R14-015RESOLUTION R14 -015
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
BOYNTON BEACH, FLORIDA, APPROVING AND
AUTHORIZING THE CITY MANAGER TO SIGN AN
INTERLOCAL AGREEMENT BETWEEN PALM BEACH
COUNTY AND THE CITY OF BOYNTON BEACH TO
REIMBURSE THE CITY UP TO $24,268 FOR THE PURCHASE
OF NIGHT VISION AND FORENSIC LAB EQUIPMENT; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, Palm Beach County has received funding from Miami through the UASI
grant and will reimburse the City for the cost of the equipment up to $24,268; and
WHEREAS, with advanced night vision equipment our capabilities to counter
terrorism and special enforcement operations will significantly improve; and
WHEREAS, the cutting edge forensic technology has been showing promising results
and becoming crucial in investigations involving criminal and terrorist organizations; and
WHEREAS, the acquisition of these assets will facilitate these additional measures and
techniques as well as furthering the establishment of a regional Law Enforcement network that
will be utilized in the expanding digital countermeasures against crime and terrorism; and
WHEREAS, the acquisition of these assets will facilitate the main objective which is to
enhance operational effectiveness and increase safety; and
WHEREAS, the City Commission of the City of Boynton Beach upon recommendation
of staff, deems it to be in the best interest of the citizens and residents of the City of Boynton
Beach to approve and authorize the City Manager to sign an Interlocal Agreement with Palm
Beach County to reimburse the City up to $24,268 for the purchase of Night Vision and
Forensic Lab Equipment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
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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 hereby approves and
authorizes the City Manager to sign an Interlocal Agreement with Palm Beach County, to
reimburse the City up to $24,268 for the purchase of Night Vision and Forensic Lab
Equipment, a copy of said Agreement is attached hereto and made a part here as Exhibit "A ".
Section 3. That this Resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 18 day of February, 2014.
ATTEST:
et M. Prainito, MMC
CITY OF BOYNTON BEACH, FLORIDA
yor —J Ta
Com i sio er — Dav • " . erker
chael M. Fitzpatrick
Co missioner — Joe Casello
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R is-I- 015
INTERLOCAL AGREEMENT FOR
THE PURCHASE OF EQUIPMENT BETWEEN
PALM BEACH COUNTY AND THE CITY OF BOYNTON BEACH
This Interlocal Agreement, hereinafter referred to as contract, is made as of the day of
, 20 by and between Palm Beach County, a Political Subdivision of the State of
Florida, by and through its Board of Commissioners, hereinafter referred to as the COUNTY, and
( The City of Boynton Beach ),
a ( Government Municipality ) authorized to do business in the State of Florida, hereinafter
referred to as the ENTITY (including, but not limited to, Municipality, City, Town, University,
College), whose Federal 1.D. is 59- 6000282
In consideration of the mutual promises contained herein, the COUNTY and the ENTITY agree as
follows:
ARTICLE 1 - SERVICES
The ENTITY'S responsibility under this Contract is to provide
$24,268 for the purchase of night vision and forensic crime lab equipment
as more specifically set forth in the Scope of Work detailed in Exhibit "A ".
The COUNTY'S representative/liaison during the performance of this Contract shall be
Billy Weinshank , telephone no. 561- 712 -6378
The ENTITY'S representative /liaison during the performance of this Contract shall be
Jaclyn Smith , telephone no. 561- 742 -6195
ARTICLE 2 - SCHEDULE
The ENTITY shall commence services on the full execution of this contract and complete all services by
April 30, 2014
Reports and other items shall be delivered or completed in accordance with the detailed schedule set
forth in Exhibit "A ".
ARTICLE 3 - PAYMENTS TO ENTITY
A. The total amount to be paid by the COUNTY under this Contract for all services and
materials including, if applicable, "out of pocket" expenses (specified in paragraph C below)
shall not exceed a total contract amount of
twenty -four thousand, two - hundred sixty eight dollars
Dollars ($ 24,268 ). The ENTITY shall notify the COUNTY's representative in
writing when 90% of the "not to exceed amount" has been reached. The ENTITY will bill
the COUNTY on a monthly basis, or as otherwise provided, at the amounts set forth in
Exhibit "B" for services rendered toward the completion of the Scope of Work. Where
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incremental billings for partially completed items are permitted, the total billings shall not
exceed the estimated percentage of completion as of the billing date.
B. Invoices received from the ENTITY pursuant to this Contract will be reviewed and approved
by the COUNTY's representative, to verify that services have been rendered in conformity
with the Contract. Approved invoices will then be sent to the Finance Department for
payment. Invoices will normally be paid within thirty (30) days following the COUNTY
representative's approval.
C. "Out -of- pocket" expenses will be reimbursed up to an amount not to exceed
zero
Dollars ($ 0 ), and in accordance with the list of the types and amounts of
expenditures eligible for reimbursement as set forth in Exhibit "13". All requests for payment
of "out -of- pocket" expenses eligible for reimbursement under the terms of this Contract shall
include copies of paid receipts, invoices, or other documentation acceptable to the Palm
Beach County Finance Department. Such documentation shall be sufficient to establish that
the expense was actually incurred and necessary in the performance of the Scope of Work
described in this Contract. Any travel, per diem, mileage, meals, or Lodging expenses which
may be reimbursable under the terms of this Contract will be paid in accordance with the
rates and conditions set forth in Section 112.061, Florida Statutes.
D. Final invoice: In order for both parties herein to close their books and records, the ENTITY
will clearly state "final invoice" on the ENTITY'S final /last billing to the COUNTY. This
shall constitute ENTITY'S certification that all services have been properly performed and all
charges and costs have been invoiced to Palm Beach County. Any other charges not properly
included on this final invoice are waived by the ENTITY.
ARTICLE 4 - TRUTH - IN - NEGOTIATION CERTIFICATE
Signature of this Contract by the ENTITY shall also act as the execution of a truth -in- negotiation
certificate certifying that the wage rates, over -head charges, and other costs used to determine the
compensation provided for in this Contract are accurate, complete and current as of the date of the
Contract and no higher than those charged the ENTITY'S most favored customer for the same or
substantially similar service.
The said rates and costs shall be adjusted to exclude any significant sums should the COUNTY
determine that the rates and costs were increased due to inaccurate, incomplete or noncurrent wage
rates or due to inaccurate representations of fees paid to outside ENTITYs. The COUNTY shall
exercise its rights under this Article 4 within three (3) years following final payment.
ARTICLE 5 - TERMINATION
This Contract may be terminated by the ENTITY upon sixty (60) days' prior written notice to the
COUNTY's representative in the event of substantial failure by the COUNTY to perform in
accordance with the terms of this Contract through no fault of the ENTITY. It may also be
terminated, in whole or in part, by the COUNTY, with or without cause, immediately upon written
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notice to the ENTITY. Unless the ENTITY is in breach of this Contract, the ENTITY shall be paid
for services rendered to the COUNTY'S satisfaction through the date of termination. After receipt of
a Termination Notice and except as otherwise directed by the COUNTY the ENTITY shall:
A. Stop work on the date and to the extent specified.
B. Terminate and settle all orders and subcontracts relating to the performance of the
terminated work.
C. Transfer all work in process, completed work, and other materials related to the
terminated work to the COUNTY.
D. Continue and complete all parts of the work that have not been terminated.
ARTICLE 6 - PERSONNEL
The ENTITY represents that it has, or will secure at its own expense, all necessary personnel
required to perform the services under this Contract. Such personnel shall not be employees of or
have any contractual relationship with the COUNTY.
All of the services required hereinunder shall be performed by the ENTITY or under its supervision,
and all personnel engaged in performing the services shall be fully qualified and, if required,
authorized or permitted under state and local law to perform such services.
Any changes or substitutions in the ENTITY'S key personnel, as may be listed in Exhibit "A ", must
be made known to the COUNTY'S representative and written approval must be granted by the
COUNTY's representative before said change or substitution can become effective.
The ENTITY warrants that all services shall be performed by skilled and competent personnel to the
highest professional standards in the field.
All of the ENTITY'S personnel (and all Subcontractors), while on County premises, will comply
with all COUNTY requirements governing conduct, safety and security.
ARTICLE 7 - SUBCONTRACTING
The COUNTY reserves the right to accept the use of a subcontractor or to reject the selection of a
particular subcontractor and to inspect all facilities of any subcontractors in order to make a
determination as to the capability of the subcontractor to perform properly under this Contract. The
ENTITY is encouraged to seek additional small business enterprises for participation in
subcontracting opportunities. If the ENTITY uses any subcontractors on this project the following
provisions of this Article shall apply:
If a subcontractor fails to perform or make progress, as required by this Contract, and it is necessary
to replace the subcontractor to complete the work in a timely fashion, the ENTITY shall promptly do
so, subject to acceptance of the new subcontractor by the COUNTY.
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The Palm Beach County Board of County Commissioners has established a minimum goal for SBE
participation of 15% on all County solicitations.
The ENTITY agrees to abide by all provisions of the Palm Beach County Code establishing the SBE
Program, as amended, and understands that failure to comply with any of the requirements will be
considered a breach of contract.
The ENTITY understands that each SBE firm utilized on this Contract must be certified by Palm
Beach County in order to be counted toward the SBE participation goal.
The ENTITY shall provide the COUNTY with a copy of the ENTITY's contract with any SBE
subcontractor or any other related documentation upon request.
The ENTITY understands the requirements to comply with the tasks and proportionate dollar
amounts throughout the term of this Contract as it relates to the use of SBE firms.
The ENTITY will only be permitted to replace a certified SBE subcontractor who is unwilling or
unable to perform. Such substitutions must be done with another certified SBE in order to maintain
the SBE percentages established in this Contract. Requests for substitutions of SBE's must be
submitted to the COUNTY's representative and to the Office of Small Business Assistance.
The ENTITY shall be required to submit to the COUNTY Schedule 1 (Participation of SBE -M /WBE
Contractors) and Schedule 2 (Letter of Intent) to further indicate the specific participation
anticipated, where applicable.
The ENTITY agrees to maintain all relevant records and information necessary to document
compliance with the Palm Beach County Code and will allow the COUNTY to inspect such records.
ARTICLE 8 - FEDERAL AND STATE TAX
The COUNTY is exempt from payment of Florida State Sales and Use Taxes. The COUNTY will
sign an exemption certificate submitted by the ENTITY. The ENTITY shall not be exempted from
paying sales tax to its suppliers for materials used to fulfill contractual obligations with the
COUNTY, nor is the ENTITY authorized to use the COUNTY'S Tax Exemption Number in
securing such materials.
The ENTITY shall be responsible for payment of its own and its share of its employees' payroll,
payroll taxes, and benefits with respect to this contract.
ARTICLE 9 - AVAILABILITY OF FUNDS
The COUNTY'S performance and obligation to pay under this contract for subsequent fiscal years
are contingent upon annual appropriations for its purpose by the Board of County Commissioners.
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ARTICLE 10 — INSURANCE
Without waiving the right to sovereign immunity as provided by s.768.28 fs., ENTITY
acknowledges to be self - insured for General Liability and Automobile Liability under Florida
sovereign immunity statutes with coverage limits of $200,000 Per Person and $300,000 Per
Occurrence; or such monetary waiver limits that may change and be set forth by the legislature.
In the event ENTITY maintains third -party Commercial General Liability and Business Auto
Liability in lieu of exclusive reliance of self- insurance under s.768.28 fs., ENTITY shall agree to
maintain said insurance policies at limits not less than $500,000 combined single limit for bodily
injury or property damage.
The ENTITY agrees to maintain or to be self - insured for Worker's Compensation & Employer's
Liability insurance in accordance with Florida Statute 440.
When requested, ENTITY shall agree to provide an affidavit or Certificate of Insurance evidencing
insurance, self - insurance and /or sovereign immunity status, which COUNTY agrees to recognize as
acceptable for the above mentioned coverages. Compliance with the foregoing requirements shall
not relieve the ENTITY of its liability and obligations under this contract.
ARTICLE 11 INDEMNIFICATION
To the extent allowed by law, the ENTITY shall protect, defend, reimburse, indemnify and hold
COUNTY, its agents, employees and elected officers harmless from and against all claims, liability,
expense, loss, cost, damages or causes of action of every kind or character, including attorney's fees
and costs, whether at trial or appellate levels or otherwise, arising during and as a result of their
performance of the terms of this INTERLOCAL AGREEMENT or due to the acts or omissions of
the ENTITY.
ARTICLE 12 - LIABILITY
The parties to this INTERLOCAL AGREEMENT and their respective officers and employees shall
not be deemed to assume any liability for the acts, omissions, and negligence of the other party.
Further, nothing herein shall be construed as a waiver of sovereign immunity by either party,
pursuant to Section 768.28, Florida Statutes.
ARTICLE 13 - SUCCESSORS AND ASSIGNS
The COUNTY and the ENTITY each binds itself and its partners, successors, executors,
administrators and assigns to the other party and to the partners, successors, executors,
administrators and assigns of such other party, in respect to all covenants of this Contract. Except as
above, neither the COUNTY nor the ENTITY shall assign, sublet, convey or transfer its interest in
this Contract without the prior written consent of the other.
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ARTICLE 14 - REMEDIES
This Contract shall be governed by the laws of the State of Florida. Any legal action necessary to
enforce the Contract will be held in Palm Beach County. No remedy herein conferred upon any
party is intended to be exclusive of any other remedy, and each and every such remedy shall be
cumulative and shall be in addition to every other remedy given hereunder or now or hereafter
existing at law or in equity, by statute or otherwise. No single or partial exercise by any party of any
right, power, or remedy hereunder shall preclude any other or further exercise thereof.
No provision of this Contract is intended to, or shall be construed to, create any third party
beneficiary or to provide any rights to any person or entity not a party to this Contract, including but
not limited to any citizen or employees of the COUNTY and/or ENTITY.
ARTICLE 15 - CONFLICT OF INTEREST
The ENTITY represents that it presently has no interest and shall acquire no interest, either direct or
indirect, which would conflict in any manner with the performance of services required hereunder, as
provided for in Chapter 112, Part 111, Florida Statutes, and the Palm Beach County Code of Ethics.
The ENTITY further represents that no person having any such conflict of interest shall be employed
for said performance of services.
The ENTITY shall promptly notify the COUNTY's representative, in writing, by certified mail, of all
potential conflicts of interest of any prospective business association, interest or other circumstance
which may influence or appear to influence the ENTITY'S judgement or quality of services being
provided hereunder. Such written notification shall identify the prospective business association,
interest or circumstance, the nature of work that the ENTITY may undertake and request an opinion
of the COUNTY as to whether the association, interest or circumstance would, in the opinion of the
COUNTY, constitute a conflict of interest if entered into by the ENTITY. The COUNTY agrees to
notify the ENTITY of its opinion by certified mail within thirty (30) days of receipt of notification by
the ENTITY. If, in the opinion of the COUNTY, the prospective business association, interest or
circumstance would not constitute a conflict of interest by the ENTITY, the COUNTY shall so state
in the notification and the ENTITY shall, at its option, enter into said association, interest or
circumstance and it shall be deemed not in conflict of interest with respect to services provided to the
COUNTY by the ENTITY under the terms of this Contract.
ARTICLE 16 - EXCUSABLE DELAYS
The ENTITY shall not be considered in default by reason of any failure in performance if such
failure arises out of causes reasonably beyond the control of the ENTITY or its subcontractors and
without their fault or negligence. Such causes include, but are not limited to, acts of God, force
majeure, natural or public health emergencies, labor disputes, freight embargoes, and abnormally
severe and unusual weather conditions.
Upon the ENTITY'S request, the COUNTY shall consider the facts and extent of any failure to
perform the work and, if the ENTITY'S failure to perform was without it or its subcontractors fault
or negligence, the Contract Schedule and/or any other affected provision of this Contract shall be
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revised accordingly, subject to the COUNTY'S rights to change, terminate, or stop any or all of the
work at any time.
ARTICLE 17 - ARREARS
The ENTITY shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for
any contract, debt, obligation, judgment, lien, or any form of indebtedness. The ENTITY further
warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill
the terms of this Contract.
ARTICLE 18 - DISCLOSURE AND OWNERSHIP OF DOCUMENTS
The ENTITY shall deliver to the COUNTY's representative for approval and acceptance, and before
being eligible for final payment of any amounts due, all documents and materials prepared by and for
the COUNTY under this Contract.
To the extent allowed by Chapter 119, Florida Statutes, all written and oral information not in the
public domain or not previously known, and all information and data obtained, developed, or
supplied by the COUNTY or at its expense will be kept confidential by the ENTITY and will not be
disclosed to any other party, directly or indirectly, without the COUNTY'S prior written consent
unless required by a lawful court order. All drawings, maps, sketches, programs, data base, reports
and other data developed, or purchased, under this Contract for or at the COUNTY'S expense shall
be and remain the COUNTY'S property and may be reproduced and reused at the discretion of the
COUNTY.
All covenants, agreements, representations and warranties made herein, or otherwise made in writing
by any party pursuant hereto, including but not limited to any representations made herein relating to
disclosure or ownership of documents, shall survive the execution and delivery of this Contract and
the consummation of the transactions contemplated hereby.
Notwithstanding any other provision in this Contract, all documents, records, reports and any other
materials produced hereunder shall be subject to disclosure, inspection and audit, pursuant to the
Palm Beach County Office of the Inspector General, Palm Beach County Code, Sections 2 -421 -
2 -440, as amended.
ARTICLE 19 - INDEPENDENT CONTRACTOR RELATIONSHIP
The ENTITY is, and shall be, in the performance of all work services and activities under this
Contract, an Independent Contractor, and not an employee, agent, or servant of the COUNTY. All
persons engaged in any of the work or services performed pursuant to this Contract shall at all times,
and in all places, be subject to the ENTITY'S sole direction, supervision, and control. The ENTITY
shall exercise control over the means and manner in which it and its employees perform the work,
and in all respects the ENTITY'S relationship and the relationship of its employees to the COUNTY
shall be that of an Independent Contractor and not as employees or agents of the COUNTY.
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The ENTITY does not have the power or authority to bind the COUNTY in any promise, agreement
or representation.
ARTICLE 20 - CONTINGENT FEES
The ENTITY warrants that it has not employed or retained any company or person, other than a bona
fide employee working solely for the ENTITY to solicit or secure this Contract and that it has not
paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for the ENTITY, any fee, commission, percentage, gift, or any other
consideration contingent upon or resulting from the award or making of this Contract.
ARTICLE 21 - ACCESS AND AUDITS
The ENTITY shall maintain adequate records to justify all charges, expenses, and costs incurred in
estimating and performing the work for at least three (3) years after completion or termination of this
Contract. The COUNTY shall have access to such books, records, and documents as required in this
section for the purpose of inspection or audit during normal business hours, at the ENTITY'S place
of business.
Palm Beach County has established the Office of the Inspector General in Palm Beach County Code,
Section 2 -421 - 2-440, as may be amended. The Inspector General's authority includes but is not
limited to the power to review past, present and proposed County contracts, transactions, accounts
and records, to require the production of records, and to audit, investigate, monitor, and inspect the
activities of the ENTITY, its officers, agents, employees, and lobbyists in order to ensure compliance
with contract requirements and detect corruption and fraud.
Failure to cooperate with the Inspector General or interfering with or impeding any investigation
shall be in violation of Palm Beach County Code, Section 2 -421 - 2-440, and punished pursuant to
Section 125.69, Florida Statutes, in the same manner as a second degree misdemeanor.
ARTICLE 22 - NONDISCRIMINATION
The ENTITY warrants and represents that all of its employees are treated equally during employment
without regard to race, color, religion, disability, sex, age, national origin, ancestry, marital status,
familial status, sexual orientation, gender identity and expression.
ARTICLE 23 - AUTHORITY TO PRACTICE
The ENTITY hereby represents and warrants that it has and will continue to maintain all licenses and
approvals required to conduct its business, and that it will at all times conduct its business activities
in a reputable manner. Proof of such licenses and approvals shall be submitted to the COUNTY's
representative upon request.
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ARTICLE 24 - SEVERABILITY
If any term or provision of this Contract, or the application thereof to any person or circumstances
shall, to any extent, be held invalid or unenforceable, the remainder of this Contract, or the
application of such terms or provision, to persons or circumstances other than those as to which it is
held invalid or unenforceable, shall not be affected, and every other term and provision of this
Contract shall be deemed valid and enforceable to the extent permitted by law.
ARTICLE 25 - PUBLIC ENTITY CRIMES
As provided in F.S. 287.132 -133, by entering into this contract or performing any work in
furtherance hereof, the ENTITY certifies that it, its affiliates, suppliers, subcontractors and ENTITYs
who will perform hereunder, have not been placed on the convicted vendor list maintained by the
State of Florida Department of Management Services within the 36 months immediately preceding
the date hereof. This notice is required by F.S. 287.133(3)(a).
ARTICLE 26 - MODIFICATIONS OF WORK
The COUNTY reserves the right to make changes in Scope of Work, including alterations,
reductions therein or additions thereto. Upon receipt by the ENTITY of the COUNTY'S notification
of a contemplated change, the ENTITY shall, in writing: (1) provide a detailed estimate for the
increase or decrease in cost due to the contemplated change, (2) notify the COUNTY of any
estimated change in the completion date, and (3) advise the COUNTY if the contemplated change
shall affect the ENTITY'S ability to meet the completion dates or schedules of this Contract.
If the COUNTY so instructs in writing, the ENTITY shall suspend work on that portion of the Scope
of Work affected by a contemplated change, pending the COUNTY'S decision to proceed with the
change.
If the COUNTY elects to make the change, the COUNTY shall initiate a Contract Amendment and
the ENTITY shall not commence work on any such change until such written amendment is signed
by the ENTITY and approved and executed on behalf of Palm Beach County.
ARTICLE 27 - NOTICE
All notices required in this Contract shall be sent by certified mail, return receipt requested, hand
delivery or other delivery service requiring signed acceptance. If sent to the COUNTY, notices shall
be addressed to:
Vincent Bonvento, Director
Department of Public Safety
20 South Military Trail
West Palm Beach, FL 33415
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With copy to:
Palm Beach County Attomey's Office
301 North Olive Ave.
West Palm Beach, FL 33401
If sent to the ENTITY, notices shall be addressed to:
City of Boynton Beach, Police Department
Jaclyn Smith
100 E. Boynton Beach Blvd.
Boynton Beach, FL. 33435
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ARTICLE 28 - ENTIRETY OF CONTRACTUAL AGREEMENT
The COUNTY and the ENTITY agree that this Contract sets forth the entire agreement between the
parties, and that there are no promises or understandings other than those stated herein. None of the
provisions, terms and conditions contained in this Contract may be added to, modified, superseded or
otherwise altered, except by written instrument executed by the parties hereto in accordance with
Article 25- Modifications of Work.
ARTICLE 29 - CRIMINAL HISTORY RECORDS CHECK
If ENTITY'S employees or subcontractors are required under this contract to enter a "critical
facility," as identified in Resolution R- 2003 -1274, the ENTITY shall comply with the provisions of
Chapter 2, Article IX of the Palm Beach County Code ( "Criminal History Records Check" section).
The ENTITY acknowledges and agrees that all employees and subcontractors who are to enter a
"critical facility" will be subject to a fingerprint based criminal history records check. Although
COUNTY agrees to pay for all applicable FDLE /FBI fees required for criminal history record
checks, the ENTITY shall be solely responsible for the financial, schedule, and staffing implications
associated in complying with this section of the Palm Beach County Code.
ARTICLE 30 - REGULATIONS: LICENSING REQUIREMENTS
The ENTITY shall comply with all laws, ordinances and regulations applicable to the services
contemplated herein, to include those applicable to conflict of interest and collusion. ENTITY is
presumed to be familiar with all federal, state and local laws, ordinances, codes and regulations that
may in any way affect the services offered.
ARTICLE 31 - SCRUTINIZED COMPANIES (when contract value is greater than $1 million)
As provided in F.S. 287.135, by entering into this Contract or performing any work in furtherance
hereof, the ENTITY certifies that it, its affiliates, suppliers, subcontractors and ENTITYs who will
perform hereunder, have not been placed on the Scrutinized Companies With Activities in Sudan
List or Scrutinized Companies With Activities in The Iran Petroleum Energy Sector List created
pursuant to F.S. 215.473.
If the County determines, using credible information available to the public, that a false certification
has been submitted by ENTITY, this Contract may be terminated and a civil penalty equal to the
greater of $2 million or twice the amount of this Contract shall be imposed, pursuant to F.S. 287.135.
THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK
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IN WITNESS WHEREOF, the Board of County Commissioners of Palm Beach County, Florida
has made and executed this Contract on behalf of the COUNTY and ENTITY has hereunto set its
hand the day and year above written.
PALM BEACH COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
Company Name
B y : ,v4'1r
Vincent Bonvento Sig Lure
Director of Public Safety
Jerry Taylor
Typed Name
Mayor
Title
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
By:
Assistant County Attorney
APPROVED AS TO TERMS
AND CONDITIONS
By:
Division Director
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ENTITY:
The City of Boynton Beach
SCOPE 01? WORK
EXHIBIT "A"
Attached to this Scope of Work are three (3) sets of documents
The first set of documents is titled, "Exhibit A" includes a preamble to the two attached Scopes of Work
as well as additional terms and conditions to the Inter -local agreement.
The second set of documents titled, "Scope of Work Attachment One" relates to the Night Vision
Scopes project
The third set of documents titled, "Scope of Work Attachment Two" relates to the Forensic Crime Lab
Equipment project
Exhibit A
Scope of Work Attachment One — FY 2012 UASI Spending Plan
The Scope of Work for the "Night Vision" project for the City of Boynton Beach is detailed in the
attached document titled, "Scope of Work Attachment One — FY 2012 UASI Spending Plan ". Project
Title, "Night Vision" was submitted to the Miami -Fort Lauderdale UASI and approved by its governing
body. The award amount was decreased per the United States Department of Homeland Security in
March of 2012. As a result, the initial award of twenty -one thousand, nine hundred and ninety six dollars
($21,996) was reduced to twelve thousand, three hundred and seventeen dollars ($12,317).
Scope of Work Attachment Two - FY 2012 UASI Spending Plan
The Scope of Work for the "Forensic Crime Lab" project for the City of Boynton Beach is detailed in the
attached document titled, "Scope of Work Attachment Two - FY 2012 UASI Spending Plan ". Project Title
"Forensic Crime Lab" was submitted to the Miami -Fort Lauderdale UASI and approved by its governing
body. The award amount was decreased per the United States Department of Homeland Security in
March of 2012. As a result, the initial award of twenty -two thousand, four hundred and seventy five
dollars ($22,475) was reduced to eleven thousand, nine - hundred fifty -one dollars ($11,951).
In addition to the terms and conditions of this Inter -local Agreement the following conditions also apply;
1) Status Reports: The Entity shall submit in writing a project status report to the COUNTY'S
representative when the project is commenced and at the following thresholds: 25%
completion, 50% completion, 75% completion and 100% completion.
2) Termination of Contract: The COUNTY reserves the right to cancel ENTITY'S award and utilize
such funds for another project or de- obligate such funds back to the UASI 2012 grant due in part
to the ENTITY'S failure to secure a purchase order for the implementation of the Scope of Work
by the half way point between execution of this contract and the grant's end date.
3) Grant Compliance: The Entity shall comply with all laws, ordinances and regulations applicable
to the UASI 2012 grant herein.
a. Projects involving the purchase of equipment need to be approved by FEMA and on the
Authorized Equipment List (AEL). Please refer to
https: // www .11is.dhs.gov /knowledgebase /ael
b. Projects requiring an Environmental and Historical Preservation (EHP) submission must
obtain approval prior to commencement of the project. Please refer to
http:// www. fema .gov /environmental- planning- and - historic- preservation-
progra m/e nvironmenta I- historic - preservation -1
c. Projects in which an outside party hired is by the ENTITY to complete work related to
the project will be required to complete a Debarment form (also known as an
"Attachment E ").
d. From project commencement to completion the following documentation, pertaining to
the project, including but not limited to must be gathered:
i. Canceled checks
ii. Time and attendance records
iii. Sub -grant award documents
iv. Receipts
v. Invoices
vi. Purchase orders
vii. Contracts
viii. Travel authorization forms and vouchers
ix. Payroll registers
Line Near Number(*
)
Project Title
Nutt Vision
Protect Budget
521998.co
Protect Manager
Bily Weinshank
Project Manager Phone
581.712.8378
Protect Slenager Ermall
wwe nshat®pbcgov.org
Sub-Grantee/Department
City of Boynton Beach Police Department
Urban Area Strategy boat
Urban Area Strategy Objective
- Proves, preempt and deter acts of terrorism and other disasters.
- Prepare for terrorism response missions and other disasters.
- Respond in an immediate, effective, and coordinated manner,
focused on the victims of the attack.
- LE Inv & Cps: Enhancement of technology & sustain existing
- Planning: Identify equipment needed to support prevention,
protectlon, response and recovery efforts.
- Public Safety and Security Response: Improve perimeter security
and control through procurement of equipment.
Primary Trget Capabftlty
Emergency Public Safety and Security
Additional Target capabilities
Counter -Terror investigation and Law Enforcement ,
Critical Infrastructure Protection
•
Scope of Work
Attachment One
1diA[H e : : , I t h ( # - I ! �'��,
t t eHty
'`'li {3 ►'l.�I;
1
"Strengthen shard Citizen P.reparednesa".Capabilit/ee"
. Project: Description
Please provide a description of this protect (purpose and if it is an ongoing poJect that has received
funding from pew years). Please also describe howl* project le terrorism related and will Increase
the capabilities of the city of Miami FL Lauderdale (or the region). If an MOU is needed (e.g. regional
Pte, equilment purchases for other/urlsdlchbne), Please Indicate the parties that wp11 be part of the
MOU.
1 a., Purpose
Please provide a descrtrflon of this proJect.
The Boynton Beech Police Departments Tier 2 SWAT team Is in need of night vision equipment to
enhance our efforts in countering terrorism. Our team Is comprised of a group of highly dedicated,
highly trained, and motivated officers from various divisions within the department. With advanced
night vision equipment, our abilities to counter terrorism and special enforcement operations will
significantly improve. Having the ability to see in the darts or in low light conditions will provide the
SWAT members a huge advantage over someone without a Tight or similar technology. This will
allow for better operational safety and efficiency.
Now will this protect mitigate risk?
SWAT members putthemseives In the line of danger every time they enter a dark building or
conduct operations under low fight conditions. Night vision equipment would mitigate this risk as
they would be able to see a clearer image. In addition, should our agency encounter an act of
terrorism or natural disaster the night vision would allow them to search for victims and render ald
as needed.
What ere the anticipated outcomes?
Our technology will become more enhanced with the procurement of night vision equipment. Night
vision would prove to be an indispensable tool, not only in the event of a terrorist attack, but during
all operations that the SWAT members conduct under low light conditions. The main objective to
achieve from the procurement of the night vision equipment is to enhance operational effectiveness
and, Importantly, to Increase officer safety.
2
.2. Planned Expenditures
Please detail your planned expenditures In the appropriate category section below, ff no expenditures
are anticipated for a particular category, leave that category blank.
Please provide a description of the equipment you plan to purchase.
Our agency puns to purchase night vision optics, the ATN PS40 -4 glues the daytime scope night
vision capability.
Who will receive, deploy, operate and maintain the equipment (agency)?
The Boynton Beach Police Department SWAT team will receive, deploy utilize the equipment.Any
future cost will be incurred by the police department.
Detailed description of warranty if applicable:
Twelve (12) month warranty on equipment.
How will the equipment be used?
The equipment will be utilized by the members of the SWAT team for operations.
3
Who will provide planning activities (e.g. consultant or planner)?
nla
What plan/system/procedure is being developed/revised (e.g. EOP, C0OP/000, communication, SOP,
etc.)?
n/a
What are the major components of the plan/system/procedure being developed (e.g. evacuation,
sheltering, etc.)?
4
Whet is the course nerve?
Na
What are the learning objectives of each course listed above?
Na
Who will deliver the training?
Na
How many sessions are planned per cause?
nla
5
Who is the target audience (whet discipline and how many per course)?
nia
Where will the training be conducted?
n!a
is the coarse DNS approved? If not, who wpl work to ensure that ell appropriate paperwork is completed
to ensure DHS approval?
n/a
6
What plens/capabllltJes wpl be exercised?
nla
Who will be participating in the exercise (agencies/disciplines)?
nla
What is the expected delivery date of the exercise?
nla
Who will ensure the exercise Is HSEEJ' compliant?
nla
7
Milestone
Put together application for acceptance.
Stall Oat
10/19/11
End nArt
10/27/11
Once awarded, advise SWAT Commander.
03/01/13
03/01/13
Order the equipment.
04/01/13
04/01/13
Receive equipment.
05/01/13
05/01/13
SWAT members continue to train and include new technology.
05/01 /13
future
;3; Project Management
Identity up to fen milestones, with start and end data that will be achieved within the three year
performance period The performance period should begin In September 2011 and and In September 2014.
8
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Project T16e
Forensic Crime Lab
Project budget
$22475.00
Project Msnsger
Billy W el nshank
Project Monager Phone
501 .712.0378
Project Maneger Small
wweinsharapbcgov.org
81"rantgaiDe
City of Boynton Beach Police Department
Urban Ana Strategy Goal
-Prevent, preempt and deter acts of terrorism and other disasters.
- Protect Florida citizens, visitors, and critical Infrastructure.
- - Prepare for terrorism response missions and other disasters.
Urban Area Strategy Objective
-Law enforcement Investigations and operations: enhance law
enforcement investigations/operations with technology
enhancements.
- complete/update threat amassment of critical infrastructure sites.
- Planning:identify equipment needed to support prevention,
protection, reeponae and recovery efforts.
Primary tweet CspabIlitY
information gathering and
g ng recognition of indicators and wsminga
Additional Target Capabilities
criminal Infrastructure protection
intelligence and information sharing and dissemination
Scope of work
Attachment Two
�.} i +.'l+`:iii'
"Stsepathat . infokns.tlon Steering end Coiiitianwpn 64100 /10.i.ir"
1
1. Project Description
Please provide a descn(ptfon of this project (purpose and if itls an ongoing project that hest received
Nnding from previous year:). Please else describe Crow this project la terrorism related and wlJi increase
the capabilities of the ray of MIemjFt. Lauderdale (or the region). 11 en AfOU Is needed (e.g. regional
projeot equipment purchases for otherJurtsdlcdons), pl ease Indicate the parties that will be a pert of the
MOU.
1a. Purpose
Please provide a deacdptlon of thls project.
This project is to establish a Single Digital Forensic Workstation which incorporates the acquisition
of computer hardware and software assets for the use of counter - terrorism measures. The attached
asset listings includes a stationary and portable Forensic Recovery of Evidence Device/computers
that will be used for the discovery, analysis, and dissemination of any local and regional intelligence
regarding terrorism in efforts to prevent any terrorist acts. Other digital media outlined In the asset
listing is necessary to work in conjunction with the Forensic Recovery of Evidence Devise/computer
systems for data collection. Digital forensics is a newly developed and dynamic field involving
intense data gathering that needs last processing for the discovery of any viable evidence. When
collecting Forensic Data the utmost care is required to ensure no date is tampered with in the
course of the investigation.
How will this project mitigate risk?
This equipment can fadlliate In the continuous preparation for counterterrorism measures through
Intelligence gathering. Collaborative analysis of gathered intelligence through these secure forensic
measures can lead to newly discovered techniques for risk reduction. Risk can be maintained at a
minimum considering forensically acquired digital media can mostly be carried out in a manner
Involving little threat to those Involved in the investigation. Furthermore, these investigations can
also provide intelligence and newer techniques that could help in lowering risks to the general
public as well Any viable processed data gathered through forensic means can be shared with
regional analysts through the established organizations, task forces, and units providing further
resources for security.
What ere the anticipated outcomes?
Communication involving criminal and terrorist organizations through digital means has been
growing in recent years and is predicted to continue its growth at a similar level. Cutting edge
forensic technology has been showing promising results and becoming crucial in investigations
involving criminal and terrorist organizations. It has established a tteld involving digital vigilance,
surveillance and intelligence data gathering that Is utilized not only in preventative and protective
measures but also to carry out successful prosecutions against those elements threatening our
security. The acquisition of these assets and training will facilitate these additional measures and
techniques as well as furthering the establishment of a regional Law Enforcement network that will
be utilized in the expanding digital counter measures against crime and terrorism.
2
0
Please detail your planned expenditures In the appropriate category section below. if no expenditures
are anticipated fora particular category, leave that category blank.
Please provide a description of the equipment you plan to purchase.
To establish our Single Digital Forensic Workstation we will require a Forensic Analysis Computer
system ( desktop), portable forensic computer system ( laptop). computer cables, connectors,
peripherals, portable forensic ultrablock HI) Reader, portable forensic uttrablock card reader,
software (Encase).
Who will receive, deploy, operate and maMtetn the equipment (agency)?
Detailed description of warranty If applicable;
How will the equipment lea used?
3
Egtliparrlent
The Boynton Beach Police Department wig receive, operate and maintain the purchased
equipment. The only future cost would be upgrading the software and additional training as needed.
Our agency will pay for these additional cost as they arise.
The equipment comes with a one year warranty.
Forensic Analysis Computer system (desktop) Is used for the analysis of disk images, veriticattlonof
target system configuration and settings, hardware verification and a variety of task that need to be
performed. The portable forensic computer system (laptop) le used in conjunction with the Digital
Forensic Hardware for on -site data acqulsiton and portable application is necessary. The computer
cables, connectors, peripherals are utilized to connect the hardware. The portable forensic
ultrablock HD Reader is used in acquiring a forensically sound Image of virtually any hard drive and
the portable forensic ultrablock card reader is switch able from Read -Only to Read -Write operation.
In Read -Only mode the unit can be used for forensic acquisition of information and memory cards.
In Read -Write mode the unit is able to write to memory cards for testing or validation.
Who will provide planning activities (e.g. consultant orptannerj?
nla
Whet pienlsystenVrrooedure Is being developed /revised (e.g. EOP, COOP/COG, communication, SOP
etc.)?
nla
What are the major oomponenta of fha plen/systenVprocedure being developed (e.g. evacuation,
sheltering, etc.)?
nla
AW
4
What Is the course name?
- Computer Forensic Investigation Training and Digital Evidence Collection Training
- Forensic Training Encasel
•
What are the teaming objectives of each course listed above?
Assist in building the electronic crime preventionfrnvestigation, digital evidence collection and
examination capacity of state and local law enforcement departments.
Who will deliver the training?
- Electronic Crimes Technology Center of Excellence (ECTCoE)
- Encase also known as Guidance Software
How many sessions am planned per course?
Three day coarse
-Four day course
5
Who Is the target audience what dlsclpline and how many per course)?
-Law Enforcement
-Law Enforcement
Where will the training be conducted?
6
AY
-Palm Springs, Patin Beach County
-Woodland, Texas
Is the course DHS approved? If not, who will work to ensure that all appropriate paperwork Is completed
fo ensure DHS approval?
No, Officer Jaclyn Smith will work to ensure all appropriate paperwork is completed to ensure DH8
approval.
Who will be participating In the exercise (egenclea/dlaulpllnes)?
Whet plana/cepabNlties will be exercised?
n/a
What is the expected delivery date of the exercise?
n/a
Who will ensure the exercise Is HSEEP compliant?
n/a
7
Milestone
Put together the application for acceptance.
Sf DAL
10/19111
Eva DdtP
10127/11
Once awarded, contact Detective Bureau.
03101/13
03/01/13
Necessary equipment Is ordered.
04/01/13
04/01/13
Equipment is received.
05/01/13
05131/13
Detective has training on hardware/software.
03/01/13
05/31/13
1
3. Project Management
Identity up to ten milestones, With skit and end dates tliiit will b &echlev6d wlfhhr the three Year
performance petted. The performance period should begin In Sapte� bar 2011 and and In Septanibai" 2014.
6
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SCHEDULE OF PAYMENTS
EXHIBIT "B"
Attached to this Schedule of Payments is one document titled Exhibit B which outlines potential
reimbursements to the Entity as well as important information concerning the reimbursement process
Project Title
Project Budget
Night Vision
$12,317
Forensic Crime Lab
$11,951
Exhibit B
The total amount to be paid to ENTITY is on a reimbursement basis which means ENTITY first has to
upfront all costs associated with the project. ENTITY will not be reimbursed until ENTITY first files with
COUNTY for reimbursement, COUNTY then files for reimbursement with the City of Miami and COUNTY
receives reimbursement payment. ENTITY shall submit request for reimbursement with all supporting
documentation to the COUNTY Representative no later than April 30, 2014. ENTITY further understands
and acknowledges that in the event the COUNTY does not receive sufficient reimbursement payment
funds from the City of Miami the COUNTY shall have no obligation to make payment to ENTITY.