1100 W. Palmetto 8:30-9:25 4:05-4:50 1 F 500 S.W. 12th Ave. 8:30-9:25 4:05-4:50 1 4. J.C. Mitchell School — 2470 N.W. 5th Ave A 400 W. Glades Rd. 7:05-8:00 2:05-3:00 2 B 2800 N. Dixie Hwy. 7:05-8:00 2:05-2:45 1 C 1999 NW 4Ave 7:05-8:00 2:05-2:40 3 D 2200 N.W. 5th Ave. 7:05-8:00 2:00-2:45 1 E 2300 N.W. 2nd Ave. 7:10-8:00 2:00-2:40 1 F 300 N.W. 23rd St. 7:10-8:00 2:00-2:40 1 Page 19 Page 769 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 Cont. Exhibit B 8. Boca Raton Middle School — 1200 N.W. 8th Street A Location A.M. Shift 4:05-4:50 P.M. Shift Guard/Posts 1100 W. Palmetto 5. Verde Elementary School — 6590 Verde Trail 4:05-4:50 1 A Verde & Powerline 7:10-8:00 2:00-2:40 1 B 6590 Verde Trl 7:10-8:00 2:00-2:40 1 C Verde Trl & Verde Trl S. 7:10-8:00 2:00-2:40 1 D Verde Trl S. & St. Andrews 7:10-8:00 2:00-2:40 3 1 S. W. 12th Ave. 6. Verde Middle School — 6590 Verde Trail 4:05-4:55 1 A Verde & Powerline 8:30-9:25 4:05-4:50 A 1 B 6590 Verde Trl 8:30-9:25 4:05-4:50 5500 Jog Rd. 1 C Verde Trl & Verde Trl S. 8:30-9:25 4:05-4:50 8:25-9:15 1 D Verde Trl S. & St. Andrews 8:30-9:25 4:05-4:50 3 3200 N. Military 7. Calusa Elementary School — 2051 Clint Moore Road 4:00-4:45 A 2051 Clint Moore Rd. 7:15-8:05 1:55-2:25 4:00-4:30 4 B I Clint Moore Rd. & Jog Rd 7:15-8:05 1:55-2:25 86 3 8. Boca Raton Middle School — 1200 N.W. 8th Street A 1200 W. Palmetto 8:30-9:25 4:05-4:50 3 B 1100 W. Palmetto 8:30-9:25 4:05-4:50 1 C 1200 N. W. 8th St. 8:35-9:30 4:00-4:50 4 D 400 W. Glades Rd. 8:35-9:30 4:05-4:55 2 E 1200 N. W. 13th St. 8:35-9:30 4:00-4:50 4 F 1 S. W. 12th Ave. 8:35-9:30 4:05-4:55 1 9. Omni Middle School — 5775 Jog Road A Clint Moore & Jo 8:25-9:15 3:50-4:40 2 B 5500 Jog Rd. 8:25-9:15 3:50-4:40 2 C Jog & Yamato 8:25-9:15 3:50-4:40 3 10. Don Estridge School —1798 N.W. 40th Street A 3200 N. Military 8:45-9:30 4:00-4:45 2 B 1798 NW 40 St 8:45-9:30 4:00-4:30 1 Total Guards/ Posts: 86 Page 20 Page 770 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 EXHIBIT C WRITTEN NOTICE OF CHANGES TO SCHOOL CROSSING GUARD SCHEDULE Date: Contractor Name Address City, State, Zip Phone Email Subject: Bid 2021-014, School Crossing Guard Services Re: Exhibit B — Change No. Attention: Pursuant to the above subject bid, your firm is hereby being provided a minimum of three (3) business days written notification from the date of this letter referencing the attached changes made to Exhibit B, School Crossing Guard Schedule for the: Select which applies: Regular School Session from August - June Summer School Session from June - July Such changes shall be made effective on and all billing shall be reflective of the changes. City Purchase Order No. will be amended to reflect such changes. Thank you for your cooperation and attention to this matter. Please feel free to email me at cmandela-myboca.us or call me at 561-620-6108 if you should have any questions. Thank you for your cooperation and attention to this matter. Please feel free to email me at cmandela-myboca.us or call me at 561-620-6108 if you should have any questions. Sincerely, Cory Mandel, Police Services Project Manager Page 21 Page 771 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 BID FORM PAGE Bidder is to provide "Daily Rate" pricing for items 1, 2, 3, and 4 in boxes highlighted in yellow below for Regular and Summer School Sessions. Estimated annual quantities are not known for the summer school session, bid evaluation of pricing will be based on the total of line items 1 & 2 of bid form page. Bidder is not relieved from providing daily rate pricing for items 3 & 4, and if such unit pricing is omitted by bidder, bidder shall understand that the same daily rates bidder provides for items 1 & 2 shall apply to items 3 & 4 respectively and bidder's authorized signature on the "Bidders Certification" form attests to this. All terms, conditions and specifications shall apply. Bidder shall not change pricing structure (i.e. daily rate to hourly rate) or impose any minimums, such as, but not limited to minimum amounts or minimum quantities. Any changes to pricing structure and/or minimum order requirements imposed shall cause bidder's bid response to be considered non responsive and thereby rejected. I. Regular School Session Bidder shall provide their daily rate for services provided during the A.M. and P.M. shifts on the schedule provided in Exhibit B. For future school sessions, daily rate shall remain the same. Throughout the contract period, the City reserves the right to increase and/or decrease estimated annual quantities based on actual needs. Daily rate shall cover the entire shift time (A.M. and P.M.). Item Type of Service Estimated Annual Quantity Daily Rate Extended Price Per Guard/Posts 1 School Crossing Guard 15,480 $ / Daily $ 86 Guards X 180 School Das Rate 2 Field Supervisor 360 $ / Daily $ (2 Field Supervisors X 180 Rate School Days Grand Total (Bid Items 1 & 2): $ II. Summer School Session Bidder to provide their daily rate for services intended for future summer school sessions that may or may not occur throughout the contract period. For future summer sessions, daily rate shall remain the same. The City's last summer school session was in 2018 and held at one school location. The maximum amount of summer school days in a session is 20 summer days. If a summer session is exercised throughout the contract period, the City reserves the right to decrease summer days based on actual needs. Item Type of Service Estimated Annual Quantity Daily Rate Per Guard/Posts 3 School Crossing Guard Not Known $ / Rate j 4 Field Supervisor Not Known $ / Rate COMPANY NAME: DATE: Page 22 Page 772 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 BID NO. 2021-014 BIDDERS CERTIFICATION (This form must be signed in the presence of a Notary Public or other officer authorized to administer oaths). I certify that I am authorized to bind performance of this Bid for the Bidder. I certify that this Bid is made without collusion or fraud. I certify acceptance of the terms, conditions, and specifications of this Invitation to Bid. I certify that this Bid submittal is in accordance with the specifications in its entirety and with full understanding of the conditions governing this Bid. *Bidder must submit proof that their firm name is registered with their State of origin. *Name of Bidder: (Firm Name as Registered with their State of origin) Federal I.D. No.: Above Bidder is Business Address: (_) Corporation (_) Sole Proprietorship Street Address : (P.O. Box Address is not permitted) City, State, Zip: (_) Limited Liability Corporation (_) Partnership/Joint Venture Mailing Address: (_) check if same as Business Address above Street Address: City, State, Zip: Business Phone No: Business Fax No.: Authorized Signer: Name of Authorized Signer: Title of Authorized Signer: President or other Authorized Officer/Member/Manager Email for Authorized Signer: Authorized Written Signature: STATE OF: COUNTY OF The foregoing instrument was acknowledged before me by means of physical presence or online notarization this day of , 20 by who is personally known to me (or who has produced as identification). NOTARY PUBLIC SIGNATURE: NOTARY NAME: Commission Number: My Commission Expires: Page 23 Page 773 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 CHECKLIST All bids should be submitted on the City provided Bid Package forms. All blanks on the proposed forms must be completed. Bidder is to return a complete set of all bid package forms listed as follows. Failure to submit the required documents may result in your bid being considered non-responsive and thereby rejected. 1. Is Qualification of bidder's information included? 12. Contact person in your office for Insurance Certificate: Phone: COMPANY NAME: Page 24 DATE: Email: Page 774 of 1018 a. 3 References as requested on City form(s) herein Yes No b. Copies of valid FDOT trainer certifications for two field supervisors Yes No c. Evidence of Bidder's firm being in business a minimum of one year Yes No 2. Is Questionnaire of bidder's information included? Yes No 3. Is copy of bidder's valid Business Tax Receipt submitted? Yes No 4. Is proof or copy of Insurance submitted? Yes No 5. Is bid form pages completed in full? Yes No 6. Is bidder's certification form signed, notarized and submitted? Yes No 7. Are addendum (if any issued) submitted? Yes No 8. Is proof that firm name is registered with their State of origin. Yes No 9. Is Drug Free Workplace Form submitted? Yes No 10. Initial confirming that your firm is not subcontracting any services in this bid. 11. Name of individual submitting Bid: Email address: Ph: 12. Contact person in your office for Insurance Certificate: Phone: COMPANY NAME: Page 24 DATE: Email: Page 774 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 QUALIFICATION OF BIDDERS This bid shall be awarded only to a responsive and responsible bidder, qualified to provide the work specified and meets or exceeds the qualification requirements listed below. The bidder should submit the following information with their bid package to be considered responsive in order for the City to fully evaluate the firm's qualifications. Bidder shall provide three (3) satisfactory references from Public Entity accounts that have serviced a minimum of twenty five (25) school crossing guards/posts within the time period 1/1/2017 through 6/1/2021. Each reference provided by Bidder, shall be for a different entity/organization. Each reference shall reflect that Bidder's firm was the Contracted vendor for services. References where bidder's firm was the subcontractor are not acceptable. REFERENCE 1: Company/Entity Name: Address: City, State, Zip: Contact Name: Title: Phone: Email: Contract Start Date: Is Contract still in place? Yes No, If No, when did Contract End: Quantity of Posts/Guards provided: Summary of Services Performed: REFERENCE 2: Company/Entity Name: Address: City, State, Zip: Contact Name: Title: Phone: Email: Contract Start Date: Is Contract still in place? Yes No, If No, when did Contract End: Quantity of Posts/Guards provided: Summary of Services Performed: COMPANY NAME: DATE: Page 25 Page 775 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 REFERENCE 3: Company/Entity Name: Address: City, State, Zip: Contact Name: Title: Phone: Email: Contract Start Date: Is Contract still in place? Yes No, If No, when did Contract End: Quantity of Posts/Guards provided: Summary of Services Performed: 2. Bidder shall have and maintain a minimum of two (2) field supervisors employed by their firm that have a valid FDOT trainer certification. Copy of certificate to be submitted at time of bid. Proof of certification submitted as attachment Yes No 3. The City will not award a bid to any bidder who cannot provide evidence that their Firm Name identified on the "Signature of Bidder " form has been in business for a minimum of one (1) year, excluding any affiliate or parent companies. Evidence of a minimum of one (1) year shall be verified in accordance with filing date by the State of Florida or the Firm's State of Origin of Bidder's firm. Bidder to indicate number of years their firm has been in business. Proof submitted as attachment Yes No COMPANY NAME: DATE: Page 26 Page 776 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 QUESTIONNAIRE Bidder must have an office phone number, Cell number and Email address where staff can be contacted Monday through Friday between the hours of 8:00 a.m. — 5:00 p.m. Staff listed should include, owner, supervisors, office staff, etc. Contact Name Office Phone Cell Phone Email Address 2. Of the 86 guards/posts that will be assigned to this contract, will your firm have to hire and employ them or does your firm currently have on staff. Please explain. If you have to hire and employ these individuals, what hiring requirements do you utilize and do you require them to already be FDOT trained and certified. If not, please explain how they get FDOT trained and certified? 3. Of the 2 field supervisors that will be assigned to this contract, will your firm have to hire and employ them or does your firm currently have on staff. Please explain. If you have to hire and employ the 2 field supervisors, what hiring requirements do you utilize and do you require them to already possess their FDOT trainer certification. If not, please explain how they get their FDOT trainer certification? COMPANY NAME: DATE: Page 27 Page 777 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 4. As referenced in item 1.08 Commencement of Services in Section I I I of this bid, Contractor will be required to train and assign guards to their locations within a minimum of thirty (30) calendar days of issuance of purchase order. Please indicate on a step by step basis how your firm intends to orchestrate and put in place. 5. As referenced in item 1.02 (a) of Section I I I of this bid, Contractor shall assign an account representative to oversee services. Please indicate below the name and title of this individual and cell phone number. COMPANY NAME: Page 28 DATE: Page 778 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 11 DRUG-FREE WORKPLACE FORM 1] The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies does: (Name of Business) 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 employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community by, any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Signature of Bidder Date Page 29 Page 779 of 1018 City of Boca Raton School Crossing Guard Services Bid No. 2021-014 STATEMENT OF NO BID (No Bid may be submitted electronically within the electronic bidding system.) If you are not bidding on this service/commodity, please complete and return this form to: City of Boca Raton Purchasing Department, 201, W. Palmetto Park Road, Boca Raton, Florida 33432. COMPANY NAME: ADDRESS: TELEPHONE: SIGNATURE: DATE: We, the undersigned have declined to bid on because of the following reasons: REMARKS: service/commodity Insufficient time to respond to the Invitation to Bid We do not offer this product or an equivalent Our product schedule would not permit us to perform Unable to meet specifications Other (specify below) Page 30 Page 780 of 1018 7.L. Requested Action by Commission: Proposed Resolution No. R22-125- Approve and authorize the Interim City Manager to sign Change Order No. 5 in the amount of $38,547.41 with Southern Underground Industries, Inc. for the 24 -inch Raw Water Main Extension - Little League Park to East Water Treatment Plant project. Explanation of Request: On January 5, 2021 the City Commission approved Resolution R21-012 in the amount of $690,929.06 plus a 10% contingency of $69,092.91 for a total expenditure of $760,021.97 for the installation of new raw water main piping from Little League Park to the East Water Treatment Plant by horizontal directional drill method. The City issued Purchase Order # 210806 to the contractor, Southern Underground Industries, Inc., on February 22, 2021. On July 20, 2021, the City Commission approved Change Order No. 1 with Resolution R21-084 in the amount of $143,129.09 for a change in pipe material with an increased wall thickness due to the depth of the installation and sandy soil conditions. Subsequently, staff issued Change Order No. 2 in the amount of $6,159.59 for ancillary materials price increase and Change Orders No. 3 and No. 4 for time extensions due to supply chain delays and material availability. During the installation of the 30 -inch raw water main via horizontal directional drill, it was found that the existing 16 -inch Raw Water Main was in close proximity to the directional drill operations and the installation could not proceed as planned. To resolve the conflict, the City authorized the contractor to install fittings and additional pipe at a cost of $38,547.41. The amount of Change Order No. 5 is the sum of $38,547.41. New Purchase Order amount including this Change Order is $878,767.15. How will this affect city programs or services? The raw water main extension was required to improve the capacity and reliability of the raw water main supply from the eastern wellfield at Little League Park to the East Water Treatment Plant. Fiscal Impact: Funds are available in the Utilities C I P account 403-5000-533.65-02 WT2003. Alternatives: Do not approve Change Order No. 5 Strategic Plan: High Performing Organization, Public Health and Safety Strategic Plan Application: Raw water main installation increased the capacity of raw water conveyance to the East water treatment plant. allowing the Utilities to meet regulatory needs and potable water demand. Page 781 of 1018 Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D IRE)S()l LA ti 0 111 D Chia llIgE) OrdE)r D Chia llIgE) OrdE)r D Chia llIgE) OrdE)r D Chia llIgE) OrdE)r D Chia llIgE) OrdE)r Description RE)SOkAboin approviing Chia llIgE) OrdE)r INN, 5 Chia llIgE) OrdE)r INo, 5 F:::oirirn BaclkLA. 16iin If aw VV IM OffSE)t OirigiinaII Ii 10 F10 Chia ll -IgE) OrdE)r INN, 4 Cointract Page 782 of 1018 1 RESOLUTION NO. R22-125 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, APPROVING AND AUTHORIZING THE INTERIM CITY 5 MANAGER TO SIGN CHANGE ORDER NO. 5 IN THE AMOUNT 6 OF $38,547.41 WITH SOUTHERN UNDERGROUND INDUSTRIES, 7 INC. FOR THE 24 -INCH RAW WATER MAIN EXTENSION - LITTLE 8 LEAGUE PARK TO EAST WATER TREATMENT PLANT PROJECT; AND 9 PROVIDING AN EFFECTIVE DATE. 10 11 WHEREAS, on January 5, 2021 the City Commission approved Resolution R21-012 in 12 the amount of $690,929.06 for the installation of a new raw water main piping from Little 13 League Park to the East Water Treatment Plant by horizontal directional drill; and 14 WHEREAS, during the installation of the 30 -inch raw water main via horizontal 15 directional drill, it was found that the existing 16 -inch Raw Water Main was inclose proximity 16 to the directional drill operations and the installation could not proceed as planned; and 17 WHEREAS, to resolve the issue, the City authorized the contractor to install fittings 18 and additional pipe at a cost of $38,547.41; and 19 WHEREAS, the City Commission of the City of Boynton Beach upon recommendation 20 of staff, deems it to be in the best interest of the citizens and residents to approve and 21 authorize the City Manager to sign Change Order No. 5 in the amount of $38,547.41 with 22 Southern Underground Industries, Inc. for the 24 -inch Raw Water Main Extension - Little 23 League Park to East Water Treatment Plant project. 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF 25 BOYNTON BEACH, FLORIDA, THAT: 26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 27 being true and correct and are hereby made a specific part of this Resolution upon adoption. 28 Section 2. The City Commission of the City of Boynton Beach, Florida, hereby S:ACA\RESO\Agreements\Change Order No 5 to Contract with Southern Underground (Raw Water Main Extention) - Reso.docx Page 783 of 1018 29 approves and authorizes the City Manager to sign Change Order No. 5 in the amount of 30 $38,547.41 with Southern Underground Industries, Inc. for the 24 -inch Raw Water Main 31 Extension - Little League Park to East Water Treatment Plant project. A copy of Change 32 Order No. 5 is attached hereto and incorporated herein as Exhibit "A". 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 ATTEST: 54 55 56 Maylee De Jesus, MPA, MMC 57 City Clerk 58 59 60 (Corporate Seal) 61 62 63 64 65 Section 3. That this Resolution shall become effective immediately. PASSED AND ADOPTED this 8th day of September, 2022. 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 S:ACA\RESO\Agreements\Change Order No 5 to Contract with Southern Underground (Raw Water Main Extention) - Reso.docx Page 784 of 1018 119 UTILITIES DEPARTMENT Change Order Project: Raw Water Main Little League Park- EWTP Change Order No.: 5 Contractor: Southern Underground Industries Purchase Order No.: 210806 Project Manager: Jose Huertas Contract Date: 02/9/2021 Utilities Director: Poonam Kalkat Contract Coordinator: Howard Kerr Reason: The vendor has requested a change order for a 16in RW Main Offset for $38,547.41. Item Account Number Description Qty Unit Unit Price Amount 1 403-5000-533-65-02 16in RW Main Offset 1 $38,547.41 $38,547.41 The cost of this work is: $38,547.41 The Contract Time will be increased by approximately: The New Date of Substantial Completion: The New Date of Final Completion: Original Purchase Order was: $690,929.06 Commission Approved Change Order on 1/5/2021 $143,129.09 Total Contingency Used to Date (including this Change Order): $6,161.59 Contingency Remaining (after this change order): $62,931.32 New Purchase Order amount including this Change Order: $878,767.15 ***Change Orders over ,5,000 are NOT authorized until reviewed and approved by the City Manager*** Andrew Mack Assistant City Manager City of Boynton Beach Signature Date: 8/30/22 Date: Jim Stables Interim -City Manager City of Boynton Beach Signature Page 1 of 1 Date: Mara Fredriksen Director of Finance City of Boynton Beach Signature Page 785 of 1018 Boynton Beach 24" RWM Extension AW 2_16in RW Main Offset rev 4.19.22 Summary /Zi SOUTHERN tl� 0$���µ UND ER GR O U N D f N D U S T R/ E S �Iuliiiiiiiiu����satiw�7iouumiuuuuouiomulilV AW 2 16in RW Main Offset SUI Labor & Equipment Materials Subcontract General Overhead due to Critical Path Delay $1,084.60 $19,862.81 $17,600.00 $0.00 Crew Additional Work, Cost Presentation $38,547.41 Total $38,547.41 Page 786 of 1018 L&E - AW Lanza Labor & Equipment 55.001 0.00 1,084.60 Crew Hours 0.0 Hrs. Lanzo Labor & Equipment - Daily Equipment Cost Labor Oty. Hrly Tot. Sub. Equipment Qty. Idle Own Hrly Tot. Sub. Pipe Layer Rate Hrs Idle Use/FOG Rate Hrs Rea. - Won -Frit 0.00 Unskilled Labor 18.45 Working Super 55.001 0.00 Project Manager 1 60.00 8.0 480.00 Working Foreman 40.00 0.00 Operator 37.41 0.00 Pipe Layer 31.50 0.00 Skilled Labor 26.95 0.00 Unskilled Labor 18.45 0.00 Subtotal 480.00 Overtime Working Super 0 82.50 0.0 0.00 Working Foreman 0 60.00 0.0 0.00 Operator 0 56.12 0.0 0.00 Pipe Layer 0 47.25 0.0 0.00 Skilled Labor 0 40.43 0.0 0.00 Unskilled Labor 0 27.68 0.0 0.00 Subtotal 0.00 Labor Subtotal 480.00 62% Burden 297.60 Labor Subtotal 777.60 10% OH&P 77.76 Labor Total 855.36 Total Labor& Equipment 1,084.60 2.50% Ins. & Bond 0.00 Office 17.05 0.00 $17.05 0.0 0.00 Pick-up 1 6.25 19.80 $26.05 8.0 208.40 Cat 390DL, Backhoe 161.96 144.05 $306.01 0.0 0.00 Cat 375, Backhoe 131.36 128.50 $259.86 0.0 0.00 Cat 365, Backhoe 152.13 127.25 $279.38 0.0 0.00 Cat 345, Backhoe 90.23 87.15 $177.38 0.0 0.00 Cat 330, Backhoe 58.78 53.90 $112.68 0.0 0.00 Cat 325, Backhoe 58.38 51.05 $109.43 0.0 0.00 Cat 322, Backhoe 41.51 42.20 $83.71 0.0 0.00 Cat 321 Backhoe 51.48 41.85 $93.33 0.0 0.00 Cat 312, Backhoe 35.91 28.60 $64.51 0.0 0.00 Cat 308, Backhoe 29.38 20.95 $50.33 0.0 0.00 Cat 235, Backhoe 110.03 88.80 $198.83 0.0 0.00 Deere 245 Backhoe 57.53 50.50 $108.03 0.0 0.00 Takeuchi, TBO16 Backhoe 5.65 5.35 $11.00 1 0.0 0.00 Kom PC35, Backhoe 10.85 8.40 $19.25 0.0 0.00 Cat 446, Ldr/BH 36.90 31.90 $68.80 0.0 0.00 Cat 420, Ldr/BH 16.39 15.75 $32.14 0.0 0.00 Cat 966, Loader 53.13 49.25 $102.38 0.0 0.00 Cat 950, Loader 32.19 32.20 $64.39 0.0 0.00 Cat 938, Loader 29.40 29.15 $58.55 0.0 0.00 Cat 936, Loader 25.88 33.10 $58.98 0.0 0.00 Cat 928, Loader 25.68 25.60 $51.28 0.0 0.00 Cat 926, Loader 23.18 23.05 $46.23 0.0 0.00 Cat 2628, Skid Ldr 20.60 17.95 $38.55 0.0 0.00 Bobcat, Skid Ldr 18.95 14.60 $33.55 0.0 0.00 Cat 12G, Grader 45.37 32.75 $78.12 0.0 0.00 Cat 12G, Grader 45.37 32.75 $78.12 0.0 0.00 Dump Truck 25.85 44.40 $70.25 0.0 0.00 Flatbed Truck 8.95 15.30 $24.25 0.0 0.00 Boom Truck 7.36 19.15 $26.51 0.0 0.00 Grove RT745 Crane 46.45 68.90 $115.35 0.0 0.00 Tractor 23.04 39.70 $62.74 0.0 0.00 Lowboy Trailer 17.90 10.60 $28.50 0.0 0.00 Asphalt Zipper AZ500 129.89 123.20 $253.09 0.0 0.00 Cat PM200 Miller 205.26 224.40 $429.66 0.0 0.00 Bomag MPH454R Asp Mill 137.73 98.90 $236.63 0.0 0.00 LEE -Boy As Paver 49.57 28.00 $77.57 0.0 0.00 Cat TL943 Shoot Boom Fork 28.47 22.15 $50.62 0.0 0.00 Street Broom 12.27 16.25 $28.52 0.0 0.00 Cat CB -224 Roller 14.12 9.45 $23.57 0.0 0.00 Cat CS -535 Roller 31.73 34.00 $65.73 0.0 0.00 D na ac Roll -S I CA251 D 24.03 28.05 $52.08 0.0 0.00 D na ac Roll-Dbl CC21 II 40.03 23.05 $63.08 0.0 0.00 Wacker Plate Compact 25" 6.11 5.75 $11.86 0.0 0.00 Su ertrack S-312 35.17 13.90 $49.07 0.0 0.00 Sullair 185 Air Cmp 4.20 15.20 $19.40 0.0 0.00 3" Pump 4.35 8.50 $12.85 0.0 0.00 4" Pump 6.68 5.00 $11.68 0.0 0.00 6" Pump 14.94 15.35 $30.29 0.0 0.00 8" Pump 13.72 5.05 $18.77 0.0 0.00 12" Pump 19.15 21.05 $40.20 0.0 0.00 12" Wellpoint Pump 45.35 27.10 $72.45 0.0 0.00 Well Point Header, 200 LF 10.00 6.75 $16.75 0.0 0.00 Tack Trailer 4.72 2.45 $7.17 0.0 0.00 Light Towers 5.88 4.20 $10.08 0.0 0.00 Arrow Board 3.07 2.40 $5.47 0.0 0.00 Message Board 8.10 3.30 $11.40 0.0 0.00 Cut-off Saw 1.28 1.25 $2.53 0.0 0.00 Small Tools 3.00 1.50 $4.50 0.0 0.00 Trash Pum 4" 8.52 1.19 $9.72 0.0 0.00 Trash Pum 6" 24.49 3.43 $27.92 0.0 0.00 Trash Pum 10" 31.88 4.46 $36.34 0.0 0.00 Cut Off Saw 16"1 7.10 1 0.99 1 $8.10 0.0 0.00 tquip sumotai ZUZ5.4U 10% OH&P 20.84 Equip Total 229.24 Page 787 of 1018 Boynton Beach 24" RWM Extension AW 2_16in RW Main Offset rev 4.19.22 Materials /Zi SOUTHERN UND ER GR O U N D f N D U S T R/ E S AW 2 16in RW Main Offset Vandnr I'lacrrintinn Mmntity knit knit Prim Tntal Core & Main 16" PVC c900 Green 80 LF 83.00 6,640.00 16" MJ 45 4 EA 1,475.00 5,900.00 16" MJ Sleeve 1 EA 1,365.00 1,365.00 16" Megalug for DIP 2 EA 215.00 430.00 16" Megalug for PVC 8 EA 275.00 2,200.00 16" MJ Accy Set 10 EA 50.00 500.00 Subtotal 17,035.00 6% Sales Tax 1,022.10 Subtotal 18,057.10 10% OH&P 1,805.71 Subtotal 19,862.81 2.5% Insurance & Bond - Total 19,862.81 Page 788 of 1018 AW 2 16in RW Main Offset rev 4.19.22 Subcontractors Printed 4/19/2022 AW 2 16in RW Main Offset Subcontractor Vendor: Description Quantity Unit Unit Price Subtotal 'enterline Directional Drill L&E to offset exisitng 16' Raw WM 1 LS 16,000.00 16,000.00 Subtotal 16,000.00 10.0% OH&P 1,600.00 Subtotal 17,600.00 2.5% Insurance & Bond - Total 17,600.00 Page 789 of 1018 Bid Proposal for BOYNTON BEACH 16" EMERGENCY REPAIR R! wrt:Location: BOYNTON BEACH, Bid Date: 10/11/202102:00 s' Core &:, Main 2030585 DUE P,t,,,, DISRUPTIONS, , z SHIPMENT.ARE SUBJECT TO PRICING AT TIME OF AVAILABILITY AND TIMELINESS OF SHIPMENTS CANNOT BE UARANTEED. THIS TERM SUP ERSE DE S ALL CONTRACT UAL PROVISION S 30 i 16" F®RCEMAIN REPAIR I 40 100 16 PVC C900 DR18 PIPE (C) 208 GRNPC235 FT 0 4 16 MJ 45 0153 P401 IMP I EA 70 2 16 MJ L/P SLV 0153 P401 IMP EA RO 2 16 EBAA MEG LUG M! DI 1116 RST F/DI PIPE,BLACK EA 90 10 16 ERAA MEGALUG F/C900 2016PV EA 100 -1 2 16 MJ REdULAR ACC SET L/GLAN' D LESS GLAND EA 9i 4 Core u Main 1101 W 17th St Phone:561-848-4396 Fmy,: 561-8 61 4 4 " / MM b;'r r Total 21,952.60 10/12/2021-11:33 PM Actual taxes may vary Page 2 of 2 Page 790 of 1018 L I it' 1 11, 1 M 11111� I I I 1111` 111, 1 Ilk, 111,, 111 11m," ou ....................... Directional Drilling Service, Inc., P.O. Box 2705 LaBelle, FL 33975 Office: 863-674-0913 Fax: 863-674-0912 Bill To SOUTHERN UNDERGROUND INDUSTRIES 1454 Sw 13th Ct. Pompano Beach, FL 33069 Invoice Date Invoice # 11/9/2021 S-018 Page 791 of 1018 P.O. No. Terms Project Due on receipt Woolbright Rd-Boyt... Quantity Description Rate Amount 16"'Wate.rmain Bypass 16,000-00 16,000.00 Job on: Harmening Memorial Park Boyton Beach, FL SCORE: 1. EXCAVATE TO LOCATE EXISTING 16" WATERMAIN ON EAsT AND WEST SIDE OF DRILLING RIG. 2, LOCATE EXISTING 16" VALVE FOR FUTURE SHUT' DOWN. 3, INSTALL BELL RESTRAINTS ON EXISTING 16" WATERMAIN. 4. PREASSEMBLE 16" 45 DEGREE BENDS AND BELL RESTRAINTS FOR BYPASS PIPE. 5. CUT EXIS'flNG 16" DIP WA'FEIWAIN AND CONNECTC-900 BYPASS WATERMAIN AS INSTRUCTED BY BOYTON BEACH UTILITIES ENGINEER, JOSE C.HUERTAS P,E. 6. BACKFILL AND COMPACT16" BYPASS LINE. 7. EXCAVATED AND REMOVED ABANDONED 16" DIP WATERMAIN AS REQUESTED BY BOYTON BEACH UTILITIES DEPARTMENT. 8, BACKFILED, COMPACTED AND REGRADED WORK SITE AS DIRECTED % PIPE CREW WV/CREW TRUCK &TOOLS $ 4,000.00 PER DAY 10. COMMENCED WORK ON SAT, 10/20,10/21,10/28,10/29. 11, PIPE CltEW 4 DAYS @ $ 4,000,00/DAY = $ 16,000,00 . .. . ...... Thank you for your business. Payments are only accepted via check. Please note we will never take payment Total $16,000.00 over the phone or via e-mail. Page 791 of 1018 CITY OF BOYNTONEBEACH FLOA) ORDER��.. � � PROCUREMENT SERVICES DEPARTMENT 100 EAST OCEAN AVE P.O. BOX 310 P.O. #: 210806 BOYNTON BEACH, FLORIDA 33425-0310 DATE: 02/22/21 VENDOR 1.8405 SHIP TO: TO: SOUTHERN UNDERGROUND INDUSTRIE City of Boynton Beach 1454 SW 13TH COURT EAST UTILITY ADMIN POMPANO BEACH, FL 33069 124 E. WOOLBRIGHT ROAD BOYNTON BEACH, FL 33435 LINE$# QUANTITY UOM ITEM NO. AND DESCRIPTION 1 690929.06 DL SCOPE OF WORK: Installation of 24IN ductile iron pipe and 30 HDPE pipe from the Eastern Wellfield at the Little League Park to the East Water. Treatment Plant.: UNIT COST 1.0000 REMARKS: COMMISSION APPROVED ON JAN 5, 20921 TO AWARD CONTRACT TO SOUTHERN UNDERGROUND INDUSTRIES, INC X1'00 llOi 111'WE C13 PROCUREMENT SERVICES: ACCOUNT NO. PROJECT 403-5000-533.65-02 WT2003 P.O. TOTAL: EXTENDED COST 690929.06 690929.06 DEPARTMENT Page 792 of 1018 1 RESOLUTION NO. R21-012 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, 4 APPROVING AND AUTHORIZING THE CITY MANAGER TO 5 SIGN A CONTRACT WITH SOUTHERN UNDERGROUND 6 INDUSTRIES, INC. FOR THE 24 -INCH RAW WATER MAIN 7 EXTENSION - LITTLE LEAGUE PARK TO EAST WATER 8 TREATMENT PLANT PROJECT, BID NO. ITB 039-2821-20/TP IN 9 THE AMOUNT OF $690,929.06 PLUS A 10% CONTINGENCY OF 10 $69,092.91, IF NEEDED FOR STAFF APPROVAL OF CHANGE 11 ORDERS FOR UNFORESEEN CONDITIONS, FOR A TOTAL 12 EXPENDITURE OF $760,021.97, SUBJECT TO FINAL REVIEW 13 AND APPROVAL BY THE CITY ATTORNEY; AND PROVIDING 14 AN EFFECTIVE DATE. 15 16 WHEREAS, on December 2, 2020, four (4) bids were received for the 24 -inch Raw 17 Water Main Extension — Little League Park to East Water Treatment Plant project, Bid No. 18 ITB 039-2821-20/TP: and 19 WHEREAS, based on the evaluation of the information provided with the bids, 20 Southern Underground Industries, Inc. is the lowest most responsive, responsible, and 21 qualified bidder; and 22 WHEREAS, the City Commission of the City of Boynton Beach upon 23 recommendation of staff, deems it to be in the best interest of the citizens and residents to 24 approve and authorize the City Manager to sign a contract with Southern Underground 25 Industries, Inc. for the 24 -inch Raw Water Main Extension - Little League Park to East Water 26 Treatment Plant project, Bid No. ITB 039-2821-20/TP in the amount of $690,929.06 plus a 27 10% contingency of $69,092.91, if needed for staff approval of change orders for unforeseen 28 conditions, for a total expenditure of $760,021.97. 29 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 30 THE CITY OF 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. S-\CAORESCNAgreements\Contract with Southern Underground (Raw Watet Main Extention) - Reso.docx Page 794 of 1018 33 34 Section „2. The City Commission of the City of Boynton Beach, Florida, hereby 35 approves and authorizes the City Manager to sign a contract with Southern Underground 36 Industries, Inc. for the 24 -inch Raw Water Main Extension - Little League Park to East Water 37 Treatment Plant project, Bid No. 11-B 039-2821-20/TP in the amount of $690.929.06 plus a 38 10% contingency of $69,092.91, if needed for staff approval of change orders for unforeseen 39 conditions, for a total expenditure of $760,021.97, subject to final review and approval by 40 the City Attorney. A copy of the signed Contract is attached hereto and incorporated herein 41 as Exhibit "A-. 42 Section 3. That this Resolution shall become effective 43 immediately, PASSED AND ADOPTED this 51h day of January, 2021. 44 CITY OF BOYNTON BEACH, FLORIDA 45 YES NO 46 47 Mayor - Steven B. Grant 48 49 Vice Mayor - Ty Penserga 50 51 Commissioner - Justin Katz 52 53 Commissioner - Woodrow L. Hay 54 55 Commissioner - Christina L. Romelus 56 57 VOTE - 58 ATTEST: 59 60 u��', 6 crystal Gibso .MMC ,$,F �t»,kb x 6 City Clerk #8, 63 �" w tib � °. �qg • 64 65 (Corporate Sea]) , ` �a t � �• c e a S 1C'AXRESOkAgrcensentsl('ontract with Southern Underground (Raw water Main Extention) • Reso docx Page 795 of 1018 Er. DRAFT CONSTRUCTION CONTRACT 241N RAW WATER MAIN EXTENSION LITTLE LEAGUE PARK- EAST WATER TREATMENT PLANT THIS AGREEMENT is entered into between the CITY OF BOYNTON BEACH, a municipal corporation, hereinafter referred to as "CITY", and — mm mmIT, a corporation partnership sole proprietor authorized to do business in the State of Florida, hereinafter referred to as the "CONTRACTOR". WHEREAS, the CITY has awarded to the CONTRACTOR the work of performing certain construction services. WHEREAS, at its meeting of _w -,,M , 2020, by Resolution No.:,__,,, the CITY Commission authorized the proper CITY officials to execute this Contract hereinafter referred to as Contract No.: ........ __ and; NOW, THEREFORE, CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. SCOPE OF WORK. CONTRACTOR shall fumish all plant, labor, materials, and equipment and perform all the necessary WORK in the manner and form provided in the Contract Documents entitled: 241N RAW WATER MAIN LITTLE LEAGUE PARK — EAST WATER TREATMENT PLANT, „Invitation to Bid #039-2821-20/TP. Article 2. CONSULTANT. City of Boynton Beach. ('CONSULTANT") has designed the Project and will assume all duties and responsibilities and will have the rights and authority assigned to CONSULTANT in connection with completion of the WORK in accordance with the Contract Documents. Article 3. CONTRACT TIME; LIQUIDATED DAMAGES. 3.1 The WORK will be substantially completed within 120 calendar days from the date when the Contract Time commences to run as provided in paragraph 2.3 of the General Conditions, and completed and ready for final payment in accordance with paragraph 14.9 of the General Conditions within 30 calendar days from the date of Substantial Completion. 3.2 Liquidated Damages. The CITY and CONTRACTOR recognize and acknowledge that time is of the essence of this Contract and that the CITY will suffer financial loss if the WORK is not completed within the times specified in paragraph 3.1 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. Each of the parties acknowledges that it has attempted to quantify the damages which would be suffered by the CITY in the event of the failure of CONTRACTOR to perform in a timely manner, but neither one has been capable of ascertaining such damages with a certainty. CITY and CONTRACTOR also recognize and acknowledge the delays, expense and difficulties involved in proving in a legal preceding the actual loss suffered by the CITY if the WORK is not completed on time. Accordingly, instead of requiring any such proof, the CITY and CONTRACTOR agree Bid No. 039-2821-20/TP — 24 -IN RWM MENTION LITTLE LEAGUE-EWTP L-1 Revised 10/7/2020 Page 796 of 1018 that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay the CITY, —TBD--,-,,-, Dollars ($mm m_ _) for each day that expires after the time specified in paragraphs 3.1 for substantial completion until the WORK is substantially complete. After Substantial Completion, if CONTRACTOR shall neglect, refuse or fail to complete the remaining WORK within the Contract Time or any proper extension thereof granted by the CITY, CONTRACTOR shall pay CITY _TBD Dollars ($ ) for each day that expires after the time specified in paragraph 3.1 for completion and readiness for final payment. Article 4. CONTRACT PRICE. CITY shall pay CONTRACTOR, for faithful performance of the Contract, in lawful money of the United States of America, and subject to the additions and deductions as provided in the Contract Documents, a total sum as follows: Based on the Contract prices shown in the Bid Form submitted to the CITY as subsequently revised and as stated herein, a copy of such Bid Form being a part of the Contract Documents, the aggregate amount of this Contract (obtained from either the lump sum price, the application of unit prices to the quantities shown in the Bid Form or the combination of both) not to exceed: (Written) Article 5. PAYMENT PROCEDURES. er .................ical) ..........__........_ . (Num CONTRACTOR shall submit Applications for Payment in accordance with Article 14 of the General Conditions. CITY will process Applications for Payment as provided in the General Conditions. 5.1 Progress Payments. CONTRACT may submit an Application for Payment as recommended by CONSULTANT, for WORK completed during the Project at intervals of not more than once a month. All progress payments will be on the basis of the progress of WORK measured by the schedule of values established in Paragraph 2.9.1 of the General Conditions and in the case of Unit Price Work based on the number of units completed or, in the event there is no schedule of values, as provided in the General Requirements. 5.2 Prior to Substantial Completion progress payments will be made in an amount equal to 90% of WORK completed, but, in each case, less the aggregate of payments previously made and less such amounts as CONSULTANT shall determine, or CITY may withhold, in accordance with paragraph 14.5 of the General Conditions. 5.3 CONTRACTOR shall submit with each Application for Payment, and updated progress schedule acceptable to the CITY and a Warranty of Title/release of liens relative to the Work that is the subject of the Application. Each Application for Payment shall be submitted to the CITY for approval. The CITY shall make payment to the CONTRACTOR within thirty (30) days after approval by the CITY of CONTRACTOR'S Application for Payment and submission of an acceptable updated progress schedule. 5.4 Five percent (5) of all monies earned by the CONTRACTOR shall be retained by the CITY until Final Completion of the construction services purchased (defined as that point at which one hundred (100) percent of the construction of the work as defined in the Contract Schedule of Values has been performed under the contract by the CONTRACTOR) has been reached and acceptance by CITY. 5.5 The CITY may withhold, in whole or in part, payment to such extent as may be necessary to protect itself from loss on account of: Bid No. 039-2821-20/TP - 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP C-2 Revised 10/7/2020 Page 797 of 1018 a. Defective Work not remedied. b. Claims filed or reasonable evidence indicating probable filing of claims by other parties against CONTRACTOR, c. Failure of CONTRACTOR to make payments properly to SUBCONTRACTORS or for material or labor. d. Damage to another CONTRACTOR not remedied. e. Liquidated damages and costs incurred by the CITY for extended construction administration. When the above grounds are removed or resolved or CONTRACTOR provides a surety bond or consent of Surety, satisfactory to the CITY, which will protect the CITY in the amount withheld, payment may be made in whole or in part. 5.6 Final Payment. Upon final completion and acceptance of the WORK in accordance with paragraph 14,10 of the General Conditions, CITY shall pay the remainder of the Contract Price as recommended by CONSULTANT as provided in paragraph 14.10. Article 6. CONTRACTOR GUARANTEE. CONTRACTOR warrants all work, materials and equipment shall be free from damages and/or defects owing to faulty materials or workmanship for a period of one (1) year after completion of the WORK covered by this Contract. The CONTRACTOR, free of all costs to the CITY, shall replace any part of the equipment, materials, or work included in this Contract, which proves to be defective by reason of faulty materials, damages, and/or workmanship within twelve (12) month period. Article 7. CONTRACT DOCUMENTS. The Documents hereinafter listed shall form the Contract and they are -as fully a part of the Contract as if attached hereto: 7.1 Invitation to Bid 7.2 Instructions to Bidders 7.3 Bid Forms (including the Bid, Bid Schedule(s), Information Required of Bidder, Approved Bid Bond, and all required certificates, affidavits and other documentation) 7.4 Contract 7.5 Contractor's Performance and Payment Bond 7.6 General Conditions 7.7 Special / Supplemental Conditions 7.8 Technical Specifications 8.8.1 City Construction Standards and Details (available online at: www.tonton,- beac�l.:� r� ��(ar �aksd�i� ����� CM)MI�aC,Ca0n) 7.9 Drawings entitled: Cover, 7.10 Addendum No. 1 Dated Bid No. 039-2821-20/TP - 24 -IN RWM MENTION LITTLE LEAGUE-EWTP Revised 10/7/2020 ra Page 798 of 1018 ARTICLE 8. NOTICE: All notices required in this Contract shall be sent by certified mail, return receipt requested and if sent to the CITY shall be mailed to: City of Boynton Beach Utilities Department Attn: Jose Huertas, Senior Project Manager 124 E. Woolbright Road Boynton Beach, FL 33435 Tel (561) 742 - 6487 And if sent to the CONTRACTOR shall be mailed to: CONTRACTOR ADDRESS CITYISTATE/ZIP Attn: Tel: Fax: Article 9. INDEMNITY. City of Boynton Beach Finance Department Attn: Director of Finance 100 E. Ocean Avenue Boynton Beach, FL 33435 Tel (561) 742-6310 Fax (561) 742-6316 In consideration of Twenty -Five Dollars ($25.00) in hand paid and other valuable consideration, receipt of which is hereby acknowledged, CONTRACTOR agrees to defend, indemnify and hold harmless the CITY, its agents and employees, in accordance with paragraph 6.17 of the General Conditions which is incorporated herein and made a part hereof as if fully set forth herein. It is the specific intent of the parties hereto that the foregoing indemnification complies with Florida Statutes 725.06. It is further the specific intent and agreement of said parties that all of the Contract Documents on this Project are hereby amended to include the foregoing indemnification and the Specific Consideration. Article 10. REIMBURSEMENT OF CONSULTANT EXPENSES. Should the completion of this Contract be delayed beyond the specified or adjusted time limit, CONTRACTOR shall reimburse the CITY for all expenses of consulting and inspection incurred by the CITY during the period between said specified or adjusted time and the actual date of final completion. All such expenses for consulting and inspection incurred by the CITY will be charged to CONTRACTOR and be deducted from payments due CONTRACTOR as provided by this Contract. Said expenses shall be further defined as CONSULTANT charges associated with the construction contract administration, including resident project representative costs. Article 11. FLORIDA'S PUBLIC RECORDS LAW. Sealed documents received by the City in response to an invitation are exempt from public records disclosure until thirty (30) days after the opening of the Bid unless the City announces intent to award sooner, in accordance with Florida Statutes 119.07. The City is a public agency subject to Chapter 119, Florida Statutes. The Contractor shall comply with Florida's Public Records Law. Specifically, the Contractor shall: 11.1 Keep and maintain public records required by the CITY to perform the service; 11.2 Upon request from the CITY's custodian of public records, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statue or as otherwise provided by law; 11.3 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 Bid No. 039.2821-20/TP — 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP C•4 Revised 10/7/2020 Page 799 of 1018 duration of the contact 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, 11.4 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. 11.5 IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS: CRYSTAL GIBSON (CITY CLERK) 100 E. OCEAN AVENUE BOYNTON BEACH, FLORIDA 33435 561-742-6061 GIBSONC@BBFL.US Article 12. 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. Article 13. MISCELLANEOUS. 13.1 No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents, 13.2 CITY and CONTRACTOR each binds itself, their partners, successors, assigns and legal representatives to the other party hereto, their partners, successors, assigns and legal representatives in respect of all covenants, agreements and obligations contained in the Contract Documents. Bid No. 039.2821-20/TP - 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP Revised 10/7/2020 Page 800 of 1018 "This Agreement will take effect once signed by both parties. This Agreement may be signed by the parties in counterparts which together shall constitute one and the same agreement among the parties. A facsimile signature shall constitute an original signature for all purposes." IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year set forth below their respective signatures. IN WITNESS WHEREOF, the parties hereto have executed this Contract in multiple copies, each of which shall be considered an original on the following dates: DATED this day of ..w.... , 2021. CITY OF BOYNTON BEACH COMPANY Lori LaVerriere, City Manager 5 gnature), Company Print Name of AuthorizedOfficial 4Ti le °m - (Co Attest/Au 4� ° u n a� M '0f WF;o � 0 Official SEAL, 2008 )CO), �vnness Print Naime��.�'�� Approve s to Bid No. 039-2821-20/TP — 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP Revised 10/7/2020 [m Page 801 of 1018 M CITY OF BOYNTON BEACH E -VERIFY FORM UNDER SECTION 448.095, FLORIDA STATUTES 24 -INCH RAW WATER MAIN EXTENSION LITTLE LEAGUE PARK — EAST WATER Project Name: TREATMENT PLANT Solicitation No.: 039-2821-201TP 1. Definitions: "Contractor" means a person or entity that has entered or is attempting to enter into a contract with a public employer to provide labor, supplies, or services to such employer in exchange for salary, wages, or other remuneration. "Contractor" includes, but is not limited to, a vendor or consultant. "Subcontractor" means a person or entity that provides labor, supplies, or services to or for a contractor or another subcontractor in exchange for salary, wages, or other remuneration. "E -Verify system" means an Internet -based system operated by the United States Department of Homeland Security that allows participating employers to electronically verify the employment eligibility of newly hired employees. 2. Effective January 1, 2021, Contractors, shall register with and use the E -verify system in order to verify the work authorization status of all newly hired employees. Contractor shall register for and utilize the U.S. Department of Homeland Security's E -Verify System to verify the employment eligibility of: a) All persons employed by a Contractor to perform employment duties within Florida during the term of the contract; and b) All persons (including sub-vendors/sub-consultants/sub-contractors) assigned by Contractor to perform work pursuant to the contract with the City of Boynton Beach. The Contractor acknowledges and agrees that registration and use of the U.S. Department of Homeland Security's E -Verify System during the term of the contract is a condition of the contract with the City of Boynton Beach; and c) Should vendor become the successful Contractor awarded for the above-named project, by entering into the contract, the Contractor shall comply with the provisions of Section 448.095, Fla. Stat., "Employment Eligibility," as amended from time to time. This includes, but is not limited to registration and utilization of the E -Verify System to verify the work authorization status of all newly hired employees. Contractor shall also require all subcontractors to provide an affidavit attesting that the subcontractor does not employ, contract with, or subcontract with, an unauthorized alien. The Contractor shall maintain a copy of such affidavit for the duration of the contract. Bid No. 039-2821-20/TP — 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP E -Verify Form THIS FORM SHALL BE EXECLI BY CQNTRACTOR AND SUBMITTED AT AWARD Page 802 of 1018 3. Contract Termination a) If the City has a good faith belief that a person or entity with which it is contracting has knowingly violated s. 448.09 (1) Fla. Stat., the contract shall be terminated. b) If the City has a good faith belief that a subcontractor knowingly violated s. 448.095 (2), but the Contractor otherwise complied with s. 448.095 (2) Fla. Stat., shall promptly notify the Contractor and order the Contractor to immediately terminate the contract with the subcontractor. c) A contract terminated under subparagraph a) or b) is not a breach of contract and may not be considered as such. d) Any challenge to termination under this provision must be filed in the Circuit Court no later than 20 calendar days after the date of termination. e) If the contract is terminated for a violation of the statute by the Contractor, the Contractor may not be awarded a public contract for a period of 1 year after the date of termination. STATE OF ) COUNTY OF j The foregoing instrument was acknowledged before me by means ofd physical presence or u online notarization, this 11 qay of ��,���� ave) by Sen behalf of _...� ..�� He/she is qwYsona Ily kno gin'"to me or has produced as identification. �y°0 Notary PuW Slate of Florida Lisa valenda a My commission GG 116590 �NOTAR UBLIC W Expires 0611912021 ` (Name of Notary Typed, Printed or Stamped) ... �_ ......... _.__..._. . ms.,,,,,µ Title or Rank Bid No. 039-2821-20/TP — 24 -IN RWM EXTENTION LITTLE LEAGUE-EWTP THIS FORMSHALL, BE EXECUTED BY CONTRACTOR AND SUBMITTED "GV Serial number, if any E -Verify Form Page 803 of 1018 7.M. Requested Action by Commission: Approve Amendment No. 1 to Task Order UT -313-03 with AECOM in the amount of $151,840.00 for professional engineering services required for the repair of the Raw Water Transmission Main on Woolbright Road. Explanation of Request: On February 15, 2022, the City Commission approved Task Order UT -313-03 with AECOM to perform an alternatives analysis to identify potential repair options to return the damaged raw water main to service. The City's 36 -inch transmission main along Woolbright Road conveys raw water from the western wellfield to the East Water Treatment Plant. The raw water main was damaged by a geotechnical firm performing soil borings for FDOT's proposed improvements to the 1-95 Interchange at Woolbright Road. AECOM completed the evaluation of alternatives, and the preferred option is point repair of the damaged pipe, which will require lane closures along Woolbright Road. If approval from Palm Beach County cannot be obtained for the lane closures, the City will consider a more costly option of compression slip lining of the existing pipe. Amendment No. 1 provides the scope of services for the engineering design, permitting, bidding, and construction management for the repair of the damaged raw water main. How will this affect city programs or services? The engineering design and preparation of bid documents will allow the City to bid the project and hire a contractor to complete the point repair or compression slip lining. Repair of the raw water main is critical to Utilities operations and restoring the full raw water supply to the East Water Treatment Plant. Fiscal Impact: Funds for the project are available in the Utilities Cl P account. Alternatives: Do not approve the task order. Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Page 804 of 1018 Attachments: Type D I E)ttENr D Ag ir'EsE) rTIE) II'l t D A rTIE)ind rTIENI'l t D A ttac h rTIE) II'l t Description AECOM Agir'E)E)irTIE)l['It I E)ttENr AECOM E)((.�'CL.JltEdAgir'E�IENrTIENI'lt AIi:::.CO If aw VV FM IRE)paiirIC: E)Siglll T,,.--.isk OrdE)r Flroposal rTIE)indirTIENI'lt INoa 1 AIi:::.CO If aw VV FM IRE)paiir Ii E)Siglll F:::E)E)S ArTIE)indirTIENI'lt INo 1 Page 805 of 1018 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 :; enko k u aecom.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 pratttQ bfl.,ALs 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, ly,6,. ai,.c Mara Frederiksen Director of Financial Services H America's Gateway to the Gulf Stream Page 806 of 1018 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 BID: GENERAL CONSULTING SERVICES SCOPE B (Infrastructure Improvements & Evaluations) BID No.: RFQ 046-2821-171TP Agreement between the City of Boynton Beach and AECOM TECHNICAL SERVICES, INC. AGREEMENT RENEWAL TERM: SEPTEMBER 7,2022— SEPTEMBER 6, 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) AECOM TECHNICAL SERVICES, INC. NAME OF COMPANY NAME OF REPRESENTATIVE (please print) l DATE SIG1,14TUPRE TITLE (AREA CODE) TELEPHONE NUMBER America's Gateway to the Gulf Stream Page 807 of 1018 0 77''! 7 1! 1," 1 ! �i I 1" 1, 11,11", 1, =ZAVU 031 WKTTFJP� THIS AGREEMENT' Is entered into between the Cky of Boynton Beach, hereinafter referred to as 1he CIT)r, and AECOM TECHNICAL SER)ACES, INC., hereinafter referred to as 1he CONSULTANr, in consideration of the mutual benefits, terms, and conditions hereinafter specilled. K 4:91117115 Scope Category A WaW Plant Modifications. Capacky and Operations EvakJabon Scope Category 8 Intrastnxture improvements and Evaluations Scope Cate" C Ancillary Studies and Services Scope Cate" D Transporlallon Services Scope Category E Archiacbmal and Landscaping Design Services 1.2 SERVICE AND RESPONSIBILITIES 1.2.2 The CONSULTANT is responsible for detscls-in Its, work and in the work -of Re Sub-consultante wodL na W="A8rWMmf bm 11he sammmingaig dw fcrm"CODUW�-, I&Y Bwch Uffitku Omm, I QMN.AdUg SCIVi'M yntm C�.j 'V,5 CLEAN FINAL Page 808 of 1018 1.13 PIREUMUNIARY SEFWICES PHASE., TM CONSIULTAI 14T pre . pare prellminary studles anid rexports,!,foasibifty Sbiliffies,financim.- and ft r -&-cal btWim and evalluation of wkdng facilities, pr"reffion cwf sci-mmidic layouts and skiMdies whem. requlred,, developcondmiclM. n budg eft, opiniorm of F1YobabI9GrjnWucMimr% Cost, andshell oarntift and confer wtth the 1123 1 Yiims rriay be necessary fbr the CITY to remach the subjed, matter. Tbe 1ION SIULTANTstim,11 aM.ncll meeflnwwMthm lir,.;;','ITY Ownimission sind cirr in as rnray be required, and pr " the CITY with a fime scheid, uW whichsteal l Include but rxk- be limiled fry mbrnidal of all mHestoces reJeW tolkhm V.:smjeft i*0 4ru elivery of TO licxim9ruction docurnerb. 12A During the prefirrwinary serAm phase, the U.)INISUL DUN r shall advlscx,� the C11Y, bmd on CONS11 ALTANrS jpvcFmional opinion and the cur projed, condIfflorim mind reawmablij fry remmseWs imnidlIflons, iON the ir,ximpiderm.-ma, crfmclabng data arid fts, suMsbility for the irdendmi purposes of the projec4 C0111145ULTAJIliff'It O Obtaiin dato frorn othersourtm; ikderARV and armlym ran cli.ilremoft cwV11jawernmental uft ft.. havirg jur-firidic0on to approm ft deelgri oUllf,16 projW1,; provide analyses c* he CUTY"S neeclis for slurvqffi, perfftm sft mmkiations and cornparoWe skOles of pirospedtm iiifte ard solubons;and preprim and IfUrnrmV i0i im ort to the City setflirig fbrth ft CONSULTAN 1`19 find Ir. s and I rnmencWHOns. i2roviding iiirrytylmu,,,, of'Wor.m.-Ay suinop or related engineering 11 srudl Irmwd, imd,ft- the, transftr of, IntV wits in proplirift, and field smarm mys fordm.-Mgin ;iuWses and erwjineedng surve- p.. a nd ,Makina tico enable Cont mc cirw to pmov.. edwIlh UWjr wark, Imind prwiding ic*wr, special fleld surwy& 1.v2!.4.2 PrelWnary diesigin m*w to he p4liff-lbemed by the CONSU111 TANT shall indude consIII ficorh andmdOk, cmnomming the adent whd OWIM Of PnDpowd work ,,offid per eparia-Won of IIS rWirMnauy dk*!4ndocumenIps cormist1iin. oll' damig.in crites,, rxWlirnlinary Irl mmngs, and ctirtilme speeffic0cric, as well am p.:nwAirnliriary ssfirnates of probab 16,EnatucAfflon Cc. ab. This phama 'u pp ulmw lnd#,.,W, e pier, Varadon of a pieAlminary sitim ;dsn irw sc4mmiaric drir.riuvings,wheri aprNapfiete. Up to Or jflS)ir.,,,xq:flF.wj Of 'the prellim1riary ide, sign docurnew-As shall pie furnishill im-1 to ffhe IDM, thp exact. number needed Owl be d6lamim-A. by ft C O"ITY, 1.2.4,3 11CONSULTANT shall iprulidde emkorwairintal assessrinot itirld himpmA staWnents as rociullred to determirma, the adtabill-ty of the !sic arwd Its scmurds for the 11pioposed projimict, andfo w, 1.2.,4,4 lUpon muttiortaWn of the CATY,1 provide advice and assistance relabing tO Dperlifi'0111 aM.1 rVERint mance of prplect icir othcwssjoems,- eMucite and report nrJurn opersiblons,; asshA thel, aCITY in matters relabirg to YuguMory agency operdons reMewor opimating l::iermit. Ilr on wmpflanrz; asoM 1;m T% Be".IlAffifirm - Gow.memlCumulting1%mmm C�2 'V,,5 111TINA.E., Page 809 of 1018 wth startulp and operator VaInIng -For novdy. installed or imodMed equipment aird processes, and in Iprepwaboin -of qmmUng, malintensin ce and stalfling manuals for Ipim,,ject., 1.2.6 Final design senArAn shall aliso lin dulft preparafion of pwmft apIpfications; as imay be mquilired Ib y such ageneft ' as Ih.ave Ilegail imWew author over the project. "Thwe appliceflons shag Indiude beat incitbe limitedto isle iplain approvals Ipamits and work iafforts and shell also Consist of mfi Ilivel and mwhings vAth the appirapdaft governing body and the CrrY,'I Unhm WedMinally provided for iunder the final desigh p1hase, pnmit applicaUon serftes, do riot lindude opplicaboris inquiring erwWronmertall limpact statuments or ens ronIsm airdal assessments, cons uimplive use 1pemfts and lancMIll peanfts., BOYUbDz03kar* Uffiffies Gwam] rUnwhing Senicas Cr 3 V3 CLEAN IFINAIII., Page 810 of 1018 of genemt madimt cond[fions.. 1.2.6.5 The CONSULTANT shall submittD the CITY for each jpijectfl elerAmilic formt and Up W SIX (6) OOPI[eS. of 'die Consiruction Documents, and a lUrther revised estimate of totall probable Cmc .in 1. m7 The CONSWILTAN"r shai Ipindide the rAinstmictlaindommei nts, twhnIcal spedfications and drawinge oompleW in accordance -%Mth gene mily accepted prokssimnal Ipracbm sind prindp1lbs. and Rn imanner consistent wfth the level of care and sk:11111 ordlinarilly mmircJwd lby mwnbers of the prafession rAjiwmffy pirm:hdng unider Similar coindifions. 1.2.8 'The CONSULTANT 1l lig the C11T)rS apprimal of this Construction Docuirneints and ft Wed. imbimate of pmbable CiDn9ftdilion Cost Shall when s6 dilimclied and auUwftW hy the CITY, assII1 iIn olMolning Ips iimegii Ipmom. Is, and assist rin prelpoing contrads for ounstmr.Alon. a-Wynion Reach thilitics- G enr1W, ConwifiC9 Swiview. ic114 V.3 CF.17AN FINAL Page 811 of 1018 1.,2A1 Il hiis COININSULTANT sm1 ire%!BW and snalyZe the llis rew....iii ved by ft_ CITY and shadl make a rocarnimendafion'bir an win,rd based onthe C111 IYSPirocuremF.vt Adirnlinistra5w Policy Manuel - 1.2.8.2 Any Opinion of the Construction IpI9eupaired. by CONSILA IAN"r 1r„ rissoIliLsJud gmem as a de.-Aign iprafessilloinall and is aulpipflod 9r the general guidance or the CITY Sis CONSUI tAIV Ihas nll mor imarket. conditions, COINSIULTAN 111" does not guaraintee the accumey air such c.)piinlons an ir.mrinpared to aonftactor bids CW ach.sal ccat. -to this CIl' Iii the prof ,m Is in aidtlimW for prole 0, Bab Within 'I (3) arm onthsafter diallwery of Flinal 1113asigin Plans, thrcA.M.h no fault of the 1[ AULr iif efther Incal maffka. t conditions or lindustry- Wde priew h,w.e dian'gied bacause of unu-suail or unanficipaNW events ~Ing,lhe general Luml and prices Or times of delivery. !in 0-iie coiniftetion InduOy,thip r-fiftblished Consbuction Cost 11111irnit may be acQusled as ddermllined Ib y t1he C11 TIM Ftopreserftfrm and ius approved by the ClI IFY, W neomary. Additionallily, If the C11'"N axpends a projed swipe of work aftir the CONSLO11 TAN r rans the Final WlrnabrA 11prolbable C(Wd*UcVon Cost. of the Flinall Design I Plans,the COINISI OLTAIN I` WWI iniat be responsible fbr sing red esigin wilithout carn$:wnsafion vAilich shall -be rnadivalIly agreed to by ' m Ipeirfies heretio. 1.2.8.3 The CONSUIL '. TAN"r sihasi provide ft CITY with a llist of =omirnended prospeft-1ve W ders. -- 1.2.8.4 The CONSULTANT shag attend all pre...propowiII/ per bid GD"ftWCO- S. 1.2.8.6 The 1100INS11AIJANT shal.11 irecommand any addenda, through this CITY'S mpirweintagm as appropriske, to claft, coirrect, or dhange proposal documerft. 1.2..8 6 ITPre-Quallifil of bidders is reqrel rmA as 99 Irbirth lin the R,oqL*d for I112rqx=IS Or' IlinvibWon t IBid (tw­stop bid proce. .59), COINSUL"I"AINT' shall amist -the CI In(,, if ircquested lin deM. opling qualMa"ons critefla, revh3w qual1lificatiloins and rewrinimiend, accelIance ow- rqerAlon ofthe bidders. l 2.8.7 If requested, CONSUUTAhrr shall mr ll Iproposais and bidder's* end make itecornirowdlitiliOnS IMg8rdlin g eirry award Ib y the CITY., 1.2.9 The CITY sheill make dFrislion on lill rJalims regaMing Intaypretation of the Construction 1113ocummft, and On all other mWeim rdating to the w-mcutloin aind progres% of the 'Work aft rram."ving a i. :xinimewdadon ftm. the COINSL&TAN r., "itie c6iNsuii_­TAiwr shail chleck scheditdes', shop draWings and mAhw submilesionis fbir the ifirnik.-A. pi�.irpqse of diedding conformance wfththe cmincept of the pn4od, and kir complianop Wkh the rilrdormation gWi lby the Cormm m " IDScurnerft. The CONSUIII TA.NT shallialso rew change orders pin.i4miredaind suil:nftud Ib y Contractor and rewiew and maI rewimmendations 'to the City for, progrew payments to the Contractor based oin each projed schadL111110 ci values and the percentsige of work oomplabod. "'The COIll SM TANT vAll neiffw haw, lkivtw,'Bearmm' Utififias ­ General Ckiwdfing Senrices 04 'V.5 CLEANFI.119AL Page 812 of 1018 conW over or charge of, nor be responsible fir, the 00ins-IFUcomm rntwns, methods,, te0iniques. sequences, or procedures, or for the safety pna,cAutions a Iprograms in connedloin with the constniction of the assigned hak order Ipseci& 12,9.1 The C111TY shall malintainare w -rd of all change orders i sliall The categorized to the �AWous 141m, causes, etc. that may. The determIsm ed useful and necessaryfor ift purpose 1„2.92 lhf the CONSULTANT Is root the Construdion Manager -fbr time constnidlon, the CITY shall ni the CONSULTANT withliri thres. (3) idays of the dlwovwy of any amhbdurallbingineering eaDir or omission sothat the CONS UL ANT can The jpart of this negotiations rewlying the ctialirn between 'the CITY and -this r,m*mftr. 1.2.10 'This IPL" ANT shall ulil iteiirlew and exMinethe Cointractior's schedule of values, together with any, supporting documentaflon. The pw-pose of such irWiew and wmirninii Will be to prated thins C111" from en unbalarxed schedwile of values which allocates grei value to ceftin elements of each pripject. than is indicsWd Ib y industry. standards, supporting documeMation, or date. 111f the schedule of walues is not -found -be The approprlate,, it shall The returned to the Contractor for revislon for,yup porting docurnentation,, Aftr malking such examination, when the schedUe of values is founid to be appropriate,, the CONSUL MINT shall slgri Aha. schedule of values iindlcaW Wormed belief that tte schedule of values constWe a rienoinalble, baLsniced baMs -F" paymett afthe.Applicatiii it Pa.yrneM -to the Cordmii Boynbim Bawh UtUffin - ii VAxwdtingl9mvim C-15 "i CLEAWKNAL Page 813 of 1018 GOinfractor and shaN liesue Certillicates.. 'for, IIG; : nerdiNru such amouinL I hese use ,. mr NN corotli a p „ of Nr'r to the CITY based on wich b servallons and this , i p ' iin the ApIpI111=0onfor Paym, ent'iu t 'tlh work lly ir„ 'to NINA pt.)Iint N '° . I!3y issuling a Cerfficatpr of Paymei is. CONSULTANT will alsorepresent. -to the C I IiYtliat in the f f its linfomna0ion and b Mef, bmd on *ftet Its obsentaffitm have revealed the rlic 111r, rh accordance wfth the Construction Documents., h GONSUL.TANTh 4'N, rr b ions 'to detenmine-the M.f.m. of u l " N andnall' o 1, issue a recornirnendallon for final Ipsymient 1.2.12 The CONSUI„,,I1„, „r 1 m -Wee the CoinishicAloin dimudnigs and sulbirnift record r the C1111 to thcies changwx made diuring thein r uchi 1prormirt., 1 '” marked up prints, draMings and other d6datuirnirshed by the Coniftnictor, 'fie ir exvnd drawingeN i11 b provided N in W-ectrionl0offnat inriu " rmff fmm @ n Aub fill rr foray pallbi with �,fn of Autoraid rormialsfoir archWal purpcms. 12,13 .The IN III,,,&TANT s1haill aftrid regullairty rxhiedullirml progrems imedngs oin silk Ibii amonthily or as otherMse determined based rr "„, need established prior to consVucdoin bythe iTy. 1 „2.14 N,.b CONSU II -TAN' i' shall ir'change Ift it for CII appy IN. CON, f.T inateuthorize any dianges lin't r or'irrm „ ric matter, Ihow rryiiunoir wftlhoiiA Nyr'mr,w written alippu.mal by the CII 1.2.15 Each 1KqGdg Construction or dernollition ail The con,„ r”' e u upon complilatibin of a purichlist IbyN IN,..TAN r,. filch shall be timely wm1pleted by ConVadwtotheNf Nuen of -the CITY,wrift. n inadfication to rrrr ctor by CONSUll,,,,Tthat all rekwees of Illiens ire wfieftwd and wifflan ,p rnrurm u °gum by (MiNSiIIJILTANT fbr final paymiert -to this Conlradnr wtdch shall be at ft edie. disawfion of the C1,,,III 'Y. 1,2.16 RJES31111DEENT 11 -PROJECT IRVl I1::w During i r rir ion progre.mm of any vmirk, the COINSIXTANT will It eLdhqx1rzed Iby the CIITY, IGS wide resident piroject observation oxvices to 1, r n air irinor aug,worized employeesrResident Pr9led. Ilpr „ I SI.J1G,,,, TNC T R esiderid Project FtWessintellm haMll 1provide extortsive observation seMi the pri4ect Rke dwingr'm N rm. 'rho Rirakient Project. Representaflivewill endiirouvDir 'to G . 'the CIFTYariy aind didiclendesilin the workf the orrrt r . Residw pr9ject, observation servicas shall indude lbut lis not Himited, ito thefolloWiiiq., Conducting IIIIG i m, iry consinucCon prograw rr'r ngs; 01mervation of the wairlkiIin piW, i f auVhoidzM by the CITYro Receipt r °ur uIr oDordination and dilsbii.mirsement of shop dravAirtgs and eyther stmbmll i MialMenance ainidpreparation of 1progiew t '"x.15 iC MAN NNAL Page 814 of 1018 4- FhWd obsovation a Iur r °'flon iDf quarTfifillas of equipmervIt ammnd matim-lals inaWled; 0 VMcAiT.,iirh i cantrawtoar W mxlsub wntractors" payrollis and rmixaids for t,mmiplierAce with sprAlm. ble cor-dract req, Ulrements; + Mallintionanois at each pmjml she Orl S curreirt b' nl oof all lidraydngs, swdfic.0lions, in. ointracW. simmrAes, permlftls,, andothial r pm ject re.. lalled docurrients, ulamauhe compladon of eact ;:sr4f.,-,ot, defim v SU such rewrids to the Orf; 4% Preparation, iu pdate and arilirikifflon of a p buidgisk with lir,..w. ch pro. j ei w,,,hFyd ti Wl, ,ii Nofflcsfiontx:io thia Cl r!,( irrm...Alahimly flf ft, aallappearwithat idther isach prciect schedule or iinch j1proled bui*,jet vd1l riot be rnet; SdihieAullng mind rx.midutfing rnorthly rmogress; rnoeUngsat llovhkt CITY, Enalneer, tieneriml mdreiftm, tmidis limritador, uffildea reprowntatim, Imlir.pflem ir'Orm jointhr discuss such as tprocedeur es, progrms,, Ole oWrlrm awund im.mMiditzling- Ra,;iernmeriding imourms d ar.bon, wid enfbr,cling,F.xdv,:im-,iqWoulm-i byr the Orf, it so directhe Cirf', ff,,the generat andifor trade carftilum are mg mem Ping ithe requirements of 'the $:iftns, sperximuorls, and Coblftct * DelwWoprment and, Implemneintabon of a sqrstem for the Ixapamfir,.on, revWere and processing af OwMe orders', * Malintonirmince o iim daffy llog,ia:vf sadi ploject; 40 Vlemxding the prrgrew.. liu:yf each project, andsubmitesion of ii montHy progress repods to 1,he CITY Worm 'm linformiii.ition Ou'll 'the lr.''lDntnmdnrW,lwoIrk arwdlithe pair i coffliplGh on, 10 De,,imbiiC:wi of substurabal anid Ifinal cornplefflon of work army 11prepivaifion of a llll'f of incorem pLak.- iiiarml iil,,iinmmUsWcboiry Items, and a ischr! umf their- corrillpkii and 0 Seemiding and tr2mmitfling1to ft :Cl FY, af-Rdevft; releaseis;-, key manuWs; rei, wrilngs., und vninintenance stockv;- I Vim Resident F:11mr,)ject Repires wtaWireshall i*io tnwezUgaWliiarwJ r%.wiortork DOMOslints arid umusual occurrences- that rnay 61iffe. al the responsiblIfty of the lr,,;'�FWISULTANT orthe CITY jiii,i wrineim(hh 111:11ha -work Thiiiiiawd F:lject Rapr rwitafive shaff be tm perairyn miew.. ptable to the and the CRT`( %h WW ttave 'the right to emr.:iWy p-m-sonni-A t.o obeerve, thia work In pmy, iiress,, provided 1w, wiver"Ithat sW-i IWCermorinel an emlpliiDypd by 101 ry, and isucl,lh p m., onnll Im,' r mmWb*, iffireody, to them uC lin the Imftrmance of,iwork 'khat,immAld Wherwise bi-.:aasmimW an IISeftm M. by d-iie IC' ONSULTAlhrT. -ffie Rwrvlt Fwn*mt ll:RleprwervWhoe st-tvill ncA. have wrdrol i orcharge of,, ormW, nsftlly for the crud rvidyUction memns, rndftds, techriflques, Wuortoms, or prom-Wumms, or lhr:RaMf pemi. ultions and fear' ogirarris �inconrimchonwMiftie, Wwk, nor, Mal the Rewidident. Pn4ed Rispr, eserdsOm be respanidble for the llrorwtrmsii i fakiria to performttm The ReeldervIlL FProled RepireseriftWe slTall not 'Wm coftxg lowt oa r ua harge or. and Owl :not In responsible for. adsorpmPastoirim ollif vhe Conbvi el' or or of Emy other 11 parww Y-13 Or' entfts pGrADrmling portions of"the Ww*. Athough COPISIULTANT W -M riat bie r' emu for himalff-h or Self, *, BY Mm' imbc hillfirs C onSU1115138SM"'ll ,Yd a 11ONS V�5 OXANITINWIL, Page 815 of 1018 IIWWreiiiriz or pw.Audons rau ur&'l,,,l,,, s actlAffim or those of C111„,II,,,)r otter cont. r f u'u and omsuftants or their rFApecffiw subcointractm aind vendiogs m W)WSUf,,:"r , �" lhalC irm 'm m.port 'l "m um Il� roj 1 �ml�,,, f h aind safety cirm iifiiions or defidencles obsirived by SUIllmWl” ,I .,,Il,,."S employees orit pi R,� , Ihe:„ COINSUIL.TANT shedl inat be resporwilble,fov, CITYs p l mii coindIfians or the aggirsvinflonthow ll m' :' lum f i .mfl9 � ll -the wident nii rjused l, the.a 100e m r MUM malt u, uint of SULT NT.INISUI,,,°'I"AN " sludl inDt W., respoinsibb for lu°u #:`rug„ obsemling, or oorrecdng healheafth or saLaty condfflons or dellideinc4es of CITY, Coinfractom mem athem of prole ct site rProj Me") other than for MNSUI„,"'l7ANI„w s ernployew, siuboonsultaii V.s and voidors. ,1.3 ADDMOINALIIE °"l „ .1 Men Riddliffional servicas are ren they shall the speriffied lin the r” ,tun Tam OimW. Exernplas of addlbonal (not e liu siv are:: PmolperatIlDin of eppillrAffiom andm„uUi porfing doctlimiism-ft fbir Ip °'atpa or governirnental graft, loare or, advwwm firm uro lomm with iany Il: irdwllw gwoj „ 1 to wialke measured dromIngs of or to Inv , , Alsfing wndfflons or fadftles, or the accuur f" dirawings or other iInfonmadon ruiii-nished Iby or to u CII" rim it l u °irm firorn siginific.-Afth In the generall scope, e4qiivil or characbw of any particular pro.;ed pro.;or ift desnin lincludrng but iirmcd Illimilted ti dwnges In size, irmm ,. "r the ('1 Sfm u�lll :Ucharacbw f mm,, ion r irm fuurm. � irm i, and i 1preWouWy eocepted si, u° Ilp r'fi , deWgn docuirneirdsor C'o'o irm Contrad, Docuirnorft whensuch i" las-is rei by dhainges1, r l' r regulations, ordlinances, codes or orders id subsei to t1ho pm.. ll' w )mm of mid studke, reports or docum, wts, cm, am. due !f oftr causes tWVondthe ll' UIL l"AlgrS winbcd" e Prrwidina urirmidedull u° irnodek fbr ft cirrs F)irepairing docuimerftfor ll IPropowls mquisiftdbythe 1, N for viork-mill is executod fou° documerft feu° oma u en , „ m olr .» Invesilgat.k.mis aniiJ stul&as Involving but not halal , tom„, ll.. min u °ons ofoper-alfions, unalrftnancs and .:n um ; providing vh enginii diming ..the coume of def „ ium; the prepavinfion i3if 16m. bill ; ceuu h flow and ownlownIc a luum 'ons, imte. Ricbedulesaind apI"limlls;u ml uim hien olkftinkig financlingfor Ipro.ject evaluatling procwFass avallabllefor Illmnaling and swisting kms CITY lin obtallning processIl lmm ;debiled u� m f u nr f irmm ml l orae �f and l lbor, audits r m mm r l , i ; u�li i” In mmmmm . "omen ,,, fm comstructlon peftmed by the l Assistancelin corinei wirfb Proposallpmposd pro. w -Middling or iwnegotlaflng oontradsfDm con*ulchlon, materialls,, equipment m" swAces, unlIess the nwW for suM assbWice l rew, nalbIlly det irmiiu°mu Il Mme MY to be couwAby the CONSUIL.T.AN,,,r m ,,, deWNe pIll in irm l m mens l u !inhibit oonVactors, ftm submiftling Boy.iftin air° liiid. a th ' LEFINAL�' Page 816 of 1018 propowks) In which event there shall be, ino aMMonall wst for the pavision of such servicea. ,0 11FIrelparling to seme or awWng as a CONSULTANT or Witness 1br tht., CITY in any litigation, arbWion or other legall orsdm!MMM*uVe pmceAdling,, * AddMonal PmAces liii,w oonroWan with a IpTa.led not othenvise.. pim%ddw In this Ager eernenL + Setvices.ilii connection uft. Ipre4eci inat otherwise provided'for inthilis Agimmmant + Servii In wininecUoin WRh a,field order oir change it re, quesiled lby. the ii * Pmvidrhg arbivork, mrWels, irm ndierings as requeaW, by the CITY. 1.3 2 When rvquired Iby" the Coni d-mir.flon Contimict documards lin Ocurnsiminces heymid ffie, CONSULTAIM"IS r4rdirnl, and upon the C11 i YS aLdhorkaflon, It Will fUrnish the fall Irma addMoinal seMon. * Serditm !inoonineebirviiiftm. rk d,mii nemmisftled by unforeseen conditions encouhtered diuding,consitrulialon. * Services after the swaird of on dh irdi iiiin evaluating and diefeanlining the Eteceptadbility iof ain ,6 inor axwesive number of cialims submitlecl lby Contractor, exDW to the EWW,g such dalms are caused by the eMDrs or oinlissions of 111he (DONSUR TAN r. * Ad,diUonaIII or4p.xtendedservilmdurngooirishudorm irnedarm .e.cm, aryby 1) work damaged lby fire or oftr cmuse during eninstrurAiiim, signifflicart arnmint of defpro adve or neglig aft work, of any of r, 3) acirdeleration rA the pinvrim whedullie invoWingsom"gems 111,wjond normal worldirrj houm, or 4) deftiult lby any contractor, Iprowlided hicomwer, if a fire occurs as a d1irect result of aroire or ornli In the desigin by ift COI NS1101 "IU ANT or illf -the CO INSIULTANT 'falls W, nuffy the Contrador of the dvfii quality of ii worlmanWilippuirsmant to CO MSU I." rANT'S dulliesas dem "fie in thrm IDicxximents,the COINVYI... rAN 1"'S additional sm,virAs shall II rt of 111:3asicSerAim and Compensated, as such,". * SaiMrAs in coimam ection Mth any parflial %ifillintioin ofainy 1part of Iprii lby the CITY pdorto Sup bdainfialComplation. * Services -to evaluate -ft propriety of substAffions or desion aiternabBs propkq -the Cordractor and Involving method, is of construction, irnakerfalls, or rninjor Ipripject cornpoi nents efflnr during bidding andkir Negali wrvices -OrClOnstructloin Contract award Me cost of stch seinAces shall be borne by the Corftctorand this iii,p6quilianeint: shall be linirJuded iiii-i this consbualtion rArT&ar,,t * Servkm In ml itmevisions to drwings aind spedfications occasioned by the acceplance of siabstMirmis pmposed by the Corftclor, unless such subsNAons aye due to a desigin offor by the C01145UII TANT ilia whilich case such sendcos shall bedwmed Bas. lic S „n I ,e IEE.wept, when caused lby a design error ky y the CONSUIII...TANT, the cost of such services shall Ill,m Ib1i by. -this Contraii and tWis regal Ibe inidiuded [in -the ooren structioren contraciL Bl ren BMh LARMa - Gaaff.W COW-qddA9SM1Ce6 V5 CLE AN]Ii Page 817 of 1018 , M Y"S 1.4.1 meaw shaD doft. following in a time4y riinanner snot to ck-My the servlir,ms of -the, CONSULTANT: 1.4.1.1 Designate iiiirn verffing a person or pe m.,ins to aii ais. the CITY'S represei wNh ri to th aseirviii to be mndere. d. undo- -He Agreernemt. Siiich lei n( shall Nave coimpkft. authority -to transmit insbvctions and ireWivo limriormation wfth respect tD Me CONSUL"I'IU' rs services -kw a parflicmit air pripleaThe CIlf tipave mu ldple t IFtepreserrail ve(s) orprii managers during this peince of this AGREEMENT based an the specific ilask, ordersWittm task orders from each ofthe Scope Categories. 1.4 1.2 Praii all MWO and -hill rilindbirmi nm', to the OrlYS rw4ulre,ments for ft Project, including a objeaJives.aind oanshi,dints, space, capacky and performencia reqiulroments, fiew.blifty and e*,.snda1bflKy, and any buidgetary 111militation s. 1.41.3 Assisq the CONSULTANT I providing at. the CONSULTAIN'rS rw4uest all avallaMe turf Iperfinii -to th IU jod Mcluding pre. -Wous reportss and ;any other daW rei to design or construction of thproject. 1.4.1 4 Furnisih to the COINSU11 TANT, !if requiliwd fir the perfomnancxl.' of CONSLILTANT' S servioes (wimept where othe rMise, fumiii shrA. by the CONSUt TANT as AddWonal SerWoft), 1he Ulimm"nig: 1,4.1. Iprepered lby, or senAm of others, indudifing VAthoul kirnitaflioris borings, pirobings and subm,irthoe exp1lorations, hydrographic surmys, Idmiratory tWe and inspection of sampkw, msWflats and equilpmerd', 1.4.1.6 ApprDpHate professillorW in-Wirrxvtatmin s of all of ttie IFql oiing, 1.4.1.7 IEinvironimental assmsment und impad. statemlorft; 1. -ii IPuroperty, bounckwy, sammeink right of -way, topographic and MV surveys; 1.4.1.9 IProperty descriptions; 1.4., 1.10 Zoning. deed and other land u,,, irestricHii)ns; 1 4.1.11 Approval and permits reqt.dred [in this C111 T)rS judedictiron and tho,win. ftim ori "dui agencies unlew suchapprmls and peimilts aire, ft. innponsibillity of aneCONSULTAN"r; and 1.4,11.12 Arrange 1br access to ire a1Hprovisions -for the COINSIUL"i"AN'T tD enter upon the Cl I rS prop" ps required for the COINSLA MINT to perform services undeir this Agirm.." iment., I.A.1.13 CoriWWWnt wNh the profemlkxnal standard of caire ay -W unilless otherMse s Iprovided hsreiiiri,, COINSILJILTAN'r shall be onbfied -to r* upon the amracy of deft mid information pmVkled by thib C1 l'Y Or cithem wi.thout. Independent review or LMM'luatiloift. Buyid.on Bindi UtWitilas i CDr.NR.U1rW* Srivim C-11 11 V.5 CIENN FINAL Page 818 of 1018 1 iii! V :l 5 OVII11111111I 11'.11TS 1.5.1 IFoIll owdirig recelpt of any -raskorderhyrftm-task order, the COINSUL"Y"AN IN shalli submit to the C17Y, at least five (5) diep (prior -to actual commie-nceirneink of savices, a WiWulle of servioas anid experrsei. s for approvall Icy the WY before any seMces comirrimme I hl Ires, eirives the Ag 14 to make chain to the mquence as riscAmary to li e., the seMm. s or'lam mini arry conflict with operations. 1.5.2 Tai, ordiras wiff lix lo the COlUIL li lin the order in whilich the Clir(wisi and shall I 1performed- and cornpieW In Ithe order May are Issivei unirm otherWise specifically permitted by the CITY. Minor adjustments -to the fimistable for completion approved 4y the l' iiin advance, in wiffling, shall not rAin-stitubg Trio n-perforimaince Iby COINSILMI TANT ppm rsuard to -this Agreement ,1 53 Proposats inxelived lby. CONSUR.TANT as a resuft of task orderAm-iften -Walk order theit excmWs $25,000 lin oast WIN requiiii-a approval i ir,,IITY Corrivnission before wrpxdionof serviiim. lin scwridancm with this C11 i 1irS 1113rocurement AdirninistBlive Pollicy. 1.5 4 Men ft. C11 Y lisawn task oirdiers to the COINSLA TAIWr, each aLd,lb cx='-tkm sli-taill wntain a stated completion schedule. If caused by this negligent errm, Or amilissbins of WINS UIL.TAN'Tfailluire of . the CONS11KTAN'T to mined -the stated schedule shall constitute a deraiijit for which 1paymentforsemices may be wkhlheld, uiiiA dela. uft is cum.. d. Time extensions Will be rre. viewed upon requad for eAsnuating dircumstainces. 1 6.5 It is mm lip and intended that the CONSUi i"AW willi I*x, authorize. d to begin now task orders on a "roll1ling" basils, as some already assigned task orders In Ir fimally coirhpl ft -Won. If a subsequent Taslik Order rils Issued to the C011i TAHI'T I. re N has mnlpteted the current took oirder, ft oomple flon date fbi, ead-i "Task Order vdlli remain iiixWpei Of eaCh 0i ,so thRUffie, CONSULTANT will Ip tiva unc=pIlefed 111"IeSk Order tom fim first Y'** Order and flinkidi as soon ae'DracticaIII . F"ailluire to oarnpleho the nolider" task orders in a Imely manner, may adverselly lact. upon continued early atfilhorizAbn to start a subsequent work- -1.5.6 When the CONSUL"1117ANT has excasidied the stated COMPIOU'Din date, including any mifterislon 'Ifor extenuating circuirinstances lch may Ihave beeri gIrl ted, a wribm notice of IC... ,ait& W111 The Issued wR.hin seven (7) days ofthe s' that the deftiult became acHivis Wffi a requiremenit ofseven (7) days -to cure said r' rally, to the CONSULTANT and paymeird for seri rendered shall im wilthheld WIN such time thW -me Il "'N has determined that de%uft has IN red. 1.5:7 81hould tfm CONSUIL.'TAiwrexceedthe aw-Igned oomlpl e tion drive, the CITY reserves -the fight notto his to VI is CONSUIL'TAINT any further -task, orders unlHill siuchtlirne as It !Is rm Ilionger !in defaiulk aind this CONSUll TAINT. has demairistrated -to the CiPrSsatidacdon. the reasons fbr tardy completion I.%.," N or 'ji BeachUtifilles Genend Consodng S; IS V! C,12 V.5 CL N FINA11L, Page 819 of 1018 have been addn.wsedare. not 11 The repeOW., In sulbs."uent'wal This restdch3d issuainice1pr ri lon mqy result In -the CONSUI....TANT not Ib [issued A of the 1pl rmrm i this 11U rmtir iiilp „ In this Agimernert, rime CONSULTANT l°u 111 have no IgM lothe ballancaf any rte, or-tm any. nsation mth thase non4ssuedtask orders duos to thle CONSULTANTrolIn irendeired in default. 1. 5.8 hould the CONSUIll„,TANT remain in debuft fmmr a l , d ,,, (1 ,15.) ,ro, tl r l r n the tlurmme ftiw m�mme 1pr. , ed In IlDairegraph 1.5 4.1 the ClrTY imay at iite solle ;Alarm retelin nDttmeir1114 ULTAN ” to porkrm any work, arlsing m,cKA of this Agreemard andfoir to Irn,' this Aprimmerd. 1.6 DEFINIMON OF DIEFAULT 1. ,.'t,. An evpnt. of default slhW1 mean a imaterial brewh of this Agireernend u m rut Umffingthe generality111he faire;joling and in addMon to those inidances roleaedas a rrrm t d bre,"- , an „ erwl of default 6haill include 'Ihlm'llllllmliirr°: 4. CONSULTANT hrA not. Performed SoMms on a flimely bawls ditieto COINMA11„,,TANT him. in&jsiedr,, , failled to supplyen1DUqh pror.mrly u k!W l nne]; CONSL UI,,T',,,1. has, taft-d lb make pu u rmpt pe; rmi„ 1, 11 LALTAN I'S or suppliem for any servicesiefter mi r,*hfin, g psyment froirn time CITY fin, such semimner° suppilles CONS1.111„,,mTA Ib e foled to obtain lie apprm., 1 of the CITY wheire required lby this Agrmiment� COINS11JIL.TAINT turas. r Milled -W pnwWo the servioes as deflined lie this , i rim nt CONSUU...TKN 1” hias fll bankruptcy r° murk er lira 1 en pir dl , r1 1n iu „ not Im within nineLy () days of ctm date. 40 CITY has rallilled to make p , CONSULTANT In acmirdanceh -thy mquirements of this Agmernent 1.6. In -time event of Week,, the CONSUll„,”' TINT elm 11 Ibe 11 b1e fair 8111 daln.ages eulturr 'loam the Delbult i' ormurud'irm,n " he udifference between themo u t. that Ibes beein paid -to the INSUIll :11IAINT. and Um aimount ii-Tqii.illreW to complete the U 'SUIII„T T'm i W provided ft -Ihns by the firm inisipiRcIng the CONSULTANT are reasonable, andttme Ihouidy ii,Masdo inall: exceed -a-to CONSUL. 'S rahn This amount , all! allso Include procurerinerd avoidduftli linemirred Ib t the UTY. In the event. iDf ddaudt. by this City, INSUL.°111” 11" maV Ruspeand the 'Work peniffing rrA. ff emu lpayrnent. Bii:m m:mmmon Y.W.Rdm Utffides ,,,, Genend Camudbag .8mviCTS Page 820 of 1018 .' „ r1he CAI'( IIY'm'm ;lifI droll u'�IWrI of eadli mmmrlll4m a m° remmfy sperAlmlly elodisfirg, of INN 1101" Umw liilufty. Eact and ixYM immed, y shall Il :R In addiftionl1ko 'time II inn aril as oftsnau,Wfn isi.ich ord, er as rnay IIS '° IY eIr exp,edent 1:q, the III r1he modrA ci fim IK 1un l One, re�$� WW not tie ifuu!'.11mmmed to be uwm wahwof the mr1f.; mf to x r' ' any rm mumr u° Im 'f, , IU"he GITIM113 rlgl,ftsaind ru m fi' Im ,m iirthisi mm'lm ,,,W not =, ii and ilmmlmrnm-',I In additiori to any uYdi r righft aridremedies evelillable to IIYfm clllrer U`rm m,,w in equity. A "in11GIL,l:! f � ,.r „1 Vile Initial m,;um r fIIe ,Shall IIIA foil" On iiiu*1 U t ,,, 2 , m „r* mm mrmm m dill"II at Ulm ' ilYl ;IIIJmtIIUIR; in id,ftu.o comrml' In the CW IIY th Im' f IW IW„mlrmi'u ' ill IIY' ' y j for thr ') adr�IUf' mmr'm l anima ) � mr Ilr ric),d” m,mmmm, r r�ir ffiul Saimp k'o m, roan ' 'ar „ s,.,,U,,.U' OIIN'SU L'llr N :r undomtenicls ard arknowledges, that the 8r,, m.; t1D lhu IW m tx„U ckuing Me fm (2)„ mr Rr W1U be govemed bythis Aqrwnwrit, arid Il timid ^ her lilmm nom„m mmv... immm c0fifture 1work, t °mem lii en ^la the 001'1414 III„m°'1'°AlNT, 2-2 Mllttm evf.wftthatsorvicus m f VIII rm either II�'y rrrum,mfr ct la-pir Nl�b`rmr'm ilii, by m mrrminiR m ¢���� Ihr u, '� pr hld” IIS''' II�I� ml� 'Im mmru IIIA („yIIN�SU�u,�lll,,,,,"�"�V'N1f shall cr,xintnue the'me m° , „ , f mquerffiW by'llhe C11„IIT, Irmr imfil „ or*, lii m° roan m' ifter t..VIII, nicm fli,nestud,tKis tiveraftioinial Wlod extend lummrcmme than onK-.huiirdiivd mrlYrlm'e1gW (”' 80) caWidar days bepi,lid,116is 'iliMplii-stion datoofff-m mm mdf'ingr"urml f'livie, c;*NSVIII,,,;;"U" III rrwiUl imimbuimedforthlis iWrvice at the mr fmmW ullr'm c 11' f,f. 'If°mlmm this transitionall pWod, dause ini, s fi nlci 11::iy11Vw C.I1W. RTIQ ,E 3 -III I it II ; 3.11 "Nark um Wthis 1r,.!!!p'arVirac1. IOW8111 9COI1Y1 RI uim” n "hie 9, Wing IYK W , n nodi ble ttm ; ONI� I U,,,TANT )r 'm' SM umlm aA>d 'IU r riucu t im t m', ,C)NS U�l,,,,l°,r „f' 'mr�'m lll1 pe Idm'mmm al illU „ ,m lrmmr „ WIUU 'ui rmrk product req,iAUr. f purisivarik lx) this C 'por,w111TRct andlMe mem„ "Trout task cilrder bylthe SMiiuienc iR of Events, lioir unlew, itirm ictMruslb IlanlOf'I jMer ion W..:1iraiirTtF.d In writing by the C1°PIVwm AIIWf""ncII ,Illfl” fin' VIII '11,1111 f"" I 1"h m U'OSU II,,.ITAPO„1” ISI be I old ih. y thi,,.o u!,'03„ I(f r cori,ipkded nmniiMk and forSe. Mees rR a ii- ,;IU Iiuumrm a mr this agirownent as II%Aii IF:laymork ',lair thework providal 1W CSI) II6 UI,,,, "TIV11T 'Imm m 11 be, mwle USW mm mmmm With the Fee:Sdieddlb mills jprcAddwJ iiml'm ExhIM'";A"all1 lldlhm hweto. II��IYmmmm'mrf 116�rr�u�' IUm°m'��mlir �� , ° "mm°n� Immlll II fm,�WUU urumrmmmmfmm'm 91�rWm° „ perfm rine U, i „ „ umm r indomid mmm'md fnr all matedals, supplies, equipmea Icllum'lu Incidni,dab nerx.mary t a jU,ul ,,, the, work Corrmlp r urm I'm su NSUII,,,,;TN 11781 IN011 be, inewAinted ldm ,„ ,IU on ii:iech Wk IuuYuiii.l ., Conlpermliiirietbrii wfll be thiro ,w m Ia dfred mmml rk-Lilf'W roan Bum , IIl9Wu UdElifics CLI Page 821 of 1018 aowirdance with the Schedule OfRIN' „ 11iIF: ro .h hem. ,, Snub,,,,,consulting serAces shall Ibbs approved the C11„,r ire.:w . ii- pnor to pLyfoirmainca of the sub-DIDinswithing work, Consuffling fine fon piro=%Wng andmen ojennn'enuf o1 the ub- COONS ,BVI mall nnof Ibe lndiu,Pded in direct costsas the dimet mark... I, Issipplied for rnane emorfs. °lll'°he GONSUI„,,`IPo IIT may submiiil vour*iers to the CITY onw, I. it irnon th duflng the l�roqirees of the Work, for partial psym - � fon° prciect oDmpkted to date. Such wonnolnere vdIN Ibe veyffied by thel , w ir'm upon ue r el Ifner » payment '11 The irnne a the ONSU11 ,r 1...111.., in the amount approved. Illurn oen' Iuru � lir a er el Wallin for p , ll' mnpli Is IIS . „ b'pr , CITYS 'ti ° u flee 1 lmal�r�ennniel l billings ehe11 uno'I excmW tho Ip, 'lave of estimated empled of ldenfflable dellyarables or aocepte. cul delliverables as, of the Ibilling „ Cornrwintlon of Irli me Chargedli ed Method of 1Pe nem'ulf Wherw° a iservilcmIs tobew Igen based on time clhar afnah� o- method, the I :TAN r el'nell a lbnolf a not :to exrAW proposel. fo the CI1YS reprewimItadvefoir Purr approval based on esfirinated lelbor I'nli and hourly rifies which shell inot exioeed the intablishied hourly riates as per the Sdiedule of 111::Irofestlonal Fees ;attwhed 111fo, I lwmma NSUILTI AN°I servioes and other related v::nts Rupportling the projxmW work. m 'The CITY shall not Ibe obligated to relimbursis theONS11,,Jt., 'FANT for casts Incurred in aKoasz of the fofel ino'I' to -exceed cod er ounmf,, • l,,"Incl 1p ayrnermf of any Wance due the CON IJ l.3" NT of the 'Io'llal oordmct price aarned vd.111 be made Iparon' Id upon flys asce. irtainment and mll'meefion by IIN aftar thenmfalellionn of the Wo* undo. r fble Agirm..nnmeird and its a 1, ,,,ptancia lby the C11"N., whildh shall b „Air uqo lat er than 30 Jaye foil et receipt of the Invoirm • F.L, I o” In order for both pailles herein 'Io close their booke min irewrds, the CONSUL,, TAN 111 rJearty stge 0flinnep Inm lei on f1'we "m NSUL,,, .AlHrS'finelflast bllllirn to the CITY„ Ib1s' rmel hwrmnoiuoe oe�ertw e that all sen4cas sewhave been n ply lparkmed aind 0 oheur ee em' Is have leen Invokmd to the WY. 81noe thiie accourd Will lbersu onn Ilbe ciii Bind ervy otheir fuiMerr chisirges ill` iu"no'11 pnDpedy lincluded oirw this Invoice are coridderod waivedby the CONSI.J111,,,n"IAN 1 111"be cwt of ell seirvices as wMided Iberelurm shall remain fiYA and firm. fir the lnnlilel two 42) yew 11pedod of this conftct. Costs for subsequent 'p o.mire eiram any eAmmilon terms elWI biesutqect. to eirn usftneit only if ihmwm it oiur lin ft. indiLfty I Immwim, unlew Veryuiniusuall and el uniif° '° int changes have , m,n in the industry, elnnoh Increases e eln .11l not e ., ° 1 r year, Icar whichever ls, , , the laitest yearly perceriftge lincrDew linthe Al Urban Const,giii,ners Ruice lindex (CIIN-U) (National) as published by the Bureau of Labor Statistics, UA,, Boym- „es ... 'Chme 1. �C' muffi n .fi Page 822 of 1018 DWarUnard Labor,, I`heyear�y lincreasel, or diriesse in ft 0,131 shiall be the latest inderx Ip ublished aind evalable. inlinely ( Il rilor to the end of the loonbmal Vialar then iinm ell compared -to the index for this same Irmmn, 11.1 One (1) year, pmr. Any. W..iieehW costiurmn ll be fifilly dorwimented arid subirnifted to the CITY at least sMy (W.) days prior to the cnnft, cl aninl1versairly date. Any approved or* ad.luefte ints shall become r:#Yedilve uporithe aninhmimary daM of the contra ct. gin event this 0111-311 or i¢ ii cmft dedine , the CITY ,Isii 11have the M11)"it W recelve from Um C0114111SU111 TANT, a ureae reducrion in l 1hat refiell -such changes !in the industry. 4, "T'he CITY may afterim.,ramination, rrel arm the sojusted rout s ir flheT are rrrmu rcparly documented, increases are lomsidered -to The =*selve, or decreases it considaired to be insuffilicient. In -the event the C111"rY doin. not vii sh to scloWtthe adjuA.W. costs and the imatter cannot be resolved, to the satWarAwn ofit he C11 I Y, the ("O"Ontract. irnAy be. ranw. Rh3d Iw the cil"ry upon ighding thlirly (30) (alendair idays wrftn noticatiothe COINSU111_ FANT ARMCI_11E 6 AND USE 0111" DOCIUMEll 5.1 Upon compIdlion of th Iprojed and flinad payment to CONSUI TAKT, all docurnil dirawings, spoleAcMil and other matedels prrad Ib y the CONSULTAN"r !in connection vift -this services Ireindered under flis Cordrac.Unum e docuinneft shall IISe the property of th uCIrTY whether the i2irplect for -Which they are made is ii-macuted or not IMahNMstandling the forEgoling., the CONSU111 TAN F' shall mer, intalin the rft to remse standard ii and other design fel on o.:411-ior pit el "'rho CONSU11 TAN r dm $1 be IxYmMed f rretalin coi Including reproduciblks copla, of drawlngs and sli=fficatlons for InfOrMiRtl1i reftrence and use In coniniection wfthi CON SU11 FANI"S andemsors. Any use l the documents -for pt.prpases othiisir ihain as originally lirdsinded lb y thonftad is C , vAthoutthe iAdMakin col of CONS UU"I'ANT, shall. be aUffie 01 MS sale, dsk and withaut Habillity to ON'SUll TANI" and CONSULTAIl stib-CONSUI..."TAll ARTillif,"'Pt E 6%r2UNDING' ......... . ... . . .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . — 6 1 TIME Corrivact Viallireimialinlin Ail fpm and stiblat only is long as the eVendituires proddiii.W. lin thim. Contrad hwille been appropiltdiad Iby the CityCaimmilism."on of Boyrftn Beach in the annual budget for" seam fiwW,year of this Comp trarAl, uumnd is subjed to tori minabon bl on lack. of funding. ARTICLE 7 - TI CONSUI_TANT Irreprewinitsiand warrants to the CITYMmit ft is comjpin!ri' iintto engage in the w4lipe of serviirm contanirgate'd under this Corl and tat .1UM111 retain and assign uUlr Ipsrafew"onift to all aselgiried 1projects diudirg -this teirm of trolls roan I me d rX.)NSU1 "Ll ser4casshall vnwA a s%ndard of care for profeall einginil wild inWatad wvirices equal to the standard of care for miglirieledin g pmki-milongi pylactil under slirinillar candilfil Instibmifting fts resipaiini to the RF`Q, CON ISSUI TAN it has rear se W C11 rY that. certain indiii ylidtAlsarnpliNwei- d by CONSULTAN 11 shall provide mMoe-s to cir"ry pumuard. to this Contract. C11 FY BcWnlian Rewhl 1HU ps ­ Gm=. I Comutiffimg Servicl V.5 CLEAKFIENAL Page 823 of 1018 IN' FOHM.1 a POIIrm mmur, h repimmintsUons. ,,,U,,.Im mir • ` M „ 7AN"ul,,, , wWlll rial11, dial m, Ihe deeklirvated P°Ir IN ri na „,r,, for an, pirofe m otrt fame �pu 'mr�um�rm mr�rf a u�r mpromu'w�mIII alf the r 111"IIS , wfmuuh mu uir niN dwIM not lim uniremm,nably,luvithheld. VIII°'11111111 "Illi ,1 i 'p'14,' '1, UT",d ,IN r, -mall, In s.mrfotirimlng the senelic , winternplateI.W.d i ,r,, ,w C'mintir' , fafthftiilly iriftwee and compllyMth all erall, MWA wid IIA° u laws. . ordlinamr and regukdwsthr-A applicaMe to INfm cu" of foilV,muEi„ -iiid„ r, Ithin shall IreWew and comply,luftII, rr u,u111r UIDins, cades arid nsndaru 11'.1 leflom.as1101the Ir.late'INfmUrhm IE, 91CIINmy ruwjiu splIplirmble, t, iCw'u f�IC' III��" "IN"u� INS T� seinelcm. and hallurnxoi , . Ip , ' U rm D Care nd JI.ildoment to u u.wripIlly vdth it qmmUrr meft, lmrxm. d 1by govem-nefftel mulborftles hialvirig jur , I lr,mrm aver to 1pIrq,, . E"h u l ch . � liirm airsy 111amr,, iwdlnerwm,,or a „ynrbmm in fN4 In kmc"exlil „ft rmr° Way 'Illonee , renderad, Iboth partles agriewtomin eq uuilrab m;lure , urnt -tem schadwAlles and ;x'ii`r 00,171117111.01 E 9 mm !0.1 Siibjm,­t,t.o the Hrniffiriq;ill prMAWans of 1f Wide fat"'r,2 .101f, COINSM„,:'rANT hall iNrmde m If ,u mirm Ii-iiald 11Y r'urmmllia the w n its , aq., a ow and runpilo „ froururr iand agadimt rm rn uurimr� nmmill 116mm„ ,omni° n,l Ipor.-Hon Rioted, iindu din ii-easonabko alto rmm pHs' mmmi r,, , afislingfrom lirgjury or death th tuiIPlIM” Mons, s, min Uuudi i mmjurdes. , sl .neo ,,,",s,dlissim, lot, ren„ INIINm CONISIL1111„,,°TAN rown wqAoym, or d inmIdg e to IjPIPDp8rb,f tO 01941 um , ' mmt usW IISuriegige r N r'r' ,"I l irm „ ,,u or ii rm illi mu ur� uu nd une,-,t f' (IN S11i ILIA T iinir other persons em1ployed oir utfli od IV,, 0111 SUIL,,,I,.AIli'IC1C,,, in perfoig sire . of <,X)P,11,1I3IUIILT ,NF” iim,f" w II4eft mioir pm-ty 'lllo f'fmu Coftzmt^rrhall :Ibe Ufrelbinrr for any miprxial, lindidental, iridilroct. orirmirimquenuad daimimies of a'r'my kind, Mdiudling IbLA not firnitim.11 Ilo lost IpmrINt our iiu,iw that rm y ipesuult fln-om. thll meat or ur,mmrt r,I tomarAms or, irpoods furrrmWed- hem.. undeir., !D.2 rID thOl girwiteallAextentIpU fuu�r uuu mmf fry c lior°r 725.08, IN,,,r rir ,gym Y, ,u m uINS VIII„w„T")II'Mrs ii a mmnlif.0 „ rm obligation nl Ihen pirmolding , N'ir -gym CAT,,,y') hall inat the t,i m of COINISU11,:11FIANT's WW compermallon. Such it.,flMigatk;m shall not LmR con.Wn,,ieidII IIIA negate, abridge, rmm iodhewlse ur u,rir m alfter mil ' r"bfi „w irg 'mdemiri4bf which,would athismdse e mm it m �m pady or 1pamon flim. 11bit"off lin this dDnslid m. iJD1IRSUAJINI°°I rO IIFLOIIIIII°M ;S°°MT!IJIIE, INO 1111/411 III'VIII'II[YU, lll,,,,,,, IDI , IIIGhilll IDS,„�IIIIIISS1II0IIPr,uwl II,�IIIIIII ,1I� I,II IIE'°"IIIA11011:1,41101C,,,,,III„"IlUllurnlmm °°" .Wn lu°rrn1rII,IIY,I 0F7 ICOINIS111)IL,,,I,,,Ahilll IIF IINAINY 13111:E' , IIHlIE'III Y ILI@Al I E II°IIP R, 11CI I NIII0%l IIES III° III . !r1 ,JIIII,,,,,,,,,,,IIrIIIIIINIIG F'IIIA(,)I A I iIH II!°rrrlllll IIII IIBI II IIIII°,I ^rr � �l lOCCUR11RIIING vvi°°n°°°cIIIIIII I11 IE CO IR E , AND C III°DIIIIIII X11 I III°°'III III I IR110FSI NY kL SllI'w—,.II'lIIC A!IIG ':IIEII II AIIEPrrlll°°I mm V5 C1.35AN mem Page 824 of 1018 -10.1 Duflng Iperbr7naince of the serWass uinder this Contract, CONSULTANT shak maintain the fbillowming Insumince polides, and pr iinsuirance aWdencing such ooverages and firnift, and sloll The wrKtan lby min Insiuran ce companIb ri Ibuliiess ilia FlIcirlda. 10.1.1 WbiWs Compensation linsuirainw-m-, 'Me C01148111JILTAINT shaill procure and ism aiii nteloin -for fim Iffe of this Conbact, Workees Com penw.bon Ibnsurninoe covering allemployees with kmft inneeding sill allgAicable state aind,federal tem. CONSULTAIN r shall iinclude the WDirkers CornIpsinSHIJon and Emmmlpll m' ILi11l°'y Insuirance.requimnemts kin ks subcontracts. vi ii cmerage Il'u1indiude dEmpW IUilliitywith firnIts rneefing ailiappireablie date and redoral Ima. "rihis coverage must extwW to aim sulb- CONSUILTAINT,that does not imethellrow WwWa Compensation and Employer's L1 Kllm . Ilmmisurance, unless not. required lby sbikft. The pollicy must conwin a walveir of subrogation Infavor Df the CITY of Boynton Beach,, executed by the insurance cornpany. A 10..3 Business ALdomobile LG b1111 The CONSULTANT siholil lwmuire in malintain,, for the Iffe of fa Contract Business Aubmin o(bills 1_11911611fty Ilinsuraincm 'The CONSULTANT ll finallirAdin a $1,000,000 oomblined single Illirnft 'fair bodilk Injuiry and property darnage Illabilifty to proted, the COINSUIL"17ANT 'from 1ms for daimage 'for bodill; and paminall iiplliuryi, Includling deat, as well as &Dm dairnsfibr property damp ,0 ich may arise frorn the ownsminip, Lize of malintenance of owned and non -owned autornobille, linduded rented automobiles, wheawr such opomflons, The Iby ,the CONSULTANT or by anyone. directly or indimakly employed Ib y -the COINSIULTAINT. 10.1.4 ProtbrMonal UsbAfty (Eirrors and Omissions) Insurance: The CONSULTANT shall procure aind menu aintalin -for -the Iffe fA -this Contract In this minimum amor,int of $1 1130D,000 per dalimfuggregatq noynWn Beach Uffliti.. (len w.W Coundft Savlaw 10-18 V. 5 CLEAN F MAL Page 825 of 1018 102 it shall Ilm ft respoinsiblifty of the CONS IU 11-71"AN"T to ensure that all sub. CONSUI TAN IS comply wKh 111he saime lin it requirrements reftenced above..., 1 M3 In the judgiment of- -the CI IlY. rwevallilinq conditions warrant the l:mvisjoin byVie CONSUI :17AINT of addiftionall 11ablifty insurainca coverage or coverage which Is diffibirent in kind, thip. C1 III ' rrenrves the fig frequire the piroion by CONSUL.TAINT of an amouint of commige diffeirent -from the arnounts or Ikind preWou* requirwi and ahall aft'd wriftein inafice of suc.h charujis In requiremenft thirty (30 ) days prior to the dato oin Whildi ft rrequiremerft -shall take offect. 8(ho uld. the C ON-SUILTAN F' it or riefude to W6* the requireiment ofchanged oDverage withlinthe thirty (30) days follovAing the C ITYS written inotice, the Cli rY, at fts sole optiolin,Mwr,ftnodoe may W.Wriate s Contract upi�,xn n ito the CONSU I111 TAINT, said kermination takina affect on the date that the required change lin I. iii coverage wouid oerMse take effect., 10.4 CON SULTAN"'r ShW[, for a pedod of two (7) years foliowkq the tairmination of the Agire =..,eint, maintai�n a', @@ coweraqd'w In an amount equal to tIhEd diesailbW above if coverap is inot oftrwise ronmed for CoirnprWwslve i labift insurance oirr a dalms-made policy only. ARTICLE 'f1 -WDM,%-MDM1L-11r CONTRAWMIR 11.1 The COIPS SIU111 TAim r and the GI If"' agree that Me CONSULTANT W an Independent CONSUL TANT with nBspect. bD iffie serWces proVided pursuant to this Conbact., Nothing in Ifts Contract slI-ialll be oarisidered IbD auate the frelationshlIp of to err ainid emimiloyes behmon the I@mertko hewd-AM, Neither COINSUA TANT nor any employee of COINSLILTANT shal be enth.1 ed to any. beneft a=rded CRY efrerm l Iby virbie of the seMomm provided under this Contmct,, .,,' e @ ell incA Ill,me responsible forwithhoMing or othim-wise dedurOngfede. ral Income ta-x or, su"ell sewft ar, For ooMbuding W the state Industrial linsurvince progirs. m, otherwise anuming the dufles of anemployerr with rc.x ".ct to COINSIU111 TANT, or any eirniplayse of CONSIJILTANT. 11.2 COINSILMI..."TAKIF acknoMedges miud understands that, as an independ, eird CONS111 IILXMlf r Ipuimajent, to this Agreement, CON St.11 TANT eh ll coomplywfth Chapter 119, IRorlde StsbAen, as arnended (Pulblic Reoords),, CONSULTAIN78 obligation Includes, It fis not HmW. to COINSUI TANT'S obligation tD, preserve u bli rracorde and make public fre., cords avallable to third Iples. In addlition tD the CII FY AFM AN IWIFFINGIE I1101 112 010ME-MI, I 12A 'The CONSUI TAINT warrants that he has nuil employed or reWried any company or person, other Iffian. a lboinsfide employes worlding sol* Torr' DNSU1 TMIT, ,to sol.ft or smire thM Cor*aM. and the Ihas inot pefd or agreed to pay any corripany or pemmother thana bonafide employee working sol* For the. y CONSULTAIN ', any fee., cornniission,, percentage, Ibr erage ftek, glifts, or any other 00111SW31MI00111 confingent upoin cir, fresulliking firorn the award or malkIng of this Contract. For bireach or idol ion of this warrainty, Uwr C11 1 Y shall have -the rrlqht tD ainnul this Contract without liability or, In iif discradon -to deduct firom the coiWact BoyrAm Beach Utilifies 1( Counulft SwWom V.5 IrMEA14CIFTRAL C-419 Page 826 of 1018 price m it cmm f„ . 1,iiimmmrm, lorr ffmrulmm' m I dr, die full mvru,oiuint of souch fee, commisslion, plaircentage, bim,mlilmm r ;, a W -we, gift, or, m ,mm'mffm'm iomfr AIR. f 'If 1NYII ,,," „ tlq l UI N it 'UIr Illlr lw,ll �!u�u; f llU4 13.1 I J ,u rnof 'm'f C �m ritred, ly vthe,IIY ill 111 „ „,u 11 ,,,lf° sfm mlUl act imsthe mlWOOmlllun of a frrcriw,,,,rcrmul„m'fffUm w„„m, ”„ "ing 111:11hat'llffm r ur'ru,, aind cmmm tIllimd. fmm otermfmmumD tilve, cornpermation ;vivMud, ilbr In this Contract 'i mjmc Ileµ mmrmlf'mf tum, irrrf current, as of tho daW of the fro 13.2 f tie sald iratias and c mu f Omit the ill4ii,irsted,lin m 'mm ud iu:Rny ,u f rmiiif c.eir rrimu. sh mm,mlllmf lIV' mlub ir( , nirm °f .f the mr s and c' 'wermm frmm m' mf e� to hu,';lmm.m mta. , iurmcmfmf fu „ arurio u� ,mlrlr rd wags m*m mem' gjimm to ine=nislam repirmenlations F flBOS pold to ot.ODU a ISI ° UI,,,;rAINITIU . 11„m ,iriMiAl exec m Iftm, urs ylfIlt Ic,urm m�u ur thll �U'"gym"flii911' ;gym"p'm w fmm w (111 I fol ,nIll pa llw mmf„ WIucrvim Iii '14.1 inhe lC,',3.["'i°mw ' the IIr l'it to almept'lithemar mllu 1110IF101InCt the leebo m 11cff wa Ipalift of r° ar will °°° "r111MIl„f ILTANT rud to Illlm". umufl llraw:11ff of any �'16�IUIICmIP",�' IlfIII�,�IIII,"„"�i��u, � mYm,���m'° IIY uY'mm �m� �I�i �I�'�Illrlrm'lufmm�'fm"m �fm� f,N!'mmum ��m� 'fUllii 'm�m���� El Il I°A`m T to perfbrmmm, Fmpedy ii,irwdor f,' "m lr mact 'rho I IIN4' Ili, Ill TAN lir is ummrm mamrw to llmm „N f vendom for ip rflf f f uru liim'm subcordracling.- cmppairtuirMem. If the CO I UVII IUmIT luses any sub CX!;!*fMJIIIM ion'this rm.lac the °11bl immm ' „ primilmons of this, f' mm shdl mafmfrlllfr°, 14,2 ff imm ulB-lQ(.)U lSIl„ff,,,,:"TA T fmauffs 'ko perfomirii or irinalce, IUmr irimmm , as requilre. d b WO Caidmic ct and it, is immessary ilbmm riapilp, oc the 5IIJII gl iDN"Ei�lll„JC1,,;"Dfft mm IIUm ° Ill:f e wicirlic, In allItmelyfaishloin, 'IN,f ICI )1M SI ULTAIWT sheff IIUm roan ff ,m llhj c:, 'fmlm .acceptance. of the new ' f -CIIN" DUDI'liN I` Ilby 11fie 0II”" If' 11he I ,m fllfu f'fm)rm of subcontractor r ,IINmalll irvA, bib,au f' u 1101, °fes excxmse a cllmmflmm,y in fllhmuu p „ mmrurmmmmm(* miny IU n irN'this imitrect as W fom'UUfm liin 911111he Scope of'iVV uel "f'm,. ,,143 1°'lllrma, uC OIN SIUf,,,,;°IIN" ,Uf''f„ its , uk„flll!, cjiNst..,Uf,,,,:"r)N,IINI * agerft, m"mmerft, or' erqpllbyepm mlu mm�mu fm oiiAw 111 ilti y 9IIII is 1'mmmmmwmmm mid II mmmm ff li m'm +mmff mfulm fC of mf umurm ' 'ff�umu it mmlwmm.f the llbir Vmuirork lio be perlironrimed for 1fm.. Cathe �CIC;ANSUll ,TINf"llir must lirworp, cmdetheterms of fIU°ufimm contract. AR"'1110III,,,,!IIE IN; f GIMIMMAERINU UUUai a °Illlffl III""UU"l IIC 1151 "'llFhe1Cf"IfPf 1U,"flllµl' f` r,,,'mmrf impit to the work,'Ipwirfm,mm'mmrm V R m,mrc'm m°"Illhiim IrDimmmdrack, 'IlAdil not mff rUmmmfm'm fmrm 011ffillb g lInDUM, of era , lo, doir'D ureal, m'm r dglr%, urellpl rmw aeed, 1BOX ler or the, ra lm Immurm,!f II IINmfrAcal orseriswovy liandicap in flier seltwhon mmmmmf ratenCkvin of ernljplioyem cmrIII. „ c,u"miv-er'm rr1 of mmm rr mfmm or um,iiII up „ , „ III . IIllCfl,mlE 16 ASS[ ml lj�lll!i 16,1 Th IN, rfmfSUlll U'!IC,�N�r�f�," f'm fIIP m°uurmf mmult:lll mlmm,. r muni mm any mcuUtills mmr m'mrf , icrr r'uulm ' flmdy'Iffmir uUClWmmurmf, f mIII; iUfm mmmm ami iiifllNen limmmil ofthe IClf°IU'"Y. Page 827 of 1018 AFMCLE IT „m II 9MM6M 17.1 A wah w, by. effor CIMY or CONStAll TAN"r of any, II fu of this Contract shaI n,Dt 111)e bindiiing upon thp waliviing pp airty unless sudi walveir is in wribing. IIIA the event of a writteriii wai,imr, such a wahimr shall IY ota ffed the alving im,,irty's rigift with respect to any other, or further breach. "'rho irnaking or awptanica -ora PaY.Mm.t by efther party �wtth knowiledge of ft exiMerwe of a deftuft or brew* shall not operate or 11M. construed to operate as a wahw of any suft"uent debult or breach Ail'TICk.lE IS .......... r RUINATION .. ................................................. _. 18.1 jganjn���"..Irm u�: F"His Gorftcl may batermlina., Md by the C.3"FY for coinimn, ienw, upoin ten (10) dap iDfvvrKM.. n Ilrn im lb y thetermlinablingjjk:wrty. to the otbirx jrmilly for such U.M.1nation In iii chieveridM -a CONSU11 MNI'shal 11be paid b compenaMon for sentlon perkmned tD termingolon date, InirJUdiling serWobs reawnabiy related to termination. In the event that the CONSUL 17ANT obalin dons the Corftict or(muses it -to betormilila ated, CONSULTANT shall indemnify the 0111 Y against loss pertaining -to this terminallon 18.2 rermiriquor, for Default In addition to all othw rerviiiod" illAble to the CITY, this Contract shalR be suh.jnd to, canodlefloin I ihll fbr cause, ishould the 00N&Jil TAim r IISit.*Illect or -fal toIp' erIbnin Or oW, m. any of the md Wal 91kerms, prodsions, conditions, or, requiremenft 111w -an contained, if such ned or fall uir conflinue for a IIod of thirty (30)dar, after Irecelpt by C0IIIA SU1[ TANT ofwritte, in nr uIYn lect or ft!!Wire. I n ft even t of n0nam payire at of other Irinmo„ rial breach Of thIS COrdract by CITY, the Coirftct ris subjw..I. to enneelliabon by COINSU11 TANT should such condition cainitinue for m Ipnerlod of thilirty (3D) diays after recelpt by CITY of wdftm notles of breach. ""UIIIII ili 0114 110 !�HQ r I 19.1 Any idleprpt s afivMV out of the terms or condlflons of thIs rContract shaH be adlPyfficalk-A withlinthe couift oll'IFI Dride. Further, this GordrmrA shall be construed under II:`11iDdd,& li aw. Clalffis, disputes or Other Ilmna RM In gw8floIbetween, the partles tothis Conlft.d av"Wng out iV* ar, relatft to thilsConbra( A shal The in a court of low The Cirf does riot rAnsent to mediation or arbitration for any Vfrnaft.. ler coI nected to this Corft ct. The parties agree that any action arisling. out of this Cordract shall Use jjl:Aace in l:."Wrn 1113pach County, 11::`harich,,.., AR"inCI.E 2D­..Vjj4 Q�� F Qjjj,.,,LABI,.11E F011 20.1 NeMer this Cirl iiftorCONSULTANT shall INDe, considered to Rwy in n, ruff of 018 Contract if delays In or fallurs, of 1perfomance shall be due to Unoorwhdialble IForm, this ~ of witdcM, by the oxim'se, of Ilaeasonablks diligence, Ill on psi-formVIII' ig p", could int )Uma. 1rhe term "Unwi UU IUmlbr IIrorDW shall mean any,event i(,,.h resuft In te prevenflon or dellul of perhnnance by a part of Its F obiloishlons under' nil Contract and whillich. iii II.wyond this r emsonable ntroll of ftie norm peifimlirg party It iirndiades, but is riat. llmlted to fir Pa., Ilood, ea. Fthquakes,, sWirrns, Mlgiftnling,Il ernic, war, ICUat, eMl disturn anta, ser bdAsge, armid Bciynton I.Mach U011dw., V�S CLRO.,PPH11JAL Page 828 of 1018 govemimmUll a.c.Nons— In such clircurnationces, partles agrF m, to an equitable adjustmerift of scWuns andprilem., - 20.2 Neittor Iparty shall, Ihowwair, be excumd from Iperfoirniarm cd N non-ppild. Mnance Is due to for whilch are. pre wentable, removable, or r miirable, anid,which the ren in,,,, peirformlin g party coWd have,wfthflee exerdse retable dillgeince, Ip ted, iii-emaw-4, or rerwidiled wklh Ireasorwable dispifth.. The no". edbrming pailys1hall, wfthliii,m a reason Ime of baling pveywAnd or dellpyed -from performance by sin unwntrollable ft.rce, g1ho wrMen ren Iparty dt-mcribling Hie circuimsWom and iunoontrolllubW for piwwdling o0intinued performaiii-ict.i) ofthe obligations of this it it ANT E2111 mcii'"ry 11ON AUD SERViiUM ................................. . .... . ....... I . ............ . .. ... . ...... 1�� ............ I ­" . .............. . .................................................................. .......... 11 11 21A CITY shall fiximilsh COINSIU11 TANTavailable StArlies, reports and other dato peftlinent -to COINSUILTAN"'ll"S SeMoM In or atilhodw CONSU111 :TANT to obtallin or irawkie addiffional reports ainid data as mquiried; furnistiii to CONSUR."I'MIT servim. of others requih,'W for the perice of COINSULTAN"IrS servioa, s hemunder, ard COINSUI, rAN"T shall be enfified to use and imdv upon all such linformagon and serWow prw.'ded by CITY or others In ryBirformill rQ, COINSIL)III TAN F""S seWioes undorlhis,fig reemeryL ARTICLI'll-I'l-11 22 -IEslriimATIE�Ns A.11 ERWHIEN NA, 22.1 In pr mm ophlons. of owt, flinaindal ainalysm, ewren wnicfessIbillr4f projP.40,, n and srhadukinfoir potenfial projects. COINSUILTAN"I has ino wnlrd over Ben or prte of labor and mabNWI; unknow'i or IwWr* condiftxis of e;dsUrwg dqiii.dpment or rilh,ictureati'mat vney aftrA operadion'sind maintenance coft, compatRiVe biddfling procedurm. an.d rim ,r ket 00indifflons; flime or quality of poforimainice of third parbes; qm,wlfty . Dininell; and Miner . , type, managGmen-L, or dIrerbon of opeinfing 1psim wanimnib and operaitIlDinal factairs -that imay cornatutally affect the uItImate prq1ecA cost, or schen edyule. Thwdors„ CONSLUANT makes no wimirranty Mat CITY'S .w Il pirojett ct)gs, flinancial aepm.ft, ewnomic basibility, or schedules will inot vary ftw CONSUIL.TAN M oplinions, analVses, prof edom, or admates. Ana E 23 —.'MIRD PAmUn , 23 1 rho wrWces tirf Iby CONSUI. TANT are InterWed sol* for flie lbonefit of UrY.. No I. r@ or einfifty not a siginatoiry to thilis Agireernamil sIvEd1l llr e. e intitled tO m*,f on CONSU111, TA IprOmm.imenw af ft sovirms ho'Runder, and no right W aqw.A a dalima agalinst CONSULTANT by assignment of iiiindernrrrity. rigIft or othervAse Mall accrim . to a thirid party as a resullt q:4 ffils Agreement. or the Ip ,In of CONSU LTAN"I"S ww%ftes herm.,inder.. Baywoviii 1113each rUlflifies Qmsal Connuldng Sen'leu es C-22 NF"5 CEMAN FUSIAT.." Page 829 of 1018 R F1b01 ,llll'IIII24, mol 'icllUlll; 24.1 All nobicesrequln.,W inibs Cordrad,bh,,,41 IIbii i,.i erd in the QI Y aurid shall Ibe irrialkad �u" eiiiW6each _ w1.11flo frrr !iu�rme. D'�u° ���eer° � ewe IIII IIII Pe r III er r Ill"k i eee wIII III n: I ii III._A r_w °ue,mrll lid 1. 3'3'1 3 1, ' 3425 �....._.._ And II91uofices to CONSULTANT, shah address: rii'llUE 25 25,1 This Conft, r wiffithe RIFQIRFP aW any,13didenda andfor aftchmeft, repiweiftintegimted agreemerd between 'the CITY and the CONSULTANT n Ips N I" r inegodations, relpiresentaftins, or egireements n or of u. This Contract may The amended only I _ :aim Instrument sigined by both CITY aryd CONSULTANT. 25,E Alin this event of a coidildni and a prWsloin of in tnidliivii a al Task Order, t1he pimAslion of the Orderwill contird., ,'y (", Bach 'LEAN a � �m �m tl::'�:mmm mIVl m Sm m� -' Page 830 of 1018 savereign imirriunlilly, our exhmd (l;;III TY'S 111ablity k", Ond ift, 11mb iasft- blishwl in 5 i 1iii.M.Mon 7618.28, Flovide IE)'fzhAef.ii;. as airnandexi I MEN 27.1 The City is public asmicy subiod. to Chqftr 119, Florida Statutes. Ilie f wmply m6th F1 Public Records Law. Specifically, the Contractor shall - A. Keep and maintain public records requiredby -the CITY to pin, form -the scMce; B. Upon rcqtwAqt fhm the CITY'S ciaAmhan of.pul.)Iic rx,=Ms., provide, the CITY with a copy of the trquaqW rewnds or allow the records -to be inspnoted of copied within a remnable, Lime. at a cost liat does ma exceed t1w, coa provided in chapW 119,.Fla. SWIL or as athemim rmwided by lzw; C.. Fasure'doist pX1c. records,illhatare exampt, or," Mr. confidenfud and exempt kom pubfic r,)rd disclomme :irequhmnmts err, not discli- excet, as authorizzd by law for the duration of the contract f ffollowing, compledon of the vmt=4 Contractor shall destrqy, all co.1p1es, of punch fide 'sl and exempt records raumming An its possession once .the Contractor tranuf6n, - the:iii-wAm ds in its pmsession tum'. CMY; and D. 11pon. nu liedon of thc., contract, Contractor ".- I trimsfier to the CITY, at no cost to the MY Y., all IniblID:irecor& in Conor tractm.'sP.O. sse.s.%on All records stored clectranicAlly by Continctor must I'm provided to the CrIrY, upon M�%i ftm the CITY S custadlwfof pdblie remk1s, ina, format dW is campnftblie with the infibimation tecimiDlogy system. of dw CTFY. E. IF I'1111E HAS QUI S"1111"ONIS III[WIVIII[T TO FROVIME 1111RET113.1 JC RIECOIRRIM, RELA"1111,711ING 111111110 "fll"I's CUSTIODIAN OF PU1113111C 11DA, 33425 1111,10YNTON BEACIIIIII.F. U.).R. 5161.1-7421,1,140,61. Bqpfkx-m Bin, ac I.Yfilifirs— GenrantOmmuldnip is V. 11CLENNA, NAL I , Service 0-24 Page 831 of 1018 Article 28 - MWATION OF MABILITY DATED thh,;�day or � ....................................... I : .. . ................. JIL ... . ................................ . . . ............................ . ... . ....... .............. I CITY OF BOYNTON BEACH .... ...... .. .. .. .. .. .. .. .. .. .. .. . ­ mi DqyvWn Bea& Uffiticut - O=Td CmmMnqeWiwm V i CXZ M—FWAL . ............ .................... CGIMSUI 7 rANT ............ ....................... ................................................... . ............................. . swci�wfiry m Page 832 of 1018 FEE SCHEDULE .......... . ........................... ....................... J 0 �mr 'y R', Direcl, ux-sts such as pastap, priluts, delivery service will bebilled at. cmt. B,qymW-nB=chUfififiw ,V.5 CLEAN MAL, Page 833 of 1018 EXIMIT"Bl" CYOP f Boynto, n,.,Bearh R bk ManagemeAll -Department YNR �NN�ulu IAD& cow wms and cmidfthms of A cimftwK Immov, iilmd 99reummb On Cfty mquins appWdusc cxwwagm la 'mm OX) C#y of r1q,yulm Befth'asAddifiam. I bumurA baa is idoem ky jAmnift a Cut'ficdc 'of krAffm= listkig Me CINIY as KIwdff.11 wdl P'TIM1.11 C"Ity �of 1111 ata Fkah is AddificmW Inmed pa mpr4 ii* iDuvaWm, noted." llniiffcrwc icoml.mxm I 1: juNidfiW. injimen roams ma m" b ullm is Imumt, eaft by AM. Jk9 lCo. mml"" "84P �ivy hij�jlwr. PVi.VE,.:- An Mm-amm, comft, ct or bouk. r my br 7—beftilkywinisalimof ",sofinm-mawiv, acquired of comtr II , („ IKYM 'This list, In illillotallincluldw, MmIll J. -he City y,rowvqw the a ilwm mqIrt ad pn dMomml types all immaim-un, ox ... . . . .. . ....... . . .. ... .... . . ......... .. . —,­,,—,,,. .. . .. .. .. .. ­� . .. . .. ,Xvmmmmm Ilf, (.:W) 'MM,Izm UNIMAWOMM .... . .......... . I .................................... ........................... . .......... . ...................... . .. . .. I I .......... 11 .. .......................... . .......... . .. . ....................... . .......... . . ..... .... . ... .... 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I',""-, ............. . . . ................... . . .. . ............... . .. ......... --.. ,Odw.j, - As, Risk Idadrwd to betkWimined E.",iialwa Beadlix Ub"lifics - Gic-mimial Cormulting Swivicclir, 'V.5 CIX ANI FWAL 27 Page 834 of 1018 ]EXIHMI[IR, I'l,llc!llg PERF ORMANCT El VALUATION F()RM inion. Boadi, Ulilitics Gonaml Con i IConServkxmli, V.5 CIAM1,U]IFINFAL C-20 Page 835 of 1018 II IUU"!!!'' 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II D& [9I Ilss 116'IIIII°°IIIIIP°°'llllhIi IIII IIIIIIII IIIIII''�,SC1111111EDULE 2 at AFCWIm Sm", Illumc� 2W Hg, u'' "IIIow iCbwA GWARa V'°L MtX 11111AW COOF Thm ACMD viiiiams and 14mW areiiii,siglaborud immuka:d :) Page 840 of 1018 EiWASCOM WD IVu�"III"WI�� mAh GraMAvenve 2153MAM W 941, 1!:Ilbw ll.wwaw Ag-aildimL CA =71 wMincuffullum INC u ScmWary of AECOM'Twluicd SwWce% br, a corpmbion arganized underffie laws N, State of Celifanua . `Vxrpondionl, and dw kcqw of ib rcwr& and wqx)mto sod. Big Wat Th Stack LOO.AnsWes, CA 90017,w w Lo9.Agqdem6 Wifamia 90071. CorpomdM this 30h day vfAuVr#, 201& Page 841 of 1018 IN 14 , oil the lDhmftrs Inve harounicset 9-5dr hands this 238d clay f August,, 20,18. oaWd Goin ,,,,�...,,,,,:;wpm,,,,,,,,,,,,,,,,,,,,,,;,,,,,, ... � IIU�I.III'��uui IIS Page 842 of 1018 Scope of Services Amendment No. 1 to Task Order #UT -3B-03 36 -Inch Raw Water Transmission Main Repair Design City of Boynton Beach August 23, 2022 INTRODUCTION One of the major raw water conveyance pipelines for the City is a 36 -inch raw water transmission main (RWTM) located along Woolbright Road. This main was recently damaged by a geotechnical firm attempting to obtain soil borings to support a proposed FDOT roadway improvement project. The damage occurred when the drill punctured a section of the RWTM along the southside of Woolbright Road immediately east of the bridge crossing of the E-4 Canal. The section of main damaged was HDPE pipe located approximately 40 -feet below grade that was installed by horizontal directional drill (HDD). This has resulted in the RWTM being shut down until repairs can be made. The City had previously contracted with AECOM to evaluate alternatives for repairing the damaged section of pipeline. Alternatives evaluated included installing a repair clamp on the damaged section of pipe (Point Repair alternative), slip lining (either traditionally or by compression lining) the 2500 If section of the RWTM that was installed by HDD and installing a new 2500 If section of pipeline. Based on the evaluation performed, AECOM recommended the Point Repair alternative as it was the most cost-effective approach to repairing the RWTM, although it will have the most impact on traffic along Woolbright Road. If the approval from Palm Beach County cannot be obtained for the anticipated lane closures needed to perform the point repair, the compression slip lining alternative would be the next best option. Although it is significantly more expensive to construct, construction activities will have far less impact on traffic along Woolbright Road. The following is AECOM's proposed scope of services and fees to prepare construction documents for the repair of the 36 -inch RWTM, obtain the necessary permits and to provide Construction Management services during the construction phase of the project. Design and permitting fees have been developed to accommodate either the point repair alternative or the use of compression slip lining to repair the RWTM. 1.0 SCOPE OF SERVICES PROJECT MANAGEMENT Task 1- Prosect Management AECOM will provide Project Management services throughout the course of this project which is estimated to last six (6) months. Activities will include file maintenance, preparation of invoices and general correspondence and discussions with the City. Six (6) hours of Project Manager time per month has been allocated for this Task along with administrative support. Task 2 — Kick Off Meeting AECOM will convene a Kick -Off Meeting with the City within two (2) weeks after the Notice to Proceed. The Kick - Off meeting will discuss and document the point of contact within the City and AECOM, communication protocol, Page 843 of 1018 data requirements, the scope of work, project schedule, milestones and submittals, and other miscellaneous issues. AECOM will prepare minutes of the Kick -Off Meeting and will distribute them to the meeting attendees. DESIGN PHASE Task 1— Development of Construction Documents Construction documents (construction plans and specifications) will be developed for the repair/rehabilitation of the damaged section of 36 -inch RWTM along Woolbright Road either by point repair or compression slip lining. Plans will be prepared in AutoCAD latest version and specifications will be prepared using the 17 Division format of CSI. AECOM will use existing record drawings of the existing pipeline to create base sheets. Consequently, no survey is included in this proposal. A $2,500 fee has been included for a SUE subconsultant to perform utility designations of the existing RWTM in the event the compression slip lining option is selected. A designation will be performed east and west of the E-4 Canal to determine the location where the RWTM transitions from ductile iron pipe to HDD. This service will not be needed if the Point Repair option is selected. It is anticipated that the City will provide AECOM with Division 0 and 1 standard specifications. Included in the design plans will be the development of a maintenance of traffic plan (MOT). Review submittals will be made at the 90% and 100% design stages. Submittals will be in PDF format. Review meetings will be scheduled with the City after each submittal. Due to schedule limitations, review comments must be received within one (1) week of receipt of the review package. The Ready for Bid submittal will be electronic, on CD, and two hard copy signed and sealed sets. No geotechnical and survey services will be provided. It is assumed that that soil borings will be made available by FDOT if they are needed. Task 2- Coordination with FDOT and Palm Beach County Since this project will require the development of an extensive Maintenance of Traffic (MOT) Plan, AECOM will need to coordinate with Palm Beach County and FDOT on the development of an MOT plan that will be included in the construction documents and will be used as technical support for obtaining a Right -of -Way Use permit and a MOT Permit from Palm Beach County. We have budgeted up to three (3) meetings with these agencies as part of the fees. III. PERMITTING The following is a listing of permits that are anticipated to be needed for this project. Permit fees are not included. Since the project is considered repair work, it is anticipated that an FDEP Construction Permit will not be required. AECOM will hold pre -application meetings to familiarize the agencies with the project, review the permitting process, and identify any issues, concerns or special requirements. 1) Palm Beach County Right -of -Way Permit — AECOM will prepare and submit the application via the Palm Beach County e -permitting system. The application will include the signed and sealed construction plans, a description of construction methods, an engineer's cost estimate and an estimated schedule for impacts to the Woolbright Road R/W. 2) Palm Beach County MOT Permit — Once the Palm Beach County R/W Permit is approved, the MOT Plan will be submitted to the Traffic Division for review and approval. 3) Lake Worth Drainage District (LWDD) Right -of -Way Permit—The Construction Plans will identify the LWDD canal R/W limits. An application for Temporary Use of the LWDD Canal R/W for the WM repair will be submitted to LWDD. Page 844 of 1018 4) South Florida Water Management District (SFWMD) Dewatering Permit - AECOM will prepare and submit the application for a General Dewatering Permit to SFWMD based on reasonable assumptions for the dewatering methods. The application will include documentation of LWDD approval to discharge dewatering into the canal; an operational plan to demonstrate the discharge will meet State Water Quality standards for turbidity and how stormwater will be handled during dewatering operations. Also, a monitoring plan and a contingency plan will be developed. IV. BIDDING PHASE Task 1— Biddine Assistance AECOM will attend the Pre -Bid Conference to address technical questions that may be asked and will assist in the preparation of addendums that may be required. AECOM will also review bid packages received by the City and will prepare a recommendation for award letter based on information provided in the bid packages. V. CONSTRUCTION PHASE AECOM will be responsible for providing Construction Management and Inspection services during the construction phase of the project and will be responsible for direct coordination with the contractor. For purposes of developing a fee proposal, the following assumptions have been made: 1) 4 -month construction contract 2) An average of 16 hours per week of inspection time during 3 -months of actual construction time 3) AECOM will be responsible for coordination and scheduling of construction meetings Task 1— Pre -Construction Conference AECOM will schedule and lead the pre -construction conference. The purpose of the meeting will be to introduce the project team to the contract, discuss the project in general, answer questions the contractor may have and to obtain an initial project schedule from the contractor. AECOM will be responsible for developing meeting minutes and distributing them to all interested parties. Task 2 — Review and Approval of Shop Drawings AECOM will review and approve up to ten (10) submitted shop drawings for the project. Task 3— Response to Requests for Information (RFIs) During construction AECOM will review and respond up to ten (10) contractor or City generated RFIs. All responses will be in writing and will be submitted to the City for its transmittal to the contractor. Task 4 — Monthly Progress Meetings AECOM will convene, administer and document up to four (4) construction progress meetings for the project. Included will be preparing an agenda for each progress meeting. AECOM will prepare the meeting minutes and distribute the minutes to all attendees and/or interested parties within seven (7) calendar days. Page 845 of 1018 Task 5 — Process ADDlications for Pavment AECOM will review up to five (5) applications for payment for the project. Included will be verifying that the contractor is up to date on the red line as -built drawings prior to approval of each application for payment for the project. Task 6— Process Field Orders, Work Directive Changes and Change Orders AECOM will prepare and process field orders, work directive change authorizations, and change orders. Task 7 — Resident Proiect Rearesentative On -Site Services AECOM will provide a part time (average 16 hours per week) RPR for up to 4 months (192 hours) during the construction of the project. The RPR will provide on-site observation services to confirm that the project is being constructed in conformance with the Contract Documents. The RPR will maintain a log documenting AECOM activities and progress on the project. The RPR may also attend monthly progress meetings as required. Task 8— Substantial Completion AECOM will prepare and deliver to the City a tentative Certificate of Substantial Completion which shall fix the date of Substantial Completion. Task 9— Final Completion Upon written notice from the contractor that the entire Work is complete, AECOM will conduct one (1) final inspection with the City, the County, LWDD and the contractor for the project. AECOM will notify the contractor in writing within seven (7) calendar days of any work that is incomplete or defective. Task 10- Permit Closeouts AECOM will review the Record Drawings, prepared by the contractor, to ensure are accurate and meet City requirements. AECOM will also prepare and submit permit close out documents to the various agencies where permits have been obtained. VI. PROJECT DELIVERABLES & FEE AECOM will perform Tasks 1 through 10 for a not to exceed fee of $151,840.00 per the attached fee breakdown and the following schedule of project deliverables: Fee Summary Task Fee 1 -Project Management $11,980 2 -Design 47,380 3 -Permitting 29,710 4 -Bidding Phase Services 2,420 5 -Services During Construction 57,850 6 -Expenses (if needed) 2,500 Total $151,840 4 Page 846 of 1018 Schedule Task From NTP 1 -Project Management Throughout Contract 2 -Design 90 days from NTP 3 -Permitting 120 days from NTP* 4 -Bidding Phase Services 150 days from NTP* 5 -Services During Construction 240 days from NTP* *Estimated Page 847 of 1018 Nm—lm M N,, 1 1, T -k 0,&, OUT -30-03 3Wirtch flaw W-1 T....W.[an MWn Gap D-iq. W.W22 �Mnmqa T 010" ORMW 1� H.— M.M. Dumm.l.b." H.— ,7,0 81HWA.L.ba -.,f $700 0 s ST..k 3,.,dhg $S� 4�9.....,._.. M2 SM710FlAlft—S010Ay R.y P—'.VAW cl ."m 8..h C-1, M(YV P.— $,..� 94 W?w 4 40, $4 0 so 16 d U". W1,11h OMM W P. -I 2 MW 31,400 tG $2 1� B $920 2 Vs.: 36 =00 PA l.. pPxrrnil 9 51320 I W. 2M1 5'.1240 'fi _I slw 12 4 $— 4 S?w 41 M. 4 S— � 16 $ AN 72 $1 U 371 m 220 M , $251 N $2,00 � 424 $ 57,990 S�:,Qo $0 $4. 2 SMI 22 4 SM 6 St015 ., - - $. 6 $1 2w 4 I Np� Vrh, I $400 4 $7. SIAM so 0 $0 M Is ^a3,&40 N all 16 1W U $. fi W.., G4 HO -0 P. ppY,Willl (4) 4 $950 a $1,00 0 $0 0 $0 2 SIS. 14 00., 51-- 4 $1 . a $'LAW $- 9 Ma 2 mo 22 d11 of CO, 2 $460 0 $1,400 a W 0 $920 4 $300 22 M C61"A Rw" 0 $0 0 $a 0 $0 192 $2!400 0 W C ipWk� $0 470 11 4 ....... $4w ...............w 0 Q $tgm: 0 W 2 $VA 6 I1 fi4°IPaeommw 2"4Y2Y Oftbi. Labor. $1 MW $ 2.— �P..... S Taal: -Irr 0 - AXW Page 848 of 1018 11.A. New Business 9/8/2022 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. Tabled from the August 16, 2022 Meeting. 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 849 of 1018 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 I nvolvement 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 850 of 1018 Grant Amount: Attachments: Type AttacftrTIENI'lt Description IRE�IgUlbtiing M..'icatioll'I IRENI'ItaIFloweirFloiint Page 851 of 1018 Short-term /Vacation Rentals (STRs) Staff presentation on topic research City Commission -August 16, 2022 Page 852 of 1018 Overview Staffs research was conducted to: • Answer basic questions regarding regulating STRs • Prepare for possible amendments to LDRs; and • Review approaches taken by other cities. Research Outline: • Current City processes &regulations; • Legal limits to local regulations; and • Comparison of ordinances (sample of 8) o Coral Springs, Lighthouse Point, Miami, Palm Shores, Wellington, and Wilton Manors. Page 853 of 1018 Current City Process Current process: • Reviewed/App'd residential rentals since 1998; • Allows any homeowner to rent their homes; • No open code cases and liens; • Neutral minimum property standards; • Regardless of rental period; and • Application and renewal fee — appx. $62. Page 854 of 1018 Legal Limits to Local Regulations FS Ch. 509 Preemption -Locals cannot: • Prohibit vacation /short-term rentals (STR); • Limit the number STRs; and • Regulate the duration or frequency of STR leases. Page 855 of 1018 Legal Limits to Local Regulations Examples of regulatory limits: • Require review and annual approval (BTR); • Require inspections; • Require id. of "responsible party • Prohibit rental to sex offender/predators; • Set a maximum occupancy and visitors; • Apply parking standards (quantity, locations, etc); • Require safety stnds.- pools, smoke/CO2, sensors; • Posting of rules and contact information; Page 856 of 1018 Observations/Comparisons Similarities in the Sample: • Defined STR. - Lease period < 30 days; • Declaring "resident agent" or "responsible party; • All include a maximum occupancy standard; • Require property inspections, annually; and • Restrict/require parking surfaces. Page 857 of 1018 Observations/Comparisons Differences & Unique Standards in the Sample: • 3 require hardwiring of smoke & CO sensors; • Proximity or travel distance of the managing entity; • All set max. occupancy BUT; all standards differ; • 4 differentiate - registered guests vs visitors; • 1 requires a landline phone service; • 1 requires public notification during approval; • 1 requires a hardwired/monitored sound meter; Page 858 of 1018 Final Notes & Considerations For Consideration: • Changes in BTR Fee/Use require a formal study; • Magnitude of STRs is unknown; • Private services exist to support id./regulating; • Most cities target common nuisance issues; o Parking, appearance, congestion, oversight; • Some cities intend to discourage STRs; and • Problems specifically associated with STRs? Page 859 of 1018 Questions / Discussion Page 860 of 1018 11.B. New Business 9/8/2022 Requested Action by Commission: As requested by Mayor Penserga, staff will be presenting results of research on the feasibility of solar panels on City buildings. Explanation of Request: This item will be led by Sustainability in coordination with the Public Works, Utilities, Recreation & Parks, and Finance departments. How will this affect city programs or services? Installing solar panels can help the City meet its greenhouse gas reduction targets and save the City money on electric bills. Fiscal Impact: NA Alternatives: Strategic Plan: Environmental Sustainability Strategic Plan Application: Strategic Objective: Increase energy efficiency and use of renewable energy in government facilities and private properties throughout the City Climate Action Application: 2020 Climate Action Plan Strategy G-2.3 Renewable Energy in Government Facilities Is this a grant? Grant Amount: Attachments: Type Staff IRE)p'.:irt Qa.aiOtE)s f fflh E)r Description Staff IRE)p .:irt oin So: air for City Il:::::acillifliEs'S 1....11EsstEsir' CEsir':fEsir If Rooftop So: air IC.::lira:alpc. sail Iby (::y..f. w: LAirnirnairy of II:::::IC.::1..... Il a tE) Il incir'Esaa: E)S Page 861 of 1018 SOLAR IVR Y ON CITY FACILITIES oynt®n Beach City Commission September 8,, 2022 Rebecca Harvey Sustainability and Resilience Administrator Email: HarveyR@bbfl.us Phone: 561.742.6494 Solar Energy - Alignment with City Plans 2020 Climate Action Plan * 50% reduction in greenhouse gas emissions by 2035; net zero 2050 * Strategy G-2.3 Renewable Energy in Government Facilities * Cities Race to Zero: Accelerating high -impact actions City of Boynton Beach Strategic Plan * Strategic Goal: Environmental Sustainability Objective: Increase energy efficiency and use of renewable energy in government facilities and private properties throughout the City Page 863 of 1018 Slide 2 of 17 I'��\�\\\\\\\\\\\\\\\\\\\\\\\\��lI AIMIRIIIII&I I'N(l�(������\\\\\\\\\\\\\\\\\�"I City Progress on Solar Energy �/PMR, MOR, SMART ....................... • SolSmart Gold designation • Fire Station 5 - 7 kW solar PV and solar hot water system (2010) • FPL SolarNow - solar canopies and "trees" at Oceanfront and Barrier Free Parks (2018) • Energy Edge Rebate Program - $1,500 rebates for solar PV to eligible City property owners • Palm Beach County Solar Co-op partner 3rd Co-op launches 9/14/22 solarunitedneighbors.org/palmbeach Page 864 of 1018 Slide 3 of 17 Benefits of Solar Energy • Greenhouse gas reduction to mitigate climate change • City leadership in clean energy transition • Electric bill savings = $ to reinvest in other public improvements • Federal funding available • Tax credits available to municipalities (Inflation Reduction Act of 2022) • Falling Costs = Attractive ROI's • Levelized Cost of Energy (LCOS) • Proven Technology • Low Maintenance Page 865 of 1018 Slide 4 of 17 FPL Rates Impact • City is on the FPL GSD -1 rate schedule. • Significant rate increase 2021-2022; another increase scheduled for 2023. • Implementing solar will help the City minimize future cost exposure. Total Two Year Impact 29.8% 29.8% 30.2% 51.7% Page 866 of 1018 Slide 5 of 17 Solar Photovoltaics (PV) Basics Typical Grid -Tied PV System W., P-1 An, AI WM rf aw.w Mulwr EIwtIAw Typical Off -Grid PV System S I Ne IA y �M",n.Mlll%°.A'JIIIp,V""'ntl�AC I�wrMrnt .�YIOWky",p�IUP' cew,wa �y°� camwmlw. 41, ®aoaooy Backup ®ark Types of Arrays Facilities Considerations • Roof Type (flat vs. sloped, type of protective membrane) • Roof Age, Condition & Warranty Status • Available Roof Area (or ground area for ground -mount systems) • Building Energy Demand • Hurricanes & Wind Load Requirements • Structural Analysis • Electrical Systems Page 868 of 1018 Slide 7 of 17 Ezell Hester Community Center, 1901 N. Seacrest Blvd. • Roof Type: Modified Bitumen • Roof Year: 2020 • 3 electricity meters include building, ballfield & concession stand • Rooftop Solar Proposal from Advanced Green Technol • (247) Jinko JKM410-72HL-V 410 -watt solar module! • 101.27 kW -DC system size • $255,616 quoted price (August 2022) • Solar Parking Canopy • Cover 24 parking spaces • 90 kW -DC system size • $400,000 ballpark estimate from AGTage 869 of 1018 olar Financial Metrics (Cash Purchase) Ezell Hester Community Center Proposal^"►� Annual energy consumed by facility: 526,920 kWh ($55,627) Assumed energy cost escalation rate: 4.0% Solar PV System Power Rating (kW) Annual Production (kWh) Cost per watt installed Solar PV System Cost % of Energy Generation from Solar First Year Savings Lifetime Electricity Savings (25 year) Payback Period in Years IRR (25 year) ROI (25 year) 101.3 90.0 191.3 152,611 135,627 288,238 $2.52 $4.44 $3.43 $255,616 $400,000 $655,616 29.0% 25.7% 54.7% $12,332 $10,960 $23,292 $456,016 $273,990 $730,006 16.2 20.0 4.4% 1.86% 78.4%,e870 of 1018 29.5%le 9 of 17 Potential Solar Capacity of Other City Facilities Carolyn Sims Community Center Arts & Cultural Center City Hall & Library Police Headquarters Fire Station 5 Public Works 1 (Admin/Fleet/Warehouse) Utilities Administration Building (EOC) Pistol Range (Fire Station 3) Other buildings or ground -mounted systems Metal Modified bitumen & barrel tile TPO TPO Concrete Deck Sealed Modified bitumen Metal and TPO Single -ply 2008 49 kW 2020 69 kW 2020 2020 2009 2020 2021 2018 246 kW 343 kW 220 kW * Preliminary values for example facilities based on staff and/orpe iNcIfoVMialyses. slide io of 17 - - - - - - 11010111 , 1� ar Energy Climate Impact System Size 191.3 1 MW Annual kilowatt-hours avoided 288,238 1,506,971 Metrics Tons of CO2 equivalent 204 1,068 Equivalent to greenhouse gas emissions from: Gasoline -powered cars driven for one year 44 230 Gallons of gasoline consumed 22,985 120,171 Pounds of coal burned 226,005 1,181,605 Homes' energy use for one year 25.7 135 Equivalent to carbon sequestered by: Tree seedlings grown for 10 years 3,378 17,659 Page 872 of 1018 Source: (,.',dctdMor � US FJ'A. Slide 11 of 17 Preventive Maintenance Proposal Annual Visit to Include: • Inverter Maintenance/Module Inspections • Check Irradiance and Module Temperature • Check Operating Voltage (AC and DC Voltage) and Current • Check Inverter status, Inspect inverter cabinet for damage and proper securement. • Check Filters and clean as needed. • Check inverter fans for dirt/dust build-up, clean and verify fans are operating properly. • Measure torque of all electrical connections, re -torque as needed. • Inspect all conduits for proper connections to supports, couplings and fittings. • Inspect all visible wire connections to ensure all are properly secured. • Inspect signs and labels and add or replace as needed. • Inspect all racking and attachment systems for loose or missing parts. Repair or replace as needed. • Visually inspect all PV Modules for physical damage and document conditions. • Confirm no water leakage to any component parts. • Remove and dispose of any debris covering the modules that may cause shading. Annual Maintenance: Year 1 — 3 Annual Maintenance: Year 4 + Hourly T&M Rate for Non -O&M Work (2 -Person Team) $2,000 (per year) TBD Page 873 of 1018 $165 17 Roof Warranty Assurance Guarantees & Warranty: • 25 -year limited guarantee on solar panels • 25 -year guarantee on rapid shutdown devices - 10 -year guarantee on inverters - 2 -year warranty on materials and labor M JohnsMarivMe JohinsManviffeCorporati n '10"1617 W U [,,A,,! (801271, '25001 LiCO 80'10l', 2 bN 303 "S 2.. 303I's M '2 1 - May 23, 2017 Advanced Roofing Inc. 1950 `4W 22nd SlIreet Fort Laucl-rdalle, Fl 333111 RE: Browand County — 64' St. Waleli To OV holm It May Conce m: This is to advise that Advances! Roofing Inc. of Fort Lauderdale and Tainipa listed are, led with Johns M ainviillie asa No Dolliar Iiii-nih Approved Builit-Up, Modified Biturnen and Single, P Y Roofing Systems Zonl1ra C.Ir As such Advanced Roofing Inc inlay purchase and iinsIIalll Johns, Mi M nanville odified Biturnein and Siriigle Fly produclis, roof InVIllation and accessories, inducling expansion loinlis covers. When such iinstalladfoins are applied on projects in accordance whin t1he appropriate Johns, Manville specificaliloin, our reqUireinients of the guarantee are nriet, and the insliallatoin has lbeen inspected and approved lby a John, Manville Roofing Systems, Representative, such installations will The eligible for i of our No Dollar Linut P -alk Advantage Roofing System GILIaraintee for Budi Modified Biturnein and Single Ply roof systerns. Acvaincecl Roofing e is also approved to follow Johns Manville Guidlines for Photovoltaic installations en the scope of warik is complIeted (Pay Advance Roofing for line Photovoltaic iinsIIillafloin, our guarantee oin the roofing syIIern will be Intact Thank your for your use of our roofing piroduclis and services lit you should have any races inns, please do not hesi4ate to contact the undersigned. Sincerely, Page 874 oaf 1018 Solar Financing Options Owner Direct Purchase: full tax credit, quickest ROI for taxable entities 4 Best financial option since passage of Inflation Reduction Act • Equipment Lease: monthly payments, full ownership after 7-10 years • Power Purchase Agreement (PPA): customer hosts system and buys power from 3rd party; proliNted hi Florida • Energy Services Agreement (ESA): equipment is installed, owned and operated by vendor; customer pays fixed monthly payment Page 875 of 1018 Slide 14 of 17 Grants and Incentives CDBG Annual Action Plan Fiscal Year (FY) 2021 $255,616 for Hester Center rooftop solar - approved by Commission 8/16/22 • Energy Efficiency & Conservation Block Grant (EECBG) $151,591 City of Boynton Beach estimated allocation • ARPA funds (solar is an allowable use) Future grant programs for renewable energy Inflation Reduction Act of 2022 - signed by President Biden 8/16/22 30% Investment Tax Credit for solar systems < 1 MW 0 Added credits for domestic production and environmental justice • Direct payment to tax exempt organizations (e.g., municipalities) • Hester Center proposal — reduces payback period OgAr$,s slue 15 of 17 Questions Rebecca Harvey Sustainability & Resilience Administrator (561) 742-6494 GoGreenBoynton.com Page 877 of 1018 Slide 16 of 17 AM, Its/ Page 877 of 1018 Slide 16 of 17 r r � r m, V 11 7 e, Advanced Roofing, Inc. and Advanced Green Technologies are pleased to submit the following information for your consideration regarding the contractor selection on your solar photovoltaic project. As one of the largest commercial solar energy Engineering, Procure- ment, and Construction (EPC) Firms and Roofing Contractors in the United States, the opportunity to work with your organizations on this project is incredibly exciting for everyone on our team. We have completed more than 500 successful DESIGN -BUILD solar installations throughout the globe totaling over 350 megawatts of clean energy. Finished projects include Florida's largest privately owned, non-utility and non-governmental solar array for the Lockheed Martin Corporation, along with installations in the Northeast United States for organizations such as Toys R Us and Konica Minolta. Our world-class team consists of diverse backgrounds in General Con- struction, Electrical and Structural Engineering, Metal Fabrication, and Commercial Roofing to ensure we exceed the highest design, installa- tion, and safety standards on your project. We look forward to discussing this project with you in more detail. Should you require any further information or clarification, please do not hesitate to contact me directly, at 954-522-6868 ext. 1060. Sincerely, Clinton A. Sockman Vice President Page 880 of 1018 Advanced Green Technologies 1950 NW 22nd St. Fort Lauderdale, FL 33311 www.agt.com Corporation Fed ID Number -59-2360591 Type of business: Private S -Corporation State of incorporation: Florida Date of incorporation: October, 1983 Safety — Interstate EIVIR 2021: 0.59 Solar Contractor- License #CVC -56792 NABCEP #PV -101913-002781 Electrical Contractor- License #EC13006050 General Contractor- License #CGC-1521128 Roofing Contractor- License #CCCO24413 Mechanical Contractor- License #CAC1818806 BB&T 110 E Broward Blvd., 21st Floor Fort Lauderdale, Florida 33301 The Guarantee Company of North America, USA Surety Agent: William Griffin 900 S. Pine Island Rd., Suite 210, Plantation, FL 33324 Capacity: 150MM Rooftop; 1BB Ground -mount Frank H Furman, Inc. 1314 East Atlantic Blvd. Pompano Beach, FL 33060 Gen Lib: $2MM aggregate age 1 of . Page 881 of 1018 ,, � iii � D .�,. "Ou wo-, 7=1111:113 I I The Advanced Family of Companies was founded in 1983 and built from the ground up on our guiding principle of "Commited to Quality" and by doing what we say we are going to do every time, with no exceptions. Today we are a diversified specialty construction company with between $90 and $100 million dollars and primarily engaged in Governmental/Industrial Solar, Roofing, Electrical and HVAC businesses. annual revenues the Commercial/ Headquartered in Fort Lauderdale, we have offices throughout the State of Florida and Northeast United States that enable us to provide our services nation-wide at a competitive cost structure. Our company has a strong belief that the best way to control the construction schedule and cost overruns is to self -perform the scope of work and own the required equipment as much as possible. As a result, we have the following in-house divisions to help us streamline your project: roll -off clumpsters, tower crane, strike and rigging, sheet metal fabrication, mechanical, electrical, fleet of telescoping and scissor lifts. We are fully prepared to mobilize all of our equipment to hold the construction schedule as required or to make up for lost time due to unexpected weather delays. Our team uses cutting-edge project management software including Microsoft CRM, Spitfire, Microsoft Dynamics, and our proprietary solar asset management software, Advanced Access. All of our platforms are cloud -based, giving our clients project and construction management staff worldwide access to all project data at a moment's notice through traditional and mobile devices. ZMEBU=- We work with many large and boutique finance firms to bring the best solution for your solar energy project including Power Purchase Agreements (PPA), leasing options, PACE Financing, and SREC broker -age. Our project management team has many years of experience in grant/incentive research, applica-tion submissions, as well as, assistance with all essential paperwork for your solar array installation. These value added services are provided at no expense to our customers. a g e 6 or 18 Page 883 of 1018 Advanced Green Technologies 64 ffvw� I At Advanced Green Technologies, solar energy is our business. That's why we are committed to the precision and quality of every indo||o6on we perform. We can offer you o brood range of solar energy services and solutions tofit your needs, and weare certified b«every major solar manufacturer toinstall the highest quality systems with the best warranties. Once you begin o project with us, the work will continue along o path toyour complete satisfaction. First, your needs are assessed, and o plan is developed todetermine the necessary course ofaction and best practices. Then we will select the best products, followed by establishing o timeline of your project. At regular stages along the way, you are updated on the project and supplied with appropriate reports and photographs. Our proven workflow ensures communication and clarity with all parties involved. Our goal is to make the process of installing solar easy and koo|e free for you. Our experience continually improves from feasibility studies and product procurement toconstruction and project commissioning. See our process mop below to understand how vve perform o project from start tofinish. Advanced Green Technologies (AGT) is pleased to submit the following proposal for your consideration of the above -referenced premises as follows. We agree to provide all labor, material, tools, equipment and proper insurance with an excess liability of twelve (12) million dollars. To: Rebecca Harvey City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33435 (561) 742-6494 Date: July 15th, 2022 Job Name: Boynton Beach — Ezell Hester Community Center Address: 1901 N. Seacrest Blvd. Boynton Beach, FL 33435 Reference: Rooftop Solar Proposal WORK SCOPE PREPARATORY WORK 1. Design photovoltaic system in accordance with manufacturer's specifications. 2. Provide string sizing, structural engineering, electrical engineering, and roof layout required for permitting. 3. Prepare existing roof surface to receive solar system and coordinate all warranty requirements with roofing manufacturer. 4. Secure and pay for all necessary local permits and approvals. 5. Secure and pay for all required Utility Net Metering and Interconnection agreements. 6. Provide and Install Roofing manufacturers flashing system at all required penetrations to ensure warranty continuation. DCE ECO -TOP HYBRID BALLAST / ATTACHED PHOTOVOLTAIC RACKING SYSTEM OR EQUIVALENT Furnish and Install DCE Eco -Top racking system ballasted and mechanically attached to the existing roof structure. Attachment of racking system to be engineered in accordance with local wind speed calculations in accordance with ASCE-16 guidelines, and local building code. ANKO EAGLE G2 - 41OW PHOTOVOLTAIC MODULES OR EQUIVALENT Furnish & Install (247) Jinko JKM410-72HL-V 410 -watt solar modules. A total of 101,270 W -DC to be installed. TIGO TS4-A-F MODULE LEVEL RAPID SHUTDOWN DEVICES Furnish and Install (247) Tigo TS4-A-F rapid shutdown devices per final designs. CHINT POWER SYSTEMS SCA36KTL INVERTERS OR EQUIVALENT Furnish and Install (2) CPS SCA36KTL inverters per final designs. agcy ()�, 4�3 Page 886 of 1018 AGT Project ACCESSORIES 1. Furnish and install all wiring needed for installation. Exposed wiring will be housed in wire management system and outdoor UV rated. 2. Furnish and install all DC / AC disconnects as required by engineering to be installed per wiring schematic. 3. Furnish and install all required switchgear / boards as required the power distribution system. 4. Provide all wiring to Owner provided data lines for full Chint data monitoring system. Data lines are to be provided by owner at final location of inverters. GUARANTEE Twenty -Five (25) year limited guarantee on power output modules from Jinko or Equivalent. GUARANTEE Twenty -Five (25) year guarantee on rapid shutdown devices from Tigo or Equivalent. M IARANTFF Ten (10) year guarantee on inverters from Chint or Equivalent. WARRANTV Two (2) year warranty on materials and labor from ARI Insurance, Inc. QUOTATION FOR THE SUM OF: ...................................................................................................................... $255,616.00 (Two Hundred Fifty -Five Thousand Six Hundred Sixteen Dollars) CLARIFICATIONS & EXCLUSIONS • Excludes sales tax • Excludes lightening protection • Excludes BAA/TAA compliance • Excludes Davis Bacon • No fire protection included • Payment & Performance bond excluded • FM Global requirements are excluded • Excludes module level optimization y .10 (A: 44.3 Page 887 of 1018 AGT Project Due to long lead time for material deliveries and extreme volatility in material prices, Contractor cannot guarantee the price of materials necessary for the completion of the Work. If, subsequent to the execution of this Agreement, there are any unavoidable casualties, material shortages, manufacturer or supplier mandated upcharges on materials, or any other events beyond Contractor's control that cause an increase in the price of the materials used in the performance of the Work, which include but is not limited to, steel, aluminum, cooper, steel -related products, or inverters or other electrical components, the Contract Sum shall be equitably adjusted to account for those unforeseen costs. Owner/Customer acknowledges and agrees that this is a design -build contract and that the estimate of the cost of the Work is predicated on a schematic design. Accordingly, the quoted price for the cost of labor and material may change as the design is finalized. Further, In an effort to mitigate future price escalations, Contractor shall require, and Owner/Customer agrees to pay, a deposit of twenty-five percent (25%) of the Contract Sum within ten (10) days of execution of this Agreement. Contractor acknowledges and agrees that the deposit shall be used exclusively for the purchase of modules that are anticipated to be used for the Work. Payment Terms: A. 25% deposit due within ten (10) days of execution of contract; B. Monthly progress payments per AIA 702 and 703 Schedule of Values; C. 10% retainage to be paid upon delivery of permit final, warranties, and Final Releases of Lien. FINANCIAL MODELING All financial modeling is for illustrative purposes only. AGT recommends consulting your tax attorney/advisor. Please review inputs closely for accuracy. If project specific corporate tax rate, utility billing details, and utility escalation rates were not provided; assumptions were likely made in the preparation of your proposal. Contact your sales representative to discuss the inputs required to prepare the most accurate financial model for your situation. It is also advisable that you review these assumptions when evaluating each bid received if project specific inputs were not provided to all bidders. This quote is based on preliminary electrical design, if however final electrical design differs in installed wattage due to site or module size availability, the difference will be calculated at a per watt price. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. s Authorized Signature: 1V� Matt Jeffries, Director of Sales & Strategic Accounts NOTE: This proposal may be withdrawn by us if not accepted within Seven (7) days. Owner is responsible for asbestos testing and related cost to remove. U �p Acceptance of Proposal The undersigned as (check one) .Owner Authorized agent of Owner hereby accepts and agrees to the prices, specifications and conditions indicated above and on the reverse side of this contract. Accepted: ............................................................................. Signature:................................................................................................ Date: ...................................................................................... Signature:................................................................................................ *Terms & Conditions on last page(s) apply. State License: CV -C56792 y .I .I (�, 4E3 Page 888 of 1018 PM P T • O • Advanced Green Technologies (AGT) is pleased to submit the following proposal for your consideration of the above -referenced premises as follows. We agree to provide all labor, material, tools, equipment and proper insurance with an excess liability of twelve (12) million dollars. To: Rebecca Harvey City of Boynton Beach 100 E. Ocean Ave. Boynton Beach, FL 33435 (561) 742-6494 Date: July 15th, 2022 Job Name: Boynton Beach — Ezell Hester Community Center Address: 1901 N. Seacrest Blvd. Boynton Beach, FL 33435 Reference: Preventive Maintenance Proposal DESCRIPTION OF ISSUE We are pleased to submit the following two-year maintenance proposal (once a year visits) for your consideration on the above referenced location asfollows: SCOPE OF WORK Inverter Maintenance/Module Inspections: • Check Irradiance and Module Temperature • Check Operating Voltage (AC and DC Voltage) and Current • Check Inverter status, Inspect inverter cabinet for damage and proper securement. • Check Filters and clean as needed. • Check inverter fans for dirt/dust build-up, clean and verify fans are operating properly. • Measure torque of all electrical connections, re -torque as needed. • Inspect all conduits for proper connections to supports, couplings and fittings. • Inspect all visible wire connections to ensure all are properly secured. • Inspect signs and labels and add or replace as needed. • Inspect all racking and attachment systems for loose or missing parts. Repair or replace as needed. • Visually inspect all PV Modules for physical damage and document conditions. • Confirm no water leakage to any component parts. • Remove and dispose of any debris covering the modules that may cause shading. • *A complete documented report will be provided to the client digitally. EXCLUSIONS This is a maintenance proposal only and does not cover labor or parts associated with potential repairs not covered under warranty. Work is based only on Scope of Work listed above, any other issues or problems will be identified and the responsible party notified. AGT will make necessary repairs as required after advising the Client of recommended repairs, providing a proposal, and executing scope of work once proposal is approved. y .12 (i:4�3 Page 889 of 1018 AGT Project Proposal Established warranty as stated in original contract agreement. QUOTATION Inverter Maintenance/Module Inspections: FOR THE SUM OF: ............................................................................................................................$800.00 (Eight Hundred Dollars) QUOTATION Communications and Annual Reporting: FOR THE SUM OF: .........................................................................................................................$1,200.00 (One Thousand Two Hundred Dollars) ANNUAL MAINTENANCE SCHEDULE COSTS Annual Maintenance: Year 1 - 3 $2,000.00 (per year) Annual Maintenance: Year 4 - 6 TBD Annual Maintenance: Year 7 - 9 TBD Hourly T&M Rate for Non -O&M Work (2 -Man Team) $165.00 "Travel charges are billed portal to portal at the hourly rate" All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order and will become an extra charge over and above the estimate. All agreements continent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. This quote is based on preliminary electrical design, if however final electrical design differs in installed wattage due to site or module size availability, the difference will be calculated at a per watt price. All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration or deviation from above specifications involving extra costs will be executed only upon written order and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents, or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Authorized Signature: Matt Jeffries, Director of Sales & Strategic Accounts NOTE: This proposal may be withdrawn by us if not accepted within Thirty (30) days. Owner is responsible for asbestos testing and related cost to remove. ��--�pp Acceptance of Proposal The undersigned as (check one) El �—p Owner Authorized agent of Owner hereby accepts and agrees to the prices, specifications and conditions indicated above and on the reverse side of this contract. Accepted: ............................................................................. Signature:................................................................................................ Date: ...................................................................................... Signature:................................................................................................ *Terms & Conditions on last page(s) apply. State License: CV -C56792 y .13 (�:4�3 Page 890 of 1018 Annual 152.6 MWh Production Performance 80.2* Ratio kWh/kWp 1,507.0 Weather Dataset TMY, 10km Grid (26.55,-80.05), NREL (prospector) Simulator Version 22011 a4168-f91438f192-36b173d111- 1633e1c59d HEl Monthly Production Sources of System Loss 27k AC System: 1.61% \ / Shading: 1.2% Inverters: 2.5% \ \ I Reflection: 3.1% 7 51k Clipping: 1.7% /j. .v �awmi ow Soiling: 2.0% Wiring: 0.4% ^' Irradiance: 0.5% 51k Mismatch: 3.5% Temperature: 5.2% .Ian F eb Mar Afar May Jun 'Id Aug Sep C)ct: NO" Dec t Annual Production Temperature Metrics Simulation Metrics Avg. Operating Ambient Temp 25.1 °C Avg. Operating Cell Temp 33.9 °C Operating Hours 4677 Solved Hours 4677 Condition Set Description Description Output % Delta TMY, 10km Grid (26.55,-80.05), Annual Global Horizontal Irradiance 1,835.8 Meteo Lat/Lng POA Irradiance 1,878.0 2.3% Irradiance Shaded Irradiance 1,855.1 -1.2%0 (kWh/M2) Irradiance after Reflection 1,796.7 -3.1% Irradiance after Soiling 1,760.7 -2.0% Total Collector Irradiance 1,760.8 0.0% J F M A M Nameplate 178,345.8 Output at Irradiance Levels 177,423.3 -0.5% Irradiation Variance Output at Cell Temperature Derate 168,189.4 -5.2% Energy Output After Mismatch 162,323.5 -3.51/o (kWh) Optimal DC Output 161,729.4 -0.4% Constrained DC Output 158,983.6 -1.7% Inverter Output 155,027.1 -2.514 Folsom Spec Sheet Energy to Grid 152,611.2 -1.60A Temperature Metrics Simulation Metrics Avg. Operating Ambient Temp 25.1 °C Avg. Operating Cell Temp 33.9 °C Operating Hours 4677 Solved Hours 4677 Condition Set Description Condition Set 1 Weather Dataset TMY, 10km Grid (26.55,-80.05), NREL (prospector) Solar Angle Location Meteo Lat/Lng Transposition Model Perez Model Temperature Model Sandia Model Rack Type a 6 Temperature Delta Temperature Model Parameters Fixed Tilt -3.56 -0.075 3°C Flush Mount -2.81 -0.0455 0°C J F M A M I J A S O N D Soiling (%) 2 2 2 2 2 2 2 2 2 2 2 2 Irradiation Variance 5% Cell Temperature Spread 4° C Module Binning Range -2.5% to 2.5% AC System Derate 0.50°/a Module Uploaded Characterization Module By Characterizations JKM410M-72HL-V(2021) Folsom Spec Sheet ainko Solar) Labs Characterization, PAN Component Device Uploaded By Characterization Characterizations CPS SCA 36KTL-DO (US) (Chint) Folsom Labs Manufacturer Q ComponerAs spa Wiring Zones Component Name Inverters CPS SCA 36KTL-DO (US) (Chint) AC Panels 2 input AC Panel AC Home 12 14-18 14 AWG (Copper) Runs ""' Field Segments Home Runs 2/0 AWG (Aluminum) Combiners 3 input Combiner Combiners 4 input Combiner Strings 10 AWG (Copper) Module Jinko Solar, JKM410M-72HL-V (2021) (410W) Count 2 (72.0 kW) 1 3 (147.7 ft) 4 (617.5 ft) 1 3 15 (1,41 S.1 ft) 247 (101.3 kW) Description Combiner Poles String Size Stringing Strategy Wiring Zone 12 14-18 Along Racking ""' Field Segments Description Racking Orientation Tilt Azimuth Intrarow Spacing Frame Size Frames Modules Power Field Segment 1 Fixed Tilt Landscape (Horizontal) 5° 221.16103° 0.5 ft 1x1 186 181 74.2 kW Field Segment 2 Fixed Tilt Landscape (Horizontal) 5° 221.16103° 0.5 ft 1x1 40 28 11.5 kW Field Segment 3 Fixed Tilt Landscape (Horizontal) So 176.58640 0.5 ft 1x1 47 38 15.6 kW Advanced Roofing, Inc. and Advanced Green Technologies are pleased to submit the following information for your consideration regarding the contractor selection on your solar photovoltaic project. The Advanced Family of Companies was founded in 1983 and built from the ground up on our guiding principle of "Commited to Quality" and by doing what we say we are going to do every time, with no exceptions. Today we are a diversified specialty construction company with annual revenues between $80 and $100 million dollars and primarily engaged in the Commercial/Governmental/ Industrial Solar, Roofing, and HVAC businesses. Headquartered in Fort Lauderdale, we have offices throughout the State of Florida, Northeast United States, and Toronto Canada that enable us to provide our services nation-wide at a competitive cost structure. Hester Community Center Prepared For 8/4/2022 City of Boynton Beach (561)742-6494 harveyr@bbfl.us Page 893 of 1018 Table of Contents 1 Project Summary------------------------------------------------------------------------------------- 3 2 Project Details---------------------------------------------------------------------------------------- 4 2.1 Meter #1------------------------------------------------------------------------------------------ 4 2.1.1 PV System Details--------------------------------------------------------------------------• 4 2.1.2 Rebates and Incentives--------------------------------------------------------------------- 5 2.1.3 Utility Rates---------------------------------------------------------------------------------- 6 2.1.4 Current Electric Bill------------------------------------------------------------------------- 6 2.1.5 New Electric Bill----------------------------------------------------------------------------- 7 3 Cash Flow Analysis----------------------------------------------------------------------------------- 8 3.1 Cash Purchase------------------------------------------------------------------------------------- 8 3.2 Collective Sun Financing-------------------------------------------------------------------------- 9 Prepared By: Clinton Sockman P: (561) 519-9847, E: clints@agt.com y .1.7 of 4; .3 Page 894 of 1018 1 Project Summary Payment Options IRR - Term LCOE PV Generation Net Present Value Payback Period Total Payments Total Incentives Net Payments Electric Bill Savings - Term Blended Electricity Cost per kWh Energy Cost Escalation Rate Upfront Payment Combined Solar PV Rating Power Rating: 101,270W -DC Power Rating: 86,394 W-AC-CEC $500,000 $400,000 Ln U� 0 V $300,000 v H H v $200,000 P V $100,000 $0 Year 0 Cash Purchase Collective Sun Financing 4.4% 5.4% $0.074 /kWh $0.065 /kWh ($17,377) $11,836 16.2 Years 14.6 Years $255,616 $224,942 $0 $0 $255,616 $224,942 $456,016 $456,016 $0.106 /kWh - 4.0% - $255,616 $255,616 O. i. Year Year Year Year 12 Year 15 Year 18 Year 21 Year 24 ■ Avoided Utility Cost Cash Purchase Collective Sun Financing Prepared By: Clinton Sockman P: (561) 519-9847, E: clints@agt.com I E3 of 4E3 Page 895 of 1018 2.1.1 PV System Details General Information Facility: Meter#1 Address: 1901 N Seacrest Blvd Boynton Beach FL 33435 Solar PV Equipment Description Solar Panels: (247)Jinko SolarJKM410M-72HL-V (2021) Inverters: (2) Chint CPS SCA 36K -FL -DO (US) Solar PV Equipment Typical Lifespan Solar Panels: Greater than 30 Years Inverters: 15 Years Solar PV System Cost and Incentives Solar PV System Cost $255,616 Net Solar PV System Cost $255,616 60,000 0-0>, 40,000 v w 20,000 0 Solar PV System Rating Power Rating: 101,270W -DC Power Rating: 86,394 W-AC-CEC Energy Consumption Mix Annual Energy Use: 526,920 kWh ■ Utility 374,307 kWh (71.04%) Solar PV 152,613 kWh (28.96%) Monthly Energy Use vs Solar Generation Energy Use (kWh) Solar Generation (kWh) Prepared By: Clinton Sockman P: (561) 519-9847, E: clints@agt.com y .19 (A: 4�3 Page 896 of 1018 2.1.2 Rebates and Incentives This section summarizes all incentives available forth is project. The actual rebate and incentive amounts forth is project are shown in each example. Prepared By: Clinton Sockman P: (561) 519-9847, E: clints@agt.com agcy 0 ()�, 4E3 Page 897 of 1018 2.1.3 Utility Rates The table below shows the rates associate with your current utility rate schedule (GSD -1). Your estimated electric bills after solar are shown on the following page. Customer Charges Energy Charges Demand Charges Charge Charge Rate Charge Rate Season Rate Type GSD -1 Season Other GSD -1 Season GSD -1 Type Type Type Type Type S Flat Rate per billing period $28.17 S Flat Rate Import $0.06435 S Flat Rate Import $13.15 W Flat Rate per billing period $28.17 W Flat Rate Import $0.06435 W Flat Rate Import $13.15 2.1.4 Current Electric Bi The table below shows your annual electricity costs based on the most current utility rates and your previous 12 months of electrical usage. Rate Schedule: FPL - GSD -1 Time Periods Energy Use (kWh) Max Demand (kW) Charges Bill Ranges & Seasons Total NC / Max Other Energy Demand Total 1/1 /2022 - 2/1/2022 W 30,000 96 $28 $2,091 $1,262 $3,381 2/1/2022 - 3/1/2022 W 34,200 104 $28 $2,383 $1,368 $3,779 3/1/2022 - 4/1/2022 W 39,000 109 $28 $2,718 $1,433 $4,179 4/1/2022-5/1/20225 37,920 114 $28 $2,643 $1,499 $4,170 5/1/2022-6/1/20225 56,280 137 $28 $3,922 $1,802 $5,752 6/1/2022-7/1/20225 64,200 139 $28 $4,474 $1,828 $6,330 7/1/2021 -8/1/2021 S 51,000 130 $28 $3,554 $1,710 $5,292 8/1/2021 -9/1/2021 S 58,200 140 $28 $4,056 $1,841 $5,925 9/1/2021 -10/1/2021 S 46,560 120 $28 $3,245 $1,578 $4,851 10/1/2021 -11/1/2021 S 42,000 118 $28 $2,927 $1,552 $4,507 11/1/2021 -12/1/2021 W 33,960 102 $28 $2,367 $1,341 $3,736 12/1/2021-1/1/2022W 33,600 103 $28 $2,342 $1,354 $3,724 Total 526,920 - $338 $36,721 $18,568 $55,627 Prepared By: Clinton Sockman P: (561) 519-9847, E: clints@agt.com y 21 (A: 4E3 Page 898 of 1018 2.1.5 New Electric Bill Rate Schedule: FPL - GSD -1 Time Periods Energy Use (kWh) Max Demand (kW) Charges Bill Ranges & Seasons Total NC / Max Other Energy Demand Total 1/1 /2022 - 2/l/2022 W 19,820 92 $28 $1,381 $1,210 $2,619 2/l/2022 - 3/l/2022 W 24,234 90 $28 $1,689 $1,184 $2,901 3/l/2022 - 4/l/2022 W 24,482 89 $28 $1,706 $1,170 $2,905 4/1/2022-5/1/20225 22,084 93 $28 $1,539 $1,223 $2,790 5/1/2022-6/1/20225 40,668 126 $28 $2,834 $1,657 $4,519 6/l/2022 - 7/l/2022 S 50,424 134 $28 $3,514 $1,762 $5,304 7/1/2021 -8/1/2021 S 36,006 115 $28 $2,509 $1,512 $4,050 8/1/2021 -9/1/2021 S 43,661 127 $28 $3,043 $1,670 $4,741 9/1/2021 -10/1/2021 S 34,278 111 $28 $2,389 $1,460 $3,877 10/1/2021 -11/1/2021 S 29,590 101 $28 $2,062 $1,328 $3,418 11/1/2021 -12/1/2021 W 24,193 102 $28 $1,686 $1,341 $3,055 12/1/2021-1/1/2022W 24,870 103 $28 $1,733 $1,354 $3,116 Total 374,310 - $338 $26,086 $16,871 $43,295 Annual Electricity Savings: $12,332 Prepared By: Clinton Sockman P: (561) 519-9847, E: clints@agt.com agcy 22 of 4�3 Page 899 of 1018 3.1 Cash Purchase Assumptions and Key Financial Metrics IRR - 10 Year i llfi1 IRR - 20 Year 2.5% IRR - Term 4.4% Net Present Value Payback Period 16.2 Years ROI 78.4% PV Degradation Rate 0.80% Discount Rate 5.0% Energy Cost Escalation Rate 4.0% Federal Income Tax Rate 0.0% State Income Tax Rate 0.0% Total Project Costs $255,616 Years Project Costs Electric Bill Savings Total Cash Flow Cumulative Cash Flow Upfront h , I6 - $?5!::, 6I6 $ „a; , I6 1 $12,332 $12,332 h d,!3, M1'd 2 $12,722 $12,722 $ 30," r,..?. 3 $13,125 $13,125 h'1; "4,3 " 4 $13,539 $13,539 h '013, ^1')`) 5 $13,965 $13,965 h 6 $14,403 $14,403 h 7 $14,855 $14,855 8 $15,319 $15,319 9 $15,797 $15,797 1: C 60 10 $16,288 $16,288 11 $16,794 $16,794 h'"aui7, d R 12 $17,314 $17,314 13 $17,848 $17,848 $6 „31 " 14 $18,398 $18,398 $4,2,1) 15 $18,963 $18,963 w(' 3,!')a56 16 $19,544 $19,544 $ 4,4 ?. 17 $20,141 $20,141 $15,728 18 $20,754 $20,754 $36,482 19 $21,384 $21,384 $57,867 20 $22,032 $22,032 $79,899 21 $22,697 $22,697 $102,596 22 $23,380 $23,380 $125,976 23 $24,082 $24,082 $150,058 24 $24,802 $24,802 $174,859 25 $25,541 $25,541 $200,400 Totals: $ 5!::, 6 6 $456,016 $200,400 - Prepared By: Clinton Sockman P: (561) 519-9847, E: clints@agt.com y23 of 4E.3 Page 900 of 1018 3.2 Collective Sun Financing Assumptions and Key Financial Metrics IRR - Term 5.4% Net Present Value $11,836 Payback Period 14.6 Years ROI 90.4% PV Degradation Rate 0.80% Discount Rate 5.0% Energy Cost Escalation Rate 4.0% Federal Income Tax Rate 0.0% State Income Tax Rate 0.0% Total Project Costs $255,616 Years Collective Sun Collective Sun Electric Bill Savings Total Cash Flow Cumulative Cash Flow Upfront $ "5!::,,;'I6 - - $ 5!::, 6 I6 $ ?;a , I6 1 $30,674 $12,332 $43,006 $ ? I ',610 2 - $12,722 $12,722 '(1' 3 $13,125 $13,125 '(1 4 $13,539 $13,539 '(1 5 $13,965 $13,965 '("I" a,', 0 6 $14,403 $14,403 '(1 4,4 1" " 7 $14,855 $14,855 '(1 "o oo'?. 8 $15,319 $15,319 9 $15,797 $15,797 c( 1(` 10 $16,288 $16,288 "(", ,""a4;µ1 11 $16,794 $16,794 $6!:,R04 12 $17,314 $17,314 $ l 8,41)1 13 $17,848 $17,848 $ 0, l.3 14 $18,398 $18,398 $ 15 $18,963 $18,963 $6,718 16 $19,544 $19,544 $26,262 17 $20,141 $20,141 $46,402 18 $20,754 $20,754 $67,156 19 $21,384 $21,384 $88,541 20 $22,032 $22,032 $110,573 21 $22,697 $22,697 $133,270 22 $23,380 $23,380 $156,650 23 $24,082 $24,082 $180,732 24 $24,802 $24,802 $205,533 25 - $25,541 $25,541 $231,074 Totals: h 5!::, 6 6 $30,674 $456,016 $231,074 - Prepared By: Clinton Sockman P: (561) 519-9847, E: clints@agt.com y 4 of 4E.3 Page 901 of 1018 3 Sevatinrig t f i e FL111,11iry foir, Solair, w S 0 J By DaeMykr Man Enogy Page 25 (A 03 Page 902 of 1018 °1�C° IIIls7n e ��I uu�' Our 1�C a lulu r. lilla, u, a �` u, lulu y r , lile°Inc°��I"" lile,7nc°��I a ,°° pu 11 ��n�; lila Flu ; lill7nl lill7nc°��I�; Illy , Flo lill7nl ; ��n ��n , bibIIIIin a IIIIiA s yst "' Illi 7nrld"' s it Illiin fast a IIIIiA easy. I�...he Imost effective Mre support 2 se avaiLabLe h Irntegr ed ((,.J l_. � � rn2 red) g rn L Irn d i In d rr ModLlktiftirn g for ease of Imaintenance rr Lowest ust Ss ren lmrig h rr I ast to install Irn egrall Mrl (Jefilecll :nlr rrnli nlirrnnzes syslrerrnIloa (�fi n alranrl also II l nc.l..no ns as a ba lla sl tray, pronQfi ng a Iocal..nor.n I,o planar IbarIlllansl Ii n l:Ihe array, All II corrnlpo nrrrn s are r:o np tIrUcler1 firorrn g11115 allrranrrnnzer.l slp e rll, a (Rfilio nanrllllya entire an"wserrnblly has been ran r"rl as Class A fire ral,e(l Irby UL for filar safely, D Serrated flange heads r' braflcarr res�starrr:e and �rrtegra1, grraurrd�n and Ikµ ond�n a [l nuts are wax coated to e1irrn�rra to� a:�1.�.�rr f:: Urdble Irecyrllrrr:I Irdblber Ibannlllla sl Iran (Is Iplror kle an safe moUnling pnpUrfanrrr wklh a INgh rr effide nl of fidd:6o n, FlNs reppUIIS nn IrrrrJUrrrr.I sysllerrn Iloannr. s, whnllrr Iprolreclnrn all e(r1 nnprrne nl Irby rr*nnrnnAng rrbIrarl.no n, In rrnosl cases l.Ihe rdblber Iona (l ehrrn6 na lres l:Ihe rnee(l fc)r an pnplhp pphrrrrl:W r I er:ycl,ed Rubber (IC...JEEICm credts) age. 26 of 4E3 Page 903 of 1018 A- fil -1 1 11111111% fil -1 cerlified 11, 'Is Ug be Ash dlhIPS, 3r IpaIraneII Irted Wi itegrare Si,,ipport Flexble, UV prol�ecl�e(l Ore SUpporl: provkle(l on every panel, Ores can be easHy acicle(l before or aft�er Ipalrnel asserribly, IN Modi,,Ae Tilltili�lg cl) rin t )vl � e vl, MO(Idles can (JOckly an(I secUrely Ibe lill�ecj k)r ease of Mdng an(I Irnanlenalrnce, IMOK IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII S bill 0 IIL... A Elow"Aling the F"uturc for Sol�,n, I lay 'D4Mtwytei, ("'Jeal"i Eiriem'ft;y 3 3420 Reese Blvd. West II Iluuntera,ville, NC 28078, USA iirelephq)iine 704-659-7474 Fax704-875-0781 wwwX)CEsq)Iairmcq)imi 2E3 ref:4E3 Page 905 of 1018 IHtI'R� iEPENnAE 390 410 wkr,r * III A III IIF C IIE III 111 11II IIR IIE III C 114 0 111") U III IIE Posifive power toteirance of 0-+3% • NYSE-Usted since 2010, Fd ooirrilbeirg Tier 1 mainufactuireir • Best-seMing modul[e gl[olbal[l[y for l.ast 4 years • Top performance in the strictest 31rd party l[albs • 99.,9% on -flim .W deUveiry to the instal[l[eir • Autornated Iic.tu r-ing utillizing aii inteldligence • Veirtical[l[y integrated, tight controls oin qual.ity • Premium solar pain l[ factories in USA and Malaysia I�I III IIN A IN � IIP III IN � IN°° 11 IIR IIIA IIN C WA IN � IN�' A IN TY 25-Yeair Performance Warranty 100% 40% 20% 0% 5 IQ 15 20 25 Y." , Diarnond Half Cell fechnol[ogy World re(.:ord brealkim-) ef:fi(.:ienI: mono PFRC half: solar cells deliver high power in a small footprint. Designed for L.oing I.Jfe 10`0amuuvemn'm"0 Uses [lie same )i..jFlonl Drolectve film as [lie SIDa(.:e Station, Mars 1 --ander, and jet[iners. 25-y ar warranty. Shade Toueraint 1win array design al.[ows contini-jed performance UllKnowunmmN even wili shading by Irees or debris. Poweir Boost in Moudy Conditions I ............................ .. A special fitrn dises light, boosting performance JK1V4I AV Mill v ... ..................................... . ........... I I �,d . .......... I I ............ ....... � �,d . ......... G'�W7,wn even with shading by trees or debris. 1.1 ............. . T.,T55.7 .............. I I V I 1JJV LISTED M, CE I S 0 9 0 01 :2 0 0 8 Q Ij a 1. 1 ty S t a n d a r d s OHSAS18001 Occupational. IS014001:2004 EnvironmentaliStandards Health & Safety Standards EC61215, IEC61730 certified products Ul...'1703 certified products Protected Against AU Environments Cerlified to willisland hi-jimidily, heal, ram, mar me environments, wind, hailstorms, and packed snow. 0 B If i i D i IN G Y 0 If R '11" R U S"11" I IN S 0 1 P 1018 :::1age 29 of 4E3 E INLINE E N4""), D ["� A VVI N """), S Front S d e 1002.. (39.45 F A Back A, e n g t h: + 2 m m W d t h: 2 m m H e g h t: I m m Row P4ch: t 2mm MED]WM D-W'"<TE["lJSFTS Cells lAono PE RC Marnond Cell (158.75x158.75rnrnJ No. of Half Cells 144 ((6-24)Y 6 - 2 4) D i rn ern s i o n s 2008x1002x40rnrn (79.06x39.45x1.57H Weight 22.5kg (49.6lbs) Fr,ont Glass 3.2rnrn, Anfi-Refecfion Coafing s"r c Wgh "rr,ansrnssVon, Low Ir,on,, "rernper,ed Glass Fr-arTie Anodized AlurTlinUM Alloy JuncUon Box I P67 Rated Output Cables '12 AWG, '1400MIM (55.12in) Or- CUStOrTlized Length FVr,e "rype "rype I Pressure Rating 540OPa (Snow) & 240OPa (Wind) r IMP E ["� AT U ["4 � rerTIper-atur-e Coefficients of PrTiax -0.35%PC "rernper,atur,e Coefh6ents ofVoc -0.291%/'C rerTIper-atur-e Coefficients of Isc 0.048%/"C Norms naL Oper,afing Cell "rernper,atur,e (NOc"ri 45±-20C MAXIMUM ["lr AT I N Oper-ating rerTIper-atur-e ("C) AaxVrnurn Systema Voltage MaxiMIUM Series Fuse Rating PAD,,�A1`,')N)1 ("rwo pallets = One stack) 27pcs/pallet, 54pcs/stack, 594pcs/40'HQ Container - Module Type.. JK1,4390114-72HIL-V JK1,4395114-72HIL-V JK1,4400114-72HIL-V JK1,4405114-72HIL-V s"r c Noc"r s"r c Noc"r s"r c Noc"r s c"r Noc"r 1,4axirTlUrTl Power- (PrTiax) 390Wp 287Wp 395Wp 29'1Wp 40OWp 294Wp 405Wp 298Wp Aaxurnurn Power'VoRage (Vrnp) 39.64V 37.0V 39.90V 37.4V 40.16V 37.6V 40.42V 37.8V 1,4axirTlUrTl Power- Cur-r-ent (IMP) 9.84A 7.75A 9.90A 7.77A 9.96A 7.82A 10.02A 7.88A Open-cir,cuR Voltage (Voc) 48.6V 45.8V 48.8V 46.0V 49.1V 46.2V 49.4V 46.5V Shor-t-cir-cuit Current (lsc) '10.46A 8.45A '10.54A 3.51A 10.61A 8.57A 10.69A 8.63A Module Efficiencys"l-c (%j 19.381% 19.630% 19.8 8 0% 20.13% *51"Co Irradiance 100OW/rn' CeI.I.Ternperature 25'C AIM 1.15 N 0 CT:op, Irradiance 80OW/rn' Arnbient Ternperature 200C AIM 1.5 ""—)Wind Speed 11-n/s 'Power measurement tolerance:±3% The company reserves ves the final i iyht foo exp�anahon on any ofthe infoi inabon pt esented het eby. JKM390-410M-7,2HL.-V-A4-U5 B U I I D I IN G y 0 U R 11" R U S"11" 1111 S 01MR. :::1age 30 of 4E3 -40`C-,+85`C 1500VDC (UL and IEC) 20A J1 1'44'101'4 -72H1.. -V s c"r Noc"r 4'10Wp 302Wp 40.68V 38.0V 10.08A 7.94A 49.6V 46.7V 10.76A 8.69A 20.389% 0 R 1018 TS4-A-F II . M c) (1-`i t,,..,j II e A ,.` ,.` II °i ,. m „ ,.`iA,:`Ri.... The TS4-A-F (Fire Safety) is the advanced add-on rapid shutdown solution that brings smart module functionality to standard PV modules for higher reliability. Ensure safety by upgrading existing PV systems or by adding safety features to new installations. The TS4-A-F complies with NEC 690.12 Rapid Shutdown specifications when installed with the Tigo RSS Transmitter or an inverter with built-in Tigo certified transmitter. III it i dII l c f e d Ilh e C Ih` Uil e Enhanced safety for NEC 690.12 rapid shutdown compliance IIEc tsy III i� °Ih` III III ° °Ih` lilt�o,� ii�i� Snap to standard module frame or remove brackets for rack mounting Ilh11 11L,,C S iii g iirio c i III iii° iiri� g Control rapid shutdown with the Tigo RSS Transmitter A LIh°a�l iinc Ih` iii c S1lI LIh` CiOWni PV array enters rapid shutdown in event of AC grid loss y .1 (A: 4E3 Page 908 of 1018 TS4-A-F SPECIFICATIONS Operating Temperature Range Outdoor Rating Dimensions Weight -40°C to +85°C (-40°F to +185°F) IP68, NEMA 3R 138.4mm x 139.7mm x 22.9mm 490g Voltage Range 16 - 90V Maximum Current 15A Maximum Power 50OW Output Cable Length 1.2m (standard) Connectors MC4 (standard) Communication Type PLC Rapid Shutdown UL Listed Yes (NEC 2017 & 2020 690.12) Rapid shutdown activation of TS4-A-F requires RSS Transmitter. ORDERING INFORMATION 458-00252-32 1500V UL / 1000V TUV, 1.2m cable, MC4 458-00257-12 1000V UL / TUV, 1.2m cable, MC4 comparable 458-00261-32 1500V UL / TUV, 1.2m cable, EV02 I C I C X01. US Photovoltaic Rapid Shutdown System Equipment, QIJW LISTED E469960 Module frame specifications for mounting TS4-A ALUMINUMFRAME� w0000000000000000000000000000000000000000 min. 22mm FRAME THICKNESS RANGE 1.8mm - 3mm min. 30mm GLASS---`oo* For sales info: sales@tigoenergy.com or 1.408.402.0802 For product info: Visit tigoenergY.com/products For technical info: Visit support.tigoenergY.com For additional info and product selection assistance, use Tigo's online design tool at tigoenergy.com/design 1 !,14 A, -F Oir TS4 A-21,!� Connects to the junction box of each module to reduce the voltage to <IV when initiated. The TS4-A-2F serves 2 modules while the TS4-A-F serves 1. ME ��RSS An initiation device that sends a ign a S' S' via PLC to the TS4-A-F Simple and reliable Tigo TS4s only take 10 seconds to install per module and require no ground wire, bolts or screws. The TS4 family of solutions has delivered in the harshest climates from the North Pole to the South Pole. 111;11�11111111 1 11 ;i1aml • Tigo Enhanced inverters have integrated RSS transmitters and have completed UL PVRSS certification 0 They work seamlessly out of the box with Tigo TS4-A-F and TS4-A-2F Contact us rllmnt�Kt2 See the full list here: �py�[K Co: pyright � !!go: E.:reirgy 2021 T!7e 910 of CPS SCA30-36KTL-T/SA (208/220/240) Flhiree 1317ase string series inverters not only aire diversifiefd loi,oducts loro vidinf.] f.:)Iotioinal fDC switch, intef.1rated DC cornloinei, box, stainf.Jaird class 11 lif.319tining loirotectif.:)in, optional strinf..j detectinf.] looai,d, P.H.) lorf.:)tectioin module and GIFIRS/M l i/I:Etlhei, net/IRS485 wireless cornimunication, which f..-.ain match the requireirrients of diffei,ent custorneirs, lout also can s�.ilp lof.:)i,t 10% rated overload which can effidently decrease initial Investment of system. @20801021 ,losses, Flhiree lal7ase sviinfg 'inverters can 1,.)ilo vide 98.8% maxiiriurn efficiency, 98.4% E.'Airo efficiency, 99.5% IMIF'Flf efficiency, advancefd toloolof..1y fdesif..jin and international known device olotif.:)iris, which f.:ain guai,antee the joi,of[ts of the Whole I ife Cycle. a CIIIIIIIIIIIIINT POWER I 0 Flhiree johase string inverters can lom vide standard warranty for''. years, optional extended wain,anty for 10 yeairs and simairt oloeiraboin jolatfoirim, wl,iif..-.h f..-.aii efficiently fguairaintee the imainteinaince of the Whole I ife Cyf.de. Page 911 of 1018 IModel Narne Cl:::'S SCA ,,.mlK Fl T/SA Cl:::'S SCA,3,61K Fl T/SA DC Input IMax. I )C :::'ca mer 36kVV 42kVV IMax. l..)C Voltage 80OVdc 80OVdc Ml:::)Fa l Vc)ltage Lange 200-75OVdc IMI:::)I:::)f'Voltage IRange (IF:ull I oad) 300 . 68OVdc 300-68OVdc Start Vckage 25OVdc [Rated DC Voltage Numberof MPl`:yr/Max. Numberof DC Connection Sets 4/3 F3: 2-F2 4/3 F3 3 F3 IMax. I )C Current I 10A (33/33/22/22) 132A (33/33/33/33) DC', Disconnection FYIDe lntf..;gratf..;d Swildi AC Output 208Vac 2 7.5 1,6AI 208Vac 32.51<W [Rated AC F:Iovver 220Vac 29kW 220Vac 34.5kW 240Vac 3 1. 5'lkW 240Vac 37.51<W IMax. AC Flcmivf.::r 331,,VA 401,,VA Rated AC Voltage 208V/22OV/240Vac AC Voltage Range* 150V .30OVac(ad.jUStalDlf..0 Grid Connection FylDe 30 /114(Olption) IMax. AC Cunrf.::nt 813A 92A Rated F::i-equency 501 Iz/601 iz Grid ::::requf..Nnr.yRangf..* 451 Iz .551 Iz/55'11 Iz .651 Iz Pcmer IF:actor (cosi) ±0.8 ( 5DJAq Current F11 ll..) < 31% AC 1.1sconnectic)n Fype System Data l' OID(.:)11:)gy Fransformerless IMax. E.::.fficiency 98.80% 98.80% E.E.uro E.::.fficiency 98.40% 98.40% Consumption at Standby/Night < MAI 1W Envlranment Data lngrr..,ss F:1rotection IF:)65 C',ocAing MetlbcA an (.11c)0ling Operabing Fernperati.we [Rainge F60,.. Ambient I lurnidity 0 .100% Altitude 4000m Diisplay avid Communlcaflan I )isplay Bluetooth & AF:4::' Fl I I C-1.)(Optional) C."Orrimunic"altion 1:,I4..3.48f.i,Wil::::i(OlDtioi7al),Gl:::11:,'S(OlDtional),I.therriet(Optiaigal) ]Wediavilcap Data Dirnensions (W'l I'D) Irrmil 855k565275 Weigh I [I<g.1 67 Sa Fety I VD:2006/95/EC 1::.::.:I\/IC:2004/108/EC,111::.::.C/I::.::.IN 62109 1:2010,ll::.::.:C/ElN 62'10x3-2: 2011; C.eirtifications II::.::.C/EN61000-6.2:2m3, ll::.::.(,/EIN61000.6-3:2007,1141i..3/T 320004-2014;GF/FI9964-2012 k "Output Voltage Flange" and "Ou[put Il requency Rainge" may be differ according [0 SIDecific grid cx.:Aes. Page 912 of 1018 a g e 3 5 () f 4E3 Advanced Green Technologies Compiled below is a list of important criteria for any business owner to consider when selecting the right contractor for a solar energy project. Our team has a documented history of exceeding expectations in each category. Before selecting any solar professional, research whether the prospective company satis- fies these key areas of concern, or as we like to say "Dare to Compare". Please rank the top three that are most important to you. Your solar energy system will last over 20 years, so you want to make sure your solar contractor will still be around We suggest using a contractor with at least 5 years in the solar industry.*Check out employer's history at your states Division of Corporations website. Contractors go out of business because they do not have proper financials in place. Ask for audited financials, bank refer- ences, surety information and/or check online at www.db.com The #1 reason for delays in projects is incorrect permitting. Choose a contractor that can show you how many permits they process in your city. Ask your contractor how many permits they process on a monthly basis. Only contractors with enough experience, Megawatts installed, and strong relationships with roofing materials manufac- turer's can ensure that your solar energy system does not void the roof's pre-existing manufacturers warranty. Check with the manufacturer and make sure your warranty does not get voided. Using multiple contractors or subcontractors for different trades, such as engineering and construction will lead to longer timelines and finger pointing. Ask your solar contractor who will be installing your system. Safety Most solar energy systems are located on the roof, so without safely protocols and management, an accident can stop or delay your project. Ask for your solar contractors Experience Modification Rate (EMR) ratio. 24/7 Service It's noon on a Saturday and your system is not producing energy. Who do you call? Require access to your solar contrac- tor 24/7 in case of unexpected emergencies. Pictures can say a thousand words. Choosing a contractor that can back up their claims of quality with documentation, both during the installation and of the final product, can help prevent surprises in quality and professionalism. Ask your solar contractor for pictures and references of completed projects and in -progress photos. —Repairs You have a job to do and it should not be looking after the solar array. Ask for references from customers 5 years past and ask how their solar array is operating to date, and if repairs were needed after the installation. �m Feel good about purchasing your new solar energy system. Ask your potential solar contractors what they do for their community, in addition to their clients. Know what you are getting for your money. The price is competitive but over the life of the system, which bid is your low- est cost/ROI. age 36 of 1 Page 913 of 1018 Robert Kornahrens Founder, Michael Kornahrens Executive Vice President Clint Sockman Vice President Matt Jeffries )' . - Robert "Rob" is the founder and CEO Education: of Advanced Green Technologies and Undergraduate studies in Business Advanced Roofing, Inc. Administration at the University of Arizona. A leader in the construction industry for four decades, Rob has grown his company to over 500 employees with seven offices in the state of Florida; and annual revenues between $90-$100 million. Michael is the Co -Founder and Executive Vice Education: President of Advanced Green Technologies. Born into the Construction Industry, Michael has successfully completed over 500 solar installations throughout North America, as well, as earning the top commercial solar contractor ranking in the state of Florida 2011-21. Undergraduate studies in Management at Florida Atlantic University. Clint oversees all sales and operations Education: at Advanced Green Technologies. He has more than two decades of experience in Field Operations and Construction Management of Commercial, Industrial, and Institutional roofing and solar energy projects. Additionally, Mr. Sockman has successfully lead teams to completion on over 350 Megawatts of solar installations. After spending 17 years with General Electric and servicing material needs for the construction industry, Matt entered the contracting world with Advanced Roofing and Advanced Green Technologies in 2018. As Director of Sales & Strategic Accounts, Matt holds responsibility for end-to-end client satisfaction. From project discovery through proposal development and project delivery, he serves as a single point of contact for select strath is u ac nts 9 bo.48 Undergraduate studies in Information Systems with a minor in International Business at the University of Cincinnati. NABCEP Certified. Education: Matt holds a B.S. in Marketing from the University of Indianapolis, possesses a certificate in Six Sigma, and served on an executive advisory board for several years while employed at General Electric. Page 914 of 1018 Tom Griffith is a Sales Executive for Advanced Education Green Technologies. He is responsible for crafting proposals and Undergraduate studies in Finance at Alma financial models that align with customer goals and College. priorities. Having worked in the renewable Tom Griffith energy industry since 2016, he has successfully Sales Executive completed over 70 Megawatts of solar installations. Bryan oversees the Safety Division at Advanced Education ' Green Technologies. OSHA Authorized Construction Trainer, which He has a decade of experienced in the areas allows Bryan to implement the OSHA 10 and of Occupational Safety and Health Management. 30 -hour training courses for our field staff. Bryan's goal for Advanced Green Technologies is Bryan Cardona to continue being an industry leader in safety while promoting a safety culture and growing Safety Director OSHA partnerships. age 38 of 1 Page 915 of 1018 Darrin Lindsay is the Director of Pre -Construction Education for Advanced Green Technologies & oversees the design & estimating process for solar projects. Bachelor of Science in Building Construction from the University of North Florida. Darrin has over 12 years of experience as an LEED AP BD+C Estimator, Project Engineer and Project Manager in Heavy Civil, Commercial and Darrin Lindsay Solar Construction. Darrin has successfully man - Director of aged over 70 million dollars in Heavy Civil and Pre -Construction Commercial Construction as well as over 25 million dollars in solar projects. Bryan oversees the Safety Division at Advanced Education ' Green Technologies. OSHA Authorized Construction Trainer, which He has a decade of experienced in the areas allows Bryan to implement the OSHA 10 and of Occupational Safety and Health Management. 30 -hour training courses for our field staff. Bryan's goal for Advanced Green Technologies is Bryan Cardona to continue being an industry leader in safety while promoting a safety culture and growing Safety Director OSHA partnerships. age 38 of 1 Page 915 of 1018 Advanced Green Technologies 41, p''miq I iq .. 11'' '1 1 11, r 'R • • Feasibility Study • Financial Analysis • IPerr-niitting & Application Post -Construction • Preven ve Mal n mance • Upgrafflng Technnlln y • Data Mon�tor�n • Emergency Response Team 2 Construction j a f4 • IProject Managernent • IFProdu ct IProcur rnent • �nstallation • oununissionin ServedMarket Segments Advanced Green Technologies Project Size: 150 kW Location: Deerield Beach, Florida Completion: 2014 Role: Engineering, Procurement & Construction Project Size: 71 kW Location: Coral Gables, Florida Completion: 2015 Role: Engineering, Procurement & Construction Raymour & Flanigan Project Size: I . I MW Location: Gibbstown, New Jersey Completion: 2012 Role: Engineering, Procurement & Construction Project Size: 5.3 MW Location: Flanders, New Jersey Completion: 2011 Role: Engineering, Procurement & Construction View a complete list of our solar W, projects at wvrw.agt.com Advanced Green Technologies NZOM Project Size: 1.4 MW Location: Miami, Florida Completion: 2016 Role: Engineering, Procurement & Construction Project Size: 2.25 MW Location: Oldsmar, Florida Completion: 2015 Role: Engineering, Procurement & Construction Project Size: 839 kW Location: Ramsey, New Jersey Completion: 2014 Role: Engineering, Procurement & Construction Project Size: 61 kW Location: Fort Lauderdale, Florida Completion: 2015 Role: Engineering, Procurement & Construction View a complete list of our solar projects at wvrw.agt.com Advanced Green Technologies Project Size: 10 MW Location: Ontario, Canada Completion: 2014 Role: Engineering, Procurement & Construction i. IMFIN1191 Project Size: 53 kW Location: Dania Beach, Florida Completion: 2012 Role: Engineering, Procurement & Construction I Project Size: 4.7 MW Location: Kenansville, Florida Completion: 2016 Role: Engineering, Procurement & Construction I Project Size: 10 MW Location: Ontario, Canada Completion: 2015 Role: Engineering, Procurement & Construction View a complete list of our solar projects at www.agt.com Advanced Green Technologies n Advanced Green Technologies James M. Rice CEO "I am pleased tc recommend Advanced Green Technologies as an honest, reliable, and problem -solving solar Engineer - ng Procurement and Construction company. As cf this writing, the Advanced Team has completed a total cf eight commercial rooftop solar energy projects totaling cf 4.7 MW in Ontario, Canada and the United States." Kathleen Watson, LEED AP Facilities Project Manager "Advanced Green Technologies understands the high stand arils that defineJM Family and are very efficient in detiver- ing cn time and cn budget solar energy solutions. As part cf the solar projects, AGT was able tc overcome several challenges including facilitating utility rebates and intercon- nections, designing the solar arrays tc meet FM Global Insurance 200MPH high -wind speeds, creating custom mounting solutions, all while maintaining our pre-existing roof warranties. Antoinette Kelly Business Administrator / Board Secretary "The Cresskill Board cf Education strongly recommends the work cf Advanced Green Technologies who was hired tc design and construct a 513 kilowatt solar array cn the roof cf our Middle and High School buildings. The Advanced Team ccmpteted the project cn time and cn budget, with nc safety incidents. The installed solar system Is operating as planned, and producing clean energy for our schools. Kyle Bartz Director of Energy Management "First and foremost I would like tc personally thank Ad- vanced Green Technologies for what I have declared a flawless installation cf 37,414 solar panels which signifies the completion cf North Americas largest operational solar rooftop installation tc date at 5.38MW " age 14 of .8 Page 921 of 1018 ZAW ! / 41 * � - �immmmw51' � wxmmwwrvwwnwn 07" J �, 1 st Place Sustainability 2014 JM Family Enterprises 1 st Place Sustainability 2015 University of Miami IIIIIIIIIIIIIIIIIIIIIIIIIIII� �,�, 1 st Place Sustainability 2016 Lockheed Martin ASSOCIATIONS & COMMUNITY SERVICE KNIGHTS SOLRIQ R O A ."" . . . .. . kid 59 IF: Ad 0 E R bflw "n�, age fl r of fl. Page 922 of 101 $ a 7 of 48 Page 924 of 1018 1B5O0VV22ndStreet Fort Lauderdale, Florida 33311 Page 925 of 10 Quality of service hearings The PSC has set the following dates and times for hearings to provide interested FPL customers an opportunity to speak about the company's quality of service and the requested rate increase. All times listed are in Eastern Time TET. June 2110a.m` June 242p.m`and 6p.m.July 12p.m.and 6p.m` June 22 2 p.m. and 6 qm.* June 25 10 a.m ` July 2 10 a.m ` The service hearings will be held virtually and viewable online at the PSC's website. Visit www.floridapsc.com and lookforthe `Watch Live Broadcast" icon on the left side of the webpage. If you do not have access to the internet, you may call 1-850-413- 7999 to listen to the hearings. Customer participation will be by phone. To speak at a service hearing, a customer must register via the PSC's online registration form, which will be available at www.floridapsc.com, under the `Hot Topics" heading. Customers without i nternet access can register to speak by calling the PSC at 1-850-413-7080. Registration will open beginning June 10 at a.m. ET, and the deadline to register Is noon ET two business days prior to each hearing. The order in which customers will speak Is based on the order In which they register. Customer participation at each service hearing Is limited to 50 customers. If you register to speak and wish to provide documents to the PSC, please do so by noon ET two business days prior to your registered hearing date. These documents should be sent electronically to the Commission Clerk, via the Commission's website Twww.floridapsc.com), by selecting the Clerk's Office tab, then select Fling Documents Electronically. If assistance In filing your documents Is needed, please contact the Clerk's Office at 1-850-413-6770. Customers who wish to speak In Spanish are encouraged to select a hearing at which an interpreter will be available. "Denotes Spanish-language Interpreter available Special accommodations Those requiring special accommodations for the hearings should call the Office of Commission Clerk at 1-850-413-6770 no later than 5 days before the hearing. Any person who is hearing- or speech -impaired should contactthe PSC by using the Florida Relay Service, available at 1-800-955-8771 (TDD). Other ways to provide comments Customers may also provide comments by calling the Commissions Officeof........... Consumer Assistance and Outreach at 1-800-342-3552; emalling contactopsc. state.fl.us; or sending a letter to the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Blvd, Tallahassee, FL 32399-0850. Written comments should refer to Docket No. 20210015 -EI. A pre -addressed comment card Is available for download at FPL.com/CommentCard. Other resources An overview of the rate request is available at www.floridapsc.com/Pubi!catons/ RateCaseOverviews. Curt Mouring Is the PSC representative for technical questions on this docket and can be reached by smelling emouring0pse.state.fl.us or calling 1-850- 413-6427. Suzanne Brownless Is the PSC's representative for legal questions and can be reached by emailing sbrownle0lbse.state.fl.us or calling 1-850-413-6218. At any time during this process, you may contactthe Office of Public Counsel TOPC). The OPC was established by the Florida Legislature to represent you and the other utility consumers before the PSC. The Public Counsel is independentfrom the PSC and can be reached at 1-800-342-0222. Summary of service charges Initial Service Connect New premise $25.00 $12.00 $13.00 Service connect $12.00 $9.00 $9.00 Existing premise Fieltl Collection $40.00 WA WA Fieltl -t WA $21. $21. neconnect for Non -Payment $13.00 $5.00 $5.00 Late Payment Greater of $5 or Greater of $5 or Greater of $5 or 1.5%Via— to 1.5%Via— to 1.5%Via— to _Y Past _Y Past _Y Past tlue unpitl balance tlue unpitl balance tlue unpitl balance of all accounts of all accounts of all accounts netum Payment $25 ifs$50 $25 if $10 $25 if $10 $30 if>$505$300 $30 if>$505$300 $30 if>$505$300 $40 iif> $300 5 $800 $40 if > $300 5 $800 $40 if > $300 5 $800 5%8>$800 5%,f $800 5%,f $800 llnauth.r¢etl J. of Energy Reimbursement of neimbursement of neimbursement of all extra expenses all extra expenses all extra expenses Meter Tampering Charge $200.00 $500.00 $500.00 (no—emantl) Mater Tampering Charge $1,000.00 $2,500.00 $2,500.00 (tlem 4 About the rate review process Unlike the prices of many essential Items that can change at any time, the amount you pay for electricity Is closely regulated, with rate changes requiring approval from an Independent regulator — the Florida Public Service Commission TPSC). The PSC's mission is to facilitate the efficient provision of safe and reliable utility services at fair prices. This means the PSC oversees all rates and charges for electric service provided by utilities, such as FPL and Gulf Power. To adjust rates, utilities must file a request with the PSC, which conducts a review process that mirrors a legal proceeding with testimony and formal hearings. A summary of FPL's rate request for 2022 to 2025 and copies of supporting documents are available at FPL.com/answers. Look for the link to the PSC website, as well as a link to the Petition & Minimum Filing Requirements under the Documents and Resources section. I���II��I�IIIIIUIII�IIIIII�'I'I�I�iYIIBIII'I�uIIIIIII�IIIIIIIIIII���I�Iu IiiiilllllVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVVV, '"��e ^inu smi a irw a^i•^ami, a nwii •sa IV�Ii�Iiiiil uiI I iiuua'ilu" iI I Quality of service hearings June 21 -July 2, 2021 Prehearing conference Aug. 2, 2021 Technical hearing Aug. 16-27, 2021 llllliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiilliiillliiillliiillliiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiilliiillliiiilliiillliiillliiI The rate review process generally takes the better part of a year, and additional activities will be posted publicly on the PSC's website as they are scheduled. FPL Energy Notes is published by Florida Power & Light Company €;i°� _�- 926 P.O. Box 14000, Juno Beach, FL 33408 Business rates summary Business rates summary continued Base Charge/Minimum $2,139.95 $2,84].13 $2,950.99 Demand Charge -On-Peak($/kW) Base Charge $238.03 $201.40 $313.65 GSwt Mataratl $10.61 $12.16 $12.90 GSLD-2 '.. Demantl Charge($/kW) $12.60 $14.99 $16.71 ''. Unmetered $5.31 $a. $650 ($249) Base Energy Charge (0 per kWh) 1.578 1.866 2.080 Base Energy Charge (0 per kWh) 6.009 68% 73lA $283 Minimum $25,590.03 $30,261.40 $33,733- 33,733.85.1, .1 ,Gene( ISery Tkne•5}4GSe 0.24 kW $130 $130 $130 Gageral Salvia -Large Demand- Trm¢�m^U.;DO 36 kW B Charge/M 4ST-t' $1061 $12.16 $1290 $168.10 Base Charge $238.03 $201.40 $313.65 Bale Energy Charge (6 per kWh) On -Peak 11.096 12.743 13.615 Base Charge Demantl Charge-On-Peak($/kW) $12.60 $14.02 $15.60 Off Peak 3800 4355 4650�T""'". 1.795 Maximum Demand Charge($/kW) D/A $0.97 $1.03 #"1g~4lf Base Charge Base Energy Charge (0 per kWh) (G)209-099 IeW $158.62 $217.45 Base ca -$26.48 (D) Above 500 IeW $3193 $3438 $419.01 On -Peak 2.451 2.907 3.329 GSDwt� Demand Charge($/kVF) $9,07 $12.02 $12,94 Per kW of Max Demand All kW Off Pa. 1.238 1.461 1.629 �m.W�'%k%ii�4 9Ci, % 14y 11 Z"&"370 rr� $4.44 M, mum $25590.M $2032140 $3167385 Mnmam $23585 $33243 $35788 Curtellable Senice(2AW kW+) , (G)200-099 IeW $270 $3.81 General Setvlea Demand -TImB EU9e P64SO k") (D)Above 500 IeW $3.17 $4.61 Base Charge $264.47 $31266 $340.49.. Base Charge $28.40 $31.93 $34.38 Demand Charge($/kW) $12.60 $14.99 $16.71 Demand Charge -On-Peak($/kW) $9.97 $11.03 $11.88 (1) Transco -n Base Energy Charge (0 per kWh) 1.578 1.866 2.080 �DTt, M mDemantl Charge($/kW) N/A $0.99 $1.06 CS2 Monthly Cledt(par kW) ($205) ($242) ($270) Base Energy Charge (0 per kWh) 2337 (D) Above 500 IeW 1.060 1.543 Charges for Non -12 plonce Curb lment Demand M Transmissbn 0.903 1.479 On -Peak 4.530 5.733 6.100 Reb 11 ng for last l2 Months(per klN) Men -(p $205 $2.42 $2.70 OffPa.1.190 Minimum $235.85 1.445 $307.60 1.555 $331.38 M Transmissbn Penalty Charge- Current Ment, (par kW) $4.40 $4.40 $4.40 Ganerel S..l. targe Demand RWlLt IWk" ( Up to prior60 months of service Earry Term,- Penalty Charge(par kW, $1.30 $1.30 $1.30 Base Charge $79.40 $95.62 $105.86 Mintmum $25624.47 $3029285 $3376049 G$UDA 1 Demand Charge($/kW) $1210 $14.87 $16.24 GSD -1 ,/�� O .enable Service S TI-ElJae(2pM kW +) $159.69 $171.93 Bane Energy Charge (0 per kWh) 1.754 2.112 2.341 GSLD-1, GSLDT-1 Base Charge $264.47 $312.66 $340.49 M,imum $6,169.40 $7,430.62 $8,225.86 $237.77 Demand Charge -On-Peak($/kW) $12.60 $14.99 $16.71 General ServlmLarge Demand. � Time EUea(RWtoWw4 Mawmum Demand Charge($/kW) N/A $0.97 $1.03 Base Charge $79.40 $95.62 $105.86 Base Energy Charge (0 per kWh) Demand Charge -On-Peak($/kW) $12.10 $13.56 $15.05 On -Peak 2.451 2.907 3.329 Maximum Demand Charge($/kW) N/A $1.11 $1.19 CST -2 Off -Peak 1.236 1.461 1.629 GSLDT*1 Base Energy Charge (0 per kWh) Monthry Cledt(par kW) ($205) ($242) ($270) On -Peak 2871 3.513 3.896 Charges for Non-Complbnce of Curbilment Deland OffPa.1.285 1.523 1.607 Rebilling tell last 12 Months (per kW) $205 $2.42 $2.70 M n mum $fi 169 40 $fi 875 62 $7 630 86 Penalty Charge -Current Month (per kW) $4.40 $4.40 $4.40 B.aaCharg SQrvia9 (FdW�tg2gkW) Base Charge $10588 $127.50 $141.17 Earry Terminatim Penalty Charge (per klN) $1.30 $1.30 $1.30 Demand Charge ($/kW) $12.10 $14.67 $16.24 M n mum $25 624 47 $30 292 fi5 $33 760 49 Base Energy Charge (0 per kWh) 1.754 2.112 2.341 General Service Large Gamand PWO kW+) Monthly Credt($ per kW) ($205) ($2.47) ($2.73) GSLD�O Base Charge $2,113.52 $2,614.99 $2.880.111 GSwtl Charges for Non Complbnce of Curbilment Demand Demand Charge($/kW) $a. $11.95 $13.56 Rebilling for last 12 Months (per kW) $205 $2.47 $2.73 Base Energy Char'g'e ((0 per kWh) 1.1x. 1.379 1.565 P natty Charge Current Menth(par kW) $4.41 $4.41 $4.41 Gemerml Sa A.wage Demand- Tlm'.w4Uae(2,000 k(,?!+) ''. Earry Term,- Penalty Charge (par kW) $1.30 $1.30 $1.30 Base Charge $2,113.52 $2,614.99 $2860.11 Mnmum $819588 $746250 $826117 Charge On Pek($/kW) $a. $195 $136 Cadgahla S-1. � TI -El)" , GSLDT3:.Demantl Base Energy Charge (0 per kWh) Base Charge $105.88 $127.50 $141.17 On -Peak 1.295 1.574 1.791 Demand Charge -On-Peak($/kW) $12.10 $13.56 $15.05 Ofyf-Peak 1.077 1.310 1.405 M mDemantl Charge($/kW) N/A $1.11 $1.19 tSYfwpable Sen/km(Z41W kW+) B se Energy Charge (0 per kWh) On -Peak 2871 3.513 3.895 Base Charge $2,139.95 $2847.13 $2,950.99 CSi:t '.. Off -Peak 1.285 1.523 1.607 Demand Charge($/kW) $a. $11.95 $13.56 Monthry Cledt(par kW) ($205) ($247) ($273) Base Energy Charge (0 per kWh) 1.134 1.379 1.565 '.. Charges for Non Complbnce of Curbilment Demand GSA Monthly Credt(par kW) ($205) ($249) ($283) '.. Rebilling for last 12 Men -(par kW) $205 $2.47 $2.73 Charges for Non -Compliance of Curbilment Demand '.. Penalty Charge- Current Ment, (par kW) $4.41 $4.41 $4.41 Rebilling tell last l2 Men -(par kW) $205 $2.49 $283 E UT,- nn Penalty Charge (par kW) $1.30 $1.30 $1.30 Penalty Charge Current Ment, (par kW) $4.40 $4.404.40 M-rimum $&19588 $&907.50 $7,858.17 EarlyTam,nae, Penalty Charga(par kW) $1.30 $1.30 gage 927 'IPL PIIPIIIIIrl ruree¢eY t sY oil be6vee Y 6eerLl Saniva('65 16e -rel Senu 0 lar i11GSD ': ra•- Irtteslmi 2l kJJ .125 k/JLsnier Ch. Y ry uYarye I O& LI -rye. Business rates summary continued Base Charge $2,139.95 $2,84].13 $2,950.99 Demand Charge -On-Peak($/kW) $a. $11.95 $13.56 Base Energy Charge (0 per kWh) On Peak 1.295 1.574 1.791 offPa.1.077 1.310 1.405 Monthly Credt(par kW) ($205) ($249) ($283) Charges for Non Compliance of Curbimeat Demand RablGng for last 12 Months (per kW, $205 $2.49 $283 Penalty Charge Current Ment, (par kW) $4.40 $4.40 $4.40 Early Term- Penalty Charge(par kW) $130 $130 $130 Sparta Field Seariee Base Charge $132.70 $152.42 $168.10 Base Energy Charge (o per kWh) 8.355 9.591 10457 watrala.0 nTranatt Saaka Base Charge $635.70 $758.32 $810.72 Base Demand Charge ($/kW) $13.45 $16.04 $17.15 Bane Energy Charge (o per kWh) 1.795 2143 2.289 Uommergiai/IntlYatrial Laml Central Ar" - Base Charge (G)209-099 IeW $158.62 $217.45 $235.26 (D) Above 500 IeW $264.00 $.4.21 $419.01 (1) Transco -n $2,.1.40 $3 510 00 $3 810 44 Base Demand Chalge ($Jk" Per kW of Max Demand All kW (G)200-099 IeW $4.23 $580 $6.27 (D) Above 500 IeW $4.44 $6.46 $7- 7.05(1)Transmissbn M Tm, m-n None None None Per kW of Load Control Oa -Peak (G)200-099 IeW $270 $3.81 $4.12 (D)Above 500 IeW $3.17 $4.61 $5- 503(1)Transmissbn M Tm, m-n $3.37 $5.06 $5.50 Per kW of Frm On Peak Demand (G)200-099 IeW $10.57 $14.49 $15.60 (D) Above 500 IeW $11.50 $16.74 $10.25 (1) Transco -n $12 30 $10 40 $20.06 Bae- EnamyChe" Wk" Oa -Peak (G)200-099 IeW 1.575 2.180 2337 (D) Above 500 IeW 1.060 1.543 1- M Transmissbn 0.903 1.479 1.603 Off -Peak (G)200-099 IeW 1.575 2.100 2337 (D) Above 500 IeW 1.060 1.543 1- M Transmissbn 0.903 1.479 1- E-. Frm Demand Up to prior60 months of service BeChargeCharge per IeW for Each Month $1.14 $1.14 $1.14 of Reb CYmmergWAndaatrial Demand GedaoDae Rlder Monthly Administrative Atltler GSD -1 $132.44 $159.69 $171.93 GSDT-1 $132.44 $159.69 $171.93 GSLD-1, GSLDT-1 $105.20 $223.12 $247.04 , GSLDT-2 $79.34 $93.80 $104.54 ALD- LDI, GSLDT-3 $237.77 $209.14 $327.89 Business rates summary continued Business rates summary continued Business rates summary continued Excess Firm Demantl 0.756 0.8]4 0.8]6 Up to 60 Months of Service $8.70 $5.80 $5.80 Penalty Charge per ON for Each Merlin of $1.14 $1.14 $1.14 Reti I"T, 0753 0869 0881 Standby and Suppfomantal S-1. $11.95 $14.57 . Base Charge 3d. 3.S17 3.777 SIT -1(DR $132.66 $152.53 $153.]1 SIT-1(De) $132.66 $152.53 $153.]1 SIT -1(D3) $451.05 $510.60 $522.62 SST -1(n $1,912.71 $2,194.55 $2,23].8] D stnbrt on Deiaard $/kW Oonhact Standby Demand N/A N/A SIT(DR $3.10 $3.66 $am SIT(D2) $3.10 $3.66 $am SIT(D3) $3.10 $3.66 $am SST1(n N/A N/A N/A Resematon Contend ( Ar" $1.57 $1.81 $1.82 SIT(DR $1.57 $1.81 $1.82 SIT(D2) $1.57 $1.81 $1.82 SIT(D3) $1.57 $1.81 $1.82 SST M $1.43 $1.64 $1.67 SST 1(DR $0.76 $0.8] $0.88 SST1(D2) $0.76 $0.8] $0.88 SST1(D3) $0.76 $0.8] $0.88 SST -1(n $0.45 $0.52 $0.53 Non +del EaergyOn Peak(@ perkWh) SST1(Dt) 0.756 0.8]4 0.8]6 SST1(D2) 0.750 0.8]4 0.8]0 SIT(D3) 0.750 0.8]4 0.8]0 SST1(n 0753 0869 0881 SST 1(DR y' L Y , 0.756 0.8]4 0.8]6 SIT(D2) 0.756 0.8]4 0.8]6 SIT(D3) 0.756 0.8]4 0.8]6 SST1(n 0753 0869 0881 IMertnplWle Standby and Supplemental Service, $11.95 $14.57 . Base Charge 3d. 3.S17 3.777 D- t -b t n $451.05 $510.60 $522.62 T rssion $1,-.71 3.061 $2,194.55 $2 237 87 D stnbrt on Demand $/kW Oontard Standby Demand Distribution $3.10 $3.66 $am Transmisswn N/A N/A N/A Rereematibn Demand Intendotible t$&M Charges far FPL Owned UI Distribution $0.27 $0.31 $0.31 T 5swn $031 $036 $036 Reservation Demand Firm($/KM 6.241 7.369 SASS Distribution $1.57 $1.81 $1.82 Trasmissbn $1.43 $1.64 $1.67 Daly Demand On -Peak Finn Standby ($rhO $9.71 $10.08 $10.32 Distribution $0.76 $0.87 $0.88 Trasmrsswn $045 $052 $0.53 Rely Demand On,Peak Interruptible Standby ($0," 1.593 1.777 Distribution $0.13 $0.15 $0.15 Trasmissbn $0.12 $0.14 $0.14 Nort-Fuel Energy On Peak{@ par kWh) Sotlium or 50,000 1, 400 waits $1fi.90 $17.60 Distribution 0.756 0.8]4 0.8]6 Trasmrsswn 0.- 0-a 0.881 Non +del FnargyON-Fork, * per,IrWh) -Sessonal Energy D t b t n 0756 08]4 08]6 Trasmrsswn 0.- 0-a 0 881 Timo.maggn Ridar Charges for Customer -Owned Units . Tender- Credit 500-1,999 ON 1.754 2.112 (per ON of Br,g Demend) ($015) ($03) ($036) Genaaal Set- Constant Usage 2,000 ON or greater 1.570 1.866 Base Charge $1485 $15.44 $1581 Base Energy Charge 3]20 3872 3970 High Load FMSor-Time-ot-Uae $3.32 $4.26 $3.51 $4.52 $3.52 $4.52 Customer Charge Annual kker- Demand Leas Than 500 ON $2-13 $31.93 $34.30 Annual M.- Demantl Less Than 2,000 ON $79.40 $95fi2 $105.86 Annual Maximum Demantl of 2,000 ON $230.03 $201.40 $313.65 Demand Chargee $79.40 $9562 $105.86 On -Peak Demand Charge $8.03 $8.62 $8.72 Annual Maximum Demand Less Than 500 ON $11.75 $14.17 $15.25 Annual Maximum Demand Less Than 2,000 ON $12.80 $15.41 $17.07 Annual M.- Demantl of 2,000 ON $12.89 $15.24 $1fi.90 Maz mum Demand Charge Annual Maximum Demand Leas Than 500 ON $2.44 $2.94 $3.17 Annual M.- Demantl Less Than 2,000 ON $2.75 $3.31 $3.67 Annual M.- Demantl of 21000 ON $274 $324 $361 non Fuel ""'YOR"B"(e Far NWn) $1.34 $1.40 $1.49 On-PeakPeriod $12.59 $13.80 $15.32 Annual Maximum Demantl Less Then 500 kW 1.921 2.301 2.405 Annual M.- Demantl Less Than 2,000 ON 1.133 1.365 1.508 Annual Maximum Demantl of 2,000 ON 1.007 1.192 1.338 OffPeak Period Annual M.- Demantl Less Then 500 ON 1.190 1.445 1.555 Annual M.- Us -Less Than 2,000 ON 1.083 1.304 1.444 Annual Maximum Demantl of 2,000 ON 0.999 1.101 1.316 EloebMsVehlufe Charging lMraatructure Riderto'Rieneral Service Demand $11.95 Customer Charge $2-13$31.93 ercury Vapor" and 11175 watts ""'Vol $34.30 Demand Charge($/kW) $9.97 $1202 $1294 Base Energy Charge in per kWh) 2221 2678 2.805 EleebbVehfule Charging Intra (ructum RldertsrR..eral Service lige Demand f Customer Charge $79.40 $­­ Sim- im 86Demantl Us-Charge($/kW) $12.10 $14.67 $1624 Base Energy Chargee per kWh) 1.754 2.112 2.341 Seasonal Demand --Tim..N(daa Hider (Opt.. A) Wood Pde $11.83 25 499 kW: $2-13 $31.93 $34.30 500-1,999 ON $79.40 $95fi2 Sim - 2,000 ON or greater $2-M $2rR 40 $313.65 Demand Chargee. $1.03 hoselss Pde U Conductors $10.]9 Seasonal On -Peak Demad $19.20 NonSessonal Demad Max Demantl 25-499 kW: $11.02 $11.80 $12.71 500 -1,999 ON $12.59 $13.80 $15.32 2,000 ON or greeter $13.19 $14.33 $1602 Seasonal Max Demand $11.50 500-1,999 ON N/A 25-499 kW: N/A $0.99 $1.06 51-1,1 kW N/A $1.11 $1.19 2,000 ON or greeter N/A $0.97 $1.03 Nonseasonal Demad MS Demand Street ugntfng - Metered Service 25-499 kW: $9.53 $11.74 $12.fi4 SL -1M ':. Customer Charge $14.88 $591 $599 500 -1,999 ON $11.95 $14.57 $1R12 Base Energy Only Charge In per kWh) 3d. 3.S17 3.777 2,000 ON or greater $12.45 $1480 $16.. PL -1 � MRmy6 NooFuel-D,oEnergy (0 perkWh) 3.061 3.330 3.398 Energy Chargee P, pa(XWh). Outdoor Ugntkrg Seasonal On -Pk Energy Charges far FPL Owned UI 25 - 499 kW: 8.830 11.093 11.946 Total Cost (Herein, Maintenance and Energy Non-Ma4 500 -1,999 ON 6.241 7.369 SASS Sod 11 Vapor 63001, 70 watts Sotlium Vapor 9, 5001, 100 watts $8.36 $8.86 $8.61 $9.16 $8.83 $9.39 2,000 ON or greater 4.952 6. 5 6.758 Sod -Vapor 12,OFF 1,150 waits $9.71 $10.08 $10.32 Seasonal Off -Peak Energy Sed -Vapor 160001,150 waits $9.71 $10.07 $10.31 25-499 kW: 1.593 1.777 1.912 Sotlium Vapor 22,000 1, 200 waits $13.79 $14.30 $14.64 500-1,999 ON 1.265 1.523 1.60] Sotlium or 50,000 1, 400 waits $1fi.90 $17.60 $10.12 2,000 ON or greater 1.236 1.461 1.629 Mercury Vapor 60001, 140 watts Mercury Vapor 3,S00 lo 175 watts $7.97 $8.40 $8.34 $8.90 $F.. $9.10 -Sessonal Energy Mercury Vapor 21,500 1, 400 watts $14.58 $15.08 $15.40 25-499 kW: 2.221 2.6]0 2.885 Charges for Customer -Owned Units 500-1,999 ON 1.754 2.112 2.341 Total Charge- Relamping antl Energy 2,000 ON or greater 1.570 1.866 2.080 Sotlium Vapor 63001, 70 watts $2.93 $3.07 $a. e• n� Seasonal Bernard-)7m.'D.-HU. Bide PRO- B) Sotlium Vapor 9,500 1, 100 watts Sotlium Vapor 12,000 1, 150 watts $3.32 $4.26 $3.51 $4.52 $3.52 $4.52 Customer Charge Sotlium Vapor 160001, 150 watts $3.97 $4.22 $4.24 25-499 kW: $26- $31.93 $34.30 Sotlium Vapor 22,000 lo 200 watts $5.47 $5.79 $581 500-1,999 ON $79.40 $9562 $105.86 OU, Sotlium Vapor 50,0001u400watts $8.03 $8.62 $8.72 2,000 ON or greater $230.03 $201.40 $313.65 Mercury "and 11175 watts Mercury Vapor 21,5001, 400 waits $4.29 $7.72 $4.63 $8.00 $4.67 $8.13 De' andlCha ges: Energy Only Seasonal On -Peak Demad Sotlium Vapor 63001, 70 waits $0.95 $1.04 $1.05 25-499 kW: $11.02 $11.80 $12.71 Sotlium Vapor 9,500 1, 100 watts $1.34 $1.40 $1.49 500 -1,999 ON $12.59 $13.80 $15.32 Sotlium Vapor 160001, 150 watts $1.95 $216 $2 - 210Sotlium 2,000 ON or greater $13.19 $14.33 $16.m So in,Vapor 22,000 lo 200 watts Sotlium Vapor 50,000 lo 400 watts $280 $5.49 $3.17 $a. $3.19 $6.10 -Sessonal On Peak Demad Sotlium or 12,000 1, 150 watts $1.95 $2.16 $2- 2.1025-499 25 - 4.kW: $9.53 $10.75 $11.58 Mercury Vapor 60001, 140 watts $203 $2.23 $2.25 500-1,999 ON $11.95 $13.46 $14.93 ercury Vapor" and 11175 watts ""'Vol $2.52 $2.77 $2.79 2,000 ON ogreater r $12.45 $13.91 $1556 Mercury Vapor 21,5001, 400 waits Non -Fuel Merely In per kWh) $5.23 a2fi0 $5.76 3.590 $581 3.629 Seasonal Mor Demantl Otherchargas 25-499 kW: N/A $0.99 $1.06 Wood Pde $11.83 $12.13 $12.13 500-1,999 ON N/A $1.11 $1.19 Cenerate/Staal Pde $15.99 $16.40 $16.40 2,000 ON or greater N/A $0.97 $1.03 hoselss Pde U Conductors $10.]9 $19.20 $19.20 NonSessonal Demad Max Demantl i-,nd E nlutling Trenchng$per Foot $0.091 $0.095 $0.095 25 -499 kW: N/A $0.99 $1.06 gown -Guy Anchor and Protector $10.76 $11.45 $11.50 500-1,999 ON N/A $1.11 $1.19 Tradic Signal Service 2,000 ON or greater N/A $0.97 $1.03 SL2 Base Energy Charge (6 Per kWh) 5.012 5.572 5.966 EneyyCharges(@pa KW,). Mnm,m Charge at Eanh Pont TeagbSlgnal Metered Se kne $am $FOB Seasonal On Peak Energy SL -214 '. Customer Charge $fi.38 $7.50 $7.60 25-499 kW: 8.830 11.093 11.946 Base Enargy-Ody Chargee per kWh) 4.8]0 5.311 5.408 500-1,999 ON 6.241 ].369 SASS 2,000 ON or geses, 4.952 6-5 fi.758 y�o @liu us SIBM Seasonal Off-Peaknergy a 0V0O lylllll V10� wOlmmmmm 25-499 kW: 1.593 1.777 1.912 LED:XSPt D 3800 3 VIII 2 $7.50 $4.50 $4.50 500-1,999 ON 1.265 1.523 1.60] ''. LED:XSPtA53W 3 2 $7.50 $4.50 $4.50 2,000 ON or greater 1.236 1.461 1.629 LED:XSPM 95W 3 2 $7.50 $4.50 $4.50 Nonseasonal On Peak Energy LID:XSP2139W 3 LED: AXIS 40W, 47W, 76W 2 2 $7.50 2 $4.50 $4.50 $4.50 $4.50 $4.50 25 499 kW 5.046 5.860 1.- LED: ALES 11000 2 2 $4.50 $4.50 $4.50 500-1,999 ON 3.]36 4.308 4.]60 LED:ATBL 259W 4 3 $10.50 $7.50 $7.50 2,000 ON or greater 3.409 3.fi35 4.042 LED:ATB2GRAY268W 5 3 $13.50 $7.50 $7.50 -Seasorel Off -Peak Energy LED:ATB2BLK 133W 3 4 $7.50 $10.50 $10.50 25-499 kW: 1.593 1.777 1.912 LED:ATB2BLK 26000 5 LED:VERDEON 247W antl 4 $13.50 $10.50 $10.50 500-1,999 ON 1.265 1.523 1.60] 10200 4 3 $10.50 $7.50 $7.50 2,000 ON or greater 1.236 1.461 1.629 LED: RSW 28W 3K, 26W 4K, 2 45W 3K, 41W 4K 2 $4,50 $4.50 $4.50 LED :AME 39003K. 7400 2 2 $4.50 $4.50 $4.50 O O I�IIIIIIMIIIIII a I utB i w K, 74 3ED:CONE. 4K 2 2 $4.50 $4.50 $4.50 !' EMEM GM AI Id J' n 72W: K,NTEMP038W3K, 7200 3K, 3800 4K, ]200 4K Strefit Lrgb.n LED: EPTC 8300 4 4 $10.50 $10.50 $10.50 Ch.1jestor PPL.Ownad Unhs LED: TEARDROP 144W 10 LED: ERS2157W 193W 4 8 $20.50 4 $10.50 $22.50 $10.50 $22.50 $10.50 Total Cost (Herein, Montenonce and Energy Non-F,e LID :MESA 75W 5 5 $13.50 $13.50 $13.50 Sotlium Vapor 63001, 70 watts $7.01 $7.87 $8.13 ATB2133 W 4K TYPE 4 3 3 $7.50 $7.50 $7.50 Sotlium Vapor 9,5001.100 waits $7.46 $8.37 $8.63 GREY FPL LED: MESA 150W 65 $1650 $13.50 $13.50 Sotlium Vapor 160001,150 waits $8.20 $9.10 $9.47 '. LED TURTLE 10OW 5 4 $13.50 $10.50 $10.50 Sotlium Vapor 22,000 1, 200 waits $11.84 $13.34 $13.70 LED: ATB2BRZ133W HYBRID 3 3 $7.50 $7.50 $7.50 Sotlium Vapor 50,000 1, 400 waits $14.36 $16.05 $16.50 LED:ATB2BRZ268WHYBRID 5 3 $13.50 $7.50 $7.50 BedVal 27,500 1, 250 $14.9] $15.38 LED: GAL LEON 11300 4K, FPL 3 3 $7.50 $7.50 $7.50 waits- UTI LED: GALLEON 22500 4K, FPL 4 4 $10.50 $10.50 $10.50 Bed -Vapor 140,000 1, 1,000 watts $20.12 $31.25 $32.10 ''. LED:GALLEON 44500 4K, FPL 66 $1650 $1650 $i 6.50 Mercury Vapor 60001,140 watts $a. $7.73 $7.97 ''. LED: GALLEON S W, 4K, FPL 7 7 $19.50 $19.50 $19.50 Mercury Vapor 8,600 lo 175 waits $7.46 $8.30 $8.55 LED: BERN 70W 11 9 $31.50 $25.50 $25.50 Mercury Vapor 11, 5001, 250 watts $11.2] $12.61 $12.90 LED:TEARDROPW DEEP it SKIRT 14400 8 $31.50 $22.50 $22.50 Mercury Vapor 21,5001, 400 watts $12.92 $1440 $1481 EPTC fi5W 4K TYPESBLACK q q $1050 $10.50 $10.50 Charge fot,ekeran-0 red units FPL Hdarnpng and Energy 5K, SOW3K60W 5K 3K, 39 5 5 $13.50 $13.50 $13.50 Sotlium Vapor 63001, 70 watts $280 $297 $a. FXTLED FLOOD, 371 W UFLD, 5 4000K, 6Xfi, 40020E 4 $13.50 $10.50 $10.50 Bed -Vapor 9,5001.100 waits $3.26 $a. $3.47 FXTLED FLOOD, 85 W, HELD, 3 3 $7.50 $7.50 $7.50 Sod um Vapor 160001,150 waits $3.87 $4.04 $4.15 4000K, '6'10, 530L Sod um Vapor 22,0001, 200 waits- $554 $5-4000K, 6X6,FXTILED 237 L W UFLD, q 3 $10.50 $7.50 $7.50 Sotlium Vapor 50,000 1, 400 waits ST. $822 $8.37FXTLED FLOOD, 51W, HELD, 3 ''. 4000K, 6X6,5976L 3 $7.50 $7.50 $7.50 Sod um Vapor 27,500 1, 250 watts $6.31 $am $6.82 FXTLED RSW AMB 9000 Sod um or 140,000 1, 1,000 watts $17.fi3 $10.]0 $10.86 3715L (FRONT and REAR) 5 4 $13.50 $10.50 $10.50 Mercury Vapor 60001,140 waits $a. $a. $a. 1-(I BERN A d REM) 11 1934E (FRONT and REAR) 9 $31.50 $25.50 $25.50 Mercury Ve, 8,6001, 175 watts $4.14 $4.36 $4.47 ',. FXTMERON ADIBI5 4 $13.50 $10.50 $10.50 Mercury Vapor 11,500 1, 250 waits $5.75 $6.05 $6.19 and REAR)W BEZero Cutoff PTT -3900 Mercury Vapor 21,5001, 400 waits $7.42 ST. $8.06 '. 3000K 3000L, 39W 4000K 2 WOOL, 73W 3000K 6450L, 2 $4.50 $4.50 $4.50 Energy Only 73W 4000K 6750L Sotlium Vapor 63001, 70 watts $0.89 $0.97 $a. '. Stantlartl Wootl Pole 1/1 n/a $5.24 $5.66 $591 Bed- Vapor 9,5001.100 watts $1.26 $1.37 $1.39 Stantlartl Concrete Pde n/a St ndard Fberglass Pole n/a n/a $7.16 n/a $8.47 $7.73 $9.16 $8.08 $9.57 BedVal 160001,150 watts $1.84 $200 $204 Decorative Concrete Pde n/a n/a $14.52 $25.82 $25.82 Sed um Val 220001, 200 watts $2.6a $2.94 $299 Proposed transition Sed um Vapor 50,000 1, 409 waits $514 $561 $5.71 credit Sedum Vapor 27,500 1, 250 waits $ass $3.87 $3.94 V ����ifu �uluili'i IU I�iUL' 111 I�iUL' 111 iililu a i I�iUL' I IUL'01, iililii a l ,411 Sodium Vapor 140,000 1, 1,000 watts $12.58 $13.72 $13.9] DS -1, DST -1 IO per kWh) 0.15]) (0.126) ;.157) ;. (0) (0.083) (0.03.0, 1) Mercury Vapor 60001, 140 waits $1.90 $2.07 $2.11 GSD -1, GSD -1 EV, GSDf-t, HLFT-t, ($0.61) ($0.49) ($0.37) ($0.24) ($0.12) Mercury Vapor 8,6001,175 waits $236 $2.57 $2.62 SDTR-1A, SDTR-16 ($%k Mercury Vapor 11, 5001, 250 waits $3.10 $3.47 $a. OS -2(0 per kWh) (0.2]3) (0.210) (0.164) (0.109) (0.055) Mercury Vapor 21,500 lo 400 waits $4.90 $5.34 $5.44 GSLD-1, GSLD-1 EV,GSLDT-I, CS -1, CST -1, HEFT -2, SDTR-2A, SDTR-26($CS ($0.60) ($0.48) ($0.36) ($0.24) ($0.12) NonFuel Energy (0 per kWh) 3.061 3.330 3.399 GSLD-2, GSLDTDT-2, OS -2, OST -2, HEFT -3, ($0.57) ($0.48) ($0.34) ($0.23) ($0.11) anercnargea SDTR-3A, SR -36 ($/kW) Wootl Pole $5.24 $566 $591 GSLD-3, GSLDT-3, CS -3, CST -3 ($/kW) SST-t(R, ISST-t(T)($/kW) ($0.52) ($0.42) ($0.91) ($0.21) ($0.25) ($0.20) ($0.15) ($0.10) ($0.10) ($0.05) Cenorete antl Steil Piles $7.16 $7.73 $8.00 SST t(D),SST--2(D), SST -3(D), ISST-1(D)($/kW) ($1.53) ($1.22) ($0.92) ($0.61) ($0.91) Fberglass Pde $8.47 $9.16 $9.57 OILC-D, OILC-G ($/kW) ($0.58) ($0.46) ($0.35) ($0.23) ($0.12) Underground Conductors not Under Paving 4051 4254 44. CILC-T($/kW) ($0.51) ($0.41) ($0.31) ($0.20) ($0.10) In per Met) MET($/kW) ($0.58) ($0.46) ($0.35) ($0.23) ($0.12) Underground Conductors Under Paving 9.89] 10.392 rS(.-1 1MPL-I,LT-1elperkWh) Fgg$]�e (0.518) (0.414) (0.911) (0.207) (0.104) (0 per Foot) 92p r CL x7 OfjL VV §L- ��111 SCU-t (0 per kWh) (0.161) (0.129) (0.097) (0.064) (0.032) 11.C. New Business 9/8/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 9/8/2022 Requested Action by Commission: Discussion on the Red Light Camera Program requested by Commissioner Turkin. 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: Type ttach irTIENI'lt Description f asd II.....ligh t Ca irTIE)ra Il lir'E)SE)irntatioin Page 929 of 1018 BB001 NB S Federal Hwy SE 23rd Ave BB002 SB S Federal Hwy SE 23rd Ave BB003 NB N Congress Ave W Gateway Blvd BB004 EB W Gateway Blvd N Congress Ave BB005 NB N Congress Ave W Boynton Bch 703 1,601 1,141 Blvd BB007 EB W Boynton Bch Blvd N Congress Ave BB009 NB S Congress Ave W Woolbright Rd BB010 SB S Congress Ave W Woolbright Rd 4,953 6,171 2,996 16.9 25% 3,847 4,887 2,907 13.4 27% 787 1,207 780 3.3 53% 954 1,269 921 3.5 33% 703 1,601 1,141 4.4 127% 1,714 3,228 2,198 8.9 88% 583 739 567 2.1 26% 693 1,544 1,048 4.2 122% EB W Woolbright Rd WB W Woolbright Rd WB W Gateway Blvd SB NW 8th St SB N Congress Ave EB E Boynton Beach S Congress Ave Blvd EB W Woolbright Rd S Congress Ave 1,111 1,482 1,095 4.0 33% S Congress Ave 1,866 1,919 1,385 5.3 3% S Congress Ave 768 1,615 1,062 4.5 110% W Boynton Bch Blvd 3,546 3,729 1,060 10.2 5% W Gateway Blvd 856 1,153 632 3.2 35% N Seacrest Blvd 3,199 3,756 1,780 10.3 17% SW 8th St 2,850 2,049 1,966 5.6 -28% Total End of Year - 28,430 35,893 21,511 99.8 26% m Gateway Blvd. and N. Congress Ave. Boynton Beach Blvd and N.W. 81h St. S.W. 8th St. and W. Woolbright Rd. Boynton Beach Blvd. and N. Congress Ave. S.E. 23rd Ave. and S. Federal Hwy. S. Congress Ave. and W. Woolbright Rd. E. Boynton Beach Blvd. and N. Seacrest Blvd. TOTAL CRASHES: I 29 31 36 19 21 14 32 7 28 25 32 12 25 24 26 10 20 14 16 6 9 7 9 12 6 8 6 3 138 123 157 69 Vehicle 58,354,180 Count Notice of 31,451 Violations Issued Crashes 138 28,430 123 55,809,947 35,893 157 34,253,199 21,511 11.D. New Business 9/8/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 9/8/2022 Requested Action by Commission: Discussion on observing Juneteenth as a City holiday, requested by Commissioner Hay. Explanation of Request: How will this affect city programs or services? Fiscal Impact: The estimated cost for adding a holiday in FY22/23 is $148,687.44 based on collective bargaining agreement provisions. A breakdown by unit has been attached for review. Alternatives: Strategic Plan: Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type ttach irTIENI'lt Description C:::::.stiirnatEt ,d Cost for Addiing a IFlalid Il llollliday Page 940 of 1018 Unit Estimated FY 22/23 Cost General $ 2,544.89 IAFF $ 36,539.26 PBA Units $ 95,747.58 SEIU Blue Collar $ 10,233.43 SEIU White Collar $ 3,622.29 Total $ 148,687.44 Page 941 of 1018 11.E. New Business 9/8/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 9/8/2022 Requested Action by Commission: Discussion on a potential park in LeisureWle, requested by Vice Mayor Cruz. 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 942 of 1018 12.A. Legal 9/8/2022 Requested Action by Commission: Discussion and direction on Tenant Notice and Bill of Rights Ordinance. Explanation of Request: At the July 19, 2022 City Commission meeting the Mayor requested that the Commission consider an Ordinance to assist individuals renting property. Several jurisdictions in Florida have recently adopted ordinances to enhance notice requirements above those required by state law. These requirements include notices for terminating leases and increases in rent. Some jurisdictions also adopted regulations for notices relating to late fees and to adopt a Tenant's Bill of Rights that requires landlords to provide written notice to tenants of their rights and resources should they have any concerns. On August 23, 2022, Palm Beach County preliminarily approved an ordinance to enact notice requirements for termination of leases and increases in rental rates, and directed that the ordinance be advertised for public hearing on September 13, 2022 at 9:00 a.m. If approved by the County Commission, the ordinance would apply countywide, including within municipalities, except where it conflicts with a municipal ordinance or a municipality opts out. City code enforcement would be authorized to enforce the County ordinance within the City. The options for the City Commission are: 1. in the event the County Commission adopts its ordinance, to enforce the County ordinance within the City with no additional action; 2. in the event the County Commission adopts its ordinance, to enforce the County ordinance within the City and adopt an ordinance to cover subjects not covered by the County ordinance including notice for late fees and adoption of a Tenant's Bill of Rights; 3. in the event the County Commission adopts its ordinance, opt out of the County ordinance entirely and either (i) adopt an ordinance for the City on the same subject or (ii) not have any regulations within the City as an opt out would mean the County ordinance would not apply within the City. Prior to learning of the proposed County ordinance, the City Attorney's office had prepared a draft ordinance for the City of Boynton Beach for discussion purposes. How will this affect city programs or services? Provide regulations and notice of rights to tenants in the City Fiscal Impact: None at this time; however, there could be costs relating to enforcement and printing of form notices to tenants once any ordinance within the City comes into effect. Alternatives: To not provide direction Strategic Plan: Page 943 of 1018 Strategic Plan Application: Climate Action Application: Is this a grant? Grant Amount: Attachments: Type D OrdinainCE) D OrdinainCE) Description Diraft Tbinaint NoUC'2, aind IBlillll of IRigh ts Ordinall'ICE) FlairnBE�,ach COU1111ty IFlrolPOSEd Ordinain(�21 r'Esgarding Tbinaint NoUCE)S Page 944 of 1018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 ORDINANCE NO. 22 - AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA AMENDING THE CITY OF BOYNTON BEACH'S CODE OF ORDINANCES; AMENDING CHAPTER 13 ENTITLED "LICENSES"; BY CREATING ARTICLE V "RENTAL DWELLING UNITS", CREATING DIVISION 1 ENTITLED "APPLICABILITY AND DEFINITIONS" PROVIDING FOR TITLE, APPLICABILITY AND DEFINITIONS; CREATING DIVISION 2 ENTITLED "RESIDENTIAL NOTICE" TO PROV NOTICE REQUIREMENTS FOR TERMINATION MONTHLY RESIDENTIAL TENANCY WITHOUT SP DURATION AND RENTAL PAYMENT INCR SES; ATING DIVISION 3 ENTITLED "TENANT' b OFR SAND NOTICE OF LATE FEES" TO p VID FOR NO OF TENANT RIGHTS AND LAT EESi11 R RESID TENANCIES; AND CREAT VIS 4 ENTI "ENFORCEMENT"; PROVIDCONFLI TS, SEVERABILITY, DA OE IFICATION; PROVIDING FOR AN EFFECTIVE 1u 1 11111111 1111 WHEREAS, Part 11 of 25 Residential Landlord 26 sets forth the rights, uties Rq%Wa Statut' " known as the "Florida Act," appl 11111 "tenanci f residential dwelling units and ords and ,pants; and 31 WHEREASliMocting residential tenants from discrimination and unfair and illegal 32 rental practices is fundamental to the health, safety, and welfare of the community; and 33 WHEREAS, this Ordinance is enacted pursuant to the home rule powers of the City 34 of Boynton Beach (the "City") as set forth at Article VIII, Section 2, of the Constitution of 35 the State of Florida, Chapter 166, Florida Statutes, and other applicable controlling law; and 100524683.1306-9001821 }S:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 1 Page 945 of 1018 36 WHEREAS, the City Commission of the City of Boynton Beach (the "City 37 Commission") is vested with the authority to adopt ordinances to protect the health, safety 38 and welfare of the City's residents and visitors; and 39 WHEREAS, it is the intention of the City Commission to provide all residents of the 40 City with fair notice if their rents are to increase; and 41 WHEREAS, over the past year, the City has experienced significant increase in 42 rental rates being paid by tenants; and 43 WHEREAS as reported b the Sun Sentinel o arch 2022 research from P Y 44 three (3) Florida colleges revealed that renters i lllllut4 1��orida are p 18.98% more 45 than what they should be; and 7 46 WHEREAS, according to the most recent Af l eHousing Needs Assessment t 47 conducted by Florida International from %hW1111111ii,1112020, 52.7% renters' 48 households in Palm Beach County are sev°jlllly clllll nod 49 WHEREAS ri OVID-19�indemic t ere has been an influx of people g 50 moving to Florida�uuuuufro tes h higher wa�lll nd cost of living which has caused an 51 a sur e in "p va III d ren in Florida; and p g I 52 SII EREAS m enant ng n ithe Ci have been unable to afford the costs m � 53 of urchas nd maintai a residential roe thereb increasin the demand for p � p p rtV, V � 54 rental properties'; IIVu° 55 WHEREAS I H of Chapter 83, Florida Statutes, commonly known as the 56 "Florida Residential Landlord and Tenant Act" ("the Act"), applies to the rental of 57 residential dwelling units and sets forth the rights and duties of landlords and tenants; and 58 WHEREAS, the Act does not provide specific notification requirements for 59 landlords seeking to increase rental rates; and 100524683.1306-9001821 IS:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 2 Page 946 of 1018 60 WHEREAS, although some lease agreements contain provisions regarding increases 61 in rental rates, a landlord generally may not raise rent during the term of a lease; and 62 WHEREAS, therefore, a landlord will have to wait until the end of the term of the 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 lease to raise the rent and it is expected that notice of such will be provided in accordance with termination notices set forth by law or in accordance with the lease agreement; and WHEREAS, with respect to notices of termination of tena,,y, if there is a written lease, Section 83.575 of the Act provides that the notice req no more than 60 days' notice; and��illll WHEREAS where there is no lease on A0 lllother Illii a provides that the landlord should provide a sive y renting month -to - wee a 15 -day notice to a tenant renting quarter -to -quarter, and a 60 -day' °' WHEREAS, according to the FI case law cited enacting ordinanc"es without a s. to terminate a tenancy is 57 of the Act to a tenant re" fi"g week -to - 1l a 30 -day notice to a tenant or -to -year; and Opinion No. 94-41 and the local governments from "period for month-to-month tenancies 7 3.57 of the Act; and 1p0°mulllEREAS, thCom"" recognizes that while reasonable late fees may be a n im ortnt t of the Ian d/ten nt relationship, ii is essential that tenants anderstand and know when they incur se fees; and WHEREAS,,11 in Florida counties including Miami -Dade and Broward and cities, including Lake Worth Beach, West Palm Beach and Miami Beach, have recently 81 enacted ordinances that require written notification be given by residential landlords to their 82 tenants for certain actions and to provide for a tenant's bill of rights so that tenants are 83 informed of their legal rights; and 100524683.1306-9001821 }S:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 3 Page 947 of 1018 84 WHEREAS, the Mayor and the City Commission of the City of Boynton Beach 85 hereby finds that it is in the best interest of the citizens and residents of the City of Boynton 86 Beach, Florida to approve the Ordinance to the City's Code of Ordinances and as contained 87 herein. 88 NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 89 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 90 Section t Th foregoing whereas clauses are true orrect and are now ratified ed 91 and confirmed by the City Commission. IIIIIIIIIIIIIIIIIIIIII °i'0p����� 92 Section 2. City of Boynton Beach's C of Ordinances, Cl�� 13 "Licenses" 93 is hereby amended by creating Article V, "Redfall }ling*111, " as follows: uuii"j1p0�� 94 ARTICLE V. — RENTAL DWELLING UNITS 95 DIVISION 1. AP 96 Sec. 13-92. Title. 97 This ordinancaA forth in °"° ctions IX -92 through 13-99 of the i. shall be Pwn and may be cited as the " itywiae, umess in coniHct witn an 102 applicable muni ordinAce. Unless otherwise provided, nothing in this article shall be 103 construed to relieve II IIIIII person from compliance with applicable counjy or municipal 104 regulations. The provisions of this article shall apply prospectively and shall apply to any 105 new Rental Agreement entered into after October 1, 2022, date and to any renewal or 106 extension of an existing Rental Agreement with a term that commences after that date. 107 (b) This article only applies to residential tenancies subject to Chapter 83, Florida 108 Statutes, and does not apply to rentals within mobile home parks governed under Chapter 100524683.1306-9001821 IS:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 4 Page 948 of 1018 109 723, Florida Statutes, short-term rentals of residential units with non-recurring rental terms 110 of thirty (30) days or fewer, or rentals of transient public lodging establishments regulated 111 under Chapter 509, Florida Statutes. This article only regulates the landlord tenant 112 relationship under Chapter 83, Florida Statutes, nothing in this article shall be construed to 113 constitute regulation of public lodging establishments. 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 entitled to possess a Rental Unit, or which is a "Rental Agreement" as defined in Section 130 83.43, Florida Statutes, as it may be amended. 131 Rental Unit means a residential housing unit in the City of Boynton Beach that (a) is 132 or may be occupied by a Tenant by virtue of a Rental Agreement, or (b) is a "Dwelling 133 Unit" as defined in Section 83.43, Florida Statutes, as it may be amended. 100524683.1306-9001821 }S:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 5 Page 949 of 1018 134 Tenant means a natural person or persons who will occupy, or who makes 135 application to occupy, a Rental Unit by virtue of a Rental Agreement, or who is a "Tenant" 136 of a dwelling unit in the City of Boynton Beach, as defined in Section 83.43, Florida 137 Statutes, as it may be amended. 138 DIVISION 2. RENTAL NOTICES 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 Sec. 13-97. Tenant's Bill of Rights, Landlord Notice Requirements. 155 (a) The Department shall create and maintain a Tenant's Bill of Rights, which 156 shall mean a paper or electronic document, available in English, _ Spanish, and Creole, in at 157 least 12 -point font, and formatted to be printed on paper of 81/2 by 11 inches or larger, 158 containing a notice of rights under applicable federal, state, and local law, and services 100524683.1306-9001821 IS:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 6 Page 950 of 1018 159 available to residential tenants in the Citv of Bovnton Beach. The content of the Tenant's 160 Bill of Rights shall be as determined by the Boynton Beach City Commission 161 ("Commission") by resolution. 162 (b) It is unlawful for a Landlord of a Rental Unit to enter into a Rental Agreement for 163 a Rental Unit under the Landlord's control or authority, without first providing the 164 prospective Tenant with a copy of the Tenant's Bill of Rights. A La or mgy comply with 165 this reauirement through an agent of the Landlord (e.sz._ a bro manaoer_ rental manager_ 177 vacates the Renflllllllll�.0 it. uij0" 178 Sec. 13-98. L Fee Notices Landlord Re uirements. 179 (a) At or before such time as a Landlord assesses a Late Fee against a Tenant, the 180 Landlord must provide written notice to the Tenant containing the information stated in 181 Section (c) below. A Landlord may comply with this requirement through an agent of the 182 Landlord (e.g., a property manager, rental manager, or real estate licensee). 183 (b) This written notice shall be separate from any notice requirements provided for in 100524683.1306-9001821 IS:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 7 Page 951 of 1018 184 a Rental Agreement and shall be required each time a new Late Fee is assessed. Only one 185 notice shall be reauired if the same Late Fee continues to accrue after delivery of the notice. 186 (c) The written notice required under this section shall include a statement informing 187 the Tenant that: 188 (1) A Late Fee has been incurred, identifying the specific provision of the Rental 189 Agreement that provides for the Late Fee, 190 2 The amount of the Late Fee due at the time o e notice and, if Late Fees 191 will increase or continue to accrue a statement ex lainidtlllllhe ra which such fees will 192 increase or continue to accrue, and 193 (3) The factual basis for the Late F "iellll. VIII ��i uuii"j1p0�� 194 (d) The written notice provided for in this 195 1 By e-mail to the e-mppla 196 Agreement or any subsequent written a reCent 197 (2) By ce the addre�������� be delivered to the Tenant: Tenant in 202 notice requiremeWhiji this "'ction if the Landlord can provide one of the following: 203 1 A col lllfllllllllthe e-mail sent pursuant to Section (d)(1) above on or before the 204 date the Late Fee was assessed, 205 (2) A copy of a written and dated letter sent, posted, or hand delivered as 206 provided in Sections (d)(2) through (4) above, with: (i) evidence from the United States 207 Postal Service or other delivery service showing both the mailing date and delivery address 208 of the notice, (ii) a time -stamped photograph of the notice clearly posted on the front door of 100524683.1306-9001821 }S:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 8 Page 952 of 1018 209 the Rental Unit; or (iii) a signed and dated statement by the delivery person certifying hand 210 delivery of the notice to the Tenant evidencing the date of delivery. 211 DIVISION 4. ENFORCEMENT 212 Sec. 13-99. Enforcement. 213 (a) The Tenant's Bill of Rights and Notice of Late Fees Ordinance may be enforced 214 by code enforcement officers_ including municipal code enforcement officers_ and anv law 215 enforcement agency having urisdiction of the area within whikdKthe Rental Unit is local 216 pursuant to Section 125.69 and Cha ter 162 Florida Sta Illlell s o!������Lapplicable munici 217 code enforcement provision. 218 (b) Nothing in Sections 13-92 throuah"I" V��llllll - IIII intenlibil to create any Illlllu p0ate cau 219 of action. and these provisions may only be enforced as"1111191tiorth herein °,,,,,,,,,,,,,,,,, affect the r 226 affeder of thisinan ce. 227 Section Aut ty is hereby given to codify this Ordinance. 228 Section 7. IIIiIIIIIIsII Ordinance shall become effective immediately. 229 FIRST READING this day of , 2022. 230 100524683.1306-9001821 IS:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 9 Page 953 of 1018 231 SECOND, FINAL READING AND PASSAGE this day of , 2022. 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 ATTEST: Maylee De Jesus, MPA, M City Clerk uulllllllllllllllplllllll (Co CITY OF BOYNTON BEACH, FLORIDA YES NO Mayor — Ty Penserga Vice Mayor —Angela Cruz Commissioner— Woodrow L. Hay Commissioner — Thomas Tu Commissioner — Aimee III I ,111llllluuu11111' Tyg a Mav PROVED AS TO FORM: Michael D. Cirullo, Jr. City Attorney 100524683.1306-9001821 }S:ACA\TENANTS RIGHTS\DRAFT Tenant Notice And Bill Of Rights Ordinance (00524683xc4b6a).Docx 10 Page 954 of 1018 Agenda Item #: 00 PALM BEACH COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 23, 2022 Department: Submitted By: Administration Administration [ ] Consent [ X ] Regular [ ] Ordinance [ ] Public Hearing I. EXECUTIVE BRIEF Motion and Title: Staff recommends motion to approve on preliminary reading and permission to advertise for a public hearing on September 13, 2022 at 8:30 a.m.: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING SECTIONS 14-81 AND 14-82 OF THE PALM BEACH COUNTY CODE; PROVIDING FOR AUTHORITY; PROVIDING FOR REQUIRED WRITTEN FAIR NOTICE OF TERMINATION OF RESIDENTIAL TENANCIES WITH SPECIFIC DURATION AND CERTAIN TENANCIES WITHOUT SPECIFIC TERM AND WRITTEN FAIR NOTICE REQUIREMENTS FOR RENTAL PAYMENT INCREASES FOR RESIDENTIAL TENANCIES WITH SPECIFIC DURATION AND CERTAIN TENANCIES WITHOUT SPECIFIC TERM; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. Summary: At the request of the Board of County Commissioners, this ordinance is being proposed for consideration and seeks to amend Sections 14-81 and 14-82 of the Palm Beach County Code to require a 60 -day written notification for either non -renewal of a residential lease, termination of a residential lease, or an increase of the rental rate by more than five percent (5%) for tenancies of a specific duration under Section 83.575(1), or for tenancies without a specific term under Section 83.57(1) through (3), Florida Statutes. This ordinance shall apply in unincorporated and incorporated areas of Palm Beach County, subject to certain limitations. Similar ordinances have passed in other counties in the state as well as several municipalities in Palm Beach County. This ordinance provides that any municipal ordinances in Palm Beach County either adopted before or after the adoption of this ordinance would remain in effect. It also allows a municipality to opt out of the provisions of this ordinance. The ordinance provides for an enforcement mechanism in the unincorporated areas of the county through Palm Beach County Code Enforcement and includes fines for such violations. In incorporated Palm Beach County, any municipal code enforcement officers or any law enforcement agency having jurisdiction of the area within which the residential tenancy at issue is located would enforce this ordinance. This ordinance is anticipated to have a beneficial impact for residents and will help renters navigate the highly competitive rental market by providing more time to adjust to higher rents or seek alternative housing, and will help landlords in sooner identifying certain residential units that may become available in order to identify new occupants. Countywide (MM) (Background and Policy Continued on page 3.) Attachments: 1) Proposed Rental Notification Assistance Ordinance ----------------------------------------------------------------- ----------------------------------------------------------------- Recommended By: m 1 Department Director Date Approved By: l L(24Z7 - Assistant Co my Administrator to Page 955 of 1018 II. FISCAL IMPACT ANALYSIS A. Five Year Summary of Fiscal Impact Fiscal Years 2022 2023 2024 2025 2026 Personal Services Operating Costs Capital Expenditures External Revenues Program Income (County) In -Kind Match (County) Net Fiscal Impact 0* # ADDITIONAL FTE POSITIONS (Cumulative) 0 0 0 0 0 Is Item Included In Current Budget? Yes — No _X_ Does this item include the use of federal funds? Yes No Budget Account Exp No: Fund xxxx Dept. xxx Unit xxxx Obj. xxxx Pro -q. xxx Rev No: Fund xxxx Dept. xxx Unit xxxx Rev. )=x Prog. xxxx B. Recommended Sources of Funds/Summary of Fiscal Impact: *The fiscal impact is undetermined at this time. C. Departmental Fiscal Review: REVIEW COMMENTS A. OFMI3 Fiscal and/or Contract Dev. and Control Comments: 4A l + j%��FMB q41c \�ontractbed Control n B. Legal Sufficiency: --/3tx�k Assistant County Attorney G. Other Department Review: Department Director This summary is not to be used as a basis for payment. Page 956 of 1018 (Continued from page 1) Background and Policy: During the conznavirun-2010(COV|0-10)pandemic, there has been on influx of people moving to Florida from states with higher wages and costs of living, which has caused anupsurge inrental rates inFlorida. Specifically inPalm Beach County, rents have increased thirty-seven percent (3796) during 2021. continuing to increase through the beginning of2O22. Part U of Chapter 83' Florida Gtatuheo, commonly known as the "Florida Residential Landlord and Tenant Act" ("the Act"), applies to the rental of residential dwelling units and sets forth the rights and duties of landlords and tenants. The Act does not provide specific notification requirements for landlords seeking to increase n*ntu| rates. Although some lease agreements contain provisions regarding increases in nantu| rates, u landlord generally may not raise rent during the term ofalease. Alandlord generally will have to wait until the end of the term of the lease to raise the rent and it is expected that notice of such increase will be provided in accordance with termination notices set forth by law or in accordance with the lease agreement. With respect to notices of termination of tenanoy, if there is a written lease, Section 83.575 of the Ant provides that the notice required toterminate atenancy ienomore than GUdayo'nohoo. Where there ienowritten lease, . Section 83.57 provides that the landlord should provide a seven-day notice to a tenant renting week -to -week, a 15 -day notice to otenant renting month-to-month, a 30 - day notice to a tenant renting quarter -to -quarter, and a 60 -day notice to a tenant renting year-to-year. According to court opinions and Florida Attorney General Opinion No. 94-91, the Florida Legislature has not preempted locagovernments from enacting ordinances thatenlarge the notification period for month-to-month tenancies without a specific duration pursuant to Section 83.57. The Attorney General concluded that such enlargement of the notification period is supplemental to the Act, and compliance with such an ordinance is possible without violating Section 83.57. Page 957 of 1018 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 ORDINANCE NO. 2022 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, AMENDING SECTIONS 14-81 AND 14-82 OF THE PALM BEACH COUNTY CODE; PROVIDING FOR AUTHORITY; PROVIDING FOR REQUIRED WRITTEN FAIR NOTICE OF TERMINATION OF RESIDENTIAL TENANCIES WITH SPECIFIC DURATION AND CERTAIN TENANCIES WITHOUT SPECIFIC TERM AND WRITTEN FAIR NOTICE REQUIREMENTS FOR RENTAL PAYMENT INCREASES FOR RESIDENTIAL TENANCIES WITH SPECIFIC DURATION AND CERTAIN TENANCIES WITHOUT SPECIFIC TERM; PROVIDING FOR ENFORCEMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, it is the intention of this Board to provide all Palm Beach County residents 20 with written fall notice if their residential tenancies are to be terminated or if their rents are to 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 increase; and WHEREAS, as growth outpaced construction in the 2010-2019 decade, an annual supply gap of 2,732 housing units has grown to a supply deficit of over 30,000 housing units; and WHEREAS, according to the University of Florida's Shimberg Center for Housing Studies' 2019 Rental Market Study, there are 2.6 million renter households in the State of Florida; and WHEREAS, homeowners represent sixty-nine percent (69%) of all households, and renters represent thirty-one percent (31 %); and WHEREAS, as of early 2021, thirty-nine percent (39%) of all households in Palm Beach County were cost -burdened, paying more than thirty percent (30%) of income towards housing expenses; and WHEREAS, the situation is most dire for renters, of which 56.6% (97,368) were cost - burdened in 2021, including 29.8% (51,282) of renters who are severely cost -burdened, paying more than 50% of income towards rent; and WHEREAS, during the coronavirus -2019 (COVID-19) pandemic, there has been an influx of people moving to Florida from states with higher wages and cost of living, which has caused an upsurge in rental rates in Florida; and WHEREAS, rents in Palm Beach County increased thirty-seven percent (37%) during 2021; and Coding: Words in sloe throttgls type are deletions from existing text. Words in underscored type are additions. 1 Page 958 of 1018 1 YMEREAS, the current average monthly rent for a 2 -bedroom apartment has now 2 reached $2,355; and 3 WHEREAS, Part 11 of Chapter 83, Florida Statutes, commonly known as the "Florida 4 Residential Landlord and Tenant Aef' ("the Act"), applies to the rental of residential dwelling 5 units and sets forth the rights and duties of landlords and tenants; and 6 WHEREAS, the Act does not provide specific notification requirements for landlords 7 seeking to increase rental rates; and 8 WHEREAS, although some lease agreements contain provisions regarding increases in 9 rental rates, a landlord generally may not raise rent during the term of a lease; and 10 WHEREAS, therefore, a landlord will have to wait until the end of the term of the lease 11 to raise the rent and it is expected that notice of such will be provided in accordance with 12 termination notices set forth by law or in accordance with the lease agreement; and 13 WHEREAS, with respect to notices of tennination of tenancy, if there is a written lease, 14 Section 83.575 of the Act provides that the notice required to terminate a tenancy is no more than 15 60 days' notice; and 16 WHEREAS, where there is no lease, Section 83.57 provides that a landlord terminating 17 the tenancy should provide not less than seven days' notice to a tenant renting week -to -week, not 18 less than 15 days' notice to a tenant renting month-to-month, not less than 30 days' notice to a 19 tenant renting quarter -to -quarter, and not less than 60 days' notice to a tenant renting year -to - 20 year; and 21 WHEREAS, the Florida Legislature has not preempted local governments from enacting 22 ordinances requiring notices of termination of 60 days or less for tenancies with written leases 23 covered under Section 83.575, Florida Statutes; and 24 WHEREAS, according to court opinions and Florida Attorney General Opinion No. 94- 25 41, the Florida Legislature has not preempted local govermnents from enacting ordinances that 26 enlarge the notification period for tenancies without a specific term pursuant to Section 83.57 of 27 the Act; and 28 WHEREAS, the Attorney General concluded that such enlargement of the notification 29 period would be supplemental to the state statute, and compliance with such ordinance is possible 30 without violating Section 83.57; and Coding: Words in strike-thfough type are deletions from existing text. Words in underscored type are additions, 2 Page 959 of 1018 1 WHEREAS, to assist renters, the City of Miami Beach, the City of Lake Worth Beach, 2 Miami -Dade Comity, the City of Royal Palm Beach, and the City of West Palm Beach recently 3 enacted ordinances that require 60 days' written notification be given by residential landlords in 4 those jurisdictions to their tenants prior to termination of certain tenancies and/or prior to 5 increasing the tenants' rent beyond a specified percentage; and 6 WHEREAS, this Board desires to amend the Palm Beach County Code of Ordinances to 7 provide 60 -day notification requirements for termination of tenancies with specific duration 8 under Section 83.575 and for certain tenancies without a specific term under Section 83.57 of the 9 Act; and 10 WHEREAS, this Board further desires to require that residential landlords in 11 unincorporated and incorporated Palm Beach County who propose to increase the rents of their 12 tenants by five percent (5%) or more shall provide such tenants with advance written notice of 13 such increase. 14 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, that: 16 17 SECTION 1. Section 14-81 of the Code of Palm Beach County, Florida, is hereby 18 amended to read as follows: 19 Sees. 14 81 14 241. Reserved: 20 See. 14-81. - Authority. 21 This article is adopted under the authority of Article VIII, Section I(R) of the 22 Florida Constitution, Chapter 125, Florida Statutes. and Article 1 of the Palm Beach 23 County Home Rule Charter. 25 SECTION 2. Section 14-82 of the Palm Beach County Code of Ordinances is hereby amended 26 to read as follows: 27 See. 14-82. - Required written fair notice of termination of residential 28 tenancies with specific duration and certain tenancies without specific term; 29 written fair notice requirements for rental payment increases for residential 30 tenancies with specific duration and certain tenancies without specific term. Coding: Words in strike tko type are deletions from existing text. Words in underscored type are additions. 3 Page 960 of 1018 1 (a) A landlord desiring not to renew a residential tenancy with a specific 2 duration as described in Section 83.575(1), Florida Statutes at the end 3 of its term shall give not less than 60 days' written fair notice of non - 4 renewal prior to the end of any tenancy. 5 (b) A landlord desiring to terminate a residential tenancy without a specific 6 term under Section 83.57(1) through (3), Florida Statutes shallgive no 7 less than 60 days' vnitten fair notice of termination prior to the end of 8 any tenancy. 9 (c) A residential landlord that proposes to increase the rental rate by more 10 than five percent (5%) at the end of a lease for a specific duration under 11 Section 83.575(1), or during any tenancies without a specific term under 12 Section 83.57(1) through (3), Florida Statutes, must provide not less 13 than 60 days' written fair notice to the tenant before the tenant must 14 either: 15 1) accept the proposed amendment, 16 2) reach an acceptable compromise; or 17 3) reject the proposed amendment to their tenancy. 18 If the required 60 days' written fair notice has been provided and the 19 tenant has not agreed to the Drowsed amendment or an acceptable 20 coMpromise, the landlord mayimpose the proposed amended term s� or 21 require the tenant(s) to vacate the residence in accordance with the lease 22 agreement and law. 23 (d) The written fair notices required by (a) through (c) above shall run 24 concurrently if a landlord provides both a notice to increase the rental 25 rate by more than 5% and, in lieu of tenant agreeing to such increase or 26 both parties reaching an acceptable compromise, a notice of 27 termination. 28 (e) The requirements of this Ordinance shall apply within incorporated and 29 unincorporated areas of Palm Beach County; except to the extent that 30 this Ordinance conflicts with a municipal ordinance, regardless of the Coding: Words in s4ni e tHrecr lr type are deletions from existing text. Words in underscored type are additions. 4 Page 961 of 1018 1 time of passage of the municipal ordinance, or in the event that the 2 governing body of a municipality elects to opt out of this ordinance 3 within its jurisdiction. 4 (f) Except for the notice provisions set forth in subsections (a) through (c), 5 all other provisions set forth in Part 11 of Chapter 83, Florida Statutes, 6 as such may be amended, shall govern residential tenancies. 7 8 SECTION 3. Sections 14-83 of the Code of Palm Beach County, Florida, is hereby 9 amended to read as follows: 10 See. 14-83. - Enforcement. 11 (a) Palm Beach County Code Enforcement Officers and any other 12 enforcement personnel as authorized by the County Administrator are 13 authorized to enforce the provisions of this ordinance within 14 unincorporated Palm Beach County. 15 (b) The violation of any provision of this ordinance may be enforced 16 pursuant to terms and procedures in Chapter 162, F.S., Local 17 Government Code Enforcement Boards Act, as may be amended or 18 recodified from time to time. Pursuant to Section 162.09(2)(d), Florida 19 Statutes, the Palm Beach County Special Master may impose fines that 20 shall not exceed one thousand dollars ($1,000.00) per damper violation 21 for a first violation, five thousand dollars ($5,000.00) per day per 22 violation for a repeat violation, and N to fifteen thousand dollars 23 ($15,000.00) per violation if the Palm Beach County Special Master 24 finds the violation to be irreparable or irreversible in nature. In 25 determining the amount of the fine, the Palm Beach County Special 26 Master shall consider: 27 1) Thegravity of the violation; and 28 2) Any actions taken by the violator to correct the violation, and Coding: Words in strAae- type are deletions f5torn existing text. Words in underscored type are additions. 5 Page 962 of 1018 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 3) Any previous violations committed by the violator. (c) In incorporated Palm Beach County, this ordinance shall be enforced by any municipal code enforcement officers or any law enforcement agena having jurisdiction of the area within which the residential tenancy at issue is located pursuant to Section 125.69 and Chapter 162, Florida Statutes, or any applicable municipal code enforcement provision. SECTION 4. Sections 14-84-14-241 of the Code of Palm Beach County, Florida, are hereby amended to read as follows: Sees. 14-84-14-241. - Reserved. SECTION 5. If any section, subsection, paragraph, provision, sentence, clause, phrase, or word of this ordinance is held unconstitutional, inoperative, invalid, or void, such holding shall not affect the remainder of this Ordinance. SECTION 6. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Palm Beach County, Florida. The sections of this Ordinance may be renumbered or relettered to accomplish such, and the word "Ordinance" may be changed to ??section", "article", or any other appropriate word. SECTION 7. This Ordinance shall take effect immediately after its adoption. APPROVED and ADOPTED by the Board of County Commissioners of Palm Beach County, Florida, on this the _ day of 120 JOSEPH ABRUZZO, CLERK PALM BEACH COUNTY, FLORIDA, BY ITS BOARD OF COUNTY COMMISSIONERS By: By: Deputy Clerk Robert Weinroth, Mayor Coding: Words in strife tkrattgh type are deletions from existing text. Words in underscored type are additions. 6 Page 963 of 1018 1 APPROVED AS TO FORM AND 2 LEGAL SUFFICIENCY 3 4 By: 5 -�L-County Attorney Coding: Words in strike direug type are deletions from existing text. Words in underscored type are additions. Page 964 of 1018 13.A. Future Agenda Items 9/8/2022 Requested Action by Commission: Local Rules and Procedures for Commission Meetings, requested by Mayor Penserga - September 22, 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 965 of 1018 13. B. Future Agenda Items 9/8/2022 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 966 of 1018 13.C. Future Agenda Items 9/8/2022 Requested Action by Commission: Discussion on Advisory Boards providing an report to the City Commission, requested by Commissioner Kelley.- October 4, 2022 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 967 of 1018 13.D. Future Agenda Items 9/8/2022 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 968 of 1018 13. E. Future Agenda Items 9/8/2022 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 969 of 1018 13. F. Future Agenda Items 9/8/2022 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 970 of 1018 13.G. Future Agenda Items 9/8/2022 11 City of Boynton Beach D Agenda Item Request Form Commission Meeting Date: 9/8/2022 Requested Action by Commission: Discussion of draft height regulations- 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: Type 1[':L.J1tE) :> ttach irTIENI'lt Description I lIE)igh t Workshop I liir':L.aitEss I lIE)igh t Workshop IFlir'E)SE)ir tatioin Page 971 of 1018 Minutes of the City Commission Workshop Held Online Via the GoToWebinar Platform and In -Person at the City Hall Commission Chambers 100 East Ocean Avenue, Boynton Beach, Florida On Saturday, June 25, 2022, at 10:00 A.M. Present: Mayor Ty Penserga Vice Mayor Angela Cruz Commissioner Thomas Turkin Commissioner Aimee Kelley 1. Agenda Items A. Call to Order - Mayor Ty Penserga Kathryn Matos, Assistant City Manager Mike Cirullo, City Attorney Maylee De Jesus, City Clerk Mayor Penserga called the meeting to order at 10:08 A.M. Roll Call City Clerk Maylee De Jesus called the roll. A quorum was present. Invocation by Mayor Penserga The Invocation was given by Mayor Penserga. Pledge of Allegiance to the Flag led by Mayor Penserga Mayor Penserga led the Pledge of Allegiance to the Flag. Agenda Approval: Additions, Deletions, Corrections Mayor Penserga added Public Comment after Item B. 2. Adoption Motion Commissioner Turkin moved to approve the agenda as amended. Vice Mayor Cruz seconded the motion. The motion passed unanimously. B. As requested by the City Commission, staff has prepared a presentation to review relevant information regarding building height. The presentation includes a review of the history of height regulations and redevelopment planning efforts within the City, the City's current height regulations, a Page 972 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 height comparison, factors for consideration when changing height standards and examples of possible changes for discussion. Amanda Radigan, Planning and Zoning Director, introduced the topic of building height, and the workshop agenda. She spoke about the factors that shape a City: size, population, history, existing "fabric", and socio-economic factors; redevelopment visions and goals; economic development goals; dimensional standards; transit -oriented development (TOD); and principals of a successful TOD-Regional Transportation Authority (RTA). She explained the Geographic Organization of Boynton Beach and showed a map with the main arteries of the City. She spoke about the redevelopment planning since 2000, including the Public Workshops and updates that were given regarding the LDR's and the CRA Plan. She explained the current height regulations: land by height. She showed maps in regard to buildings and communities that are 55 feet and below, and the ones that are up to 150 feet. She explained the current regulations: height limitations by zoning district. She talked about height comparison with municipalities that are within Palm Beach County. She further explained each of the following municipalities' height limitations: Jupiter; Delray Beach; Palm Beach Gardens; Boca Raton; and Boynton Beach. She spoke about the height comparisons of Deerfield; Downtown West Palm Beach; and Pompano Beach. She explained the considerations for the Commission: Economic Development Considerations (TOD); impacts on housing affordability; is a TOD and a rail station site desired; station area goals and employment goals; and the compactness. Michael Cirullo, City Attorney, explained the legal considerations for the Commission. He spoke about the following: amending a comprehensive plan, Florida Statute 163.3184; Development Regulations, Florida Statute 163.3202; zoning in Progress - Smith v. City of Clearwater, 383 So.2d (Fla 1980); Moratorium WCI Communities v. City of Coral Springs, 885 So.2d 912 (Fla. 4t" DCA 2004); property rights; Bert J. Harris Jr. Private Rights Protection Act, Florida Statute 70.001; and examples of potential Bert J. Harris claims. Ms. Radigan went over examples for discussion: Example A- Lower height maximum of MU -C from 150 feet to 85, and from 100 feet to 80. She explained the considerations for Example A. She spoke about Example B- lower height maximum of MU—C from 150 feet to 110-149 feet. She explained the considerations for Example B. She spoke about Example C- make no changes to LDR's; Amend downtown District portion of the CRA Plan; Reduce proposed intensity on select parcels; MXH (150 feet) to MXM (75 feet) or MXL (55 feet). She explained the considerations for Example C. She spoke about Example D- Make no changes. She explained the considerations for Example D. Kathryn Matos, Assistant City Manager, explained that there are technical difficulties happening, and that there are issues with comments by virtual guests. She provided her W Page 973 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 email to the remote audience and invited them to send their comments so she can read them into the record. Commissioner Turkin thanked Ms. Radigan for the presentation. He asked if the dwelling units near the TOD includes existing structures. Ms. Radigan responded yes and outlined the additional units, if all the planned projects are constructed and built as planned. Commissioner Turkin asked if Boynton Beach is competing with Delray Beach for a TOD station. Ms. Radigan responded that she wouldn't say that we are competing but cannot speak on whether the RTA would put a station in both Boynton Beach and Delray Beach. Commissioner Turkin asked if there can be language crafted to allow for site plans to continue. City Attorney Cirullo explained how the City could continue to allow for site plans. He explained development standards and tradeoffs, to offset height differences. Commissioner Turkin said that he preferred Example A as a resolution. Commissioner Kelley commented that she feels like there are few vacant parcels left, and that she likes the idea of restricting individual parcels without having to go through a complete height restriction. She thanked Ms. Radigan for her presentation. Vice Mayor Cruz mentioned that she would still like to speak to Ms. Radigan in regard to this. She stated that she is concerned with traffic, and legal takings of properties. She stated that she would potentially be in favor of amending the CRA Plan but would like to educate herself further before deciding. Mayor Penserga stated that this is a fascinating topic and more complicated that he thought. He explained that in regard to competing, we are going against all other downtowns. He said that there are concerns of traffic, and when you live close to a restaurant, it is walkable and easier to get to. He asked why some places are not taking advantage of the full height allowed right now. Ms. Radigan explained why it might not be advantageous for a business to go to the full height allowed. Mayor Penserga asked how Floor Area Ratio (FAR) is calculated. Ms. Radigan explained how FAR is calculated and the minimums. She further explained the setbacks and step backs, and everything that is included. 3 Page 974 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 Mayor Penserga gave an example and asked about property rights. He summarized what their options are: tall and skinny or short and fat structures. Vice Mayor Cruz stated that she would like to find a way to find green space without taking someone's property. Mayor Penserga asked for clarification on the term "taking." City Attorney Cirullo explained what it would mean by the City taking a property. He explained that they also have to go through steps, and everything is really fact specific. He spoke about what the best and right steps are, instead of speculating. Vice Mayor Cruz spoke about moratoriums. She asked if the City wanted to establish one, what would be the steps and how long would it be. City Attorney Cirullo explained what the process is, identifying what the goal is, getting recommendations from the Planning and Zoning board, it would go as a public hearing at two Commission meetings, and then figuring out how long the moratorium should be, while reviews are being done. He stated that a moratorium is usually 3-6 months. Vice Mayor Cruz asked if it would pause any projects being approved. City Attorney Cirullo responded that it depends on where they are at in the process. He stated that it depends on what the Commission would like to do. Commissioner Turkin stated that the City has options, and he explained what people in his district would like to see in the downtown area. He said that we don't need height to be successful and offered that this is a way to be proactive, not reactive. Commissioner Kelley commented that it seems like we are asking for updates on where the City is in regard to drainage, infrastructure, road maintenance, utilities projects, and what's upcoming for our downtown. Mayor Penserga asked staff what the role of development projects in infrastructure is. Ms. Radigan explained concurrency and existing issues that the City has. She stated that any development that is approved has to be mitigated by that property, such as utilities, and traffic. She explained the TCEA, and that it is generally in the downtown areas. She spoke about the Transportation Mobility Plan, and how we can move people in different ways and not just cars. C. Public Comments E Page 975 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 Susan Oyer, 140 SE 27th Way, Boynton Beach, explained the voting history of the City in the 1980's. She spoke about keeping the height low. She spoke about drainage. Evangeline Ward stated that economic development means more Police, more schooling, and not being able to get around easily. She said that the City residents needs to be able to feel safe. She said that we need to be practical about what we're thinking about doing. Thomas Ampliss stated that he came to Boynton Beach to get away from all of the traffic in Boca, and that we are turning into Boca. He stated that we need to look at the long- term goals. Mara George explained that there was a plan that was passed a long time ago because of Al DeMarco. He said that there has been good and bad growth, but we need to get back to smart growth. He stated that we have great staff that looks at everything before it moves forward, and he commended staff. Christy Ward spoke about housing affordability, and how cost of living has gone higher. She said that we need to fix what we have now. She stated that we need to count the cost of this, how it will affect us, and who are we trying to attract. Michael Weiner, spoke about traffic, building volume, canyonization, compatibility, other municipalities and their cost. He said that it is not going to wreck Boynton. Cortland McGuire, 506 Whispering Pines, Boynton Beach, spoke about wanting a vibrant downtown and what it looks like. He commented on projects that are upcoming, greenspace, and rail stations. He suggested hosting another workshop. Mike DeBose spoke about trying to meet the needs for a train station. He commented that he has sent listings of properties to developers, and nobody is interested because of the red tape that Boynton already has. Tyler Knight stated that he understands why having a 4 -story building would exacerbate the downtown. Jim Knight explained that a long time ago people were against Walmart, but it was built and is great for the community. He spoke about limiting ourselves to rental products. He said that Delray is better for TOD. Bill Morris commended staff for the presentation. He commented about density in Delray, and smart growth. He stated that this City is looked upon favorably and to think about not doing a moratorium. He thanked the Commissioners for their service. He discussed historical points about Boynton Beach. He spoke about the Fire Department. Virtual comments were read by Assistant City Manager Kathryn Matos. Mayor Penserga closed public comments. Page 976 of 1018 Meeting Minutes City Commission Meeting Boynton Beach, FL June 25, 2022 Commissioner Turkin asked about the LDR and if it was a change to the CRA Plan. Ms. Radigan explained the consolidated plan. She said that the original plan went up to 150 feet. She explained the changes that have been made over 20 years. Commissioner Turkin stated that we need to consider what we are voting on and mentioned that him and his neighbors do not want a train station in their backyard. He said that they have a lot to discuss and maybe another workshop meeting is needed, so they can go over their options. Commissioner Kelley thanked the residents that attended and staff. Vice Mayor Cruz stated that she wishes we would have had more residents. She stated that she will continue to speak with staff to see how we could best move forward. Mayor Penserga thanked everyone. 2. Adjournment There being no further business to discuss, the meeting was adjourned at 12:22 P.M. ATTEST: Maylee De Jesus, MMC City Clerk no Page 977 of 1018 11111111 1111111 1111111 111111 1111111 """""""' IIIIIIII "' "" IIIIIII'�` �� Jtvne 25, 2022 Page 978 of 1018 Workshop Agenda 1 „ Factors that Shape a City ■ General Factors ■ Dimensional Standards ■ TOD 2. Boynton Beach ■ Geographic Organization ■ History of Revision to Height ■ Current Height Regulations ■ Height Structure & Distribution 3. Height Comparison ■ Delray Beach ■ Palm Beach Gardens ■ Boca Raton ■ Town of Jupiter ■ Boynton Beach 4. Considerations 5. Legal Considerations 6. Examples for Discussion Page 979 of 1018 G�ity �����:� o 00 "Chat 00 0 00 • Size • Population • History, Age & Original Development Pattern • Existing `fabric' • Socio -Economic Factors • Income levels • Employment • Education • Access to Amenities (transportation, parks) r r rr Page 980 of 1018 u�il �0W MEN • Economic Development Goals • Business viability • Attract new business, industry, or office • Creation of destinations • Housing affordability ,r V irrni ° riIIIEt i [ • Redevelopment Visions & Goals • Longevity of redevelopment efforts "am� • Downtown orTOD vision • Economic Development Goals • Business viability • Attract new business, industry, or office • Creation of destinations • Housing affordability ,r V irrni ° riIIIEt i [ 1tr 51"-', Page 981 of 1018 Sha�pe l"Chaitl G�ity VIII liiii iiurn iiir° iiir° VIII � t&rW&rds WoiiidkVIII6geIIllwir4 • Height • FAR (Floor Area Ratio) • Uses • Density • Setbacks & Step backs HeIght, Step backs, ky m"J", Ih, b !I'irg evl W-, inoJ�nvie Rets! NdrUn- Cwrbl-,> St, Figure 36: Ocean Ave. Design Diagram 1.0 FAR 1 Story 2 Stories 4 Stories F' R 2.0 FAR 2 Stories 4 Stories 8 Stories 541 l , � l i l l l Im III, II it iri liil° iir4liii iirvtedIllll lull 111 iiur iiia VIII VIII Developed in the early 1990's by Peter Calthorpe ■ Environmental sustainability movement ■ Goal is to reduce dependence of cars and creates low carbon lifestyles ■ Organize growth on a regional level to be compact and transit -supportive ■ Place commercial, housing, jobs parks, and civic uses within walking distance of transit stops ■ Create pedestrian -friendly street networks that directly connect local destinations ■ Provide a mix of housing types, densities, and costs ■ Preserve sensitive habitat, riparian zones, and high-quality open space ■ Make public spaces the focus of building orientation and neighborhood activity �1 l ������ II, til »a ,,�,�r�mi��1f`�•< ' »»»»ma»>u,�///%////�l'';, r�Krrrr�����7r�l��s. ,��%�1�111��'��� /"' ��lll�ll ad�u 541 l , � l i l l l Im III IIIIIIII" VIII VIII of i micesshfl VIII IR IA IIRlegiii (:)una Authority In I I IIuy I tI;,I uu —I with vBlr Ilr,fil 4If (roar iiiq a comp r t mallI, dlstn r RID by„.0 I AltI or rl t,velarpo�rfF 1 Iay thltn th� —I r nru nrtyrly _I ,r7 with frrpglr •st d,IY,it I'm :aLei rf r; rSI to I I 1 , , ilan I, It It,,uiu Ii. 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Page 984 of 1018 frt Ilndarrt Ind lIoxPerlolive I king rrwti l:', p,"opletro dll uatheit1ranuI',; trailIspt. pay t rc rtmn q s r 1, nr.ralayccd pr rrking lq pP y and nrrrv,nq puking from ,lu fla, yr anxrlancl o1,, to <.rl ,trvfoBt Ir,lrllnrpInd sulueuw-,r ,rents, Ili lrllter, aln �mpbyer, are Inr ,lllr,l,yed I( u-transrt%mil I,wa4Itul" I hey ;Id, ffrat.n d.="[fil allon. Bhl,,p I1111c,-,nt rnI tl" 6crla^V1(or tl ,k, re d II,, P I rmle ^r I, I,, w1111naq r r :,,Inn 111 rime ,IIIb urI ,Ifs y lb11, et -i �Ihudlp (, n,=e rII fr< ( I I wh in a swan oui area I heir q doothnpcdihv gli,iwt flt lIlegpm^ )fitl('station ,rr_=a. A ,, allllalhowtlw and eln,Ih Ilncq al,lurowlIt- wilh tl1'Ie use of urw n"'w'llivlt look in C.orYlB'I'in"I1t surd enh,t.rrc epimii un5q r llwts mok,,,f+ar m, +,,fal blip f "nvenrafl"ll Workshop Agenda 1. Factors that Shape a City 3. Height Comparison ■ General Factors ■ Delray Beach Dimensional Standards Palm Beach Gardens ■ ■ Boca Raton ■ TOD 0 Town of Jupiter ■ Boynton Beach l3oynton Il each 4. Considerations ■ Geographic Organization ■ History of Revision to Height 5. Legal Considerations ■ Current Height Regulations ■ Height Structure & Distribution 6. Examples for Discussion Page 985 of 1018 n GeographicOrganization Geographic Organization: 1-95, CSX, FEC railroad, Federal Hwy. 1-95 access from Boynton Beach Blvd Direct access to beach from Ocean Ave. Defines: • Activity nodes • Unique corridors • Distinct districts Page 986 of 1018 Geographic rgn ii i � �u n ui Geographic Organization: 1-95, CSX, FEC railroad, Federal Hwy. 1-95 access from Boynton Beach Blvd Direct access to beach from Ocean Ave. Defines: • Activity nodes • Unique corridors • Distinct districts 1. Industrial Craft District 2. Boynton Beach Blvd District 3. Downtown District 4. Cultural District 5. Federal District (North & South) 6. Heart of Boynton District 10 Geographic Organization d 4 Page 988 of V 2000: Maximum height was 100'& maximum density was 40 2000: Public Workshops held for Federal Hwy Redevelopment Plan 2001: Federal Hwy Corridor Community Redevelopment Plan Adopted 2002: LDR Update - Original MU -H and MU -L were adopted. First adoption of heights to 150' per recommendations of FHCRP 2004: LDR Update - SMU (Suburban Mixed Use) was adopted and included heights from 55' to 75'. 2006: Boynton Beach Blvd Corridor Plan expands Mixed Uses to Boynton Beach Blvd. Page 989 of 1018 4f- ;,,,,, ---------------- 2005: Public Workshop for Federal Hwy Plan Update 2006: Update to the Federal Hwy Corridor Community Redevelopment Plan adopts 2006: LDR Update - Split Mixed Use Zoning Districts into four Districts (MUL-1, MUL-2, MUL-3, MUH), per recommendations of FHCRP 2016: Public Workshops for CRA Consolidated Plan 2016: Consolidated CRA Plan is adopted. Consolidates all CRA Plan Recommendations into a single document. 2016 & 2017: LDR Update to further breakdown of zoning districts (adds MU -4) for distribution of density and height, per consolidated CRA Plan recommendations. Page 990 of 1018 Mao 7.1 55' aind lbellow Boynton Beach Blvd. Boynton Beach Blvd. gage 992 0f 1018 55' aind lbellow Boynton Beach Blvd. gage 993 0f 1018 Workshop Agenda 1. Factors that Shape a City I Ilhlleii ht Comparison ■ General Factors ■ Delray Beach Dimensional Standards Palm Beach Gardens ■ ■ Boca Raton ■ TOD 0 Town of Jupiter ■ Boynton Beach 2. Boynton Beach 4. Considerations ■ Geographic Organization ■ History of Revision to Height 5. Legal Considerations ■ Current Height Regulations ■ Height Structure & Distribution 6. Examples for Discussion Page 995 of 1018 Ln Size (Mj2) Population TOD / Downtown Jupiter 23.12 61,000 60' Preserve Village Intel Delray Beach 16.52 67,000 85' Conserve 'historic' Atlantic Ave Boynton Beach 16.57 80,000 150' Create a destination / Downtown / TOD Palm Beach Gardens 59.34 59,000 150' - Boca Raton 31.59 96,000 160' Pompano Beach 24.69 110,000 210' Increase housing/ Attract Industrial Business Deerfield Beach 16.22 80,000 — West Palm Beach 57.98 117,000 308' Emphasize an urban core w/ transit ool 000l 000 o000 000 it - i i� r fi ui u � �"I"� II�� II ui � II(Mixed II R, , , .� � (Chp 4. Art 4.4. Sec 4.4.29. G.2.f) Erol:, "1�m 01 r �,'�,� ` �� � r_ % , � ' I.J lii iiu ° n iiuCommercial ' (Chp 4. Art 4.4. Sec 4.4.9. F.3.e) A 38%. 'i[� -i l s rwIMain t.' 38 Atlantic Ave for fronting parcels ur " (Chp 4. Art 4.4. Sec 4.4.13. D.1.a) ��] l Ir �r ti lii /i r t p i Height exceptions — architectural features, rooftop 7biNt of d� _: �1�, �� (� 2 �����r,��,u� apparatuses, parapets ... _._ •..~- ....... Page 997 of 1018 1 li tl lig iii employment overlay (Sec 78-157.h.3) II Most other ii district's is iii is City Council Fleight Waivers it Planned n III)"" Il IIS n °s Page 998 of 1018 JA ,Md , „ , , J 140'down'town ofliabitable IIplus 20'nan h Ib lig° Ib IIS (Ord. No.4035 — The Downtown Development Order. Section 2.5.d.1a) 85'FlID &FlIanned bb lig IIS lig° (Art XI II. Div1. Section 28-1723) (Art XI II. Div7. Section 28-1251.5) lii IIS IIS Center � ii (Art XI II. Div7. Section 28-1244) b„AGli,„nu Page 999 of 1018 EM IIndiantown Overlay 6. ) °II° 15) (Chp 27. Art VII. Sec. 27.1527) (Chp 27. Art VII I. Div 1.Subdiv D. Sec. 27.1641) Planned Districts 6. ) °II° 15) (Chp 27. Art VII. Sec. 27.1527) (Chp 27. Art VII I. Div 1.Subdiv D. Sec. 27.1641) .1. 85'IMedical Center ° � II District (Chp27. Art VI. Div15. Section 27-964) of 1018 100'.� II U- -4 WSW (-iii ' [fapproved) Boynton n IIS° Ih Mall Congress . Elistrict Page 1001 of 1018 Deerfield IPlanned Districts standards. Downtown WRB 110 .1. 25 s n it li es (125'.1-308 IIFlampanoBeacli 105'ar2 ' s IIS � ii e r e ss IIprovisiani Page 1002 of 1018 Workshop Agenda 1. Factors that Shape a City 3. Height Comparison ■ General Factors ■ Delray Beach Dimensional Standards Palm Beach Gardens ■ ■ Boca Raton ■ TOD 0 Town of Jupiter ■ Boynton Beach 2. Boynton Beach .„ Cnsiideratiins ■ Geographic Organization ■ History of Revision to Height 5. Legal Considerations ■ Current Height Regulations ■ Height Structure & Distribution 6. Examples for Discussion Page 1003 of 1018 Economic Development Considerations (TOD) ■ Rooftops needed to make business viable ■ Rooftops & Jobs needed to establish commuter rail station ■ Land Value ■ Tax Base ■ Operational Value ■ Construction costs Impacts on Housing Affordability ■ Supply and Demand Page 1004 of 1018 Is a TOD and a rail station site desired? Station area goal is 3,000 to 5,000 total residential units within TOD Station area employment goal: 12,000-18,000 (FDOT TOD Study & SFECC) Compactness Higher units/height/FAR in small area OR spread out along larger area �r l Nalk Cycle Connect Transit u nflpW I Pfluvd1ple 2 prinCiplln 3 Prindpin 4 ,points gpoin[srg groin[, TOG Rop,Wirwarorw+.nt of trrd Al" l"M, f(11 r �! 4':A""" :l e rig rf, vauve¢m J'1 �, w9 v4P K t a ii II of tti r rp. Mix a sify Compact 5IIIflft Prindple 5 Principle Ce Pr'iundpte 7 111,11,htdjjile a as p00' ag r',mints e8 p-0, '. p+iM, nape Ycvr rtp..'i'ne TAJ9SYdrntlanm Pfia4oi titwtlrtu hM T.*dµlarWit®,�ntl ur�xappiva ul Vbl6y tl4Wllr. htJyr .,r(wrvnw..ildp.elle /I bra VletrvtP�PrWx-aPd- b rtl .9fArarvxi4r� tt+d a}a M.P,p ' yanol l'P y/whuc-is^1 tart/. Page 1005 of 1018 Workshop Agenda 1. Factors that Shape a City ■ General Factors ■ Dimensional Standards ■ TOD 2. Boynton Beach ■ Geographic Organization ■ History of Revision to Height ■ Current Height Regulations ■ Height Structure & Distribution 3. Height Comparison ■ Delray Beach ■ Palm Beach Gardens ■ Boca Raton ■ Town of Jupiter ■ Boynton Beach 4. Considerations 5.. Legal Considerations 6. Examples for Discussion Page 1006 of 1018 M ■ By ordinance, two public hearings by City Commission ■ Requires review by Local Planning Agency — Sec 27-89 code designates the City Commission as fhe City's local' planning agency Ameinduing a ■ Notice requirements for hearings as set forth in this statute Compireheinsive Plain■ First Public Hearing: Transmittal Hearing ■ Amendment transmitted to reviewing agencies (County, §163.3184 state) ■ Once review complete returns to City ■ Second public hearing: Adoption Hearing ■ Small Scale Land Use Amendment, generally less than 50 ac. and no text amendment adoption process differs (only requires one public hearing) Page 1007 of 1018 30 Intended to implement the adopted Comprehensive Plan: Development l • • development r-• • •specificand f l detailed provisions necessary or desirable to • - adopted comprehensive • . §163.3202 Must be consistent with Comprehensive Adopted pursuant to ordinance after review by local planning agency. Section 27-89 designates the City Commission as the City's local planning agency Page 1008 of 1018 31 ■ Unless a change in zoning code is pending at the time of application, the applicant can rely on the code in existence at the time of the application. ■ If a zoning code is pending at the time of application, the City Zoningin Progress can require the applicant to comply with the new code. Sirnii-th v. City of Clearwater, ■ Pending does not require City Commission discussion or 383 So.2d 681 (Fla. 1980) action, but rather active documented steps by city staff authorized to do the work that would result in the zoning change. ■ City Code provides a formal process for Notice of Intent to change the land development regulations Chapter 1, Article IX, City's Land Development Regulations ■ Zoning in progress does not apply to proposed changes to Comprehensive oioPlans. 32 of Coral Spirfings, 885 Sold 9,12 (119a. 4th IIE)C 0 ■ Valid PlanningTool to reserve status quo while developing nw reguldtions ■ No emergency required ■ Mu t be of limited duration, limited to time needed to study and adopt changes ■ Must be for proper purpose: "concern about the effect of the ,�ro sed dbveloprm nt on traffic, on�con gstion, on and-on�o�tini rpas�ectys ,?It sgenedepwelfa er,,ity services, ■ Most be adopted usingthe more formal ordinance adoption process of Wo public hearings. ■ Florid Courts �ar lienglh ;bjr2erg g)iz 4gnize r ahit"�8F�ygpropriate l/ 9U �menn co re Y Page 1010 of 1018 33 IR ro e rty Illi g hts When a specific action of a governmental entity has inordinately burdened an existing use of real property or a vested right to a specific use of real property, the property owner of that real property is entitled to relief, which may include compensation for the actual loss to the fair market value of the real property caused by the action of government. Each bolded term is specifically defined in the statute Page 1011 of 1018 34 IIf;;;;' a im plies of potentliall IIE ert J Ilhlards cllalii Altering zoning to eliminate a permitted use Ocean Concrete, Inc. v. Indian River County, 241 So.3d 181 (Fla. 4t" DCA 2018) Comprehensive Plan Amendments that by their terms apply to specific properties Hussey v. Collier County, 158 So.2d 661 (Fla. 2nd DCA 2014) Government inaction, such as a failure to rezone properties, held not to provide a BJS claim. Boca Center at Military, LLC v. City of Boca Raton, 312 So.3d 920 (Fla. 4t" DCA 2021). Page 1012 of 1018 35 Workshop Agenda 1. Factors that Shape a City ■ General Factors ■ Dimensional Standards ■ TOD 2. Boynton Beach ■ Geographic Organization ■ History of Revision to Height ■ Current Height Regulations ■ Height Structure & Distribution 3. Height Comparison ■ Delray Beach ■ Palm Beach Gardens ■ Boca Raton ■ Town of Jupiter ■ Boynton Beach 4. Considerations 5. Legal Considerations 6.. IIEE' aim plies for Discussion Page 1013 of 1018 f/ 1 Example A Lower height maximum of MU -C from 150' to 85 Lower height maximum of MU -4 from 1 00'to 80 Considerations F Maaamnn M=aaaauEiiimm 2=0)MOnmm�am�mm�u,,,mn„���an,,,,,,,,,,,,,,,,,,,,,,,,aas�iiiinn,,,,,,,,,,,,aaaaan��mn„mn,,,,,,,,,,aaaaaaaaa,,,,,,i��iiiinn,,,,aaaaaaaaa,,,,,,,,,,,m�,m�,uaaaaaaa,,,,,,,,,,,,,,,,,aaaaaaaaau 1. Most projects have been built/ approved considerable lower then the permitted 150' 2. Minimal impact as much of land area is developed and/or has approved plans / vested projects 3. Property owners within MU -C and MU -4 may consider the reduction a taking. 4. Approved and built projects (Casa Costa, Villages at East Ocean, Marina, Ocean One, Riverwalk) may be construed as legally non -conforming. This may lead to lending problems, issues rebuilding after damage, and may be perceived as a taking. 5. Language can be crafted to counter some of these effects. 6. Can be done via LDR amendment/ Ordinance Page 1014 of 1018 f/ 1 Example B Lower height maximum of MU -C from 150' to 110'-149' Considerations 1. Most projects have been built/ approved considerable lower then the permitted 150' 2. Minimal impact as much of land area is developed and/or has approved plans / vested projects 3. Projects within MU -C may consider the reduction a taking. 4. Approved and built projects (Casa Costa, Villages at East Ocean, Marina, Ocean One) may be construed as legally non -conforming. This may lead to lending problems, issues rebuilding after damage, and may be perceived as a taking. 5. Language can be crafted to counter some of these effects. 6. Can be done via LDR amendment/ Ordinance Page 1015 of 1018 f/ 1 Example C • Make no changes to LDRs; • Amend Downtown District portion of the CRA Plan; • Reduce proposed intensity on select parcels; • MXH (150') to MXM (75') or MXL (55'). Considerations 1. Most projects have been built/ approved considerable lower then 150'. 2. Full block assembly of 115 Federal is proposed to be MU -C and at a height lower than 150' 3. MU -C is a compact area located within downtown and the TOD 4. MU -4 is a compact area located at the secondary node intersection and limited to four blocks. 5. Amending the proposed FLU removes potential density & height Page 1016 of 1018 f/fii; i � Example D Make no changes. Considerations 1. Most projects have been built/ approved considerable lower then the permitted 150'. 2. MU -C is a compact area located within downtown and the TOD 3. MU -4 is a compact area located at the secondary node intersection and limited to four blocks. Page 1017 of 1018 Quest���a���is mm uuui Page 1018 of 1018