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Agenda 05-06-14 Searchable The City of The City of Boynton Beach Boynton Beach 100 E. Boynton Beach Boulevard ● (561) 742-6000 TUESDAY, MAY 6, 2014 6:30 PM FINAL AGENDA City Commission AGENDA Jerry Taylor Mayor – At Large Joe Casello Vice Mayor – District IV David T. Merker Commissioner – District I Mack McCray Commissioner – District II Michael M. Fitzpatrick Commissioner – District Ill Lori LaVerriere City Manager James Cherof City Attorney Janet M. Prainito City Clerk Visit our Web site www.boynton–beach.org Breeze into Boynton Beach – America’s Gateway to the Gulfstream 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, presentations and first reading of Ordinances – Time Limit – Three (3) minutes ADDRESSING THE COMMISSION: When addressing the Commission, please step up to either podium and state, for the record, your name and address. 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 pagers and cellular phones in the City Commission Chambers while the City Commission Meeting is in session. City Commission meetings are held in the Boynton Beach City Commission Chambers, 100 East Boynton Beach Boulevard, Boynton Beach. All regular meetings are held typically on the first and third Tuesdays of every month, starting at 6:30 p.m. (Please check the Agenda Schedule – some meetings have been moved due to Holidays/Election Day). 2 of 451 1. OPENINGS A. Call to order - Mayor Jerry Taylor B. Invocation C. Pledge of Allegiance to the Flag led by Commissioner Merker D. Brand Promise Statement E. Agenda Approval: 1. Additions, Deletions, Corrections 2. Adoption 2. OTHER A. Informational Items by Members of the City Commission 3. ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS A. Present Tribute to the family of Jack McVey B. Announce Treasure Coast Regional Planning Council Public Workshop to discuss the Town Square Plan Update on 5/17/14 in the City's Library Program Room from 9:30 a.m. to 3:00 p.m. C. Proclaim May 2014 as Asthma Awareness Month D. Proclaim the month of May, 2014 as Building Safety Month. Accepting the proclamation on behalf of the City of Boynton Beach is Patsy Grissom, Development Services Supervisor. E. Proclaim May 4th thru May 10th, 2014 as Municipal Clerks Week. Janet M. Prainito, Master Municipal Clerk for the City of Boynton Beach will accept the Proclamation. F. Proclaim May, 2014 as Better Hearing Month. Accepting the Proclamation on behalf of Hearing Partners of South Florida will be Dr. Deborah Kroll, Doctor of Audiology G. Proclaim May 17, 2014 as Poppy Day. Accepting the Proclamation will be Patricia Maupin, President of American Legion Post 164 of Boynton Beach. H. Proclaim the month of May as "National Preservation Month". The proclamation will be accepted by Warren Adams, Historic Preservation Planner, followed by a brief presentation on the progress of the City's Historic Preservation Program. 3 of 451 I. Announcement by Wally Majors, Recreation and Parks Director, of the "Crazy Games for Kids" event, to be held at Barrier Free Park on Saturday, May 17 from 10 a.m. to 12 noon J. Presentation of the annual “Bob Borovy Student Citizen of the Year Award" by members of the Education and Youth Advisory Board K. Presentation of the annual Youth Volunteer Bank awards by members of the Education & Youth Advisory Board. 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. Appoint eligible members of the community to serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 regulars Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board: 2 regulars and 1 alternate Library Board: 2 alternates Recreation and Parks Board: 2 alternates Veterans Advisory Commission: 2 alternates 6. CONSENT AGENDA Matters in this section of the Agenda are proposed and recommended by the City Manager for "Consent Agenda" approval of the action indicated in each item, with all of the accompanying material to become a part of the Public Record and subject to staff comments A. Approve purchase of a Digital Evidence Management System (ADAMS) from Foray Technologies of San Diego, CA in the amount of $38,510.00 through piggy-backing of Schedule 70 of the General Services Administration (GSA) Contract #GS-35F-0406T, as permitted by the City's purchasing policies. This purchase will be paid from Federal Forfeiture funds. B. Accept the FY 2013 -14 Budget Status Report of the General Fund & Utility Fund for the six (6) month period ended March 31, 2014. 4 of 451 C. Approve request of C&T Breakfast and Lunch, dba The East Ocean Avenue Café, for a Sidewalk Café permit. Applicant: Ms. Cindy Sumlin, operator of The East Ocean Avenue Cafe, 412 East Ocean Avenue. PROPOSED RESOLUTION NO. R14-035 D. - Approve and authorize signing of an Agreement for Water Service outside the City Limits with the Haitian Bethel Baptist Church Inc., for the property at 7501 High Ridge Road, Hypoluxo, FL. PROPOSED RESOLUTION NO. R14-036 E. - Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with G4S Secure Solutions, (USA) Inc. PROPOSED RESOLUTION NO. R14-037 F. - Approve a piggy-back to the Town of Davie, Florida Agreement with Novusolutions for the Implementation of Agenda Automated Workflow Software Solutions, and authorize the City Manager to execute an agreement with Novusolutions of Tampa, FL. for a first year cost of $8,550 with subsequent annual fees of $7,800. PROPOSED RESOLUTION NO. R14-038 G. - Accept the offer of $5,120 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for Cesar Rodriguez of 19 Crossings Circle #C, Boynton Beach, Florida, 33435, in the amount of $64,000 PROPOSED RESOLUTION NO. R14-039 H. - Accept the offer of $4,500 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for David and Alexis Massey of 8 Via de Cases Sur, #103, Boynton Beach, Florida, 33426, in the amount of $45,000 PROPOSED RESOLUTION No. R14-040 I. - Authorize the City Manager to sign the First Addendum to the "Utilities Department Two Year Janitorial Services Contract", Bid No. 037-2821-11/CJD with United States Service Industries (USSI) for the renewal term including a 2% increase in pricing resulting in an annual cost of $26,768.88 PROPOSED RESOLUTION NO. R14-041 J. - Authorize the City Manager to enter into an agreement with Kimley-Horn and Associates, Inc. of Delray Beach, FL for "CONSULTANT SERVICES TO MODIFY THE GREENWAY AND BIKEWAY MASTER PLAN" as a result of RFQ #023-2730-14/JMA in the amount of $70,785. K. Approve the minutes from the Regular City Commission meeting held on April 16, 2014 L. Consent to Palm Beach County's assignment of its lease agreement with the City for property located at 909 NE 3rd St. to Lutheran Services Florida Inc. for the purpose of continued operation of the Head Start program. 5 of 451 7. BIDS AND PURCHASES OVER $100,000 A. Approve utilizing Xylem Water Solutions USA, Inc. for purchase of pumps, parts and service as a Sole Source vendor of Flygt pumps, parts and service for the Fiscal Year 2013-2014. This includes expenditures for parts and the repair and replacement of lift station pumps in the amount of $113,720; and purchase of three pumps in the amount of $93,780; and an anticipated expenditure of $60,000 on an "As Needed Basis" for replacement pumps, parts and service through the end of the fiscal year, for a estimated total expense of $267,500 8. CODE COMPLIANCE & LEGAL SETTLEMENTS None 9. PUBLIC HEARING 7 P.M. OR AS SOON THEREAFTER AS THE AGENDA PERMITS The City Commission will conduct these public hearings in its dual capacity as Local Planning Agency and City Commission. None 10. CITY MANAGER’S REPORT PROPOSED RESOLUTION NO. R14-042 A. - Establishing the Energy Edge Energy Efficiency Rebate Program, utilizing funds collected through the City's Green Building Fee (Strategic Plan Action Item 4.4; Climate Action Plan Initiatives 4.1.1.16 & 4.3.1; SE FL Regional Climate Compact CAP EF-1 11. UNFINISHED BUSINESS None 12. NEW BUSINESS None 13. LEGAL A. Consider alternately worded ordinances amending the City Charter regarding term limits. B. Pursuant to Section 286.011(8), Florida Statutes, a private attorney-client session of the City Commission is requested to discuss pending litigation in the following cases: 1. BELINDA LESTER, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 13-CV-80043-Ryskamp/Hopkins (False arrest, excessive force) 6 of 451 2. CLIFFORD HENFIELD, Plaintiff, vs. CITY OF BOYNTON BEACH, et al., Defendants - Case No. 2013CA002667XXXXMB AB (False arrest, malicious prosecution, excessive force) C. Conduct review of bid protest and determine if bid protest warrants reversal of City's notice of intended bid award. 14. FUTURE AGENDA ITEMS A. Commission review and approval of Community Development Block Grant One-Year Action Plan including applicants for funding - June 3, 2014 B. Budget Workshop dates/times for FY 14/15 Operating and Capital Budget - Monday – 7/21/14 Beginning at 2:00 p.m.; Tuesday – 7/22/14 Beginning at 10:00 a.m.; Wednesday – 7/23/14 Beginning at 2:00 p.m. (if needed) in City Library Program Room. C. Discussion on increasing the Park and Recreation Impact Fee requirement for park land to six acres per thousand residents - 5/20/14 D. Beginning July 7, 2014, City Hall hours of operation will be Monday through Friday, 8 a.m. to 5 p.m. 15. BRAND PROMISE STATEMENT "BREEZE INTO BOYNTON BEACH - AMERICA'S GATEWAY TO THE GULFSTREAM" 16. ADJOURNMENT NOTICE IF A PERSON DECIDES TO APPEAL 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 PROCEEDING IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. (F.S. 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 CLERK'S OFFICE (561) 742-6060 AT LEAST TWENTY-FOUR HOURS PRIOR TO THE PROGRAM OR ACTIVITY IN ORDER FOR THE CITY TO REASONABLY ACCOMMODATE YOUR REQUEST. ADDITIONAL AGENDA ITEMS MAY BE ADDED SUBSEQUENT TO THE PUBLICATION OF THE AGENDA ON THE CITY'S WEB SITE. INFORMATION REGARDING ITEMS ADDED TO THE AGENDA AFTER IT IS PUBLISHED ON THE CITY'S WEB SITE CAN BE OBTAINED FROM THE OFFICE OF THE CITY CLERK. 7 of 451 3. A ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Present Tribute to the family of Jack McVey EQUESTED CTION BY ITY OMMISSION ER: The purpose of this Tribute is to acknowledge Jack McVey’s XPLANATION OF EQUEST service to the community and his invaluable service to the City of Boynton Beach for more than 10 years on City advisory boards. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: The alternative would be to not issue this Tribute. LTERNATIVES 8 of 451 TRIBUTE Jack McVey, having led the East Boynton Beach Little League for over 15 years, was a pillar within the City of Boynton Beach and will be missed by the community he served. Jack McVey was a Norwalk, Connecticut native who lived in Boynton Beach for almost 20 years. He worked for 17 years as a regional sales manager for Broward Paper & Packing and when not working, Jack loved a good baseball game. Jack served as the East Boynton Beach Little League president from 1997 until 2012. In 2003, he led the team to one of its most memorable victories – a national championship. That win skyrocketed enrollment in the East Boynton Beach Little League by 83 percent increasing the number of players from 180 to 330. By 2013, enrollment increased to more than 700 participants. As an excellent leader for the East Boynton Beach Little League, Jack would umpire games, cut the grass and rake the fields. America’s pastime was his pastime. Because of his efforts and leadership, the East Boynton Beach Little League was very successful and was known as the best league in the county. In addition to his involvement with Little League, Jack McVey was an active participant on the Recreation and Parks Board for 10 years. He voluntarily served on the Recreation and Parks Board from 2004 through 2014, providing invaluable input. Jack McVey had an extremely positive impact on the City of Boynton Beach community and we were fortunate to have partnered with him. NOW THEREFORE , it is fitting and appropriate that the City of Boynton Beach recognize JACK MC VEY for his dedication and service to the citizens of Boynton Beach. IN WITNESS WHEREOF , I have set hereunto my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida, the 6th day of May, 2014. __________________________________ Jerry Taylor, Mayor ATTEST: ______________________________________ Janet M. Prainito, MMC City Clerk 9 of 451 (Corporate Seal) 10 of 451 3. B ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announce Treasure Coast Regional Planning EQUESTED CTION BY ITY OMMISSION Council Public Workshop to discuss the Town Square Plan Update on 5/17/14 in the City's Library Program Room from 9:30 a.m. to 3:00 p.m. ER: The City of Boynton Beach, the Boynton Beach CRA, and the XPLANATION OF EQUEST Treasure Coast Regional Planning Council will be conducting a public workshop on Saturday, th May 17, 2014, from 9:30 am until 3:00 pm to explore potential redevelopment opportunities for the Boynton Beach Town Center. The Boynton Beach Town Center is located in the four block area bounded by Boynton Beach nd Boulevard to the north, SE 2 Avenue to the south, South Seacrest Boulevard to the west, and st SE 1 Street to the east. The area is currently home to the Boynton Beach City Hall, Police Station, Library, Community Center, Arts Center, Madsen Center (shuffle board courts), the historic Children’s Museum, and the historic Boynton Beach High School. Significant discussions regarding the future of these buildings and uses are ongoing and the City and CRA want your input on how to move forward. After a brief introductory presentation outlining observations of the area and objectives for the workshop, participants will be asked to provide their vision for the future of this important civic complex. It is very important that the city, CRA, and regional planning council gain as much public input as possible before developing specific recommendations for city council consideration. We hope to see you there. H? tbd OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 11 of 451 FI: tbd ISCAL MPACT A: LTERNATIVES 12 of 451 3. C ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim May 2014 as Asthma Awareness Month EQUESTED CTION BY ITY OMMISSION ER: The purpose of this Proclamation is to bring awareness of XPLANATION OF EQUEST this affliction that affects so many in our community and to highlight how to reduce environmental triggers to help eliminate exposure. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: The alternative would be to not present this Proclamation. LTERNATIVES 13 of 451 P R O C L A M A T I O N WHEREAS , asthma has reached epidemic proportions in the United States, affecting about 15 million people and each year two million people are rushed to the emergency room and 5,000 people die from asthma; and WHEREAS , asthma is the leading cause of childhood hospitalizations, long-term illness, and school absenteeism, accounting for more than 10 million missed school days each year; and WHEREAS , asthma is a long-term, inflammatory disease in which the airways of the lungs constrict, causing wheezing, breathlessness, chest tightness and coughing and exposure to allergens and irritants such as dust mites, mold, cockroaches, pet dander, and secondhand smoke can bring on an asthma episode; and WHEREAS , there are simple steps people can take to reduce their exposure to environmental asthma triggers; and WHEREAS , the City of Boynton Beach and the U. S. Environmental Protection Agency are encouraging Americans to identify and reduce their exposure to environmental triggers in homes and schools and incorporate environmental controls in order to manage asthma in their everyday lives. NOW, THEREFORE, I, Jerry Taylor, by virtue of the authority vested in me as Mayor of the City of Boynton Beach, Florida, hereby proclaim May 2014 as: ASTHMA AWARENESS MONTH IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the City of Boynton Beach, Florida, to be affixed at Boynton Beach, Florida in May 6, Two Thousand and Fourteen. Jerry Taylor, Mayor ATTEST: _________________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 14 of 451 3. D ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: 05/06/2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the month of May, 2014 as Building EQUESTED CTION BY ITY OMMISSION Safety Month. Accepting the proclamation on behalf of the City of Boynton Beach is Patsy Grissom, Development Services Supervisor. ER: The Development Department Building Division requests XPLANATION OF EQUEST that the City Commission declare the month of May as Building Safety Month in order to help promote citizen awareness of building safety, energy efficiency, water conservation and sustainability. H? Raise citizen awareness of building OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES safety, energy efficiency, water conservation and sustainability. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 15 of 451 PROCLAMATION WHEREAS , building safety and fire prevention officials, architects, engineers, builders, and others in the construction industry develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn; and WHEREAS , the Florida Building Codes adopted and used by the State of Florida include safeguards to protect the public from natural disasters that can occur such as hurricanes, tornadoes, wildfires, and flooding; and WHEREAS , Building Safety Month represents an excellent opportunity to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and WHEREAS , countless lives have been saved because of the building safety codes adopted and enforced by local and state agencies; and WHEREAS, this year, as we observe Building Safety Month, we ask all Boynton residents to recognize their local building safety and fire prevention officials and the important roles they play in public safety, everyday and in times of disaster; NOW, THEREFORE, I Jerry Taylor, Mayor of the City of Boynton Beach, do hereby proclaim the month of May 2014, as BUILDING SAFETY MONTH And encourage our citizens to join with their communities in participation in Building Safety Month activities. th IN WITNESS WHEREOF , I have hereunto set my hand this 6 day of May, in the year two thousand fourteen. _____________________________ Jerry Taylor, Mayor ATTEST: ______________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 16 of 451 3. E ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim May 4th thru May 10th, 2014 as Municipal EQUESTED CTION BY ITY OMMISSION Clerks Week. Janet M. Prainito, Master Municipal Clerk for the City of Boynton Beach will accept the Proclamation. ER: The purpose of this Proclamation is to recognize the XPLANATION OF EQUEST accomplishments of the Office of the Municipal Clerk. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: The alternative would be to not present this Proclamation. LTERNATIVES 17 of 451 18 of 451 3. F ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim May, 2014 as Better Hearing Month. EQUESTED CTION BY ITY OMMISSION Accepting the Proclamation on behalf of Hearing Partners of South Florida will be Dr. Deborah Kroll, Doctor of Audiology ER: The purpose of this Proclamation is to recognize the efforts XPLANATION OF EQUEST of all who work to eliminate or minimize the isolating effects of communication disorders in the one in five families affected by them. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: The alternative would be to not present this Proclamation. LTERNATIVES 19 of 451 20 of 451 3. G ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim May 17, 2014 as Poppy Day. Accepting EQUESTED CTION BY ITY OMMISSION the Proclamation will be Patricia Maupin, President of American Legion Post 164 of Boynton Beach. ER: The purpose of this Proclamation is to recognize the Poppy XPLANATION OF EQUEST is a memorial flower dedicated to those who died in the first World War and as such was the one touch of beauty that survived amid the destruction of war in the battlefields of France and Flanders. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: N/A ISCAL MPACT A: The alternative would be to not present this Proclamation. LTERNATIVES 21 of 451 22 of 451 3. H ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Proclaim the month of May as "National EQUESTED CTION BY ITY OMMISSION Preservation Month". The proclamation will be accepted by Warren Adams, Historic Preservation Planner, followed by a brief presentation on the progress of the City's Historic Preservation Program. ER: Since the National Trust for Historic Preservation created XPLANATION OF EQUEST Preservation Week in 1971 to spotlight grassroots preservation efforts in America, it has grown into an annual celebration observed by small towns and big cities with events ranging from architectural and historic tours and award ceremonies, to fundraising events, educational programs and heritage travel opportunities. Due to its overwhelming popularity, in 2005, the National Trust for Historic Preservation extended the celebration to the entire month of May and declared it Preservation Month to provide an even longer opportunity to celebrate the diverse and unique heritage of our country’s cities and states and enable more Americans to become involved in the growing preservation movement. The attached proclamation is a demonstration of the City’s commitment to recognize, understand, and preserve its past. H? The proclamation will help raise OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES public awareness of the City Historic Preservation Program. FI: None. ISCAL MPACT A: None recommended. LTERNATIVES 23 of 451 P R O C L A M A T I O N WHEREAS , historic preservation is an effective tool for managing growth and sustainable development, revitalizing neighborhoods, fostering local pride and maintaining community character while enhancing livability; and WHEREAS , historic preservation is relevant for communities across the nation, both urban and rural, and for Americans of all ages, all walks of life and all ethnic backgrounds; and WHEREAS , it is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and WHEREAS , National Preservation Month 2014 is co-sponsored by the City of Boynton Beach and the National Trust for Historic Preservation. NOW, THEREFORE, I, Jerry Taylor, Mayor of the City of Boynton Beach, do proclaim May 2014 as National Preservation Month and call upon the people of Boynton Beach to join their fellow citizens across the United States in recognizing and participating in this special observance. th IN WITNESS WHEREOF , I have hereunto set my hand this 6 day of May, in the year two thousand fourteen. ____________________________________ Jerry Taylor, Mayor ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 24 of 451 3. I ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Announcement by Wally Majors, Recreation and EQUESTED CTION BY ITY OMMISSION Parks Director, of the "Crazy Games for Kids" event, to be held at Barrier Free Park on Saturday, May 17 from 10 a.m. to 12 noon ER: As part of the Play Outdoors…Unplugged series of XPLANATION OF EQUEST events, the Recreation & Parks Department wishes to extend an invitation to the “Crazy Games for Kids” event. This series of events are intended to provide our community opportunities for healthy and fun activities that will motivate people to keep moving and smiling. Crazy Games is an exciting children’s fitness program that will inspire them to be active. Children will participate in parachute races, jumbo basketball games, gladiator, hopper ball races and much more!! FI: Expenses are included in the Department’s operating budget. ISCAL MPACT A: Do not make the announcement. LTERNATIVES 25 of 451 3. J ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of the annual “Bob Borovy Student EQUESTED CTION BY ITY OMMISSION Citizen of the Year Award" by members of the Education and Youth Advisory Board. ER: The Bob Borovy Student Citizen of the Year Award was XPLANATION OF EQUEST created in 2000 to recognize a graduating high school senior who best epitomizes the spirit of volunteerism and giving to the community as exemplified by the late Bob Borovy. A United States Veteran and former Advisory Board on Children and Youth member, Mr. Borovy was an active citizen of the Boynton Beach community for many years. The award recipient will receive $1,000 and have his/her name placed on a permanent plaque at City Hall. H? In order to apply, students must be OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES graduating high school seniors who are residents of the City of Boynton Beach, submit three letters of recommendation, complete an essay and provide documentation of their volunteer work. The winner is chosen by a panel of judges, including last year’s award recipient. FI: The award is sponsored by the Education & Youth Advisory Board and ISCAL MPACT is funded through donations. A: N/A LTERNATIVES 26 of 451 3. K ANNOUNCEMENTS, COMMUNITY & SPECIAL EVENTS & PRESENTATIONS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Presentation of the annual Youth Volunteer Bank EQUESTED CTION BY ITY OMMISSION awards by members of the Education & Youth Advisory Board. ER: The Youth Volunteer Bank was created in 1997 to promote XPLANATION OF EQUEST youth volunteerism, community involvement and reward youth who participate. The program is a cooperative effort between the Recreation & Parks Department, Education & Youth Advisory Board, local businesses and schools and youth volunteers. H? Since 1998, youth volunteers have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES recorded almost 59,000 volunteer hours and the program has awarded over $22,500 in savings bonds and prizes. FI: The awards are sponsored by the Education & Youth Advisory Board ISCAL MPACT and the program is funded through donations. A: N/A LTERNATIVES 27 of 451 5. A ADMINISTRATIVE May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Appoint eligible members of the community to EQUESTED CTION BY ITY OMMISSION serve in vacant positions on City advisory boards. The following openings exist: Arts Commission: 2 regulars Building Board of Adjustment and Appeals: 1 regular and 2 alternates Cemetery Board: 1 alternate Education & Youth Advisory Board: 1 student and 1 student N/V Financial Advisory Committee: 2 regulars and 2 alternates Golf Course Advisory Committee: 1 alternate Historic Resource Preservation Board: 2 regulars and 1 alternate Library Board: 2 alternates Recreation and Parks Board: 2 alternates Veterans Advisory Commission: 2 alternates . ER: The attached list contains the names of those who have XPLANATION OF EQUEST applied for vacancies on the various Advisory Boards. A list of vacancies is provided with the designated Commission member having responsibility for the appointment to fill each vacancy. H? Appointments are necessary to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES keep our Advisory Boards full and operating as effectively as possible. FI: None ISCAL MPACT A: Allow vacancies to remain unfilled. LTERNATIVES 28 of 451 29 of 451 30 of 451 31 of 451 32 of 451 33 of 451 34 of 451 35 of 451 36 of 451 6. A CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve purchase of a Digital Evidence EQUESTED CTION BY ITY OMMISSION Management System (ADAMS) from Foray Technologies of San Diego, CA in the amount of $38,510.00 through piggy-backing of Schedule 70 of the General Services Administration (GSA) Contract #GS-35F-0406T, as permitted by the City's purchasing policies. This purchase will be paid from Federal Forfeiture funds. ER: The Boynton Beach Police Department is requesting XPLANATION OF EQUEST approval to purchase the Foray Technologies ADAMS system to improve the department’s digital evidence storage capacity and tracking in the evidence unit. The Police Department seeks to update the current method of collection, storage, and maintenance of a variety of digital evidence produced and collected during the course of a wide range of criminal investigations. The current method of storage is on writeable CD/DVD’s which has been found to be inefficient, costly, and at times unreliable. We are seeking a software solution that will secure, organize, and maintain access and chain of custody of digital files on a network accessible database. It is our goal that in the future to use such a product to facilitate sharing of this digital evidence with the State Attorney’s Office and defense attorneys requesting such evidence through discovery. H? This will greatly increase the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES department’s productivity, reliability, and security of digital evidence. This type of evidence has become vital in the criminal justice system. 37 of 451 FI: The total cost of the ADAMS system is $38,510.00. This includes user ISCAL MPACT licenses, software licenses, installation and on-site training. Funding is available from the Federal forfeiture account 691-0000-590-0422 which currently has $236,842.00 in the account. A: Do not approve this purchase and continue to store digital evidence in LTERNATIVES the current manner. 38 of 451 39 of 451 40 of 451 41 of 451 42 of 451 43 of 451 44 of 451 45 of 451 46 of 451 47 of 451 48 of 451 49 of 451 50 of 451 51 of 451 52 of 451 AUTHORIZED INFORMATION TECHNOLOGY SCHEDULE PRICELIST GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, SOFTWARE AND SERVICES Foray Technologies is the developer of a comprehensive suite of sophisticated software that provides physical and digital evidence management and chain of custody solutions to law enforcement professionals. The company provides a wide range of software tools for the collection, management, and processing of physical and digital evidence. Special Item No. 132-8 Purchase of New Equipment Special Item No. 132-12 Equipment Maintenance Special Item No. 132-33 Perpetual Software Licenses Special Item No. 132-34 Maintenance of Software as a Service Special Item No. 132-50 Training Courses Note: All non-professional labor categories must be incidental to and used solely to support hardware, software and/or professional services, and cannot be purchased separately. SPECIAL ITEM NUMBER 132-8 PURCHASE OF NEW EQUIPMENT FSC CLASS 7010 - SYSTEM CONFIGURATION End User Computers/Desktop Computers Professional Workstations Servers Laptop/Portable/Notebook Computers Large Scale Computers Optical and Imaging Systems Other Systems Configuration Equipment, Not Elsewhere Classified FSC CLASS 7025 - INPUT/OUTPUT AND STORAGE DEVICES Printers Display Graphics, including Video Graphics, Light Pens, Digitizers, Scanners, and Touch Screens Network Equipment Other Communications Equipment Optical Recognition Input/Output Devices Storage Devices including Magnetic Storage, Magnetic Tape Storage and Optical Disk Storage Other Input/Output and Storage Devices, Not Elsewhere Classified NOTE: Installation must be incidental to, in conjunction with and in direct support of the products sold under SIN 132-8 of this contract and cannot be purchased separately. If the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act apply. In applying the Davis-Bacon Act, ordering activities are required to incorporate wage rate determinations into orders, as applicable. SPECIAL ITEM NUMBER 132-12 - EQUIPMENT MAINTENANCE FSC/PSC Class J070 - Maintenance and Repair Service)(Repair Parts/Spare Parts - See FSC Class for basic equipment) FSC/PSC Class J058 – Maintenance and Repair of Communication Equipment - Maintenance - Repair Service 53 of 451 - Repair Parts/Spare Parts - Third Party Maintenance SPECIAL ITEM NUMBER 132-33 - PERPETUAL SOFTWARE LICENSES Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web- based general technical support for user’s self diagnostics. Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service. FSC CLASS 7030 - INFORMATION TECHNOLOGY SOFTWARE Large Scale Computers Operating System Software Application Software Electronic Commerce (EC) Software Utility Software Communications Software Core Financial Management Software Ancillary Financial Systems Software Special Physical, Visual, Speech, and Hearing Aid Software Microcomputers Operating System Software Application Software Electronic Commerce (EC) Software Utility Software Communications Software Core Financial Management Software Ancillary Financial Systems Software Special Physical, Visual, Speech, and Hearing Aid Software NOTE: Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. 54 of 451 SPECIAL ITEM NUMBER 132-34 - MAINTENANCE OF SOFTWARE AS A SERVICE Software maintenance as a service creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate: telephone support, on- line technical support, customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C. 3324. SPECIAL ITEM NUMBER 132-50 - TRAINING COURSES (FPDS Code U012) Foray Technologies, LLC th 3911 5 Ave, Suite 300 San Diego, CA 92103 http://www.foray.com GS-35F-0406T Contract Number: Period Covered by Contract: April 26, 2012 to April 25, 2017 General Services Administration Federal Acquisition Service Pricelist current through Modification #1, dated October 22, 2008. Products and ordering information in this Authorized Information Technology Schedule Pricelist are also available on the GSA Advantage! System (http://www.gsaadvantage.gov). 55 of 451 Table of Contents INFORMATION FOR ORDERING ACTIVITIES .................................................................... 57 TERMS AND CONDITIONS .................................................................................................... 65 TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY NEW EQUIPMENT(SPECIAL ITEM NUMBER 132-8) ............................................................................................................................................................. 65 TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT (SPECIAL ITEM NUMBER 132-12) ................................................................................... 67 TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33) AND MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE ........................................................... 72 TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF TRAINING COURSES FOR GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE (SPECIAL ITEM NUMBER 132-50) ..................................................................................... 76 USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS ................................................................................................ 78 PRICE LIST .............................................................................................................................. 79 SIN 132-8 ....................................................................................................................................................... 79 SIN 132-12 ..................................................................................................................................................... 81 SIN 132-33 ..................................................................................................................................................... 81 SIN 132-34 ..................................................................................................................................................... 82 SIN 132-50 ..................................................................................................................................................... 82 BEST VALUE BLANKET PURCHASE AGREEMENT FEDERAL SUPPLY SCHEDULE .... 83 BASIC GUIDELINES FOR USING “CONTRACTOR TEAM ARRANGEMENTS” .............. 86 56 of 451 INFORMATION FOR ORDERING ACTIVITIES APPLICABLE TO ALL SPECIAL ITEM NUMBERS SPECIAL NOTICE TO AGENCIES: Small Business Participation SBA strongly supports the participation of small business concerns in the Federal Acquisition Service. To enhance Small Business Participation SBA policy allows agencies to include in their procurement base and goals, the dollar value of orders expected to be placed against the Federal Supply Schedules, and to report accomplishments against these goals. For orders exceeding the micropurchase threshold, FAR 8.404 requires agencies to consider the catalogs/pricelists  of at least three schedule contractors or consider reasonably available information by using the GSA Advantage!  on-line shopping service (www.gsaadvantage.gov). The catalogs/pricelists, GSA Advantage! and the Federal Acquisition Service Home Page (www.gsa.gov/fas) contain information on a broad array of products and services offered by small business concerns. This information should be used as a tool to assist ordering activities in meeting or exceeding established small business goals. It should also be used as a tool to assist in including small, small disadvantaged, and women-owned small businesses among those considered when selecting pricelists for a best value determination. For orders exceeding the micropurchase threshold, customers are to give preference to small business concerns when two or more items at the same delivered price will satisfy their requirement. 1. GEOGRAPHIC SCOPE OF CONTRACT: Domestic delivery is delivery within the 48 contiguous states, Alaska, Hawaii, Puerto Rico, Washington, DC, and U.S. Territories. Domestic delivery also includes a port or consolidation point, within the aforementioned areas, for orders received from overseas activities. Overseas delivery is delivery to points outside of the 48 contiguous states, Washington, DC, Alaska, Hawaii, Puerto Rico, and U.S. Territories. Offerors are requested to check one of the following boxes: [ X ] The Geographic Scope of Contract will be domestic and overseas delivery. [ ] The Geographic Scope of Contract will be overseas delivery only. [ ] The Geographic Scope of Contract will be domestic delivery only. For Special Item Number 132-53 Wireless Services ONLY, if awarded, list the limited geographic coverage area: __________________________________________________________________________________________ 2. CONTRACTOR’S ORDERING ADDRESS AND PAYMENT INFORMATION: Foray Technologies th 3911 5 Ave, Suite 300 San Diego, CA 92103 http://www.foray.com Contractor must accept the credit card for payments equal to or less than the micro- purchase for oral or written orders under this contract. The Contractor and the ordering agency may agree to use the credit card for dollar amounts over the micro-purchase threshold (See GSAR 552.232-79 Payment by Credit Card). In addition, bank account information for wire transfer payments will be shown on the invoice. The following telephone number(s) can be used by ordering activities to obtain technical and/or ordering assistance: (619) 858-1360 3. LIABILITY FOR INJURY OR DAMAGE The Contractor shall not be liable for any injury to ordering activity personnel or damage to ordering activity property arising from the use of equipment maintained by the Contractor, unless such injury or damage is due to the fault or negligence of the Contractor. 57 of 451 4. STATISTICAL DATA FOR GOVERNMENT ORDERING OFFICE COMPLETION OF STANDARD FORM 279: Block 9: G. Order/Modification Under Federal Schedule Contract Block 16: Data Universal Numbering System (DUNS) Number: 14-245-2981 Block 30: Type of Contractor: B A. Small Disadvantaged Business B. Other Small Business C. Large Business G. Other Nonprofit Organization L. Foreign Contractor Block 31: Woman-Owned Small Business - No Block 37: Contractor's Taxpayer Identification Number (TIN): 20-049-1220 Block 40: Veteran Owned Small Business (VOSB): _____________ A: Service Disabled Veteran Owned Small Business B: Other Veteran Owned Small Business 4a. CAGE Code: 3Y8J1 4b. Contractor has registered with the Central Contractor Registration Database. 5. FOB DESTINATION 6. DELIVERY SCHEDULE a. TIME OF DELIVERY: The Contractor shall deliver to destination within the number of calendar days after receipt of order (ARO), as set forth below: SPECIAL ITEM NUMBER DELIVERY TIME (Days ARO) URGENT DELIVERY 132-3 60 Days 28 Days 132-8 60 Days 28 Days 132-33 2 Days 1 Day NOTE: There is an additional cost for all urgent delivery times. The additional cost will be negotiated between Foray Technologies and the customer depending on the actual required urgent delivery time. b. URGENT REQUIREMENTS: When the Federal Supply Schedule contract delivery period does not meet the bona fide urgent delivery requirements of an ordering activity, ordering activities are encouraged, if time permits, to contact the Contractor for the purpose of obtaining accelerated delivery. The Contractor shall reply to the inquiry within 3 workdays after receipt. (Telephonic replies shall be confirmed by the Contractor in writing.) If the Contractor offers an accelerated delivery time acceptable to the ordering activity, any order(s) placed pursuant to the agreed upon accelerated delivery time frame shall be delivered within this shorter delivery time and in accordance with all other terms and conditions of the contract. 7. DISCOUNTS: Prices shown are NET Prices; Basic Discounts have been deducted. a. Prompt Payment: 1% - 10 days from receipt of invoice or date of acceptance, whichever is later. b. Quantity c. Dollar Volume d. Other Special Discounts (i.e. Government Education Discounts, etc.) 58 of 451 8. TRADE AGREEMENTS ACT OF 1979, as amended: All items are U.S. made end products, designated country end products, Caribbean Basin country end products, Canadian end products, or Mexican end products as defined in the Trade Agreements Act of 1979, as amended. 9. STATEMENT CONCERNING AVAILABILITY OF EXPORT PACKING: 10. Small Requirements: The minimum dollar of orders to be issued is $100. 11. MAXIMUM ORDER (All dollar amounts are exclusive of any discount for prompt payment.) a. The Maximum Order for the following Special Item Numbers (SINs) is $500,000: Special Item Number 132-8 - Purchase of Equipment Special Item Number 132-12 - Equipment Maintenance Special Item Number 132-33 - Perpetual Software Licenses Special Item Number 132-34 - Maintenance of Software as a Service b. The Maximum Order for the following Special Item Numbers (SINs) is $25,000: Special Item Number 132-50 - Training Courses 12. ORDERING PROCEDURES FOR FEDERAL SUPPLY SCHEDULE CONTRACTS Ordering activities shall use the ordering procedures of Federal Acquisition Regulation (FAR) 8.405 when placing an order or establishing a BPA for supplies or services. These procedures apply to all schedules. a. FAR 8.405-1 Ordering procedures for supplies, and services not requiring a statement of work. b. FAR 8.405-2 Ordering procedures for services requiring a statement of work. 13. FEDERAL INFORMATION TECHNOLOGY/TELECOMMUNICATION STANDARDS REQUIREMENTS: ordering activities acquiring products from this Schedule must comply with the provisions of the Federal Standards Program, as appropriate (reference: NIST Federal Standards Index). Inquiries to determine whether or not specific products listed herein comply with Federal Information Processing Standards (FIPS) or Federal Telecommunication Standards (FED-STDS), which are cited by ordering activities, shall be responded to promptly by the Contractor. 13.1 FEDERAL INFORMATION PROCESSING STANDARDS PUBLICATIONS (FIPS PUBS): Information Technology products under this Schedule that do not conform to Federal Information Processing Standards (FIPS) should not be acquired unless a waiver has been granted in accordance with the applicable "FIPS Publication." Federal Information Processing Standards Publications (FIPS PUBS) are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Information concerning their availability and applicability should be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Road, Springfield, Virginia 22161. FIPS PUBS include voluntary standards when these are adopted for Federal use. Individual orders for FIPS PUBS should be referred to the NTIS Sales Office, and orders for subscription service should be referred to the NTIS Subscription Officer, both at the above address, or telephone number (703) 487-4650. 13.2 FEDERAL TELECOMMUNICATION STANDARDS (FED-STDS): Telecommunication products under this Schedule that do not conform to Federal Telecommunication Standards (FED-STDS) should not be acquired unless a waiver has been granted in accordance with the applicable "FED-STD." Federal Telecommunication Standards are issued by the U.S. Department of Commerce, National Institute of Standards and Technology (NIST), pursuant to National Security Act. Ordering information and information concerning the availability of FED-STDS should be obtained from the GSA, Federal Acquisition Service, Specification Section, 470 East L’Enfant Plaza, Suite 8100, SW, Washington, DC 20407, telephone number (202)619-8925. Please 59 of 451 include a self-addressed mailing label when requesting information by mail. Information concerning their applicability can be obtained by writing or calling the U.S. Department of Commerce, National Institute of Standards and Technology, Gaithersburg, MD 20899, telephone number (301)975-2833. 14. CONTRACTOR TASKS / SPECIAL REQUIREMENTS (C-FSS-370) (NOV 2003) (a) Security Clearances: The Contractor may be required to obtain/possess varying levels of security clearances in the performance of orders issued under this contract. All costs associated with obtaining/possessing such security clearances should be factored into the price offered under the Multiple Award Schedule. (b) Travel: The Contractor may be required to travel in performance of orders issued under this contract. Allowable travel and per diem charges are governed by Pub .L. 99-234 and FAR Part 31, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the Multiple Award Schedule. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency. The Industrial Funding Fee does NOT apply to travel and per diem charges. (c) Certifications, Licenses and Accreditations: As a commercial practice, the Contractor may be required to obtain/possess any variety of certifications, licenses and accreditations for specific FSC/service code classifications offered. All costs associated with obtaining/ possessing such certifications, licenses and accreditations should be factored into the price offered under the Multiple Award Schedule program. (d) Insurance: As a commercial practice, the Contractor may be required to obtain/possess insurance coverage for specific FSC/service code classifications offered. All costs associated with obtaining/possessing such insurance should be factored into the price offered under the Multiple Award Schedule program. (e) Personnel: The Contractor may be required to provide key personnel, resumes or skill category descriptions in the performance of orders issued under this contract. Ordering activities may require agency approval of additions or replacements to key personnel. (f) Organizational Conflicts of Interest: Where there may be an organizational conflict of interest as determined by the ordering agency, the Contractor’s participation in such order may be restricted in accordance with FAR Part 9.5. (g) Documentation/Standards: The Contractor may be requested to provide products or services in accordance with rules, regulations, OMB orders, standards and documentation as specified by the agency’s order. (h) Data/Deliverable Requirements: Any required data/deliverables at the ordering level will be as specified or negotiated in the agency’s order. (i) Government-Furnished Property: As specified by the agency’s order, the Government may provide property, equipment, materials or resources as necessary. (j) Availability of Funds: Many Government agencies’ operating funds are appropriated for a specific fiscal year. Funds may not be presently available for any orders placed 60 of 451 under the contract or any option year. The Government’s obligation on orders placed under this contract is contingent upon the availability of appropriated funds from which payment for ordering purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are available to the ordering Contracting Officer. (k) Overtime: For professional services, the labor rates in the Schedule should not vary by virtue of the Contractor having worked overtime. For services applicable to the Service Contract Act (as identified in the Schedule), the labor rates in the Schedule will vary as governed by labor laws (usually assessed a time and a half of the labor rate). 15. CONTRACT ADMINISTRATION FOR ORDERING ACTIVITIES: Any ordering activity, with respect to any one or more delivery orders placed by it under this contract, may exercise the same rights of termination as might the GSA Contracting Officer under provisions of FAR 52.212-4, paragraphs (l) Termination for the ordering activity’s convenience, and (m) Termination for Cause (See 52.212-4) 16. GSA ADVANTAGE! GSA Advantage! is an on-line, interactive electronic information and ordering system that provides on-line access to vendors' schedule prices with ordering information. GSA Advantage! will allow the user to perform various searches across all contracts including, but not limited to: (1) Manufacturer; (2) Manufacturer's Part Number; and (3) Product categories. Agencies can browse GSA Advantage! by accessing the Internet World Wide Web utilizing a browser (ex.: NetScape). The Internet address is http://www.gsaadvantage.gov 17. PURCHASE OF OPEN MARKET ITEMS NOTE: Open Market Items are also known as incidental items, noncontract items, non-Schedule items, and items not on a Federal Supply Schedule contract. Ordering Activities procuring open market items must follow FAR 8.402(f). For administrative convenience, an ordering activity contracting officer may add items not on the Federal Supply Multiple Award Schedule (MAS) -- referred to as open market items -- to a Federal Supply Schedule blanket only if purchase agreement (BPA) or an individual task or delivery order, - (1) All applicable acquisition regulations pertaining to the purchase of the items not on the Federal Supply Schedule have been followed (e.g., publicizing (Part 5), competition requirements (Part 6), acquisition of commercial items (Part 12), contracting methods (Parts 13, 14, and 15), and small business programs (Part 19)); (2) The ordering activity contracting officer has determined the price for the items not on the Federal Supply Schedule is fair and reasonable; (3) The items are clearly labeled on the order as items not on the Federal Supply Schedule; and (4) All clauses applicable to items not on the Federal Supply Schedule are included in the order. 18. CONTRACTOR COMMITMENTS, WARRANTIES AND REPRESENTATIONS a. For the purpose of this contract, commitments, warranties and representations include, in addition to those agreed to for the entire schedule contract: (1) Time of delivery/installation quotations for individual orders; 61 of 451 (2) Technical representations and/or warranties of products concerning performance, total system performance and/or configuration, physical, design and/or functional characteristics and capabilities of a product/equipment/ service/software package submitted in response to requirements which result in orders under this schedule contract. (3) Any representations and/or warranties concerning the products made in any literature, description, drawings and/or specifications furnished by the Contractor. b. The above is not intended to encompass items not currently covered by the GSA Schedule contract. c.The maintenance/repair service provided is the standard commercial terms and conditions for the type of products and/or services awarded. 19. OVERSEAS ACTIVITIES The terms and conditions of this contract shall apply to all orders for installation, maintenance and repair of equipment in areas listed in the pricelist outside the 48 contiguous states and the District of Columbia, except as indicated below: Upon request of the Contractor, the ordering activity may provide the Contractor with logistics support, as available, in accordance with all applicable ordering activity regulations. Such ordering activity support will be provided on a reimbursable basis, and will only be provided to the Contractor's technical personnel whose services are exclusively required for the fulfillment of the terms and conditions of this contract. 20. BLANKET PURCHASE AGREEMENTS (BPAs) The use of BPAs under any schedule contract to fill repetitive needs for supplies or services is allowable. BPAs may be established with one or more schedule contractors. The number of BPAs to be established is within the discretion of the ordering activity establishing the BPA and should be based on a strategy that is expected to maximize the effectiveness of the BPA(s). Ordering activities shall follow FAR 8.405-3 when creating and implementing BPA(s). 21. CONTRACTOR TEAM ARRANGEMENTS Contractors participating in contractor team arrangements must abide by all terms and conditions of their respective contracts. This includes compliance with Clauses 552.238-74, Industrial Funding Fee and Sales Reporting, i.e., each contractor (team member) must report sales and remit the IFF for all products and services provided under its individual contract. 22. INSTALLATION, DEINSTALLATION, REINSTALLATION The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8 or 132-9. 23. SECTION 508 COMPLIANCE. I certify that in accordance with 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), FAR 39.2, and the Architectural and Transportation Barriers Compliance Board Electronic 62 of 451 and Information Technology (EIT) Accessibility Standards (36 CFR 1194) General Services Administration (GSA), that all IT hardware/software/services are 508 compliant: Yes ___X____ No _______ The offeror is required to submit with its offer a designated area on its website that outlines the Voluntary Product Accessibility Template (VPAT) or equivalent qualification, which ultimately becomes the Government Product Accessibility Template (GPAT). Section 508 compliance information on the supplies and services in this contract are available at the following website address (URL): http://www.foray.com The EIT standard can be found at: www.Section508.gov/. 24. PRIME CONTRACTOR ORDERING FROM FEDERAL SUPPLY SCHEDULES. Prime Contractors (on cost reimbursement contracts) placing orders under Federal Supply Schedules, on behalf of an ordering activity, shall follow the terms of the applicable schedule and authorization and include with each order – (a) A copy of the authorization from the ordering activity with whom the contractor has the prime contract (unless a copy was previously furnished to the Federal Supply Schedule contractor); and (b) The following statement: This order is placed under written authorization from _______ dated _______. In the event of any inconsistency between the terms and conditions of this order and those of your Federal Supply Schedule contract, the latter will govern. 25. INSURANCE—WORK ON A GOVERNMENT INSTALLATION (JAN 1997)(FAR 52.228-5) (a) The Contractor shall, at its own expense, provide and maintain during the entire performance of this contract, at least the kinds and minimum amounts of insurance required in the Schedule or elsewhere in the contract. (b) Before commencing work under this contract, the Contractor shall notify the Contracting Officer in writing that the required insurance has been obtained. The policies evidencing required insurance shall contain an endorsement to the effect that any cancellation or any material change adversely affecting the Government's interest shall not be effective— (1) For such period as the laws of the State in which this contract is to be performed prescribe; or (2) Until 30 days after the insurer or the Contractor gives written notice to the Contracting Officer, whichever period is longer. (c) The Contractor shall insert the substance of this clause, including this paragraph (c), in subcontracts under this contract that require work on a Government installation and shall require subcontractors to provide and maintain the insurance required in the Schedule or elsewhere in the contract. The Contractor shall maintain a copy of all subcontractors' proofs of required insurance, and shall make copies available to the Contracting Officer upon request. 26. SOFTWARE INTEROPERABILITY. Offerors are encouraged to identify within their software items any component interfaces that support open standard interoperability. An item’s interface may be identified as interoperable on the basis of participation in a Government agency-sponsored program or in an independent organization program. Interfaces may be identified by reference to an interface registered in the component registry located at http://www.core.gov. 63 of 451 27. ADVANCE PAYMENTS A payment under this contract to provide a service or deliver an article for the United States Government may not be more than the value of the service already provided or the article already delivered. Advance or pre-payment is not authorized or allowed under this contract. (31 U.S.C. 3324) 64 of 451 TERMS AND CONDITIONS TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY NEW EQUIPMENT(SPECIAL ITEM NUMBER 132-8) 1. MATERIAL AND WORKMANSHIP All equipment furnished hereunder must satisfactorily perform the function for which it is intended. 2. ORDER Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPA) agreements shall be the basis for purchase in accordance with the provisions of this contract. If time of delivery extends beyond the expiration date of the contract, the Contractor will be obligated to meet the delivery and installation date specified in the original order. For credit card orders and BPAs, telephone orders are permissible. 3. TRANSPORTATION OF EQUIPMENT FOB DESTINATION. Prices cover equipment delivery to destination, for any location within the geographic scope of this contract. 4. INSTALLATION AND TECHNICAL SERVICES a. INSTALLATION. When the equipment provided under this contract is not normally self-installable, the Contractor's technical personnel shall be available to the ordering activity, at the ordering activity's location, to install the equipment and to train ordering activity personnel in the use and maintenance of the equipment. The charges, if any, for such services are listed below, or in the price schedule: The installation cost is included in the price of each repository and workstation. No repositories can be self- installed. Two workstations, Model 100 Forensic Workstation and Model 100FS Forensic Workstation can be self- installed and thus there is no installation clause built into the price. Foray Technologies does not have published commercial practices for installation/deinstallation since Foray will install the equipment, and for the two applicable workstations that are self-installable, the workstations are simply plugged in. b. INSTALLATION, DEINSTALLATION, REINSTALLATION.The Davis-Bacon Act (40 U.S.C. 276a-276a-7) provides that contracts in excess of $2,000 to which the United States or the District of Columbia is a party for construction, alteration, or repair (including painting and decorating) of public buildings or public works with the United States, shall contain a clause that no laborer or mechanic employed directly upon the site of the work shall received less than the prevailing wage rates as determined by the Secretary of Labor. The requirements of the Davis-Bacon Act do not apply if the construction work is incidental to the furnishing of supplies, equipment, or services. For example, the requirements do not apply to simple installation or alteration of a public building or public work that is incidental to furnishing supplies or equipment under a supply contract. However, if the construction, alteration or repair is segregable and exceeds $2,000, then the requirements of the Davis-Bacon Act applies. The ordering activity issuing the task order against this contract will be responsible for proper administration and enforcement of the Federal labor standards covered by the Davis-Bacon Act. The proper Davis-Bacon wage determination will be issued by the ordering activity at the time a request for quotations is made for applicable construction classified installation, deinstallation, and reinstallation services under SIN 132-8 or SIN 132-9. c. OPERATING AND MAINTENANCE MANUALS. The Contractor shall furnish the ordering activity with one (1) copy of all operating and maintenance manuals which are normally provided with the equipment being purchased. 5. INSPECTION/ACCEPTANCE 65 of 451 The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any equipment that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming equipment at no increase in contract price. The ordering activity must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item. 6. WARRANTY a. Unless specified otherwise in this contract, the Contractor’s standard commercial warranty as stated in the contract’s commercial pricelist will apply to this contract. All workstations and repositories on the GSA schedule ship with one (1) year of warranty coverage which includes: - Unlimited access to the Foray Technologies’ Support Desk, M - F 7:00 AM - 4:00 PM Pacific Time and off-hour support by leaving a message on the on-call support engineers phone (which is listed on our voice mail), excluding statutory and local holidays. - Internet based remote diagnostics. - Complete parts and labor warranty. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. d. If inspection and repair of defective equipment under this warranty will be performed at the Contractor's plant, the address is as follows: 7. PURCHASE PRICE FOR ORDERED EQUIPMENT The purchase price that the ordering activity will be charged will be the ordering activity purchase price in effect at the time of order placement, or the ordering activity purchase price in effect on the installation date (or delivery date when installation is not applicable), whichever is less. 8. RESPONSIBILITIES OF THE CONTRACTOR The Contractor shall comply with all laws, ordinances, and regulations (Federal, State, City or otherwise) covering work of this character, and shall include all costs, if any, of such compliance in the prices quoted in this offer. 9. TRADE-IN OF INFORMATION TECHNOLOGY EQUIPMENT When an ordering activity determines that Information Technology equipment will be replaced, the ordering activity shall follow the contracting policies and procedures in the Federal Acquisition Regulation (FAR), the policies and procedures regarding disposition of information technology excess personal property in the Federal Property Management Regulations (FPMR) (41 CFR 101-43.6), and the policies and procedures on exchange/sale contained in the FPMR (41 CFR part 101-46). 66 of 451 TERMS AND CONDITIONS APPLICABLE TO MAINTENANCE, REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS FOR GOVERNMENT-OWNED GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT, RADIO/TELEPHONE EQUIPMENT, (AFTER EXPIRATION OF GUARANTEE/WARRANTY PROVISIONS AND/OR WHEN REQUIRED SERVICE IS NOT COVERED BY GUARANTEE/WARRANTY PROVISIONS) AND FOR LEASED EQUIPMENT (SPECIAL ITEM NUMBER 132-12) 1. SERVICE AREAS a. The maintenance and repair service rates listed herein are applicable to any ordering activity location within a ____50_____ mile radius of the Contractor’s service points. If any additional charge is to apply because of the greater distance from the Contractor’s service locations, the mileage rate or other distance factor shall be negotiated at the Task Order level. b. When repair services cannot be performed at the ordering activity installation site, the repair services will be performed at the Contractor's plant(s) listed below: th Foray Technologies, 3911 5 Ave, Suite 300, San Diego, CA 92103 2. MAINTENANCE ORDER a. Agencies may use written orders, EDI orders, credit card orders, or BPAs, for ordering maintenance under this contract. The Contractor shall confirm orders within fifteen (15) calendar days from the date of receipt, except that confirmation of orders shall be considered automatic for renewals for maintenance (Special Item Number 132- 12). Automatic acceptance of order renewals for maintenance service shall apply for machines which may have been discontinued from use for temporary periods of time not longer than 120 calendar days. If the order is not confirmed by the Contractor as prescribed by this paragraph, the order shall be considered to be confirmed by the Contractor. b. The Contractor shall honor orders for maintenance for the duration of the contract period or a lessor period of time, for the equipment shown in the pricelist. Maintenance service shall commence on a mutually agreed upon date, which will be written into the maintenance order. Maintenance orders shall not be made effective before the expiration of any applicable maintenance and parts guarantee/warranty period associated with the purchase of equipment. Orders for maintenance service shall not extend beyond the end of the contract period. c. Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice, or shorter notice when agreed to by the Contractor; such notice to become effective thirty (30) calendar days from the date on the notification. However, the ordering activity may extend the original discontinuance date upon written notice to the Contractor, provided that such notice is furnished at least ten (10) calendar days prior to the original discontinuance date. d. Annual Funding. When annually appropriated funds are cited on a maintenance order, the period of maintenance shall automatically expire on September 30th of the contract period, or at the end of the contract period, whichever occurs first. Renewal of a maintenance order citing the new appropriation shall be required, if maintenance is to continue during any remainder of the contract period. e. Cross-year Funding Within Contract Period. Where an ordering activity's specific appropriation authority provides for funds in excess of a 12 month, fiscal year period, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. f. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of maintenance service, if maintenance is to be terminated at that time. Orders for continued maintenance will be required if maintenance is to be continued during the subsequent period. 67 of 451 3. REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS ORDERS a. Agencies may use written orders, EDI orders, credit card orders, blanket purchase agreements (BPAs), or small order procedures for ordering repair service and/or repair parts/spare parts under this contract. Orders for repair service shall not extend beyond the end of the contract period. b. When repair service is ordered, only one chargeable repairman shall be dispatched to perform repair service, unless the ordering activity agrees, in advance, that additional repair personnel are required to effect repairs. 4. LOSS OR DAMAGE When the Contractor removes equipment to his establishment for repairs, the Contractor shall be responsible for any damage or loss, from the time the equipment is removed from the ordering activity installation, until the equipment is returned to such installation. 5. SCOPE a. The Contractor shall provide maintenance for all equipment listed herein, as requested by the ordering activity during the contract term. Repair service and repair parts/spare parts shall apply exclusively to the equipment types/models within the scope of this Information Technology Schedule. b. Equipment placed under maintenance service shall be in good operating condition. (1) In order to determine that the equipment is in good operating condition, the equipment shall be subject to inspection by the Contractor, without charge to the ordering activity. (2) Costs of any repairs performed for the purpose of placing the equipment in good operating condition shall be borne by the Contractor, if the equipment was under the Contractor's guarantee/warranty or maintenance responsibility prior to the effective date of the maintenance order. (3) If the equipment was not under the Contractor's responsibility, the costs necessary to place the equipment in proper operating condition are to be borne by the ordering activity, in accordance with the provisions of Special Item Number 132-12 (or outside the scope of this contract). 6. RESPONSIBILITIES OF THE ORDERING ACTIVITY a. Ordering activity personnel shall not perform maintenance or attempt repairs to equipment while such equipment is under the purview of a maintenance order, unless agreed to by the Contractor. b. Subject to security regulations, the ordering activity shall permit access to the equipment which is to be maintained or repaired. c. If the Ordering Activity desires a factory authorized/certified service personnel then this should be clearly stated in the task or delivery order. 7. RESPONSIBILITIES OF THE CONTRACTOR a. For equipment not covered by a maintenance contract or warranty, the Contractor's repair service personnel shall complete repairs as soon as possible after notification by the ordering activity that service is required. Within the service areas, this repair service should normally be done within 4 hours after notification. b. If the Ordering Activity task or delivery order specifies a factory authorized/certified service personnel then the Contractor is obligated to provide such a factory authorized/certified service personnel for the equipment to be repaired or serviced, unless otherwise agreed to in advance between the Agency and the Contractor. 8. MAINTENANCE RATE PROVISIONS 68 of 451 a. The Contractor shall bear all costs of maintenance, including labor, parts, and such other expenses as are necessary to keep the equipment in good operating condition, provided that the required repairs are not occasioned by fault or negligence of the ordering activity. b. REGULAR HOURS The basic monthly rate for each make and model of equipment shall entitle the ordering activity to maintenance service during a mutually agreed upon nine (9) hour principal period of maintenance, Monday through Friday, exclusive of holidays observed at the ordering activity location. c. AFTER HOURS Should the ordering activity require that maintenance be performed outside of Regular Hours, charges for such maintenance, if any, will be specified in the pricelist. Periods of less than one hour will be prorated to the nearest quarter hour. d. TRAVEL AND TRANSPORTATION If any charge is to apply, over and above the regular maintenance rates, because of the distance between the ordering activity location and the Contractor’s service area, the charge will be negotiated at the Task Order level. Foray Technologies provides maintenance services in the Continental U.S. Travel and transportation are estimated in advance and charged per estimate. Travel time is charged in ½ day increments. Labor is $1,000/day, in ½ day increments. After hours, Saturdays and Sundays, is $2,000/day, in ½ day increments. Holidays are $3,000/day, in ½ day increments. e. QUANTITY DISCOUNTS Quantity discounts from listed maintenance service rates for multiple equipment owned and/or leased by a ordering activity are indicated below: Quantity Range Discounts ________ Units ________% ________ Units ________% ________ Units ________% NOTE: There are no quantity discounts for maintenance services. 9. REPAIR SERVICE RATE PROVISIONS a. CHARGES. Charges for repair service will include the labor charge, computed at the rates set forth below, for the time during which repairmen are actually engaged in work, and, when applicable, the charge for travel or transportation. b. MULTIPLE MACHINES. When repairs are ordered by a ordering activity on two or more machines located in one or more buildings within walking distance of each other, the charges will be computed from the time the repairman commences work on the first machine, until the work is completed on the last machine. The time required to go from one machine to another, or from one building to another, will be considered actual work performance, and chargeable to the ordering activity, provided the time consumed in going between machines (or buildings) is reasonable. c. TRAVEL OR TRANSPORTATION (1) AT THE CONTRACTOR'S SHOP (a) When equipment is returned to the Contractor's shop for adjustments or repairs which are not covered by the guarantee/warranty provision, the cost of transportation, packing, etc., from the ordering activity location to the Contractor's plant, and return to the ordering activity location, shall be borne by the ordering activity. (b) The ordering activity should not return defective equipment to the Contractor for adjustments and repairs or replacement without his prior consultation and instruction. (2) AT THE ORDERING ACTIVITY LOCATION (Within Established Service Areas) When equipment is repaired at the ordering activity location, and repair service rates are established for service areas or zones, the listed rates are applicable to any ordering activity location within such service 69 of 451 areas or zones. No extra charge, time, or expense will be allowed for travel or transportation of repairmen or machines to or from the ordering activity office; such overhead is included in the repair service rates listed. (3) AT THE ORDERING ACTIVITY LOCATION (Outside Established Service Areas) (a) If repairs are to be made at the ordering activity location, and the location is outside the service area as shown in paragraph 1.a, the repair service and mileage rates negotiated per subparagraphs 1.a and 8.d will apply. (b) When the overall travel charge computed at the above mileage rate is unreasonable (considering the time required for travel, actual and necessary transportation costs, and the allowable ordering activity per diem rate for each night the repairman is required to remain overnight at the ordering activity location), the ordering activity shall have the option of reimbursing the Contractor for actual costs, provided that the actual costs are reasonable and allowable. The Contractor shall furnish the ordering activity with a report of travel performed and related expenses incurred. The report shall include departure and arrival dates, times, and the applicable mode of travel. d. LABOR RATES (1) REGULAR HOURS The Regular Hours repair service rates listed herein shall entitle the ordering activity to repair service during the period 8:00 a.m. to 5:00 p.m., Monday through Friday, exclusive of holidays observed at the ordering activity location. There shall be no additional charge for repair service which was requested during Regular Hours, but performed outside the Regular Hours defined above, at the convenience of the Contractor. (2) AFTER HOURS When the ordering activity requires that repair service be performed outside the Regular Hours defined above, except Sundays and Holidays observed at the ordering activity location, the After Hours repair service rates listed herein shall apply. The Regular Hours rates defined above shall apply when repair service is requested during Regular Hours, but performed After Hours at the convenience of the Contractor. (3) SUNDAYS AND HOLIDAYS When the ordering activity requires that repair service be performed on Sundays and Holidays observed at the ordering activity location, the Sundays and Holidays repair service rates listed herein shall apply. When repair service is requested to be performed during Regular Hours and/or After Hours, but is performed at the convenience of the Contractor on Sundays or Holidays observed at the ordering activity location, the Regular Hours and/or After Hours repair service rates, as applicable, shall apply. REPAIR SERVICE RATES Foray Technologies provides maintenance services in the Continental U.S. Travel and transportation are estimated in advance and charged per estimate. Travel time is charged in ½ day increments. Labor is $1,000/day, in ½ day increments. After hours, Saturdays and Sundays, is $2,000/day, in ½ day increments. Holidays are $3,000/day, in ½ day increments. 10. REPAIR PARTS/SPARE PARTS RATE PROVISIONS All parts, furnished as spares or as repair parts in connection with the repair of equipment, unless otherwise indicated in this pricelist, shall be new, standard parts manufactured by the equipment manufacturer. All parts shall be furnished at prices indicated in the Contractor's commercial pricelist dated ______________, at a discount of ______% from such listed prices. 11. GUARANTEE/WARRANTY—REPAIR SERVICE AND REPAIR PARTS/SPARE PARTS a. REPAIR SERVICE All repair work will be guaranteed/warranted for a period of _________________ 70 of 451 b. REPAIR PARTS/SPARE PARTS All parts, furnished either as spares or repairs parts will be guaranteed/warranted for a period _________________ 12. INVOICES AND PAYMENTS a. Maintenance Service (1) Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. (2) Payment for maintenance service of less than one month's duration shall be prorated at 1/30th of the monthly rate for each calendar day. b. Repair Service and Repair Parts/Spare Parts Invoices for repair service and parts shall be submitted by the Contractor as soon as possible after completion of work. Payment under blanket purchase agreements will be made quarterly or monthly, except where cash payment procedures are used. Invoices shall be submitted separately to each ordering activity office ordering services under the contract. The cost of repair parts shall be shown as a separate item on the invoice, and shall be priced in accordance with paragraph #10, above. PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. 71 of 451 TERMS AND CONDITIONS APPLICABLE TO TERM SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-32), PERPETUAL SOFTWARE LICENSES (SPECIAL ITEM NUMBER 132-33) AND MAINTENANCE AS A SERVICE (SPECIAL ITEM NUMBER 132-34) OF GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY SOFTWARE 1. INSPECTION/ACCEPTANCE The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The ordering activity reserves the right to inspect or test any software that has been tendered for acceptance. The ordering activity may require repair or replacement of nonconforming software at no increase in contract price. The ordering activity must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the software, unless the change is due to the defect in the software. 2. GUARANTEE/WARRANTY a. Unless specified otherwise in this contract, the Contractor’s standard commercial guarantee/warranty as stated in the contract’s commercial pricelist will apply to this contract. b. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. c. Limitation of Liability. Except as otherwise provided by an express or implied warranty, the Contractor will not be liable to the ordering activity for consequential damages resulting from any defect or deficiencies in accepted items. 3. TECHNICAL SERVICES The Contractor, without additional charge to the ordering activity, shall provide a hot line technical support number (619) 858-1360 for the purpose of providing user assistance and guidance in the implementation of the software. The technical support number is available from 9 A.M. to5 P.M., Pacific time. 4. SOFTWARE MAINTENANCE a. Software maintenance as it is defined: (select software maintenance type) : __________ Software Maintenance as a Product (SIN 132-32 or SIN 132-33) 1. Software maintenance as a product includes the publishing of bug/defect fixes via patches and updates/upgrades in function and technology to maintain the operability and usability of the software product. It may also include other no charge support that are included in the purchase price of the product in the commercial marketplace. No charge support includes items such as user blogs, discussion forums, on-line help libraries and FAQs (Frequently Asked Questions), hosted chat rooms, and limited telephone, email and/or web-based general technical support for user’s self diagnostics. Software maintenance as a product does NOT include the creation, design, implementation, integration, etc. of a software package. These examples are considered software maintenance as a service. Software Maintenance as a product is billed at the time of purchase. 72 of 451 __________ 2. Software Maintenance as a Service (SIN 132-34) Software maintenance as a service creates, designs, implements, and/or integrates customized changes to software that solve one or more problems and is not included with the price of the software. Software maintenance as a service includes person-to-person communications regardless of the medium used to communicate: telephone support, on-line technical support, customized support, and/or technical expertise which are charged commercially. Software maintenance as a service is billed arrears in accordance with 31 U.S.C. 3324. Software maintenance as a service is billed in arrears in accordance with 31 U.S.C. 3324. b. Invoices for maintenance service shall be submitted by the Contractor on a quarterly or monthly basis, after the completion of such period. Maintenance charges must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. 5. PERIODS OF TERM LICENSES (SIN 132-32) AND MAINTENANCE (SIN 132-34) a. The Contractor shall honor orders for periods for the duration of the contract period or a lessor period of time. b. Maintenance may be discontinued by the ordering activity on thirty (30) calendar days written notice to the Contractor. c. Annual Funding. When annually appropriated funds are cited on an order for maintenance, the period of the maintenance shall automatically expire on September 30 of the contract period, or at the end of the contract period, whichever occurs first. Renewal of the maintenance orders citing the new appropriation shall be required, if the maintenance is to be continued during any remainder of the contract period. d. Cross-Year Funding Within Contract Period. Where an ordering activity’s specific appropriation authority provides for funds in excess of a 12 month (fiscal year) period, the ordering activity may place an order under this schedule contract for a period up to the expiration of the contract period, notwithstanding the intervening fiscal years. e. Ordering activities should notify the Contractor in writing thirty (30) calendar days prior to the expiration of an order, if the maintenance is to be terminated at that time. Orders for the continuation of term maintenance will be required if the maintenance is to be continued during the subsequent period. 6. CONVERSION FROM TERM LICENSE TO PERPETUAL LICENSE a. The ordering activity may convert term licenses to perpetual licenses for any or all software at any time following acceptance of software. At the request of the ordering activity the Contractor shall furnish, within ten (l0) calendar days, for each software product that is contemplated for conversion, the total amount of conversion credits which have accrued while the software was on a term license and the date of the last update or enhancement. b. Conversion credits which are provided shall, within the limits specified, continue to accrue from one contract period to the next, provided the software remains on a term license within the ordering activity. c. The term license for each software product shall be discontinued on the day immediately preceding the effective date of conversion from a term license to a perpetual license. d. The price the ordering activity shall pay will be the perpetual license price that prevailed at the time such software was initially ordered under a term license, or the perpetual license price prevailing at the time of conversion from a term license to a perpetual license, whichever is the less, minus an amount equal to __________% of all term license payments during the period that the software was under a term license within the ordering activity. 73 of 451 7. TERM LICENSE CESSATION a. After a software product has been on a continuous term license for a period of ___________ * months, a fully paid-up, non-exclusive, perpetual license for the software product shall automatically accrue to the ordering activity. The period of continuous term license for automatic accrual of a fully paid-up perpetual license does not have to be achieved during a particular fiscal year; it is a written Contractor commitment which continues to be available for software that is initially ordered under this contract, until a fully paid-up perpetual license accrues to the ordering activity. However, should the term license of the software be discontinued before the specified period of the continuous term license has been satisfied, the perpetual license accrual shall be forfeited. b. The Contractor agrees to provide updates and maintenance service for the software after a perpetual license has accrued, at the prices and terms of Special Item Number l32-34, if the licensee elects to order such services. Title to the software shall remain with the Contractor. 8. UTILIZATION LIMITATIONS - (SIN 132-32, SIN 132-33, AND SIN 132-34) a. Software acquisition is limited to commercial computer software defined in FAR Part 2.101. b. When acquired by the ordering activity, commercial computer software and related documentation so legend shall be subject to the following: (1) Title to and ownership of the software and documentation shall remain with the Contractor, unless otherwise specified. (2) Software licenses are by site and by ordering activity. An ordering activity is defined as a cabinet level or independent ordering activity. The software may be used by any subdivision of the ordering activity (service, bureau, division, command, etc.) that has access to the site the software is placed at, even if the subdivision did not participate in the acquisition of the software. Further, the software may be used on a sharing basis where multiple agencies have joint projects that can be satisfied by the use of the software placed at one ordering activity's site. This would allow other agencies access to one ordering activity's database. For ordering activity public domain databases, user agencies and third parties may use the computer program to enter, retrieve, analyze and present data. The user ordering activity will take appropriate action by instruction, agreement, or otherwise, to protect the Contractor's proprietary property with any third parties that are permitted access to the computer programs and documentation in connection with the user ordering activity's permitted use of the computer programs and documentation. For purposes of this section, all such permitted third parties shall be deemed agents of the user ordering activity. (3) Except as is provided in paragraph 8.b(2) above, the ordering activity shall not provide or otherwise make available the software or documentation, or any portion thereof, in any form, to any third party without the prior written approval of the Contractor. Third parties do not include prime Contractors, subcontractors and agents of the ordering activity who have the ordering activity's permission to use the licensed software and documentation at the facility, and who have agreed to use the licensed software and documentation only in accordance with these restrictions. This provision does not limit the right of the ordering activity to use software, documentation, or information therein, which the ordering activity may already have or obtains without restrictions. (4) The ordering activity shall have the right to use the computer software and documentation with the computer for which it is acquired at any other facility to which that computer may be transferred, or in cases of Disaster Recovery, the ordering activity has the right to transfer the software to another site if the ordering activity site for which it is acquired is deemed to be unsafe for ordering activity personnel; to use the computer software and documentation with a backup computer when the primary computer is inoperative; to copy computer programs for safekeeping (archives) or backup purposes; to transfer a copy of the software to another site for purposes of benchmarking new hardware and/or software; and to modify the software and documentation or combine it with other software, provided that the unmodified portions shall remain subject to these restrictions. (5) "Commercial Computer Software" may be marked with the Contractor's standard commercial restricted rights legend, but the schedule contract and schedule pricelist, including this clause, "Utilization Limitations" are the only governing terms and conditions, and shall take precedence and supersede any different or additional terms and conditions included in the standard commercial legend. 74 of 451 9. SOFTWARE CONVERSIONS - (SIN 132-32 AND SIN 132-33) Full monetary credit will be allowed to the ordering activity when conversion from one version of the software to another is made as the result of a change in operating system , or from one computer system to another. Under a perpetual license (132-33), the purchase price of the new software shall be reduced by the amount that was paid to purchase the earlier version. Under a term license (132-32), conversion credits which accrued while the earlier version was under a term license shall carry forward and remain available as conversion credits which may be applied towards the perpetual license price of the new version. 10. DESCRIPTIONS AND EQUIPMENT COMPATIBILITY The Contractor shall include, in the schedule pricelist, a complete description of each software product and a list of equipment on which the software can be used. Also, included shall be a brief, introductory explanation of the modules and documentation which are offered. 11. RIGHT-TO-COPY PRICING The Contractor shall insert the discounted pricing for right-to-copy licenses. 75 of 451 TERMS AND CONDITIONS APPLICABLE TO PURCHASE OF TRAINING COURSES FOR GENERAL PURPOSE COMMERCIAL INFORMATION TECHNOLOGY EQUIPMENT AND SOFTWARE (SPECIAL ITEM NUMBER 132-50) 1. SCOPE a. The Contractor shall provide training courses normally available to commercial customers, which will permit ordering activity users to make full, efficient use of general purpose commercial IT products. Training is restricted to training courses for those products within the scope of this solicitation. b. The Contractor shall provide training at the Contractor's facility and/or at the ordering activity's location, as agreed to by the Contractor and the ordering activity. 2. ORDER Written orders, EDI orders (GSA Advantage! and FACNET), credit card orders, and orders placed under blanket purchase agreements (BPAs) shall be the basis for the purchase of training courses in accordance with the terms of this contract. Orders shall include the student's name, course title, course date and time, and contracted dollar amount of the course. 3. TIME OF DELIVERY The Contractor shall conduct training on the date (time, day, month, and year) agreed to by the Contractor and the ordering activity. 4. CANCELLATION AND RESCHEDULING a. The ordering activity will notify the Contractor at least seventy-two (72) hours before the scheduled training date, if a student will be unable to attend. The Contractor will then permit the ordering activity to either cancel the order or reschedule the training at no additional charge. In the event the training class is rescheduled, the ordering activity will modify its original training order to specify the time and date of the rescheduled training class. b. In the event the ordering activity fails to cancel or reschedule a training course within the time frame specified in paragraph a, above, the ordering activity will be liable for the contracted dollar amount of the training course. The Contractor agrees to permit the ordering activity to reschedule a student who fails to attend a training class within ninety (90) days from the original course date, at no additional charge. c. The ordering activity reserves the right to substitute one student for another up to the first day of class. d. In the event the Contractor is unable to conduct training on the date agreed to by the Contractor and the ordering activity, the Contractor must notify the ordering activity at least seventy-two (72) hours before the scheduled training date. 5. FOLLOW-UP SUPPORT The Contractor agrees to provide each student with unlimited telephone support or online support for a period of one (1) year from the completion of the training course. During this period, the student may contact the Contractor's instructors for refresher assistance and answers to related course curriculum questions. 76 of 451 6. PRICE FOR TRAINING The price that the ordering activity will be charged will be the ordering activity training price in effect at the time of order placement, or the ordering activity price in effect at the time the training course is conducted, whichever is less. 7. INVOICES AND PAYMENT Invoices for training shall be submitted by the Contractor after ordering activity completion of the training course. Charges for training must be paid in arrears (31 U.S.C. 3324). PROMPT PAYMENT DISCOUNT, IF APPLICABLE, SHALL BE SHOWN ON THE INVOICE. 8. FORMAT AND CONTENT OF TRAINING a. The Contractor shall provide written materials (i.e., manuals, handbooks, texts, etc.) normally provided with course offerings. Such documentation will become the property of the student upon completion of the training class. b. **If applicable** For hands-on training courses, there must be a one-to-one assignment of IT equipment to students. c. The Contractor shall provide each student with a Certificate of Training at the completion of each training course. d. The Contractor shall provide the following information for each training course offered: (1) The course title and a brief description of the course content, to include the course format (e.g., lecture, discussion, hands-on training); (2) The length of the course; (3) Mandatory and desirable prerequisites for student enrollment; (4) The minimum and maximum number of students per class; (5) The locations where the course is offered; (6) Class schedules; and (7) Price (per student, per class (if applicable)). e. For those courses conducted at the ordering activity’s location, instructor travel charges (if applicable), including mileage and daily living expenses (e.g., per diem charges) are governed by Pub. L. 99-234 and FAR Part 31.205-46, and are reimbursable by the ordering activity on orders placed under the Multiple Award Schedule, as applicable, in effect on the date(s) the travel is performed. Contractors cannot use GSA city pair contracts. The Industrial Funding Fee does NOT apply to travel and per diem charges. f. For Online Training Courses, a copy of all training material must be available for electronic download by the students. 9. “NO CHARGE” TRAINING The Contractor shall describe any training provided with equipment and/or software provided under this contract, free of charge, in the space provided below. 77 of 451 USA COMMITMENT TO PROMOTE SMALL BUSINESS PARTICIPATION PROCUREMENT PROGRAMS PREAMBLE (Name of Company) provides commercial products and services to ordering activities. We are committed to promoting participation of small, small disadvantaged and women-owned small businesses in our contracts. We pledge to provide opportunities to the small business community through reselling opportunities, mentor-protégé programs, joint ventures, teaming arrangements, and subcontracting. COMMITMENT To actively seek and partner with small businesses. To identify, qualify, mentor and develop small, small disadvantaged and women-owned small businesses by purchasing from these businesses whenever practical. To develop and promote company policy initiatives that demonstrate our support for awarding contracts and subcontracts to small business concerns. To undertake significant efforts to determine the potential of small, small disadvantaged and women-owned small business to supply products and services to our company. To insure procurement opportunities are designed to permit the maximum possible participation of small, small disadvantaged, and women-owned small businesses. To attend business opportunity workshops, minority business enterprise seminars, trade fairs, procurement conferences, etc., to identify and increase small businesses with whom to partner. To publicize in our marketing publications our interest in meeting small businesses that may be interested in subcontracting opportunities. We signify our commitment to work in partnership with small, small disadvantaged and women-owned small businesses to promote and increase their participation in ordering activity contracts. To accelerate potential opportunities please contact Foray Technologies, Sales Manager, (619) 858-1360 (phone), sales@foray.com, (619) 858-1366 (fax). 78 of 451 PRICE LIST Price for Price for Part Number Product Description Qty 1-4 Qty 5 - 25 SIN 132-8 Model 1002 Repository Model 1002 Repository 26,051 26,051 Model 1002D Repository Model 1002D Repository 27,714 27,714 Model 1002T Repository Model 1002T Repository 30,180 30,180 Model 1010 Repository Model 1010 Repository 26,276 26,276 Model 1010T Repository Model 1010T Repository 36,856 36,856 Model 1015 Repository Model 1015 Repository 58,947 58,947 Model 1015A Repository Model 1015A Repository 75,066 75,066 Model 1015T Repository Model 1015T Repository 82,651 82,651 Model 1015AT Repository Model 1015AT Repository 98,771 98,771 Model 1030 Repository Model 1030 Repository 63,703 63,703 Model 1030A Repository Model 1030A Repository 79,822 79,822 Model 1030T Repository Model 1030T Repository 100,737 100,737 Model 1030AT Repository Model 1030AT Repository 116,857 116,857 79 of 451 Price for Price for Part Number Product Description Qty 1-4 Qty 5 - 25 Model 1050 Repository Model 1050 Repository 67,169 67,169 Model 1050A Repository Model 1050A Repository 83,289 83,289 Model 1050T Repository Model 1050T Repository 109,144 109,144 Model 1050AT Repository Model 1050AT Repository 125,264 125,264 Model 10XXHFUPG Model 10XX Hands Free Upgrade (may only be 78,453 78,453 purchased in conjunction with Model 1015, Model 1015A, Model1030, Model 1030A, Model 1050, or Model 1050A) Model 100 Forensic Workstation Model 100 Forensic Workstation (requires a 15,880 14,787 Repository, on-site install not included, available separately) Model 100FS1 Forensic Model 100FS1 Forensic Workstation Workstation (requires a 24,293 23,199 Repository, on-site install not included, available separately) Model 150D Forensic Model 150D Forensic Workstation Workstation 28,713 27,715 Model 150DFS1 Forensic Model 150DFS1 Forensic Workstation Workstation 37,125 36,128 Model 150T Forensic Model 150T Forensic Workstation Workstation 31,040 30,043 Model 150TFS1 Forensic Model 150TFS1 Forensic Workstation Workstation 39,453 38,455 80 of 451 Price for Price for Part Number Product Description Qty 1-4 Qty 5 - 25 PECS Model 300 Portable Evidence Collection System Model 300 4,673 4,583 SIN 132-12 SIN 132-33 ADAMSCFFT ADAMS Chromatic FFT™ Filter License 402 335 ADAMSPRF ADAMS Grayscale Pattern Removal Filter™ License 301 251 ADAMSICU ADAMS Image Calibration Utility™ Filter License 263 234 ADAMS-SP-BASIC-01 Basic Server Pack 6,225 5,384 ADAMS-SP-INTER-01 Intermediate Server Pack 12,525 11,685 ADAMS-SP-ADV-01 Advanced Server Pack 18,192 17,352 ADAMS-CORE-ELS-08 ELS Core Server Pack 6,777 6,777 ADAMS-CORE-EXT-32 Extended Core Server Pack 16,560 16,560 ADAMS-CORE-BUMP-05 Core Server Bump Pack 3,003 3,003 ADAMS-WKFLW-01 Workflow Server Pack 9,799 9,799 ADAMS-WKFLW-BUMP-03 Workflow Bump Pack 2,255 2,255 ADAMS-EVIDENCE-BASIC-02 Basic Evidence Pack 224 165 ADAMS-EVIDENCE-INTER-02 Intermediate Evidence Pack 596 494 ADAMS-EVIDENCE-ADV-02 Advanced Evidence Pack 1,503 1,334 ADAMS-ANALYSIS-BASIC-01 Basic Analysis Pack 3,962 3,121 ADAMS-ANALYSIS-INTER-01 Intermediate Analysis Pack 4,225 3,384 81 of 451 Price for Price for Part Number Product Description Qty 1-4 Qty 5 - 25 ADAMS-ANALYSIS-ADV-01 Advanced Analysis Pack 4,976 4,136 ADAMS-SERVER Server 5,738 5,738 ADAMS-CONC-USER Concurrent User 1,431 1,431 ADAMS-CONC-DIGEVPROC Digital Evidence 1,910 1,910 Processing Concurrent User ADAMS-CONC-AFIS AFIS Connect Concurrent 952 952 User ADAMS-FB Filter Bundle 952 952 ADAMS-AFIS AFIS Connect Server 7,179 7,179 ADAMS-CONNECTKIT Connect Kit 9,567 9,567 ADAMS-DW Digital Workplace 4,781 4,781 SIN 132-34 SIN 132-50 On-Site Training Hourly Rate On-Site Training (exlcuding travel expenses) Hourly Rate 187.03 187.03 On-Site Integration Hourlly Rate On-Site Integration (excluding travel expenses) Hourly Rate 124.69 124.69 82 of 451 BEST VALUE BLANKET PURCHASE AGREEMENT FEDERAL SUPPLY SCHEDULE (Insert Customer Name) In the spirit of the Federal Acquisition Streamlining Act (ordering activity) and (Contractor) enter into a cooperative agreement to further reduce the administrative costs of acquiring commercial items from the General Services Administration (GSA) Federal Supply Schedule Contract(s) ____________________. Federal Supply Schedule contract BPAs eliminate contracting and open market costs such as: search for sources; the development of technical documents, solicitations and the evaluation of offers. Teaming Arrangements are permitted with Federal Supply Schedule Contractors in accordance with Federal Acquisition Regulation (FAR) 9.6. This BPA will further decrease costs, reduce paperwork, and save time by eliminating the need for repetitive, individual purchases from the schedule contract. The end result is to create a purchasing mechanism for the ordering activity that works better and costs less. Signatures Ordering Activity Date Contractor Date 83 of 451 BPA NUMBER_____________ (CUSTOMER NAME) BLANKET PURCHASE AGREEMENT Pursuant to GSA Federal Supply Schedule Contract Number(s)____________, Blanket Purchase Agreements, the Contractor agrees to the following terms of a Blanket Purchase Agreement (BPA) EXCLUSIVELY WITH (ordering activity): (1) The following contract items can be ordered under this BPA. All orders placed against this BPA are subject to the terms and conditions of the contract, except as noted below: MODEL NUMBER/PART NUMBER *SPECIAL BPA DISCOUNT/PRICE (2) Delivery: DESTINATION DELIVERY SCHEDULES / DATES (3) The ordering activity estimates, but does not guarantee, that the volume of purchases through this agreement will be _________________________. (4) This BPA does not obligate any funds. (5) This BPA expires on _________________ or at the end of the contract period, whichever is earlier. (6) The following office(s) is hereby authorized to place orders under this BPA: OFFICE POINT OF CONTACT (7) Orders will be placed against this BPA via Electronic Data Interchange (EDI), FAX, or paper. (8) Unless otherwise agreed to, all deliveries under this BPA must be accompanied by delivery tickets or sales slips that must contain the following information as a minimum: (a) Name of Contractor; (b) Contract Number; (c) BPA Number; (d) Model Number or National Stock Number (NSN); (e) Purchase Order Number; (f) Date of Purchase; 84 of 451 (g) Quantity, Unit Price, and Extension of Each Item (unit prices and extensions need not be shown when incompatible with the use of automated systems; provided, that the invoice is itemized to show the information); and (h) Date of Shipment. (9) The requirements of a proper invoice are specified in the Federal Supply Schedule contract. Invoices will be submitted to the address specified within the purchase order transmission issued against this BPA. (10) The terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor’s invoice, the provisions of this BPA will take precedence. ****************************************************************************** ************* 85 of 451 BASIC GUIDELINES FOR USING “CONTRACTOR TEAM ARRANGEMENTS” Federal Supply Schedule Contractors may use “Contractor Team Arrangements” (see FAR 9.6) to provide solutions when responding to a ordering activity requirements. These Team Arrangements can be included under a Blanket Purchase Agreement (BPA). BPAs are permitted under all Federal Supply Schedule contracts. Orders under a Team Arrangement are subject to terms and conditions or the Federal Supply Schedule Contract. Participation in a Team Arrangement is limited to Federal Supply Schedule Contractors. Customers should refer to FAR 9.6 for specific details on Team Arrangements. Here is a general outline on how it works:  The customer identifies their requirements.  Federal Supply Schedule Contractors may individually meet the customers needs, or -  Federal Supply Schedule Contractors may individually submit a Schedules “Team Solution” to meet the customer’s requirement.  Customers make a best value selection. 86 of 451 6. B CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Accept the FY 2013 -14 Budget Status Report of EQUESTED CTION BY ITY OMMISSION the General Fund & Utility Fund for the six (6) month period ended March 31, 2014. Explanation of Request :This report summarizes the estimated funding sources and the adopted expenditure budgets for the City’s General Fund and Utility Fund for the six (6) month period ended March 31, 2014 (50% of the fiscal year). The analysis compares:  Actual results for the current period to the annual budget and  Actual results for the same period of the prior year annual budget. H? The annual budget is what OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES provides and controls the resources for City programs and services. FI: The annual budget and results to date for the General Fund and Utility ISCAL MPACT Fund. 87 of 451 GENERAL FUND FY 2013-14FY 2012-13FY 2014 vs. 2013 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 71,267$ 48,82669%$ 69,643$ 46,39267%2%5% Expenditures$ (71,267)$ (40,202)56%$ (69,643)$ (38,868)56%2%3% Excess (Deficit)$ -$ 8,624$ -$ 7,524 Revenues & Transfers (Exhibit A) – Budgeted Funding Sources: Property taxes and other revenues provide funding sources of $54.3 M or 76% of our total $71.2 M General Fund budget estimate for FY 2013-14. Transfers from other funds (non- revenues) provide $16.9 M or 24% of the total funding sources to balance our $71.2 M General Fund budgeted expenditures. These three major estimated funding sources are summarized as follows: 1. 36% - $ 25.3 M – Property taxes less Tax Increment Financing to the CRA 2. 40% - $ 29.0 M – All other revenues plus General Fund Balance 3._24% - $ 16.9 M – Transfers from other funds 100% - $ 71.2 M – Total funding sources The property tax rate for FY 2013-14 was increased from 7.6000 mills to 7.9000 mills; the net property taxes of $29.7 M in FY 2013-14 represent a 10% increase in property tax revenue or an increase of $2.7 M from FY 2012-13. To balance the budget in FY 2013-14, it required transfers from other funds of $16.9 M representing 24% of all funding sources. Actual Funding Sources Realized: At the end of the sixth month in FY 2013-14, revenues and transfers realized are approximately $48.8 M of the budget estimate compared to $46.3 M realized to date in FY 2012-13. Ad Valorem Taxes, net of discounts and TIF taxes to the CRA , received to date was $22.4 M as compared to $20.5 M for FY 2012-13, as noted on Exhibit A. Other Revenues: The four major revenue sources other than property taxes: Franchise Fees 1. realized was $2.3 M or 52% actual collected compared to $2.2 M or 49% in FY 2012-13. Business Taxes 2. are due at the beginning of the fiscal year. For FY 2013-14, $1.3 M or 96% has been collected compared to the FY 2012-13 amount of $1.28 M or 94%. State Shared revenues 3. of $3.5 M or 50% have been collected in FY2013-14 as compared to $3.3 M or 49% received in FY 2012-13. Public Safety revenues 4. at this point is ahead of the budgeted amount; $2.8 M or 69% was received compared to $2.6 M or 67% for FY 2012-13. 88 of 451 Special Assessment revenues, 5. related to Fire Rescue, in the amount of $4.4 M or 88% has been collected compared to $4.3 or 88% in FY 2012-13. Transfers from Other Funds: Current practice is to transfer 1/12 of the budgeted transfers from other funds each month. This will result in 100% realization of this funding source for the year. Expenditures (Exhibit B) Budgeted Expenditures: Overall, appropriations increased approximately 2.3% from $69.6 M to $71.2 M. The budget increase was due to the cost of doing business, providing funding for additional landscaping, wage increases and increases for insurance costs. Actual Expenditures – General Fund expenditures for the six month period ending March 31 (50% of the fiscal year) are $40.2 M that is 56% of the $71.2 M expenditure appropriation for FY 2013-14. The table at the top of Exhibit B displays actual expenditures of $40.2 M or 56% of the FY 2013-14 budget. At this point in the fiscal year, spending levels are slightly ahead compared to the $38.8 M or 56% actual spending levels in FY 2012-13 for this same period. UTILITY FUND The FY 2013-14 annual expenditure budget of $39.1 M represents a $1.4 M increase from the FY 2012-13 budget of $37.7 M. The operational forecast reflects an increase of an estimated $49K into the fund balance for FY 2013-14. FY 2013-14FY 2012-13FY 2014 vs. 2013 Annual Annual Actual to DateActual to Date BudgetActual BudgetBudget Amount%Amount%%% Revenues & Transfers$ 39,167$ 20,62853%$ 37,719$ 19,09551%4%8% Expenditures$ (39,167)$ (19,713)50%$ (37,719)$ (18,907)50%4%4% Excess (Deficit)$ -$ 915$ -$ 188 For the six month period in FY 2013-14,  Revenues realized are $20.6 M (53%) of the annual budget estimate.  Expenditures incurred are $19.7 M (50%) of the annual appropriated budget. This resulted in revenues in excess of expenditures yielding a surplus of approximately $915 K. The following provides brief comments on the Utility Fund revenues and expenditures to date. 89 of 451 Revenues (Exhibit C) - The $20.6 M in FY 2013-14 actual revenues and fund balance have increased over the $19.0 M in FY 2012-13, because of two factors:  Water Sales - $9.4 M equivalent to 53% of the annual estimate, compared to $9.0 M or 51% at this point in FY 2012-13.  Water Service Charge - $552 K equivalent to 123% of the annual estimate, compared to $220 K at this point in FY 2012-13, due to a vigorous collection process and the utilization of appropriate revenue account.  Sewer Service - $8.6 M equivalent to 52% of the annual estimate, compared to $8.4 M or 50% at this point in FY 2012-13.  In FY 2012-13, $ 49 K is being recognized as an added increase to fund balance, compared to an added increase of $ 1.2 M in FY 2012-13. Expenditures (Exhibit D) – Utility Fund FY 2013-14 expenditures to date are $19.7 M or 50% of the annual appropriation compared to expenditures of $18.9 M or 50% for the prior fiscal year. A: Discuss this Budget Status Report or request clarification at the City LTERNATIVES Commission meeting. 90 of 451 91 of 451 92 of 451 93 of 451 94 of 451 6. C CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve request of C&T Breakfast and Lunch, dba EQUESTED CTION BY ITY OMMISSION The East Ocean Avenue Café, for a Sidewalk Café permit. Applicant: Ms. Cindy Sumlin, operator of The East Ocean Avenue Cafe, 412 East Ocean Avenue. ER: Cindy Sumlin, operator of C&T Breakfast and Lunch, doing XPLANATION OF EQUEST business as The East Ocean Avenue Cafe, is proposing to place six (6) tables with four (4) seats each on the sidewalk along Ocean Avenue, which would be subject to sidewalk café application approval. The applicant is a tenant and has received permission from the landlord, BOBKATZ PROPERTIES, INC. The East Ocean Avenue Cafe currently has a business tax receipt for 10 seats. The applicant has requested an additional 24 seats and provided a proposed seating layout on the sidewalk. Staff has reviewed the layout and recommends the westernmost table be eliminated, as it is located in front of the neighboring tenant’s storefront. If approved following staff’s recommendation, the sidewalk café permit would provide for 20 additional seats for a total of 30 seats. The site plan submitted with the application indicates the proposed seating layout would not adversely impact pedestrian movements on Ocean Avenue. Risk Management has reviewed and approved the insurance policy submitted. th The CRA Board reviewed the application request at their April 8 meeting and recommended its approval to the City Commission, following staff’s recommendation for the elimination of the westernmost table. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 95 of 451 FI: There will be a slight increase in the annual business tax fee.Increase ISCAL MPACT in State Sales Tax Revenue Sharing will be negligible. A: None recommended. LTERNATIVES 96 of 451 97 of 451 98 of 451 99 of 451 100 of 451 101 of 451 102 of 451 103 of 451 104 of 451 105 of 451 106 of 451 107 of 451 108 of 451 109 of 451 110 of 451 6. D CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R14-035 - EQUESTED CTION BY ITY OMMISSION Approve and authorize signing of an Agreement for Water Service outside the City Limits with the Haitian Bethel Baptist Church Inc., for the property at 7501 High Ridge Road, Hypoluxo, FL. ER: Water service areas have been designated between the XPLANATION OF EQUEST County and local utilities. This was accomplished under agreement #85-757 and revised under City Resolution #00-123, Palm Beach County Agreement R2000-1534. The property covered by this Agreement is located in unincorporated Palm Beach County area outside of the City limits in our water service area west of I95 between Gateway Blvd., and Hypoluxo Road. The property historically receives water from a well and the owner now requests that we provide potable water in the future. H? The City is able to provide water to OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property resulting from water main improvements constructed by Palm Beach County. The owner agrees to be responsible for all costs to provide service to the owner’s premises. No additional construction is required by the City to serve this property. FI: Customers outside the City limits pay an additional 25% surcharge ISCAL MPACT above the water rates charged to customers within the City. 111 of 451 A: Deny request to provide service. If service is denied the Consumptive LTERNATIVES Use Permit could be subject to modification. The Utility Department is granted water allocation under the South Florida Water Management District Consumptive Use Permit. The current permit has limiting restriction #19 that states “The Permittee shall notify the District within 30 days of any change in service area boundary. If the Permittee will not serve a new demand within the service area for which the annual allocation was calculated, the annual allocation may then be subject to modification and reduction”. 112 of 451 RESOLUTION NO. R14- A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING EXECUTION OF AN AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION BETWEEN THE CITY OF BOYNTON BEACH AND HAITIAN BETHEL BAPTIST CHURCH, INC; PROVIDING AN EFFECTIVE DATE. WHEREAS, the subject property is located outside of the City limits, but within our water and sewer service area, at 7501 High Ridge Road, Hyoluxo, Florida (PCN: 00-43-45-08- 01-000-0210); and WHEREAS , the parcel covered by this agreement is located in unincorporated Palm Beach County portion of the City’s utility service area and will be used as a church; and WHEREAS , the property historically receives water from a well and the owner now requests that the City provide potable water in the future; and WHEREAS , no additional construction will be required by the City to serve this property. 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 hereby authorizes and directs the City Manager to execute a Water Service Agreement between the City of Boynton Beach, Florida and Haitian Bethel Baptist Church, Inc., a copy of said Agreement is attached hereto as Exhibit "A". Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2014. 113 of 451 CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor _______________________________ Vice Mayor – Joe Casello _______________________________ Commissioner – David T. Merker ________________________________ Commissioner – Mack McCray ________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: ____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 114 of 451 115 of 451 116 of 451 117 of 451 118 of 451 119 of 451 120 of 451 121 of 451 122 of 451 123 of 451 124 of 451 6. E CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R14-036 - EQUESTED CTION BY ITY OMMISSION Approve and authorize the City Manager to execute a Memorandum of Understanding (MOU) with G4S Secure Solutions, (USA) Inc. ER: This MOU is for the purpose of satisfying the requirements XPLANATION OF EQUEST of Palm Beach County Ordinance 2010-056, Section 13-20 (d) (2), for G4S Secure Solutions, (USA) Inc. Certificate of Public Convenience and Necessity (COPCN). The City of Boynton Beach desires to enter into this MOU with G4S Secure Solutions, (USA) 1)2) Inc. for the purpose of establishing: ALS First Responder minimum qualifications, 3)4) Roles and Responsibilities of the ALS First Responders, 911 Dispatch Protocols, 5) Documentation relative to patient care pursuant to Florida Administrative Code 64J, Infectious Disease Exposure Notification procedures for all emergency scenes occurring in the City of Boynton Beach community of Hunter’s Run. H? The agreement will ensure that ALS OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES First Responders working in the City of Boynton Beach community of Hunter’s Run understand their roles and responsibilities and clearly establish the City of Boynton Beach as the final authority over EMS patient care and transport, as provided by the current Certificate of Public Convenience and Necessity (COPCN) issued by Palm Beach County. FI: None ISCAL MPACT A: Not to enter into this agreement, thus not allowing G4S Secure LTERNATIVES Solutions, (USA) Inc. to obtain the required COPCN to satisfy Palm Beach County Ordinance 2010-056, Section 13-20 (d) (2). 125 of 451 RESOLUTION R14- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BOYNTON BEACH AND G4S SECURE SOLUTIONS (USA), INC., TO ENSURE THAT ALS FIRST RESPONDERS WORKING IN HUNTERS RUN UNDERSTAND THEIR ROLES AND RESPONSIBILITIES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the attached Memorandum of Understanding will ensure that ALS First Responders working in the City of Boynton Beach community of Hunter’s Run understand their roles and responsibilities and clearly establish the City of Boynton Beach as the final authority over EMS patient care and transport as provided by the current Certificate of Public Convenience and Necessity (COPCN) issued by Palm Beach County; and WHEREAS , the Memorandum of Understanding satisfies the requirements of Palm Beach County Ordinance 2010-056, Section 13-20(d)(2), for G4S Secure Solutions, (USA) Inc., Certificate of Public Convenience and Necessity (COPCN); and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve and authorize the City Manager to sign the Memorandum of Understanding between the City of Boynton Beach and G4S Secure Solutions, (USA) Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve and authorize the City Manager to sign the Memorandum of Understanding between the 126 of 451 City of Boynton Beach and G4S Secure Solutions, (USA) Inc, a copy of the Memorandum of Understanding is attached hereto as Exhibit "A". Section 3. This Resolution will become effective immediately upon passage. th PASSED AND ADOPTED this 6 day of May, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray ______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _____________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 127 of 451 128 of 451 129 of 451 130 of 451 131 of 451 132 of 451 6. F CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R14-037 - EQUESTED CTION BY ITY OMMISSION Approve a piggy-back to the Town of Davie, Florida Agreement with Novusolutions for the Implementation of Agenda Automated Workflow Software Solutions, and authorize the City Manager to execute an agreement with Novusolutions of Tampa, FL. for a first year cost of $8,550 with subsequent annual fees of $7,800. FAAP: O1,2014S30,2015 IRST NNUAL GREEMENT ERIOD CTOBER TO EPTEMBER ER: The City has been utilizing EasyAgenda Version 2008.3.0 since XPLANATION OF EQUEST December 2008. The software solution no longer meets the City’s needs due to the fact there is no longer any support available for this product from the vendor, R & S Integrated Products and Service of Lakeland, FL. The City currently pays R & S Integrated Products & Services an annual maintenance fee of $5,500. for EZ Agenda support. The City will be working with Novusolutions during Summer 2014 and intends to go live with NovusAGENDA by the beginning of October 2014. The Agreement with R & S Integrated Products expires September 30, 2014. Staff researched and reviewed four companies for viable agenda automation workflow software solutions and ranked Novusolutions as the firm best qualified to provide the required services. This purchase will streamline the workload and make the agenda process seamless and more efficient. NovusAGENDA is a web based solution and requires no software other than a browser; this will allow access from any location where internet access is available. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES 133 of 451 Novusolutions will provide NovusAGENDA to the City under a sixty day pilot program. During that time Novusolutions will allow the City a “trial run” using the NovusAGENDA. At the end of the trial period, if the City chooses to continue using this software solution, Novusolutions has agreed to honor the terms, conditions and pricing of the Town of Davie Agreement for the award for the Request for Proposal for “Agenda Automated Workflow Software”, RFP No. B-12-23. The Town of Davie has complied with public competitive bid requirements that equal or exceed the City of Boynton Beach bid requirements. FI: ISCAL MPACT The first-year cost for this software solution is $8,550 which includes set up, training and support through September 30, 2015. The annual maintenance cost for subsequent years is $7,800. Funding is available in Accounts 001-1510-513-46-91 and 001-1310-512-49-17. A: The alternative would be to return to a manual process and a cumbersome LTERNATIVES paper agenda. 134 of 451 RESOLUTION NO. R14- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A PURCHASE AGREEMENT WITH NOVUSOLUTIONS OF TAMPA, FLORIDA, FOR THE IMPLEMENTATION OF AGENDA AUTOMATED WORKFLOW SOFTWARE SOLUTIONS FOR A FIRST YEAR COST OF $8,550 WITH SUBSEQUENT ANNUAL FEES OF $7,800; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City has been utilizing EasyAgenda Version 2008.3.0 since December 2008; and WHEREAS , the software no longer meets the City’s needs and the Agreement with R & S Integrated Products will expire September 30, 2014; and WHEREAS, in order to transition smoothly, City staff will be working with Novusolutions during the Summer, 2014 and intends to go live with NovusAgenda the beginning of October, 2014; and WHEREAS , upon recommendation of staff, the City Commission has determined that it is in the best interests of the residents of the City to approve a Purchase Agreement with Novusolutions of Tampa, Florida for the implementation of Agenda Automated Workflow Software Solutions and authorize the City manager to enter into a Purchase Agreement in the amount of $8,550 for a first year cost with subsequent annual fees of $7,800. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. Section 2. The City Commission of the City of Boynton Beach, Florida does hereby approve a Purchase Agreement with Novusolutions of Tampa, Florida for the implementation of 135 of 451 Agenda Automated Workflow Software Solutions and authorize the City manager to enter into a Purchase Agreement in the amount of $8,550 for a first year cost with subsequent annual fees of $7,800, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. PASSED AND ADOPTED this _____ day of May, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC, City Clerk (Corporate Seal) 136 of 451 137 of 451 138 of 451 139 of 451 140 of 451 141 of 451 142 of 451 143 of 451 144 of 451 145 of 451 146 of 451 147 of 451 148 of 451 149 of 451 150 of 451 151 of 451 152 of 451 153 of 451 154 of 451 155 of 451 156 of 451 157 of 451 158 of 451 159 of 451 160 of 451 161 of 451 162 of 451 163 of 451 164 of 451 165 of 451 166 of 451 167 of 451 168 of 451 169 of 451 170 of 451 171 of 451 172 of 451 173 of 451 174 of 451 175 of 451 176 of 451 177 of 451 178 of 451 179 of 451 180 of 451 181 of 451 182 of 451 183 of 451 184 of 451 185 of 451 186 of 451 187 of 451 188 of 451 189 of 451 190 of 451 191 of 451 192 of 451 193 of 451 194 of 451 195 of 451 196 of 451 197 of 451 198 of 451 199 of 451 200 of 451 201 of 451 202 of 451 203 of 451 204 of 451 205 of 451 206 of 451 207 of 451 208 of 451 209 of 451 210 of 451 211 of 451 212 of 451 213 of 451 214 of 451 215 of 451 216 of 451 217 of 451 218 of 451 219 of 451 220 of 451 221 of 451 222 of 451 223 of 451 224 of 451 225 of 451 226 of 451 227 of 451 228 of 451 229 of 451 230 of 451 231 of 451 232 of 451 6. G CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R14-038 - EQUESTED CTION BY ITY OMMISSION Accept the offer of $5,120 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for Cesar Rodriguez of 19 Crossings Circle #C, Boynton Beach, Florida, 33435, in the amount of $64,000 ER: Mr. Rodriguez purchased his home for $165,000 in April of XPLANATION OF EQUEST 2006 with assistance from the City of Boynton Beach’s first time homebuyer program. The City’s second mortgage, in the amount of $64,000, is a zero interest (0%) lien that runs concurrent with the first mortgage. The offer of $5,120 is eight percent (8%) of the City’s second mortgage which is in accordance with the City’s Short Sale Policy. This request meets the City of Boynton Beach Short Sale Policy as adopted by Resolution R13-010, stating that owners must show hardship, as Mr. Rodriguez has suffered complete loss of income in recent years, and has been living off his savings and unemployment benefits, all the while keeping his mortgage and homeowner association payments current. He has been able to secure a buyer for the property, and his bank agreed to a short sale in the amount of $55,400, which is higher than the current Property Appraiser’s assessed value of $36,000. H? As most foreclosures are OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES inevitable once Lis Pendens has been filed, it is in the City’s best interest to allow the property to be transferred to a new homeowner, which will help keep the neighborhood stabilized, and receive some form of monetary recoupment. 233 of 451 FI: Should the property go into foreclosure, the City has virtually no hope of ISCAL MPACT regaining any funding, and there is no indication as to how long the property would stay vacant in the neighborhood. Allowing the short sale and bank’s offer of $5,120 will allow the City to regain dollars to subsidize its current housing assistance funds. A: Not to allow the short sale, and force the City into costly legal action LTERNATIVES with almost no chance of regaining any funds. 234 of 451 RESOLUTION R14-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE OFFER OF $5,120 AS SETTLEMENT OF THE CITY’S SECOND MORTGAGE AS A RESULT OF A PROPOSED SHORT SALE FOR CESAR RODRIGUEZ BASED ON THE CITY’S SHORT SALE POLICY FOR FIRST TIME HOMEBUYER ASSISTANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, with the assistance of the City of Boynton Beach’s first time homebuyer assistance program Cesar Rodriguez purchased their home at 19 Crossings Circle, #C, for $165,000 in April of 2006; and WHEREAS , the City of Boynton Beach’s second mortgage in the amount of $64,000 is a zero interest (0%) lien that runs concurrent with the first mortgage; and WHEREAS, rather than be foreclosed upon, the homeowner was able to secure a buyer for the property and their bank has agreed to a short sale in the amount of $55,400; and WHEREAS, the proposed settlement offer is in accordance with the City’s Short Sale Policy for the City’s First Time Homebuyer Assistance Program; 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 accept the offer of $5,120 as settlement of the City’s second Mortgage as a result of the proposed short sale for Cesar Rodriguez. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida hereby accepts the offer of $5,120 as settlement of the City’s second Mortgage as a result of the 235 of 451 proposed short sale for Cesar Rodriguez. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of May, 2014. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ________________________________ Vice Mayor – Joe Casello ________________________________ Commissioner – David T. Merker ________________________________ Commissioner – Mack McCray ________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 236 of 451 237 of 451 238 of 451 239 of 451 240 of 451 241 of 451 242 of 451 243 of 451 244 of 451 245 of 451 246 of 451 247 of 451 248 of 451 249 of 451 250 of 451 251 of 451 252 of 451 253 of 451 254 of 451 255 of 451 256 of 451 6. H CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R14-039 - EQUESTED CTION BY ITY OMMISSION Accept the offer of $4,500 as settlement of the City's Second Mortgage that exists on this property as a result of the proposed short sale for David and Alexis Massey of 8 Via de Cases Sur, #103, Boynton Beach, Florida, 33426, in the amount of $45,000 ER: Staff recommends the approval of this short sale previously XPLANATION OF EQUEST approved by Commission on April 16, 2013 by Resolution R13-035. The Massey’s meet the hardship requirement of the City of Boynton Beach Short Sale Policy as adopted by Resolution R13-010, as they were forced to move out of state due to unemployment issues. The previous sales price in the amount of $85,000 has been increased to $125,000 with a contracted buyer. H? Allowing the short sale transfer of OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the property to a new homeowner avoids foreclosure proceedings, thereby keeping the neighborhood stabilized. FI: The recapture of $4,500 to use in the city’s affordable housing program. ISCAL MPACT A: Not to allow the revised short sale, and force the City into costly legal LTERNATIVES action with almost no chance of regaining any funds. 257 of 451 RESOLUTION R14-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ACCEPTING THE OFFER OF $4,500 AS SETTLEMENT OF THE CITY’S SECOND MORTGAGE AS A RESULT OF A PROPOSED SHORT SALE FOR DAVID AND ALEXIS MASSEY BASED ON THE CITY’S SHORT SALE POLICY FOR FIRST TIME HOMEBUYER ASSISTANCE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, with the assistance of the City of Boynton Beach’s first time homebuyer assistance program David and Alexis Massey purchased their home at 8 Via De Casas Sur #103 for $215,000 in June of 2006; and WHEREAS , the City of Boynton Beach’s second mortgage in the amount of $45,000 is a zero interest (0%) lien that runs concurrent with the first mortgage; and WHEREAS, rather than be foreclosed upon, the homeowner was able to secure a buyer for the property and their bank has agreed to a short sale in the amount of $125,000; and WHEREAS, the proposed settlement offer is in accordance with the City’s Short Sale Policy for the City’s First Time Homebuyer Assistance Program; 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 accept the offer of $4,500 as settlement of the City’s second Mortgage as a result of the proposed short sale for David and Alexis Massey. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida hereby 258 of 451 accepts the offer of $4,500 as settlement of the City’s second Mortgage as a result of the proposed short sale for David and Alexis Massey. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of May, 2014. CITY OF BOYNTON BEACH, FLORIDA ________________________________ Mayor – Jerry Taylor ________________________________ Vice Mayor – Joe Casello ________________________________ Commissioner – David T. Merker ________________________________ Commissioner – Mack McCray ________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 259 of 451 260 of 451 261 of 451 262 of 451 263 of 451 264 of 451 265 of 451 266 of 451 267 of 451 268 of 451 6. I CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION No. R14-040 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to sign the First Addendum to the "Utilities Department Two Year Janitorial Services Contract", Bid No. 037-2821-11/CJD with United States Service Industries (USSI) for the renewal term including a 2% increase in pricing resulting in an annual cost of $26,768.88 RTC:1,201431,2015 ENEWAL ERM OF ONTRACT AUGUST TO JULY ER: XPLANATION OF EQUEST On June 21, 2011, City Commission approved a two (2) year contract between the City of Boynton Beach and USSI to provide janitorial services for the Utilities Administration Building, the East Water Treatment Plant, and the West Water Treatment Plant for the annual amount of $26,244.00. The initial contract term has passed and the contractor extended the contract for an additional year (August 1, 2013 to July 31, 2014) at the same terms, conditions, and pricing. There is an option to extend for an additional one-year period. USSI has requested an increase due to the rising cost of products and labor. The vendor has kept the annual cost at $26,244.00 for three (3) years. The Utilities department understands the request and is recommending a 2% increase for the renewal term (August 1, 2014-July 31, 2015), USSI is agreeable to this increase. 269 of 451 H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES The Utilities Department has been very satisfied with the services provided by USSI and would like to utilize their services for an additional year with the 2% increase in the annual cost for the renewal year. FI: ISCAL MPACT The total fiscal impact of the 2% increase is an additional $524.88 for the year from $26,244.00 to $26,768.88. Funding is available from account numbers 401-2811-536- 49-17 and 401-2821-536-49-17. A: LTERNATIVES Reject the requested increase from USSI and issue a new bid for janitorial services for the Utilities Department. 270 of 451 RESOLUTION NO. R14- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING A FIRST ADDENDUM TO THE “UTILITIES DEPARTMENT TWO YEAR JANITORIAL SERVICES CONTRACT” WITH UNITED STATES SERVICE INDUSTRIES, INC., OF FORT MYERS IN THE AMOUNT OF $26,768.88 ANNUALLY; AUTHORIZING THE CITY MANAGER TO SIGN THE ADDENDUM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , on June 21, 2011, the City Commission approved a two (2) year contract between the City of Boynton Beach and USSI to provide janitorial services for the Utilities Administration Building, the East Water Treatment Plant and the West Water Treatment Plant; and WHEREAS, the contract contains an option to extend for an additional one year period and the Vendor is requesting an increase due to the rising costs of products and labor; and WHEREAS, the Utilities Department has reviewed the request and is recommending a 2% increase for the renewal term to which USSI is agreeable; 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 of the City of Boynton Beach to approve the First Amendment to the “Utilities Department Two Year Janitorial Services Contract” with USSI in the amount of $26,768.88, annually; and authorizes the City Manager to sign the First Addendum. 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, hereby approves a First Addendum to the “Utilities Department Two Year Janitorial Services Contract” with United States Service Industries, Inc., of Fort Myers, Florida with an annual expenditure of 271 of 451 $26,768.88 and authorizes the City Manager to sign the Addendum between the parties, a copy of which is attached hereto as Exhibit “A”. Section 3. That this Resolution shall become effective immediately. th PASSED AND ADOPTED THIS 6 day of May, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 272 of 451 273 of 451 274 of 451 275 of 451 276 of 451 6. J CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R14-041 - EQUESTED CTION BY ITY OMMISSION Authorize the City Manager to enter into an agreement with Kimley-Horn and Associates, Inc. of Delray Beach, FL for "CONSULTANT SERVICES TO MODIFY THE GREENWAY AND BIKEWAY MASTER PLAN" as a result of RFQ #023-2730-14/JMA in the amount of $70,785. TA:O(1). ERM OF GREEMENT NE YEAR FROM EXECUTION OF AGREEMENT ER: On March 18, 2014 the City Commission approved the list of XPLANATION OF EQUEST top ranking qualifiers identified by the Evaluation Committee from the responses received from RFQ #023-2730-14/JMA for Consultant Services to Modify the Greenway and Bikeway Master Plan and authorized staff to negotiate with Kimley-Horn and Associates, Inc., the top ranked qualifier. The RFQ was advertised and submittals opened on January 23, 2014. The City received and reviewed three (3) submittals and submitted the three (3) ranked qualifiers to the City commission on March 18, 2014 for their approval and authorization to move forward with negotiations for compensation of services with Kimley-Horn and Associates, Inc., according to Florida State Statute 287.55, Consultants’ Competitive Negotiations Act. Kimley-Horn and Associates, Inc. will provide services of a qualified individual and/or firm capable of providing professional services to provide a comprehensive plan identifying, illustrating, defining, and prioritizing the improvement of new and existing greenways, trails, and associated amenities. 277 of 451 When implemented, the greenways identified in the Master Plan will increase and enhance multimodal and non-motorized transportation; tourism, education, recreation, economic development, health, physical fitness, and environmental conservation throughout the defined area. The Plan should include recommendations for design guidelines, mapping, parking, and potential funding. All maps generated must be compatible with the City of Boynton Beach’s Geographical Information System (GIS) Division’s ESRI format. The updated plan should address the diversity of users by incorporating quality of life, property value, and safety issues relating to the development of “on and off street” facilities. The plan should provide detailed actions that outline strategies and work plans for accomplishing public land acquisition, public and private land management, recreation, education and interpretation, information management and program funding. The scope of services is provided as Attachment “A”, Consultant performance evaluation is provided as Attachment “B”, Negotiated hourly rate schedule is provided as Attachment “C”, and Proposed project fee estimate is provided as Attachment “D” to the agreement. H? This agreement will provide the OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES City with an updated Master Plan that will increase non-motorized transportation, connect urban and natural areas, and increase recreation and conservation activities in the City. FI: The funding for this agreement will be from the Park Impact Fee Fund, ISCAL MPACT account number 141-2730-572-4917. A: Not approve the contract and either re-issue the RFQ or not update the LTERNATIVES Greenway and Bikeway Master Plan. 278 of 451 RESOLUTION NO. R14- A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER AND CITY CLERK TO SIGN AN AGREEMENT FOR CONSULTING SERVICES BETWEEN CITY OF BOYNTON BEACH AND KIMLEY-HORN AND ASSOCIATES, INC., FOR “CONSULTANT SERVICES TO MODIFY THE GREENWAY AND BIKEWAY MASTER PLAN” AS A RESULT OF RFQ #023-2730- 14/JMA IN THE AMOUNT OF $70,785.00; AND PROVIDING AN EFFECTIVE DATE. WHEREAS ,the City Commission of the City of Boynton Beach, upon recommendation of staff, deems it to be in the best interests of the citizens and residents of the City of Boynton Beach, to enter into an Agreement for Consulting Services with Kimley-Horn and Associates, Inc., for “Consultant Services to Modify the Greenway and Bikeway Master Plan” as a result of RFQ #023-2730-14/JMA in the amount of $70,785.00. 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 authorize the City Manager and City Clerk to sign an Agreement for Consulting Services with Kimley-Horn and Associates, Inc., for “Consultant Services to Modify the Greenway and Bikeway Master Plan” as a result of RFQ #023-2730-14/JMA in the amount of $70,785.00, a copy of which is attached hereto as Exhibit “A”. Section 3. This Resolution shall become effective immediately upon passage. 279 of 451 PASSED AND ADOPTED this _____ day of May, 2014. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker _______________________________ Commissioner – Mack McCray _______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _________________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 280 of 451 AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT is entered into between the City of Boynton Beach, hereinafter referred to as “CITY”, and KIMLEY-HORN AND ASSOCIATES, INC., hereinafter referred to as “CONSULTANT”, in consideration of the mutual benefits, terms, and conditions hereinafter specified. WHEREAS, pursuant to Section 287.055, Florida Statutes, the City of Boynton Beach solicited proposals for a non-exclusive Contract to perform consultant services with an architecture/engineering/urban planning firm for required services, and WHEREAS, THE CITY issued a Request for Qualifications for “Consultant Services to Modify and Update the Greenway and Bikeway Master Plan; RFQ No. 023-2730-14/JMA; and WHEREAS, RFQ No. 023-2730-14/JMA defined Scope of Services as outlined in Attachment “A”. WHEREAS, the CITY determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the CITY Commission on March 18, 2014, determined that CONSULTANT was qualified for appointment to perform the scope of services set forth in the Request for Qualifications; and WHEREAS, the City Manager, through her administrative staff, has successfully negotiated an Agreement with CONSULTANT defining terms and conditions for the performance of consulting and professional design services within the scope of the Request for Qualifications. NOW, THEREFORE, in consideration of the mutual covenants expressed herein, the parties agree as follows: ARTICLE 1 - SERVICES CONSULTANT agrees to perform Consultant Services for modification/updating the Greenway/Bikeway Master Plan services, at the request of the CITY during the term of this Agreement, including the provision of all labor, materials, equipment and supplies. The CITY’s Project Manager during the performance of this Contract shall be Carisse LeJeune, telephone (561) 742-6012. 281 of 451 ARTICLE 2 - TERM The CONSULTANT shall be available to commence services on the date of the execution of this Contract until project completion; CITY anticipates this to be twelve (12) months. ARTICLE 3 - TIME OF PERFORMANCE Work under this Contract shall commence upon the giving of written notice by the CITY to the CONSULTANT by way of an executed purchase order. CONSULTANT shall perform all services and provide all work product required pursuant to this Agreement and the specific task order, unless an extension of time is granted in writing by the CITY. ARTICLE 4 - PAYMENT The CONSULTANT shall be paid by the CITY for completed work and for services rendered under this agreement at the hourly rates set forth in Attachment “C” for an estimated project total of $70,785. as outlined in Attachment “D” as follows: a. 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 checked by the CITY, and upon approval thereof, payment will be made to the CONSULTANT in the amount approved. b. 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. c. 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. ARTICLE 5 - OWNERSHIP AND USE OF DOCUMENTS All documents, drawings, specifications and other materials produced by the CONSULTANT 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 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 Agreement, without the written consent of CONSULTANT, shall be at the CITY’s sole risk. ARTICLE 6 - 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. 282 of 451 ARTICLE 7 - WARRANTIES AND REPRESENTATIONS CONSULTANT 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. CONSULTANT’s services shall meet a standard of care for professional design services and related services equal to or exceeding the standard of care for architectural/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 Agreement. CITY 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 may be withheld in the sole and absolute discretion of the CITY. ARTICLE 8 - COMPLIANCE WITH LAWS CONSULTANT shall, in performing the services contemplated by this service Agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this Agreement. ARTICLE 9 - INDEMNIFICATION CONSULTANT 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 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 occasioned by a negligent act, omission or failure of the CONSULTANT. 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 my result from this Agreement or out of the services or goods furnished hereunder. ARTICLE 10 - INSURANCE 10.1 During the performance of the services under this Contract, CONSULTANT shall maintain the following insurance policies, and provide originals or certified copies of all policies, 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. 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. 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 283 of 451 shall include Premises and Operations; Independent Contractors, Products Completed Operations and Contractual Liability with specific reference of 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. CONSULTANT 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. 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 minimum amount of $300,000 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 occurrence. 10.2 It shall be the responsibility of the CONSULTANT to ensure that all sub- contractors 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 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 Agreement. Nothing in this Agreement 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 284 of 451 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 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 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 Agreement, 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 Agreement. For breach or violation of this warranty, the CITY shall have the right to annul this Agreement 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. ARTICLE 13 – TRUTH-IN-NEGOTIATION CERTIFICATE 13.1 Execution of this Agreement 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 Agreement is accurate, complete, and current as of the date of the Agreement and no higher than those charged the CONSULTANT’s most favored customer for the same or substantially similar service. 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 - DISCRIMINATION PROHIBITED The CONSULTANT, 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 285 of 451 selection and retention of employees or procurement of materials or supplies. ARTICLE 15 - ASSIGNMENT The CONSULTANT 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 A waiver by either CITY or CONSULTANT of any breach of this Agreement 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 17 – TERMINATION 17.1 Termination for Convenience: This Agreement 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 Agreement or causes it to be terminated, CONSULTANT shall indemnify the CITY against loss pertaining to this termination. 17.2 Termination for Default: In addition to all other remedies available to the CITY, this Agreement shall be subject to cancellation by the CITY for cause, should the CONSULTANT neglect or fail to perform or observe any of the 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. ARTICLE 18 - DISPUTES 286 of 451 Any dispute arising out of the terms or conditions of this Agreement shall be adjudicated within the courts of Palm Beach County. Further, this Agreement shall be construed under Florida Law. ARTICLE 19 – UNCONTROLLABLE FORCES 19.1 Neither the CITY nor CONSULTANT 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. 287 of 451 ARTICLE 20 - NOTICES Notices to the CITY of Boynton Beach shall be sent to the following address: City of Boynton Beach Attn:Lori LaVerriere,City Manager 100 E. Boynton Beach Blvd Boynton Beach, FL 33425 Notices to CONSULTANT shall be sent to the following address: Kimley-Horn and Assoc, Inc Attn: Stewart Robertson 1690 So Congress Ave,Ste 100 Delray Beach, FL 33445 ARTICLE 21 - INTEGRATED AGREEMENT This Agreement, together with RFQ No. 023-2730-14/JMA 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 Agreement may be amended only by written instrument signed by both CITY and CONSULTANT. 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 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. 288 of 451 ARTICLE 23 – PUBLIC RECORDS The City of Boynton Beach is a public agency subject to Chapter 119, Florida Statutes. The contractor shall comply with Florida’s Public Records Law. Effective July 1, 2013, Section 119.071, Fla. Stat., the contractor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform the service; 2. Provide the public with access to such public records on the same terms and conditions that the City would provide the records and at a cost that does not exceed that provided in chapter 119, Fla. Stat., or as otherwise provided by law; 3. Ensure that public records that are exempt or that are confidential and exempt from public record requirements are not disclosed except as authorized by law; and 4. Meet all requirements for retaining public records and transfer to the City, at no cost, all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt. All records stored electronically must be provided to the City in a format that is compatible with the information technology of the agency. Failure of the contractor to comply with the provisions set forth in this General Condition shall constitute a Default and Breach of the Agreement with the City. 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 ________________________________________, 2014. CITY OF BOYNTON BEACH _________________________________ _________________________ City Manager CONSULTANT Attest/Authenticated: __________________________________ Title _________________________________ (Corporate Seal) City Clerk 289 of 451 Approved as to Form: Attest/Authenticated: ________________________________ _______________________________ Office of the City Attorney Secretary ATTACHMENT “A” REQUEST FOR QUALIFICATIONS FOR CONSULTANT SERVICES TO MODIFY THE GREENWAY AND BIKEWAY MASTER PLAN RFQ No.: 023-2730-14/JMA SECTION 1 –SCOPE OF SERVICES AND PROJECT INFORMATION 1.1INTRODUCTION: The City of Boynton Beach recognizes the importance of providing transportation connections and links between urban areas and recreational facilities, shopping and employment centers, destination locations, historical and cultural points of interest, natural areas, and transportation centers and other regional or local greenway and trail facilities. The State of Florida has been working on establishing a statewide system of greenways and trails for transportation, recreation and conservation purposes. The Florida Department of Environmental Protection (FDEP), the Florida Department of Transportation (FDOT) and the Palm Beach Metropolitan Planning Organization (PBMPO) have encouraged the establishment and improvement of greenways in order to provide access to conservation lands, community parks, and other recreational facilities and cultural and historical sites. Using the requested consultant services, the City of Boynton Beach will develop a Greenways and Trails Master Plan that will enhance multiple modes of transportation and increase non-motorized transportation, connect urban and natural areas, and increase recreation and conservation opportunities in the City. The study area for this project is the City of Boynton Beach municipal boundaries and greenways and trails facilities adjacent to the City to identify the potential for regional and local connectivity. 1.2OBJECTIVES: 290 of 451 The general objective is for the consultant to provide a comprehensive plan identifying, illustrating, defining, and prioritizing the improvement of new and existing greenways, trails, and associated amenities. When implemented, the greenways identified in the Master Plan will increase and enhance multimodal and non-motorized transportation; tourism, education, recreation, economic development, health, physical fitness, and environmental conservation throughout the defined area. The Plan should include recommendations for design guidelines, mapping, parking, and potential funding. All maps generated must be compatible with the City of Boynton Beach’s Geographical Information System (GIS) Division’s ESRI format. The updated plan should address the diversity of users by incorporating quality of life, property value, and safety issues relating to the development of “on and off street” facilities. The plan should provide detailed actions that outline strategies and work plans for accomplishing public land acquisition, public and private land management, recreation, education and interpretation, information management and program funding. The City anticipates a completion date no later than twelve months after purchase order has been issued. . 1.3 SCOPE OF SERVICES TO BE PERFORMED: The City of Boynton Beach (City) is issuing this Request for Qualifications (RFQ) for submissions from individuals and/or firms with qualified experience as noted herein. Upon selection of the most qualified firm by the Boynton Beach City Commission, professional services agreement will be negotiated for subsequent approval by the City Commission. The professional services agreement will comply, at minimum, with the following requirements and services. SERVICES TO BE PERFORMED: 1. Develop a Public Involvement Component for the Project; 2. Meetings with various groups, including but not limited to, City staff, PBC Bicycle, Greenway, Pedestrian Advisory Committee (BGPAC), governmental representatives, representatives of the Recreation and Parks Advisory Board, Conservation groups, school representatives, cultural/historical entities, landowners, Florida Trails Association, Florida Paddling Trails Association, area employers and business leaders, and the water management district; 3. Collection and review of existing land use, Climate Action Plan implementation initiatives, transportation, planning data, and current and/or projected development projects; 4. Consideration of Crime Prevention through Environmental Design (CEPTED) principles; 5. Update and modify the existing inventory identified in the City’s Greenway and Bikeway Master Plan of features that might lend themselves to greenways and bikeways including but not limited to abandoned rail corridors, utility corridors, canals, and bicycle lane opportunities for on- road facilities and public owned lands; 6. Recommendations and compilation of date into the updated plan that can be implemented, including City digital data; 291 of 451 7. Identification of potential funding sources; 8. Prioritization of Property Acquisition; 9. Development of a detailed project schedule incorporating the items above; 10. Identify potential public/private partnerships; 11. Coordination with other regional entities; and 12. Multi-use trail guidelines. DELIVERABLES: a. Final digital map incorporating BGPAC MPO nomenclature and symbols b. Shape files c. Two (2) printed 36” x 50” final maps d. One-on-one meetings with elected officials e. Attendance at no more than two (2) City Commission Meetings. 1.3 PERFORMANCE EVALUATION: The awarded Consultant will receive a performance evaluation by City Staff on an annual basis to evaluate design professional performance for consideration in future projects. Attachment B enclosed within this document illustrates a sample evaluation form used by the City for the various types of services provided by the Consultant. 292 of 451 ATTACHMENT “B” PERFORMANCE EVALUATION FORM CONSULTING ARCHITECT/ENGINEER 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 Project: 3. Project Manager: CONSTRUCTION CONTRACT DATA 5. a. Architect/Engineer’s $ Final Cost: $ estimate: b. Substantial Construction Completion Date: c. Final Construction Completion Date: 6. Overall Rating (Check Unsatisfactory One) Poor Fair Good Excellent 7. Recommended for Future Contracts? Yes No Conditional If other than yes, provide detailed explanation on a separate sheet of paper. 8. Name, title, and office of rating officer (e.g. City Engineer): 9. Signature of rating officer: ATTACHMENT B PERFORMANCE EVALUATION FORM CONSULTING ARCHITECT/ENGINEER (continued) DESIGN SERVICES AND PRELIMINARY DOCUMENT PREPARTION PHASE 293 of 451 Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough site investigation 1 2 3 4 5 2. Meeting cost limitations 1 2 3 4 5 3. Design/results suitability 1 2 3 4 5 4. Cooperative & responsive 1 2 3 4 5 5. Timeliness of submissions 1 2 3 4 5 6. *Plans clear/detailed 1 2 3 4 5 7. *Plan/spec accuracy 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. City Engineer) Signature of rating officer: FINAL DOCUMENT PREPARATION Rate numerically 1 to 5 with 5 being the highest score N/A 1. Accuracy of documents 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 5 3. Timeliness of submissions 1 2 3 4 5 4. Response to inquiries 1 2 3 4 5 5. Response to building & permitting agencies 1 2 3 4 5 6. Addendum preparation & permit applications 1 2 3 4 5 Name and title of rating officer (e.g. City Engineer) Signature of rating officer: ATTACHMENT B PERFORMANCE EVALUATION FORM CONSULTING ARCHITECT/ENGINEER (continued) PLANNING/STUDY ACTIVITY, REPORT, OTHER Rate numerically 1 to 5 with 5 being the highest score N/A 1. Thorough investigation of situation or activity 1 2 3 4 5 2. Cooperative attitude 1 2 3 4 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 1 2 3 4 5 solving? 7. Overall results 1 2 3 4 5 294 of 451 Name and title of rating officer (e.g. City Engineer) Signature of rating officer: 295 of 451 296 of 451 297 of 451 298 of 451 6. K CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve the minutes from the Regular City EQUESTED CTION BY ITY OMMISSION Commission meeting held on April 16, 2014 The City Commission met on April 16, 2014 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. H? A record of the actions taken by OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES the City Commission will be maintained as a permanent record. FI: N/A ISCAL MPACT A: N/A LTERNATIVES 299 of 451 300 of 451 301 of 451 302 of 451 303 of 451 304 of 451 305 of 451 306 of 451 307 of 451 308 of 451 309 of 451 310 of 451 311 of 451 312 of 451 313 of 451 6. L CONSENT AGENDA May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consent to Palm Beach County's assignment of its EQUESTED CTION BY ITY OMMISSION rd lease agreement with the City for property located at 909 NE 3 St. to Lutheran Services Florida Inc. for the purpose of continued operation of the Head Start program. ER: For many years the City of Boynton Beach has owned the XPLANATION OF EQUEST rdrdth day care facility located at 909 NE 3 Street (Southwest corner of NE 3 St. and NE 9 Avenue). For most of these years, the City has leased the facility to either Boynton Beach Child Care Inc. or, since 1990 to Palm Beach County for the operation of a Head Start Program. Head Start is a federally funded program that promotes school readiness of children ages birth to 5 years for low income families. Last fall, Palm Beach County chose to no longer seek federal grant funding for the Head Start Program and instead has encouraged Lutheran Services Florida Inc. to operate the program in cooperation with The School Board of Palm Beach County and the Children’s Services Council of Palm Beach County. The County staff found that this action would allow a savings to County residents of $50,000 annually yet still allow this welcomed program to continue. In order for final transfer of Head Start programs to Lutheran Services Florida Inc., it is rd necessary to amend and assign the City facility lease at 909 NE 3 St. such that the lease of this City facility will be with Lutheran Services Florida Inc. and not Palm Beach County. 314 of 451 The amended lease as approved by Lutheran Services Florida Inc. and the Palm Beach County Board of Commissioners is attached hereto. City staff believes the Head Start Program is important to our community and recommends approval. H? Head Start Programs will continue. OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: None ISCAL MPACT A: NA LTERNATIVES 315 of 451 316 of 451 317 of 451 318 of 451 319 of 451 320 of 451 321 of 451 322 of 451 323 of 451 324 of 451 325 of 451 326 of 451 327 of 451 328 of 451 329 of 451 330 of 451 331 of 451 332 of 451 333 of 451 334 of 451 335 of 451 336 of 451 337 of 451 338 of 451 339 of 451 340 of 451 341 of 451 342 of 451 343 of 451 344 of 451 345 of 451 346 of 451 347 of 451 348 of 451 349 of 451 350 of 451 351 of 451 7. A BIDS AND PURCHASES OVER $100,000 May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Approve utilizing Xylem Water Solutions USA, Inc. EQUESTED CTION BY ITY OMMISSION for purchase of pumps, parts and service as a Sole Source vendor of Flygt pumps, parts and service for the Fiscal Year 2013-2014. This includes expenditures for parts and the repair and replacement of lift station pumps in the amount of $113,720; and purchase of three pumps in the amount of $93,780; and an anticipated expenditure of $60,000 on an "As Needed Basis" for replacement pumps, parts and service through the end of the fiscal year, for a estimated total expense of $267,500 TERM:O1,2013–S30,2014 CTOBER EPTEMBER ER: The Utilities Department has standardized all pump XPLANATION OF EQUEST purchases to Flygt and EMU Pumps to be used in the lift stations throughout our service area. More than 60% of the stations have Flygt pumps in them including five (5) of the six (6) master stations. Many of these pumps have been in use for a long time and are either at or near the end of their life cycle. As a result, there has been a substantial increase in pump repairs and replacement for this fiscal year. To date we have spent $113,720. for pump replacement and/or repair with Xylem Water Solutions USA, Inc. which owns Flygt Products, and is the sole source for Flygt pumps, parts, and service. Currently, there is a pending requisition for pump replacement in the amount of $93,780 with Xylem Water Solutions; and with the anticipation of more pump repairs/replacement before the end of the fiscal year, the Utilities Department is requesting approval for expenditures of a total of $153,780.00 ($93,780 currently pending and an estimated $60,000 on an “As Needed Basis”) with this vendor in order to circumvent any waiting period in case of an emergency. 352 of 451 H? The City of Boynton Beach OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES oversees and maintains over 160 wastewater lift stations. Each station has two or more pumps which help to convey wastewater collected from homes and businesses within the City’s service area to the South Central Regional Wastewater Plant for processing and treatment. The pumps must be routinely maintained to ensure proper function and prevent station overflows and sewage spills. Sewage on the streets or sewage back up in the homes will create a very unpleasant and unsanitary condition for the citizens of the City of Boynton Beach, and could also become a liability for the City. FI: Pump repairs and replacement were budgeted and approved for the ISCAL MPACT current fiscal year. Addressing these issues in a timely manner will provide for a more cost efficient operation, minimize or eliminate costly equipment failure, help maintain the quality of service to citizens, and avoid fines associated with failing to comply with legal requirements. A: The City of Boynton Beach could use third party services, however in LTERNATIVES doing so; the City may void manufacturer warranties, pay more in repairs, experience longer turnaround time, and risk an inferior quality of work performed by less trained and competent staff. 353 of 451 354 of 451 355 of 451 356 of 451 357 of 451 358 of 451 359 of 451 360 of 451 361 of 451 362 of 451 363 of 451 364 of 451 365 of 451 366 of 451 367 of 451 10. A CITY MANAGER’S REPORT May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: PROPOSED RESOLUTION NO. R14-042 - EQUESTED CTION BY ITY OMMISSION Establishing the Energy Edge Energy Efficiency Rebate Program, utilizing funds collected through the City's Green Building Fee (Strategic Plan Action Item 4.4; Climate Action Plan Initiatives 4.1.1.16 & 4.3.1; SE FL Regional Climate Compact CAP EF-1 th ER On April 27, 2011, the City Commission approved the Green XPLANATION OF EQUEST Building Program (Ord. 11-014), establishing a voluntary certification program and setting a fee to fund green initiatives, collected at time of building permit. The fund has been accumulating over the past three years, with a balance of approximately $26,650. As part of the City’s recently adopted Strategic Plan, City Commission has directed staff to prepare recommendations for incentivizing green/high performance buildings (Action item 4.4). While staff acknowledges there is limited funding available, the program is designed as a trial to determine the communities interest in a rebate program and green certification . incentives H? The rebate and green certification OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES elements of the Energy Edge program, seek to increase consumer awareness of energy usage and encourage energy efficient upgrades of existing homes and small businesses in the City of Boynton Beach by supplying rebates for the purchase and installation of permitted energy efficient systems and products. Property owners are required to complete a FPL energy audit of their building as part of the application. 368 of 451 The program provides rebates up to $2,500 based on the energy efficiency of the upgrade or green certification achieved. A total of $26,500 is allocated for the program, of which $25,000 will be distributed in direct rebates, and the remaining funds utilized for administrative and marketing costs. How it Works: Residents or small business owners submit a short application for pre- approval that includes a FPL Energy Survey Report, proof of owner occupancy, the type of energy-efficient product, system or certification the owner plans to install, and a written estimate of the work. Approved applicants have four months to complete the work and submit a rebate request form. Pre-approval enables the City to “reserve” the funds for approved applicants and determine when to stop accepting applications. The program has the following requirements:  Eligible participant must be the owner and occupant of the home or small business  The home / small business must be located in the City of Boynton Beach  Participant must obtain and submit an FPL Energy Survey Report  Participant must demonstrate proof of purchase, as well as appropriate permit and final inspection approvals  Energy efficient systems must be installed by a certified FPL Participating Independent Contractor or licensed Florida installer. FI: $26,500 from account 131-0000-322.01-01; $25,000 in direct rebates; ISCAL MPACT $1,500 to cover marketing and administration costs. A: Do not allocate funding to the Energy Edge program LTERNATIVES 369 of 451 RESOLUTION R14-____ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ESTABLISHING THE ENERGY EDGE ENERGY EFFICIENCY REBATE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. th WHEREAS, on April 27, 2011, the City Commission approved the Green Building Program via Ordinance 11-014, establishing a voluntary certification program and setting a fee to fund green initiatives, collected at time of building permit; and WHEREAS, the fund has been accumulating over the past three years; and WHEREAS, as part of the City’s Strategic Plan, the City Commission has directed staff to prepare recommendations for incentivizing green/high performance building; and WHEREAS , the rebate and green certification elements of the Energy Edge program seek to increase consumer awareness of energy usage and encourage energy efficient upgrades of existing homes and small businesses in the City by supplying rebates for the purchase and installation of permitted energy efficient systems and products; 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 establish the Energy Edge Energy Efficiency Rebate Program utilizing funds collected through the City’s Green Building Fee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption. Section 2. The City Commission of the City of Boynton Beach, Florida establishes the Energy Edge Energy Efficiency Rebate Program utilizing funds collected through the City’s Green Building Fee, a copy of the program is attached hereto as Exhibit 370 of 451 “A”. Section 3. This Resolution will become effective immediately upon passage. PASSED AND ADOPTED this ___ day of February, 2013. CITY OF BOYNTON BEACH, FLORIDA ______________________________ Mayor – Jerry Taylor ______________________________ Vice Mayor – Joe Casello ______________________________ Commissioner – David T. Merker ______________________________ Commissioner – Mack McCray ______________________________ Commissioner – Michael M. Fitzpatrick ATTEST: _______________________ Janet M. Prainito, MMC City Clerk (Corporate Seal) 371 of 451 372 of 451 373 of 451 374 of 451 375 of 451 376 of 451 377 of 451 378 of 451 379 of 451 380 of 451 381 of 451 382 of 451 383 of 451 384 of 451 385 of 451 386 of 451 387 of 451 388 of 451 389 of 451 390 of 451 391 of 451 392 of 451 393 of 451 394 of 451 395 of 451 396 of 451 397 of 451 398 of 451 399 of 451 400 of 451 13. A LEGAL May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Consider alternately worded ordinances amending EQUESTED CTION BY ITY OMMISSION the City Charter regarding term limits. ER: Attached are two versions of the proposed Charter XPLANATION OF EQUEST amendment ordinance. Both versions of the amendment would allow a Commissioner who has served two terms to immediately run for the Mayor seat. One version excludes the current Commissioners and the second one does not. H? TBD OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: TBD ISCAL MPACT A: Not consider amending the charter. LTERNATIVES 401 of 451 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY CHARTER; TO PROVIDE REVISIONS TO TERM LIMITS TO ALLOW A CITY COMMISSIONER WHO HAS SERVED TWO CONSECUTIVE TERMS TO QUALIFY FOR AND HOLD THE OFFICE OF MAYOR; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE NOVEMBER, 2014 GENERAL ELECTION BALLOT AND SHALL FIRST BECOME EFFECTIVE 2020 THEREBY PROHIBITING ANY CURRENT CITY COMMISSIONER FROM HOLDING THE OFFICE OF MAYOR IMMEDIATELY AFTER THE COMPLETION OF CURRENT COMMISSION’S TWO COMMISSION SEAT TERMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ("City"); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: Sec. 5. Terms of elective offices. 402 of 451 (a) All elective offices shall be for the term of three (3) years. The term for any elected office is three (3) years. No person may hold the office of City Commissioner for more than two consecutive terms. No person may hold the office of Mayor for more than two consecutive terms. A person holding the seat of City Commissioner for two consecutive terms may immediately thereafter hold the seat of Mayor. and no person shall be eligible to hold any elective office for more than two (2) consecutive terms. For purposes of this section, elective office shall include both mayor and commission member. (b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions of this section. SECTION 3. The Ballot Title shall be as follows: AMENDING TERM LIMITS SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: The City Charter contains a two term limit for both Commission and Mayor seats. Should the charter be amended to allow a City Commissioner (excluding current Commissioners) who has served two terms to immediately qualify for and hold the Mayor’s seat on the Commission? YES ____ NO ____ SECTION 5. That should a majority of electors voting on the above-referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance 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 Ordinance. 403 of 451 SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed Charter Amendments will first take effect for the March 2020 municipal election upon the affirmative vote of a majority of those electors voting in the November 2014 election. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS _____ DAY OF __________, 2014. SECOND, FINAL READING AND PASSAGE THIS _____ DAY OF _________________, 2014. CITY OF BOYNTON BEACH, FLORIDA Mayor – Jerry Taylor _____________________________________ Vice Mayor – Joe Casello _____________________________________ Commissioner – David T. Merker _____________________________________ Commissioner – Mack McCray _____________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 404 of 451 ORDINANCE NO. 14- AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED CITY CHARTER; TO PROVIDE REVISIONS TO TERM LIMITS TO ALLOW A CITY COMMISSIONER WHO HAS SERVED TWO CONSECUTIVE TERMS TO QUALIFY FOR AND HOLD THE OFFICE OF MAYOR; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE NOVEMBER, 2014 GENERAL ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS PROVIDED BY LAW AND FIRST IMPLEMENTED IMMEDIATELY THEREBY ALLOWING ANY CURRENT CITY COMMISSIONER TO QUALIFY FOR AND HOLD THE OFFICE OF MAYOR AFTER THE COMPLETION OF TWO COMMISSION SEAT TERMS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Boynton Beach ("City"); and, WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission through the adoption of an Ordinance calling for such a referendum election; and, WHEREAS, the City Commission previously authorized the establishment of a Charter Review Commission to engage in a comprehensive review of the City Charter; and, WHEREAS, the City Commission has publicly reviewed, considered, and directed that this Ordinance be prepared and that the appropriate Charter Referendum question be included herein and submitted to the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON BEACH, FLORIDA, THAT: SECTION 1. The foregoing “Whereas” clause is hereby ratified as being true and correct and incorporated herein by this reference. SECTION 2. The City Charter is hereby revised to read as follows: Sec. 5. Terms of elective offices. 405 of 451 (a) All elective offices shall be for the term of three (3) years. The term for any elected office is three (3) years. No person may hold the office of City Commissioner for more than two consecutive terms. No person may hold the office of Mayor for more than two consecutive terms. A person holding the seat of City Commissioner for two consecutive terms may immediately thereafter hold the seat of Mayor. and no person shall be eligible to hold any elective office for more than two (2) consecutive terms. For purposes of this section, elective office shall include both mayor and commission member. (b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions of this section. SECTION 3. The Ballot Title shall be as follows: AMENDING TERM LIMITS SECTION 4. The following question shall be placed on the ballot for consideration by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General Municipal Election in Palm Beach County, Florida. The election ballot question shall read as follows: The City Charter contains a two term limit on both Commission and Mayor seats. Should the charter be amended to allow a City Commissioner (including current Commissioners) who has served two terms to immediately qualify for and hold the Mayor’s seat on the Commission? YES ____ NO ____ SECTION 5. That should a majority of electors voting on the above-referenced referendum election vote "YES," thereby approving the above ballot issue the revised charter language shall become a part of the Charter of the City of Boynton Beach, Florida. SECTION 6. That the City Clerk is hereby directed to insure that the appropriate numbers and/or letters are affixed to the Articles and Sections of the Charter in order to conform the Charter to the amendments if approved. SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the State of Florida Election Code, as well as the City's Charter and Code of Ordinances. SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same are repealed to the extent of such conflict. SECTION 9. If any clause, section or other part of this Ordinance 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 Ordinance. 406 of 451 SECTION 10. This Ordinance shall become effective immediately upon its passage and adoption. SECTION 11. Effective Date of Proposed Charter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the November 2014 election. PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS _____ DAY OF __________, 2014. SECOND, FINAL READING AND PASSAGE THIS _____ DAY OF _________________, 2014. CITY OF BOYNTON BEACH, FLORIDA Mayor – Jerry Taylor _____________________________________ Vice Mayor – Joe Casello _____________________________________ Commissioner – David T. Merker _____________________________________ Commissioner – Mack McCray _____________________________________ Commissioner – Michael M. Fitzpatrick ATTEST: Janet M. Prainito, MMC City Clerk (Corporate Seal) 407 of 451 13. B LEGAL May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Pursuant to Section 286.011(8), Florida Statutes, a EQUESTED CTION BY ITY OMMISSION private attorney-client session of the City Commission is requested to discuss pending litigation in the following cases: 1. BELINDA LESTER, Plaintiff vs. CITY OF BOYNTON BEACH, Defendant - Case No. 13-CV-80043-Ryskamp/Hopkins (False arrest, excessive force) 2. CLIFFORD HENFIELD, Plaintiff, vs. CITY OF BOYNTON BEACH, et al., Defendants - Case No. 2013CA002667XXXXMB AB (False arrest, malicious prosecution, excessive force) ER: XPLANATION OF EQUEST In attendance during discussion of the LESTER Case will be Mayor Jerry Taylor, Vice Mayor Joe Casello, Commissioners David Merker, Mack McCray and Michael Fitzpatrick, City Attorney James Cherof, Special Litigation Counsel Michael Burke, and City Manager Lori LaVerriere. Thirty minutes is requested. In attendance during discussion of the HENFIELD Case will be Mayor Jerry Taylor, Vice Mayor Joe Casello, Commissioners David Merker, Mack McCray and Michael Fitzpatrick, City Attorney James Cherof, Special Litigation Counsel Anthony Manganiello, and City Manager Lori LaVerriere. Thirty minutes is requested. H? N/A OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: The Court Reporter fee ISCAL MPACT A: N/A LTERNATIVES 408 of 451 13. C LEGAL May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Conduct review of bid protest and determine if bid EQUESTED CTION BY ITY OMMISSION protest warrants reversal of City's notice of intended bid award. ER: On December 30, 2013, the City issued its Notice of XPLANATION OF EQUEST Intended Award for the Progressive Design Build for Ion Exchange Resin Plant and East Water Treatment Plant Improvements to CDM Smith/Carollo. Subsequent to the award, one of the unsuccessful bidders, MWH Constructors, Inc. filed a bid protest. The bid protest was reviewed by the Purchasing Director, City Attorney and City Manager, and rejected. MWH Constructors, Inc. filed a notice of appeal to the City Commission. BACKUP: 1. December 9, 2013 Evaluation Committee Meeting Minutes 2. December 10, 2013 Correspondence between City and MWH Constructors, Inc. 3. December 30, 2013 Notice of Award 4. December 31, 2013, January 9, 2014 and January 16, 2014 Protest Letter 5. March 10, 2014 Memo from Tim Howard analyzing bid protest 6. March 21, 2014 City Attorney Memo recommending denial of protest 7. March 27, 2014 Letter from City Manager rejecting protest 8. April 7, 2014 Notice of Appeal to City Commission 9. APM Policy 10.14.01 10. Chronology of Events A: LTERNATIVES 409 of 451 410 of 451 411 of 451 412 of 451 413 of 451 414 of 451 415 of 451 416 of 451 417 of 451 418 of 451 419 of 451 420 of 451 421 of 451 422 of 451 423 of 451 424 of 451 425 of 451 426 of 451 427 of 451 428 of 451 MEMORANDUM TO: Jim Cherof, City Attorney FROM: Tim W. Howard, Director of Financial Services DATE: March 10, 2014 SUBJECT: Protest of Final Ranking; RFP; #006-2821-14/DJL-“Progressive Design Build for Ion Exchange Resin Plant and East Water Treatment Plant Improvements” _______________________________________________________________________ Attached is a protest received by Procurement Services concerning the final ranking of proposers of RFP #006-2821-14/DJL from MWH Constructors received on 12/30/13 via email and followed by letter from Lash & Wilcox dated 01/09/14. The City advertised RFP #006-2821-14/DJL and opened responses on October 30, 2013. The proposals were reviewed by an evaluation committee based on the review criteria contained in the RFP, oral presentations were requested of the three (3) highest ranking proposers. The submission process and requirements were outlined in Section 5-Proposal Submission Requirements which identified First Phase-Qualifications and a Second Phase-Price Proposal. The proposers were evaluated based on the criteria set forth in Section 6-Evaluation of Proposals. Based on this evaluation MWH Constructors were ranked number 1, the top 3 ranked proposers were asked to give oral presentations to the evaluation committee. At the evaluation committee meeting on 12/09/13 which all MWH attended the oral presentations were discussed and question was answered concerning the scoring. The oral presentation letter informed the three (3) that the purpose was to present your understanding, approach, and methods to the selection committee. The oral presentations were scored and added to the previous scores, resulting in CDM as being ranked #1. The next step in the process is for the Commission to concur with the ranking from the Evaluation Committee and authorize negotiations consistent with the rankings. The protest states the final selection was based on unlawful modification of selection criteria, the evaluation committee evaluated the proposers in accordance with the stated criteria and exercised its option to request oral presentations based on that ranking. The oral presentations were then evaluated by the committee members as stated at the 12/09/13 evaluation committee meeting. Oral presentations: are conducted to allow the offerors to bring to the attention of the Evaluation Committee any aspects of their offer that may contribute to the selection of their response (www.nigp.org). This request is not unusual for these types of procurement. Recall that the original solicitation document, Section 6.1 E advises that oral presentations may be requested which gives the City the option to choose in its best interest. Also, the verbiage does not stipulate that Oral Presentations were only for the purpose of providing clarifications and should not be assumed as such. 429 of 451 We believe there has been no violation of the Florida Statutes 287.055. The statutes allow municipalities, agencies, etc. to adopt their rules of ordinance for evaluation/award. The City’s Administrative Policy Manual No. 10.8.1 provides such guidance which includes evaluation and award based on qualifications after fees are disclosed with discussions or oral presentations. Furthermore, the Florida Statutes allows for agencies to “conduct discussions with and may require public presentations by, no fewer than three firms regarding their qualifications, approach to the project, and ability to furnish the required services” as part of the Competitive Selection. MWH was advised that Oral presentations were based on presentations on the understanding, approach and method which is based on the written proposal submittal that was previously evaluated and scored. At the Evaluation Meeting where the scores were disclosed and the ranking was determined, it was mentioned and further discussed that Oral Presentations were pre-determined and that 100 points would be assigned and combined with the prior scores of qualifications and price. A representative of MWH was in attendance at the time of discussions. Also, in response to the idea of conducting and scoring oral presentations before going to Phase 2 (price proposal) reveal would not be feasible as the qualifications which was 85 points and the price proposal as 15 points were necessary to combine the scores to evaluate on an 100 points basis (as stipulated in the solicitation document) to determine the highest ranked proposers and the ranking. Typically, scoring for the Oral Presentations is rarely written within the solicitation documents to avoid confusion with the points for qualifications and cost that are in response to the RFP/RFQ. In essence, Oral Presentations allows for in depth discussions on the Respondent’s proposal that was submitted in response to the solicitation and allows the Respondent to showcase the written proposal while allowing Selection Committee Members the opportunity to ask questions. It was imperative that the Oral Presentations be scored to avoid any accusation of arbitrary decisions. As a result, the scoring sheet-Oral Presentation Evaluation Form was utilized and provided guidance in scoring to the Selection Committee members. The scoring was based on the elements stipulated in the short-listed letter (as attached) which was submitted to all three (3) short-listed firms. It was therefore incumbent upon each Proposer to be prepared to illustrate their understanding, approach and methods related to their written proposal. We have also received an Intervenor’s response on behalf of CDM Constructors, dated 02/24/14. If you have any questions, please contact me at #6312. Attachment cc: File 430 of 451 431 of 451 432 of 451 433 of 451 434 of 451 435 of 451 436 of 451 437 of 451 438 of 451 439 of 451 440 of 451 441 of 451 442 of 451 443 of 451 444 of 451 445 of 451 446 of 451 447 of 451 14. A FUTURE AGENDA ITEMS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Commission review and approval of Community EQUESTED CTION BY ITY OMMISSION Development Block Grant One-Year Action Plan including applicants for funding - June 3, 2014 , ER: Presentation of Plan resulting from April 102014 public XPLANATION OF EQUEST meeting including review of application rankings by review committee for sub-recipient funding requests. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 448 of 451 14. B FUTURE AGENDA ITEMS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: April 16, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Budget Workshop dates/times for FY 14/15 EQUESTED CTION BY ITY OMMISSION Operating and Capital Budget - Monday – 7/21/14 Beginning at 2:00 p.m.; Tuesday – 7/22/14 Beginning at 10:00 a.m.; Wednesday – 7/23/14 Beginning at 2:00 p.m. (if needed) in City Library Program Room. ER: Staff has scheduled the FY 14/15 Budget Workshops to XPLANATION OF EQUEST take place Monday through Wednesday, July 21 – 23, 2014. They will take place in the City’s Library Program Room : Monday – 7/21/14 Beginning at 2:00 p.m. Tuesday – 7/22/14 Beginning at 10:00 a.m. Wednesday – 7/23/14 Beginning at 2:00 p.m. (if needed) The Workshops will be advertised as Special Meetings per Sunshine Law. This will allow the Commission to adopt a Tentative Millage Rate for FY 2014/15 as well as the Preliminary Fire Assessment Rate Resolution. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 449 of 451 14. C FUTURE AGENDA ITEMS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Discussion on increasing the Park and Recreation EQUESTED CTION BY ITY OMMISSION Impact Fee requirement for park land to six acres per thousand residents - 5/20/14. th ER: Commissioner Fitzpatrick requested at the April 16 XPLANATION OF EQUEST Commission meeting to add the discussion to Future Agenda Items. H? OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES FI: ISCAL MPACT A: LTERNATIVES 450 of 451 14. D FUTURE AGENDA ITEMS May 6, 2014 COBB ITY F OYNTON EACH AIRF GENDA TEM EQUEST ORM CMD: May 6, 2014 OMMISSION EETING ATE O PH PENINGSUBLIC EARING O CM’R THERITY ANAGERS EPORT A/P UB NNOUNCEMENTSRESENTATIONSNFINISHED USINESS NO ATURE F A NB DMINISTRATIVEEW USINESS AI GENDA TEM CA L ONSENT GENDAEGAL BP$100,000 FAI IDS AND URCHASES OVER UTURE GENDA TEMS CCL ODE OMPLIANCE AND EGAL S ETTLEMENTS RACC: Beginning July 7, 2014, City Hall hours of operation EQUESTED CTION BY ITY OMMISSION will be Monday through Friday, 8 a.m. to 5 p.m. ER: Beginning July 7, 2014 the hours of operation for City Hall XPLANATION OF EQUEST will be 8 a.m. to 5 p.m., Monday through Friday, to continue providing high quality customer service to the City’s residents and customers. H? Citizens and customers will have OW WILL THIS AFFECT CITY PROGRAMS OR SERVICES access to municipal services and staff during weekdays, Monday through Friday. FI: ISCAL MPACT A: LTERNATIVES 451 of 451